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 “tender age doctrine.” Children between the ages of 7 through 14 can be contributory negligent depending on their age, capacity, intelligence and experience.

WORKING ON A BOAT: AM I PROTECTED UNDER ILLINOIS LAW?

The Longshore and Harbor Workers’ Compensation Act, (33 U.S.C.S. § 901 et seq,. is a federal law that protects and provides benefits for those injured while working on “navigable waters” and those engaged in a “traditional maritime activity.”

What Regulates Gluten-Free Labeling?

During the past decade gluten-free has become a $2.6 billion dollar industry. The problem is that many of the products that are labeled gluten-free vary greatly with the amount of gluten actually present. The 2004 Food Allergen Labeling and Consumer Protection Act mandated that the agency designate a federal standard for the term by 2008. […]

US Supreme Court On Railroad’s Liability for Injury

To what extent is a railroad carrier liable under the Federal Employers’ Liability Act (FELA) to an employee injured while at work? The Supreme Court of the United States considered this very issue in a recent case that arose in Illinois, CSX Transportation Inc. v. McBride, No. 10-235. McBride was a locomotive engineer for CSX […]

Expiration Dates On Vouchers

The social-buying category is extremely popular with consumers; companies like Groupon and LivingSocial offer huge discounts – usually 50-90% off – from local businesses. The magic of this category is that the companies buy bulk discounts for the consumer, and you, as the consumer, purchase a voucher, better known as a gift card.

Seasonal Jobs and Workers’ Compensation

With the warm weather and summer approaching, there will be many seasonal jobs springing up. The question that can arise is can you be compensated by Workers’ Compensation if you are injured on the job as a seasonal worker whose average weekly wage is different from full-time workers who are not considered seasonal employees?

Work Place Fights Are A Common Occurrence

Work place fights are a common occurrence. The question that commonly comes up is whether or not you can receive workers’ compensation for injuries sustained in a fight at the workplace. There is no simple answer as each claim has its own particular facts such as was there neglect by the employer, or a hostile work environment. All of the answers to these questions are taken into account when assessing this type of claim.

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Illinois Supreme Court Changes Rules Regarding Medical Liens

At the end of March, the Illinois Supreme Court handed down an important decision that dramatically changed the way that health care liens are handled in personal injury cases. Before Wendling v. Southern Illinois Hospital Services, Docket Nos. 110199, 110200 cons., the “common fund doctrine” applied to medical providers. Under this doctrine, medical providers were […]

Graduation Parties And Supplying Alcohol To Minors

With spring approaching so is graduation season and with it graduation parties. Many people wonder about their responsibility and liability when they serve alcohol in their homes for a graduation party where minors and young adults are attending. The State of Illinois considers a host of the party to be a Social Host or those who supply alcohol gratuitously or out of courtesy or politeness.

Legal TV Shows Make The Law Look Romantic

Several years ago the American Bar Association Journal ran a contest to name the 25 Greatest Legal TV Shows. Recently television show creator David E. Kelley talked about the public’s love affair with legal shows including his recently launched show Harry’s Law as well as his other law inspired shows Boston Legal and Ally McBeal.