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Illinois town considers court case over landfills

Personal injury lawsuits are often relatively simple. The key factor in these proceedings in Illinois civil courts is showing that the defendant had liability, or responsibility to act or not act in a certain way. That responsibility can take a variety of forms depending on the defendant's relationship to the plaintiff or the context of the situation.

An odd case of public nuisance may have a personal injury aspect to it, as a group of homeowners in the Prairie State are discovering. Residents of New Milford are considering a court action against the operator of two Winnebago County landfills that they say are producing noxious fumes.

"I don't know if [it's] a nuisance or a nuisance and personal injury," said the group's attorney. "If I study and find out it's impacting a much wider area, the damages are a much higher magnitude."

Fumes and gases can cause illness as readily as a car or truck can if they are out of control. Another issue with the landfills is trucks that carry cargo in and leave nearly empty, as they can fling rocks and small objects into the roads. As with trucks on the highway, drivers and operators are responsible for properly stowing their loads and preventing damage or injury.

People injured or sickened by other people's actions have the right to make a case for personal injury in civil court. Victims in this position may consider the assistance of an attorney, as legal counsel can be invaluable when considering lawsuits. No one should have to pursue a case like this alone.

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