The Illinois Wrongful Death Act can be difficult to understand and interpret correctly. As with many pieces of legislation, the way the law should be interpreted is established in large part through case law. Recently, the First District Appellate Court announced a ruling that demonstrates the complex nature of the Wrongful Death Act with regard to unborn fetuses. If you have lost an unborn child due to medical negligence, contact an experienced personal injury lawyer to learn about your options under Illinois law.

Surgeon’s Failure to Recognize Pregnancy Leads to Elective Abortion

According to court records, when the Illinois woman bringing the unprecedented lawsuit was admitted to the hospital for an elective surgery, she did not know that she was pregnant. During presurgical assessment, samples of her blood and urine were tested and lab results showed an increased amount of Human Chorionic Gonadotropin (HGC), the so-called “pregnancy hormone,” in her system. Although the lab results indicated a possible pregnancy, the woman was allegedly assured that she was not pregnant and the surgical procedure continued. Unfortunately, the woman was, in fact, pregnant. She claims that she later learned that the medications and general anesthesia used during the surgery may have resulted in major fetal abnormalities. Because of this, the woman elected to terminate her pregnancy.  

Liability for Fetal Death May Lie With the Surgeon Who Failed to Recognize Pregnancy

Although the woman’s decision to have an abortion was her own choice, she only made this decision because the fetus could potentially suffer from deformities. These possible deformities would not have occurred if the surgeon had recognized that the woman was pregnant and canceled the original surgery. Because of this, the woman filed a wrongful death lawsuit against the surgeon.

Falling can lead to traumatic brain injuries, broken bones, spinal injuries, internal organ damage, and more. Something as simple as a broken handrail on a flight of stairs or slippery floor can cause a person to suffer agonizing injuries. People who are hurt in a fall may need extensive medical treatment and ongoing care. Their injuries may prevent them from working, maintaining their home, caring for children, and enjoying life the way they could before being injured. Fall-related expenses such as these can quickly become overwhelming. If you or a loved one have experienced a slip and fall accident, you may be eligible for compensation.

What Are the Illinois Laws Regarding Premises Liability?

Premises liability laws pertain to an injured person’s right to pursue damages after being injured on another person’s property. According to the Illinois Premises Liability Act, property owners, managers, and occupiers have a legal duty to keep premises reasonably safe for people who are lawfully on the property. If a hazardous condition does exist on the property, the owner must take action to fix the condition or warn guests to the property about the unsafe condition.  

When Is a Property Owner Responsible for Slip and Fall Injuries?

In order to bring a successful personal injury claim against a residential or commercial property owner, you will need to establish that the owner’s negligence led to your injuries. Often, a slip and fall accident is caused by an unsafe condition on a property such as a parking lot pothole, broken or icy walkway, loose floorboard, torn carpeting or loose rug, or poorly constructed staircase. If it can be proven that the owner was aware of the unsafe condition and it represented an unreasonable risk to guests, the property owner may be liable for injuries caused by a slip and fall.

Few technologies have had the impact on Americans’ daily lives that smartphones have had. You may use a smartphone to stay connected with loved ones, check the weather forecast, take pictures and videos, listen to music, and more. Unfortunately, as smartphone technology becomes more and more advanced, people become more and more reliant on their phones. Some people cannot even put their phone down when they are behind the wheel of the car. If you or a loved one were hurt in an accident involving distracted driving, you may have a valid personal injury claim.

Shocking Statistics

According to the National Highway Traffic Safety Administration, nearly 3,000 people died in car accidents caused by distracted driving in 2018, and many more were injured. Texting and driving has long been an issue on U.S. roads, but now, there are even more smartphone-related distractions to be concerned about. Social media, emails, and mobile game apps are just as distracting as texting is. Some motorists even admit to watching Netflix or other video streaming services while operating a car.

Of course, phones are not the only distraction that can lead to accidents. Kids or pets can also be a major distraction for many motorists. A driver may take his or her eyes off of the road for only a few moments to deal with a problem in the backseat only to realize that he or she is headed straight for a collision. Distracted driving can even be caused simply by the presence of passengers in vehicle. Anything that takes a driver’s mind away from driving, eyes off of the road, or hands off of the wheel can result in serious or even deadly car accidents.

Being the victim of a violent attack is one of the scariest experiences a person can endure. If you have been the victim of an assault, sexual assault, robbery, or other act of violence, you know just life changing the experience can be. Victims of violence are often left with serious injuries including lacerations, broken bones, internal organ damage, and more. Often, the psychological harm caused by an attack is just as damaging as the physical harm. The victim may be afraid to be alone or even avoid leaving his or her house for long periods of time. When an attack is caused by inadequate security, it is possible that the owner of the property on which the attack occurred may be liable.

When is a Property Owner Liable for Acts of Violence?  

Property owners have a legal obligation to keep their premises reasonably safe for guests to that property. In many cases, an inadequate security lawsuit hinges upon the question of foreseeability. A property owner cannot be expected to prevent every possible injury to guests. However, if the property owner knew that other people had previously been harmed on his or her property due to insufficient security measures and did nothing to improve security, he or she is more likely to be considered partially responsible for an attack. If the assailant is caught, he or she will have legal liability as well. The injured person may be entitled to compensation for medical bills, ongoing medical care, lost income, and more.

Bringing a Successful Premises Liability Claim for Inadequate Security

Depending on the circumstances of an attack, the wrongdoer may be caught and charged with a criminal offense such as assault or battery. Criminal charges are often helpful in proving the validity of a personal injury claim against a property owner, but they are not necessary. In order to bring a successful injury claim you will need to prove to the court that:

As warmer weather approaches, many Lake County residents are starting to get their boats ready to take out on the water. Whether it is on a privately-owned boat or a commercial vessel, nothing quite compares to the feeling of bobbing with the waves and feeling the sun on your face. Unfortunately, not all boat operators are as careful as they should be. Boat accidents that result in severe injuries and even death occur every year in the United States. When a person is injured or killed as a result of a negligent boat operator, the injured person or surviving family may be entitled to financial compensation.  

Inattention and Alcohol Use Lead to Serious Boat Accidents

Just over 630 people lost their lives in boating accidents in the U.S. in 2018, and thousands more were injured. Sadly, many of these accidents could have been prevented if the boat operator was acting in a safe, responsible way. Many people falsely believe that they do not need to be vigilant while operating a boat because they assume that they can react to any dangerous situation in time to prevent an accident. However, Illinois boaters and passengers are seriously hurt every season due to improper lookout and operator inexperience. Boat accidents are also common when boats are travelling at excessive speeds. 

By far, the leading contributing factor in serious boat accidents is alcohol use. Boating under the influence is against the law in Illinois, but many boaters do not take this law seriously. When operator negligence is the cause of a boating accident, the people hurt in that accident may be able to receive compensation for their damages through a personal injury lawsuit.