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Posts tagged "liability"

Beyond Workers Compensation: Injured Workers and Personal Injury

If you’ve been injured at work, you likely know your best hope for winning workers’ compensation benefits is to hire an attorney. Your check-list for choosing legal representation is generally clear. You want a lawyer with extensive experience with your state’s laws, who has a proven track-record of success, and with whom you feel comfortable working. But for some injured workers, their needs may extend beyond just a workers’ compensation attorney. Some on-the-job injuries involving a third-party may actually also fall under the heading of “personal injury”. And for such workers, choosing an attorney who is experienced in practicing both areas of law is crucial to the success of their case.

Text Sender Included in Injury Liability

If there is one thing as common as the use of cell phones, it’s concerns about the safety of cell phones. We worry about the safety of our information on cell phones -- as they may get “smarter”, so do their hackers. Scientists even disagree about their effect on our health – maybe they cause cancer, maybe they don’t. But one thing we know for sure: cell phone use does and has led to an increase in traffic accidents and fatalities. This is why more and more states have enacted laws regarding cell use while operating a vehicle. Today, most are aware not only of the physical risks, but that we risk tickets, fines, and even jail time. There is little doubt that such a driver can also be held liable for any damages and injuries they cause. But in a recent surprising lawsuit, the question was raised, “Can the person on the other end of the line be held equally liable?”

Illinois Ruling Reduces Liability for Underage Drinking

Parents face a number of challenges in raising their children. Teenagers, in particular, seem to present a conundrum – raising them to be independent and self-sufficient, while also protecting them. For instance, allowing your teen to drive away on a weekend night to a party requires you to have faith he or she will make smart choices about dangerous situations like underage drinking. However, you can still make certain your teen is attending parties you deem safe and appropriate by knowing who your teen’s friends are, and by opening a line of communication with those friend’s parents. But what about when a person who should be your ally, another parent, steps over that line of trust by allowing underage drinking to take place at their home? You likely assume those parents can be held both criminally and civilly liable if the drinking they allow results in injury or death. But parents in Illinois may be shocked to learn that a recent ruling by the Illinois Supreme Court may actually protect certain parents who knowingly allow underage drinking in their home.

Homeowners Insurance and Personal Liability

An important part of home ownership is making sure you are protected by homeowners insurance. Devastating events like fires and floods are tragic enough without the prospect of not being able to replace your home or belongings. However, homeowners should be aware that insurance is not just a way to repair or replace their home in the event of damage or loss. A vital part of homeowners insurance provides coverage in the event someone is injured while on or by the owner’s property.

Understanding Liability in Food Poisoning Claims

In the wake of the massive egg recall that began earlier this month, the FDA has reported that more than a half-billion eggs have been recalled and destroyed which were linked to more than 1,000 cases of salmonella in the United States. Although officials have come out to state that this outbreak is under control, on what grounds are the farms liable for the damage caused by this ordeal? Let’s discuss three common legal arguments used when determining liability. Strict Product Liability- Food Poisoning cases are sometimes classified as defective product liability claims. The idea is that the consumer has purchased and/or consumed a product that contained a defect that directly resulted in illness. An example of a defective product that has been highlighted in the news has been baby strollers. Due to either missing or improperly secured components, certain brands of strollers were recalled after parents reported that their children sustained injuries while using the malfunctioning strollers. Many states have enacted strict product liability laws. In the case of the egg recall, the consumer does not have to prove that the producer of the product was negligent or not careful in the distribution of the eggs. All that is necessary is for the person to prove that the product they consumed was contaminated and their illness was a result of the contaminated product. As this outbreak began to unfold, the specific brands and item numbers of cartons were released. This information was invaluable as it gave the public an opportunity to easily identify which eggs were bad to prevent sickness as well as pinpoint the cause of illness among those already suffering from salmonella. Negligence-When basing a claim on negligence, a consumer must prove that somehow the producer of the product did not exercise reasonable methods of safety when processing or preparing the product. Did the restaurant chef prepare your meal in an improperly sanitized kitchen area? Was a product not stored at the correct temperature resulting in a food borne illness that could have been avoided? These questions are really questions of negligence that must be asked in determining liability. Product Guarantees-Many companies make claims about their products that support how safe it is for you-the consumer to use them. Some companies may state that their products are never in contact with infectious agents or that they follow a strict set of guidelines for processing a product to make it safe to consume. In situations where the company may have fallen short on their claims of safety, this may be a reason for a viable lawsuit. Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation lawyer that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.
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