Chicago Injury Lawyer Blog

At this time of year, I like to reflect upon past blog posts. This one stays with me, every day. As a parent and a Chicago personal injury lawyer accidents involving children have a profound impact on me. Take the time and read the blog post below.

When I think of summer, I think of Camp Wayne in Preston Park, PA. That is where my fondest childhood memories are from. Sun up until sun down, my days were filled with many activities. I lived for that! As campers we spent hours playing baseball, basketball and soccer. One of the highlights of the day was heading down to the lake for a swim. That exhilarating feeling when you jumped in the cold water after a sweltering hot day. Nothing else could compare.

Last week, a Buffalo Grove teenager drowned while swimming in a lake at a Michigan sleepover camp. The accidental drowning occurred last Wednesday night at the Greenwoods Camp on Lake of the Woods in Decatur. Jacob Waxberg of Buffalo Grove, IL was 15-year-old veteran camper. Michigan State Police and the Michigan Department of Human Services are investigating the drowning.

Sources have reported that the victim was participating in a camp swim at dusk. At this moment, limited information is available as to the exact time of the swim. The police reported that they received a 911 call around 10 p.m. Much of the details surrounding the drowning are unclear at this moment. It has been reported that the teenage boy was observed struggling moments before he vanished from the water's surface. After an exhaustive search effort, Michigan police found the victim's body at the bottom of the lake. After exhausting all emergency efforts by paramedics, the victim remained unconscious. He was later pronounced dead at a local Michigan hospital.

After hearing of the drowning, what stood out in my mind was the time the organized swim was conducted. State licensing regulations for summer camps strictly mandate that a camp may not conduct swim programs during night time hours. Swimming pools can be used during night time hours, if they are equipped with underwater illumination. A spokesperson for Greenwoods Camp said there were floodlights in the area at the time of the swim. Was there under water illumination as per state law? The drowning accident is still under investigation. If the victim was participating in a nighttime swim, the camp violated state law.

The second issue that arises from this tragic accident is whether the swimmers were appropriately monitored. They should have been monitored by lifeguards and camp personnel. By law, it is the camp's responsibility to keep their campers out of danger and harm. They also need to ensure that the staff is properly trained. Lake swimming presents a danger to all swimmers. Could the lack of oversight and improper training be a factor in this victim's drowning? Camps are required to make sure that all lifeguard staff are adequately trained and prepared to respond to any emergency situations.

Deadly drowning accidents like this one serve as a reminder of the dangers that can occur at any summer camps. Every summer children all over the US look forward to staying at overnight summer camps. Parents put their trust in the camp owner's hands. Summer camps are often the sites of numerous personal injuries and even deaths. It is reported that a substantial amount of injuries occur in lakes and swimming pools. The issue at hand is their adequate ratio of swimmer and lifeguard. In some circumstances, several young campers are under the care of a single lifeguard or counselor. How well trained are they to handle multiple small children? The risk of serious injury is extremely high, the majority of drowning victims that survive still may suffer from brain injury, spinal cord injury, fractures, and other serious personal injuries.

As a Chicago injury and accident attorney, I understand that parents should be aware that camp rules and regulations vary from state-to-state. Currently, there are no federal regulations for summer camps. It is reported by The American Camp Association that only 25 percent of summer camps throughout the country are accredited. What amazes me is that over 75% of camps fail to meet the association's health and safety standards. Accidents can occur at anytime and anywhere. What is negligence, is when a camps failure to take reasonable steps to protect the health and safety of campers.

This blog is dedicated to the memory of Jacob Waxberg. Nemeroff Law Offices extends its condolences to the Waxberg family.

Source:
Teen drowns at local camp,WWMT.Com, July 21, 2011 6:06 PM

Who doesn't enjoy jumping into a refreshing cold pool on a hot summer day? Do we think of the dangers that may arise out of this simple action? Swimming pool accidents include diving accidents, water contamination, and drowning. You are probably wondering, why are we talking about pools as we head into the winter months? For some reason this topic came to my mind recently. I thought I would post some information to remind pool owners of the importance of this recall.

Over the summer, the U.S. Consumer Product Safety Commission announced the recall of 1 million spa and pool drain covers. These drain covers were installed by many pool owners as an additional safety feature. They were installed to prevent an entrapment hazard. It has been reported by federal regulators that these drain fail to prevent entrapment of a swimmer. Bottom line, you have installed this extra preventive measure, now you are told that it is unsafe?

Think of your pool drains as a vacuum. If the drain covers are malfunctioning, the drain of a pool or recreational spa can react like extremely high powered vacuum cleaners. The drains are functioning with hundreds of pounds of suction force. Couple this with an improperly fitted or malfunctioning drain cover. Due to the improper fit of the drain cover, the drain can easily pull something towards it with great force and trap a swimmer under water.

If you are a pool owner, it is imperative that you replace the malfunctioning drain cover (safety feature). Malfunctioning drain covers can cause swimmers to get trapped underwater. In the most serious cases it can lead to drowning. The drain covers are very inexpensive. They need to be installed properly for optimal functioning. It is suggest that you hire a professional to replace or refit the covers. Many pool owners feel that this is a costly maintainence, it can save a life. According to the terms of the recall the labor expense will be covered by the manufacturers. The drain covers from this recall are made by eight manufacturers. For additional information contact the Consumer products recall website.

As a Chicago injury lawyer, I realize that owning a swimming pool can provide endless hours of summer enjoyment and fun for your family. Every year many swimmers, the majority being young children, are injured or die in swimming pool-related accidents. Swimming pool accidents can also include diving accidents. These are the leading cause of injury from a swimming accident. Other serious injuries can occur in and around a swimming pool.

Swimming pool accidents include:
• Sprains
• Broken bones
• Spinal cord injury
• Head injury
• Traumatic Brain Injury
• Electrical shock
• Drowning and death

According to Chicago swimming pool accident lawyer David Nemeroff most drowning's happen in an instant. They usually occur with a supervising adult. Any child should not be left unattended in a swimming pool. Not even for a brief second. Also property owners need to provide proper barriers and pool fencing. This safety feature is vital in preventing an unaccompanied child from gaining access to the pool area. As a property owner it is your responsibility to provide a safe swimming environment for all swimmers. This includes both children and adults.

When swimming in a public pool, be sure to look for the pool rules. They should be posted in a visible location for all swimmers to see. The rules are to warn swimmers of the dangers involved in swimming, running or diving in shallow water. All public pools are required by law to post signs regarding the status of lifeguards.

Source:
Drain cover recall, Chicago Tribune, May 26, 2011

As we head into the month of November and Thanksgiving fast approaching this story caught my eye. A truck driver driving on 1-75 flew into the path of a turkey. The turkey did not survive, the truck driver suffered minor injuries. This brings to mind, the unexpected dangers that drivers can encounter on rural roads. Just last week, a deer caused a fatal crash involving a van and a semi trucker. Those passengers were not so lucky. At least six members of a Chicago family died from the catastrophic injuries they suffered as a result of the fatal encounter with a deer.

This may be a good time to remind drivers of some simple safety precautions to take while driving on rural roads. Many families will be heading to the roads to travel for Thanksgiving. According to State Farm Insurance the incidence of car and deer crashes is highest in the month of November. More fatal car accidents occur during the fall. This made me think. Deer tend to be most active during dawn and dusk hours. You are most likely to see a deer at these times of day. During the deer breeding season which is October until late December, deer are on the move and active. Deer-car collisions are the highest during these months. Deer rarely travel alone. If you see one, another may not be far away.

How can we as drivers prevent an accident with a deer or turkey that has suddenly come across our path? Think fast, what you do in this split second many save your life. Beware of areas that have a large deer population. Look for the deer crossing sign's, these can alert you to these areas of dense deer population. When entering this area, be alert and reduce your speed. This will give you a greater reaction time, should you encounter an animal. As with any car travel, buckle up. Seat belts have been proven to be the most effective safety precaution a driver can take. If possible, use your high beams to increase your area of visibility. If you encounter a deer stopped on the road. Slow down and flash your lights. Or you can honk your horn. Both of these techniques have been shown to cause the deer to move, if frozen in the road.

If you do have a collision with a deer, remain calm. Call for emergency services, if anyone is injured. As a Chicago injury and accident lawyer, I know that this can be a frightening experience. Remaining calm and thinking fast will improve your odds of avoiding a collision. Always, remember the number one safety device that saves lives, is the seatbelt. As with any collision whether it's with another automobile or an animal on the road, your injuries could be severe. If you are involved in this type of collision and have suffered an injury it is best to consult with an experienced injury attorney.

Buckle up, it has been proven to save lives.

Source:
http://www.kypost.com/dpps/news/local_news/turkey-flies-into-path-of-semi-on-i-75_6889387#ixzz1csasSY3v

I was recently asked what made me become lawyer? I didn't have to think but for a moment for the answer. Those that know me know I became a personal injury lawyer after suffering my own personal injuries from a head-on collision with a drunk driver. I spent over a month in the hospital. I then came home in an ambulance and spent most of the next six months in a hospital bed in my living room, unable to do what we all take for granted; getting out of bed, sitting in a chair, taking care of myself and walking. Despite all of this, I was considered one of the lucky ones. How could I be considered lucky? On the other hand, thousands of victims lose their lives because of the wreckless actions of drunk drivers.

During my lengthy recovery, I had many interactions with personal injury attorneys. Some were positive, others were not. I made a conscious decision while recovering from my injuries that I would become a lawyer and devote my career to helping accident victims. I have kept true to this promise. I decided not to remain a victim, but to rebuild my life and devote my career to helping others achieve justice for the negligent behavior of others. I started my career working for two prestigious Chicago personal injury firms. When I was ready, I decided to strike out on my own. Nemeroff Law Offices opened its doors to clients in January, 2000. Today, my law firm is recognized as one of the leading plaintiff's personal injury law firms in Chicago.

Nemeroff Law Offices handles personal injury, wrongful death, workers' compensation and medical malpractice cases in Chicago. We serve all the counties in the State of Illinois. We have successfully recovered millions of dollars in settlements and jury verdicts for our clients. Through many years of hard work and dedication, I have become a well-respected trial attorney in the Chicago legal community. I am honored to be recognized for three straight years as an Illinois Super Lawyer, an award bestowed on only 5% of all Illinois lawyers. I have also been selected as a Top 100 Trial Lawyer by the National Trial Lawyers Association. Our law firm is committed to providing our clients with a level of excellence that is rare to find in a busy practice. Each client case is handled with dignity and respect.

Various members of our staff are fluent in Spanish, Russian and Polish. We also have an Arabic and Korean translator available to help communicate with our clients. We represent a wide variety of people from different ethnic backgrounds. We have literally represented clients who were born all over the world. We have had great success with our English speaking clients as well as those clients to whom English is not spoken or is a second language. Our firm handles a wide variety of cases, from those involving wrongful death to those involving personal injury. We handle injury cases in all shapes and sizes, including those that resolve for in excess of one million dollars or more to smaller cases worth one hundred thousand dollars or more. We also handle smaller injury cases for our clients.

The key to a successful injury case, be it large or small, is thorough preparation. By preparing our cases with great detail, we put ourselves in the best position to force an insurance company to settle the case. In those rare instances where we can't get a fair settlement, we will take the case to trial to ask a jury to award fair damages for our client.

As a injury and accident attorney in Chicago, I am proud of what I do and how I help people. When my ten year old son asks me what I do for a living, I tell him that I help people solve their problems. As a top Chicago personal injury lawyer, I am proud of all my success and all that my firm has been able to accomplish for our inured clients or the families of those who have been wrongfully killed.