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

UF Health Hospitals Rely on Green Globes to Realize Their Full Potential

Case study: The process encouraged the team to push themselves in several areas.


How Healthcare Facilities Can Be Truly Disaster-Resilient

Real resilience looks different than what’s written down in plans


TriasMD Breaks Ground on DISC Surgery Center for San Fernando Valley

It is set to open in Q3 2025


Bigfork Valley Hospital Falls Victim to Data Breach

The incident occurred in November 2024


AI-Driven Facilities: Strategic Planning and Cost Management 

6 factors to ensure infrastructure, operations and financial management support AI’s integration


 
 


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.