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Lung Disease from Vaping Can Be Subject to Product Liability LawsuitsE-cigarettes were introduced to consumers more than a decade ago as a safer alternative to smoking tobacco products. Vaping has caught on with younger smokers, partly due to its cleaner image and the variety of flavors. However, it has become clear that e-cigarettes are not as safe as their manufacturers claimed. There are hundreds of cases of e-cigarette users developing lung diseases, with several patients dying as a result. If you have developed a lung disease due to vaping, the manufacturer may be liable for your personal injury if the product did not warn you about the risk.

Dangers of Vaping

While e-cigarettes may contain fewer toxins than normal cigarettes, that does not make them safe to use, particularly for teens and pregnant women. Most e-cigarettes still contain nicotine and chemicals that can cause cancer and lung disease. Long-term vaping is believed to lead to several diseases, including:

  • Pneumonia
  • Asthma
  • Lung cancer
  • Heart disease
  • Emphysema
  • Bronchitis

The device itself has also been dangerous to consumers because of numerous incidents in which the battery exploded. Because e-cigarette users often carry the device in their pocket, an explosion can cause serious burn and shrapnel injuries.

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How Holiday Decorating Can End in InjuryWhen it comes to holiday-related injuries, people may think of classic comedies such as “National Lampoon’s Christmas Vacation.” While the accidents are played up for comedic effect in the movies, holiday injuries are real and no laughing matter for those who are hurt. According to one study, Christmas decorations injured around 173,000 people in the U.S. from 2007 to 2016. Recovering from an injury can put a damper on your holidays, which is why you should be careful when decorating in and around your house. In some cases, a faulty product may cause your injury, which could allow you to seek personal injury compensation from the manufacturer.

Outside Decorations

Decorating your house can be dangerous because you may be installing lights and hanging objects from high places. There is always a risk of electrocution and fire when handling electricity. Climbing up a ladder or onto your roof puts you in a precarious position, particularly if you are dealing with ice and snow. Falling from the top of even a one-story home may cause broken bones, head trauma, and other serious injuries. You can protect yourself while putting up outside decorations by:

  • Waiting for a day with clear weather
  • Removing snow and ice from surfaces
  • Replacing strings of lights that have exposed wires and broken bulbs
  • Testing your ladder to make sure it is stable

Indoor Decorations

The largest decoration hazard inside your home is likely your Christmas tree. Whether you have a real or artificial tree, it can injure you if it falls on you or catches on fire. Broken ornaments can cause cuts, and leaving small ornaments or hooks in the reach of young children could be a choking hazard. Illuminating your tree with lights once again brings risks related to electricity. You can protect your family against indoor decoration injuries by:

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Are Property Owners Liable for Fall Injuries Caused by Leaves?Many people love autumn in part because of the changing colors of the falling leaves. Leaves are usually not an obstacle for walkers but can sometimes be responsible for slip, trip, and fall injuries. Wet leaves can be slick, and a layer of dry leaves may hide obstacles or wet surfaces. When it comes to personal injury compensation, fall injuries are usually a premises liability issue. Whether you receive compensation from a property owner or their insurer depends on whether the property owner had a duty to protect you in the situation leading to your injury.

Clearing Leaves

There is an Illinois Snow and Ice Removal Act that covers premises liability when someone is injured due to winter accumulations on a property. There is not an equivalent act for leaves. If the same principles apply to leaves as snow, then property owners are not required to clear leaves from walkways on their property. If they do clear the leaves, they are responsible for doing so in a way that does not create a hazard for pedestrians.

If a court applies the Illinois Premises Liability Act, property owners may have a greater obligation to clear leaves from their property. The act states that property owners must make a reasonable effort to protect people from or warn people about hazards on their property. If the property owner had a reasonable amount of time to clear the leaves from public walkways near their property, they may be liable if those leaves became wet and created a slipping hazard due to their negligence. Liability would be more certain if a property owner left an object, such as a rake, hidden under a pile of leaves on the sidewalk.

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When Are Schools Liable for Children’s Injuries?Parents send their children to school with the expectation that they will be safe, but accidents occur that may result in a child being injured. When the injury requires extensive medical treatment, you should investigate whether you have a strong case for filing a personal injury lawsuit against the school. School districts in Illinois are required to carry insurance in case they are found liable for a student’s injury. In many situations, Illinois law protects school districts against parents filing personal injury lawsuits unless they can prove willful or wanton conduct by the district or its employees.

Plaintiff’s Burden

Illinois’ Local Governmental and Governmental Employees Tort Immunity Act creates a high burden of proof when plaintiffs file personal injury lawsuits against public entities, such as public school districts. Student injuries are most likely to occur during recess periods, physical education classes and extracurricular athletics. The law states that a school district is not liable for injuries that occur on properties that are meant for recreational activities unless the injury was caused by willful or wanton conduct, which is:

  • Intent to cause harm; or
  • Conscious disregard for safety.

Willful or wanton conduct is a stricter burden of proof than negligence because it requires proving the defendant’s intent. It is unlikely that a school or its employees would intend to injure a student. Showing that the school was ambivalent towards its students’ safety is more likely but still difficult.

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Posted on in Personal Injury

How to Avoid Dog Bite InjuriesApproximately 4.5 million people in the U.S. are bitten by dogs each year. In 2018, insurers paid $675 million in homeowner liability claims for dog bites. Illinois had the fourth-most dog bite claims of any state in 2018. There were 822 claims that received a total of $29.2 million, which is an average of $35,553 per claim. All of these statistics show that dog bite injuries are common and often result in the owner being liable for medical expenses. Illinois law states that dog owners are liable for any injuries that their dog causes, as long as the victim was not trespassing and did not provoke the dog. You want to avoid a dog bite if possible for the sake of yourself and the owner. There are several practices that reduce the chances of a dog attack:

  1. Talk to the Owner First: Before you approach an unfamiliar dog, you should ask the owner for permission. You do not know how aggressive the dog is and how it reacts to strangers. It is best to leave some dogs alone for your own safety.
  2. Proceed Slowly: After receiving permission to approach the dog, do not immediately start with petting or playing. Calmly walk up to it and offer your hand for it to sniff. If the dog accepts the gesture and seems happy or calm, you can proceed by gently petting it. Do not force the dog to greet you if it seems disinterested or scared.
  3. No Surprises: Do not interrupt a dog when it is eating, sleeping or otherwise occupied. Do not approach the dog from behind to pet it. Startling a dog could cause it to react defensively, such as biting.
  4. Play Nice: You may be used to playing aggressively with your dog. Do not assume that someone else’s dog is familiar with that kind of play. What seems playful to you may be aggravating to the dog.
  5. Watch Your Children: You need to remind your children of all of these rules before they meet an unfamiliar dog. They may not realize that someone else’s dog can behave differently than their own dog. Children are more likely than adults to be seriously injured by a dog because they are less capable of defending themselves.

Contact a McHenry County Personal Injury Lawyer

A dog bite can cause a serious wound and possibly carry a disease. It is common to experience trauma from the incident. Though you may not blame the owner, you may need compensation if your injury requires expensive medical treatment. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you determine how much compensation you need for your dog bite injury. Schedule a free consultation by calling 815-338-3838.

Source:

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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