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Zane D. Smith & Associates, Ltd. Legal Blog

Let’s Party at My Parent’s House

The question of liability for a teenage party in the home of a parent is one that comes up more frequently than you might imagine. There are number of factors to consider when determining the liability of the parent for the damages, injuries and, in extreme cases, death of a party-goer. 1. Did the parent have knowledge of the activity…

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To Inhale or Not Inhale: What to Consider Before Representing a Cannabis Business

Should you represent a party in the cannabis industry? With the fairly recent laws in Illinois allowing the legal sale of cannabis for medical purposes, the issue of representing a cannabis business is going to be faced by a number of attorneys practicing in Illinois. Here are three things you should know before a party in the cannabis industry comes…

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Your Phone is Ringing: The Legal Complications of Using a Personal Cell Phone for Work

In today’s business world, employers expect their employees to respond to calls, texts and emails 24 hours a day. This creates both problems and potential legal issues for both the employer and employee in deciding how and when a personal cell phone is to be used for work purposes. Using a personal cell phone for work purposes has its mutual…

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Personal Guarantees: There is a Difference!

Understanding the Difference between a Co-Signer and a Guarantor. Clients sometimes ask me about personal guarantees on loans. This issue comes up frequently with adults asking to guarantee or co-sign loans for children for the purchase of homes and cars. The first question is whether or not the request is to be a guarantor or co-signer. These two obligations, while…

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Lawyer: A Voice for Those Who Cannot Speak

One of the biggest challenges to an attorney representing clients is one where the injured person is unable to speak for him or herself. These cases may involve people who are infants,  young children, the elderly, mentally ill, dementia sufferers, mentally handicapped, or those who are unconscious or in a state of consciousness that does not allow them to communicate…

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Your Easy Rider Motorcycle Case: Should you or shouldn’t you?

When confronted with a potential motorcycle accident case, it is important to know that the issues presented are often unique and distinct from those in the classic automobile accident case. There are three special considerations you need to make before you decide to take a motorcycle case. In general, there is a prejudice against motorcycle riders. Jurors tend to consider…

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Request to Admit

Pursuant to Illinois Supreme Court Rule 216, a party may serve on any other party a written request for admission. In general, the purpose of these requests to admit are to enhance the discovery process and to limit or detail the issues that will be left for the trier of fact in a case which involves either a question of…

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Should You Sign a Sports Waiver?

Sports waivers and their enforceability in the state of Illinois is very complex and can be a very fact-specific issue. Today, most sports and sporting events will require either an express or implied waiver of liability for the participants or fans to participate in the event. For example, a visit to a climbing wall, a go-kart track or batting cage…

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Suing the County

When you have a potential medical malpractice lawsuit against any of the county owned hospitals, such as John H. Stroger, Jr. Hospital, Provident Hospital, Oak Forest Health Center, Ruth M. Rothstein CORE Center, Community Clinics Ambulatory & Community Health Network Clinic, or Cermak Health Services, there are certain things you need to keep in mind that differ from other Cook…

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