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

Hospitals Are Energy Super-Users. Why Is It So Hard to Modernize Them?

Managers face the ongoing challenge of finding a practical way to fund improvements while competing with capital priorities.


Encompass Health Rehabilitation Hospital of Bangor Officially Opens

Encompass Health Bangor is the company’s first wholly owned hospital in Maine.


Early Entry: Manager's Critical Role in Construction Planning

Facilities managers should seek a seat at the table early to shape decisions that affect operations and continuity of care from the onset.


The Evolution of Lighting in Patient Care

Lighting is a significant investment that healthcare facility managers can make to aid in healing.


HealthPartners and Essentia Health to Combine Organizations

The organizations anticipate the combination will be effective Jan. 1, 2027.


 
 


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.