The recall effects Roland Fire Roasted Red Pepper Strips in a 5 pound, 8 ounce cans, item number 45628 lot numbers 427, 428, 432 and 437 and UPC numbers 10041224456287 for the cartons and 041224456280 for the individual cans.
Showing posts with label personal. Show all posts
Showing posts with label personal. Show all posts
Monday, April 4, 2016
Popular Consumer Food Product Recalled for Presence of Glass Fragments
Consumer products manufacturer Roland Foods, LLC has voluntarily issued a recall for its Roasted Red Pepper strips, available at many major supermarkets, for the possible presence of glass fragments inside the cans. Although no illnesses or injuries have been reported as of today, Roland Foods is taking this voluntary action to prevent any potential illnesses or injuries.
The recall effects Roland Fire Roasted Red Pepper Strips in a 5 pound, 8 ounce cans, item number 45628 lot numbers 427, 428, 432 and 437 and UPC numbers 10041224456287 for the cartons and 041224456280 for the individual cans.
The recall effects Roland Fire Roasted Red Pepper Strips in a 5 pound, 8 ounce cans, item number 45628 lot numbers 427, 428, 432 and 437 and UPC numbers 10041224456287 for the cartons and 041224456280 for the individual cans.
Thursday, December 24, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit: Part 6 - Social Media is Not Your Friend
Just in time for the holidays, we bring you the final installment of our 6 part series on how to increase your odds of a favorable result of your potential personal injury claim. This one focuses on the impact of social media. As we are all aware, social media such as Facebook, Twitter, LinkedIn, Instagram, etc. have become increasingly popular and are gaining more and more users each day. Social media users commonly post photos and other updates about what they are doing, what is going on in their life, and even pictures of food he or she is about to eat. Many can attest to how frequently these individuals are updating their social media accounts by how often people are seen glued to their cell phones and computers in public. While this can be fun and certainly can be a useful way to connect with people, it can have major consequences on any legal proceedings, including personal injury claims, you may have.
Any posts on social media are public posts, and can all too easily be discovered by people looking for information about you and your life. It is very important to carefully screen anything you post on social media. If you have a personal injury claim, you are up against attorneys and other individuals who are paid to investigate your life and the claims you are making, are paid to look for inconsistencies in your claims, and are paid to keep you from being fairly compensated. One of the first places these people look for inconsistencies and problems in your claim is social media. These individuals are familiar with most if not all different social media and know how to search for and find the information they are looking for, even information you might feel has been blocked or made private. Therefore, it is important to consider everything you post on social media as available for the entire world to see.
All too often people post updates, statuses and pictures on social media without thinking of what these posts, updates, or pictures say about themselves, their lives, or their situations. Particularly when there is a personal injury claim. Keep in mind, when you are making a claim for injuries you sustained in an incident, you are also claiming that these injuries have had an impact on your life, that includes your ability to perform your normal activities and chores. Pictures and updates of you playing sports, working out, running around or having fun are big indicators that the injuries you are claiming are not as severe as stated. These statements will certainly be used against you and are admissible in court.
The problems with posts on social media aren't limited to only posts about your activities. Many people use social media as an outlet to their frustrations or a place to lie or brag about conflicts and incidents in which they are involved. All too often social media users will post rants about a car accident or their work and speak out of emotion and ego. They will say things that aren't necessarily true, exaggerate facts, or bring up things that happened in the past that have nothing to do with the incident itself. Again, these statements can contain information that can and certainly will be used against you in your personal injury claim. If you have truly been injured in an incident due to someone else's negligence, the truth is enough. There is no need to exaggerate, lie, or make up anything about the incident. In fact, lies and exaggerations will more than likely hurt your claim.
A good rule to remember is this - don't post anything on social media you wouldn't be comfortable saying out loud in open court or in public. An even better rule is not to keep any social media posts to an extreme minimum until the conclusion of your case and not to post anything at all about the incident or your claim itself.
Any posts on social media are public posts, and can all too easily be discovered by people looking for information about you and your life. It is very important to carefully screen anything you post on social media. If you have a personal injury claim, you are up against attorneys and other individuals who are paid to investigate your life and the claims you are making, are paid to look for inconsistencies in your claims, and are paid to keep you from being fairly compensated. One of the first places these people look for inconsistencies and problems in your claim is social media. These individuals are familiar with most if not all different social media and know how to search for and find the information they are looking for, even information you might feel has been blocked or made private. Therefore, it is important to consider everything you post on social media as available for the entire world to see.
All too often people post updates, statuses and pictures on social media without thinking of what these posts, updates, or pictures say about themselves, their lives, or their situations. Particularly when there is a personal injury claim. Keep in mind, when you are making a claim for injuries you sustained in an incident, you are also claiming that these injuries have had an impact on your life, that includes your ability to perform your normal activities and chores. Pictures and updates of you playing sports, working out, running around or having fun are big indicators that the injuries you are claiming are not as severe as stated. These statements will certainly be used against you and are admissible in court.
The problems with posts on social media aren't limited to only posts about your activities. Many people use social media as an outlet to their frustrations or a place to lie or brag about conflicts and incidents in which they are involved. All too often social media users will post rants about a car accident or their work and speak out of emotion and ego. They will say things that aren't necessarily true, exaggerate facts, or bring up things that happened in the past that have nothing to do with the incident itself. Again, these statements can contain information that can and certainly will be used against you in your personal injury claim. If you have truly been injured in an incident due to someone else's negligence, the truth is enough. There is no need to exaggerate, lie, or make up anything about the incident. In fact, lies and exaggerations will more than likely hurt your claim.
A good rule to remember is this - don't post anything on social media you wouldn't be comfortable saying out loud in open court or in public. An even better rule is not to keep any social media posts to an extreme minimum until the conclusion of your case and not to post anything at all about the incident or your claim itself.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Thursday, December 3, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit: Part 5 - When To Listen To Your Doctor, and When Not To
During this blog series, we have discussed the importance of communicating with your physician about your injuries and symptoms. We've discussed the importance of listening to your doctor and following his or her instructions. But there are certain situations in which listening to your doctor may be harmful to your claim.
Doctors are highly trained and educated in the field of medicine, and they put their expertise to work in order to help heal their patients and ensure their patients are healthy. When a patient presents to a doctor with an injury, the doctor will likely prescribe a certain course of treatment. This can range anywhere from rest to exercises, from medication to surgery, and everything in between. When a doctor instructs you on a course of treatment, he or she is using his or her training, education and experience in deciding what course of treatment to prescribe. While it is important to listen and, in most cases, follow your doctor's instructions to the letter, it is also important to know that you can use your own common sense and experience when considering your doctor's instructions.
Open dialogue between a doctor and his or her patient will almost always result in a better understanding of the injury or illness and, therefore, a better decision on a course of treatment. If the instructions given by your doctor don't seem to make sense to you, or if you have questions about it, it is important to speak up. Ask your doctor questions. Ask your doctor why he or she believes the prescribed course of treatment will work. Ask your doctor if there are other options available and what the pro's and con's of each course of treatment are. Ultimately your doctor will give you instructions, but it is your responsibility to follow through with them.
In some situations, it may be advisable to disregard your doctor's instructions. Just like anyone else, each doctor may have different opinions on things, including treatment for injuries or illnesses. Some doctors may prefer a conservative, or "wait and see" course of treatment, some doctors may favor surgical intervention, and some doctors may prefer other forms of treatment. If, during your visit, the treatment your doctor is prescribing doesn't seem to make sense to you, you are well within your rights to seek a second opinion from another physician. You may also want to seek out a physician with a different specialty; maybe one that more specifically fits the symptoms you are exhibiting.
Remember, medical treatment is a two way street. Communication is key and don't be afraid to ask questions. As always, you may also seek the advice of an attorney.
Doctors are highly trained and educated in the field of medicine, and they put their expertise to work in order to help heal their patients and ensure their patients are healthy. When a patient presents to a doctor with an injury, the doctor will likely prescribe a certain course of treatment. This can range anywhere from rest to exercises, from medication to surgery, and everything in between. When a doctor instructs you on a course of treatment, he or she is using his or her training, education and experience in deciding what course of treatment to prescribe. While it is important to listen and, in most cases, follow your doctor's instructions to the letter, it is also important to know that you can use your own common sense and experience when considering your doctor's instructions.
Open dialogue between a doctor and his or her patient will almost always result in a better understanding of the injury or illness and, therefore, a better decision on a course of treatment. If the instructions given by your doctor don't seem to make sense to you, or if you have questions about it, it is important to speak up. Ask your doctor questions. Ask your doctor why he or she believes the prescribed course of treatment will work. Ask your doctor if there are other options available and what the pro's and con's of each course of treatment are. Ultimately your doctor will give you instructions, but it is your responsibility to follow through with them.
In some situations, it may be advisable to disregard your doctor's instructions. Just like anyone else, each doctor may have different opinions on things, including treatment for injuries or illnesses. Some doctors may prefer a conservative, or "wait and see" course of treatment, some doctors may favor surgical intervention, and some doctors may prefer other forms of treatment. If, during your visit, the treatment your doctor is prescribing doesn't seem to make sense to you, you are well within your rights to seek a second opinion from another physician. You may also want to seek out a physician with a different specialty; maybe one that more specifically fits the symptoms you are exhibiting.
Remember, medical treatment is a two way street. Communication is key and don't be afraid to ask questions. As always, you may also seek the advice of an attorney.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Wednesday, September 23, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 3: Tell Your Doctor Everything
Part 3 of our 6 part series on how to prevent problems in your personal injury lawsuit follows part 2 nicely. When you visit your doctor for treatment, make sure you tell your doctor everything. A very important step in establishing your injury, in creating hard evidence to prove that you were in fact injured, comes from talking with your doctor.
When someone first sees a doctor on any visit, the doctor will more often than not take what is called a "history" from the patient. This basically means they are asking the patient why he/she came in, is the patient suffering from any problems (pains, illnesses, etc), and if so, when did they start and how did they come about. While the patient is giving his/her history, the physician is writing down what the patient is saying. It is very important that the patient gives a complete and accurate history to the physician. This is important for two reasons: 1. an accurate and complete history is necessary for the doctor to come to an accurate diagnosis and treatment plan (if the doctor doesn't know what is wrong, he can't very well treat it); and 2. this written history makes it onto the medical record, which will act as hard evidence of the injury later.
Every personal injury lawsuit will require the injured party to be able to prove that he/she is injured, and hard evidence in the form of medical records goes a long way to help. Certainly the injured party will testify, assuming he/she is able to, that he/she was injured and will talk about his/her injuries at trial. However, judges and juries will often look at plaintiffs skeptically.
Think about it this way: You are telling 12 people who don't know you that you were injured because of the Defendant and you should be compensated. Most members of the jury have likely heard a story or two about some plaintiff faking an injury, or have heard about frivolous lawsuits, or know someone who knows someone who won millions of dollars in a lawsuit. If the jury can't physically see the effects of your injuries, they will very likely think that you might be trying to get rich, or that you are faking the extent of your injuries. Even if this isn't true, as a plaintiff' it is your burden of proof; you must first prove all the elements of your case with a "preponderance of the evidence," including your injuries and the extent of the pain and suffering you suffered.
Medical records will help to support your testimony about your injuries. You testify that you suffered head injuries in a construction accident and were extremely dizzy and nauseous after the incident. When the jury views your medical records they will see what you told the doctor you were suffering from. If the history in your medical records says you were involved in a construction accident and were complaining of dizziness and nausea, then the jury will see that your story has been independently corroborated. If they see that the medical records only mention that you told the doctor you had a headache, they jury will think that the medical records contradict your story and your credibility will suffer.
So remember, tell your doctor everything. Tell your doctor about how your injury occurred, when it happened, and report to your doctor all of your symptoms, whether you think they are minor or not. Let the doctor figure out if your complaints are major or minor.
When someone first sees a doctor on any visit, the doctor will more often than not take what is called a "history" from the patient. This basically means they are asking the patient why he/she came in, is the patient suffering from any problems (pains, illnesses, etc), and if so, when did they start and how did they come about. While the patient is giving his/her history, the physician is writing down what the patient is saying. It is very important that the patient gives a complete and accurate history to the physician. This is important for two reasons: 1. an accurate and complete history is necessary for the doctor to come to an accurate diagnosis and treatment plan (if the doctor doesn't know what is wrong, he can't very well treat it); and 2. this written history makes it onto the medical record, which will act as hard evidence of the injury later.
Every personal injury lawsuit will require the injured party to be able to prove that he/she is injured, and hard evidence in the form of medical records goes a long way to help. Certainly the injured party will testify, assuming he/she is able to, that he/she was injured and will talk about his/her injuries at trial. However, judges and juries will often look at plaintiffs skeptically.
Think about it this way: You are telling 12 people who don't know you that you were injured because of the Defendant and you should be compensated. Most members of the jury have likely heard a story or two about some plaintiff faking an injury, or have heard about frivolous lawsuits, or know someone who knows someone who won millions of dollars in a lawsuit. If the jury can't physically see the effects of your injuries, they will very likely think that you might be trying to get rich, or that you are faking the extent of your injuries. Even if this isn't true, as a plaintiff' it is your burden of proof; you must first prove all the elements of your case with a "preponderance of the evidence," including your injuries and the extent of the pain and suffering you suffered.
Medical records will help to support your testimony about your injuries. You testify that you suffered head injuries in a construction accident and were extremely dizzy and nauseous after the incident. When the jury views your medical records they will see what you told the doctor you were suffering from. If the history in your medical records says you were involved in a construction accident and were complaining of dizziness and nausea, then the jury will see that your story has been independently corroborated. If they see that the medical records only mention that you told the doctor you had a headache, they jury will think that the medical records contradict your story and your credibility will suffer.
So remember, tell your doctor everything. Tell your doctor about how your injury occurred, when it happened, and report to your doctor all of your symptoms, whether you think they are minor or not. Let the doctor figure out if your complaints are major or minor.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Thursday, June 11, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 2: Don't Wait to See A Doctor
When you are involved in a personal injury claim or lawsuit, you will be judged by the "reasonable person" standard. This standard can be very hard to meet, because it is often subjective (based upon who is applying the standard to you) and because most people believe they always behave as reasonable people do. However, one of the easiest ways to "act like a reasonable person" when you are injured is to seek medical treatment and seek it without delay.
Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.
Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.
It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.
If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.
Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.
Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.
It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.
If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Sunday, October 19, 2014
The Importance of Following Up with Your Doctor
Here is a situation that occurs all too often: Someone gets hurt. They go to the emergency room, or their primary care doctor. When the physician asks them about what is wrong, they play tough and give a general answer, and don't share all of the symptoms they are having. Or the doctor instructs them to return in a week, or two weeks, but several weeks, even months go by, before they make an appointment and come back to see the doctor, complaining that the pain is still there. Sometimes the doctor will instruct them to get an MRI, an X-ray, get physical therapy, and they put it off and never actually follow the doctor's orders. There are three common problems illustrated in this scenario: 1. Failing to fully disclose all symptoms to the treating physician; 2. Failing to make follow up appointments with their physician timely; and 3. Failing to follow their physician's instructions.
As if it isn't obvious, it is extremely important to listen to, and be completely honest with, your physician or hospital staff once an injury has occurred. For many this is obvious. However, very often life can get in the way of timely following up with your physician. Failing to follow your doctor's instructions, make follow up appointments, make all complaints known to your doctor, or return for additional treatment when symptoms persist can have dire consequences, both for your health and any potential claim you may have for personal injuries.
The most important reason that you should be fully upfront with your physicians, and follow the doctor's instructions, is for your own health. A doctor can't feel what is going on in your body. He or she doesn't know if you're having neck pain, or shoulder pain, or leg pain, or numbness, or whatever the symptom unless you tell your doctor. And if he or she doesn't know about the symptom, he or she cannot possibly provide an accurate diagnosis or treatment to make the pain go away. The longer an injury, no matter how slight you think it is, goes undiagnosed, the more likely it is to become a serious or chronic condition, requiring more invasive and extensive medical treatment to heal.
If your doctor instructs you to return in a few weeks, or instructs you to seek physical therapy, or radiological tests, it is because he or she believes that this is necessary for your injuries to heal properly. If you don't follow your doctor's instructions, it is extremely likely that your injuries will not heal properly, and again, they could easily become serious or chronic conditions.
The second reason to be fully upfront with your physician, and follow their instructions, is to protect your rights. If you are injured, and the injury gives rise to a claim, you have certain rights inherent in that claim. The medical records your physician creates when you visit are the evidence of your injury and of the treatment the injury required. It is not enough to simply say "I was injured, pay me." If it was that easy everyone in the country would be broke, for constantly paying out on injury claims. Injured parties have the burden to prove they were injured, to what extent they were injured, and that the medical treatment they received was reasonable for their injuries.
When a claim is made, the insurance company investigating the claim will be looking for any reason they can find to either not pay or pay less than they should. This is their business. One of the most cited excuses given by insurance companies for denying claims, or refusing to pay the full value of a claim, is because of gaps in the medical treatment (meaning weeks going by without a follow up appointment), inconsistencies in the patient's complaints to their physicians, and failure to follow a physician's instructions. Unfortunately, the reason this is effective is because juries generally don't look upon these things favorably. To a jury when a reasonable person is injured (reasonable person being the legal standard applied by juries to most civil cases), he or she will be completely honest with their physician and report ALL of their symptoms. To a jury a reasonable person will continue to make regular appointments with their doctors until their symptoms have completely healed. To a jury a reasonable person will listen to their doctor and follow their doctor's instructions completely. Whatever reason you may have for not being completely honest, or not following your doctor's instructions, or not making timely follow up appointments, a jury will likely not pay attention. They have already heard what they need.
When you are injured, your job is to heal. Do your job and let your doctor help you. When you are injured, the insurance companies job is to take diminish your claim. Don't do their job for them. As always, if you are injured and you believe it was due to the negligence of another party, make sure you speak with a licensed and competent attorney.
As if it isn't obvious, it is extremely important to listen to, and be completely honest with, your physician or hospital staff once an injury has occurred. For many this is obvious. However, very often life can get in the way of timely following up with your physician. Failing to follow your doctor's instructions, make follow up appointments, make all complaints known to your doctor, or return for additional treatment when symptoms persist can have dire consequences, both for your health and any potential claim you may have for personal injuries.
The most important reason that you should be fully upfront with your physicians, and follow the doctor's instructions, is for your own health. A doctor can't feel what is going on in your body. He or she doesn't know if you're having neck pain, or shoulder pain, or leg pain, or numbness, or whatever the symptom unless you tell your doctor. And if he or she doesn't know about the symptom, he or she cannot possibly provide an accurate diagnosis or treatment to make the pain go away. The longer an injury, no matter how slight you think it is, goes undiagnosed, the more likely it is to become a serious or chronic condition, requiring more invasive and extensive medical treatment to heal.
If your doctor instructs you to return in a few weeks, or instructs you to seek physical therapy, or radiological tests, it is because he or she believes that this is necessary for your injuries to heal properly. If you don't follow your doctor's instructions, it is extremely likely that your injuries will not heal properly, and again, they could easily become serious or chronic conditions.
The second reason to be fully upfront with your physician, and follow their instructions, is to protect your rights. If you are injured, and the injury gives rise to a claim, you have certain rights inherent in that claim. The medical records your physician creates when you visit are the evidence of your injury and of the treatment the injury required. It is not enough to simply say "I was injured, pay me." If it was that easy everyone in the country would be broke, for constantly paying out on injury claims. Injured parties have the burden to prove they were injured, to what extent they were injured, and that the medical treatment they received was reasonable for their injuries.
When a claim is made, the insurance company investigating the claim will be looking for any reason they can find to either not pay or pay less than they should. This is their business. One of the most cited excuses given by insurance companies for denying claims, or refusing to pay the full value of a claim, is because of gaps in the medical treatment (meaning weeks going by without a follow up appointment), inconsistencies in the patient's complaints to their physicians, and failure to follow a physician's instructions. Unfortunately, the reason this is effective is because juries generally don't look upon these things favorably. To a jury when a reasonable person is injured (reasonable person being the legal standard applied by juries to most civil cases), he or she will be completely honest with their physician and report ALL of their symptoms. To a jury a reasonable person will continue to make regular appointments with their doctors until their symptoms have completely healed. To a jury a reasonable person will listen to their doctor and follow their doctor's instructions completely. Whatever reason you may have for not being completely honest, or not following your doctor's instructions, or not making timely follow up appointments, a jury will likely not pay attention. They have already heard what they need.
When you are injured, your job is to heal. Do your job and let your doctor help you. When you are injured, the insurance companies job is to take diminish your claim. Don't do their job for them. As always, if you are injured and you believe it was due to the negligence of another party, make sure you speak with a licensed and competent attorney.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Tuesday, June 17, 2014
Continued Trouble for GM - Watch Out for More Recalls
About 4 months ago, General Motors made national headlines when it began recalling 2.6 million vehicles due to problems with the vehicles' ignition switches. The ignition problems, which many have called negligent designing and manufacturing by GM, had caused an estimated 54 car crashes and 13 deaths. But GM's problems are not over, and neither are the worries of GM customers.
On Monday, June 16, 2014 GM issued yet another recall due to problems with GM vehicles' ignition switches. For this recall, the 44th GM has issued this year, covers an additional 3.4 million vehicles. The latest GM recall covers the following models:
- 2005-2009 Buick Lacrosse
- 2006-2014 Chevrolet Impala
- 2000-2005 Cadillac Deville
- 2004-2011 Cadillac DTS
- 2006-2011 Buick Lucerne
- 2004-2005 Buick Regal LS & GS
- 2006-2008 Chevrolet Monte Carlo
The initial recall was due to problems with the ignition, which has been shown to switch from the "run" position without notice, causing an engine stall. This recall, however, is due to problems with the design of the car keys, which can cause the vehicle to switch out of the "run" position due to excess weight or a sudden bump or shake. This can cause the car to stall, power steering to shut off, and drivers to lose control. According to reports, the key problems have caused 8 crashes and 6 injuries.
If you, or someone you know, owns or operates one of the GM vehicles covered by the recall, please make sure to check the General Motors website or a local GM dealer for recall information. And, as always, if you or someone you know has been injured in a car accident, related to these problems or otherwise, contact a licensed and competent attorney.
(Information obtained from NBC news.com)
On Monday, June 16, 2014 GM issued yet another recall due to problems with GM vehicles' ignition switches. For this recall, the 44th GM has issued this year, covers an additional 3.4 million vehicles. The latest GM recall covers the following models:
- 2005-2009 Buick Lacrosse
- 2006-2014 Chevrolet Impala
- 2000-2005 Cadillac Deville
- 2004-2011 Cadillac DTS
- 2006-2011 Buick Lucerne
- 2004-2005 Buick Regal LS & GS
- 2006-2008 Chevrolet Monte Carlo
The initial recall was due to problems with the ignition, which has been shown to switch from the "run" position without notice, causing an engine stall. This recall, however, is due to problems with the design of the car keys, which can cause the vehicle to switch out of the "run" position due to excess weight or a sudden bump or shake. This can cause the car to stall, power steering to shut off, and drivers to lose control. According to reports, the key problems have caused 8 crashes and 6 injuries.
If you, or someone you know, owns or operates one of the GM vehicles covered by the recall, please make sure to check the General Motors website or a local GM dealer for recall information. And, as always, if you or someone you know has been injured in a car accident, related to these problems or otherwise, contact a licensed and competent attorney.
(Information obtained from NBC news.com)
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Monday, May 12, 2014
Safe Driving Tips During a Storm
The summer is finally here, and it brings with it a mass of warm and violent summer storms. Driving during a rain/hail/thunder storm can be just as dangerous as driving on snow and ice. What makes driving during a summer storm even more hazardous, however, is that many people don't quite fully realize the danger. Rain and hailstorms can bring hazards in the form of lowered visibility, increased distance required to stop a vehicle, the potential to hydroplane, and a host of other dangers.
The first tip for safe driving during a storm is, obviously, plan your trip ahead of time to avoid storms if at all possible. However, even the best of us will find ourselves from time to time driving down a highway during a torrential downpour. This is where these tips will become useful.
- Make sure your headlights are turned on
- Turn on your windshield wipers
- Slow down. Don't brake hard, instead take your foot off the gas and slowly reduce your speed. Braking too fast on wet roads can cause you to lose control of your vehicle
- Give yourself a greater distance to brake
- If necessary, pull your vehicle over to the side of the road or into a covered garage or underpass until the storm passes. If you pull over to the side of the road, make sure to activate your emergency flashers
- Keep an eye out for hazards on the road, including downed power lines, debris, puddles, and other vehicles.
- Finally, keep your radio tuned to local news or weather reports for news of the storm and emergency notifications.
Drive safe! Should anything happen, take care of yourself, get any medical attention necessary, and contact a licensed attorney in your area.
- Make sure your headlights are turned on
- Turn on your windshield wipers
- Slow down. Don't brake hard, instead take your foot off the gas and slowly reduce your speed. Braking too fast on wet roads can cause you to lose control of your vehicle
- Give yourself a greater distance to brake
- If necessary, pull your vehicle over to the side of the road or into a covered garage or underpass until the storm passes. If you pull over to the side of the road, make sure to activate your emergency flashers
- Keep an eye out for hazards on the road, including downed power lines, debris, puddles, and other vehicles.
- Finally, keep your radio tuned to local news or weather reports for news of the storm and emergency notifications.
Drive safe! Should anything happen, take care of yourself, get any medical attention necessary, and contact a licensed attorney in your area.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Saturday, March 29, 2014
New Year's Resolutions 5 of 5: Get Fit - Injuries at the Gym
For Eckert & Smestad's fifth and final blog in our New Year's Resolution series, we focused on another very popular resolution: getting fit. Many people have seen this phenomenon - beginning around January 1 or 2 every year, gym memberships increase drastically, gyms become more crowded, and personal trainers' schedules start booking up. People who may have little or no experience with personal training and modern fitness equipment venture into the world of fitness, and unfortunately, this can result in severe health risks and injuries. The way the law treats a person who is injured while exercising at a gym or with a personal trainer can be very different from the way the law treats a person who is injured in another situation.
Typically, when a person is injured on someone else's property or due to another's negligence, the injured party may recover financial compensation from the property owner or negligent party for the injuries sustained and the effects the injury has had on his or her life. According to the law in Illinois, one must first prove: 1. that the property owner or negligent party owed the claimant a duty of care, 2. the property owner or negligent party breached, or failed to satisfy, this duty of care, 3. the claimant suffered injuries, and 4. the property owner's/negligent party's breach of duty was the cause of the injuries suffered by the claimant. These same basic legal principles apply to injuries suffered while at a gym or under the guidance of a personal trainer. However, there are some very important differences to note.
First, most gyms have some sort of disclaimer covering its members and customers for injuries they may sustain while at the gym or using personal trainers employed by the gym. The case of Hussein v. LA Fitness (2013 IL App. 1st) (2013) upheld the applicability of disclaimers to avoid liability on the part of the gym for injuries sustained by its members. In lay terms, this means that if you sign a gym's disclaimer, and are subsequently injured while at the same gym, the disclaimer is a valid defense the gym can use to avoid having to compensate you for your injuries. There may be a way to overcome this defense, however, it will require significantly more culpable action, such as possibly willful and wanton, or even intentional conduct, on the part of the gym or its employees. This is the same with the use of personal trainers. It is advisable that one reads any disclaimers thoroughly before signing, so that one understands their rights.
Second, in Illinois and many other states, property owners and negligent party's may assert a defense known as comparative negligence. This defense alleges that the injured party's own negligence contributed to his/her injuries, at least in part, and any recovery obtained by the injured party should be reduced by the comparative amount of negligence attributed to the injured party. For example, if you are injured while using a particular piece of gym equipment which you allege was defective, and you were recovered, say, $100,000.00 in financial compensation for these injuries at trial. But if the gym owner can prove that you were using the equipment improperly, and that this improper usage was 25% of the cause of your injuries, the gym owner would only be required to pay you $75,000.00 ($100,000.00 minus 25%).
There is also another important aspect of this defense to be aware of. In this same example, say the gym owner can prove that this improper usage was 51% or more of the cause of your injuries, the gym owner will not be required to compensate you at all. Again, this is the same with the use of personal trainers. It is advisable that one knows how to properly use all gym equipment, perform all exercises, and acts with due care for one's own safety while at the gym or using a personal trainer.
Typically, when a person is injured on someone else's property or due to another's negligence, the injured party may recover financial compensation from the property owner or negligent party for the injuries sustained and the effects the injury has had on his or her life. According to the law in Illinois, one must first prove: 1. that the property owner or negligent party owed the claimant a duty of care, 2. the property owner or negligent party breached, or failed to satisfy, this duty of care, 3. the claimant suffered injuries, and 4. the property owner's/negligent party's breach of duty was the cause of the injuries suffered by the claimant. These same basic legal principles apply to injuries suffered while at a gym or under the guidance of a personal trainer. However, there are some very important differences to note.
First, most gyms have some sort of disclaimer covering its members and customers for injuries they may sustain while at the gym or using personal trainers employed by the gym. The case of Hussein v. LA Fitness (2013 IL App. 1st) (2013) upheld the applicability of disclaimers to avoid liability on the part of the gym for injuries sustained by its members. In lay terms, this means that if you sign a gym's disclaimer, and are subsequently injured while at the same gym, the disclaimer is a valid defense the gym can use to avoid having to compensate you for your injuries. There may be a way to overcome this defense, however, it will require significantly more culpable action, such as possibly willful and wanton, or even intentional conduct, on the part of the gym or its employees. This is the same with the use of personal trainers. It is advisable that one reads any disclaimers thoroughly before signing, so that one understands their rights.
Second, in Illinois and many other states, property owners and negligent party's may assert a defense known as comparative negligence. This defense alleges that the injured party's own negligence contributed to his/her injuries, at least in part, and any recovery obtained by the injured party should be reduced by the comparative amount of negligence attributed to the injured party. For example, if you are injured while using a particular piece of gym equipment which you allege was defective, and you were recovered, say, $100,000.00 in financial compensation for these injuries at trial. But if the gym owner can prove that you were using the equipment improperly, and that this improper usage was 25% of the cause of your injuries, the gym owner would only be required to pay you $75,000.00 ($100,000.00 minus 25%).
There is also another important aspect of this defense to be aware of. In this same example, say the gym owner can prove that this improper usage was 51% or more of the cause of your injuries, the gym owner will not be required to compensate you at all. Again, this is the same with the use of personal trainers. It is advisable that one knows how to properly use all gym equipment, perform all exercises, and acts with due care for one's own safety while at the gym or using a personal trainer.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
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