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Illinois Law

Open-and-Obvious Rule Bars Slip-and-Fall Claim in Illinois

man slipping accident

In August, we wrote a post introducing premises liability in Illinois. Recently, the U.S. District Court for the Northern District of Illinois had the chance to apply the principles we described in that post to an actual case, Ochoa v. Menard. Here’s what happened, what the court decided, and what you can take from it.   What Happened in Ochoa v. Menard? Menards is a home improvement store with multiple locations throughout the Chicago area. In September 2009, Rogelio Ochoa visited the Menards on West North Avenue. While there, Ochoa proceeded to the restroom. On his way, he came across a Menards employee...

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Illinois Personal Injury 101: What’s a Cause of Action?

illinois personal injury 101

In May, we wrote a post asking whether an employer can fire an employee for making a workers’ compensation claim. In it, we explained that Illinois courts recognize a “cause of action” for retaliatory discharge. While it may be obvious from context what the phrase “cause of action” means, we thought it would be helpful to take a closer look at the concept. In Illinois personal-injury lawsuits, a cause of action is the legal claim that the plaintiff must prove to be entitled to a legal remedy. A lawsuit may include multiple causes of action, which can either be cumulative (“The...

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Healthcare-Associated Infections: Do They Signal Medical Malpractice?

infections and medical malpractice

According to the Illinois Department of Public Health (IDPH), healthcare-associated infections are among the top 10 causes of death in the United States. A healthcare-associated infection is an infection that a patient develops while undergoing medical care, whether in a clinic, hospital, nursing home, or other similar setting.   This raises an important question: if you develop a healthcare-associated infection, can you sue for medical malpractice? The answer, as it so often is in law, is that it depends.   Common Causes of Healthcare-Associated Infections   The IDPH points to the following six types of healthcare-associated infections as among the most important:   Bloodstream infections caused by...

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Product Liability, Medicine, and the Failure to Warn in Illinois

product and medical liability

Back in June, we wrote a post about strict product liability in Illinois. Today, we’re going to take a closer look at a particular type of product liability case—a pharmaceutical company’s failure to warn about the potential side effects of using its prescription medicine. Imagine this scenario: You go to the doctor, complaining of some ailment. The doctor prescribes a drug that is supposed to help you get better. Because your doctor is a good one, he or she informs you of a long list of side effects so that you know what risks are involved. Yet, after taking the drug, you...

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Illinois Slip-and-Fall Lawsuits and Premises Liability

slip and fall accidents law

Premises liability lawsuits are among the most common types of personal injury lawsuits in the United States, but they often go by a different, more descriptive name: slip-and-fall lawsuits. As that name suggests, plaintiffs in slip-and-fall cases have been injured by slipping and falling while on the defendant’s property. For example, many slip-and-fall cases involve supermarkets or other public locations where some liquid has been spilled on the floor. The plaintiff unwittingly steps in the liquid, falls, and is injured. In this post, we provide a basic overview of premises liability law, including what the plaintiff must prove and what defenses the...

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Understanding Wrongful Death Actions in Illinois

wrongful death law

When a loved one is injured by the wrongful act of another, you probably already know that he or she can seek compensation for the personal injury from the person who committed the wrong. You might not know that, depending on your relationship to the injured person, you, too, might be entitled to compensation. That’s because personal injury law in Illinois seeks to compensate for more than just physical injuries, but mental and emotional ones, too.   That goal extends beyond mere injuries, however. If a close family member—like a husband or wife, parent, child, or sibling—is killed because of someone else’s...

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3 Ways Medical Malpractice in Illinois Would Change Under the Protecting Access to Care Act

medical malpractice law in Illinois

Two weeks ago, we wrote a blog post giving an overview of medical malpractice in Illinois. As part of that, we mentioned two past efforts by the Illinois General Assembly to impose damages caps in medical malpractice lawsuits. The Illinois courts struck both of those efforts down, meaning that Illinois has no damage caps in medical malpractice lawsuits currently.   That’s an important fact about Illinois law, because it makes us a prime target for a new federal effort at medical malpractice reform, the Protecting Access to Care Act of 2017 (PACA), H.R. 1215. PACA passed the U.S. House of Representatives last...

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What You Need to Know About Medical Malpractice in Illinois

medical malpractice laws in Illinois

One of our practice areas here at Costa Ivone, LLC, is medical malpractice claims. Medical malpractice occurs when a patient is injured because a doctor, hospital, or other healthcare provider failed to abide by the standard of care that applies in their field of medicine. Medical malpractice claims are among the most complicated personal injury claims in Illinois, so here is what you need to know about medical malpractice in Illinois.   How long do you have to file a medical malpractice claim? As we discussed in our April post about statutes of limitations in Illinois personal injury lawsuits, the statute of limitations...

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Strict Product Liability in Illinois

product liability laws

Most personal-injury lawsuits, such as those involving car accidents, involve a plaintiff’s allegation that the defendant behaved negligently, causing an injury to the plaintiff. But in some personal-injury cases—namely, those relating to injuries caused by dangerous or defective products—courts don’t require plaintiffs to prove that the defendant was negligent.   Instead, these sorts of cases are decided under a theory of strict liability, in which it doesn’t matter whether the defendant was negligent or not. What matters in such cases is that the defendant sold an unreasonably dangerous product. Here is some basic background information about strict product liability in Illinois.   Types of...

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Why Workers’ Compensation Differs from Personal-Injury Claims

workers comp differs from personal injury

We have previously written about how workers’ compensation claims differ from personal-injury claims in Illinois. Three of the biggest differences are that:   An injured worker doesn’t have to prove that his or her employer was at fault in causing the employee’s injury. In a personal-injury case, the plaintiff must prove that the defendant was at fault in causing the plaintiff’s injury. An injured worker normally can’t sue his or her employer, but must rely on the workers’ compensation system to resolve the claim. Personal-injury plaintiffs can recover for pain and suffering and other types of damages that aren’t available to...

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