Although serving time for criminal convictions, inmates at Chicago, Illinois, jails have a right to safe conditions. Accidents involving facilities, guards, or other inmates, however, may result in inmates suffering serious injuries or death.
An accident at McHenry County Correctional Facility recently left an inmate with serious injuries. The male inmate fell down a flight of stairs. He was transported to a local hospital, and then airlifted to a second hospital to treat his injuries.
Premises accidents, such as falls down stairs, can often be prevented with appropriate care. If you or a loved one has been injured in such an incident, you may have options. Call our personal injury lawyer at Lloyd Miller Law to discuss your case at 773-838-8100. We offer FREE initial consultations.
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Injuries and Deaths in Illinois Jails
Despite laws and protocols aimed at ensuring their safety, inmate injuries and deaths occur in Illinois correctional facilities. Each year, hundreds of inmates in Illinois file lawsuits claiming injuries due to unsafe conditions, physical assaults, or medical negligence. In Cook County, inmates filed more than 300-injured related claims in 2022.
Between 2020 and 2022, Illinois jails reported 75 inmate deaths. The causes of these deaths ranged from suicide to untreated medical conditions.
Inadequate staffing, as well as the prevalence of mental health issues among inmates, plays a role in the frequency of inmate injuries and deaths. When there are not enough guards to supervise inmates, it can lead to increased violence, neglect, and a higher risk of accidents. Lacking adequate staffing can also make it challenging for staff to respond to emergencies quickly, which may have serious consequences for inmates. By the same token, jails often struggle to provide adequate mental health treatment. When inmates with mental health conditions are not properly cared for, they may be more likely to experience injuries and harm to themselves or others.
Common Causes of Injuries in Jail Settings
Several factors commonly contribute to inmates suffering harm while serving time in jail in the Chicago area. With just under 30,000 incarcerated adults in institutions and adult transitional centers throughout the state as of June 30, 2023, injuries and deaths are bound to happen in Illinois correctional facilities. However, some are due to factors that, with appropriate care and supervision, should not occur. Some of the most common causes of injuries in Illinois jail settings include:
Physical Assaults
Physical assaults are an all too common source of inmate injuries in jails. Such attacks may come at the hands of other inmates, as well as the guards charged with watching over them. Gang activity in jails also poses a risk for physical assaults and harm to inmates. With the confinement of individuals of diverse backgrounds, criminal histories, and mental health issues, tensions can escalate quickly, leading to confrontations and outright violence.
Medical Negligence
Inmates in jail settings may suffer injuries due to medical malpractice and negligence. Inmates in Chicago jails have a right to adequate medical treatment. However, many face barriers to receiving timely and appropriate treatment. Medical negligence in the jail setting, for instance, may include delaying or denying necessary medical attention, providing inadequate or incorrect treatment, or denying access to specialized medical care. Not receiving adequate medical care can result in aggravated health conditions, increased pain and suffering, permanent disability, and, in some cases, an increased risk of death.
Slips and Falls
Slips and falls are a common cause of injuries in jail settings. Unsanitary conditions and poorly maintained facilities can increase the risk of slips and falls, which may result in serious injuries. For example, the issues that can lead to injuries, and indoor vs. outdoor slip and fall claims, may include broken tiles, uneven flooring, slippery floors, debris, or inadequate lighting. In Illinois, more than 15% of reported jail injuries in 2023 were the result of slips, trips, or falls.
Exposure to Hazards
Exposure to environmental hazards, including mold, asbestos, or unsanitary conditions, in Chicago jails may cause inmates to develop serious illnesses. Like other property owners and operators, those responsible for local and state correctional facilities have an obligation to clean up such conditions to ensure the safety of those who work and reside in their buildings.
Suicide
Suicide is a significant concern in jails. Failure to provide adequate mental health care and suicide prevention measures can have tragic outcomes. Lacking protocols, such as proper inmate observation and access to mental health professionals, may increase the risk of suicide. According to the Illinois Department of Corrections, close to 40% of the inmate deaths occurring between 2020 and 2022 were suicides.
Legal Rights of Inmates to Safe Conditions
Inmates in Illinois, and elsewhere, have a legal right to safe conditions. Federal law prohibits cruel and unusual punishment, which extends to the following rights:
- To be free from excessive force
- To receive adequate medical care
- To be housed in conditions that do not pose a substantial risk of serious harm
At last report, it was unclear what might have caused the inmate to fall. No other inmates or guards were in the area at the time of the accident.
Jail Liability for Inmate Injuries
Depending on several circumstances of each case, various parties may be held liable for inmate injuries. The jail or correctional facility itself may be held liable if systemic failures or inadequate policies and procedures lead to inmate injuries. Likewise, correctional officers, wardens, and other jail staff may be individually responsible if their actions or omissions directly contributed to inmates suffering harm.
In some cases, the county or municipality that operates the jail may be held liable, particularly if there are systemic issues or a pattern of negligence. If private contractors, such as medical providers or food service companies, are responsible for the care of inmates and their negligence leads to injury, the contractor may be held liable. An experienced lawyer can review the situation, and help determine who can be held responsible in a premises liability lawsuit for injuries suffered while in jail.
How Courts Determine Liability in Inmate Injury Cases
To determine liability in inmate injury cases, Illinois courts consider a range of factors, including the deliberate indifference standard, the foreseeability of harm, and the duty to protect. With the help of a Chicago premises liability attorney, injured inmates may seek to establish these factors, and successfully recover compensation for their associated losses.
Deliberate Indifference Standard
To establish jail liability in Chicago, injured inmates must meet the deliberate indifference standard. This involves demonstrating that jail officials knew about a substantial risk of harm, and consciously disregarded that risk. For instance, if jail officials were aware that poor lighting in a stairwell obscured visibility in a dangerous way, but did not update the lighting, they could be held liable for the inmate’s injuries.
Foreseeability of Harm
To determine liability, part of the court’s consideration in Illinois is whether the harm was foreseeable. If the jail officials should have reasonably anticipated the risk of harm, they may be held liable, even if they did not intend for the harm to happen. Therefore, the steps in a personal injury lawsuit include considering whether the jail or official knew, or reasonably should have known, about the risk of harm.
Duty to Protect
Jails in Chicago have a legal duty to protect inmates from harm, including protecting them from guard brutality, other inmates, and the risks associated with the jail environment itself. To this end, they should take reasonable steps to prevent harm, or they may be liable for any resulting injuries to inmates.
To determine whether the duty to protect was met, the court will also take into account the reasonableness of the official or facility’s actions. They may be liable if the court determines their actions were not reasonable given the circumstances.
How Can Inmates Prove Jail Liability for Injuries?
To successfully prove liability for injuries sustained in an Illinois jail, inmates typically need to demonstrate that the jail had a legal obligation to protect them from harm, and failed to fulfil that obligation. They must also establish that their injuries directly resulted from that breach of duty, and that they suffered actual harm, such as physical injury, emotional distress, and financial loss.
Various evidence may aid inmates and their legal representatives in establishing these elements of negligence. Medical records can document the nature and extent of the inmate’s injuries, while statements from other inmates, guards, or staff members may help corroborate the inmate’s account of the incident. Jail policies and procedures can be used to demonstrate the jail’s duty of care, as well as any breaches of that duty. Expert testimony may provide opinions on the standard of care and cause of the injury, and physical evidence, like photographs, can provide visual evidence.
What Compensation Can Inmates Recover for Injuries?
If an inmate successfully proves liability for injuries suffered while in jail, they may be eligible to recover various forms of compensation. The costs of their medical care may be covered while incarcerated, however, some injured inmates may incur additional expenses related to their injuries, including hospital bills, doctor visits, medication, and therapy. Injured inmates may also pursue compensation for their physical and emotional pain and suffering.
What Are the Challenges in Filing Injury Claims Against Illinois Jails?
Filing an injury claim against an Illinois jail can be a complex process, fraught with challenges. Primary hurdles inmates may face include:
Proving Negligence
For injured inmates, proving deliberate indifference or reckless disregard on the part of jail officials may be difficult. In some cases, establishing this element may require evidence of facility staff or operators’ state of mind. Further, injured inmates may face challenges in gathering evidence from within the jail system. They often have limited access to information and witnesses.
Meeting the Statute of Limitations
There are strict time limits for filing lawsuits against government entities, including jails. Missing these deadlines may result in inmates losing their right to pursue legal action. Therefore, it’s advisable that they seek guidance from an experienced personal injury lawyer as soon as possible to ensure timely filing.
Government Immunity
In some cases, government entities, including jails, may have immunity from lawsuits. However, there are exceptions to such immunity, and an experienced lawyer may help determine whether they apply in your case.
Access to Legal Representation
Inmates may have limited access to legal counsel to aid with injury accidents. As such, they may struggle to navigate the legal system and pursue their claims. While legal aid organizations and public defender offices may provide some assistance, their resources may be limited.
Witness Tampering and Retaliation
Sometimes, inmates who file lawsuits may face retaliation from other inmates, or even jail staff. Such threats can make it challenging to gather evidence, as well as to find witnesses who are willing to testify.
When Should Inmates Hire a Lawyer?
To help overcome the potential challenges and put themselves in the best position to recover damages, injured inmates should hire a lawyer as soon as possible to assist with their cases. An experienced attorney will take over the investigation, working to secure and preserve evidence like surveillance footage. A legal representative will help an injured inmate understand their legal rights, and guide them through the process of seeking compensation in a case involving a jail or municipality. Whether negotiating with the insurance companies or representing them in the courtroom, premises liability lawyers will tirelessly pursue injured inmates’ interests.
At Lloyd Miller Law in Chicago, we have seen the struggles – physical, emotional, and financial – that people injured due to the negligence of others may face. We have more than 75 years of combined legal experience, helping people like you to recover the compensation they need. Contact us today at 773-838-8100 to discuss your case and options.
