Ultrahazardous Activities and the Law

Ultrahazardous activities present interesting liability issues.  (The Second Restatement of Torts uses the phrase"abnormally dangerous" instead of the more traditionally used "ultrahazardous.")  Torts caused by ultrahazardous activities may be brought under a theory of strict liability.

Tort claims brought under a theory of strict liablity are commonly defended under theories that show the plaintiff assumed some risk of the ultrahazardous activity.  However, contributory negligence is not an applicable defense or mitigating factor to a case brought under a theory of ultrahazardous strict liability.

Types of ultrahazardous activities include: use of explosives, demolitions, use of radioactive materials, keeping of wild animals, use of hazardous chemicals, keeping domesticated animals who are known to be dangerous.

If you or a family member have questions concerning an injury or loss related to an ultrahazardous activity, contact an attorney at Law Offices of Adam J. Zayed, P.C. at 312.726.1616.

Bringing the Product Liability Case: Strict Liability

Illinois case law has approved the elements in the Second Restatement of Torts as those appropriate for bringing strict liability claims in Illinois.

According to Section 402A of the Second Restatement:

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby casued to the ultimate user or consumer, or to his property, if

• the seller is engaged in the business of selling such a product, and
• it is expected to and does reach the user or consumer without substantial change in which it is sold.

A product is defective when, at the time of sal or distribution it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.

In the event that you or a family member have suffered a loss because of a defective product, you should be assured that an attorney at Law Offices of Adam J. Zayed, P.C. will be able to advise you on the matter.  Call us now at 312.726.1616.

Post-Verdict Jury Interviews

After a trial a juror may speak with an attorney, investigator, or other persons about the case.  It is wise to ask for court permission and for for a judge instruction so that jurors do not hesitate to speak about the case.  Post-trial juror interviews are perhaps most useful in personal injury cases as a tool to improve advocacy skills. Perhaps the most appropriate way to make contact with jurors is to obtain contact information and to make contact at a later time.

Nursing Home Negligence Legal Basics

Violations of nursing home standards of conduct are actionable under the Nursing Home Care Act 210 ILCS 45/1-101.  It follows that nursing home actions are creatures of statute.  Specifically:

"an owner, licensee, administrator, employee or agent of a facility shall not abus or neglect a resident.  It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it as provided in "The Abused and Neglected Long Term Facility Residents Reporting Act."

There are several claims that are often brought in conjunction with Nursing Home Care Act claims including but not limited to negligence, breach of contract, and medical malpractice. 

Claims under the nursing home act should be brought against the owner of the nursing home facility and the licensee of the facility.

An attorney at Law Offices of Adam J. Zayed, P.C. will be able to assist with any questions or concerns regarding a nursing home negligence issue.

Technicalities involved in Settling of a Minor's Estate in a Personal Injury Matter

In situations where minor's have been involved in a personal injury accident, Illinois rules generally contemplate that a Judge should rule on the fairness of a proposed settlement, adjudicate the reasonableness of fees, and expenses attributable to the litigation under the attorneys' contingent fee arrangement. Florkiewicz v. Gonzalez, 38 Ill.App.3d 115, 347 N.E.2d 401 (1st Dist. 1976).

In order to have a settlement approved, a guardianship or a conservatorship must be established.  A guardian ad litem may need to be appointed as an independent representative of the minor.

Several steps will need to be taken in probate court including:

1. petition to settle claim,

2. response of the guardian ad litem, and

3. order allowing the petition to settle claims.

Representing a minor is a serious responsibility, and it is important that an experienced and expert injury attorney is consulted in order to protect the minor's interests.

Illinois Wrongful Death Statute

Under the Illinois Wrongful Death Act, actions are brought in the names of the personal representatives of the deceased person.  740 ILCS 180/2.

The personal representative has sole control over the litigation and serves the protect the interests of all beneficiaries.  Of course, under the Wrongful Death Act, the amounts recovered are for the exclusive benefit of the surviving spouse and the next of kin of the deceased person.  740 ILCS 180/2.

Under the Illinois Wrongful Death Statute, there are several ways to recover:

• Decedent's felicity, care, attention, and guidance to family members;


• personal services rendered by the decedent around the home;


• decedent's care of children;


• decedent's future earnings;


• decedent's spousal services.


• punitive damages; and


• pecuniary injuries.

Beyond just theories of recovery, skilled plaintiff's attorneys also consider tax consequences, set-offs, and other types of economic considerations.  In the event of a wrongful death because of the negligence of an individual or an entity, contact an experienced attorney.

Application of Burdens of Proof in Civil Trials

According to Illinois evidence law, the burden of proof has two meanings that apply to civil trials. 

(1) "Burden of proof" applies to the duty to produce evidence that shows there is a prima facie case. For our purposes, "prima facie" can be understood as  "on first sight." In other words, there is a good faith duth to produce evidence that, taken as true, supports the claim. 

(2) Burden of proof is also the term used to quantify whether enough evidence has been shown to establish the truth of a statement, issue or claim. 

In order to meet the burden of proof, the plaintiff must show that its claims are more likely true than not. 

As far as the these issues apply to the prosecution of personal injury cases for damages, it is the personal injury attorneys job to show that there is enough evidence to make a good faith claim for damages and to avoid a directed verdit. Then the attorney must introduce enough evidence to meet its burden on each claim. In a negligence case that means the attorney must introduce evidence to support each element of the claim:

(1) duty owed to plaintiff by defendant;

(2)beach of that duty;

(3) breach of duty caused injury; and

(4) plaintiff incurred damages because of breach in duty.

If you believe that you have been injured do to the negligence of someone else, contact a Chicago attorney at The Law Offices of Adam J. Zayed, P.C. in order to see if the facts of your case will allow your claim to withstand a directed verdict.