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

Grounding Healthcare Spaces in Hospitality Principles

Thoughtful design can establish the calm of a spa and the restorative feeling of a resort in healthcare spaces, bringing benefits for patients and care providers.


UC Davis Health Selects Rudolph and Sletten for Central Utility Plant Expansion

Work is already underway with substantial completion anticipated in the fall of 2027.


Cape Cod Healthcare Opens Upper 2 Floors of Edwin Barbey Patient Care Pavilion

The first two floors opened for patients in May 2025 and house the Davenport-Mugar Cancer Center.


Building Sustainable Healthcare for an Aging Population

Traditional responses — building more primary and secondary care facilities — are no longer sustainable.


Froedtert ThedaCare Announces Opening of ThedaCare Medical Center-Oshkosh

The organization broke ground on the health campus in March 2024.


 
 


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.