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Illinois Appellate Court Affirms Summary Judgment of Contractor Injury Case
How does Illinois law treat a scenario involving injury to laborers working for an independent contractor? 


Construction accidents in Illinois often involve a number of parties, complex contractual applications, and a confounding determination of which party is actually at fault. As a foundational issue, there is a stark differentiation between an “employee” and an “independent contract,” the latter being truly that - independent. In other words, it is much easier for a worker classified as an employee to recover for injuries sustained on the work site than it is for an independent contractor (and its laborers) to receive compensation from the owner of the site. In sum, it depends on which entity actually exerted control and management of the project – as liability will generally fall on that party’s shoulders. 
Appellate court affirms summary judgment against demolition defendant

In a recent case out of Cook County, Illinois, two plaintiffs commenced a personal injury lawsuit for damages after the scaffolding they were working on collapsed, causing both men to fall over 20 feet to the ground below. At the time of the incident, the workers were employees of a
- See more at: http://ryanryanlanda.com/lawyer/2015/07/13/Personal-Injury-Negligence/Illinois-Appellate-Court-Affirms-Summary-Judgment-of-Contractor-Injury-Case_bl20238.htm#sthash.erCqKy4S.dpuf
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Concussion Injury Lawsuit Filed Against University of Illinois; Cites Improper Protocol
What are the civil ramifications for colleges and universities that fail to follow proper procedures when a concussion is suspected?

In recent years, the lifelong implications of an untreated concussion have received an unprecedented amount of attention. Until recently, concussions were relatively unheard of – and certainly did not necessarily require an athlete to leave the field or forgo practicing the next day. That is, however, until several veteran professional and collegiate athletes began to seek compensation for the permanent neurological damage that can occur if a concussion is left untreated or is aggravated by further immediate physical activity. 

In the wake of the concussion storm, groups like the NCAA and high school athletic associations implemented strict protocols that must
- See more at: http://ryanryanlanda.com/lawyer/2015/06/30/Personal-Injury-Negligence/Concussion-Injury-Lawsuit-Filed-Against-University-of-Illinois;-Cites-Improper-Protocol_bl19842.htm#sthash.QGvvGHUw.dpuf
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Chicago Man Files Lawsuit Against McDonald’s After Allegedly Choking on Bone Shards
Is it possible to file a personal injury lawsuit against a restaurant or food producer for injuries caused by its products? 


A Chicago man recently filed a personal injury lawsuit against the fast food chain McDonald’s after experiencing the effects of a “defective” chicken McNugget. The complainant, whose injuries are alleged to have occurred at the McDonald’s at 10 E. Chicago Ave, was taken by ambulance for treatment after ingesting a number of “bone shards” in the chicken meat and was subsequently treated for injuries to the mouth and throat. 

The complaint names both McDonald’s and its primary chicken supplier, Tyson Foods, as defendants in the lawsuit. According to the complaint, the plaintiff is seeking damages to redress his injuries caused by the “unreasonably dangerous product,” and has accused both companies of placing consumers at risk by manufacturing unsafe nuggets capable of “impaling and/or cutting the consumer in the mouth, tongue and/or throat, and potentially causing additional damage to the stomach, digestive tract and intestines of the consumer.”
How common are food-related lawsuits? 

While the underlying facts of this case may seem unbelievable, food injuries are implicated in personal injury lawsuits on a fairly regular basis. For instance, food poisoning caused by
- See more at: http://ryanryanlanda.com/lawyer/2015/06/17/Personal-Injury-Negligence/Chicago-Man-Files-Lawsuit-Against-McDonald%E2%80%99s-After-Allegedly-Choking-on-Bone-Shards_bl19536.htm#sthash.jNBHzyFv.dpuf
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Chicago Woman Awarded $14 Million Following Botched Surgery Resulting in Brain Damage
How are damages typically calculated in a medical malpractice case? 


Medical malpractice claims often appear to be among the most lucrative of personal injury cases. However, these high-dollar verdicts are quite often deceiving, as juries are routinely tasked with compensating the victim for his or her entire life, including the costs of lifelong medical care, lost wages, lost opportunities, and a reduced quality of life. 

In one recent case, an Indiana woman was awarded $14 million by a Chicago jury after a lengthy trial involving allegations of severely-botched medical procedures, resulting in lifelong brain damage for the 56-year old victim. According to the lawsuit filed against both the Advocate Good Samaritan hospital – located in Downers Grove, Illinois – and her physicians individually, the victim underwent a bariatric surgery resulting in permanent brain damage, conclusively due to the negligence of both doctors involved. 

In 2010, the patient sought the medical counsel of both doctors for the treatment of obesity. Accordingly, she was scheduled for a gastric bypass procedure wherein a portion of the stomach is restricted to decrease the amount of food the patient can consume. Knowing she was taking a blood thinning medication, the doctors ordered an anti-coagulant (or so they thought) to be administered prior to the procedure. In fact, the doctors negligently ordered the wrong medication and the patient suffered extensive internal bleeding, causing her to permanently lose mental cognition. 

While the hospital settled with the woman privately for
- See more at: http://ryanryanlanda.com/lawyer/2015/06/15/Medical-Malpractice/Chicago-Woman-Awarded-$14-Million-Following-Botched-Surgery-Resulting-in-Brain-Damage_bl19535.htm#sthash.0dfSeESB.dpuf
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Building Code Violations Not Related To Man’s Death
Is a business liable for personal injuries occurring on its property?

The Chicago Fire Department is investigating the Aragon Ballroom after a man fatally fell from the ballroom’s catwalk. This investigation is in conjunction with the Chicago Fire Department’s Fire Prevention Bureau activities from the day after the incident.

The Chicago Department of Buildings previously determined the man’s death was not a result of any building code violations. An inspection from December 2014 showed the building had three minor code violations but none were related to the catwalk.

The man and a few of his friends were attending a concert

- See more at: http://ryanryanlanda.com/lawyer/2015/06/12/Personal-Injury-Negligence/Building-Code-Violations-Not-Related-To-Man%E2%80%99s-Death_bl19503.htm#sthash.ThoykjdX.dpuf
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Illinois Supreme Court to Insurance Companies: Get it right, or face the consequences!
I’ve been battling with my insurance carrier for months, and I believe there was a mistake in the preparation of my policy. Can I hold my insurance provider liable?

Rest assured, insurance companies will jump on any opportunity to avoid liability or rely on the language of an exclusion to deny a claim. But how does the law treat the insurer when the shoe is on the other foot? As in, the insurer made a mistake or committed an error in preparing a policy or handling a claim? According to the Illinois Supreme Court, insurers are now under the same duty of care, caution, and reasonableness applied in any personal injury or negligence action – which should help avoid some of the difficult scenarios faced by policyholders when the insurance company itself makes a mistake. 

In Skaperdas v. Country Cas. Ins. Co., an insured motorist met with his insurance agent in order to add his fiancé’ to his policy. The agent agreed to add her, and drew up a new policy. Shortly thereafter, the fiancé’s minor child was struck by an underinsured motorist while riding his bicycle. The motorist offered only $25,000 in bodily injury coverage, and the fiancé’ made a claim under her new policy’s underinsured motorist coverage. A problem arose when it was discovered that the insurance agent forgot to actually add her name to the policy, resulting in a denial of coverage. 

The couple proceeded to sue the company, alleging that it

- See more at: http://ryanryanlanda.com/lawyer/2015/05/22/Motor-Vehicle-Accidents/Illinois-Supreme-Court-to-Insurance-Companies-Get-it-right,-or-face-the-consequences!-_bl19104.htm#sthash.Bv3bidir.dpuf
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Family Awarded $10.75 million in Product Liability Action Against Manufacturer of Sealant
I was recently injured by a caustic household cleaning product. Could I possibly recover against the manufacturer? 


Product liability actions are a sub-sect of negligence and personal injury law specifically focused on injuries occurring due to consumer goods. This can include household appliances, chemicals or medication – and successful cases often result in sizable settlements or verdicts in favor of the victim. 

In one recent story out of Chicago, a suburban homeowner was awarded nearly $11 million by a jury following his lawsuit against the makers of Crystal Clear VOC, a highly-flammable concrete sealant. The product was apparently intended for use only outdoors, however its packaging did not come with any sort of label or warning stating as such. Consequently, the victim was severely burned across most of his body. Sadly, the victim permanently lost the use of his hands, and is not able to feed or care for himself without assistance. 

According to the facts of the case, the victim was using the sealant on his basement floors when the toxic vapors wafted over to the vicinity of the water heater. In an instant, an explosion ensued and the victim was immediately engulfed in flames. He has been forced to endure countless surgeries and skin grafts to treat the massive burns sustained. 

After nearly five years of legal wrangling, the makers of Crystal Clear VOC
- See more at: http://ryanryanlanda.com/lawyer/2015/05/21/Personal-Injury-Negligence/Family-Awarded-%2410.75-million-in-Product-Liability-Action-Against-Manufacturer-of-Sealant-_bl19103.htm#sthash.3l7xzi91.dpuf
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Nursing Home Abuse & Negligence in Illinois: What You Need to Know
How prevalent is nursing home negligence in Illinois? And what signs should I look for? 

Nursing home abuse and neglect is sadly emerging as one of the more common personal injury scenarios in the United States. Unfortunately, experts believe that the phenomenon may be even more prevalent than is actually reported – as many victims are simply too frightened or unsure of the scenario to alert authorities or their family members. 

In Oak Forest, Illinois, the surviving family members of an alleged victim of nursing home abuse filed a wrongful death action against Symphony of Crestwood, a nursing home located in Crestwood, Illinois. According to allegations, the victim – a 53 year-old woman suffering from extreme multiple sclerosis – was left untended to, resulting in falls, bedsores, and immobility. Due to her physical limitations, she was administered a feeding tube for nutrition. In the spring of 2013, her feeding tube became dislodged – at which point staff reinserted the tube without the use of medical imaging. As a result, the survivors allege, the feeding tube was improperly placed and liquid nutrition spread throughout her body – killing her 11 days later. 

In March, 2015, three suspicious deaths occurred at

- See more at: http://ryanryanlanda.com/lawyer/2015/05/20/Nursing-Home/Nursing-Home-Abuse--Negligence-in-Illinois-What-You-Need-to-Know_bl19102.htm#sthash.R2zZIi48.dpuf
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Tractor Trailer Accidents in Illinois
Can Truck Accident Victims Sue for Negligence When Truck Drivers Fail to Follow Safety Mandates?

When a car, pick up or SUV driver hits the road, ensuring that he or she is well rested before getting behind the wheel is common sense. When a semi truck driver hits the road, being well rested is the law.

Yet, each year, thousands of commercial truck drivers who are involved in truck accidents are charged with failing to obtain adequate sleep prior to operating their rigs. In some cases, drivers even face charges of falsifying drivers’ logs and destroying receipt evidence to hide their lack of compliance with safety regulations. In rare instances, drivers will even admit to regular “cheating” with regard to laws governing rest-to-drive ratios. Such was the case in a recent, fatal truck collision occurring on I-88 near Aurora.

On the evening of January 27, 2014, Hanover Park resident and

- See more at: http://ryanryanlanda.com/lawyer/2015/03/16/Personal-Injury-Negligence/Tractor-Trailer-Accidents-in-Illinois_bl18048.htm#sthash.uFVnv7G6.dpuf
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Utilizing Video Cameras to Check for Nursing Home Abuse
Is There Any Way to Monitor What Goes on in a Nursing Home?

Due to the widespread neglect and abuse of nursing home residents, more and more families are demanding a way to monitor the safety and care of their loved ones. One way this monitoring might take place is through Internet-connected cameras. A bill supported by Illinois Attorney General Lisa Madigan and sponsored by Rep. Greg Harris of Chicago was introduced in February and would allow that to happen under certain circumstances.

Camera monitoring would be permitted in nursing homes in Illinois if residents want the cameras and can pay for them under the bill. Under the proposal,

- See more at: http://ryanryanlanda.com/lawyer/2015/03/05/Nursing-Home/Utilizing-Video-Cameras-to-Check-for-Nursing-Home-Abuse_bl17936.htm#sthash.OX9wg14s.dpuf
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