325 Washington St., Suite 302, Waukegan, IL 60085
Search
Salvi & Maher, L.L.C.

Call Us847-662-3303

Facebook Twitter LinkedIn Youtube

Hablamos Español

Subscribe to this list via RSS Blog posts tagged in Illinois law

Lake County personal injury attorneysAlthough dogs are referred to as “man’s best friend,” dog attacks do happen. Severe injuries including deep lacerations, broken bones, and nerve damage and can result from a dog bite. Because dogs’ mouths are filled with bacteria, wounds from a dog bite can quickly become dangerously infected. In some cases, a dog bite can also cause terrible disfiguration. Dog attack victims may require an extended hospital stay, antibiotic medication, and surgery to correct the damage. The physical and emotional scars caused by a dog attack can last a lifetime. If you or a loved one have been the victim of a dog attack, you may be wondering who will be responsible for the medical bills incurred by the attack. The answer depends on several factors.

Illinois Law Regarding Dog Bites

In some situations, the owner of the dog can be held legally responsible for any injuries caused by the dog. Illinois statute 510 ILCS 5/16 states that a dog owner is liable for injuries caused by a dog attack when the following conditions are present:

  • The dog attacked, tried to attack, or otherwise injured the person
  • The injured individual was in a place that he or she should lawfully be when the attack occurred and
  • The dog was not provoked

A dog owner is not liable for injuries caused by someone trespassing. So, if the injured person was walking through someone else’s backyard when he or she was attacked and did not have permission to be there, the dog owner is not liable. It should be noted that the Illinois dog bite law covers dog bites as well as other injuries caused by a dog. For example, if a dog pushed someone to the ground and that person sustained a head injury, the law still applies.

...

Lake County personal injury attorneysAs you enjoy your holiday parties this season, it is important to note how seriously Illinois law takes underage drinking. You probably already know that it is against the law for anyone under age 21 to consume alcohol, but you may not know about the laws regarding adults who supply alcohol or drugs to minors. In 2004, Illinois passed the Drug or Alcohol Impaired Minor Responsibility Act. The Act established a law that holds adults liable for injuries or deaths resulting from underage drinking when the underaged drinking was allowed or encouraged by the adults. It is important for all Illinois residents to be aware of the “social host liability law” and the consequences of allowing a minor to drink alcohol or use drugs.

Wakulich v. Mraz Provoked a Change in Illinois Law

The Illinois law regarding the duty of adults to prevent children from drinking alcoholic beverages was passed in response to a case involving the death of a 16-year-old girl. The young girl was at the home of two brothers, aged 18 and 21, and their father. At the home, the brothers offered the 16-year-old money if she could drink an entire bottle of Goldshlager without vomiting or losing consciousness. The girl consumed the bottle but quickly became unresponsive. Although the young girl was showing obvious signs of alcohol poisoning, the brothers did not seek medical help. The girl was eventually taken to the hospital but the damage to her body was too extensive, and she died due to the extreme binge drinking. 

The girl’s mother filed a wrongful death lawsuit against the family who allowed her daughter to drink so excessively, but the case was dismissed by the circuit court of Cook County. The dismissal was upheld both by an appellate court and the Illinois Supreme Court because the law in Illinois at the did not support a finding in the mother’s favor. In response to this case, the Illinois legislature created a cause of action that holds adults liable for supplying minors with alcohol or drugs if the minors are injured or killed as a result.

...

Waukegan teen driver accident lawyerA leading cause of death for teenagers in the U.S. is motor vehicle accidents. According to most recent available statistics, six teens between the ages of 16 and 19 die every day from motor vehicle-related injuries. Teens in the same age group are nearly three times more likely to be in a fatal crash than are drivers aged 20 years and older. Many of these crashes are entirely preventable, if parents and teenage drivers heed advice given by experts who have studied this issue.

Illinois State Laws on Teenage Driving

To curb this increasing problem of teen accidents, the state of Illinois, like many others across the country, has put in place restrictions intended to ensure that teen drivers have enough training and supervision to minimize or altogether eliminate serious injury caused by these accidents involving teenage drivers. The law in Illinois requires that a teenage driver must complete a state-approved education course. Additionally, the driver’s parent or guardian must certify that the teen has attended and completed at least 50 hours of driving practice, ten of which must be driving at night.

Restrictions on Teen Drivers

Once the teenager has completed the state mandated driving course, and their parent or guardian has made the required certification, the teenager will then be given an initial driver’s license with the following restrictions placed on the teenage driver:

...

illinois texting and driving lawsLast August, Illinois Governor Pat Quinn signed a bill that prohibits the use of all hand-held phones by drivers. The law officially became effective and enforceable as of January 1, 2014. This makes Illinois the twelfth state to employ such a prohibition on the use of hand-held phones while driving. Commercial truck drivers were prohibited from using phones a full year earlier.

It is little wonder why policymakers would focus on cell phone-related car accidents. According to the Illinois Tollway, citing the National Highway Transportation Safety Administration, hand-held cell phone usage, either through texting or taking phone calls, caused approximately 6,000 motor vehicle accidents in the state between 2008 and 2012. At any second during the day approximately 800,000 drivers on the roads in Illinois are using a cell phone while behind the wheel. The problem is particularly worrisome with teenagers, as studies consistently show that younger drivers are guilty of distracted driving at elevated rates.

Is the New Law Effective?

...
Avvo Elite Lawyer 10 Best 2016 ASLA 2017 Nation's Top One Percent American Justice Institute Top 10 Chicago Bar Association DuPage County Bar Association Illinois State Bar Association Kane County Bar Association Illinois Trial Lawyers Association Lake County Bar Association McHenry County Bar Association Workers Compensation Lawyers Association Martindale Hubbell 2018 Martindale Hubbell 2018
Back to Top