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Generally, a defendant is liable for injuries caused by his actions or conduct, however, preexisting conditions complicate even the simplest of personal injury claims. Balestri v. Terminal Freight Cooperative Ass’n, 394 N.E.2d 391, 393 (Ill. 1979).


A preexisting condition is a prior injury or damage (physical or mental) that was present before the injury that is ...

A product recall is a request to return, exchange, or replace a product after its manufacturer (or sometimes a consumer) discovers defects that could hinder its performance, harm consumers, or cause legal issues for the producers. It is likely that everyone has heard of a product being recalled at some point in their lives. There are signs at stores, ads on the radio, and even newscasters annou...

Boating is a popular activity when the warmer weather begins. Illinois and Chicago residents have easy access to Lake Michigan, where recreational boating is very common. Recreational boating is a leisure activity that consists of using a boat for activities such as fishing, water skiing, or travel. This includes sailboats, powerboats, or man-powered vessels, such as rowing and paddle boats.

Un...

Accidents and tragedies are not exclusively a problem on land; they also occur on the high seas. Cruise ships have been the center of many controversies from lack of necessary safety procedures to inadequate emergency medical care. When these tragedies inevitably occur, injured victims can still obtain relief.

Cruise ships are considered “common carriers”, like buses, airplanes, and subways and ...

During the spring and summer months, individuals are more inclined to participate in activities that may result in a burn injury. For example, spring and summer usually bring out bonfires, cookouts, and even fireworks. Even though these activities can be exciting, they can also result in a serious injury.

According to the American Burn Association, more than 400,000 people are treated for burn i...

Personal injury lawsuits typically arise out of accidents or behavior of a negligent defendant that a victim could not have predicted, including severe sport injuries. A sport injury is any type of injury sustained by a participant of a sporting event. These injuries can be categorized into two groups—those caused by a traumatic impact and those caused by the overuse of a particular body part. ...

With warmer temperatures around the corner, pedestrians will be more inclined to walk rather than be stuck in a vehicle or public transportation. However, with increased numbers or pedestrians comes the increased risk of pedestrian accidents. When a motor vehicle collides with a pedestrian, the consequences are more often than not catastrophic.

Frequency of Pedestrian Accidents

According to th...

During the winter months, outdoor enthusiasts take on the slopes to practice their skiing and snowboarding skills. However, even though these outdoor activities can be fun and thrilling, they can also be extremely hazardous. When participants take proper safety precautions, they can typically prevent injuries from occurring. Sometimes, however, accidents are inevitable. This is especially the c...

Imagine you’re walking on the city sidewalk, admiring the fresh fallen snow, when all of sudden you slip and fall, severely injuring yourself. What happens next? In the state of Illinois, cities and municipalities are typically protected from lawsuits. In order for a victim to bring a case against the city or municipality, they must prove that the government acted intentionally or demonstrated ...

Dog Bites and Strict Liability – What Does it Mean for You and Your Loved Ones? 

When it comes to the law regarding dog bites, all states are typically very similar. However, where the legal rules for dog bites start to become a bit muddled is in the liability. Here in Illinois, the state follows strict liability laws. What this means is that liability for a dog bite case cannot be disputed afte...

With less than three percent (3%) of civil cases ever going to trial, often times most civil cases settle before the parties even get to trial. The addition of section 735 ILCS 5/2-2301 into the Illinois Code of Civil Procedure provides a simplified way of making it easier and more efficient way of ensuring a plaintiff receives their money when a settlement agreement is reached.
 
The statute for...

In the wake of the COVID-19 pandemic, Sherwood Law Group continues to navigate new and emerging legal issues. One of those issues include the increased accidents involving delivery and ride share drivers. Today’s article will focus on personal injury accidents and specifically automobile or trucking accidents with a food service, ride share, or other delivery drivers(s) from the increasingly us...

Technology has come to play a crucial part in our everyday lives.  From answering emails, to catching up with friends, to mindlessly scrolling through social media, we are constantly using our smartphones and smartwatches.  Advances in technology make it easier to use smart-devices for a wide range of tasks now than ever before.  Even though technology is valued for its usefulness and convenien...

Look out Chicago! It’s a Bird! It’s a Plane! It’s a skateboard.. No…. It’s just your new, dockless, electric scooters! As Chicago strives for a smaller carbon footprint, the time has finally come for 2,500 scooters to be rolled out along the streets of Chicago. Efficient, edgy, fast and reliable. All words that have been used to describe the new scooters embarking our streets. This pilot progra...

Whether you own a dog or know someone who owns a dog, it is not unusual to encounter the incident of a dog bite. Illinois, and more specifically Chicago, law provides protection for citizens from dog attacks. Furthermore, the law establishes that liability is placed on the owners of the dogs in most situations.

Under the Animal Control Act (the Act), the dog’s owner is generally responsible for ...

As technology advances, it becomes more and more crucial in our everyday lives. Ranging from smartphones to smartwatches, people are constantly connected through technology. Although useful, these technology devices can pose a huge danger if used while driving. In Illinois, the distracted driving law is quite clear regarding the use of smartphones while driving; but the law regarding the use of...

Winter is officially upon us in Chicago, and with it has come the start of freezing temperatures, snow, and dangerous driving conditions. With the winter weather inevitably comes snow- and ice-covered sidewalks. The question then becomes: what happens if I slip and fall due to snow and ice accumulation on another person’s property? Liability can be hard to prove in these situations in Chicago d...

The Illinois Health Care Services Lien Act was put into effect to essentially ensure that medical providers are paid for their services by allowing healthcare professionals and providers to place a lien on all claims arising out of a patient’s injuries. However, the Act does provide some protection to the patient as it limits the amount the healthcare professionals and providers may recover fro...

As people continue to choose a healthier and greener lifestyle of riding a bike, the amount of bicycle related accidents has become more frequent. Although many safety precautions have been initiated to protect cyclists, injuries are still inevitable. A common fear among cyclists is the fear of having a car door opened immediately in front of their path. This is often referred to as “dooring.” ...

In Illinois, the amount of punitive damages assessed is often quite unpredictable. Unlike awards for compensatory damages that tend to be calculated in a precise manner, the valuation of punitive damages can range widely. As such, it is extremely important to be aware of the possibility of being awarded punitive damages, especially because punitive damages are typically excluded from the covera...

The Chicago Transit Authority (CTA) operates the nation’s second largest public transportation system. CTA Facts at a Glance. In 2017, on an average weekday, 1.6 million rides were taken across CTA. Id. CTA has 1,864 buses that operate 129 routes and 1,536 route miles. Buses make about 19,237 trips a day and serve 10,768 bus stops. Id. On the rapid transit system, CTA’s 1,492 rail cars operate ...

As technology continues to revolutionize the world around us, we must be cognizant of the new risks that are inevitably involved. This is especially true with autonomous vehicles. Autonomous vehicles have been gaining popularity with the thought that fully autonomous vehicles will help reduce the rate of accidents, particularly those involving human error. However, there are still many unanswer...

Internet services such as Google Street View (“Street View”) and Google Maps offer litigants a new realm of discovery resources that did not exist before. These images enable a party to compare images of a location that may have been taken years apart from each other. Although there is some guidance as to the admissibility of these Street View images, uncertainty still exists as to the situatio...

            Amusement parks are popular summer activity, especially for families and kids. Although amusement parks are relatively safe, injuries still occur frequently. To protect themselves, amusement parks and other facilities will often require the guest to complete a waiver of liability before participating in the activity. If the participant is a minor, the amusement park or facility may ...

Social media plays a prominent role in the daily lives of millions of people, whether it is to receive a news update, to stay in touch with friends and family, or to gain social recognition. Social media enables a wealth of information to become disposable almost instantaneously. For lawyers, the pervasive nature of social media potentially makes it a goldmine to obtain evidence. However, the q...

On January 22, 2018, the Supreme Court of the United States (“SCOTUS”) held in a 5-4 decision that statutes of limitations for state law claims joined in a federal lawsuit are tolled until 30 days after a federal court dismisses the claims. This decision applies to state law claims brought in federal court under the Supplemental Jurisdiction statute, 28 U.S.C. § 1367, which enables federal cour...