Unfortunately, many dogs are aggressive and do lash out.  Sometimes these animals are already on edge due to past mistreatment or are simply acting to protect their owners or property.  However, all animal owners have a legal and ethical obligation to ensure, at all reasonable cost, that their animals do not cause harm to others.

According to the Commission on Animal Care and Control here in Chicago-land, as was reported in today’s redeye newspaper (a Chicago Tribune publication), there were 1,830 reported canine bites in 2011.  Not surprisingly, of all types of animals dogs represented 98 percent of bites reported.  While a wide variety of breeds were mentioned by the Commission, Pit bulls (mixed) and American pit bull terriers combined to represent 40 percent of all reported attacks—even though they represent less than 5 percent of dogs registered in the city.  Yes, even small dogs such as Chihuahuas (2.73 percent) and small Poodles (1.31 percent) were on the list.

Nearly every day of the year saw at least one report of an animal bite, ranging from small scratches to major injuries that required hospitalization.  Those of you reading this that has been severely bitten know first-hand that recovering from a dog bite can be a lengthy and painful process.  What most people do not realize is, often, victims can recover damages to cover their medical treatments, any necessary medications, future treatment, psychological counseling and any lost wages.  Claims can be made against the owner, his or her insurer, and possibly a third party if their negligence caused the injury.

State laws vary in animal bite cases, but in the State of Illinois, the law specifically states:

If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.

Here are some things you can do if you have been injured by an animal:

• If you have recently been severely injured by an animal and have not sought medical attention, you should do so immediately.
• Immediately report your accident to the police and request a copy of the police accident report.
• Try to obtain the name and contact information of the animal owner.
• Try to get the name and contact information of any people who witnessed your accident.
• Try to take photographs of the animal which caused your injuries and the location of the accident.
• Try to take photographs of any visible injuries you have suffered as result of the incident with the animal or permit our investigator to accomplish this.
• Do not have any communication with the owner of the dog or the owner’s insurance company.  If you accept any form of compensation, you may waive your right to sue for additional damages.
• Try to save any clothing that may have been damaged by the animal.
• Please save and, if possible, take photographs of any property damage caused by the animal.

If you or someone you love has been the victim of an animal attack, contact Salvi, Schostok & Pritchard P.C.  We are knowledgeable in animal attack litigation and have the experience, experts and resources to leverage a strong case on your behalf.  For more information or to schedule a free, no-obligation consultation, please contact us today.

According to the article, the Governors Highway Safety Association reported that little progress has been made in reducing the proportion of speed-related crashes in the US.  While most of us have been consumed with reducing DUI accidents (PR campaigns), increasing seatbelt use (legislation), and limiting red light violations (intersection cameras); few have focused on the substantial problem of speeding.

The truth is speeding continues to be a factor in about one-third of US traffic deaths. Since 2000, the share of traffic fatalities linked to speeding increased 7 percent, while other types of major traffic related fatalities declined. In 2010, 10,530 people died in speed-related crashes. Unfortunately, many of these victims were innocent drivers, passengers and by-standers whose lives were forever changed because someone was in a rush.

Numbers were not provided for people who were severely injured due to speed-related crashes.  My guess is that number is substantial.

Oddly, there seems to be a general public indifference to speeding and aggressive driving.  More policing, lower speed limits, speed cameras, increased penalties, and more public awareness to the dangers of speeding need to implemented to begin turning this negative trend around.

For now, please slow down and drive with caution.  Be alert.

If you or a loved one has been a victim of someone else’s reckless driving call (847) 249-1227or use the firm’s online contact form.

Storms left widely different amounts of snow in the Chicago area late last month, with over 8 inches in places like Huntley, Cary and Mundelein, and just over an inch in Oak Park and Midway Airport.  At O’Hare, the weather caused delays and forced the cancellation of over 350 flights.

In the wake of the heavy snows, the National Weather Service issued warnings earlier this week about dangerously strong winds to Rockford, Woodstock, Aurora, Ottawa and Oswego area residents and travelers. With gusts up to 45 mph and sustained winds over 30 mph, officials warned drivers to be cautious or avoid driving all together. They also advised homeowners to take precautions to help avoid property damage.

Heavy winds can often be a hidden winter killer. According to the most recent figures from the National Weather Service, 33 people died from wind-related accidents or injuries in 2010. In Illinois alone, severe weather caused 29 fatalities and over $444 million in damage.

Heavy or gusting winds can be a serious threat to lighter vehicles, like many passenger cars, causing decreased visibility, difficult steering and other problems. Houses and other property are also vulnerable to high winter winds. Illinois is classified as one of the states most likely to experience severe wind hazards, according to FEMA.

There are several things that homeowners can do to protect themselves, their families and their property from accidents or injuries caused by high winds. They can begin by checking local regulations concerning building materials used in home construction, necessary protection for openings like garage doors, and by finding out their area’s FEMA-assigned Wind Zone. If the materials or methods of construction used to build a home don’t match regulations, high winds could cause serious damage or injury.

Regular maintenance and repair are also needed, even in homes and other property built to code. People who are renovating or building new homes should consider including a high-wind safe room in plans for their property. Safe rooms, often thought to be only for tornados or hurricanes, can provide protection during other high-wind events.

About Salvi, Schostok & Pritchard P.C.

Salvi, Schostok & Pritchard P.C. is an Illinois personal injury law firm with offices in Chicago and Waukegan. In addition to representing clients in catastrophic personal injury, medical malpractice, aviation and product liability cases, the firm focuses on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $620 million on behalf of its clients in personal injury and wrongful death cases, including 175 multi-million dollar verdicts or settlements.  

For more information, call (312) 372-1227 or use the firm’s online contact form.

According to the lawsuit, the man who allegedly assaulted the victim, went to the front desk, said that he was the woman’s husband and obtained a key from hotel staff without showing any identification or proof of his identity.  Simply put, he asked for a key and got it.  

The number one security issue hotels face is controlling who has access to a guest’s hotel room.  As we saw firsthand with the New York business woman, the issue needs to be more widely addressed and resolved by hotel franchises.  There should be thorough and frequent background checks of all hotel staff, regular security training, cameras, door locks, safety equipment and technology, along with strict rules and procedures in order to provide maximum security for guests.  No stone should be left unturned. 

The truth is simple – criminals like to target travelers, particularly vulnerable women who are traveling alone.  As a woman, I understand wanting the comfort of safety and security when traveling, even more so in a city that is unfamiliar to me. 

If you or a loved one has been injured in a hotel, it makes sense to consult with an experienced lawyer to explore every legal option available to you.  It is the attorney’s obligation to determine as quickly and efficiently as possible whether you have a good, actionable case.

About Salvi, Schostok & Pritchard

Salvi, Schostok & Pritchard is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. The firm’s personal injury attorneys focus on car and truck accidents, as well as medical malpractice, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe products and animal attacks.  The firm has obtained more than $585 million on behalf of its clients in personal injury and wrongful death cases, including 160 multi-million dollar verdicts or settlements.

For more information, call (312) 372-1227 or use the firm’s online contact form.

Someone with his criminal background should not have had access to apartment keys.

A check of the AccessPlus® Jury Verdict database found that several jury trials and negotiated settlements have been reached in what lawyers are calling “negligent security” cases.  One in particular resulted in a $1,500,000 Cook County Illinois verdict in which the plaintiff was attacked by an individual who apparently gained access using a master key to her apartment.  Her attack led to post-traumatic stress disorder and major depression, in addition to physical trauma. She asserted that the intruder worked for the landlord, and that despite seven prior incidents of someone using a master key to access apartments, the landlord had not changed the locks or collected all the master keys.

While our situation experienced a decade earlier was quickly resolved by police without any harm being caused, these types of cases typically do not end as well and produce a wide-variety of very serious injuries from emotional distress, to assault, rape and even death.

All business owners and operators need to implement reasonable and ordinary security measures for the protection of their customers from crime.  Unfortunately, many businesses such as apartment complexes, hotels, motels, restaurants, shopping malls, hospitals, colleges and the like, simply do not do enough to protect their customers; causing negligent security cases to increase in popularity.

If you believe you or a loved one has been harmed through negligent security, call Salvi, Schostok & Pritchard P.C. today at 847-249-1227. 

About Salvi, Schostok & Pritchard P.C.

Salvi, Schostok & Pritchard P.C. is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. In addition to representing clients in catastrophic personal injury, medical malpractice, aviation and product liability cases, the firm focuses on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $620 million on behalf of its clients in personal injury and wrongful death cases, including 175 multi-million dollar verdicts or settlements. For more information, call (312) 372-1227 or use the firm’s online contact form.

A tort is defined by Wikipedia as:

“A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general. Though many acts are both torts and crimes, prosecutions for crime are mostly the responsibility of the state, private prosecutions being rarely used; whereas any party who has been injured may bring a lawsuit for tort. One who commits a tortious act is called a tortfeasor.”

Now, I realize there are far worse things that a person can be called than a “tortfeasor.” The reality of tort law is that we generally deal with people whose lives have been significantly changed due to the wrongdoing or “negligence” of another person.

The practice of tort law is most often referred to as personal injury law, and lawyers who practice in this area are usually called personal injury lawyers. The truth is, though, that any person can suffer a tort.  A common example of a tort is a car crash, where the “tortfeasor” runs a stop sign or a red light and crashes into another car, causing injury to the occupants of that vehicle.  Torts can also include other acts of injury, including negligent design or maintenance of roads and bridges, negligent acts of medical providers, or product design defects.

Moreover, no lawyer who practices tort law, a/k/a, personal injury lawyer has an interest in bringing a frivolous lawsuit because they usually work on a contingent basis.  In other words, they only get paid if they win.  If they bring cases with no merit, how on earth are they going to get paid?  Because of this, there is a self-governing mechanism in the profession to weed out good claims from bad ones.

Now you know what a tort is.

About Salvi, Schostok & Pritchard 
Salvi, Schostok & Pritchard is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. In addition to representing clients in medical malpractice cases, the firm’s personal injury lawyers focus on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $585 million on behalf of its clients in personal injury and wrongful death cases, including 160 multi-million dollar verdicts or settlements.

For more information, call (312) 372-1227 or use the firm’s online contact form.

Effective June 28, 2011, all cribs (full-size and non-full-size) which are manufactured, sold, or leased in the United States must comply with new federal safety regulations. After nearly 30 years, last December the U.S. Consumer Product Safety Commission (CPSC) updated federal crib standards to include the following:

• Stop the manufacture, sale, and donation of dangerous traditional drop-side cribs;
• Make mattress supports stronger;
• Strengthen crib slats;
• Make crib hardware more durable; and
• Require more rigorous safety testing.

Clearly, while drop-side cribs are one target of the new regulations, it is not the only one. So even if a drop-side crib isn’t on your list, you still have to exercise wisdom in buying a new crib.

Faced with the impending deadline, and the possibility of having thousands of merchandise they would be unable to sell, many retailers are selling their soon-to-be non-compliant cribs at deep discounts. In an effort to avoid this sleight of hand, consumers should – if at all possible – avoid purchasing a crib until the June 28 deadline.  But since bouncing bundles of joy pay little attention to anyone’s deadlines except their own, consumers should carefully research their options before making a purchase.  Merely looking at a crib will not reveal its safety level.  Therefore, consumers are advised to ask the retail store or the manufacturer whether the crib complies with 16 CFR 1219, the new federal standard for full-size cribs or with 16 CFR 1220, the new federal standard for non-full-size cribs. It is imperative that consumers speak up and ask the right questions so they can rest easy as their little one slumbers.

I already have a drop-side crib. Now what?

Glad you asked.  For consumers that already have a drop-side crib, CPSC advises that they:  a) stop using the drop-side function, and b) request a free immobilizer from their crib’s manufacturer. Drop-side immobilizers are devices that are used to prevent the drop-side from either partially or fully separating from the crib. In the wake of CPSC’s action, some crib manufacturers voluntarily recalled their cribs and are providing immobilizers. For a list of CPSC-evaluated and approved immobilizers, visit the CPSC website . Please note, immobilizers not listed have not been tested, evaluated, or approved for use by CPSC staff. 

In addition to requesting a free immobilizer, CPSC advises consumers to take the following steps to ensure their child’s safety:

• Check CPSC’s crib recall list to make sure your crib has not been recalled;
• Check the crib frequently to make sure all of the hardware is secured tightly and that there are no loose, missing, or broken parts; and
• Use a portable play yard, so long as it is not a model that has been previously recalled.

What about my child’s day care center? Do they have to comply?

Another great question! These new federal regulations do apply to child care facilities, family child care homes, and places of public accommodation such as hotels and motels; however, they have until December 28, 2012 to ensure that all cribs used in their facilities meet the CPSC’s new standards.  Parents are advised to speak with the management at these facilities and ensure that their child is not being placed in a recalled crib. Parents should also obtain the facility’s plan of action to replace existing cribs and comply with the new federal regulations. As the best advocate your child could ever have, asking the right questions now can possibly avoid heartache later.

Please note, since hospitals are regulated by the FDA and cribs used in these facilities are regarded as medical devices, hospitals are not required to comply with the new CPSC crib standards. However, any child care facility that is owned, operated by, or located in a hospital is held to the same December 28, 2012, deadline for coming into compliance with the CPSC regulations.

For more information on the new crib standards, visit the Consumer Product Safety Commission website today!

About Salvi, Schostok & Pritchard

Salvi, Schostok & Pritchard is a leading Illinois medical malpractice law firm with offices in Chicago and Waukegan. In addition to representing clients in defective product cases, the firm’s personal injury lawyers focus on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks.

The firm has obtained more than $585 million on behalf of its clients in personal injury and wrongful death cases, including 160 multi-million dollar verdicts or settlements.  For more information, call (312) 372-1227 or use the firm’s online contact form.

Thankfully this coffee accident didn’t cause any serious injuries. 

While my wife attended to my irritated skin (and bruised ego) we couldn’t help but remember another coffee case, a more infamous one that happened back in February of 1992—a case many still consider to be one of the most frivolous and outlandish lawsuits in history.  As strange as this may sound, to this day I often hear references to the “McDonald’s coffee case” when I tell people I work for a Plaintiff’s Personal Injury law firm. It follows me around like a bad lawyer joke.

The fact remains that the news media never fully reported the facts of this case in 1992.  They simply got caught up in the story of an old lady who spilled her coffee and sued McDonald’s for millions.  When most rational people learn the whole story, they tend to… get ready… sympathize with the victim (gasp!).

You see, Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson’s car when she ordered coffee at the drive-through window of her local McDonald’s. After receiving the order, her grandson pulled his car forward and stopped momentarily so that Stella could add cream and sugar to her coffee. Stella, who was 79-years-old at the time, placed the Styrofoam cup between her knees, as most of us would do, and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.

Contrary to news reports, she was not driving the car and the car was not moving when she spilled the coffee.

The sweatpants Stella was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Stella suffered third-degree burns over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting and debridement treatments.

This was no minor coffee spill my friends.

Stella originally sought to settle her claim for $20,000, primarily to cover her medical bills, but McDonald’s flatly refused.  This was not a greedy woman. She did not seek millions of dollars in compensation as some had erroneously claimed. She did want her medical bills paid, and she wanted McDonald’s to reduce the temperature of their coffee so this unfortunate situation would not occur again.

You might find it interesting that during discovery, McDonald’s produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992.  Yes, more than 700 claims.  Some claims involved third-degree burns. This history documented McDonald’s knowledge about the extent and nature of this hazard that had severely injured hundreds of their customers—yet, surprisingly no policy changes were implemented.

McDonald’s also said during discovery that, based on a consultant’s advice, it held its coffee at between 180 and 190 degrees Fahrenheit (about the heat level of your car radiator) to maintain optimum taste. The consultant admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.

Further, McDonald’s quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonald’s coffee, at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonald’s had no intention of reducing the “holding temperature” of its coffee.  Not a very reasonable business approach in my opinion.

A plaintiffs’ expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Stella’s spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn. At 185 degrees, the temperature is capable of almost instantaneous destruction of skin, flesh and muscle—and especially damaging on the more vulnerable skin of an older customer.  

McDonald’s argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third-degree burns from the coffee and that a statement on the side of the cup was not a “warning” but a “reminder” since the location of the writing would not warn customers of the hazard. That argument didn’t go over well.

The jury awarded Stella $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Stella 20 percent at fault in the spill. She did, after all, open the lid. The jury also awarded Stella $2.7 million in punitive damages, which equaled at the time about two days of McDonald’s coffee sales. The trial court subsequently reduced this award to $480,000 even though the judge called McDonald’s conduct reckless, callous and willful. The parties eventually entered into a “secret settlement” which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Interesting.

Even more interesting, especially for a company that claimed no liability, was that a post-verdict investigation found the temperature of coffee at the local Albuquerque McDonald’s where Stella was injured had mysteriously dropped to down to 158 degrees.

In the end, Stella’s lawsuit ended up being good news for millions of customers (like me), who will now avoid serious injury and prolonged hospital visits the next time there’s an unplanned coffee spill.

And now you know the entire story…

About Salvi, Schostok & Pritchard

Salvi, Schostok & Pritchard is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. The firm’s personal injury attorneys focus on car and truck accidents, as well as medical malpractice, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe products and animal attacks.  The firm has obtained more than $585 million on behalf of its clients in personal injury and wrongful death cases, including 160 multi-million dollar verdicts or settlements.

For more information, call (312) 372-1227 or use the firm’s online contact form.

However, many problems with tainted or otherwise unsafe food were unknown and could not easily be predicted by the industry or consumers alone.  The Food Safety Modernization Act aims to ensure the safety of the U.S. food supply by shifting the focus of federal regulators from responding to contamination to actively preventing it.

In decades past, the industry regulated itself on par with most Americans’ view of satisfactory food safety standards.  Beginning in the late 1980s and continuing into the 1990s, several incidents changed the public’s perception of the industry’s handling of food safety issues.  These incidents, along with a general increased focus on food safety by the public, led to greater awareness of the scope of food safety problems.  Twenty-four hour news services, the rise of the Internet, and Hollywood have all contributed to this change of public perception.  The increase in population of the United States has also helped because the staggering number of illnesses and deaths was enough to shock many Americans.  By the late 1990s, the public had demanded more attention on food safety. 

Most recover, but for some, foodborne illness can result in Septicemia, abortion, localized infections, arthritis, hemolytic uremic syndrome, Guillain-Barré syndrome, and even death.  If you have suffered as a result of foodborne illness, Salvi Schostok & Pritchard, P.C. can help.  For more information, call (312) 372-1227 or use the firm’s online contact form.

In this most recent case, the crib was said to have been purchased second hand.  It is my understanding the new models being sold have since had this specific problem fixed with the missing safety pegs.  Regardless, this recall serves as a good reminder that we need to be extra diligent with cribs—an industry that has come under a lot of scrutiny over the years for cutting corners on child safety.

The most recent statistics I could find analyzing injuries and deaths in nursery products severe enough to require hospital treatment for a child under 5-years-old was back in 2006—an estimated 66,400 children were injured and 80 died.  It is unknown how many of these were due to faulty products but clearly, products should not lead to injuring our children. The real shock for me was the large number of deaths and injuries associated with cribs and play yards specifically. Together, these two products accounted for 43 deaths-per-year and about 12,400 injuries according to the CPSC’s most recent data. 

As a father of a 4-year-old daughter, these statistics hit close to home.  Every parent should know the dangers these products can present.  In addition to design flaws which lead to recalls, make sure you check crib hardware every few months. Parts can wear down and fail, screws can loosen and fall out, and wood can split or splinter— all creating hazards to a child.  In addition, professional child care providers recommend against buying any crib whose history you don’t know, such as one from a garage sale, or a crib that has been in use for more than five-years.  And NEVER buy a crib that has loose or missing hardware or other components.

Salvi, Schostok & Pritchard encourage you to call us if you have a liability claim against the makers or sellers of injurious products.  Anyone in the supply chain can be held responsible for damages, including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended.

To win a strict liability case, your attorney must demonstrate that:

• The product had an “unreasonably dangerous” defect that caused the injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
• The defect caused the injury even though you were using the product in the way the manufacturer said that it was intended to be used.
• The product that caused damage had not changed “substantially” from its original sales condition.

Other forms of product liability claims are negligence (carelessness, recklessness or malice) or breach of warranty of fitness (damage directly resulting from inadequate product warning).  Each of these types of suits has its advantages and disadvantages, and we will recognize and recommend the avenue that offers the greatest chance of recompense.  In some cases, we may opt to use a combination of the three.

Let’s do everything we can to bring attention to these issues, and ultimately work to make every product 100% safe and reliable for our children.