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Video of Chicago Teen Beaten By Gang Goes Viral: Assaults Upon Children Must Be Stopped

January 17th, 2012 by admin

Today, a YouTube video has gone viral that shows the vicious and cruel beating of a teenager by six individuals who are now being held by Chicago police for charges related to the beating.  Two more men are being sought in addition to the six behind bars this afternoon.  Because of its graphic nature, we are not placing the video here but those interested can see the video at any of the news sites linked in this post.

The boy was hurt by the assault which took place behind a local elementary school.

According to news reports, this beating was done in response to an earlier attack, where 20 people assaulted two teens.  On Sunday afternoon, the 17 year old boy is shown on the video (that lasts over 3 minutes) being overtaken and having his wallet and shoes taken from him.  He is hit, kicked, and drug along the ground in the video.   He is choked.  Some take big chunks of ice and use them as weapons.

At last, the boy is still, lying there.  Helpless.  Hurt.  All while the video camera captures everything for the eventual YouTube upload. Eventually, the victim rises and runs away.

Interestingly, the very fact that the evildoers put the video online may prove to be their undoing.  As the video went viral, media reports are that over 500 comments were left and calls made to the local law enforcement, some going so far as to name names of those shown beating the boy on the screen.  Virtual finger pointing.  The web version of an eyewitness testifying?

Today, this event is making the national news.  The good thing is that the victim has been treated and released from a local hospital.  And it’s being reported that the gang members will be charged as this being a “strong arm robbery.”

This Is A Growing National Problem – Videotaped Assaults Are Trendy.

Similar videos exist for other attacks upon kids in this country.  Consider the videotaped beating on a Mississippi school bus.  Or the similar group of teens assault upon a 13 year old in Philidelphia. There are more; you just have to surf the web for them.

Assaults Upon Children in this Country Must Stop

Arrests will be made, no doubt, in this Chicago case.  However, in this case as well as countless other beatings of children in this country, there is more than can be done to find justice for the victim and to put an end to this kind of violence: personal injury lawsuits.

In assaults on children, private civil lawsuits can work to force better protections for kids who are in danger of being hurt and assaulted like the teen shown in this viral video.   How the causes of action are framed would depend upon the situation; however, one clear example would be municipal liability causes of action.  Here, violent assaults on public school or city  property can be the basis of a liability suit if there were shown to be inadequate security or neglectful property maintenance that was a cause of the harm.  City governments, school districts, owners of premises, etc. may be held legally accountable for not doing more to protect kids from this sort of thing.

These child beating law suits are being filed by parents all over the country, and it perhaps through these civil suits that school bullying will be become the subject of widespread assault by those with the power to stop these horrible injuries on children.

Posted in Insurance Claims, School & Playground Injuries, Serious Personal Injury | No Comments »

Home Fires Can Be Deadly: Illinois Electrical Expert’s Death In Tragic Home Fire and Explosion Is Reminder For Us All

October 4th, 2011 by admin

According to the U.S. Fire Administration (a division of FEMA), over 3,500 Americans die every year in fires (18,300 more are injured), and most of these fires sadly, and perhaps shockingly, occur in their own home.

Tragic Death of Electrical Expert David Mugerditchian Should Serve As Needed Reminder to Families Everywhere About the Need to Check for Home Fire Safety

David Mugerditchian, 60, of Des Plaines, was the victim of a horrific fire and explosion at his home on Monday and after suffering burns over 96% of his body, he passed away last evening. In an ironic turn of events, Mr. Mugerditchian was an expert on this sort of thing: he had made his living for many years as an electrical inspector, employed by the City of Des Plaines and earlier by Underwriter’s Laboratories.

The cause of the explosion and fire are not yet known; neighbors heard the explosion early that morning, a little after eight o’clock. Mr. Mugerditchian was found in the backyard, unable to explain exactly what happened. All that Hoffman Estates Fire Department investigators know for now is that this was an accident.

By all accounts, David Mugerditchian was a fine man, a hero who once saved a man from a burning building, who is respected by his colleagues and beloved by friends and family. Our sincerest condolences go out to all who are grieving this untimely passing.

His story should serve as a reminder to families in our area of the importance of fire safety in our homes.  From the USFA come the following suggestions.

Please take the time to consider the following for your family:

Every Home Should Have at Least One Working Smoke Alarm

Buy a smoke alarm at any hardware or discount store. It’s inexpensive protection for you and your family. Install a smoke alarm on every level of your home. A working smoke alarm can double your chances of survival. Test it monthly, keep it free of dust and replace the battery at least once a year. Smoke alarms themselves should be replaced after ten years of service, or as recommended by the manufacturer.

Prevent Electrical Fires

Never overload circuits or extension cords. Do not place cords and wires under rugs, over nails or in high traffic areas. Immediately shut off and unplug appliances that sputter, spark or emit an unusual smell. Have them professionally repaired or replaced.

Use Appliances Wisely

When using appliances follow the manufacturer’s safety precautions. Overheating, unusual smells, shorts and sparks are all warning signs that appliances need to be shut off, then replaced or repaired. Unplug appliances when not in use. Use safety caps to cover all unused outlets, especially if there are small children in the home.

Alternate Heaters

Portable heaters need their space. Keep anything combustible at least three feet away.
Keep fire in the fireplace. Use fire screens and have your chimney cleaned annually. The creosote buildup can ignite a chimney fire that could easily spread.
Kerosene heaters should be used only where approved by authorities. Never use gasoline or camp-stove fuel. Refuel outside and only after the heater has cooled.

Affordable Home Fire Safety Sprinklers

When home fire sprinklers are used with working smoke alarms, your chances of surviving a fire are greatly increased. Sprinklers are affordable – they can increase property value and lower insurance rates.

Plan Your Escape

Practice an escape plan from every room in the house. Caution everyone to stay low to the floor when escaping from fire and never to open doors that are hot. Select a location where everyone can meet after escaping the house. Get out then call for help.

Caring for Children

Children under five are naturally curious about fire. Many play with matches and lighters. Fifty-two percent of all child fire deaths occur to those under age 5. Take the mystery out of fire play by teaching your children that fire is a tool, not a toy.

Caring for Older People

Every year over 1,000 senior citizens die in fires. Many of these fire deaths could have been prevented. Seniors are especially vulnerable because many live alone and can’t respond quickly.

For more information, you can download and review a series of Fire Safety Publications from the Consumer Product Safety Commission, available online for free.

Defective products, faulty wiring, and other man-made causes of fire are notorious as causing home fires as well as being the subject of personal injury claims.  It’s much better to be safe than sorry, to prevent a home fire rather than being the victim of one and perhaps the plaintiff in a lawsuit seeking justice because of tragedy caused by a preventable fire.

Be safe out there.

Posted in Defective Products, Explosions & Fires, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Product Liability, Work Related, Wrongful Death | No Comments »

Indiana State Fair Stage Collapse, Explosion at Illinois Plant: Who Is Responsible for Serious Personal Injury and Death Under the Law?

August 16th, 2011 by admin

The news in our area is filled with tragedy this week:  there is continuing national coverage (as well as YouTube videos) of the outdoor stage collapse at the Indiana State Fair last Saturday evening and there is local coverage of the tragic Natural Gas Pipeline Company of America plant explosion this morning in Hersher, Illinois.

At Work and At Play, Dangerous Conditions Result in Serious Injuries This Week

Latest reports have 5 workers hurt, with 2 workers seriously injured, in the blast that happened today while these folk were on the job in the NE Illinois gas works. All have been hospitalized and their current conditions are unknown.

News reports have five people dead as the result of the Indiana State Fair stage collapse with many of the crowd injured as a result of the 3-story stage falling to the ground, by some reports because of a sudden gust of wind. A doctor on the scene at the time of the tragedy gave his own personal account of the event, describing the stage as falling down “in slow motion” and that what he saw that day was “unbelievable.”

Meanwhile, USA Today is reporting that no state agency appears to have had responsibility for insuring that the Indiana State Fair facilities were safe for the people attending — it seems that not only did no agency take responsiblity for that duty, according to USA Today’s coverage, it may well be that no state agency had been given the legal duty to do so.

Legal Responsibility for Personal Injury Under State and Federal Law

Both federal law as well as state law protects workers on the job and people who attend popular events, like a concert during a state fair.  Workers’ compensation laws have been enacted in Indiana and Illinois to insure that workers hurt on the job are protected, and federal laws are also on the books to insure workplace safety.  The gas plant in Illinois will have state workers’ compensation claims filed by the injured victims to face was well as federal agency investigations into why that explosion occurred.   If tragedy hits and one of the blast victims dies, then wrongful death claims under Illinois law can be pursued.

However, traditionally workers have been better protected on the books that concertgoers, especially to a state event.  Governments are usually protected by something called “governmental immunity” under state and federal law, which means that state agencies cannot be sued for personal injury claims unless the state legislature allows it.  Additionally, there are defenses in the law for “Acts of God,” where mysterious winds or other natural events that cannot be predicted nor controlled will bar holding any party legally responsible.

In the Indiana State Fair matter, things are sticky right now.  Were the high winds an Act of God?  Will sovereign immunity claims bar any wrongful death claims by the decedents’ loved ones or estates?  Will the manufacturers, the concert promoters, the contractors who assembled the stage itself be liable for damages?  It’s not clear today, but questions are being asked – not just by personal injury lawyers but by reporters at Time Magazine and Rolling Stone.

Posted in Explosions & Fires, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Job Site Injury, Product Liability, Serious Personal Injury, Work Related, Wrongful Death | No Comments »

Ability of Plaintiffs to File Class Actions is Vital: Congress Investigating Recent U.S. Supreme Court Decisions Harming Plaintiffs’ Class Action Rights

July 7th, 2011 by admin

Class action lawsuits allow individual plaintiffs to group together in one lawsuit and in one courtroom as they seek justice against a defendant that is all too often a huge, international corporation. Class action lawsuits level the David vs Goliath playing field in countless ways, and class action lawsuits have proven to be vital to justice when defendants are powerful, rich, and ruthless.

Consider these famous class action lawsuits in American history: (1) the breast implant litigation of the 1990s, settled for $3.4 billioin, where a class action lawsuit sought damages for women injured by silicone breast implants against the major implant makers (Corning, Baxter, Bristol-Meyers Squibb/MEC, 3M), (2) the Exxon-Mobil class action litigation after the Exxon Valdez oil spill, where those injured by the oil spill along 1300 miles of coastline took the oil and gas giants to judgment (not settlement) for $5 billion in damages, or (3) the nationwide tobacco product class action litigation, where the top six tobacco companies were sued by each state’s attorney general for injury and death caused by cigarette smoking, etc..

Movies are made about class actions: A Civil Action and Erin Brockovich are just two examples.

Senate Is Investigating Supreme Court’s Recent Impact on Class Action Lawsuits

The Senate Judiciary Committee is investigating recent opinions released by the United States Supreme Court and for details, the Opening Statement by SJC Chairman Patrick Leahy to the June 29, 2011 Hearing provides a good overview of what Congress is doing to help injured plaintiffs and their families:

This morning, we will highlight several recent Supreme Court decisions to examine the impact on the lives of hardworking Americans. Each of these decisions give corporations additional power to act in their own self-interest, and each limits the ability of Americans to have their day in court. This hearing is a continuation of previous hearings about how Supreme Court rulings affect Americans’ access to their courts. Especially in these tough economic times, American consumers and employees rely on the law to protect them from fraud and discrimination. They rely on the courts to enforce those laws intended to protect them. Unfortunately, these protections are being eroded by what appears to be the most business-friendly Supreme Court in the last 75 years.

Last week, in Wal-Mart v. Dukes, five men on the Supreme Court disqualified the claims of 1.5 million women who had spent nearly a decade seeking justice for sex discrimination by their employer, Wal-Mart. They ruled that the women did not share enough in common to support bringing a class action. Perhaps more troubling, they told those women that Wal-Mart could not have had a discriminatory policy against all of them, because it left its payment decisions to the local branches of its stores.

The case gives Wal-Mart, and the rest of corporate America, a clear path to avoid company-wide sex discrimination suits: Have your lawyers write a non-discrimination policy, then allow your local branches to implement compensation decisions, and you can hide behind your policy regardless of what really happened to your employees across America. Through this decision, a narrow majority of five justices have, again, made it harder to hold corporations accountable under our historic civil rights laws.

Earlier this month, in Janus Capital v. First Derivative Traders, the same five justices gave corporations another victory by shielding them from accountability even when they knowingly lie to their investors. In that case, the Court held that investors have no remedy when a corporation knowingly issues false statements from a shell entity it created to “make” the false statement. Some have said that the Janus decision provides Wall Street companies with a “license to lie.” Others have called the opinion “a roadmap for fraud.” Whichever phrase you use, the decision allows Wall Street companies to design new ways to evade accountability from the harm inflicted on hardworking Americans who have seen their life savings ravaged over the past few years by fraudulent investment schemes and corporate misconduct.

This term, the Supreme Court also issued a devastating decision that will harm the ability of consumers to band together when their phone company or other corporations falsely charge them small, unjustified, and unfair fees. Two months ago, in AT&T v. Concepcion, the Supreme Court, in another 5-4 opinion, held that companies can take advantage of the fine print on telephone bills and other contracts to bar customers from bringing class action lawsuits. What’s more, the Court held that states cannot prohibit such “mandatory arbitration clauses” — even if the state legislatures vote to do so — because such a law would be preempted by the Federal Arbitration Act. Justice Scalia and the four fellow conservatives on the Court, once again, misinterpreted Congress’ intent; they favored corporations and further weakened protections for consumers. Binding mandatory arbitration makes a farce of the American people’s constitutional right to a jury trial and the due process our Constitution guarantees to all Americans.. In arbitration, there is no transparency. There are no juries. There is no appellate review.

Like the Wal-Mart case, the AT&T case also denies consumers the right to bring their lawsuit as part of a class action. Class actions serve an important function in our justice system. If I have a claim for $50 or $100 against a company, the potential recovery is too small for me to hire a lawyer and seek redress. If I combine my claim with those of other people who also have a small claim, that would allow us to attain adequate representation and seek accountability. When consumers can band together, then corporations can be forced to account for their misconduct, even if the harm to each individual consumer is relatively small. Class actions are an essential way for everyday Americans to gain access to our courts.

The cases we are discussing today are just a few examples of how the Supreme Court’s recent decisions will hurt individual Americans and benefit large corporations who engage in misconduct. A study by Lee Epstein, William Landes and Richard Posner, entitled “Is the Roberts Court Pro-Business?” illustrates this phenomenon. It found that the Supreme Court ruled in a pro-business fashion in 29 percent of cases under Chief Justice Earl Warren. Under Warren Burger the figure was 47 percent. Under Chief Justice Rehnquist, it was 51 percent. Now, under Chief Justice Roberts it has risen to 61 percent. The point of today’s hearing is to put these statistics in context by examining some of the most troubling pro-business rulings from the Supreme Court’s term and to consider the lasting effect of these divisive rulings.

Over the past few years, the American people have grown frustrated with the notion that regardless of their conduct some corporations are too big to fail. The Supreme Court’s recent decisions may make some wonder whether the Supreme Court has now decided that some corporations are too big to be held accountable. You get the unfortunate feeling that many of the Justices view plaintiffs as a mere nuisance to corporations. We cannot ignore that sex discrimination in the workplace continues, that corporations continue to deceive consumers and that fraud continues on Wall Street. I believe that the ability of Americans to band together to hold corporations accountable when these things occur has been seriously undermined by the Supreme Court. These decisions have been praised on Wall Street, but will no doubt hurt hardworking Americans on Main Street.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Construction Injuries, Defective Products, Electrocution, Equipment and Machine Malfunction, Explosions & Fires, Falls, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Job Site Injury, Longshoremen & Maritime, Medical Malpractice, Mill Accidents, Motorcycle Accidents, Other Jurisdictions, Product Liability, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Indianapolis Boy Fights Death After Birthday Party Pool Accident Just as CPSC Begins Its National Pool Safely Campaign: Pools are Dangerous for Kids

May 31st, 2011 by admin

Indianapolis saw another instance of a child almost drowning in a swimming pool when a young boy celebrating his 13th birthday was found floating near the bottom of a neighborhood pool and who now remains in critical condition (as of Tuesday, May 31st) at Riley Hospital. Our prayers go out to this boy and his family and we hope that he recovers fully from this tragic accident over the Memorial Day Weekend.

So far this year, there have been 55 fatalities and 63 close-calls across the country involving swimming pools.   It’s in hopes of keeping these numbers low as we enter the summer season that the U.S. Consumer Product Safety Commission (CPSC) has re-upped its “Pool Safely: Simple Steps Save Lives” campaign for another year.

The CPSC is promoting a national educational effort try and protect kids from swimming pool drowning accidents, as well as injuries due to entrapment incidents in both swimming pools and spas.

The Consumer Product Safety Commission has also released its latest statistics on swimming pool accidents involving children, which include the following:

  • An annual average of 383 pool and spa-related drownings for children younger than 15 occurred from 2006 to 2008; about 76 percent of the reported fatalities involved children younger than five.
  • An estimated average of 5,100 pool or spa emergency department-treated submersions for children younger than 15 occurred each year from 2008 to 2010; children younger than five represented 79 percent of these-injuries.
  • Children between the ages of one and three (12 to 47 months) represented 66 percent of these fatalities and 64 percent of the injuries.
  • About 72 percent of the fatalities from 2006 through 2008, and 55 percent of the estimated injuries from 2008 through 2010 that involved children younger than 15 occurred in a residential pool or spa; children under five made up the majority of incidents at residential locations, with 84 percent of fatalities and 61 percent of injuries, respectively.
  • Tragically, based on reported statistics, 96% of victims involved in a submersion incident will die. Fatalities usually occur the day of the drowning event (72%). For the victims who survive the event, most will succumb to their injuries within a week (24%). Only 4% of near drowning victims will survive beyond a week, and many will have severe injuries and require intensive medical care.
  • There were no reported entrapment fatalities for 2010. CPSC received three reports of entrapment injury incidents during 2010.

Posted in Insurance Claims, School & Playground Injuries, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Wrongful Death | No Comments »

New Research on ED Treatments – You Can Go Blind AND DEAF: Levitra, Cialis, Viagra May Cause Loss of Hearing

May 24th, 2011 by admin

Those little pills designed to treat the small segment of the male population that suffers from erectile dysfunction are actually used by many more men – it’s an industry with over $5 billion in annual sales in the United States alone.

However, warning: any man using Viagra, Cialis, or Levitra (the most popular erectile dysfunction treatments) or any other PDE-5 inhibitor — could be risking losing his hearing, according to a new research study that links these pills to a risk of hearing loss in men.

Permanent deafness, total or partial, all from taking one little blue pill.

The study confirms 47 cases of hearing loss and Viagra was found to be responsible for over 50% of them. Of all the cases, the men lost their hearing within 24 hours of taking the pill. It has been published by the American Laryngological, Rhinological and Otological Society, Inc. in their journal, The Laryngoscope.

Of course, this really isn’t big news: the FDA warning on the label tells users that permanent hearing loss is a risk, and that comes after the 2005 warning was placed on these types of pills that there was also a risk of vision loss (“non-arteritic anterior ischemic optic neuropathy”).

Some are dismissing the numbers as low risk. However, the problem may be more widespread than previously believed, since this research study had over 250 other cases of hearing loss that they didn’t include in their findings, for various reasons. Over in Great Britain, it’s serious enough of a concern that their experts are asking that the UK products get a hearing loss warning asap.

Posted in Defective Products, Insurance Claims, Medical Malpractice, Product Liability, Serious Personal Injury | No Comments »

FMCSA Gives Public Web Access to Trucking Industry Penalty and Safety Ratings Decisions in Searchable Web Site

May 12th, 2011 by admin

Yesterday, the Federal Motor Carrier Safety Administration (FMCSA) debuted a new page on its federal agency web site that gives the American public ready access, at no cost, to FMCSA orders and decisions in its trucking industry civil penalty and safety rating cases.

Along with the decisions themselves, FMCSA provides background information and FAQs (frequently asked questions) to help its readers researching what FMCSA has been doing here, and the procedures and bases for its legal decisions.

It’s all about making the federal agency’s oversight of the American trucking company and the American truck driver more transparent – so everyone can better understand the hows and whys of FMCSA’s compliance and enforcement process.

Today, anyone who wants to do so can search the FMCSA website and read the full text documents of instances covering 2009 to date, where motor carrier companies had contested the initial penalties assessed by the Federal Motor Carrier Safety Administration, or where the company has challenged an assessed FMCSA violation.

For example, you can download the March 2011 Arbitration Order involving Robillard Trucking Inc. from the new database here.

The new resource is located on the web as part of the FMCSA website, where there is already lots of information to review, such as the section entitled “A&I Online – Motor Carrier Analysis.” There’s lots to be found there, and it’s worth your while to surf the new addition for a bit.

For example, you can check the overall state safety rating of all 50 states, or zero in on your particular state, say Illinois or Indiana.  Have a particular truck or carrier you’re concerned about?  You can check them out too.

Great resource – the FMCSA website.  Good to know about, good to have.

Posted in Insurance Claims, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Good Samaritan Laws in Illinois and Indiana: Do You Risk a Lawsuit If You Stop to Help Someone at the Scene of an Accident?

April 28th, 2011 by admin

You’re driving home from work, or maybe it’s the end of a long weekend and you’re part of a parade of cars filled with families returning home. Or maybe you’re at work. In a mine, in a mill, on a train, or in a factory.  You could even be at school, or at the stadium for a game.

Suddenly, without warning: there’s an accident. A serious, scary accident where someone is seriously hurt. They’re in need – and if someone doesn’t help them, they may die.

This scenario becomes reality every day, in every state, in this country. Tragedies happen. Shockingly, however, not every state protects its citizens in the same way when they step up to render aid in an emergency. In fact, without Good Samaritan Laws in place, these do-gooders were sometimes later sued (yes, sued) for trying to help in a crisis.

For example, this winter in Fort Wayne, Indiana, there was a horrific car crash and an off-duty state trooper stopped to help the woman trapped inside her car.  It was only when a stranger, an ordinary citizen and good guy, stopped to help the trooper that they were able to set the woman free.

Illinois Good Samaritan Law

In 2011, the Illinois Good Samaritan Act was amended to clarify that the Illinois General Assembly’s purpose in passing the law was to ” …establish numerous protections for the generous and compassionate acts of its citizens who volunteer their time and talents to help others. These protections …shall be liberally construed to encourage persons to volunteer their time and talents.”

The overall Good Samaritan Law for Illinois is found in 210 ILCS 50, where it provides:

Sec. 3.150. Immunity from civil liability.

(a) Any person, agency or governmental body certified, licensed or authorized pursuant to this Act or rules thereunder, who in good faith provides emergency or non‑emergency medical services during a Department approved training course, in the normal course of conducting their duties, or in an emergency, shall not be civilly liable as a result of their acts or omissions in providing such services unless such acts or omissions, including the bypassing of nearby hospitals or medical facilities in accordance with the protocols developed pursuant to this Act, constitute willful and wanton misconduct.
(b) No person, including any private or governmental organization or institution that administers, sponsors, authorizes, supports, finances, educates or supervises the functions of emergency medical services personnel certified, licensed or authorized pursuant to this Act, including persons participating in a Department approved training program, shall be liable for any civil damages for any act or omission in connection with administration, sponsorship, authorization, support, finance, education or supervision of such emergency medical services personnel, where the act or omission occurs in connection with activities within the scope of this Act, unless the act or omission was the result of willful and wanton misconduct.
(c) Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.
(d) No local agency, entity of State or local government, or other public or private organization, nor any officer, director, trustee, employee, consultant or agent of any such entity, which sponsors, authorizes, supports, finances, or supervises the training of persons in the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid in a course which complies with generally recognized standards shall be liable for damages in any civil action based on the training of such persons unless an act or omission during the course of instruction constitutes willful and wanton misconduct.
(e) No person who is certified to teach the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid and who teaches a course of instruction which complies with generally recognized standards for the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid shall be liable for damages in any civil action based on the acts or omissions of a person who received such instruction, unless an act or omission during the course of such instruction constitutes willful and wanton misconduct.
(f) No member or alternate of the State Emergency Medical Services Disciplinary Review Board or a local System review board who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.
(g) No EMS Medical Director who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.
(h) Nothing in this Act shall be construed to create a cause of action or any civil liabilities.

Indiana Good Samaritan Law

Indiana’s Good Samaritan Law is not the same as that of Illinois.  Indiana focuses upon protecting emergency medical professionals, whether they are licensed in Indiana or elsewhere, as they do their work at the scene of an emergency.

Indiana’s Good Samaritan Law is found at IC 16-31-6-1, where it provides:

IC 16-31-6
Chapter 6. Immunity From Liability

IC 16-31-6-1
Emergency medical technician services
Sec. 1. (a) A certified emergency medical technician or a certified emergency medical technician-basic advanced who provides emergency medical services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes negligence or willful misconduct. If the emergency medical technician or emergency medical technician-basic advanced is not liable for an act or omission, no other person incurs liability by reason of an agency relationship with the emergency medical technician or emergency medical technician-basic advanced.
(b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003, SEC.33.

IC 16-31-6-2
Use of defibrillators
Sec. 2. (a) Except for an act of negligence or willful misconduct, a certified first responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
(b) If the first responder is immune from civil liability for the first responder’s act or omission, a person who has only an agency relationship with the first responder is also immune from civil liability for the act or omission.
As added by P.L.2-1993, SEC.14.

IC 16-31-6-3
Advanced life support
Sec. 3. An act or omission of a paramedic or an emergency medical technician-intermediate done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or emergency medical technician-intermediate, the authorizing physician, the hospital, or the officers, members of the staff, nurses, or other employees of the hospital or the local governmental unit if the advanced life support is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful misconduct.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,

SEC.34.

IC 16-31-6-4
Life support provided in connection with disaster emergency
Sec. 4. (a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct.
(b) An act or omission of a paramedic, an emergency medical technician-intermediate, an emergency medical technician-basic advanced, an emergency medical technician, or a person with equivalent certification from another state that is performed or made while providing advanced life support or basic life support to a patient or trauma victim does not impose liability upon the paramedic, the emergency medical technician-intermediate, the emergency medical technician-basic advanced, an emergency medical technician, the person with equivalent certification from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the governor under IC 10-14-3-12 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Construction Injuries, Electrocution, Equipment and Machine Malfunction, Explosions & Fires, Falls, Insurance Claims, Job Site Injury, Longshoremen & Maritime, Medical Malpractice, Mill Accidents, Motorcycle Accidents, Pedestrian Accidents, Railroad Workers (FELA), School & Playground Injuries, Semi-Truck Crashes, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Workers’ Compensation | No Comments »

Illinois Bill Would Ban On the Scene Photos: Rubbernecking vs Collecting Valuable Evidence

March 15th, 2011 by admin

The Illinois House of Representatives is considering legislation that would make illegal in the State of Illinois for drivers to take photographs or videos from cell phones at the scene of accidents.  State Rep. Tom Holbrook of Belleville is sponsoring this bill, arguing that drivers shouldn’t rubberneck — it’s dangerous for drivers to take their eyes off the road. 

Specifically, the bill (HB1984, read full text and follow it here) inserts “digital photograph” and “video” into legislation that is being proposed that would fight against distracted driving involving texting, instant messaging (IMs), or emailing.  There’s another proposed statute that’s just been amended within the same bill to ban the use of cell phones within 500 feet of an Illinois accident scene. 

Evidence at Trial Begins at the Accident Scene

There’s a reason why those scenes in CSI and Law and Order have all the cops and detectives and crime scene investigators wrapping the incident areas with yellow tape and banning everyone from going near the site.  Evidence must be protected — and most of the physical evidence is there at that scene of the crime.

Similarly, in accidents, the physical evidence is there at the scene.  On the roadway, the truth about what happened to cause the injuries or wrongful death reveals itself.  Photographs and videos taken as close in time as possible to the event itself is critical to discovering what really happened.

Insurance companies know this — that’s why they are notorious for having investigators on the scenes of accidents so fast that on occasion they beat law enforcement to the site.  Trucking companies instruct their truck drivers to let the company know immediately if they’re in an accident — so they can start their defense to any claim through the gathering of evidence as soon as possible. 

What Happens to Critical On the Scene Evidence if This Bill Becomes Law?  Plaintiffs Are Hurt.

Rubbernecking can cause wrecks, that’s true.  However, the proposed legislation goes farther than that.  If it is passed, then critical evidence of all kinds of motor vehicle accidents will be outlawed.  This will serve only to hurt injury victims and their loved ones as they later try to prove their claims and obtain justice.  It’s harmful.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Job Site Injury, Motorcycle Accidents, Pedestrian Accidents, Railroad Workers (FELA), Semi-Truck Crashes, Serious Personal Injury, Transportation, Workers’ Compensation, Wrongful Death | No Comments »

Illinois Budget Crisis: What Will Happen to Government Services and Public Safety?

January 4th, 2011 by admin

Illinois is in big financial trouble according to the financial bigwigs over on Wall Street: Moody’s Investors Service reportedly ranks Illinois as having the lowest credit rating in the country (tied with California, which we all know isn’t good news) and Moody’s also predicts things are not getting better in the near future for the state.

Meanwhile, the Illinois Legislature is hitting the ground running as it makes critical budget decisions: there is a $13 billion dollar deficit – and millions in unpaid bills and missed pension fund payments. No one can avoid the reality that there will be severe cuts in public services, but who is going to be hit? 

How will your family be impacted by the Illinois Budget Crisis?

Maybe not at all if the Illinois Governor gets his way, and the state borrows $15 billion to cover the shortfall.  If not, then California is providing an example, although severe public service cuts are being made in a number of states across the country: thousands of kids lose child care; young adults see an increase in tuition; state workers are laid off; and health care costs are slashed. 

Which means the state safeguards in place to protect Illinois citizenry may be disappearing — and with them, an increase in the risk of individuals being harmed.  For many, the harms will simply have to be handled within the family. 

Injury Lawsuits and Justice When Budgets are Slashed

However, if there is a serious personal injury or wrongful death because of scenarios like:

  • a child is on the streets instead of day care; 
  • a lack of state inspection regarding compliance with boating regulations or hazardous road conditions, or 
  • a stressed-out unemployed worker fatally crashes his vehicle into an innocent family’s minivan

this budget crisis will not close the courthouse doors on justice.

Plaintiffs’ personal injury law firms have traditionally provided legal services on a contingent basis to their clientele.  This is not going to change with the current recessionary times. 

It’s sad to predict that the loss of government services may have as an unintended consequence the serious personal injury or wrongful death of someone in the future, but it is very likely to be the reality.  At least, in these instances of personal injury lawsuits, Illinois budget cuts cannot cut justice out of our future.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Defective Products, Illinois Wrongful Death, Insurance Claims, Medical Malpractice, Motorcycle Accidents, Pedestrian Accidents, Product Liability, School & Playground Injuries, Semi-Truck Crashes, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Wrongful Death | No Comments »

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