November 23, 2008

City of Chicago has laws in place to make winters easier on handicapped

Snowy sidewalks make city life difficult for the Chicago’s handicapped population. Unfortunately there are no Chicago laws that require owners of private property to remove snow from private walks and drives however, under the Chicago City Code, landlords are required to keep emergency exits accessible. Clearing snow and ice from building doors and steps fall under that category.

Local fair housing laws closely mirror federal requirements that landlords provide "reasonable accommodations" for renters with disabilities. The goal is to allow a disabled tenant to "enjoy" the property equally as all the other tenants, but not be given overly burdensome favors. Under Illinois law, in certain circumstances, owners who do a careful job of snow removal from public walks are protected from personal injury lawsuits.

Most court decisions require a tenant to put requests for accommodation in writing to trigger their rights—but the accommodations that are required vary case by case. If you have been injured as a result of a fall at someone else’s property, the Premises Liability attorneys at Hurley McKenna & Metz, PC may be able to help. Please contact us at (312) 553-4900 for a consultation.

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November 21, 2008

$11 million settlement reached in Chicago Metra wrongful death suit

An $11 million settlement was approved in two wrongful death lawsuits arising from the 2005 Metra derailment in Chicago that killed two women and injured 117 other passengers.

According to reports, on Sept. 17, 2005, a five-car Rock Island Line Metra train heading from Joliet to downtown Chicago derailed at a South Side track crossover, where the maximum allowable speed was ten miles per hour. The train was traveling at 69 miles per hour and twisted off the rails and skidded, which forced the fourth and fifth cars to break away. The two passengers who died were riding in the fourth car, which crashed into a steel bridge.

The National Transportation Safety Board blamed the Metra engineer's failure to heed a crucial signal and the commuter rail agency's lack of a system to override human error as key reasons for the derailment.

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November 17, 2008

ELECTRA BIKE RECALL EXPANDED

We previously posted on the Electra Bicycle Co’s Amsterdam bicycle recall. More recently, the U.S. Consumer Product Safety Commission announced an expanded voluntary recall of these bikes due to a risk of injury.

About 1,500 bicycles are involved in the new recall including Classic 3, Original 3, Royal 8 and Sport 3 models. 9,500 bicycles were recalled in the initial recall.

The bicycles were sold January 2007 through June 2008 for $400-$850 and have enclosed chain guards. The words "Electra" and "Amsterdam" are printed on the bicycle frame or the chain guard and sometimes on both. Apparently, the chains on the Amsterdam bicycles can derail, possibly causing an injury to riders.

Consumers are advised to stop using the bicycles and contact Electra for a free inspection and repair. Consumers can call 800-261-1644 for information.

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November 16, 2008

MANUFACTURERS RECALL COUGH MEDICINES USED FOR SMALL CHILDREN

Chicago families should be cautious about giving their infants and toddlers cough medicines in light of reports that the makers of several leading over-the-counter cold medications are voluntarily withdrawing products sold for infants. The Consumer Healthcare Products Association said the products were being withdrawn "out of an abundance of caution" and insisted the products are safe when used as directed.

This withdrawal comes after the U.S. Food & Drug Administration recommended last month that parental “consult your physician” warnings be dropped in exchange for adding a warning not to use cough medicines for children under the age of two in its place. After reviewing reports of side effects over the last four decades, the FDA found 54 child fatalities from over-the-counter decongestant medicines and 69 reports of children's deaths connected with antihistamines, which are used to treat runny noses.

The lists of the companies voluntarily withdrawing their cough medicines include Dimetapp, Little Colds, Pedicare, Robitussin, Triaminic and Tylenol. More specifics about which products were pulled can be found here.

"The reason the makers of over-the-counter, oral cough and cold medicines for infants are voluntarily withdrawing these medicines is that there have been rare patterns of misuse leading to overdose recently identified, particularly in infants, and safety is our top priority," CHPA president Linda A. Suydam said in a statement.

CVS stores planned to stop selling the withdrawn products and store-brand equivalents, it said. Refunds are being offered if customers return the products.

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