Two years ago, Judy Graves was “viciously” attacked by red-winged blackbirds while walking past Elmhurst Hospital in Elmhurst, Ill. Now she’s suing the hospital for $50,000, claiming it’s liable for her injuries because it didn’t block the walking path or post any warnings about the birds.
As the Chicago Tribune reports, red-winged blackbirds are known to attack people during their nesting season and are found “almost anywhere there’s long grass or shrubbery.” To convince a judge the hospital is responsible for an attack by a wild animal is going to be quite difficult, experts said.
“What are they supposed to do? Have no landscaping whatsoever?” said University of Chicago law professor Richard Epstein. “(The hospital) is going to tell her, 'You have to sue the blackbird, red-winged or otherwise—you can't sue us.'”
The hospital declined to comment on the suit, but has since put up warnings around the facility during the blackbirds’ nesting season to protect patients and people passing by.
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John joined TriMed in 2016, focusing on healthcare policy and regulation. After graduating from Columbia College Chicago, he worked at FM News Chicago and Rivet News Radio, and worked on the state government and politics beat for the Illinois Radio Network. Outside of work, you may find him adding to his never-ending graphic novel collection.