Thứ Ba, 11 tháng 8, 2009

Chicago injury lawyers discuss concert premises liability as Lollapalooza comes to town

The Lollapalooza music festival in Chicago's Grant Park is drawing more than 75,000 people a day this weekend. (Attorney Gary Annes of Abels & Annes attends Lollapalooza almost every year).

The Chicago Tribune blog reported the death of a 39-year-old concert goer on Friday. Rain followed by searing heat may have caused the man to collapse near the stage.

The personal injury and wrongful death lawyers at Abels & Annes know that serious injury at such large concerts are a frequent occurrence and are often reported as the fault of the fans in attendance. But injuries can also result from the negligence of a concert promoter or employee, leading to a premise liability claim to recover damages.

Premise liability lawsuits seek to recover damages for innocent parties who are injured as a result of negligent concert planning and/or the negligent actions of concert workers.

The emphasis on concert safety hit the news in the days leading up to Lollapalooza after a stage collapsed at the Calgary Alberta Music Fest, according to the Chicago Indie Music Examiner.

Of course there are numerous examples of high-profile tragedies at rock concerts: The 1969 free Rolling Stones show at Altamont Speedway where security, which turned out to be hired gang members, kicked a man to death; Pearl Jam’s Denmark fan stampede which trampled eight people near the stage; Great White’s pyrotechnic accident in Rhode Island that killed 100 and led to premise liability lawsuits that recovered millions in damages.

And each year Lollapalooza makes news for the show -- three days, eight stages and more than 130 bands -- and accidents and injuries among concert goers. The Music examiner reports attendants at rock concerts are 2.5 times more likely to be injured than at other music shows.

The study also reports that most common accidents are dehydration, dislocated joints, bumps, bruises, breathing problems and fainting. Even classical music shows have their fair share of injuries and have the highest rate of heart attacks or cardiac arrest. Gospel/Christian shows hold the record for the most visits with medical personnel.

The Music Examiner also reports on several lawsuits over the years stemming from injuries at Chicago concerts:

-A woman is suing Lupe Fiasco claiming an injury in 2007 when the star “fell on her” during a Chicago show. Her lawsuit is asking for $50,000 in damages for lost wages, physical, and emotional trauma.

-In 2002, a fan seeing U2 at Solider Field slipped in urine in the bathroom and broke his leg.

-In 1998, a female fan was hit in the face with a CD being tossed into the audience and suffered an eye injury.

Make no mistake about it: these concerts are big business, bringing in millions of dollars to organizers. At $80 a ticket, 75,000 people pay $6 million to get into one day of this event.

Concert goers have a right to expect basic safety and services. And event participants who are seriously injured or killed have a right to seek damages from negligent parties.

Thứ Sáu, 24 tháng 7, 2009

Worker falls 25 feet into tank in Chicago work accident

A Chicago area worker was injured when he fell 25-feet to the bottom of an empty tank at the Stickney Water Reclamation Plant Tuesday afternoon, according to the Chicago Breaking News Center.

The male worker was apparently sandblasting a section of tank when he fell into the empty tank. He was alert and conscious when rescued. Co-workers noticed the accident and called for help about 1:45 p.m., according to Stickney Fire Chief Larry Meyer.

A team of firefighters used ladders to rescue the worker from the tank and he was taken to Mount Sanai Hospital in Chicago with undisclosed injuries.

A spokesperson from the Metropolitan Water Reclamation District of Greater Chicago had not responded to inquiries from the media.

Employees who are injured on the job are entitled to proper medical treatment, disability pay while off work, and a bodily injury settlement, depending on the extent of their injuries. Media reports do not indicate whether the victim was a municipal employee or employed by an outside contractor.

It has not been reported if this was simply an accident or if there were other contributing factors that caused him to fall two-and-a-half stories while on the job.

Chủ Nhật, 12 tháng 7, 2009

Lincolnwood man dies after hit-and-run Chicago car accident

A 58-year-old Lincolnwood man has died in a Chicago car accident after being rear-ended by a hit-and-run driver Tuesday afternoon on the Kennedy Expressway.

William Nanz, was involved in a crash on the Kennedy Expressway (I-90/94) near North Kostner Avenue and was pronounced dead at 2:49 p.m. Tuesday at Advocate Illinois Masonic Medical Center, according to the Cook County Medical Examiner’s office.

The Chicago Sun-Times reported that Nanz suffered a heart attack following the crash. However, the Chicago Breaking News Center reported the coroner has determined that Nanz died as a result of spinal injuries suffered in the crash.

That report said Nanz had a history of heart disease which the medical examiner's office said contributed to his death, but he died primarily from injuries from the crash, according to results of the completed autopsy.

Nanz was driving north Kennedy when he slowed for traffic and was rear-ended, causing his vehicle to hit the wall, according to Illinois State Police.

The vehicle that rear-ended Nanz reportedly slowed down before striking the vehicle Nanz was driving, but it did not stay on the scene and State Police are investigating the incident as a hit-and-run.

Witnesses reported seeing a black sport-utility vehicle leaving the crash site and state police are investigating whether it was involved in the crash.

In this instance, the family could seek the assistance of a Chicago car accident attorney to file a wrongful death lawsuit against the hit-and-run driver. If the driver is not located, the family could seek compensation through Nanz's own insurance policy by making a hit-and-run claim.

The at-fault driver also faces possible criminal charges for leaving the scene of an accident.

Thứ Hai, 29 tháng 6, 2009

Fewer trains blocking area roads could reduce traffic accidents, Chicago car accident laywers say

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There are fewer instances of trains blocking Chicago streets, Canadian National Railway told regulators Tuesday, but acknowledged more work needs to be done after its purchase of Chicago area-tracks from Elgin, Joliet and Eastern Railway.

The company said it had 11 instances of trains blocking Chicago-area streets for 10 minutes or longer in May, compared to 14 in April and 50 in March when it first acquired the tracks that arc westward around Chicago through Illinois and Indiana suburbs, according to a report Tuesday in the Journal of Commerce.

The Chicago car accident lawyers at Abels & Annes monitor the local railway industry and its impact on motorists' safety. In addition to the deadly Rockford, IL, train crash last week, which was also operated by Canadian National Railway, instances of trains blocking area roads for an extended length of time can lead to car accidents.

Rear-end collisions are common. Motorists also can become understandably frustrated with the delay and attempt to drive around down-track gates, leading to the potential for accident and injury once the train begins moving again. And, when train blockages at intersections become a common occurrence, motorists can sometimes try to get through ahead of an oncoming train.

The Canadian railroad company also reported the duration of the delays is declining -- from several instances of roadway traffic being stalled for hours because of stopped trains in March, to two lengthy delays in April and one last month.

That train stretched more than a mile long with 106 loaded railcars and blocked a road at Joliet, Ill., for an hour, after stalling on an uphill climb as it headed out of town.

The company reports corrective action for each blockage in an attempt to pacify suburban complaints, where the acquisition is being contested in federal court. It also admitted the problem has been alleviated somewhat by a down economy and fewer freight loads and train trips.

Canadian National Railway also said it has made safety presentations at several area schools, and has posted 225 “no trespassing” signs on its railroad property from Gary, Ind., to West Chicago.

If you or someone you love has been in an accident with a train or a Chicago car accident you believe was caused by a train, talking to an experienced personal injury or wrongful death lawyer can help protect your rights. The Chicago car accident lawyers at Abels & Annes offer free appointments to discuss your rights. Call (866) 99-ABLES. There is no fee unless you win.

Thứ Hai, 15 tháng 6, 2009

Chicago motorcycle accident lawyers advocate review of 10 things all car, truck and bus drivers should know about motorcycles


The Chicago motorcycle accident attorneys at Abels & Annes urge motorists to review "10 things all car, truck and bus drivers should know about motorcycles" to increase awareness as we enter the summer riding season.

The National Highway Traffic Safety Administration reported 5,154 motorcyclists were killed in the United States in 2007 and another 103,000 were injured. In fact, the number of fatalities has exploded with the increase in registered motorcycles over the last 10 years.

In 1997, 3.9 million motorcycles were registered and 2,116 fatalities were reported compared to the 5,154 deaths in 2007 when 7.1 million bikers were registered on our roadways.

"It's a fact that car drivers and other motorists are at fault most of the time in multiple-vehicle crashes that involve motorcyclists," said Motorcycle Safety President Tim Buche, of the Motorcycle Safety Foundation. "That's why we've initiated several public outreach tools specifically targeting the driving community. MSF has life-saving messages for everyone, whether they are behind a handlebar or behind a steering wheel."

MSF has launched a new website, www.forcardrivers.com, aimed at helping car, truck and bus drivers safely interact with motorcyclists. One of the leading motorcycle safety advocacy groups in the nation, MSF's primary website also offers a wealth of information geared toward safe motorcycle riding.

10 things Car, Truck and Bus Drivers Should Know About Motorcycles:

1. Over half of all fatal motorcycle crashes involve another vehicle. Most of the time, the motorist, not the motorcyclist, is at fault. There are a lot more cars and trucks than motorcycles on the road, and some drivers don't "recognize" a motorcycle – they ignore it (usually unintentionally).

2. Take an extra moment to look for motorcycles, whether you're changing lanes or turning at intersections. Because of its small size, a motorcycle can be easily hidden in a car's blind spots or masked by objects or backgrounds outside a car.

3. A motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle's speed. Predict a motorcycle is closer than it looks.

4. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance and predict a motorcyclist may slow down without visual warning.

5. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real.

7. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

8. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

9. When a motorcycle is in motion, see more than the motorcycle - see the person under the helmet, who could be your friend, neighbor, or relative.

10. If a driver crashes into a motorcyclist, bicyclist, or pedestrian and causes serious injury, the driver would likely never forgive himself/herself.

Federal data shows more than half of all motorcycle accidents involve a frontal collision -- usually indicating another vehicle pulled into its path. Take a moment to look for motorcycles this summer ... it could save a life.

If you or someone you love has been in a motorcycle accident, there are things you can do to help protect your rights. The Chicago motorcycle accident lawyers and Illinois personal injury and wrongful death attorneys at Abels & Annes offer free appointments to discuss your case. Call toll free (866) 99-ABELS. There is no fee unless you win.

Thứ Ba, 2 tháng 6, 2009

Illinois double-decker bus tragedy kills two beneath overpass

An Illinois bus accident has claimed the lives of two young men after the double-decker open-air bus they were riding in passed beneath an overpass.

Justin Sleezer of Yorkville and Cameron Chana of Clarendon Hills were killed when their heads struck the Interstate Highway 57 overpass on Illinois Highway 16 in Mattoon. Fifty passengers, mostly students from Eastern Illinois University in Charleston, were returning on the rented bus from a day of boating at Lake Shelbyville, about 200 miles South of Chicago.

Many on the bus were members of Sigma Pi fraternity, however a fraternity member told the Chicago Tribune the trip was not organized by the house.

Witnesses indicated the two young men killed were among the tallest in the group, although it is unclear whether they were standing or sitting on the top deck of the bus when it passed beneath the overpass. Passengers said the driver never told those on the upper deck to sit down or warned them of other safety precautions.

The bus driver took the victims to Lincoln Health Medical Center in Mattoon and they were later transported to Carle Foundation Hospital in Urbana where they were pronounced dead.

Mattoon Police Chief David Griffith said the investigation is ongoing and police are looking at whether any regulations were violated.

While it has not been reported if Illinois accident lawyers are involved in the case yet, the families of the victims have a strong wrongful death claim against the bus company.

Thứ Ba, 26 tháng 5, 2009

Chicago Bike Rider Killed By Hit-And-Run DUI Driver - Off Duty Police Officer Charged

A Chicago Police Officer has been charged with the hit and run death of a teenage bicycle rider, according to the Chicago Sun-Times. The charges include reckless homicide, leaving the scene of an accident involving death or injury, and aggravated DUI.

The car vs. bike accident occurred in the 8000 block of South Ashland on Friday at 1:30 am. The victim, 13 year old Trenton Booker, was riding his bicycle when he was hit by an off duty police officer who was driving his Dodge Charger the wrong way on a one-way street.

The officer has been relieved of his police powers and he was arrested after the accident. Further, a Chicago Police Department internal investigation has begun. The officer is a 39 year old narcotics officer who has been with the police department for 17 years.

The victim was going to graduate from 8th grade in June.

Thứ Tư, 20 tháng 5, 2009

Chicago CTA Employee Injured By DUI Driver

On the South Side of Chicago, an off duty CTA employee has been injured in a car accident involving a drunk driver. The auto accident happened in the 9100 block of South Jeffery Boulevard back on April 27, 2009. Our client was driving home from work when an intoxicated driver crossed the center line and struck her vehicle.

A Chicago Fire Department Battalion Chief happened to be driving behind the victim and witnessed the accident. He immediately called for help and rendered assistance.

The CTA worker was taken by ambulance to Jackson Park Hospital for medical treatment. She sustained right knee, back, and neck injuries. As of today, she is still suffering from her injuries and is treating with a medical doctor.

The Chicago Police Department investigated the accident and charged the defendant with DUI. The victim has been informed by police that the defendant's blood alcohol level was several times the legal limit. A court date is set for next week.

Abels & Annes will be pursuing a civil claim against the at fault driver's auto insurance carrier.

Thứ Năm, 14 tháng 5, 2009

Chicago Car Accident On Dan Ryan - 1 Killed

In Chicago, Illinois a car crash late Monday night on the Dan Ryan has resulted in the death of one man, and DUI charges for another, according to the Chicago Sun-Times. The deadly auto accident occurred when a northbound Ford Crown Victoria changed lanes around 79th Street and struck a Cadillac that was in the far right lane of the expressway.

The driver of the Cadillac lost control, skidded and struck a concrete wall head on. The airbags in the car reportedly did not deploy. The victim, Justin Hopkins, a 30 year old Chicago resident, was pronounced dead later the same evening at Stroger Hospital.

The 34 year old driver of the Crown Victoria was charged with DUI by Illinois State Troopers investigating the accident. Additional charges are reportedly being considered. The alleged DUI driver and his two passengers were not injured in the accident.

It has not been reported if the victim's family has yet retained an accident lawyer to investigate the case. The Estate will have a case against the at fault driver, and the lawyer that gets involved will also investigate a potential products liability case. The attorney may hire an expert to find out whether there was something defective about the airbag system in the vehicle and determine why it did not deploy.

Thứ Bảy, 9 tháng 5, 2009

Chicago Injury Lawyers From Abels & Annes On CBS News

Pedestrian vs. car accidents in Chicago are a big issue as warm weather arrives. Due to a large increase in Chicago pedestrian fatalities in 2008, the Police Department is stepping up their efforts to protect people on foot from cars. They are running a sting operation to catch people who fail to yield to pedestrians, where undercover officers pose as civilians in crosswalks. Further, the Illinois legislature is considering a new law that would require drivers to stop for pedestrians rightfully crossing the street (not just yield).

On Sunday, Chicago accident attorneys from Abels & Annes appeared on CBS News in Chicago to discuss a pedestrian injury case that they are currently working on. The client was hit and severely injured while crossing in a crosswalk at Irving Park and Austin on the Northwest Side. The 38 year old driver of a 2006 Audi A4 failed to notice her crossing.

The Chicago resident was transported by ambulance to Lutheran General Hospital with severe head trauma. Emergency surgery was performed and the client remained in a coma for over two weeks.

Late last week, medical doctors at the hospital were able to wake her. She is in good spirits, however, her road to recovery is long from over. She is expected to remain in the hospital for an extended period of time.

The injured pedestrian has retained Abels & Annes to pursue a civil claim against the driver's auto insurance carrier. Witnesses to the accident should contact Abels & Annes, or fill out the contact form on our website.

Click here to view the CBS story.

Thứ Ba, 5 tháng 5, 2009

Chicago Pedestrian Accident Victim Wakes From Coma

A Chicago woman who was hit by a car on Good Friday has woken from a coma. The accident happened just after she left church services for Good Friday at Polish Jesuit Fathers on Irving Park Road. She was crossing in a crosswalk at Irving Park and Austin on a walk sign when a driver turning left did not see the woman and struck her with his vehicle.

She suffered severe head injuries and was rushed to Lutheran General Hospital in Park Ridge. There she underwent emergency surgery and had been in a coma ever since the accident.

She is now awake and in good spirits. However, she is missing a large piece of her skull that was removed during surgery. The bone has been frozen at the hospital and will be re-inserted during another surgical procedure at a later date. Her road to recovery has just begun and she will be in the hospital for several more months.

The driver who hit her was ticketed by the Chicago Police Department and is set to appear in Court later this month. The pedestrian has retained Abels & Annes, P.C. to pursue a civil claim against the driver's insurance carrier.

There may have been several witnesses to the accident who have not yet come forward. If you have information regarding this accident, please call 312-924-7575 or email accidentwitness@yahoo.com.

Thứ Ba, 28 tháng 4, 2009

DUI Driver Rear-Ends Chicago Cop

In one of the more boneheaded accidents I have heard about lately, an alleged DUI driver hit a Chicago cop car on Saturday night, according to the Chicago Sun-Times. The accident happened in the 3800 block of West Lawrence Avenue around 8 pm when a man from the Northwest Side rear-ended an unmarked police car. The driver was later charged with driving while under the influence.

Two ambulances responded to the crash and the police officer was taken to Resurrection Medical Center in reportedly stable condition. The DUI driver refused treatment.

The hurt officer reportedly worked in the tactical unit. The exact nature of his injuries have not been reported. However, in a rear-end collision, back and neck injuries seem to be the most common in my experience.

Chủ Nhật, 26 tháng 4, 2009

Chicago Resident Killed In Motorcycle Accident

A Chicago woman died last Monday from injuries sustained in a motorcycle crash in Janesville, Wisconsin, according to the Gazette Xtra. The crash occurred last Saturday on a highway ramp connecting Interstate 90 & 39 to Highway 14 East.

The 42 year old woman was riding as a passenger on a motorcycle when the driver, also a Chicago resident, exited the interstate by mistake. When the driver braked and down shifted, he lost traction and the motorcycle hit the ground.

Both were taken by ambulance to an area hospital for medical treatment. The motorcycle driver was treated and released. Alcohol was not a factor in the accident. The Wisconsin State Police are handling the investigation.

In this type of case, the Estate of the passenger can make a claim against the motorcyclist and his liability insurance carrier. While the crash occurred in Wisconsin, it is likely that the lawsuit will be filed in Cook County, Illinois. Both people involved in the accident were from Chicago, and the personal injury lawyer that gets involved in the case will likely prefer to file suit here.

Fulton County, Georgia Jury Returns $2.3 Million Verdict for Botched Circumcision

A Fulton County, Atlanta, Georgia jury has just returned this afternoon a verdict in the amount of $2.3 Million in a medical malpractice case involving a botched circumcision. The trial on March 16, 2009, and the jury deliberated from 10:30 a.m. yesterday until about 1:45 p.m. today, when they returned a verdict in the amount of $1.8 million for the minor child, and $500,000.00 for the mother.

The case involved an alleged botched circumcision, in which the young male child involved (who was 2-days old at the time of the incident), had about five millimeters (or about one-third) of his glans penis negligently removed during a circumcision procedure on November 6, 2004. This is obviously a significant permanent injury that will go with the child the rest of his life.

Defendants not only contended they had committed no negligence, and that any injury was an accepted risk of the procedure, but also somewhat surprisingly contended that the incident did not even occur, asserting that the child was suffering from a congenital deformity of the penis. I guess the jury just didn't buy that argument. There are some detractors of the Georgia Civil Justice System who might decry this verdict as excessive, but my guess is those who do have 100% of their penis. Bless this Fulton County jury for taking into the consideration the emotion toil this unnecessary deformity will have on this child as he grows into a young man...something he will have to live with every day of his life, all due through no fault of his own.

Thứ Ba, 21 tháng 4, 2009

2 Year Old Pedestrian Hit And Killed By Car In Chicago

In Chicago, Illinois, a two year old boy died Saturday afternoon after being hit by a car in an alley, according to the Chicago Tribune. The pedestrian accident took place in the block of 7200 South Sacramento Avenue around 4:45 p.m.

The child was taken by ambulance to Advocate Christ Medical Center in Oak Lawn and was pronounced dead around 90 minutes after the accident.

The driver, a 40 year old Chicago woman, was ticketed by the Chicago Police Department for failing to keep a proper lookout for a pedestrian in the road. The exact facts as to how the accident occurred have not been reported.

The NHTSA reports that in 2007, children 14 and under accounted for seven percent of pedestrian fatalities in the United States (306 out of 4,654 deaths). Of those child fatalities, 187 (61%) were male children. Nearly 100 of the children killed were ages 1-3. Eighty percent of the child pedestrian deaths took place at at non-intersection locations. In the same year, around 70,000 pedestrians were injured nationwide, and 14,000 of those injured were children 14 and under.

Thứ Bảy, 18 tháng 4, 2009

Chicago Police Officer Causes Deadly Car Accident

In Chicago, Illinois a deadly car crash early Friday morning has resulted in criminal charges against an off duty detective from the Chicago Police Department, according to chicagobreakingnews.com. The auto accident happened on the Dan Ryan and resulted in the deaths of two people after their car burst into flames.

The collision occurred when Joseph Frugoli, 41, rear-ended a vehicle that was disabled on the side of the expressway. His blood alcohol content was allegedly three times the legal limit of .08. He has been charged with reckless homicide, aggravated driving under the influence, and leaving the scene of an accident. He is scheduled to appear for his bond hearing Sunday morning and in currently in police custody.

The police department has started an internal investigation and the detective has been relieved of his police powers. Reportedly, the detective was walking away from the crash scene when he was apprehended.

Andrew Cazares, 23, of Summit, Illinois and Fausto Manzera, 21, of Chicago were the victims in the accident. The crash took place around 3:30 a.m. near 18th Street in the southbound lanes of the Dan Ryan. Cazares had pulled his Dodge over to the side of the highway, possibly for a flat tire, when a Lexus SUV driven by the detective slammed into them.

Click here for an accident photo.

This is the second deadly hit-and-run car crash in the news over the past several days where the at fault driver tried to walk off from a deadly accident. In California, a minivan ran a red light and killed LA Angels pitcher Nick Adenhart. The defendant fled the scene on foot and was captured by police a short time later.

Chicago's Top Cop To Get Tough On DUI Police Officers

In Chicago, Illinois, just days after an off-duty detective rear-ended and killed two people in a car accident on the Dan Ryan Expressway, Police Superintendent Jody Weis is saying that he is going to change how the department handles cops that drive while intoxicated, according to the Chicago Sun-Times. A new policy is now in place that notifies a watch commander whenever there is a possible cop DUI. The watch commander must then go out to the scene of the occurrence. The policy is to apply to both on duty and off duty officers.

Fifteen officers were arrested last year for DUI, compared with eight in 2007. Some of those arrests were well publicized. As for last week's accident, the detective's blood alcohol level was allegedly three times the legal limit. He has been charged with reckless homicide, DUI and leaving the scene of an accident.

Last week's accident received more unwanted attention this week when the Judge set bond in the amount of $500,000. There were protests at the Courthouse when this occurred, as family and friends of the victims felt the officer received preferential because of his employment. The detective has posted bail and will appear in Court again on May 1, 2009.

Chicago Area Couple Injured By Falling Arches At McDonald's

A Naperville, Illinois couple has been seriously injured in a bizarre accident at a McDonald's in Eastern Arizona, according to the Daily Herald. A giant set of golden arches fell and crushed their SUV.

They were reportedly just sitting in the parking lot in a Chevy Trailblazer when high winds toppled the arches over. The winds were in excess of 55 m.p.h. The accident took place on Wednesday around 12:30 p.m. on the Navajo Nation reservation in Window Rock.

One occupant sustained a large laceration on his head. The other had to be freed from the vehicle by emergency personnel and had head, neck, back and arm injuries. They were taken to a local hospital by ambulance, however the female victim was later airlifted to a hospital in Phoenix, AZ and is reportedly in critical condition.

It has not been reported if the couple has retained a personal injury lawyer, but there is a good chance that they will. The couple has a strong premises liability case against McDonald's. Giant golden arches do not fall over in the wind unless someone was negligent.