Concertgoers at a Chicago venue may have been exposed to rabies recently. The Chicago Department of Public Health issued a warning after at least one bat landed on a patron during a recent show at the Salt Shed concert venue.
Bats are the primary source of human rabies in the Americas, according to the World Health Organization. While not all bats carry rabies, some in the Chicago area have been found to be carriers of the disease.
If you were exposed to dangerous conditions at a Chicago property, such as bats, slippery floors, or poor lighting, and suffered harm as a result, contact our premises liability lawyers at Lloyd Miller Law to discuss your options today at 773-838-8100. We offer FREE consultations.
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What Are the Symptoms of Rabies?
At the time of the public health warning, there were no reported cases of rabies resulting from exposure to bats at the concert venue. Should concertgoers begin to develop symptoms, however, they may include flu-like signs, such as headache, fever, weakness, and discomfort. Some also experience side effects such as prickling or itching sensations at the bite site.
Rabies is a viral infection that affects the nervous system. Left untreated, rabies may progress and begin affecting brain function. In this more advanced stage, people exposed to rabies may experience:
- Anxiety
- Insomnia
- Confusion
- Agitation
- Delirium
- Hallucinations
Rabies may also cause people to develop excessive salivation and a fear of water, and to experience seizures. The disease can lead to coma and death as it progresses.
How Long After a Bite Do You Get Sick?
The incubation period, or time between exposure and the appearance of symptoms, for rabies varies based on several factors. The patient’s age, the severity of the exposure, and the location of the exposure site in relation to the brain, among other factors, may affect when people begin to develop symptoms.
Initial rabies symptoms often take between weeks and months after exposure to manifest. Progressed symptoms usually appear within two weeks of the initial symptoms. Rabies is almost always fatal at the point when clinical signs of the disease begin to manifest.
How Is Rabies Treated?
The standard treatment for those exposed to rabies is to receive a series of vaccine shots. This course of action requires multiple injections over several weeks.
Once the symptoms of rabies appear, it’s generally too late for treatment. Therefore, it’s important to seek medical attention immediately after exposure, even if not bitten or scratched. The virus can be transmitted through saliva or other bodily fluids.
When people are diagnosed with rabies, they are often hospitalized and placed in isolation. At that point, their treatment will typically involve supportive care aimed at managing the symptoms and preventing complications.
What Responsibility Do Venue Owners Have to Keep Patrons Safe?
Outdoor concert venues present safety challenges. Recognizing these challenges, Chicago venue owners have a legal duty to maintain their premises in reasonably safe conditions for patrons. Their duty extends to preventing dangerous conditions that may cause injuries.
Specific Dangers at Concert Venues
Often crowded and dimly lit while in use, concert venues present unique issues in regard to safety. Some of the most common dangerous conditions at such premises include:
- Slippery Floors: Spills, rain, and other sources of excessive moisture can make floors slippery, which may lead to falls
- Poor Lighting: Dimming the lights may enhance the show experience, but it can obscure dangers and lead to tripping hazards
- Overcrowding: Excessive crowding can lead to injuries, as well as make it difficult for security or emergency medical personnel to respond to situations that may arise
- Structural Defects: Faulty structures, including stages or bleachers, can lead to failures and collapses that may cause serious injuries
- Natural Hazards: Outdoor venues are susceptible to natural hazards, such as extreme temperatures, strong winds, lightning, and rain
- Wildlife Encounters: In some cases, patrons may encounter wildlife, such as the bats at the Salt Shed music venue, that may attack and cause physical injuries or expose people to rabies
An experienced Chicago premises liability attorney may explain what types of incidents fall under premises liability claims, and help you determine whether a preventable dangerous condition contributed to your accident and injury.
Venue Owners’ Duty of Care
To fulfill their duty of care, venue owners must take reasonable steps to identify and address hazards. As such, they may conduct regular inspections of the property to identify and address safety hazards. Ensuring the venue is properly maintained and all the equipment is in good working condition may help prevent minor issues from becoming major dangers.
In addition to maintaining the premises, venue owners must provide adequate security to prevent and respond to incidents. They should also develop and implement emergency plans to respond to accidents and other situations.
While venue owners cannot control wildlife, they can take steps to manage animals in the area. Venue owners may put up fences, use nets or shades, or take other precautions to deter wildlife from entering the venue. They may also put up signs or use other methods to educate patrons about the risks of encountering certain animals. An experienced premises liability lawyer may help those injured understand who can be held responsible in premises liability lawsuits involving wildlife attacks or exposures.
What Elements Do You Need to Prove Liability?
If patrons suffer injuries due to dangerous conditions at outdoor concert venues, the premises owners may be held liable through a premises liability lawsuit. To successfully do so, they must prove the owners were negligent by establishing the following four elements – duty of care, breach of duty, causation, and damages.
Duty of Care
Under most circumstances, venue owners owe a due of care to patrons at their premises. To establish they were owed this responsibility, concertgoers may provide ticket stubs that show they purchased access and were granted entry to the premises.
Breach of Duty
For injured concertgoers to successfully pursue premises liability lawsuits, they must also prove that the venue owners breached their duty of care. As such, their personal injury lawyer will present evidence to help show that the property owner or manage had actual notice of the dangerous condition, and failed to exercise reasonable care in maintaining the property to address such hazards.
Causation
The breach of duty must have directly caused the accident or incident that resulted in injuries for concertgoers seeking to recover through a premises liability lawsuit. As such, they must establish they would not have developed the condition but for the venue owner or operator’s negligent behavior.
If they developed rabies after exposure to a bat at the Salt Shed concert venue, concertgoers would need to provide evidence that establishes causation. A personal injury lawyer may present evidence of the direct contact with the bat, such as witness testimony or medical records. They will also provide support for claims that the bats were present on the property, such as maintenance records, prior incidents, and expert testimony.
The evidence in such cases should also establish a failure by the property owner or operator to take reasonable precautions. Such safety measures may include making reasonable efforts to prevent bats from entering the venue. If the wildlife, including bats, cannot be kept out of a venue or off a property, owners or operators would provide warning about their presence, and the risks associated with encounters.
Damages
To obtain compensation through a premises liability lawsuit, injury victims must have suffered actual damages. An experienced personal injury lawyer may present documentation, such as medical billing statements, employment leave and earnings records, and testimony from victims, their family and friends, and expert witnesses to establish that actual damages were suffered, and aid in determining their value.
Additional Considerations
There are several other considerations that play a role in premises liability cases.
The existence of a dangerous property condition alone is not enough for the basis of a premises liability claim. Rather, those seeking damages in such cases will generally need to prove that the property owner or manager had actual or constructive knowledge of the dangerous condition that caused the injuries.
Comparative negligence may also play a role in premises liability cases, including those involving bat exposures. Under Illinois’ comparative negligence system, concertgoers who share partial fault for their injuries may have their damages reduced. A judge or jury will assign percentages of fault to each party, and any recoverable damages may be reduced proportionately to that percentage. For example, a concertgoer sought out interaction with an animal that had made its way into the venue, and the court assessed them to be 10% at fault. The economic and non-economic damages they recover, valuing $100,000, would be reduced by 10% to $90,000.
Can Concertgoers Sue the Venue If They Don’t Develop Rabies?
Even if they did not develop rabies, concertgoers at the venue when the exposure may have occurred might have suffered injury due to the presence of bats. As such, they may still have a right to pursue compensation for their injury-associated losses. For example, if they were scratched or bitten, such damages may compensate them for the costs associated with treating the injuries.
Due to the risk of exposure at the venue, concertgoers who believe they were in contact with wildlife during the concert may seek medical care. In some cases, they may receive the vaccination course to avoid the onset of the potentially fatal condition. Depending on the circumstances, they may consult with an experienced attorney to discuss what is premises liability in Chicago, and whether they have a case.
What Is the Time Limit for Filing a Premises Liability Lawsuit in Illinois?
Illinois, like other states, imposes a specific time limit for filing premises liability lawsuits, known as the statute of limitations. Under most circumstances, the statute of limitations for cases involving personal injury, such as those resulting from dangerous property conditions, is two years. Therefore, injury victims must file such lawsuits within two years of the dates of their injuries.
Failing to file a premises liability lawsuit within the statute of limitations can have significant consequences, including costing those injured the opportunity to recover damages. Even if they have valid claims, people cannot file premises liability cases outside the two-year window, unless they meet certain exception criteria.
Certain circumstances exist in which the statue of limitations in such a case may be tolled or extended, temporarily stopping the clock. Exceptions that may lead to tolling or extensions include the victim not yet reaching the age of majority or lacking mental capacity, or the property owner fraudulently concealing the fact of the injury or who was responsible.
What Damages Can You Recover in a Chicago Premises Liability Claim?
From covering the costs of the required medical care to missing time from work, injuries resulting from dangerous property conditions can place a heavy financial burden on those who suffer them, and their families. Through a premises liability claim, however, they may seek to recover compensation for their economic and non-economic losses.
Economic losses available through a premises liability lawsuit include the costs of associated doctor’s office visits, medication, and hospitalization, lost wages, and lost future earning capacity. The non-economic losses that injury victims may seek with the help of a premises liability lawyer include pain and suffering, and loss of enjoyment of life. Suffering injuries, including rabies exposure, while attending a concert can leave people struggling physically, emotionally, and financially. Consulting with an attorney experienced with such cases may explain their options, preparing them to make informed decisions about their next steps. Having more than 75 years of experience, our Chicago premises liability lawyers at Lloyd Miller Law are committed to helping those injured because of the negligence of others to recover the compensation they deserve. To discuss your case, contact us today at 773-838-8100.
