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Cyclists and motorists in Chicago may have to take more care while they are riding around the city or else face steeper fines for safety violations. According to a recent news article, Mayor Rahm Emanuel is seeking to raise fines for cyclists who disobey traffic laws and for drivers and passengers who “door” a cyclist,…
The concept of a nuisance dates back to the earliest formation of American tort law. Under common law, a public nuisance is an unreasonable interference with a right common to the general public. A public nuisance is distinguished from a private nuisance, which affects only a small number of people. Notice that the definition is…
With the decrease in costs to fly, more Americans are using the skies as a convenient way of transportation. Airline travel has increased in the past ten years, according to a report by the Federal Aviation Administration or FAA. As expected, the increase in travel and passengers has increased the liability airlines may face in…
Expert witnesses can offer specialized testimony and provide a deeper knowledge of issues that appear in a trial. They are generally needed to assist a jury or judge in establishing facts that are too complex or convoluted to be sorted out on their own. They are especially necessary in cases such as medical malpractice and…
A toxic tort is a type of personal injury where an injured party is exposed to chemicals. The types of chemicals can vary widely, from more familiar asbestos and lead poisoning, to more obscure chemicals like magnetic fields, pesticides, and chemical exposure from work or home. Depending on where the exposure takes place will determine…
As nursing home facilities are facing increasing litigation, it is natural for such facilities to try to limit their liability as much as possible. While this can be great for the bottom line of a facility, nursing home patients may unintentionally waive their right to collect damages or fully litigate any negligence or personal injuries…
Malicious prosecution is an intentional tort that is typically disfavored in Illinois courts and thus has very strict elements that must be met to move forward with a claim. Courts believe that the tort inhibits open access to the court process and are wary to find merit in these claims. However in many personal injury…
Most personal injury cases, even serious ones, involve claims relating to ordinary negligence. However, there are some types of negligence that go beyond what the law establishes as ordinary. Such negligence is known as gross negligence. The definition of gross negligence varies by state so it is important to seek the interpretation of the law…
Personal injury claims against the federal government may be brought under the Federal Tort Claims Act (FTCA). The FTCA provides for a departure from the typical rule in place of sovereign immunity. Sovereign immunity typically shields the federal government from lawsuits. It was a doctrine that was adopted from the common law of England where…
Car accidents in and around Chicago are the cause of many serious injuries and even deaths. According to the Illinois Department of Transportation, there have been 902 traffic fatalities on all public roadways in the state this year to date. Because of the sheer number of accidents and casualties, most people pay for automobile insurance…
