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

Two Steps to Controlling the Hot Zone

Strategy for disrupting dry-surface biofilm begins with a simple premise: You cannot disinfect what you cannot reach.


RiverSpring Living Breaks Ground on River's Edge Senior Living Community

Occupancy is expected in December 2028.


Encompass Health Reveals Plans to Build Inpatient Rehabilitation Hospital in Post Falls, Idaho

The hospital is expected to open in 2028 and will be part of Encompass Health's national network of inpatient rehabilitation hospitals.


Creating Compassionate Spaces in Healthcare

A new bereavement room at the Children’s Hospital of Michigan NICU aims to provide peace and privacy for families.


Study Shows Connection Between Odor and Patient Experience

A 2024 study identifies the top smells in hospital waiting rooms and how they impact the patient and visitor experience.


 
 


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.

 
 
 
 

Healthcare Facilities Today membership includes free email newsletters from our facility-industry brands.

Facebook   Twitter   LinkedIn   Posts

Copyright © 2023 TradePress. All rights reserved.