Personal Injury

Liability for a Dog Bite When a Child is in Charge of the Dog

July 9, 2024 | John J. Malm

Determining liability for dog bites claims can be complex, especially when a child is in charge of the dog at the time of the incident. In Illinois, the law provides clear guidelines to establish responsibility and ensure victims receive appropriate compensation. This article explores who can be held liable in such scenarios and the relevant legal principles that apply.

General Liability for Dog Bites in Illinois

Under Illinois law, dog owners are generally held strictly liable for injuries caused by their dogs, as stated in the Animal Control Act. This means that if a dog bites someone without provocation, the owner is responsible for the damages, regardless of whether the owner was negligent or knew of the dog’s propensity to bite.

Car Accidents in Illinois During Rainy Conditions: A Growing Concern

June 25, 2024 | John J. Malm

Rainy weather significantly impacts road safety, contributing to a considerable number of car accidents in Illinois each year. The combination of reduced visibility, slick roads, and driver error during rainfall creates a dangerous environment for motorists. Understanding the extent of this issue and the contributing factors can help in developing effective strategies to mitigate the risks associated with driving in wet conditions.

The Impact of Rain on Road Safety

Rainfall is a major factor in car accidents across the United States, and Illinois is no exception. According to the Federal Highway Administration, weather-related accidents account for nearly 21% of all vehicle crashes nationwide, with rain being responsible for 70% of these incidents. In Illinois, the statistics are equally alarming. The Illinois Department of Transportation (IDOT) reported that in 2022, there were over 16,000 weather-related car accidents, with rain being a significant contributing factor. Continue reading

The Hidden Dangers of Dog Parks: What You Need to Know

June 24, 2024 | John J. Malm

Dog parks are popular spots for pet owners to let their furry friends run free and socialize. They offer a space where dogs can play off-leash, exercise, and interact with other dogs. However, beneath the surface of this idyllic setting, there are hidden dangers that every pet owner should be aware of. At our Naperville personal injury law firm, we represent victims of dog bites and often see the aftermath of what can go wrong in these environments. This blog will explore the risks associated with dog parks and provide guidance on what to do if you’ve been bitten by a dog at a dog park. Continue reading

Understanding Motorcycle Licensing Requirements in Illinois: A Guide for Riders

June 21, 2024 | John J. Malm

Riding a motorcycle is an exhilarating way to travel, offering freedom and adventure on the open road. However, before you can enjoy the wind in your hair and the thrill of the ride in Illinois, it’s essential to understand the state’s motorcycle licensing requirements. As personal injury lawyers who represent clients severely injured in motorcycle collisions, we emphasize the importance of being well-informed and properly licensed to ensure safety and legal compliance. Below is a comprehensive guide to obtaining your motorcycle license in Illinois. Continue reading

Why are Deaths from Pedestrian Accidents in Illinois Increasing?

March 4, 2024 | John J. Malm

On Sunday, March 3, 2024, a pedestrian was fatally injured after being struck in a hit and run accident in Chicago. The police stated that a man was in the street when he was struck by a dark-colored SUV that continued driving westbound on Marquette Road in Chicago Lawn. Despite their vigilant investigation, police do not currently have anyone in custody.

On Sunday, February 25, 2024, an elderly couple were killed in the City of Chicago after being struck by a pickup truck while crossing the street to go to church. According to the police, the elderly couple was in the crosswalk when they were struck by a Ford F150 pickup truck. The pickup truck was seen on security video making a left before knocking the couple down to the ground while they were in the crosswalk. After the collision, the pedestrians were taken to local hospitals, where they later succumbed to their injuries. The pickup truck driver was given a citation for failure to yield to pedestrians in a crosswalk. Continue reading

Illinois Families May Now Recover Punitive Damages In Wrongful Death Act and Survival Act Claims

February 19, 2024 | John J. Malm

On August 11, 2023, Illinois Governor J.B. Pritzker signed House Bill 219 which amends both the Illinois Wrongful Death Act (740 ILCS 180) and The Probate Act of 1975 (755 ILCS 5/27-6) to allow for punitive damages in wrongful death and survival claims. Under Public Act 103-0514, punitive damages are now expressly allowed in wrongful death claims and survival claims. As noted in Public Act 103-0514 and the Wrongful Death Act, punitive damages still may not be claimed in certain types of claims, including medical malpractice claims, legal malpractice claims, and certain claims against state and local governments. Continue reading

Truck Steering Issue Recall 2024

February 12, 2024 | John J. Malm

Over 47,000 Kenworth and Peterbilt semi-trucks were recalled due to loss of steering control issues according to our Naperville, Illinois truck accident attorneys. According to Paccar, the steering assemblies may have been incorrectly assembled, with fewer recirculating balls than are required for the steering mechanism. Due to the missing recirculating balls, there is a chance that the semi-truck drivers affected may lose their ability to control steering and crash.

Vehicle recalls are common, and millions of recalls happen every year. In fact, in 2017, 42 million commercial and personal vehicles were recalled. According to the National Highway Traffic Safety Administration (NHTSA), a recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat, or tire creates an unreasonable safety risk or fails to meet minimum safety requirements. Manufacturers often recall vehicles prior to the NHTSA’s involvement because of the safety risks associated with the vehicle defects. Often, defective and incorrectly assembled products can cause serious injuries and may even result in a fatality.

Liability for Exploding Glass Shower Doors

February 20, 2023 | John J. Malm

Across the country, hundreds of people are getting injured as a result of glass shower doors shattering and exploding. According to the Consumer Product Safety Commission (CPSC), an average of 500 people are injured yearly as a result of being injured by a shattered glass shower door. During the time period of 2016 through 2020, the CPSC estimates that 4,900 people visited the emergency room due to an exploding glass shower door. The problem has been highlighted by the CPSC since 2016, when it requested that glass shower door manufacturers make their products safer.

Should I Hire An Attorney For My Personal Injury Claim?

January 13, 2023 | John J. Malm

After being injured in an accident, one of your first thoughts may be whether you should hire an attorney and when. If you are coping with the devastating effects of a serious personal injury or the tragic loss of a loved one, it is important to hire an attorney that possesses the necessary level of skill as a trial lawyer and who will devote his or her time, energy, and resources to resolve your injury claim. Hiring an attorney after your accident will allow you to focus on your health and recovery.

Research has shown that people who hire attorneys receive larger settlements than people who handle personal injury claims on their own. A study that was initially published by the Insurance Research Council in 1999 and has since been updated, found that accident victims who hired an attorney to help them pursue their claim received 40% more in settlement than accident victims who did not hire an attorney. A study published by the All-Industry Research Advisory Council likewise found that accident victims who retained an attorney received more in settlement ($1.59 per dollar of loss) as compared to accident victims who did not hie an attorney ($1.26 per dollar of loss). Continue reading

What Should I Do If I’ve Been Attacked By a Dog in Kane County?

December 9, 2022 | John J. Malm

According to the Centers for Disease Control and Prevention, approximately 4.5 million dog bites occur annually in the United States. Every year, the number of dog attacks increase. For example, between 1993 and 2008, there was an 86% increase in the number of dog bite hospitalizations. To combat the rise in dog attacks, cities and counties across the nation have enacted ordinances to protect individuals that have been attacked by dogs. These ordinances can provide information about what happens after you’ve been bitten or attacked by a dog.

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For instance, under Article 6 of the Kane County Animal Ordinance, the owner of a dog or other animal that attacks or injures any person without provocation is liable in damages to the injured person to for the full amount of the injury sustained.

The City of Aurora has enacted an ordinance about bites and attacks from vicious animals, specifically, about what happens to the animal after a bite or attack. Under the ordinance, any animal that bites or attacks a person, without provocation, will be declared a nuisance and may be impounded by the Animal Control Manager or Animal Control Office. The ordinance states that the Animal Control Manager may allow the owner to retain ownership but only with restrictions placed on the owner in writing. Restrictions include having a sign posted that the dog is dangerous, restrictions on taking the dog out of the home, requiring that the dog be spayed or neutered, and requirements that the dog owner carry homeowners insurance in excess of a certain amount.