Stimpson v. Ford: Judge Orders New Trial Based on Ford’s Misconduct at Trial
A circuit court judge in Florida recently set aside a jury verdict in favor of Ford Motor Co., finding that Ford’s misconduct had amounted to a fundamental error that deprived plaintiffs of a fair trial and justified a new trial. The lawsuit alleged that plaintiffs’ Aerostar van suddenly accelerated during gear engagement and traveled more […]
Should seat belts on school buses be required?
The United States National Highway and Traffic Safety Administration (NHTSA) doesn’t think so. In fact, the NHTSA recently denied a petition from safety groups, consumer advocates and doctors that sought to make the use of seat belts on school buses a requirement nationwide. The reason? The projected cost of adding lap belts to buses, which […]
What is a Class Action Law Suit?
You may have heard on the news a number of times that a group of people are bringing a class action suit against a corporation, but most people do not know what a class action suit actually is. Basically, a class action suit is when a group of people who have the same kind of […]
Zach’s Law Helps To Prevent A Child from Being Injured on The Soccer Field
Zachâ€™s Law, which was passed by the Illinois legislature this summer, protects children on soccer fields. In 2003, 6 year old Zach Tran became the 36th victim in the United States to die as the result of unsafe soccer goals; many more have been injured. The sad reality is that most of the goals that are in existence have been designed and manufactured using metal for the top and sidebars. This design makes these movable goals top-heavy and easy to tip over. Players of all ages, from grade school to adults, have been injured or killed when an unanchored goal fell on them.
If a child is hurt by another child: Can that child be considered contributory or at fault for the accident and also be contributorily at fault for the accident?
There are a number of considerations when determining negligence on the part of a child. Children can be contributory negligent depending on their age. Children under the age of 7 cannot be held contributory negligent under the â€œtender age doctrine.â€ Children between the ages of 7 through 14 can be contributory negligent depending on their age, capacity, intelligence and experience.
Amusement Park Safety
Amusement park ride accidents can cause serious injuries or even death. If the rides are not adequately maintained or the safety rules in place are not followed, serious accidents can occur. In fact, according to RideAccidents.com, there have been 17 reported accidents stemming from amusement park rides thus far in 2011. A recent article describes a […]
Illinois Court on Homeowner’s Liability For Worker’s Fall
In July, the Appellate Court of Illinois, First District, considered whether a homeowner was liable for the injuries sustained by a guest who fell as he walked down a flight of stairs. In Van Gelderen v. Hokin, No. 1-09-3283, the plaintiff claimed that the location of the door through which he exited in relation to […]
Do medical errors increase during summer months?
Popular wisdom is an interesting thing–it tends to be based on observation rather than scientific testing. But, interestingly, in many cases, once experiments are run to test the truth of a particular hypothesis, it turns out to be true. Such is the case with the longstanding, but unsubstantiated belief that medical errors increase in July. […]
Illinois Court Considers Asbestos Claim Made by Spouse of Employee
Last year we wrote about an Illinois asbestos case that addressed the issue of whether an employer could be liable to the spouse of an employee who contracted mesothelioma cancer from asbestos found on the work clothes worn home by the employee. In Simpkins v. CSX Corp., No 5-07-0346, the Fifth District of the Appellate […]
Illinois Court on Whether Release of Liability is Enforceable
Everyone signs them–those release forms that are often required before participating in a race or other physical activity. But, does signing that release actually prevent you from bringing a personal injury lawsuit in Illinois if you are seriously injured? An Illinois court considered that very issue last month in Hellwig v. Special Events Management, No. […]