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 […]

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. […]

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 […]

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. […]

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.”

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. […]

Illinois law already requires all front seat passengers and “children” under age 19 to wear seat belts. The new law requires any person, child or adult, riding in the backseat to buckle up.

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 […]

In a recent case, the Appellate Court of Illinois, First District, was asked to overturn a jury trial verdict in favor of a teenager who was severely injured when attempting to jump onto a freight train that was traveling 9-10 miles per hour. The train ran over his foot, injuring it so badly that it […]