Posts by Regina P. Etherton & Associates, LLC
Can You Waive Your Right to Sue in Fine Print?
Imagine that you go to a water park and there is fine print on the bottom of the ticket that says that the park is not liable for any injuries you sustain at the water park. That day, you are on a ride and get injured. Will the fine print prevent you from bringing a…
Read MoreA Dead End? Filing a Lawsuit where one Party is Deceased.
Imagine you are driving home from work and you are struck by another driver. You are injured and incur significant medical bills that you cannot afford. You want to sue the other person for damages as a result of their reckless driving; however, the individual who you want to sue has died weeks after the…
Read MoreComplex Torts: A Definition
You may be wondering what is a complex tort, and do I have a claim for one? A tort is a civil wrong, as opposed to a criminal offense, where the claimant seeks monetary relief as a remedy. Examples would be mass tort cases, mass product liability cases, or injuries caused to many individuals as…
Read MoreCan a Trial Witness Bad Mouth You at Trial? Is this a Realistic Concern?
Imagine you hit someone who files a lawsuit against you. You are nervous because you don’t want your character attacked publicly by the other driver or other witnesses they may call. Suppose you have a prior relationship that ended badly or drunk driving violations in the past. Can these types of things be used against…
Read MoreLiability of State Parks or Public Hiking Trails
If you are hiking in a state park or a public hiking trail and you fall and/or suffer an injury as a result, can anyone be held liable for that injury? If the hiking trail you are on is within a state or national park, the government entity responsible for the park may be liable…
Read MoreDog Bite Liability
Imagine you are going for a jog in your neighborhood. You pass by another person walking their dog and their dog lunges and bites your leg, causing severe injuries. Is the dog owner liable for any injury you suffer? What if the dog is in the front yard by itself when it bites you? Is…
Read MoreRecovery for Emotional Damages
In Illinois, a personal injury victim is able to recover compensation for emotional harm as well as any physical harm that they may suffer. The threshold question in emotional distress cases is whether an ordinary person could be expected to endure the emotional harm. There must be evidence that a person suffered emotional distress through…
Read MoreAdmissibility of Social Media Postings in Lawsuits
Social media is everywhere, but can it be brought into the court room? If you have filed a lawsuit for personal injuries, can you bring the social media history of a party into the court room? Or could they bring in your social media history? The answer to that depends. Social media posts, like other…
Read MoreFireworks in Illinois
Fireworks are a fun and exciting way to celebrate holidays and special occasions. However, in Illinois, the laws regarding fireworks are quite strict. In Illinois, fireworks are illegal to purchase, possess, or use without a valid permit. This means that if you want to set off fireworks in Illinois, you need to obtain a permit…
Read MoreBeing Safe on Vacation: Can Alcohol Impact Liability?
A common concern is how circumstances on vacation, especially where alcohol is involved, might be grounds for a lawsuit. Illinois has a law about making alcohol available at social events, where the person hosting and providing the alcohol may have exposure to liability. There is “social host liability” where the host has responsibilities for their…
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