When you go to the doctor you often have to sign forms including a consent for treatment. These forms usually include some fine print at the bottom that people do not always read. These forms can be considered to be “documents of adhesion”. This means that the services rendered are on their terms, in essence it is a “take-it or leave-it” basis with no opportunity to negotiate.

Last week, in Williamson v. Mazda Motors of America, the United States Supreme Court reversed a California appeals court decision and allowed a California personal injury motor vehicle lawsuit to proceed. The lawsuit was grounded in allegations that the defendant failed to install lap and shoulder seatbelts in the rear seats of the vehicle in […]

Videotaping a child’s birth used to be commonplace. It was one of the joys of modern parenting. However more and more often, hospitals have forbidden the practice, in large part because of liability concerns. A recent New York Times article explored this trend and its connection to the fear of medical malpractice lawsuits: Judging How […]

Earlier this month we predicted that in 2011 there will be increasing backlash against fast food, particularly when marketing it toward children. By way of example, we cited the recently enacted San Francisco ban of McDonald’s Happy Meals. Now, in keeping with this trend, a Sacramento women, Monet Parham, has filed a class action lawsuit […]

What is a Class Action law suit? This is when multiple parties have a common cause of action and they are collectively filing a lawsuit together. The reason for filing together or as in a Class Action is, in many instances, it is not economical to file individual claims, and the impact can be greater by submitting the claims together. Over the past few years changes have been made in the rules; now consumer organizations may bring claims on behalf of large groups of consumers.

A former Illinois State Trooper, Matt Mitchell, recently filed for workers’ compensation benefits stemming from injuries sustained when he caused a car accident while on duty as a state trooper 2 years ago. As explained in this AOL News article, the car accident occurred when he was responding to an emergency call. He was talking […]

The First District Appellate Court of Illinois recently addressed the liability of a property owner for negligently maintaining its premises in Morrissey v. Arlington Park Racecourse LLC, No. 1-09-3460 (2010). In Morrissey, the plaintiff was injured when the horse he was riding slipped and fell. The plaintiff filed a personal injury lawsuit, alleging that the […]

It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses or parties to a lawsuit publicly post about their activities and whereabouts, the information can be used to dispute claims of injury […]

Over the last month we discussed two different Illinois personal injury cases addressing the liability of parties who provided alcohol to someone who then left the premises and caused a deadly automobile accident. This is an issue that is becoming more frequently litigated, in part because of the tragic consequences–which are especially apparent when the […]

The Appellate Court of Illinois, First District, recently addressed the issue of whether a release signed by a plaintiff before she embarked on a paid tour of Chicago precluded her from bringing a personal injury lawsuit based on injuries that she sustained during the tour. The facts in the case, Hamer v. City Segway Tours […]