Articles Posted in Premises Liability

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.

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.

Maximize the Value of Personal Injury CaseThere are a lot of things that you need to do in order to help prepare your personal injury case as well as things that you should avoid at all costs. If you review your case with an injury lawyer, he or she will probably ask you to provide specific information and avoid issuing any statements to anyone without preparation. Everything that you do and say following your accident can be used to build your case or to tear it down. Before you proceed with your case, be sure to collect the following information and avoid the common pitfalls that harm many peoples’ injury cases.

What to Do in Order to Support your Case

Make sure that you get pictures of the scene of the accident, your injuries and any damage done to your property, as in an automobile accident. These pictures will not only be useful in proving fault, but in establishing the severity your injuries and the amount of damage done to your property so that an accurate claim can be calculated. Make sure that you get the medical treatment that you need and no more so that you do not risk needing to pay additional costs that are not substantiated in your claim.

Consumer SatisfactionWhen an insurance company makes the claim that it ranks high in customer satisfaction, ask the question of what criteria have been considered in that ranking. While one insurance company may have more satisfactory rates and initial service, another may rank much higher in claims satisfaction. Also consider that just because an insurance company has and retains a lot of customers does not necessarily mean that it is retaining happy customers. You would be surprised to learn how many unsatisfied customers continue to pay a premium to an insurer that they are not completely satisfied with.

Poor Service Doesn’t Seem to Chase Customers Away

In a consumer satisfaction study conducted among auto insurance policyholders, it was found that 65% of those who were very unsatisfied with the price that they pay for their policies still planned to renew them. The numbers were almost identical when considering customers who were dissatisfied with their insurance company’s claims service. Once again, a large majority—67% said that they would renew their policies even though they were extremely dissatisfied with the claims treatment they received.

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.

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa