Category: Negligence - Nair Law LLC

Walgreen Co. Sued Over Vitamin D Claims

4/8/2013

The Chicago Tribune reports that Walgreen Co. has been sued by a California consumer for alleged labeling violations on their Vitamin E supplements. The consumer objects to allegedly misleading claims on Walgreen's Vitamin E 400 IU Dietary Supplement that says the product "naturally contributes to cardiovascular health by helping to protect LDL cholesterol from oxidation which may cause cellular damage."

The complaint alleges that these statements are false and misleading based on clinical data that disproves these statements and indicates that the product is ineffective as marketed.

Lawsuits against supplement manufacturers are only just the beginning of the process. This case illustrates why both consumers and manufacturers need to be very aware of the legal terrain in supplements and why consumers often mistake natural supplements for regulated drugs.

Defective Baby Dresser Lawsuit Filed

3/15/2013

Product liability actions are premised on three major categories:
1. Failure to Warn
2. Defective Design
3. Manufacturing Defect

The Chicago Tribune reports that the parents of a toddler have filed suit against the manufacturer of their baby dresser for a product defect and for failure to warn about the dangers of their dresser when it tipped over and killed their 2 year old son. Their case seems to allege both a failure to warn as well as defective design of the furniture.

Fire-Breather Accident Sparks OSHA Investigation

2/5/2013

The Chicago Tribune report on a fire-breathing actor who was injured during his routine provides a model lesson for employers on worker safety and potential administrative action for failing to adhere to OSHA regulations for employee safety.

Here, the employee was an actor who happened to very publicly injure himself when his face and throat caught on fire while attempting a fire breathing routine.

The media firestorm, however, quickly engulfed reality and blew the matter out of proportion. It was so widely reported that an OSHA investigator reportedly showed up at the Civic Opera House to speak to officials and investigate their compliance with OSHA regulations.

Parents Sue School for Abuse of Their Children

11/30/2012

Initially one set of parents, but later more, have come forth with lawsuits alleging that Maine West High School in Des Plaines, IL either knew or should have known about widespread sexually abusive hazing practices on the baseball and soccer teams.

Graphic details aside, the allegations, if true, would pose serious liability on the school district as well as the individuals accused. Schools, especially colleges, have been found liable for damages in hazing incidents. It would be prudent for any organization that involves its employees with children develop clear enforced guidelines on the extent and quantity of contact allowed as well as the nature of the supervision.

Look for many schools to take note of this lawsuit and promulgate specific rules if they have not done so already.

$2M Wine Negligence CLaim Filed by Insurer in Subrogation Action

11/28/2012

Stepping in the shoes of their injured insured, Great Northern Insurance Co. filed suit against Cellar Advisors, a wine moving company hired to move a portion of a wealthy family's wine collection from Illinois to Florida in climate controlled containers. The Chicago Tribune notes that:

In June 2012, D. Gideon Searle hired St. Louis-based Cellar to transport the couple's wine collection, held in a Des Plaines warehouse, in refrigerated carriers to a Naples, Fla., wine cellar. The wine to be transported was valued at $2 million.

$5.45M CTA Settlement for Estate of Biker Run Over By Bus

11/19/2012

The CTA approved a $5.45 million settlement for the estate of a woman who was run over by a 152 Addison bus when she was trying to remove her bicycle from the front of the bus. The CTA approved the settlement because its bus driver was negligent when he failed to look in front of the bus for anyone, especially a passenger that had just alighted.

$64M verdict for iron worker fall

11/16/2012

A Cook County jury awarded an iron worker, who fell at a jobsite and was left paralyzed and in need of 24 hour care for the rest of his life, $64 million in total damages. The company responsible is planning an appeal but the case is a lesson to both workers and construction companies in compliance with workplace safety procedures and policies. OSHA compliance is critical for the long term survival of both workers and companies.

city considers settling 2006 lawsuits after settling 2003 iraq protest lawsuits

10/25/2012

Blessed with qualified immunity and tort immunity generally, the City and its employees often hide behind either a blue wall of silence, like the Chicago Police has thrown up regarding the off-duty cop body slamming a female bartender, but also the City's Corporation counsel as is the case where the Chicago Police arrested a mentally ill California woman in Midway Airport and detained and released her into a south side neighborhood where she was eventually raped and fell off a building, ending up horribly injured. The CPD failed to adhere to department protocol related to the treatment of mentally suspect offenders and ignored clear evidence and fellow colleague appraisals regarding the mental health of the plaintiff.

Nanny cam exposes abuse, parents sue to recover damages

10/23/2012

No loving parent can stand by without acting when their child is harmed. No parent should have to tolerate that. When parents hire caregivers for their children, parents, or themselves, that caregiver is entrusted with a near sacred duty to preserve the health, dignity, and vitality of a loved one. When that duty is breached, the harm can be tremendous in both physical pain, but also emotional turmoil.

POPCORN LUNG PLAINTIFF WINS $7.2M JUDGMENT IN PRODUCT LIABILITY SUIT

9/27/2012

The Chicago Tribune reports that a Colorado resident has won a $7.2 million judgment against a Central Illinois microwavable popcorn manufacturer and distributors of the product. This product liability action resembles the litigation over mesothelioma due to asbestos from the 1960s and on. In this case, the chemical in the fake butter in microwavable popcorn has led to a serious lung issue in one user who consumed massive quantities of the product.