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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100
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IL accidnet lawyerAs winter approaches, and the precipitation changes from liquid to frozen with the dropping temperatures, the risk of falling and sustaining an injury greatly increases. The seasonal dangers caused by the presence of ice and snow are well known to those who live in northern climates, but this fact does not mean all snow and ice-related injuries are mere accidents with no responsible party to place blame. The injuries resulting from these falls can be significant, some requiring surgery, and a personal injury attorney should be contacted if a fall that requires medical treatment occurs. Property owners do have an obligation to keep the premises safe for others, but the law on recovery for injuries related to snow and ice falls in Illinois is complex, and blocks many cases from proceeding.

An example of how serious these falls can be is illustrated in the case of a Greenwich, Connecticut, woman who sustained permanent injuries, including memory loss and a concussion, after falling on snow and ice in the town square. This type of dangerous accumulation is seen in numerous places over the course of a winter season, and understanding what property owners are generally obligated to do to protect third parties on the premises, as well as how courts view liability for falls from snow and ice, is essential information for slip and fall victims.

Duty of Property Owners Generally

Visitors and guests on another person’s or entity’s property are expected to be kept free from foreseeable danger and unreasonable harm. The person or business in actual possession and control of the premises is obligated under the law to exercise reasonable care to maintain the property in a safe condition or face liability if that duty is breached and someone is injured.

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IL crash lawyerCar accidents are traumatic events that can shake even the most stoic individual in the right circumstances. The violence of the impact, the shock of hitting a solid object, and the injuries that follow in many collisions, can greatly upend the accident victims’ lives and those of their families.

Serious injury can turn to tragedy when a car accident victim does not survive, and the loved ones are left to pick up the pieces as well as they can. Such a loss can be almost impossible to bear, and looking to hold someone accountable for this preventable death is a common sentiment. Assuming the other driver is equally or more at fault, the family may be able to recover monetary compensation under a wrongful death claim. Essentially, these lawsuits allow the family to stand in the place of the deceased in situations where the negligent or wrongful acts of another party caused the death. Wrongful death brings in additional elements that are not necessary for ordinary negligence cases, and a discussion of rules that govern how these cases proceed and the types of damages survivors may recover will follow below.

Who Can File a Wrongful Death Action?

As noted, wrongful death suits serve to allow family members to recover for a death caused by the negligent actions of another, while also allowing additional types of damages not otherwise available. Thus, the deceased must have had a right to file a lawsuit based upon the underlying act that spurred the case. Because the goal of wrongful death suits is to account for the losses both to the victim and the family, the deceased’s estate is the only individual authorized to take this legal action. The named personal representative, or the one appointed by the court, would have this ability, along with other matters related to the estate.

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IL crash lawyerFor thousands of years, the only way to move around was by foot or through animal power. Now, with a few presses on a smartphone using a rideshare app, an individual can call a driver to take him/her anywhere. This convenience has revolutionized the way many people conduct their lives, but cannot remove the inherent risk that comes with traveling in a vehicle on a roadway, nor the risk of being in a car accident.

Driving is not an easy task and requires practice, skill, and awareness to avoid making bad decisions that can lead to collisions. Common sense would dictate that if a rideshare driver was at fault for an injury, the injured rider and other crash victims would seek compensation from rideshare company, as the entity who represented the driver was safe to transport passengers.

However, because of the way rideshare companies are structured, answering the question of who is legally responsible is difficult. Given the widespread use of rideshare drivers, understanding one’s legal rights in a car accident for recovery is vital, and an overview of how Illinois handles this issue will follow below.

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IL injury lawyerSafely and responsibly driving a car requires both skill and concentration. Skill is obtained with practice, but concentration often hinges of the level of alertness of the driver. Lacking either skill or concentration can result in a serious car accident that causes significant injuries. Appropriate concentration allows a driver to perceive, anticipate, and respond to hazards and other dangers on the road that could impact safe driving, and the absence of concentration is known to greatly increase the risk a driver will miss a key issue or make a bad decision. Distractions are one way in which drivers lose this attention to the road, but another one that is harder to control, and likely an issue for every driver at some point, is fatigue. Fatigue can hit a driver at any point during the day, but is most prevalent at night, when more concentration is required to make up for the lack of visibility on darkened roads.

Fatigue can cause a driver to lose control, crossover into traffic, or hit parked cars, a situation that was tragically played out in southern Illinois when a tired Tennessee man left the road and overcorrected. His actions caused the car to hit a guardrail, injuring one passenger and killing another. Everyone is potentially at risk for driving in this situation, and understanding what the effects of fatigue are, as well as the legal consequences if an injury occurs, is important information for all drivers.

The Effect of Fatigue on Driving

Everyone knows what it feels like to be extremely tired, and many people know what the experience of intoxication is. Depending on how much time has elapsed since the driver last slept, extreme fatigue can produce the same behavior observed in drivers with 0.08 blood alcohol levels, the amount legally considered drunk driving. Any notable level of fatigue will slow reaction times and impair a driver’s ability to process information. Further, fatigued drivers may not be aware of how tired they really are, and engage in microbursts of sleep, lasting four to five seconds, that can easily lead to serious accidents.

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 IL injury lawyerAnyone who has spent time in retail stores has seen the telltale signs that an accident happened, which is usually identified by the presence of a warning sign, orange cones, and/or ropes to cordon off an area. Often, these accidents are the result of some liquid spilling onto the floor, creating a slip and fall hazard that could endanger the safety of customers. By marking the area off, and taking steps to clean up the spill, the operators are acting responsibly and fulfilling their duty of care to keep the area open to the public free from dangerous hazards. Unfortunately, this level of attention and precaution is not employed at every store, and the result can be injured customers who slip and fall on substances present on the floor.

A woman recently sued Dollar Tree Stores Inc. after slipping and falling on a liquid substance left on the floor of an aisle during a visit to a Joliet location in April. Falling on a foreign substance while visiting a retail establishment is an all too familiar occurrence, and these companies need to be held accountable if negligence was involved. Premises liability law determines if a store owner/operator is responsible for an injury to a third party, and when it comes to a foreign substance on the floor, several factors influence whether a business may be found liable to pay compensation. An overview of how the law evaluates slip and fall cases involving foreign substances will follow below.

Premises Liability Law

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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