Articles Posted in Premises Liability

Accidents in the Backyard May not be CoveredWith shows like “Treehouse Masters” amassing popularity in American culture, many adults are turning the backyard into the playground of their fantasies. Treehouses and trampolines are ever-popular with children and adults. While putting a trampoline in the backyard may seem like a great idea to get the kids out of the house, adults may want to think twice before investing in them. Your homeowners insurance policy may not provide coverage for injuries that result from the use of trampolines or treehouses. Make sure that you discuss coverage options with your insurance agent before you spend thousands of dollars on a new trampoline or treehouse.

About three percent of all American households have a trampoline. Insurance corporations spend over $280 million to provide treatment for those who suffer injuries on trampolines. Because of these statistics, homeowners are facing greater difficulty in securing insurance coverage for trampolines at affordable rates.

Homeowners Insurance Coverage Types

Falling Trees and What They May CauseIllinois 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.

Accident in swimming poolPool drains have long been a safety issue, especially with small children. However, there is little public education or awareness of how dangerous these drains can be. Sometimes it takes a near-tragedy in a public figure’s life to bring the needed attention to promote safety.

In the first week of August, the Grammy winning singer and actor Usher’s five year old son was entrapped in a pool drain at his Atlanta home. The boy fell to the bottom of the pool and became ensnared in the pool drain, unable to break free. The adults at the home tried unsuccessfully to free him, however, a subcontractor working on the premise was able to pull the boy from the drain and give him CPR.

Not A Isolated Incident

TV mountings can be dangerous if they fallChildren are attracted to novelty items, such as things that are new around the home. Often children like to play around with things that they have been told not to go near, such as the microwave or the television set. Parents are constantly struggling trying to control their children’s curiosity and with good reason. More often than not, children can obtain serious injuries when they are playing around areas that are off limits.

The Dangers of Television Sets Mounted On Walls Or Balanced On Stand

Television threats are increasingly becoming a threat to children. Not because of the mundane television shows that seem to be appearing on every channel nowadays as you may have thought. It is because of the risk of injury television sets pose to children when they fall. In a study that was published in the medical journal, Pediatrics, it was found that between the period of 1990 and 2011, over 380, 000 cases of children being injured by a television set was reported.

Child Drowning at daycareVicente Cardenas’ drowning

Five-year-old Vicente Cardenas’ death had all parents scared to let their kids out of sight. While attending a field trip arranged by a professional childcare facility, this young boy hit the pool and drowned within earshot of instructors and the facility staff.

While kids love to goof around in pools, according to the child’s parents, the childcare facility knew Vicente did not know how to swim. Moreover, despite lifeguards being on watch, Cardenas went into the pool where the depth was approximated 6 feet. Vicente’s drowning death raised a police investigation that went on for 2 months. However, upon completion, no one was held accountable.

drowning effects on the bodyDrowning is one of the leading causes of unintentional injury death worldwide and is the leading cause of injury deaths for American children from 1-4 years of age. As unlikely as it may seem, even an adult can drown in as little as two inches of water. Even if a person drowns and lives, the damage to the body can be with them for the rest of their lives.

Drowning Facts

A person drowns when the lungs fill with water and cut off the supply of oxygen from the air. As simple as it may sound, there are actually several different ways downing occurs. The person’s airway will naturally close once any water enters the lungs. Once the airway closes, no more water will enter the lungs. Thus, technically, the lungs may not actually be filled with water when the person dies, only after.

steep stairwayA visit to an old friend turned into a nightmare for our client who fell down a flight of stairs at an apartment complex on Chicago’s Northwest side.

In the course of the fall our client, a woman in her forties, sustained a fractured leg and torn rotator cuff which required hospital care, orthopedic care and a future surgery to help reduce the shoulder pain related to her fall.

An investigation following this incident revealed that both the landlords poor maintenance of the property as well as multiple Chicago Building Code violations contributed to our client’s fall.  Working with a licensed architect, who conducted an inspection of the property, the following Code violations were in place at the time of our client’s fall:

Chicago Personal Injury Attorneys, Rosenfeld Injury Lawyers LLC, recently settled a premises liability claim on behalf of a man who sustained back and neck injuries when part of a building collapsed on him.

The incident involved an older building on the Northside of Chicago that had been previously cited by the City of Chicago Building Department for multiple code violations and general disrepair.  Without warning, the upper portion of the building collapsed sending bricks and plaster on top of our client and his friends who were tenants in the building.

Premises Liability SettlementOur client was taken by ambulance to Mt. Sinai Hospital for treatment related to his injuries.  Several days later, an orthopedist referred our client for MRI’s of his cervical and lumbar spine.  Both MRI’s confirmed disc herniations (C5-6 and L5-S1).  After undergoing months of physical therapy and facet injections from a pain management physician, the treatment had primarily relieved most of the pain and radicular symptoms.