970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in McHenry County personal injury attorney

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.

...

Compensation for Third Parties Injured During Police ChasesWhen a police officer pursues a driver who is attempting to flee, they do so knowing that the chase could put other drivers and pedestrians at risk of injury or death. If you are injured during a police chase, you may be able to file a personal injury lawsuit against both parties. The party being chased is clearly liable if they directly caused your injury by colliding with you. They may still be liable if the police vehicle collided with you because they were the proximate cause of the chase. It is more difficult to prove that a police officer is liable for your injury. State law grants tort immunity to police officers for most actions in the line of duty. If you file a personal injury lawsuit against a police department, it will likely ask the court for summary judgment to dismiss the lawsuit. However, you should contest a summary judgment if the police officer’s actions were reckless.

Police Policy

Police departments have policies about when officers should initiate and terminate a high-speed chase. For instance, the city of Chicago’s policy states that officers need to balance the necessity of catching a fleeing party against the danger it could create for bystanders. Officers must consider factors such as whether:

  • They are in an area with a high volume of vehicles or pedestrians;
  • The chase requires driving at a speed that is unsafe for the area;
  • The weather or road conditions will make the pursuit more dangerous;
  • The suspect has already caused property damage; or
  • The suspect has been identified, allowing the officer to apprehend them later.

Chicago’s policy prohibits officers from chasing a subject who is suspected of a non-hazardous traffic offense. Violating these policies does not make a police department automatically liable for personal injuries, but it is evidence in determining whether the officer was willfully or wantonly reckless.

...

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:

...

How Businesses Can Be Liable for Personal InjuriesFiling a personal injury lawsuit against a large business can be more challenging than when an individual is a defendant. Corporations are often familiar with being the subject of lawsuits and have attorneys who are prepared to respond to litigation. The corporation has the resources to afford a protracted legal battle if it believes it is in the right or that its reputation is at risk. On the other hand, a corporation may be more willing than an individual to offer you a settlement if it believes a court battle is not worth the expense. A personal injury attorney can review your case to determine the benefits and risks of filing a lawsuit against a corporation.

Premises Liability

Businesses can be liable for the safety of guests on their properties. Stores are the most common example of these properties, though the public could also visit an office location. To prove a premises liability case, you must show that:

  • A condition on the business premises caused your injury;
  • The business failed to identify the dangerous condition in a timely manner or did not properly warn you of the danger; and
  • You could not have reasonably foreseen or avoided the injury.

It is more difficult to prove that a business is liable for a dangerous condition that suddenly developed than a condition that is the result of a lack of maintenance. For instance, you could slip and fall after someone spilled a drink on a tile floor. Depending on how recently the spill occurred, employees may not have had a chance to clean it up and put out a “wet floor” sign. If an automatic door malfunctions and crushes your arm, the business would be liable if it was aware of the danger and had done nothing to fix it or warn you.

...

The Dangers of Teenage Driving and How to Protect ThemThe summer is a time of year when many teens are learning how to drive and getting their driver’s license. While teens may be excited by this life development, parents have reason to be concerned about their safety. Drivers ages 16 to 19 are more likely to be in a vehicle accident than any other age group in the U.S. In 2016, more than 2,400 teens in the U.S. were killed in motor vehicle accidents and almost 300,000 were treated for personal injuries. As a parent, you need to be aware of the dangers that teenage drivers face and how you can protect them.

Dangers

The main reason that teenage drivers are involved in more accidents is the most obvious reason: they lack driving experience. Beyond the technical aspects of operating a vehicle, learning to drive is about making quick judgment calls. Teen drivers are more likely to:

  • Drive at speeds that are unsafe for the conditions;
  • Misjudge how they need to react to a hazard;
  • Become distracted by digital devices or friends in the vehicle; and
  • Forget to wear their seatbelts.

Teens may also make poor decisions before they start driving, such as drinking alcohol. Illinois has a zero-tolerance policy for underage drinking and driving. A teen driver with any amount of alcohol in their system is breaking the law. Even if a teen’s blood alcohol concentration is below the legal limit for an adult, they may not be able to drive safely with that level of intoxication.

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top