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Articles Posted in Premises Liability

Owner's Liability for a Swimming Pool DrowningSwimming pools are unquestionably a source of fun and respite for people during the dog days of summer. However, with swimming pool ownership come a number of legal responsibilities that the owner has when it comes to safety. If they fail to follow any one of them, they can be held liable when someone drowns in their pool. This goes for both public pools as well as private backyard swimming pools.

When one dies in a drowning accident at a private pool or a public pool, their loved ones may be able to file a negligence lawsuit against the owner. They can also file a lawsuit if their loved one suffers brain injuries or any other type of harm.

The truth is that liability presents an issue for swimming pool owners. If an accident happens at someone’s swimming pool, chances are that they can be held responsible for it. There are lawsuit verdicts in Illinois that have held hotels and property owners responsible for drownings that happened in their pools.

personal injuries on someone’s propertyHomeowners Insurance can cover a variety of bodily injury that someone who does not own the home or is not a family member suffers. The homeowner would have personal liability coverage that would kick in once someone begins the claims process. Then, the home insurer would make a payment to the injured person.

The Homeowners Policy Acts as a Personal Liability Insurance

The most common type of injury that would require filing a claim against a homeowner’s policy is when you have fallen on the homeowner’s property and have been hurt in an accident.

Common Household InjuriesSerious household injuries are more common than one might think. In fact, more than 10 million individuals every year visit the emergency room as a result of injuries occurring on their residential property. These residential injuries account for more than 6 million or more insurance claims every year, where victims are seeking financial recompense for their medical expenses, lost time away from work, pain, suffering, mental anxiety and other types of damages and losses.

Common Types of Household Injuries Involving Guests

The most common forms of household injuries involve slip and fall accidents, drug overdoses, backyard drownings, electrical burns and dog attacks. Many residents and visitors are injured every year in slip and fall accidents by falling from ladders, falling downstairs and slipping on spilled liquids and slippery surfaces.

Common Foods and Food PoisoningIf you’ve ever felt queasy following a meal or regretted trying that new restaurant several days later, you are certainly not alone. Roughly 76 million people suffer from food poisoning every year in the United States and while most of the cases result in mild discomfort and sickness, some cases can be much more severe.

Tainted food claims the lives of about 5,000 people per year and the leading cause of food-related deaths is food tainted with harmful bacteria or viruses. The most effective way to avoid food poisoning is to handle and cook foods properly and to avoid any food that has exceeded its expiration date.

Microorganisms Responsible for Food Poisoning Symptoms

Trip and Fall Cases and How Hard They Are to ProveTrip and fall accidents happen all too often and typically end with serious injuries. When these kinds of accidents are caused by the negligence, carelessness or recklessness of others, victims often seek legal recourse for compensation. Common areas were trip and fall accidents occur include ramp ways, doorways, uneven surfaces, heavy traffic areas, stairways, unstable working surfaces, unguarded heights and outdoors on slippery or wet surfaces caused by ice, snow or rain.

Hundreds of thousands of individuals in the U.S. suffer a serious injury from a trip and fall accident each year. In fact, nearly 40 victims – mostly the elderly – die each day of a slip and fall accident. Even though these are common occurrences, only a few trip and fall claims and lawsuits are ever filed and resolved. Out of that, only a handful of victim cases that are finally heard by a judge and jury are ever resolved successfully. This is because trip and fall cases are often more challenging than many individuals think.

Proving the Facts

what to do when you fall down a stairwayIf you have fallen down the stairway, you are likely suffering serious injuries. This is because as your body fell, it had the potential of striking many hard surfaces before the falling stopped. As a result of your injuries, you are likely facing extensive medical bills, time away from work and financial obligations that are difficult to meet. So exactly what are your legal options for seeking recompense to pay your bills and recoup your lost wages?

Both indoor and outdoor stairway accidents are common occurrences for a trip and fall incident. When a stairway accident happens on another’s property, victims have the legal right to seek damages. This is because many stairway slips and falls can be prevented by the property owner, manager, landlord or occupant. Many of the preventable reasons that individuals fall on stairs, steps and stairwells involve:

  • Collapsing or crooked stairways

public and private propertyEvery year, hundreds of thousands of individuals suffer serious injuries in accidents that occur on public and private property. In many of these cases, problems with premises liability arise concerning the building’s design, construction and compliance with complex local, state and national building codes.

Building codes are essential to designing and constructing safe buildings and facilities. These minimum standards must be followed to create a safe environment for occupants and visitors. There are building codes for every facet of construction from the foundation to the rooftop. The codes regulate materials, components, design and building practices to ensure the durability and safety of the structure and its systems including mechanical, electrical and plumbing.

Additionally, building codes involve the installation of the buildings fire sprinklers, energy uses, emergency escapes, ADA compliance, exit signs, smoke detectors, elevators and accessibility. In addition to establishing building codes, the state also takes various means to enforce the codes and punish violators. Common violations often involve structural defects, missing exit signs, dangerous stairways, leaky gas fittings, faulty electrical wiring, malfunctioning sprinkler systems and absent emergency lighting.

premises liability lawsuitsIn recent decades, America has become a lawsuit-crazy society. The greater increase in assets and earning power, the more at risk we become than the greater the need we have to protect ourselves. Many households, property owners and companies become targets of lawsuits and claims for compensation by anything that happens at home or at work. As a result, many of us purchase umbrella insurance coverage to protect ourselves against litigation. But exactly how does umbrella insurance coverage protect defendants in a personal injury case?

Nearly all of us purchase a homeowner’s insurance policy as an effective tool for safeguarding our property that can be damaged by wind, fire, flooding or natural disaster. However, the policy may not provide coverage or only minimal coverage in any event where an individual suffers injury on the premises. This means if visitors at home suffer injuries from a trip and fall or swimming pool accident, the policy will likely cover the injury claim.

In fact, the most common types of premises liability lawsuits for homeowners and property owners involve:

When Injured at Someone's Home What do you do?Suffering an injury on another individual’s premises can be a liability issue for the property owner, according to Illinois negligence law. A lawsuit for financial recompense can be filed when the injury in house occurred when visiting another home, or while a tenant is paying rent to the homeowner. Legally accountable individuals include the property owner and/or manager taking care of the property.

Proving an Injury Claim: Addressing Liability Before Damages Can Be Evaluated

To be successful in an Illinois premises liability case involving a homeowners insurance claim, the victim must prove three specific factors, which includes:

Illinois premises liability attorneys at Rosenfeld Injury Lawyers LLCIllinois Cyclist Paralyzed by 40-Foot Limb

A recent Illinois case shed light on what can happen when a city fails to take action in dealing with damaged trees. This past March, the City Council Committee for Lincoln Park approved a settlement of $5.75 million for a cyclist permanently disabled as the result of being hit by a 40-foot tree limb. Over 10 months prior to the incident, numerous city residents had filed complaints about dead branches falling from the tree that struck the cyclist.
The city conducted an inspection, but apparently did not remove the tree.The city’s attorney argued that the rot of the tree was located at the tree’s top and unable to be seen. Even though an inspector was hired by taxpayer dollars to inspect the tree, no plans to remove the tree were made. After the inspection, numerous citizens continued to file complaints about dead branches that were not removed from the tree and causing issues. One dead branch even struck the windshield of a car and completely shattered it. Ultimately, the city decided that it would be better to settle the case for $5.75 than risk going to trial and facing a jury verdict award that could be in excess of this award.This Illinois case is a great example of what happens when a city fails to fulfill it’s duty of care to maintain safe roadways and sidewalk areas for residents. Despite the fact that the city has conducted an inspection of the tree, it failed to remove the tree. Even if the inspector believed the tree did not need to be removed, city officials continued to receive numerous complaints citing the danger of dead tree branches from residents. Because the city was aware of the continuing threat and danger of the tree, it had a duty to remove the dead branches or completely remove the tree.