Chicago Injury Lawyer Blog

The Chicago Tribune reported last week that drain covers in pools and spas are being used even though the product “underwent flawed safety evaluations, then failed subsequent, more stringent, tests.” (P. Callahan, 2/7/11). The Consumer Product Safety Commission, which regulates pools, “has received complaints for two years that some models weren't working properly…but the CPSC didn't launch an investigation until July.”

Subpoenas obtained by the Tribune show the CPSC “is investigating whether differing testing procedures at independent labs allowed drain covers to be sold even though they don't comply with the law.”

The Tribune reporter found that AquaStar Pool Products Inc., “which makes some of the more popular drain covers, did not issue a warning to the public after one of its products failed tests at independent labs last year. Nor did the company widely recall the product.” As a personal injury attorney in Chicago, I find this conduct wholly unacceptable. I encourage all pool and spa owners to research their drain covers to ensure that they have fully tested, safe models. As always, use pools and spas carefully, especially when children are present.

Continue reading "Dangers Lurking under water" »

Although swimming pool safety has improved, all summer swimmers should swim with caution, and parents must pay close attention to their children. A heart-breaking story of a boy drowning led two Connecticut parents to spread the word about swimming pool safety. As
a personal injury attorney, I join them in their mission to keep kids safe while swimming.

Karen and Brian Cohn of Greenwich, Connecticut, who lost their 6 year old son, Zachary, in a swimming pool accident three years ago after his arm became trapped in a suction drain, are “campaigning for tougher laws and to raise awareness about the dangers that surround pools.” (J. Christoffersen ,AP, 8/2). The Cohns, formed The Zac Foundation in memory of their son Zac, have turned their efforts towards adamantly fighting what they say are “efforts to weaken pool safety laws.” Although a spokeswoman for the pool industry denies any efforts to weaken pool safety, I, like the Cohns, believe you can never be too safe, and one life lost is one life too many.

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.