Archive for the ‘Sports & Boating Accidents’ Category

Concussion Laws in Indiana and Illinois Try to Keep Kids Safer As They Play Football and Other School Sports

January 26th, 2012 by admin

We’ve posted about new research studies that confirm how young kids playing hockey or football or other contact sports at their school can be seriously injured and permanently disabled by brain injuries and concussions.

Slowly but surely, state legislatures are starting to take heed of these research results (and the outcry from parents whose kids have been hurt while playing a sport) and now, Indiana and Illinois have both recently passed state concussion laws.

According to SafeKids.Org, Indiana and Illinois joined 31 other states in passing legislation designed to protect children playing school sports from suffering concussions and permanent brain injuries.

Illinois Concussion Law (Public Act 097-0204)

Under the Illinois Concussion Law, each school board must adopt a concussion policy that conforms to the established guidelines of the Illinois High School Association.

Both the student athlete and the student’s parent must sign a written acknowledgement of the school’s concussion policy.

Before a student athlete can play a sport again after being removed from play because of concussion or suspected concussion, the student has to be checked by a health care provider and that provider must give the student a written clearance to participate in the sporting activity.

Indiana Concussion Law (Indiana Code 20-34-7)

The Indiana Concussion Law tasks the State Department of Education with the dissemination of guidelines, information sheets, and forms detailing the nature and risk of concussions and head injuries to schools which are to distribute the Department’s work to school coaches, student athletes and parents of student athletes.

In Indiana, all high school student athletes and their parents must acknowledge by their signature that they have received the Department of Education’s brain injury and concussion information on a form collected by the student athlete’s coach each year before the student can start his or her first practice.

If there is a suspicion that a student athlete has sustained a head injury or concussion, the student must be removed from play at that time (the time of the suspected injury).  He or she cannot return to the sport until the student has been evaluated by a licensed health care provider trained in head injuries and that health care provider has given him or her a written clearance form to return to play.

Posted in Illinois Wrongful Death, Indiana Wrongful Death, School & Playground Injuries, Serious Personal Injury, Sports & Boating Accidents | No Comments »

Illinois December 2011 Preparedness Campaign – Is Your Home Safe? Are You Ready in Case of Emergency?

December 8th, 2011 by admin

This month out of Springfield there’s something akin to holiday cheer being distributed out of the offices of IEMA (Illinois Emergency Management Agency) as its December 2011 Preparedness Campaign kicks off, trying to increase citizen awareness of home dangers like fire and radon as well as being ready in case of a home emergency.

Major, life-altering disasters can hit families within their home, along their street, or in their neighborhood, it’s not just the big winter storms or flooding disasters that can strike and alter lives forever.   It’s because of these kinds of possibilities that a new website has been created (www.Ready.Illinois.gov) and IEMA has started its new campaign.

All through December 2011, IEMA will be publishing all sorts of home safety tips at the Ready.Illinois website.  Things like decorating for the holidays will be covered.  Candles can start fires, for example.  So can faulty strings of outdoor lights.

Injuries and Deaths at Home From Fire and Toxic Fumes

Even more importantly from a personal injury point of view are things that cause serious injury and death in our part of the country each year.  Old furnaces collect dust and get old and rusty, and can cause fires as well as release toxic carbon monoxide fumes.  It’s very important to have furnaces professionally checked every year.

The IMEA also reminds us all that it is mandated by Illinois law that homes must have both smoke alarms and carbon monoxide detectors within 15 feet of each and every bedroom.  Landlords must abide by this; is yours? Homeowners have to abide by this, too.  Are your batteries still working in your smoke alarms and CO detectors?

Radon Gas Is Top Cause of Lung Cancer Among Non-Smokers in the U.S.

The agency also has a very wise warning for all of us:  radon is an undetectable gas that causes cancer – in fact, it’s second only to smoking tobacco in causing lung cancer among smokers and the top cause of lung cancer in non-smokers.  Radon comes out of the soil as uranium decays.  It’s important to have your home (as well as other buildings, schools, hospitals, etc. ) tested for radon.   You can do the test yourself (see www.radon.illinois.gov).

From the EPA’s Citizen’s Guide to Radon:

Radon is a radioactive gas. It comes from the natural decay of uranium that is found in nearly all soils. It typically moves up through the ground to the air above and into your home through cracks and other holes in the foundation. Your home traps radon inside, where it can build up. Any home may have a radon problem. This means new and old homes, well-sealed and drafty homes, and homes with or without basements.

Radon from soil gas is the main cause of radon problems. Sometimes radon enters the home through well water (see “Radon in Water“). In a small number of homes, the building materials can give off radon, too. However, building materials rarely cause radon problems by themselves.

RADON GETS IN THROUGH:

  1. Cracks in solid floors
  2. Construction joints
  3. Cracks in walls
  4. Gaps in suspended floors
  5. Gaps around service pipes
  6. Cavities inside walls
  7. The water supply

Winter Storm Emergencies

Finally, those big storms do hit and we’re going into a long winter now.  IEMA has a great checklist for a home emergency kit, now is the time to make sure you’ve got everything you need.  Among them:

  • A battery-powered NOAA Weather Radio and a battery-powered commercial radio
  • Extra batteries.
  • Foods that do not require cooking or refrigeration.
  • High energy foods such as dried fruit and granola bars.
  • Extra medications and special items for babies, the disabled or elderly.
  • Extra water in clean containers.
  • Flashlights.  Do not use candles.
  • First-aid kit, non-prescription drugs and personal sanitary items.

Your Duty to Keep Safe

Of course, there is much discussion here on the legal duties of product manufacturers, sellers, and distributors, as well as trucking companies, car dealers, road crews, and employers along with all other sorts of individuals or entities to keep us from harm in their ordinary course of business.

However, we each have a duty, too.  All of us have a duty to ourselves and our loved ones to avoid danger and maintain our homes, our cars, etc. as well as to do what reasonable people do to protect themselves and their families from harm.

For example, if you race over 100 mph and crash your car, then you’ve assumed some of the legal risk of that wreck.  Similarly, if you hang a sweater over a space heater and it catches fire, you’ve got some legal responsibility for that home disaster.

Be careful out there.   Participate in this preparedness campaign – it’s a good thing.

Posted in Defective Products, Product Liability, School & Playground Injuries, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Wrongful Death | No Comments »

Distracted Driving Laws May Get Even More Stringent After DOJ Releases Info on Successful Law Enforcement Pilot Program “Phone in One Hand, Ticket in the Other”

July 14th, 2011 by admin

The Department of Justice reports that pilot programs held in New York and Connecticut have resulted in a significant decrease in distracted driving accidents, with U.S. Transportation Secretary Ray LaHood calling the results “dramatic.”

Pilot Programs in Syracuse and Hartford Fight Against Texting and Cell Phone Use While Driving

Two cities were chosen as the locations where the government would experiment with increased law enforcement targeting texting and cell phone use by drivers along with a big public education media campaign to educate the two communities on the dangers of texting or talking on the phone while driving a car, truck, SUV, minivan, etc. 

And by “law enforcement targeting,” we mean giving lots of traffic tickets.

“These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel,” said U.S. Transportation Secretary Ray LaHood. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents.”

Federal Government and State Governments Shared Costs of the Pilot Programs

For each of the test runs, in New York and Connecticut, the Department of Justice put in $200,000 in federal funds with the state adding another $100,000 to cover the costs of increased police efforts as well as media costs (ads in the local newspapers, on the local television stations, etc.) They didn’t start from square one, however: costs were cut by mimicking the “Click It of Ticket” campaign as these two cities held their “Phone in One Hand, Ticket in the Other” distracted driving campaign.


National Highway Traffic Safety Administration (NHTSA) Studies Success of the “Phone in One Hand, Ticket in the Other” Pilots

The NHTSA surveyed public awareness at the Syracuse and Hartford driver licensing offices and their findings include:

  • In Syracuse, New York, because of high-visibility enforcement -– both handheld cell phone use and texting behind the wheel have declined by 33%.
  • In Hartford, Connecticut, where researchers initially identified drivers talking on their cell phones at twice the frequency (which left more room for improvement), there was a 57 percent drop in handheld use and texting behind the wheel dropped by nearly three-quarters.

Based on these numbers, the NHTSA is already promoting the implementation of these campaigns across the country, pushing for “Phone in One Hand, Ticket in the Other” campaigns with state legislatures, law enforcement agencies, and consumer safety advocates as well as manning its own Distracted Driving website at www.distraction.gov.

Which means that if states are willing to spend the money, there will lots more police pulling people over for using their cellphone while driving to give them tickets that will vary in cost depending upon which authority is issuing the traffic violation.   Be careful out there.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Spinal Injuries, Sports & Boating Accidents, 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 »

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 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 »

New Website! PaperStreet launches KenAllenLaw.com re-design!

January 15th, 2010 by admin

PaperStreet Web Design’s development team just wrapped up the brand new re-design of KenAllenLaw.com.   The new site not only has a modern design but is using the latest web technologies, JavaScript libraries, and web standards.

Along with a new look the new site provides visitors state of the art lawyer resources in the form of videos, graphics, and a blog that is updated with the latest news and developments in the firm.

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, Pedestrian Accidents, Product Liability, Railroad Workers (FELA), School & Playground Injuries, Semi-Truck Crashes, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Workers’ Compensation, Wrongful Death | 1 Comment »