Chicago Personal Injury Lawyer Blog

Cop Kills Pit Bull That Attacked Two in Chicago

Sat, 18 May 2013 10:16:53 -0600

A loose pit bull in the Englewood neighborhood of Chicago attacked a 63-year-old man in the area of 59th Street and Eggleston Avenue Wednesday morning. The man reportedly sustained several puncture wounds and needed medical treatment at Christ Hospital, where he was expected to recover.

Onlookers called police for assistance when they saw the man being attacked by the dog. Before the officer arrived, the dog switched targets to a nearby 16-year-old sophomore who was walking to Urban Prep Academy, his high school. The dog bit the teenager in several spots including his right leg and foot. The officer yelled at the dog to get its attention, and when that failed, fired a shot at the pit bull.

The pit bull responded to the gun shot by running at the officer, who again fired at the dog, this time hitting and killing it. The officer helped get the teenager medical treatment at St. Bernard Hospital and Health Care Center where the teen received stitches and was later discharged.

While the sergeant was not injured by the dog today, he did respond to a call last week involving a different attacking dog and the sergeant was bitten in that incident.

Animal attack lawyers at Abels & Annes, P.C. filed a lawsuit this year in a very similar case. Our client was severely attacked by two pit bills on the South Side in 2012. He was saved when Chicago police arrived and shot & killed one of the dogs. The other was euthanized.

Our client sustained awful lacerations, underwent multiple surgeries and incurred hundreds of thousands of dollars in medical bills. His arms have significant permanent scarring due to the attack.

Illinois law holds an owner, harborer, or one in possession of a dog liable for any injuries the dog causes to another person. This includes medical bills incurred as a result of a dog attack or other damages you may incur. Any dog can turn vicious and attack but some breeds are more likely to cause injuries. Pit bulls, dobermans, and rottweilers often cause serious or fatal injuries due to their muscular builds and strong jaws. Attacks against children can be particularly violent since children are less able to defend themselves against a strong and determined dog that is set on attacking.

Worker Killed at Northwestern University Construction Site

Fri, 17 May 2013 14:17:37 -0600

A 56-year-old man who was injured at a Northwestern University construction site on Thursday has died due to his injuries and police have launched an investigation.

The man was working at an Evanston site when he was struck by a 16 foot long beam weighing 70 pounds, according to police. Early reports indicate that another worker maneuvering a crane struck the beam unintentionally with the crane, causing the beam to fall six stories. The victim was struck in the head and chest and was taken to NorthShore University Hospital where he succumbed to his injuries early Thursday morning.

The incident did not result in any other injuries but did cause work to be halted for an investigation. The Occupational Safety Health Administration ("OSHA") has announced that it will conduct its own investigation into the facility and the incident that cost this worker his life.

OSHA, a division of the United States Department of Labor, is designed to prevent workers from being injured or killed while on the job and does this by requiring employers to provide safe working environments. While most employees nationwide are covered by OSHA protocols, construction workers and construction sites have a separate and specific set of requirements that OSHA imposes. They require a working environment that does not pose a serious threat of harm as well as the presence of safety equipment and proper training and instruction of employees.

The law in Illinois provides that workers who are injured on the job, regardless of who is at fault, are entitled to certain benefits, including access to medical care and treatment, disability pay, and payment for any injuries sustained. Many employees believe that they do not have a case if they are responsible for their injuries but this is not a correct belief. Since the law is complicated but allows for a recovery in most situations, it is important that any injured employee speak with a knowledgeable personal injury attorney at soon as possible after an accident.

It is also important to note that work place accidents happen every day in all types of work environments. Injuries happen at sites with physical requirements, like lifting, bending, carrying, and moving products, but they also occur in more mundane environments, including an office. The nature of your job or the type of environment you work in does not determine whether or not you have a claim when you are injured.

When a law firm gets involved in this tragic case, they will thoroughly investigate whether there is a potential third-party lawsuit on behalf of the victim and his family. They look to see if any independent party (outside of the employer) committed any negligent act or acts that contributed to this accident.

Chicago Driver Hits and Kills Bicyclist

Wed, 15 May 2013 09:45:04 -0600

A Chicago driver was traveling in the 7800 block of West Irving Park Road late Tuesday night when the driver struck an elderly bicyclist, killing him. The cyclist, an 83-year-old Chicago resident, was taken to Advocate Lutheran General Hospital where he was later pronounced dead.

Both the driver and the cyclist were reportedly riding westbound on Irving Park when a collision occurred in the Dunning neighborhood. It is not clear exactly how the two collided but police have placed the driver of the car at fault and stated that the driver has been cited for failure to reduce speed to avoid a collision.

The area where this collision occurred is often traveled by bicyclists who are allowed to ride in the street with motorized vehicles. The road does not have a designated bicycle lane and therefore bicyclists are required to ride with other traffic, sharing the same lane and obeying the same traffic laws. The block of West Irving Park also has street parking in some areas which can make the lanes more narrow for both bicyclists and motorists as they travel.

This collision occurred at approximately 9:10 p.m. when darkness had set in the city. There is street lighting that lines much of the eastern side of the road but it is not as prevalent on the western side, meaning that the combination of the nighttime darkness and sparse use of artificial lighting should have put the driver on heightened alert to the presence of bicyclists. It does not appear that that was the case, unfortunately.

In 2011, there were 3,107 bicycle collisions in Illinois resulting in 2,912 injuries and 27 fatalities. Of those crashes, 469 occurred during darkness hours on roads with artificial illumination, meaning that this type of collision is all too common - more than one a day, every day, for the entire year.

The elderly are less likely to be involved in bicycle accidents because there are fewer elderly riders than there are younger riders. However when older individuals are struck while riding a bike, the injuries are often severe or fatal due to the vulnerable nature of the cyclist.

Wrongful Death of Illinois Student Killed During Hazing

Tue, 14 May 2013 11:55:22 -0600

A nineteen-year-old freshman at Northern Illinois University died last fall after a Pi Kappa Alpha pledge party. He and other pledges were quizzed about fraternity history and told to drink plastic cups of liquor. By ten p.m. some had consumed around 20 drinks. The nineteen-year-old student’s family claimed that the fraternity members made him consume a dangerous amount of alcohol while hazing him and then did not help him when he passed out. Like many other states, Illinois has strict anti-hazing laws. Across the nation, more than 1,800 college-age students (ages 18 to 24) die every year because of an alcohol-related event.

Found dead at the frat house the following morning, the nineteen-year-old student’s cause of death was a fatal heart arrhythmia caused by alcohol intoxication. The coroner said that his blood alcohol level was more than four times the legal driving limit at 0.351. Earlier in the evening, his blood alcohol level would have been 0.431.

High Misdiagnosis Rates Afflict Illinois and the Nation

Sun, 12 May 2013 11:29:49 -0600

We know that misdiagnosis occurs in family practice offices in Illinois, but before this year there were no comprehensive studies done to determine how often misdiagnosis occurs in a typical family practice in the United States. Recently an article was published in JAMA Internal Medicine revealing that in 190 cases in a family practice setting, a total of 68 unique diagnoses were missed.

In the study, researchers reviewed medical records of 190 occasions of diagnostic error. These were errors that happened between October 1, 2006-September 30, 2007. They were detected in two settings. The first setting was a large urban Veteran Affairs facility with 35 primary care providers. The second setting was a large private health care system with thirty-four family medicine primary care providers. The goal of the study was to determine what potential contributory factors can lead to misdiagnosis.

Researchers found that pneumonia, decompensated congestive heart failure, acute renal failure, cancer, and urinary tract infections were the most commonly missed diagnoses. Just under 79% of the misdiagnoses were related to “process breakdowns” in the encounter between patient and practitioner in the clinical setting, meaning there were many communications breakdowns. In 80% of the missed diagnoses, the doctors involved did not consider all possibilities and prioritize them appropriately, thereby missing the correct diagnosis.

Researchers Create Program That May Aid Doctors in Diagnosing Concussions in Chicago and Nationwide

Thu, 09 May 2013 12:22:41 -0600

Following the tragic suicide of a number of famous former professional football players, traumatic brain injuries have been increasingly making headlines in Chicago and elsewhere. As many as 3.8 million brain injuries are reportedly caused by playing sports every year across the United States. In addition, an estimated 300,000 victims are young athletes who are not playing the sport in a professional capacity.

A head injury may cause short or long-term loss of memory, headaches, loss of brain function, depression, and other symptoms. Too often, the symptoms associated with a traumatic brain injury are not easy to recognize. In response, a team of researchers from the Notre Dame University’s Computer Science and Engineering Department have reportedly developed a new technology designed to aid doctors in determining whether an injured athlete or other individual has sustained a concussion. The program is allegedly capable of analyzing speech patterns to determine in real time whether the speaker likely sustained a head injury. It is also designed to be used on a small, easy to transport computer tablet or smartphone so results can be obtained anywhere.

According to one of the technology’s creators, Professor Christian Poellabauer, nearly 90 percent of concussions go undiagnosed. He stated the portable technology has the ability to transform health care and may potentially reduce the overall impact of head injuries. Although the program may make the diagnosis of concussions easier in the future, the new technology is now being tested further with the assistance of James Moriarity, Notre Dame’s Chief Sports Medicine Physician.

Many high school athletes in Illinois and elsewhere suffer dangerous head injuries every year. Since 2011, all school boards in our state are required to adopt a concussion policy that complies with Illinois High School Association (IHSA) guidelines. In addition, the IHSA must provide all Illinois school districts with educational materials regarding the risks associated with concussions and other head injuries in children. Each school board’s current head injury policy must be provided in writing to student athletes prior to any participation in a school sporting event. This notice must also be signed by both parents and the athlete.

Sadly, a seemingly mild concussion may cause devastating and lifelong injuries for your son or daughter. Traumatic brain injuries in children are often caused by unexpected accidents as well as participation in sporting events. The victim of a brain injury may be eligible to receive compensation for any resulting disability, their medical costs, pain and suffering, and other damages. If your minor child suffered a preventable concussion or other head injury, you are advised to discuss your rights with a quality personal injury lawyer.

Chicago Critical Mass Bike Ride Hits the Streets

Mon, 06 May 2013 08:12:33 -0600

What is Critical Mass in Chicago, and why is it cool?

Critical Mass, a worldwide movement to encourage bicycling for fun and transportation, takes place on the last Friday of every month. With warmer temperatures finally arriving in the city, Critical Mass is likely to involve thousands of cyclists every month, yet still many in Chicago do not have an understanding of what Critical Mass is and what it means for non-bicycling commuters.

Critical Mass began in San Francisco in 1992. Since then, cyclists in cities across the globe have embraced the principles of Critical Mass and initiated their own rides. It derives its name from a practice in China where bicyclists wait to cross an intersection until there are enough of them to form a "critical mass," creating safety in numbers as the bicyclists cross.

There is no set leadership or organization to Chicago's Critical Mass. Anyone who wants to ride and participate is welcome to do so and the riders vote on designated paths to travel. The riders have met at Daley Plaza since 1997 and continue to meet there at 5:30 pm on the last Friday of every month where the riders take to the street and usually ride for three or four hours before disbanding.

I happen to be bicycle accident attorney, and my office overlooks Daley Plaza, so I love it. Once a month I sit there and watch literally thousands of bicyclists form a mass across the street from my office. I have never ridden in it, but I do on occasion go outside and take photos and video. It is really fun to watch.

Critical Mass is an opportunity for bike riders in the city to claim their right to ride in the streets in numbers too large to be ignored. The group attempts to stay together as much as possible because the large size means that motorists are less likely to attempt to weave in and out of the group as might happen with a smaller number of riders, making the event safer for all involved. Occasionally city police officers have been known to ride along with the group which has also increased safety.

Critical Mass claims to have no political association or statement to make; the riders are out simply to ride and promote bicycling as a means of transportation. All types of bikes can be seen as well as the occasional skateboarder and rollerblader but forms of motorized transportation, including motorized bikes and Segways, are discouraged.

Drivers, pedestrians, and unaffiliated cyclists might experience some delays if Critical Mass crosses their path on a Friday evening. The massers travel at five to 10 miles per hour, which is slow enough to bother some drivers. The sheer size of the group means that some intersections can be blocked for extended lengths of time and might force others to find an alternate route to their destination. If you come across a Critical Mass ride, you are encouraged to remain patient while the cyclists pass and only proceed when it is safe to do so. This will help prevent many accidents and near misses and keep everyone safe.

Demolition of Asbestos-Contaminated Buildings in Illinois Can Lead to Injury

Fri, 03 May 2013 17:53:23 -0600

According to the Associated Press, the Illinois Environmental Protection Agency recently announced that it has asked a court to enjoin Zidan Management Group and Dubai Construction from conducting demolition of a nine-story building in Chicago’s North Side. Once a mental hospital and hotel, the building was constructed in 1923, a time when asbestos use was very common in construction. According to the EPA, inspectors and the city discovered that Zidan and Dubai did not inspect, or handle and remove, the asbestos appropriately, resulting in high levels of asbestos contamination.

Asbestos is a mineral fiber that is used in certain products, including building materials, in order to create resistance to heat or corrosion. A few common places where it is located in some older homes are artificial ashes and embers, certain roofing and siding shingles, the floors around wood-burning stoves, plus hot water and steam pipes. Workers may be exposed to asbestos while constructing, renovating or demolishing a home or other building.

Biker Hits Two Cyclists, Causes Violent Collision

Thu, 02 May 2013 13:45:24 -0600

A motorcyclist struck two bicyclists on Saturday as he rounded a semi-blind highway corner in California, and a viral YouTube video of the crash shows just how violent these collisions can be.

The video depicts a motorcyclist rounding a corner and coming upon two bicyclists riding in his same direction. The motorcyclist is unable to avoid the collision, rear-ends the first cyclist, and then continues forward and hits the second cyclist. The first cyclist hit flies over the motorcyclist and lands on his back, striking his head on the ground.

The collision took place along Mulholland Highway, a scenic two-lane highway originally constructed to connect the city of Los Angeles to the ocean. The area is very popular with motorcyclists and bicyclists alike because of the scenic views through the Santa Monica Mountains as well as the twists and turns that can make riding the area both challenging and entertaining. Local laws allow motorcyclists and bicyclists to ride in the area and require both types of riders to share the road with one another. However as this accident depicts, crashes often happen in the area, many caused by speeding or decreased visibility.

Police and paramedics responded to the scene and examined all three individuals involved in the collision, and fortunately it appears that there were no serious injuries. All three individuals were wearing helmets at the time of the crash and it is likely that the helmets prevented significant injuries to the face and heads of the riders, including the first cyclist whose head struck the ground with significant force.

Like Illinois, there is no California state law requiring all bicycle riders to wear helmets, though there are laws governing helmet use among minors. This crash shows the importance of wearing proper safety equipment when riding a bicycle in an area with heavy traffic and there is no doubt that helmets save lives. Despite the fact that nearly 70 percent of all fatal bicycle crashes involve head injuries, only about 20 to 25 percent of all bicyclists wear helmets.

Chicago is home to a large number of bicyclists who ride for both pleasure and transportation along the crowded roadways, making helmet use particularly important. In 2010 there were five fatal bicycle collisions in the city of Chicago alone with another 1,566 bicyclists suffering injuries in other crashes, many of which included head injuries.

Supreme Court Justice Breyer Has Shoulder Surgery

Tue, 30 Apr 2013 00:42:16 -0600

Supreme Court Justice Stephen G. Breyer underwent surgery Saturday to replace his right shoulder, according to a Supreme Court spokeswoman. Justice Breyer injured his shoulder the prior day while riding his bicycle near the Korean War Veterans Memorial in Washington, D.C.

Justice Breyer has been injured in two collisions before, sustaining a broken collarbone, broken ribs, and a punctured lung from which he fully recovered. He is also expected to make a full recovery from his recent shoulder surgery.

Breyer's accident illustrates that bicycle injuries can be severe in some cases and even fatal. In fact there were 677 bicycle-related fatalities in 2011, which accounted for 2 percent of all traffic fatalities nationwide.

Bicycling can be a great form of exercise and transportation but it can also be dangerous. Collisions with other bicyclists, motor vehicles, and other hazards mean that cyclists must always be aware of their surroundings.

In Illinois, bicyclists are lawfully allowed to ride on the roads with motor vehicles and cyclists have all the rights and responsibilities of a driver when doing so, including following traffic laws, yielding the right-of-way, and traveling in a marked lane of traffic. However if an area has a specifically designated bike lane and/or traffic signals, bicyclists should adhere to the bicycle-specific directions.

Common injuries to bicyclists involved in collisions include broken bones, cuts and abrasions, injuries to the hands and wrists, shoulder injuries including to the rotator cuffs, and head injuries. Head injuries are common and can be some of the most threatening faced by bicyclists because of their severity and potential for permanency.

The most effective way to prevent a head injury while riding a bicycle is to wear a properly fitting helmet. To find an appropriate helmet, first measure your head for an approximate size and then visit a helmet retailer to try on a few helmets to find one that fits snugly. When a helmet is sitting flat on your head, it should not rock from side to side. Many helmets come with sizing pads to make the fit perfect for your specific head. The helmet should sit low on your forehead but far enough above your eyebrows to give you an unobstructed line of sight. Tighten the chin and side straps to make sure your helmet is secure and will protect you in the event of a collision.

Unfortunately a helmet cannot prevent all injuries bicyclists may experience in a collision. Therefore it is very important that a rider be aware of traffic at all times and ride defensively.

Illinois Transplant Recipient Receives Rabies Vaccine After Doctors Give Him Organ From Infected Donor

Sun, 28 Apr 2013 11:42:06 -0600

According to the nation’s Centers for Disease Control and Prevention (CDC), a Maryland man died from rabies 17 months after receiving an infected organ during a transplant surgery. In addition, CDC officials stated three other individuals who received organs from the infected donor, including an Illinois man, are receiving anti-rabies injections as a precautionary measure. Illinois State Epidemiologist Dr. Craig Conover said the Illinois transplant patient is currently undergoing tests in an effort to determine whether he has any indicators of infection.

After the Maryland man died, health authorities reportedly launched an investigation into how he contracted the rare disease. CDC scientists then allegedly tested tissue samples from the decedent and the organ donor. The tests purportedly confirmed that both men died as a result of rabies. Transmission of the rabies virus through a solid organ transplant is apparently extremely rare. In most cases, humans contract the disease after being bitten by an infected animal. The virus can also be transmitted through saliva and sharing both utensils and cups. Between one and three people die as a result of rabies infection throughout the United States each year. The last confirmed case of human rabies in Illinois reportedly occurred in 1954.

The incubation period for contracting rabies is normally one to three months, but can be much longer. Unfortunately, if anti-rabies shots are not administered soon after exposure, the disease is always fatal. Because rabies is rare and the window during which organs remain viable for transplant is short, most organ donors are not tested for the disease. Despite the fact that the organ donor at issue allegedly suffered from encephalitis, no rabies testing was performed on the 20-year-old because doctors allegedly did not suspect the virus played a role in his death. At the time, physicians reportedly believed the young man suffered brain swelling as a result of exposure to a food-borne toxin.

Sadly, some experts purportedly believe the Maryland man may not have been exposed to the virus if new transplant recommendations that were published nine months after he received the organ were followed in his case. The federally funded United Network for Organ Sharing now purportedly urges physicians to use caution when an organ donor suffers any brain inflammation. The organization reportedly published the guidelines more than seven years after the first known case of rabies transmission via an organ transplant killed four patients in Texas.

Medical negligence occurs when a doctor, nurse, or other health care professional fails to provide a patient with the prevailing standard of health care. Medical malpractice may also result when a doctor fails to accurately diagnose or effectively treat a patient’s medical condition. Individuals who suffered harm as a result of medical negligence in Illinois have up to two years from the date they learned of the injury to file a lawsuit. If you were hurt or a loved one died as a result of medical negligence, you should contact a quality medical malpractice attorney to discuss your case.

Civil Cases Filed Against Frankfort Pediatrician Accused of Sexually Assaulting Women in His Office

Sat, 27 Apr 2013 09:10:55 -0600

A suburban Frankfort pediatrician who was recently charged with sexually abusing women in his medical office is now facing a number of civil lawsuits related to the allegations. A lawsuit recently filed in Will County alleges that the physician groped a young mother who brought her small child to his office for a medical examination. At least two other women have reportedly filed similar cases, and prosecutors allege the doctor may have sexually assaulted at least 10 women ranging in age from 22 to 30.

In February, the pediatrician’s license to practice medicine was suspended by the Illinois Department of Financial & Professional Regulation. In early March, an administrative law judge ordered the suspension to last indefinitely after the doctor allegedly refused to testify at a hearing on the matter that was held in Chicago. The physician purportedly parted ways with the clinic he was practicing at prior to the hearing. In 2002, the pediatrician was apparently acquitted on similar charges after a Joliet mother accused him of sexually assaulting her.

In addition to criminal charges, the perpetrator of sexual abuse may also be sued in a civil case like those filed in this situation. The victim of sexual assault may be entitled to recover compensation from his or her abuser, as well as other entities, such as a school, hospital, church, or nursing home if the abuse occurred on the business or organization’s premises and inadequate safety measures somehow led to the assault.

Tragically, the victims of sexual assault in Illinois and elsewhere are purportedly three times more likely to suffer from depression than the average American. Additionally, victims are reportedly four times more likely to consider suicide, 13 times more likely to abuse alcohol, and 26 times more likely to develop a drug addiction. In Illinois and throughout the country, an estimated 15 percent of sexual abuse victims are children under the age of 12, and 44 percent are minors who are under the age of 18. About 93 percent of sexually abused children knew their attacker before they were assaulted. In many cases, sexual assault results in lifelong emotional and psychological harm. If you or your child was sexually assaulted, you are advised to contact a skilled personal injury attorney to discuss your rights.

Chicago Bike-Sharing Program Set to Begin This Summer

Thu, 25 Apr 2013 18:39:12 -0600

Chicago is set to launch a bike-share program throughout the city that could have a significant impact on transportation downtown. Originally planned to be launched last summer, the initial stages promise 75 solar-powered stations in downtown and River North. Within a year, the program is scheduled to expand across the city with a total of 400 docking stations and about 4,000 bicycles, serving an area roughly between 63rd Street and Devon Avenue, to Lake Michigan to California Avenue.

Dubbed the Divvy program, the bikes will be available to users for either a $75 annual membership or a $7 daily pass. The program is initially being federally-funded but it is expected to pay for itself over time. The bicycles are a heavy-duty model designed for all types of adult users and will be painted Chicago blue, the same color blue as is on the City of Chicago flag. The bikes can be checked out and returned to any other station in the city and are available 24 hours a day, seven days a week.

The initial launch of the program will have several stations near major transportation hubs, including Union Station, Ogilvie Transportation Center, and the downtown CTA train stations. The city believes the bicycles will provide another source of transportation for residents and tourists that is healthier and more cost-effective than driving, taxis, and even some public transportation.

Users will not be provided with bicycle locks or helmets through the program. The idea is to lock the bicycle to a station each time it is not in use, making locks unnecessary. The use of helmets will be encouraged by the city but not provided as keeping track of the helmets and sanitizing them between users has been deemed not cost effective.

Another attention-grabbing aspect of this new program is the replacement cost: lose a bicycle and you could be charged $1,200 to have it replaced. Riders may also be charged for damage done to a bike while they are using it.

Bicycling is an excellent means of transportation as well as a good source of exercise and a way to have fun in nice weather. However as bicycle lawyers, we regularly see collisions that result in significant injuries to our clients. The sheer mass and size of a car when compared to the small size and weight of a bicycle means that in a collision, the bicycle almost always sustains more damage, and the bicyclist greater injuries, than the driver of a car.

Chicago is taking strides to make riding safer for bicyclists both downtown and throughout the city. Most notably, Mayor Rahm Emanuel has advocated for more designated bicycle lanes or specified areas for bicyclists to ride separate from motorized vehicles. The belief is that the designated lanes make for safer travel for both bicyclists and motorists in some areas, reducing collisions and reducing injuries and deaths.

Illinois Appellate Court Considers Two Animal Control Act Cases

Tue, 23 Apr 2013 07:20:28 -0600

Most lawsuits in Illinois relating to injuries resulting from an animal attack are filed on the basis of the Illinois Animal Control Act (“ACA”). The ACA contains a strict liability standard for dog owners who are held liable for injuries inflicted by the dog on another person, even in cases where they claim the dog has never bitten before and even when there was no knowledge that the dog presented a danger to others.

To prove an ACA case, a person who is injured by a dog (or any other animal) must show that (1) the defendant was the owner or custodian of the dog, (2) the dog caused an injury, (3) the dog was unprovoked by the injured person, and (4) the injured person was legally permitted to be in the location where the bite occurred.

The Fifth District Appellate Court recently decided two ACA cases in favor of plaintiffs. In one case, the court allowed a jury verdict to stand. That verdict awarded $140,000 to an Illinois woman whose brother's dog bit her. The trial court had denied the defendant’s motion for a new trial or judgment notwithstanding the verdict and the defendants appealed the denial.

Employer Negligence Can Lead to Illinois Silo Wrongful Deaths

Thu, 18 Apr 2013 12:08:10 -0600

Year after year, agricultural employers in Illinois put farm workers in danger. According to NPR, at least 498 people have suffocated in grain bins since 1964 and many have just barely escaped death.The case that has gotten the most attention recently is a July 2010 case. In that case, a fourteen year old was working his first real job in a grain storage complex with a nineteen year old and a twenty year old.

The grain bin where the boys were working was four stories tall. It was filled with 250,000 bushels of wet corn. The boy’s job was to "walk down the grain," which meant breaking up those kernels that stuck to the walls and blocked the drainage hole at the bottom of the bin. This is an illegal practice. However grain storage in the U.S. is a booming business.

That morning, the fourteen year old and his fellow workers started sinking in the corn and began suffocating. After six hours, only one of the boys was brought out alive. The fourteen year old was not even old enough to legally work in the bin. There had been no safety training provided to the boys and none of them was warned about the dangers of walking down the grain and breaking up corn. They were only told “Control the corn” and “Don’t let the corn control you.”