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Peoria Illinois Personal Injury Law Blog

Contributory negligence in slip and fall cases

Personal injury claims are a necessary component of the civil legal system because they allow individuals who have been harmed by the negligence and recklessness of others to recover the losses that they have endured. Illinois victims of slip and fall accidents may use personal injury theories of law to sue for their losses and recover the damages that they need to become whole in the wake of their accidents. While some victims may be able to pursue their claims without any serious hurdles, some face claims of contributory negligence from the parties that they have sued.

Slip and fall accident victims generally sue the property owners of the properties where they suffered their incidents. These property owners have a duty to provide their guests and invitees with safe accommodations and to remedy any foreseeable risks that those individuals may encounter. If a property owner takes reasonable precautions and a person is still harmed on their property, they may claim that the victim caused their own damages.

What is the going and coming rule for a workers' comp claim?

Depending on where an Illinois resident lives they may have a significant workday commute. Individuals who live near their places of enjoyment may not understand the grind that many individuals take on just to get from their homes to their offices each and every day. Depending on factors like distance, weather, and traffic, it can take a Peoria resident hours each day just to get to where they are employed to do their job.

Most individuals are not compensated for their commutes which mean that they must do their drives on their own time and on their own dime. As such, most drivers may not file for workers' compensation benefits when they are injured in the process of driving to or home from their jobs. Unless commuting is a job responsibility of a person's employment they will likely not be able to seek benefits for injuries sustained during such times.

The role of the reasonable person in an auto accident case

When a person reacts in a dramatic or overly responsive way, they may be counseled to act reasonably so that they can appropriately reflect on the problem or situation that has confronted them. An unreasonable person may exhibit a lack of control over themselves or a failure to take appropriate actions given the circumstances of their situation. Each day on Illinois roads, new auto accident victims are made when they encounter drivers who behave unreasonably.

In fact, the legal theory of negligence revolves around the concept of reasonableness and how a reasonable person would react if subjected to a set of particular conditions. Negligence occurs when a person fails to meet their standard of care to others, and that standard of care is generally dictated by how a reasonable person would behave. For example, a reasonable person would not use a cell phone while driving because it is a distraction, and therefore a driver who did use a cell phone and caused an accident may be found negligent of the harm inflicted on others.

Confronting emotional support animals in public spaces

Not long ago a national news story may have come to the attention of Peoria residents regarding serious injuries sustained by a 5-year-old girl. The child was at the airport with her mother and preparing for her flight when she was attacked by an emotional support dog being handled by another airport patron. The pit bull was not in a carrier per the regulations of the airport and was not properly managed by its handler.

As a result of the attack the child suffered serious injuries to her face and eye that required surgery. Her family is seeking more than $1 million on her behalf and has sued the airport and others for the damages that she suffered. They have claimed that the owner of the dog should have known that the animal was dangerous and that it should have been secured in accordance with the policies of the airport.

Head injuries impact you regardless of severity

Head injuries affect many people who have been involved in traffic collisions. There are a few reasons that they're common in those situations including the risk of hitting your head on the steering wheel, dashboard, windows and other objects in the vehicle.

There is also a risk of injury even if your head doesn't impact anything due to the force of the impact forcing your body forward and the belt holding you back. This results in your head and neck whipping forward and back, which can lead to whiplash and concussions from the brain impacting the inside of the skull.

Does the "one bite rule" apply in Illinois?

A dog bite or animal attack can be a serious and painful event for a Peoria resident. Even if their incident is relatively minor a person may end up visiting their doctor so they can be evaluated for illness or latent injuries. After experiencing such an incident, a victim may wonder what rights and options they have for being compensated for their losses.

Personal injury lawsuits based on dog bites and animal attacks are permissible in Illinois. These lawsuits may proceed on the state's strict liability rule for bites and attacks: victims do not have to prove negligence on the part of dog owners to prevail on their claims. To this end, the one bite rule does not apply.

Property owners may present defenses to slip and fall claims

Suffering a damaging slip and fall accident while out shopping or running errands can be painful for a victim in more ways than one. An Illinois resident who suffers injuries in such an event may be left bruised, battered, and distressed from lasting ailments that may affect all parts of their body. They may also incur significant medical bills as they work to improve their health and get back on their feet after their fall.

Victims of slip and fall accidents can often seek compensation for their losses through civil litigation. A victim who can prove their case and all of the elements of their legal claims may prevail and be awarded financial damages; many defendants, though, will do what they can to avoid this costly outcome.

Truck accident fatality leads to civil litigation

A head-on collision between a bus and a semi-truck claimed two lives in Illinois on an early December day in 2018. The driver of the truck and a passenger on the bus involved in the accident lost their lives, and other passengers on the bus suffered injuries that required medical attention. Just recently, the widow of the bus victim who died in the crash filed a lawsuit claiming losses for his wrongful death.

She alleges that the driver of the truck failed to use reasonable care in the operation of the truck, and as a result her lawsuit includes as defendants the owner of the truck and his trucking company. According to information released about the crash, the truck driver allowed his rig to cross the center line of the road and crash head-on with the bus.

What should a worker do after suffering an on-the-job injury?

Accidents happen everywhere, but when they occur at work individuals may have the right to recover compensation for their losses. In Illinois, hurt workers may be able to secure financial support through workers' compensation claims when their injuries are suffered while they are doing their jobs. This post offers some guidance on steps workers may want to take after getting hurt on-the-job but should not be substituted for individual legal guidance.

First, it is important that workers report their injuries to their bosses. If a worker does not report their harm, then their employer will not have notice of its occurrence. This can pose problems for a worker later on when they must explain when and where they were hurt. This may jeopardize one's ability to recover the compensation to which he or she may otherwise be entitled.

Reduce your chances of a car collision by avoiding these actions

Illinois motorists commit grave errors every day on the road. Fortunately, in the vast majority of cases, making a serious mistake doesn't result in a crash. However, when you commit errors and do dangerous things on the road again and again, eventually it could result in a catastrophic or fatal incident.

To help you stay safe and prevent injuries to you, your family and other people on the road, here's an important "Do Not Do" list:

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