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IL injury lawyerNow that the weather is warmer and days are sunnier, more children and their caretakers are flocking to playgrounds. What should be a fun day outside, can turn into a disaster pretty quickly. According to the Centers for Disease Control and Prevention (CDC), there are more than 200,000 children who are treated for playground-related injuries at emergency departments each year. Of those 200,000 children, nearly half (46 percent) are treated for severe injuries, such as fractures, internal injuries, dislocations, and amputations. The CDC also states that around 75 percent of nonfatal playground injuries occur on public playgrounds, with most occurring at schools and daycare centers.

When your child is injured while in your care or the care of others, it can be an emotionally and financially stressful experience. Fortunately, there are things you can do to help recover some of the costs and damages associated with the injuries your child sustained.

Common Playground Hazards

There are many reasons why a playground could be unsafe and dangerous for children. Most of the time, a hazardous playground is one in which the responsible property owners do not keep up with the maintenance of the playground equipment. Some common examples of playground hazards that could cause injury include:

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Il injury lawyerSummer is on its way, temperatures are heating up and many people are taking to swimming pools to cool down. While swimming pools are a fun way to beat the heat, they can be dangerous. According to the National Safety Council, there are more than 7,000 deaths from drowning that occur throughout the country each year. Most of these deaths occur to children who are under the age of 5. In fact, drowning is the leading cause of death and injury to children who are under the age of 5. Almost all swimming pool accidents are preventable, so it is important to understand what you can do if you or your child has been injured or has died in a swimming pool accident.

Causes of Swimming Pool Accidents

Swimming pool accidents are almost always preventable, which is why it can be so devastating when an accident happens. Some of the most common causes of swimming pool accidents include:

  • Inadequate lifeguard supervision
  • Lack of or inadequate markings or barriers dividing the shallow section of the pool from the deep section
  • Missing safety equipment, such as life jackets or life rings
  • Lack of gating, fencing or pool covers

Proving Negligence

To have a successful swimming pool accident claim, you must prove that the property owner was negligent and knew about certain dangerous conditions that were present on his or her property. The Illinois Civil Jury Instructions state that negligence is “a failure to do something which a reasonably careful person would do.” For example, most people would understand that swimming pools pose a danger to children and would have a fence or pool cover on the pool when it was not in use. If a child were to drown in a pool that did not have these safety features, you may be able to claim that the property owner was negligent.

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IL defense lawyerWhen it comes to premises liability in Illinois, the duty of care that property owners owe those who are on their property changes in certain situations. The level of liability you have to an occupant on your property depends on whether or not the person was a trespasser on your property. If the person was lawfully on your property, you have the responsibility of exercising ordinary care to ensure the property is reasonably safe. If the person is a trespasser, you are only responsible for refraining from willful or wanton conduct. When it comes to a child trespasser, the rules are slightly different.

What is the “Attractive Nuisance” Doctrine?

When it comes to children trespassers, the laws pertaining to the property owner’s duty of care are slightly different. Rather than having strict liability, a property owner can be accused of negligence if they knew or should have reasonably known that there was a condition present on their property that posed a risk of injury to children. The reason why there is a difference in how adult and child trespassers are treated is that children often do not have the ability to recognize certain hazards or understand the consequences of their actions.

The property owner has the responsibility of anticipating that a child could trespass and become hurt because of a condition that existed on their property. The Illinois Civil Jury Instructions state that the degree to which the property owner will be held responsible depends on the risk of injury to the child relative to the cost or inconvenience to remedy the dangerous condition that was present on the property. If the cost or inconvenience to remedy the condition is minimal, the property owner has a duty to do so.

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Proving Premises Liability in Illinois

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Il accident lawyerAccidents are called accidents for a reason -- they happen unexpectedly. When it comes to accidents that occur on private property in Illinois, accidents can range from slipping on ice and snow in the winter to drowning in a swimming pool. Premises liability is the idea that property owners are responsible for accidents that occur on their property. The Illinois Premises Liability Act contains information about responsibility and negligence when it comes to maintaining property and allows those who are injured on another’s property to pursue compensation.

Owner Responsibilities

The Premises Liability Act states that property owners have a duty to those who are on their property to take “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” This means that property owners are required to ensure their property is physically safe for others to be on. It also means that property owners are responsible for overseeing the acts of others while they are on their property.

Elements of a Successful Premises Liability Case

If you have been hurt while on another’s property, you may have grounds for a premises liability lawsuit. There are certain elements that must be present in order to have a successful outcome of a premises liability case. To win a premises liability case, you must prove that:

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IL injury lawyerCar accidents can be deadly events. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 37,000 Americans killed in traffic crashes in 2017. Even in traffic crashes that did not involve a fatality, there were more than 2.7 million people injured in traffic crashes in 2017. Depending on the factors surrounding the accident, injuries range from bruises and superficial cuts to internal bleeding and traumatic brain injuries. One of the most common traumatic brain injuries resulting from car accidents are concussions.

What Is a Concussion?

A concussion is a type of traumatic brain injury that occurs when the brain is jostled and the fragile tissue of the brain hits the walls of the skull. This commonly occurs when a person sustains a blow to the head, but violent shaking of the head and/or upper body can also result in a concussion. Symptoms can appear right away or they can take time to develop. Symptoms typically dissipate, but it can take days, weeks or even longer for that to happen.

Signs of a Concussion

There are quite a few symptoms that can manifest if you are suffering from a concussion. Some can be obvious and others are not so obvious. Here are a few warning signs you may be experiencing a concussion:

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