Illinois hospital sued for red-winged blackbird attack

Suit says hospital knew it hosted aggressive birds in its landscaping but failed to block the path or post warning signs


Elmhurst Hospital in Elmhurst, Ill., is being sued by a woman claiming she was attacked by a red-wing blackbird while walking on hospital grounds, according to an article on the Chicago Tribune website.

The woman claims the hospital knew it hosted aggressive birds in its landscaping but failed to block the path or post warning signs. She seeks more than $50,000 plus legal costs.

Experts said the case could turn on the legal doctrine of "ferae naturae" — wild animals that aren't owned by anyone.

Richard Epstein of the University of Chicago Law School said the woman will have a hard time winning her case. He said the birds and their nests are protected by the Migratory Bird Treaty Act, which bars property owners from removing them, and landscaping is looked upon as a public good.

"What are they supposed to do? Have no landscaping whatsoever? (The hospital) is going to tell her, 'You have to sue the blackbird, red-winged or otherwise — you can't sue us,'" he said in the article.

Read the article.

 

 



June 28, 2017


Topic Area: Safety


Recent Posts

Hand, Foot and Mouth Disease on the Rise

A number of states are reporting an uptick in HFMD, a highly contagious viral illness that primarily affects infants and young children.


Preparing for the Hazards of Winter Weather

Winter is here and healthcare facilities must be ready for inclement weather to prevent slips and falls.


BayCare Reveals Pagidipati Children's Hospital at St. Joseph's

It is a freestanding facility scheduled to open in 2030.


Why Identity Governance Is Becoming a Facilities Management Issue

As healthcare buildings grow more connected, weak identity controls can expose HVAC, security and other critical systems to serious risk.


Habitat Health Opens South Los Angeles PACE Center

The new center strengthens the local care infrastructure, delivering integrated medical, social and in-home care.


 
 


FREE Newsletter Signup Form

News & Updates | Webcast Alerts
Building Technologies | & More!

 
 
 


All fields are required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.