Houston Astros Fan Sues Team For Injury Caused By T-Shirt Gun

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During the summer of 2018 a woman was attending a Houston Astros baseball game. Between one of the innings, the Astros’ mascot was launching free t-shirts into the crowd. One of those t-shirts struck this women in the hand, and apparently caused a serious injury. Since that time the woman alleges she has had multiple surgeries, missed time from work and has suffered serious pain and suffering. As a result, a lawsuit has been filed on behalf of the woman against the Houston Astros alleging negligence by the team and their mascot.

There have been similar lawsuits filed against in Major League Baseball in the past. I wrote about the case in Kansas City where a fan was hit in the face by a hot dog launched by a similar style gun. That man suffered a detached retina in one of his eyes, and unfortunately he lost his case before a jury. Major League franchises, including teams in the baseball, have in the past been protected with immunity for injuries that come as a result of foul balls and broken bats. All teams put a disclaimer on their tickets stating fans are assuming the risk of these potential accidents and injuries while attending games.

This is often called the “baseball rule.” That legal theory, in place for about a century, presumes an inherent risk among those attending a baseball game, and assigns fans responsibility for paying attention and being prepared for the occasional ball or bat coming their way. But should that apply to antics put on by the team in between innings like launching t-shirts into the crowd?

I have not seen the complaint filed in the Astros case, but I am curious if they have filed a product liability claim against the manufacturer of the t-shirt launcher. They could allege that the gun is inherently dangerous and/or defective due to the speed in which the t-shirts are launched. Also, I would imagine that the attorneys for the Astros will file multiple affirmative defenses including comparative negligence. These types of defenses attempt to shift the blame on the Plaintiff, and will depend on the facts of the accident that will come out during depositions. Specifically, that type of defense would hinge on how active this women was in attempting to catch the t-shirt. Did she stick her arms out and partake in attempting to catch the t-shirt? Or, was the just an innocent bystander? Also, the Astros defense team will more likely than not file a motion to dismiss based on the assumption of risk disclaimer discussed above.

I think this woman faces an uphill challenge of getting her case actually before a jury (due to expected motions to dismiss), and ultimately winning at trial. I wish her and her team luck as she appears to have suffered real permanent damage to her hand, and I believe the courts have gone way too far out of their way to protect teams when injuries like this occur. Especially, when the injuries are caused by acts by the mascots rather than foul balls or broken bats.

If you or a loved one has been seriously injured in a Chicago personal injury or Chicago truck accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Transportation Committee Approves Exclusive Lyft-Divvy Partnership

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The Chicago Sun Times reported yesterday that the Chicago city council’s, transportation committee approved an exclusive partnership between ride share company, Lyft, and bicycle share company Divvy. If approved by the city council, Lyft would be the exclusive owner and operator of all Divvy bikes throughout the city. Despite backlash from incoming mayor, Lori Lightfoot, and a number of aldermen, the deal is being touted by transportation head Rebekah Scheinfeld. Scheinfeld told the press that this agreement would be a huge boon for the city for the following reasons:

1.The city would get $77 million over nine years earmarked exclusively for transportation projects.

2. Lyft would keep all bike-sharing revenues up to $20 million annually, with the city sharing 5% of everything over that.

3. Chicago taxpayers would also receive $1.5 million a year in minimum guaranteed revenue from advertising and promotions.

4. Lyft would be free to raise bike-sharing rates, but only up to 10% per year. Anything above that must be approved by the Chicago Department of Transportation.

5. Assumption of any liability would be Lyft’s responsibility

This last point, “assumption of liability,” is something I am very interested in. If I am reading this correctly, if there any accidents caused by Divvy riders or if the the equipment on a Divvy bike fails, causing a personal injury or traffic accident, then Lyft would be liable. I assume there will be an insurance policy available on a all of these bikes in case of accident (caused by the bicyclist) or failed equipment. If this is true, and this is the agreement between Lyft and the city, then this would shift all of the potential liability costs away from the city and onto Lyft. This would be a big win for Chicago, and also to any potential injury victims.

Uber and Jump, two other ride share companies, have panned the deal as they were not included in any of the planned agreements. Though the introduction of electric scooters is still available.

We will be watching this closely once agreement plan is taken to a vote with the city council as a whole.

If you or a loved one has been injured in a Chicago bicycle accident, or a Chicago traffic accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation.

Hyundai To Recall 20,000 Veloster Cars Amid Fire Concerns

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The Associated Press reported last week that Korean automaker, Huyndai, has recalled 20,000 Veloster vehicles after finding a new problem that can cause its car engines to fail or catch fire. The issue is apparently fuel can prematurely ignite in the cylinders around the pistons. That can cause excessive pressure and damage the engine, causing vehicles to stall and in some cases catch fire. This specific issue covers only the 2013 Veloster with 1.6-liter engines. This issue is due to a software problem that has been found only in that model year and not in other Hyundai engines.

According to documents filed with the National Highway Traffic Safety Administration (“NHTSA”), this recall is completely separate from the earlier issues with the Soul SUV, which was recalled in February due to engine fire and engine failure problems, and the previous 1.4 million recalls for other engine issues dating back to 2015.

The Center for Auto Safety says it has found more than 300 Hyundai-Kia fire complaints with the NHTSA, including one death. If you own a Hyundai vehicle that was manufactured in 2010 or later, it is incredibly important to take your vehicle to your dealer, or any Hyundai dealer, to insure that the engine software is replace or any other issues related to these recalls.

If you or a loved one has been seriously injured in a Chicago auto defect case, or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Ralph Nader: All 737 Aircrafts Should Be Grounded For Good

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Longtime consumer rights advocate, Ralph Nader, who is best known for pushing automakers to install seat belts, made a very strong statement yesterday against Boeing. He stated all of their 737 aircrafts should be grounded and should never fly again.

Nader’s comments come just one month after his niece,
Samya Stumo, died while aboard the Ethiopian Airlines 737 Max 8 plane crashed in Indonesia, which killed all 157 passengers.

“Those planes should never fly again,” Nader stated. He is also pointing blame at the Federal Aviation Administration (“FAA”), who is charged with overseeing the safety of all air traffic in the United States. “If we don’t end the cozy relationship between the patsy FAA…and the Boeing company, 5,000 of these fatally flawed planes will be in the air all over the world with millions of passengers,” Nader said.

Both Boeing and the FAA are still trying to determine the exact cause of the plane crash. A preliminary report has pointed towards faulty software installed by Boeing on the 737s. “It’s our responsibility to eliminate this risk. We own it, and we know how to do it,” stated Boeing CEO Dennis Muilenburg in a statement released by the company last week. Boeing said it is still working with the FAA and regulatory agencies to develop and certify an “anti-stall” software update designed to keep the system from being activated unintentionally, along with additional training for pilots.

This obviously is not enough for Nader and other family members of the 737 crash victims. Nader has advocated for consumer right over the last 50 years and has succeeded in the push for change in the auto, food and drug
industries, workplace safety and clean air and water. Thankfully, the 737 Max 8 planes are currently grounded. T Boeing must correct their errors quickly and completely before any consideration to put them back in the air.

If you or a loved has been seriously injured in a Chicago product defect case or suffered a serious personal injury, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-106.

April Is National Distracted Driving Awareness Month

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Throughout the month of April, Police departments across the state of Illinois are cracking down on drivers who text while behind the wheel. April is the national distracted driving awareness month, and Illinois’ police departments are taking it seriously.

More than 100 police agencies across the state are planning to add new hands-free driving enforcement zones that will target drivers using their phones, according to the Naperville Police Department.

Despite laws on the books in every state, including Illinois, banning texting and driving, injuries continue to go up due to distracted driving car accidents. According to the National Highway Safety Council approximately 100 people are injured per day in traffic accidents caused by texting and driving. One reason these numbers continue to grow is due to the expansion of wi-fi capabilities on smart phones.

Extra police patrols and other costs related to the Distracted Driving Enforcement Campaign are covered by federal funds allocated to the Illinois Department of Transportation.

I think this push to crack down on distracted drivers is encouraging. My only issue is this should not be a one (1) month a year focus. Police departments should have their patrol officers trained to look for distracted drivers on a regular basis, just like they would monitor for drunk drivers.

If you or a loved one has been seriously injured in a Chicago traffic accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Is Elon Musk’s High Speed Underground Tram In Chicago Moving Forward?

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Last year, outgoing Chicago Mayor Rahm Emanuel held a press conference with transportation and tech entrepreneur, Elon Musk, regarding a high speed, underground tram system that would cart passengers out to O’Hare airport. The tram was touted to take about twelve (12) minutes and would cost approximately $25 for a one way trip. It was stated that Musk’s boring technology would dig the necessary pathway in between the downtown loop and the airport. The goal of this new transportation system was to help ease the gridlock on I-90/94 and free up space on the always packed Chicago blue line. Also, it would provide an opportunity for commuters to avoid the often hour long automobile commute or forty-five (45) minute train ride. Even more enticing was that Musk told the press that his boring company would be shelling out the 1 billion dollars in necessary construction costs.

A lot has changed in Chicago since September 2018. Rahm Emanuel decided not to run for a third term as mayor and there is now a runoff election for his spot set for April between Lori Lightfoot and Toni Preckwinkle.

News outlets have reported within the past month that neither mayoral candidate are very excited about this project. Lightfoot doesn’t include the Musk tunnel in her transportation plan, and Preckwinkle said at a candidate’s forum that the tunnel was “definitely something I would put on pause.” Both have cited the need to expand and improve the CTA red line and Metra train systems on the south side.

This was and is an incredibly innovative idea. Obviously we don’t know all the details of financing, but if Musk and his company are paying for the entire construction, and the city splits a portion of the revenue, I do not see how the city does not move forward with this project. The added benefit of freeing up traffic above ground and the job creation seems to make this a no-brainer for the incoming mayor. This is assuming the technology would actually work in Chicago and the city and county are not putting up any of the money. If so, I would like to the see the incoming mayor reconsider their position(s) on this matter.

If you or a loved one has been seriously injured in a Chicago car crash or Chicago truck accident, please call Chicago personal injury attorney, Aaron J. Bryant for a free legal consultation at 312-614-1076.

New Study Shows States With Texting & Driving Ban Showed Decrease In ER Visits

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A new study from Texas A&M revealed that sixteen (16) states that have enacted a complete ban on texting and driving saw a 4% decrease in emergency room visits. The study looked at emergency room data from these states from 2007 through 2014. The results were published in the American Journal of Public Health this week.

Alva Ferdinand, lead author of the study, a lawyer, and an assistant professor of health policy at the School of Public Health at Texas A&M University, stated this about complete texting bans: “The law can be a very useful public health intervention. There are lives that can be saved and injuries prevented as a result of these laws,”

In 2016, nearly 3,500 people lost their lives and 391,000 were injured but survived a crash related to distracted driving, including texting, according to data from the National Highway Traffic Safety Administration.

I have been writing about this issue off and on over the last half dozen years. I have mentioned over and over that we will not see a decrease in car accidents and traffic fatalities until there are actual deterrents to texting and driving. A mere fine, by itself, will not prevent drivers from picking up their phones while in traffic. There needs to be actual teeth in the legislation. This means a total ban, along with the threat of a moving violation with hefty fines. If drivers are aware that they could see points on their driving record, along with the threat of paying serious money for violating the law, then they are more likely to put their phones away while behind the wheel. These research findings are refreshing to me and a validation of what experts around the country have been saying for years.

If you or a loved one have been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Class Action Lawsuit Alleges Antitrust Violations Against Real Estate Brokers

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A new class action lawsuit against the National Association of Realtors (“NAR”), by a group of home buyers was filed in the United States District Court, Northern District Illinois this week. The lawsuit, titled Moerhl v National Association Realtors (NAR) alleges antitrust violations by the NAR, due to their practices of forcing home buyers to pay a non-negotiable 6% fee to their agents on all home sales. The suit states that this practice by buyers agents prevents home sellers from the freedom to negotiate their own rate with their real estate agents. Realogy Holdings, HomeServices of America, RE/MAX and Keller Williams are also named in the suit.

The lawsuit cites a 2002 study that if sellers were free to negotiate with their agents, then the commission would fall somewhere closer to 3%.

I am certain that the NAR and associated agencies will argue that that the benefits that brokers provided more than made up for the 6% commission paid. For example, they will argue that the benefit of putting the home up on the MLS, which allowed the homes to be viewed on multiple websites (Redfin etc…), allowed homes to be sold much more quickly and at the highest possible price. They will argue that homes sold by buyers most likely take longer to sell and do not reach the same value as they would on the MLS because they are viewed by less potential buyers.

I am not an antitrust expert by any means, but I will predict that this will be a fiercely fought legal battle. Experts are saying there could be up to 54 billion in damages alleged.

If you or a loved one have been seriously injured in a Chicago personal injury accident or Chicago truck accident, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Police Ramping Up DUI Patrols For St. Patrick’s Weekend

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St. Patrick’s Day weekend is one of the most congested weekends
of the year for both automobile and foot traffic . This year includes the downtown parade and dying of the Chicago River on Saturday, along with the south side parade on Sunday. On top of all this the Big 10 basketball tournament is taking place all weekend at the United Center. Based on all the extra traffic, and most likely copious alcohol consumption, Chicago Police are taking extra precautions.

The Chicago Police Department’s 6th District (Gresham) will be adding DUI saturation patrols. Police officers will monitoring traffic for signs of impaired driving, speeding and safety-belt violations.

The Breath Alcohol Testing (BAT) Mobile Unit is also expected to be to deployed. BAT allows officers to expedite the process of charging a person with driving under the influence before driving them to the nearest lockup. The BAT mobile also allows for I-bonds to be issued at the site of the DUI saturation patrol.

If you are heading downtown or to the south side, remember that there are multiple options for public transportation, along with cabs and ride shares. There is no reason to get behind the wheel if you are drinking. Even if you don’t plan on drinking, there is no reason to drive through the middle of all the expected congestion.

If you or a loved one have been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Mayor’s Office Initiates Mobility Task Force

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Mayor Rahm Emanuel asked former U.S. Transportation Secretary Ray LaHood to oversee a mobility task force for the city of Chicago. The purpose of the task force was to create a vision for the ever changing transportation systems including: roads; trains; buses; electric scooters; ride sharing; and bicycles. More specifically, the mayor’s office asked the task force to look at the following aspects of transportation:

  • Establishing clear mobility goals and effective governance that serve as a framework for planning for, evaluating and managing current and future mobility options and identifying the appropriate City leadership to ensure future decisions align with such goals.
  • Proposing changes to technology, policy, and public way use management to support the City’s mobility goals, including regulatory incentives, transit improvements, curbside use policies and data-sharing requirements/infrastructure.
  • Reviewing the areas of autonomous, connected and electric vehicles; enhancing CTA and other City transportation assets; promoting low and no carbon mobility choices; and finding sufficient and sustainable funding sources.

Secretary LaHood’s task force has recommended that the city hire a “mobility chief,” who would oversee all aspects of improving transportation and how to pay for it. I think this makes sense as the type of overhauls this task force is recommending would need some sort of CEO type to oversee the implementation of these new infrastructures and programs.

I am all for improving the city’s transportation infrastructure. This includes reducing traffic, reducing the carbon imprint, reducing costs etc.. But to be honest, this entire task force seems to be more of a question mark than answer. The media reports state that the task force’s report recommend “50 specific actions, policy changes or studies.” I have not seen a press release showing us what these “specific actions” include. There have merely been snippets, such as hiring mobility chief, adding toll roads and possibly a gas tax and new mobility services and technology, with “smart lanes” dedicated to bicycles, van pools and other shared rides.

This is all great, but there has been no explanation on how to achieve these “50 specific” actions. I will be anxiously awaiting more information from the mayor’s office on how to achieve these goals, and whether the new mayor (Lightfood or Preckwinkle) will carry the torch and follow through on what the task force has recommended.

If you or a loved one has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.