People injured by government employees are currently restricted in the amount of damages they can recover without a claims bill being pushed through the legislature. The “cap” now is $200,000.00 per person and $300,000.00 per incident. This has long been viewed as unfair and draconian. Seriously injured folks, catastrophically injured, have been denied full compensation under the current law. Take for instance the case of a North Palm Beach man who was run over by a school bus leaving him unable to care for himself. The town settled the case for 1.9 million dollars but the man is still waiting for his money more than two years later. Very few of these “claims bills” pass and they are politically motivated and controlled by Tallahassee insiders. Reform, however, is on the way. The new proposed system would require municipalities to carry insurance with limits of 3 million per person and 4.5 million per occurrence. Those municipalities that choose to not carry insurance would be subjected the amount a jury would award regardless of the caps. Attorney’s fees would still be limited to 25% of the gross amount. Critics on both sides are complaining. Tort reform advocates see nothing wrong with the current system. Advocates for the citizenry say the new caps are too low. This is an excellent start to hold the municipalities accountable for the negligence of their employees. Obviously, work still needs to be done by the lawmakers to hammer out an acceptable new law, but it’s a start.
As expected, most people associate brain injuries with catastrophic accidents. However, even minor accidents can cause brain injuries. According to the Centers for Disease Control and Prevention (CDC), automobiles accidents and falls are the leading cause of mild traumatic brain injury (MTBI). Furthermore, while early symptoms appear mild, they can cause serious life-long changes in an individual’s ability to function physically, cognitively and psychologically. According to the CDC, the following are the symptoms of a MTBI:
BEHAVIORAL CHANGES: Irritability, depression, anxiety, sleep disturbances, problems with emotional control, loss of initiative and/or problems related to employment, marriage, relationships, home management, or school management.
If you or a loved one is experiencing any of the following after an accident, seek immediate medical attention.
The U.S. Supreme Court finally affirmed the Ahlborn decision. Arkansas Department of Human Services. v. Ahlborn, 547 U.S. 268 (2006) (commonly called Ahlborn) is the case that set a formula for Medicaid agencies to recover from third party liability settlements. The new case, called WOS vs. EMA 568 US XXX (March 20, 2013) affirmed that Ahlborn is the preferred system of negotiating Medicaid settlements. In WOS the Supreme Court said that it was wrong for North Carolina to follow a State law which created an “irrefutable statutory presumption” that 33.3% of a tort recovery was the amount necessary to repay Medicaid on their subrogation claim. That is a mouthful. Yet, what does it mean?
Ok here is the deal: In an injury case the Plaintiff sues the Defendant for money damages. The most common example is a car accident. One person is hurt and needs medical care. The other guy gets sued for causing the accident. The problem is that the victim goes to the doctor and the doctor wants to be paid. Who pays the doctor? Well either the victim pays (not usually), or the victim has health insurance, so the doctor sends the bill to the health insurance company. In many cases the victim doesn’t have health insurance but rather has health insurance through the government (Medicare or Medicaid). When the government is involved in paying for medical bills and a “third party” (third party refers to the Defendant who drove the at fault vehicle in the auto crash) is going to pay the victim money, partially to reimburse them for the medical bills, then the Government is entitled to get some of those payments back. The problem here is that the State Agency won’t provide the victim’s attorney with a number to actually pay them back and it is wrong for the victim’s attorney to distribute the money to the victim until the Medicare lien is settled. So the money, at this point, tens of millions of dollars, is being held up waiting for the Court’s direction. Hopefully the WOS case gave them enough direction to start moving cases forward again.
The Ahlborn decision set out an equitable formula to figure out a fair amount to repay Medicaid or Medicare. That formula was not loved by the states, who are the people who get repaid those Medicaid benefits because it provided them only a small sum of the total award. So, some states started to create their own system to determine the amount the victim should repay Medicaid for their medical bills. In the WOS case the North Carolina law gave the state the right to collect far more of the settlement money in those cases. While 1/3 may not seem unfair, when you look at the total settlement and the total damages you can see how the North Carolina law can result in unjust results. The WOS case was a good one to figure out whether Ahlborn was a better system than the North Carolina law because in WOS the total damages to the victim was estimated at $42,000,000.00. That means that the total future damages were staggering. Unfortunately the total funds the victim got from the case were only $2.8 million. This means the victim only received about 5% of the total damages. Then to make matter worse the State of North Carolina wanted 33% of the $2.8 million. That would have left the victim with less than $800,000.00 after costs and fees were deducted. It was not inequity that sank the North Carolina decision. It was the fact that it was imprecise. The court chastised North Carolina for trying to adopt a one size fits all arbitrary allocation system that, in some instances, would permit Medicaid to collect payments not designed for medical care.
While we all want to cheer that Ahlborn is “the System” now that the WOS case said Ahlborn was a good system; the WOS decision did not state that other State systems were wrong or unworkable. However, it seems to me that Ahlborm is safe, and at this point a safe system should be the defector system. This will allow the State Agencies to move forward and get all their overdue settlements paid and finished!
A recent Florida 3rd District Court of Appeal decision illustrates the importance that all those insured must notify their insurance carriers any time a loss occurs. Waiting 5 years for the damages to be realized is definitely a mistake. Even waiting a few months can be a mistake under certain circumstances. Any time there are grounds to suspect a loss has occurred; notification should be made to the insurance company immediately. Even if a claim does not come to fruition, all potential losses should be reported, IN WRITING. Verbally calling an insurance agent is a big mistake many people make, not realizing that sometimes insurance agents don’t forward a call properly or don’t relate the information accurately. These mess-ups will fall on the shoulders of the customer, not the insurance carrier.
Always provide notification to your insurance carrier in writing and preserve a copy of what was actually sent and the method used in sending it. Certified mail is the best way to proceed. Every insurance policy issued in Florida contains provisions on how to make a claim, very rarely do those revisions or instructions say to call the agent. Documenting that a claim has been reported, even if the extents of damages are unknown preserves the ability to seek cover general later date.
First and foremost, let me clarify this has absolutely nothing to do with burying someone. The entire focus of the Undertaker’s Doctrine is whether someone can be liable civilly for helping someone in danger. Surprise, you can be held liable! According to a Supreme Court of Florida decision, the Undertaker’s Doctrine requires that whenever one undertakes to provide a service to others, the individual thereby assumes a duty to act carefully and to not put others at an undue risk of harm. For example, let’s say you are at a public pool with your family. Suddenly, you see a young man drowning. The person sitting next to you jumps up and starts running towards the drowning young man. As he reaches the drowning young man, the Good Samaritan decides he would rather not help and the young man drowns. As a result of the Samaritan’s actions, no one else responds. In other words, everyone else relied on the Good Samaritan. In this scenario because the Samaritan did not act reasonably, he could be held liable. Thus, even though the Samaritan was not a life guard, he could still be liable simply for starting to act and quitting. The Undertaker’s Doctrine would also have applied to a life guard or anyone else that assumes responsibility under a contract. Folks, the moral of the story is if you’re going to help please make sure your actions are reasonable.
Sadly, not all individuals who slip and fall due to the negligence of others will be compensated for their injuries. Often times, this occurs because no evidence of the accident exists, so as you can imagine, a slip and fall in a busy store will result in great embarrassment. As such, the typical human reaction is to get up, leave the store as soon as possible and hope no one saw the event. Folks, I get it. A slip and fall is embarrassing, and you don’t want to draw attention to yourself. Unfortunately, leaving without reporting the event and documenting what caused the fall can be fatal to a claim for injuries. Don’t forget, to be successful we must prove that a dangerous condition caused your fall, and the store knew or should have known the dangerous condition existed. It is extremely important to report the fall and gather as much evidence as possible.
The New Year 2013 has begun, and winter break is almost over for the students in Palm Beach County. That means more traffic. Parents commuting their children to and from school, school buses out on the road, and a lot of children walking to and from school.
Courtesy of Dori Slosberg Foundation, the Florida Department of Transportation, and the Community Safety Program are just reminding motorists and pedestrians to take extra traffic safety precautions. It has been said that the beginning of the school year has an increased risk of transportation related incidents. Here we provide just a few tips to help make your commute to and from school/work a little safer.
Tips for Motorists:
• Do not text or talk on your cell phone while driving.
• Slow down and obey all traffic laws and speed limits.
• Be alert for school zones that have a reduced speed limit at designated times of the day.
• Watch for school buses. Red flashing lights and an extended stop arm indicate the school bus is stopping to load or unload children.
• Be alert for children playing and gathering near bus stops and for those who may dart into the street without looking for traffic.
• When backing out of a driveway or leaving a garage, watch for children walking or biking to school.
Tips for Parents:
• Be a good role model.
• Always buckle up in the car, always wear a helmet when biking, and always follow pedestrian safety rules.
• Supervise young children as they are walking or biking to school or as they wait at the school bus stop.
• If your child is under 4 years old and weighs less than 40 pounds, make sure the child is properly buckled up in a weight-appropriate child safety seat in the back seat.
• Children, ages 4 to 8, weighing over 40 pounds and measuring four feet nine inches or less should ride in a booster seat.
• In addition, safety experts advise that all children under the age of 12 should ride in the back seat.
• Make sure that your teen driver understands and obeys all traffic laws.
Tips for Students:
• Always buckle up when riding in a car.
• Be sure to remove your backpack before getting in the vehicle.
• Never buckle your safety belt with your backpack on.
• Always ride in the back seat. It’s the safest place for young people.
• Always wear a helmet and follow traffic safety rules when riding your bike.
• If you ride a school bus, learn and practice the safety rules for waiting at the bus stop, getting on and off the bus, and riding the bus.
• It’s extremely important for you to use sidewalk when available, look left-right-left when crossing the road, and always walk facing traffic.
• Always cross at crosswalks; obey all traffic signs, traffic lights and crossing guard instructions.
• Cross railroad tracks only at designated pedestrian or roadway crossings.
• Do not walk, run or ride your bicycle down railroad tracks. It's illegal and dangerous.
• Teen drivers should avoid speeding and distractions while driving, such as texting, talking on cell phones, eating and adjusting the radio.
• Teens are also reminded never to overload their vehicle; everyone riding in a vehicle must use a safety belt.
We hope that these tips have been a helpful reminder and will be put to great use. Happy new year, and stay safe!
As the holiday season begins, many offices will be holding their annual holiday office parties. While these events can be a fun and effective way to celebrate and thank employees for a year's worth of hard work, employers should take notice of potential liabilities that may arise from holiday revelry.
When alcohol is served, many people lose their inhibitions and may engage in conduct that can be categorized as either overly friendly or aggressive. Often, sexual harassment can be linked to alcohol-fueled holiday parties. This may be avoided by consciously limiting alcohol intake and “cutting off” certain people when necessary.
Likewise, alcohol-related injuries to third parties may present possible liability for employers if intoxicated employees are “overly served.” While the employer may still be a named defendant in a potential lawsuit for injuries to a third party, generally when the event is held at a location other than the office, the employer may be able to limit their liability if the event is held at a restaurant or bar.
This does not mean that you cannot serve alcohol at your company holiday party. There are ways companies can throw parties while still protecting themselves from legal consequences. Please take these suggestions into account:
Have the event at a bar or restaurant, and have the employees pay for drinks themselves, and/or supply tickets for either one or two drinks.
Create a policy about the consequences of inappropriate actions to be handed out to employees before the event.
Stop serving alcohol at least one or two hours before the event is scheduled to end.
Make attendance to the event voluntary and not mandatory.
Advise the bartender to not “over serve” anyone.
Offer free cab rides home.
If these precautions are heeded, everyone will have a joyous holiday season. And remember, NEVER drink and drive. Happy Holidays!
It’s so easy to become injured. You can slip and fall on the sidewalk, or you can be traumatically injured in a car accident. Your health can change at the drop of a hat. If you are the victim of the negligence of others, you should consider hiring a personal injury attorney to represent your case to ensure you get fair compensation for your injuries.
Floridians are subject to a variety of personal injuries. Any injuries sustained in a traffic accident, boating accident or pedestrian accidents are considered personal injuries. Injuries involving nursing home abuse, defective drugs, or simple slips and falls are also classified as personal injuries. No matter how big or small the personal injury may be, you owe it to yourself and your family to seek justice and compensation.
Sometimes you have to deal with a variety of people following a personal injury situation. For example, you may be required to speak with law enforcement, hospital staff and/or the other involved parties. Having an experienced personal injury attorney by your side can alleviate some worry about speaking with others and can ensure you are treated fairly.
Following an accident or other personal injury scenario, you may not be able to return to work. This will obviously put financial strain on your household, which can then cause emotional damage. You may also incur physical symptoms like neck or back pain that will require multiple doctor visits. You should hire an attorney experienced in Florida personal injury laws to make sure you’re treated fairly and receive just compensation for your injuries.
If a loved one passes away due to personal injury, you have the right to fight for compensation. Death is heartbreaking, and the financial burden can be heavy. You will be faced with making funeral arrangements as well as dealing with any financial burdens the deceased has left behind. Personal injury attorneys are trained to handle this type of devastating situation to make sure you receive fair compensation.
If you’re the victim of a personal injury, you should hire an attorney to represent your case. Personal injuries include injuries sustained during a traffic accident, from nursing home abuse, or from a simple slip and fall. All of these scenarios can be devastating, both physically and financially. An experienced attorney can help alleviate your worries by pointing you in the right direction to getting fair compensation for your injuries. Florida is a great place to live, but accidents happen everywhere. If you or a loved one sustains personal injuries, there are a variety of lawyers experienced in Florida personal injury who are willing to help represent your case.
Reference: Personal injuries can be devastating, both physically and financially. Following an accident where you or a loved one sustained personal injuries, you should contact a personal injury lawyer. Palm Beach, Florida is home to many experienced personal injury lawyers who are ready to represent your personal injury case.
The current national outbreak of fungal meningitis linked to a spinal injection with a contaminated steroid produced by the New England Compounding Center in Framingham, Massachusetts has recently been commented on by the Centers for Disease Control and Prevention (CDCP). The CDCP is suggesting that those that may be infected by the injection within the past six weeks but have no symptoms follow two options:
1. The first option is to keep watch for symptoms (e.g., headaches, stiff neck, dizziness, fever and sensitivity to light) and to perform a spinal tap if they occur.
2. The second option is to perform the spinal tap even if there are no symptoms present.
The CDCP went on to further note that spinal taps are NOT RISK-FREE. There is a remote chance that someone who was injected with the contaminated drug may transfer the infection to the spine via the spinal needle. In other words, directly infecting the patient with meningitis by way of a test meant to detect a meningitis infection. Another side effect of spinal taps is headaches, which is one of the symptoms of meningitis.
As of the writing of this blog, Florida has seen its twenty-third case of meningitis allegedly brought on by an infected injection. Of those 23 people infected in Florida, three have died as a result. There have been a reported 340 reported cases nationwide in 18 states.
If you have any questions or concerns about this outbreak, legal or otherwise, give us a call, and we will lead you in the right direction. www.labovick.com
In spite of the U.S. Supreme Court's denial to hear two recent cases from the U.S. Court of Appeals for the Ninth Circuit regarding police officer Taser abuse, the debate over this issue is at full steam. The first of these cases involved a pregnant woman being shocked by an officer using a Taser after she refused to sign a traffic ticket for driving 32 miles per hour in a 20 mph school zone. The second case was regarding a Hawaiian woman who was “Tasered” by an officer during a domestic violence call.
Both victims filed suit against their local police departments, stating that the officers used excessive and unnecessary force that violated their Fourth Amendment rights. Lawyers representing the police officers say that the officers should be free from such lawsuits due to qualified immunity. The trial courts decided that the officers were not entitled to qualified immunity in both of the women's cases and that the cases should carry on to trial.
The Ninth Circuit disagreed; stating that even though the officers may have used excessive force, there was not enough of an established law at the time of the incidents that would have warned the officers that their actions were unconstitutional or excessive. This supported the officers’ case for qualified immunity.
Since the Supreme Court has denied to hear these cases, the rulings will stand. Still, these cases represent a heated debate about Taser use that is really just beginning.
A Taser, which is actually the brand name for the devices that shoot electrical wires to deliver a debilitating shock to its victim, immobilizes the muscles in the body and can cause serious pain to an individual.
People in favor of Taser use make the argument that they give police officers a safer way of subduing violent individuals without having to use deadly force. Even the sight of a Taser being drawn, they say, can be enough to make a suspect comply with the officer’s orders.
People against Taser use argue that officers use the devices in lieu of proper police work, which ultimately leads to abuses of power and civil rights violations.
One of the biggest issues regarding Tasers is that they are often used without the knowledge that the device can be lethal. People with health or heart concerns, people who have just engaged in serious physical activity or people who are under the influence of drugs could all face potentially life-threatening results from a Taser shock. In the past, officers have used Taser devices on suspects that fall under these descriptions, often with unfortunate outcomes.
In fact, more people have died as a result of Taser devices than one may think. According to Amnesty International, at least 500 people have died from Tasers since 2001 in the United States alone. Of these deaths, nearly all of the individuals were unarmed.
Even though these numbers are shocking, more and more police officers and law enforcement officials are using Tasers. If you have been harmed by an officer using one of these devices, it is a good idea to seek a legal opinion by an experienced attorney as soon as possible.
For more information on this issue, visit: http://www.24-7pressrelease.com/press-release-rss/taser-debate-increases-as-the-supreme-court-declines-to-hear-excessive-force-cases-293960.php
Everybody loves Facebook. And if it's not Facebook it’s YouTube. Social media has become the new way to communicate with your extended family and friends like never before. It's quick, easy and for the most part, fun.
However, there are many drawbacks to social media in the litigation context. Insurance companies and insurance defense attorneys now explore all social media to find information to use against plaintiffs in personal injury suits. People forget what they post on the social media sites. Clients put pictures of themselves having fun, talk about embarrassing topics and basically let it all hang out for the world to see. This is fertile ground for attorneys to gather information to impeach litigants.
I have used social media to investigate defendants in personal injury actions and found a lot of information, including admissions that I have been able to use against the defendant during the litigation process. Conversely, I require all my clients to allow my access to their social media profiles, so I may monitor it from time to time and filter what they put on the site. Ideally, I insist that my clients shut down their social media accounts, but for many this is too much to ask.
Remember, once it's out there it's out there for good. There are no take backs or second chances. Many cases have been lost on both sides of the courtroom by the client doing himself in by posting inappropriate material and photographs, and admitting wrongdoing through social media sites.
If you find yourself in an unfortunate situation where you are having to sue another person or are being sued, be very mindful that what you post on a social media site may become admissible evidence.
We recently uncovered an interoffice memorandum from a major auto insurer. It was entitled “The Do's and Don'ts of a Minor Car Accident”. In this interoffice memorandum, the author instructs the carrier's employees to advise their insureds of certain protocol to take after a minor accident. Most of it is common sense and universally accepted by insurance companies and plaintiffs lawyers. However, some of the information contained in the memorandum is material that the insurance defense lawyers use to criticize plaintiffs’ claims and discount the value of plaintiffs’ cases. The memorandum instructs the insured to not assume there are any injuries. It goes on to say that even low impact collisions can cause injuries, some not appearing until days after the accident. These are concepts that insurance defense attorneys use against plaintiffs in discounting their cases in their argument to juries across the country. They continually harp on the lack of property damage and low velocity crashes. “How can this little damage cause the injuries that the plaintiff is complaining about?"
Another argument asks the jury to consider why the injuries didn't appear in the plaintiff until days after the collision. The memorandum instructs the insured to take notes and photographs and exchange all types of information at the crash scene. But when the case goes to court the insurance defense attorney will use these photographs against the plaintiff in implying that the personal injury claim was manufactured from the start.
How do we reconcile these inconsistencies between an internal insurance memorandum and the tactics used by the insurance company's lawyers to fight plaintiffs’ claims? Simple, insurance companies are duplicitous profiteers. They are concerned with bottom-line profits and the appearance of success to their shareholders. How the plaintiff's bar is prepared to confront these internal memorandums has yet to be seen. But one thing we know for sure is that the truth will eventually come to the surface and the carriers, and their attorneys will be exposed to the public for what they are.
Do you know the distinctions concerning trip and fall and a slip and fall injury? How could you see whether the first is a claim and a second may not be? There exists a rather straightforward difference between a slip and fall and a trip and fall. This particular posting talks about both of them.
Distinctions Regarding Slip and Fall and Trip and Fall
They are generally used interchangeably, but you will find important differences and traditional illustrations which distinguish both of them.
A slip and fall occurs when an individual is walking within an location and there is something slippery or wet. It may be originating from a dripping freezer cooler, coming from oil remaining somewhere. It could be coming from mildew and mold that has developed upon an external stair case which has not been maintained from the property proprietor.
A Trip and fall, by contrast, could be in which an individual is walking and there exists a factor that is impeding the pathway, a curb is simply too excessive, a footpath where the roots belonging to the trees contributed to bringing the pavement paneling upward and so they trip upon it given that they can’t notice since it is in the shade of the tree.
This summer Federal motor carrier safety administration (FMCSA) conducted a surprise inspection sweep of many motor coaches, large trucks and tour buses. The sweep will cut across 13 states including most of the Eastern seaboard and the District of Columbia. The reason, and need, for these inspections is because of the rash of fatal accidents that have steadily risen in number over the past year.
We all assume buses and motor coach greyhound bus style travel is safe. Suddenly the lack of government regulation, difficult to bring tort/negligence claims and almost no oversight, is causing people to get hurt or even die unnecessarily. The National Highway Traffic Safety Administration (NTSA) has also taken note. They are proposing additional requirements to include anti-rollover equipment on all motor coaches and big trucks. This coincides with the release of a 1,600 page report from the National Transportation Safety Board (NTSB) that details the reasons for the deaths of passengers for bus accidents over the last year in New York City. That report spotlights many safety issues for buses. The new equipment has been effective at stopping roll overs on cars and light trucks. Engineering this computer assisted braking and vehicle movement stabilizers to fit buses and large trucks will certainly save lives.
Summer travel brings on a a glut of motor coach, large truck and bus travel. Certainly accidents will increase. Travel on buses throughout our national parks, and around the major cities, is the norm for many tourists. Hopefully with new regulations, better equipment, and increased inspections we will all have safe summer vacations.
LaBovick Law Group concentrates their national injury practice into three divisions: the large truck/motor coach/bus accident division; the catastrophic accidents division and the Florida maritime lawyer division. Don't trust your bus accident case to a firm that handles car accidents. Hire a firm that is familiar with the national standards and regulations of the large truck and motor coach industry. We offer a free consultation and can handle cases in all 50 states.
This is part three of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at corporate bullying and the correct actions one should take.
In the past several years, there have been many reports of workplace bullying. Our law firm, LaBovick Law Group, is handling several large bullying personal injury cases, both in the workplace and in the schools. It seems that the cliché “once a bully, always a bully” holds true, and that bullying can transcend from the schoolyard to the workplace.
As adults, we feel as though we must handle these types of problems on our own. We believe that our maturity will be able to withstand the bullying and there is no sense in getting others involved. However, workplace bullying is a Human Resources problem that needs to be brought to the attention of the employer. If the employer is unaware of the bullying problem and it results in some form of injury, there may be no legal recourse against the employer for the damages that the bullying has caused. Therefore, it is important that the victim notify Human Resources of the bullying when it commences so that a file may be created in addressing the situation.
The victim should notify the appropriate authorities within the corporate infrastructure in writing and keep a copy of the correspondence. If the problem does not cease within Human Resources, the victim should take the matter up the corporate ladder until it is satisfactorily addressed. With the written correspondence, the employer is on notice of the potential problem that may cause the company legal issues down the road. The employer is more likely to respond quickly and in a manner to resolve the conflict to the satisfaction of the victim.
As an adult, if you find yourself being bullied, you should address the problem immediately within the company and seek counseling if you feel it is necessary to overcome any emotional stress that the bullying has caused. As has been reported on several occasions across the country, employees have allowed themselves to be bullied to the point where they have felt helpless and have committed suicide. While these cases are rare, they could have been avoided had the employee addressed these issues directly with the employer in an appropriate form and had sought professional help for the emotional trauma that was caused. In rare instances, the employee may simply have to find employment elsewhere. However, no respectable corporation would allow bullying to take place within the scope of its business and risk an unnecessary lawsuit if it can be avoided by other means.
As our world becomes more complex and information becomes more available, we are all being made aware that old problems such as bullying are still around and will be for years to come. Whether you are a parent or an employee, you can nip the problem in the bud by protecting yourself and the ones you care about in the aforementioned ways.
This is part two of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at the signs to look for that your child is being bullied, what cyberbullying is, and how to stop both.
Bullying Is A Serious Issue
In part one of my series, I gave a definition of bullying: bullying is aggressive behavior that is intended to cause harm or distress. If this has happened to your child, they are not alone. Over one third of teens have reported being bullied while at school. Bullying is a significant and pervasive problem that affects children of all ages, with serious short term and long term consequences.
Signs That Bullying Has Occurred
There are many signs we can look for, as parents, to recognize whether or not our child is being bullied. Signs to look for in your child include:
Coming home with damaged clothing.
Missing items such as books and electronics.
Physical injuries.
Loss of appetite.
Loss of sleep.
In extreme instances, child may begin to discuss suicide and feelings of hopelessness.
Ways to Stop Bullying
The best way to fight bullying is to work as a family. The parent must sit down and have a very honest discussion with the child in order to find out where the bullying is taking place, and the identity of the bully. If it is in the context of school, the parent should meet with the school authorities, and explain the situation completely. The school undoubtedly has a "No Bullying" policy. Public schools take these policies very seriously and enforce them. However, the child must be taught how to protect themselves from bullies.
First, they should know not to engage the bully. Teach your children to walk away whenever possible. If it is not possible, children must protect themselves until they can get away. It is also a good idea to instruct your child to stick to a group as to not become singled out. Children should tell an adult at the school about the problem. Put the complaints in writing and keep a copy.
Other times, the bullying occurs over social networking sites. This is known as cyberbullying. As a parent, it is your responsibility to monitor your child's use of the Internet. You must have all your children's passwords to the social networking sites they're on, and review them religiously. This type of bullying is most insidious because it can be done without physical injury and cause tremendous emotional damage to a child. Because the lack of physical injury, parents are less likely to discover cyberbullying as they would physical bullying. Cyberbullying can be done by other children who are less likely to engage in physical bullying. If cyberbullying is occurring, the child should disengage the social networking site or "un-friend" the bully.
Parents who discover their child being cyber bullied should do their best to identify the bully at the other end of the computer and ask for a meeting with the bully's parents. Most likely, the parents of the cyber bully have no idea what their child has been doing and would be more than happy to assist in ending the bullying.
In part three of our series, I will discuss bullying in the workplace and what steps one needs to take.
This is part one of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at how bullying is defined and the different types.
According to the Olweus Bullying Prevention Program:
"A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself."
Definition of Bullying
Bullying includes three important components:
Aggressive behavior that involves unwanted, negative actions.
A pattern of behavior repeated over time.
An imbalance of power or strength.
Bullying has been around since the beginning of mankind. However, the advent of the Internet and social networking sites has pushed bullying into the forefront of public awareness.
Types of Bullying
Bullying can take on many forms:
Verbal - name-calling and teasing.
Social - spreading rumors, leaving people out on purpose and breaking up friendships.
Physical - hitting, punching and shoving.
Cyber - using the Internet, cell phones or other digital devices to harm others.
Recently, there have been reports where bullying has spiraled out of control to the point where the victim has committed suicide. This does not necessarily only apply to children, teenagers or college students. There have been several reported incidents where bullying in the workplace has led adults to take their own lives.
As our society becomes more complex, and communication becomes less face-to-face, bullying can become easier for those who otherwise would not engage. It is very easy for the cowardly bully to tease and ostracize others over a social networking site. This type of bully can remain in the shadows and would otherwise not confront the victim for a variety of reasons.
This is not to say that old-fashioned traditional physical bullying does not exist, it does. Schoolyard fights seem to be on the increase as society places more pressure on teenagers to achieve and gain acceptance.
In part two of our series, I will discuss the signs to look for that your child is being bullied, how to protect your child from bullies, and how to address cyber bullying.
Stay tuned for part two of our bullying series, coming soon.
In an effort to make April National Distracted Driving Month, lawyers across the nation, with the help of enDD.org and 60forSafety, are giving presentations to local high schools, civic groups, and other organizations, to bring awareness to the dangers of distracted driving.
This week, it was my pleasure to give four presentations to local high school drivers education classes. I had a chance to talk with the young adults about the driving dangers associated with texting while driving and using a cell phone while driving. It was an honor to be there and engage with the students and faculty.
Distracted driving kills over 5,500 people a year. As a driver, you make a conscious choice to either drive safe, or not drive safe. Why would you, or anyone, choose to be an unsafe driver? As a driver, you must keep your attention focused on the task at hand. . . . . driving. You must make the right choice. You must choose not to drive and talk on the phone. You must choose not to text while driving. You must choose not to engage in any activity that will take your attention and focus away from driving.
As a passenger, if you see the driver engaging in any unsafe or dangerous behavior, you must speak up. You have the obligation to tell the driver what he or she is doing is unsafe, because if you don’t, then you are only condoning unsafe driving.
The bottom line is we all must learn how to drive safely, because any distracted driving accident is an accident that should never have happened to begin with.
The Boca Raton personal injury attorneys at LaBovick Law Group represents seriously injured accident victims throughout Florida, including the cities of West Palm Beach, Palm Beach Gardens, Jupiter, North Palm Beach, Port St. Lucie, Boca Raton, Boynton Beach, Stuart, Deerfield Beach, Wellington, Greenacres, Delray Beach, Miami, Fort Lauderdale, Orlando, Jacksonville, Tampa, Hollywood, Riviera Beach, Lake Worth, Tequesta, Lake Park, Juno Beach and Ft. Pierce among many others.
The new auto accident app launched by LaBovick Law Group is the easiest way to record details at the scene of an automobile accident. The auto accident app, named Crash Detective, is the best mobile app on the market, available for both the iPhone and the Android. It directs victims through compiling the necessary evidence immediately after a car accident has occurred. Easy to use, this app has many features and benefits.
Features of Auto Accident App
The auto accident app is a great mobile tool for accident victims. If you have been involved in a car collision, you now have a free app that guides you through a logical checklist of action items. The auto accident app has a comprehensive list of features including:
A Camera, video recorder and text notepad to record all of the important information about the auto accident.
Concise instructions of what needs to be accomplished before and after an accident.
Efficient forms to quickly gather accident information from the other parties (drivers, witnesses, passengers).
Automatic GPS locator which helps in recording critical accident facts like traffic patterns and driving conditions.
Emergency Services Features of Auto Accident App
The auto accident app aids victims by allowing them to quickly search and locate the closest emergency services. So, apart from being an easy to use accident reporting tool, the app doubles up as an emergency services locator. With a single click, users can:
Find the nearest police station.
Find a tow truck service.
Locate auto repair shops.
Discover nearest taxi services.
Obtain a map of closest hospitals.
The Crash Detective utilizes the quickest growing way for information gathering. The best part is that it's absolutely free. Easy to use, comprehensive in design, this auto accident app provides all of the resources one will need when faced with the unfortunate circumstance of being a victim in a car collision.
As a personal injury attorney, every day I represent innocent prudent drivers that were hurt by the negligence of another. Quite frankly, during depositions, I have heard every possible excuse available from negligent drivers for causing an accident. Someone even once used the excuse that a cockroach was crawling up his leg!
Sadly, many times I have had the duty of representing innocent children that have been injured by negligent drivers. As the proud parent of a 3 year old, I have to travel daily with my daughter in my vehicle. Honestly, this scares me to the core, despite feeling very confident in my driving abilities. Folks, the bottom line is even though you are a prudent driver, the person driving next to you may not be. As such, your precious cargo may be in danger.
According to the National Highway Safety and Traffic Administration, "Motor vehicle crashes are the leading cause of death for (children) ages 3 to 14 (based on 2006 figures, which are the latest mortality data currently available from the National Center for Health Statistics)." Furthermore, every day in the United States, about four children under age 14 were killed, and 529 were injured in motor vehicle crashes. With this in mind, we need to take every safety precaution available when traveling with children on the roads.
According to the NHTA seating recommendations for children:
Birth – 12 months: Children under age 1 should always ride in a rear-facing car seat.
1 – 3 years: Keep children rear-facing as long as possible. It’s the best way to keep them safe. Your child should remain in a rear-facing car seat until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the rear-facing car seat, your child is ready to travel in a forward-facing car seat with a harness.
4– 7 years: Keep your child in a forward-facing car seat with a harness until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the forward-facing car seat with a harness, it’s time to travel in a booster seat – but still in the backseat.
8 – 12 years: Keep your child in a booster seat until he or she is big enough to fit in a seat belt properly. For a seatbelt to fit properly, the lap belt must lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snug across the shoulder and chest, and not cross the neck or face. Remember: your child should still ride in the backseat because it’s safer there.
For further information please visit the National Highway Safety and Traffic Administration’s website for numerous life saving tips. http://www.nhtsa.gov/Safety/CPS
Imagine you are at your favorite restaurant on a Saturday night. You have just waited 35 minutes to finally be seated. However, you’re not upset because you truly enjoy dining at this restaurant. As usual, you order the boneless grilled chicken with vegetables. As you sink your teeth into a piece of chicken, you hear an unusually loud CRUNCH. You immediately find yourself in excruciating pain. Unbeknownst to you, the boneless grilled chicken had a concealed bone inside. Congratulations, you just broke a tooth and will incurthousands of dollars in dental bills.
As you can imagine, this is quite common. In fact, many jurisdictions in the United States permit the injured patron to recover. However, before any recovery is permitted, a legal hurdle must be passed. Specifically, many jurisdictions will allow recovery if the harmful substance in the food is foreign to the food. This test is commonly known as the “foreign-natural” test. Under the “foreign-natural” test, if the substance is natural to the food recovery for injuries is not permitted.
In Florida, the “foreign-natural” test is not followed. Nevertheless, one may still recover for injuries caused by harmful substances in food as long as a different hurdle is passed. This hurdle is called the “reasonable expectation” test. In other words, was it reasonable to anticipate the item to be in the dish? According to a Florida court decision, the harmful substances found in a food “must be based on what the consumer might reasonably expect to find in the food as served.” Thus, this test differs from the “foreign-natural” test because while one may anticipate chicken bones in chicken, the expectation may be different when one orders a boneless grilled chicken dish. As such, one may recover for damages in Florida but be barred from recovery in other states.
A recent Florida Supreme Court opinion illustrates the complexities and absurdities of insurance law. While visiting grandparents, a grandchild was allowed to drive grandma's car and take her parents with her as passengers. An accident occurred and the grandchild and her parents were severely injured. Believe it or not, the insurance carrier refused to cover the accident! Why? Because while the grandchild was driving the car, she was insured under grandma's policy. Her parents and she both lived in the same house, albeit separate and apart from the grandparents. Because the parents were relatives residing in the same household as the child and the child was an insured under grandma's policy, the insurance carrier was allowed to refuse to provide coverage for the damages because of an archaic law disfavoring coverage for lawsuits between two insureds under the same policy.
What makes this decision absurd is that if grandma had been driving, then the parents injuries would have been covered because the parents and grandma did not live in the same household! This is a decision that will likely result in more examples of insurance carriers refusing to cover accidents because of perceived loopholes and absurdities in the law.
For information on your rights under Florida's insurance laws and personal injury laws, feel free to call Joseph Fields for a free consultation. He offers a full range of legal services regarding motor vehicle accidents and insurance disputes. Mr. Fields lectures frequently on motor vehicle accident insurance disputes.
Homeowners are increasingly qualifying for mortgage modifications so that they can stay in their homes.The expense is a protracted mortgage with no principal balance reduction to accurately reflect the bursted bubble of housing prices.Once again a band aid was handed out with only short term assistance and in some instances a balloon payment at the end of the term.
According to a New York Times article millions of homeowners are underwater because the value of their homes are so much less than their outstanding mortgages. Many people are living off of their credit cards digging their debt hole faster and farther.Might it be that the banks don’t want to take the losses on defaulted loans so they let the default and foreclosure process continue on the slow path.As suggested in the New York Times article does principal reduction reward bad behavior?Allowing refinancing of mortgages underwater without requiring a default for modification might free up money so that mortgagors don’t have to live off their credit cards.
The solution to our housing crisis has not been found.In many ways it is exacerbated by the Home Owners Association jumping into the game and forcing a quick foreclosure and sale and further driving down the prices of homes.Also, without proper planning, defaults from foreclosures will further follow homeless mortgagors for years to come as debt collectors continue to sell these debts for collection.What system will track these debts as they are paid off.
For more information regarding mortgage modification, please contact Audra Simovitch, Esq., the Director of Consumer Financial Services for the LaBovick Law Group.
The LaBovick Law Group is pleased to announce that Rafael M. Diaz, Esq., has joined the firm’s Personal Injury and Litigation Division.
Mr. Diaz’s practice is focused on personal injury, auto accidents, truck accidents, rollovers, and wrongful death. He has extensive experience in representing plaintiffs in civil cases and litigation matters. He regularly assists clients in pursuing justice from insurance carriers and corporations for injuries caused by the negligence of others.
Mr. Diaz began his legal career as a Prosecutor with the State Attorney's Office for the Ninth Judicial Circuit of Florida. Due to his outstanding achievements in the legal community, Mr. Diaz was recognized in the prestigious Super Lawyers Magazine as a Florida Rising Star.
"I am excited to see the firm broaden its reach and better serve our Hispanic community, with the addition of the talented Rafael M. Diaz, Esq.," said LaBovick Law Group Managing Shareholder Brian F. LaBovick, Esq. "This addition continues to mark progress in the strategic expansion of our Litigation Division."
We all know that distracted driving is dangerous, yet millions of drivers continue to engage in this dangerous behavior.Distracted drivers are a leading cause of vehicular accidents within the United States. The U.S. Department of Transportation's Distracted Driving 2009 report showed 5,474 fatalities and an estimated 448,000 injuries were due to distracted drivers in 2009.
Texting while driving has become a significant contributor to distracted driving incidents. The Distracted Driving 2009 report recorded cell phone use as contributing to 18 percent of all fatalities, and 5 percent of injuries were a result of cell phone use.
The number of distracted while driving accidents has rapidly increased as cell phone penetration rates have grown. Safe driving advocates believe that complete bans on handheld cell phone use while driving is an effective solution.
As a Florida Personal Injury Law Firm, we promote safe driving and awareness campaigns. We applaud efforts by organizations such as the Dori Slosberg organization, The Broward Sheriff's Office, AAA and others that have been promoting texting while driving safety campaigns.
The Food and Drug Administration recently issued new warnings as to the effects of transvaginal placement of surgical mesh - according to the report, transvaginal mesh side effects include bleeding, infection, organ perforation, pain, erosion of the vaginal tissue and problems with urination. We applaud the FDA's new warning about the serious dangers of this mesh when treating pelvic organ prolapse
The FDA's recent report indicated that there are other treatments for urinary stress incontinence and pelvic organ prolapse that have less risk associated with them, and transvaginal mesh doesn't have any benefits that these other surgical options lack. Several women around the country have reported permanent injuries or pain resulting from transvaginal mesh complications.
We have been getting great feedback in the community on a recent blog post, HBO Documentary "Hot Coffee" - Sheds Light on famous McDonald's Case. However, the public debate is starting to rage! The HBO Documentary “Hot Coffee” is starting to gain traction in the public’s eye. Business groups are trying to portray the story of Stella Liebeck and how she burned herself on McDonald’s Hot Coffee as a propaganda piece bent on channeling the public’s sympathy to Plaintiffs! HAY! What a joke. If that isn’t the biggest spin of the century nothing is.
For nine years the story of McDonald's Hot Coffee spill has been churning through the course of American Urban Myth. The money awarded to Ms. Leibeck has been described as hundreds of millions or even millions. The burns she suffered were described as “minor” and the coffee only “reddened her legs.” According to most people, she was “driving” or even “trying to drive and put sugar in the coffee at the same time.” None of that is true.
Expectant mothers who suffer from depression may have yet another thing to worry about. According to a recent report in the Archives of General Psychiatry, studies show a potential correlation between the use of antidepressants and autism. The news is sure to prompt major concerns from pregnant women who are taking medications like Celexa, Lexapro, Paxil, Prozac, Effexor and Zoloft.
If future studies confirm that an unborn child could suffer from a birth defect from anti-depressant use, many moms-to-be may decide to stop taking their medications. According to many experts, however, that isn't such a wise move. Depression itself can cause serious complications during pregnancy, so women will have tough choices to make if these concerns prove to be true.
According to a recent study that appeared in the Canadian Medical Association Journal, the stop-smoking drug Chantix, marketed by Pfizer, appears to increase the risk of serious cardiovascular events. That's not just the case with those who already suffer from heart problems. It appears that Chantix, may increase the risk of such events in those who don't have histories of heart trouble. Several major news sources have been reporting about the study, which is the latest in a long line of eyebrow-raising concerns about the drug.
The study that appeared in the Canadian Medical Association Journal used data from 14 separate clinical trials, including placebos. After analyzing the data, the study reports that those who use the smoking cessation drug appear to be at a significantly higher risk of cardiovascular issues than those who do not use it.
When the economy gets tough it is a great excuse to find a scapegoat. Facts and figures can be made to dance like pretty figurines. Those figures can fit directly into the American Public’s eye. The new tab line for the US Chamber of Commerce is “We need more job and less lawsuits.”
I don’t know how less lawsuit equals more jobs, but it sure sounds wonderful. Less lawsuits equals more jobs. Now the way they will tie the two together is with figures on insurance payments and the amount of fraud and all sorts of wonderful idea, which, when put out in small bits may sound like a cogent argument but in truth do nothing to help business create more jobs and harm the American public.
The press loves to buy into the media hype about out of control lawsuits. Take for example the famous McDonald’s Hot Coffee Case. It happened so many years ago. The mythology behind the case is now legendary. As an attorney, you can’t pick a jury without some juror saying they hate “frivolous lawsuits like that McDonald's Hot Coffee Case where the woman won $3 million dollars because she was clumsy.”
The San Francisco Bay Area Rapid Transit (BART) settled a wrongful death suit with the mother of Oscar Grant for $1.3 Million. On January 1, 2009, Oscar Grant was killed on a BART train platform by BART officers.
Published reports show that BART Officers shot 22-year old, Oscar Grant as he was lying face-down, on the station. It was later determined by Cell phone video that Grant was unarmed and was shot by a BART officer that was reaching for his taser but drew his gun by mistake.
The officer involved in the shooting was convicted of involuntary manslaughter and given a two year sentence. He has since been released on good behavior, after serving 11 months of the sentence.
FIREWORKS CAN CAUSE DEATH OR INJURY: Stay Safe this 4th of July
As we approach the July 4 weekend, I am reminded of a case I handled several years ago in which a young man was severely injured when illegal fireworks he was watching exploded a few feet off the ground. The shrapnel from the illegally obtained "commercial" firework exploded in all directions, injuring him and several others.
Fireworks used for entertainment purposes are illegal under Palm Beach County and Florida laws. If you or a loved one are injured, contact a Florida Personal Injury Lawyer to discuss your rights under Florida's strict laws regarding the use of such explosives.
An experienced Florida Personal Injury Law Firm, can help you in pursuing remedies against those responsible for the sale, distribution, and ultimate use of fireworks. Even fireworks purchased at local tents or fireworks stores can be used improperly.
Every 12 minutes, someone dies in a car crash in the United States. Every 10 seconds, someone is injured or taken to the hospital emergency room. These startling accident statistics are from the Center for Disease Control, and the journal of Traffic Injury Prevention.
According to the study, the total annual cost amounts to nearly $500 for each licensed driver in the United States. The one-year costs of fatal and non-fatal crash-related injuries totaled $70 billion (71 percent of total costs) for people riding in motor vehicles, such as cars and light trucks, $12 billion for motorcyclists, $10 billion for pedestrians, and $5 billion for bicyclists.
Florida Auto accidents do more damage than causing injuries and deaths. They place a huge financial burden on the injured and on the public at large. A large percentage of Florida car accidents are preventable. Sadly, poor safety measures, such as failing to buckle seats or texting while driving are to blame for many motor vehicle related injuries and deaths.
Yesterday, I was in New York meeting with the New York State Fraternal Order of Police President Charles Caputo and several members of his executive committee at the State headquarters in Hicksville, NY.
Law Enforcement Officers are very near and dear to my heart. I am a former prosecutor with the Department of Justice. Larry Stern is a former Assistant District Attorney in Manhattan. Over the years we have both successfully prosecuted hundreds of cases with the help of outstanding law enforcement. Every day, they risk their lives to make sure that our communities are safe.
On 9/11, thousands of law enforcement officers, rescue worker and volunteers answered the call to help with rescue efforts at the World Trade Center. Thousands of heroes responded and assisted in the rescue and clean up efforts. My purpose at yesterday's speaking engagement was to make sure that all of these brave men and women are fully aware of the benefits from the James Zadroga 9/11 Health and Compensation Act that was signed into law, earlier this year by President Obama.
The automobile has brought many positive changes to the modern world, but it's also given rise to a serious epidemic in the United States: pedestrian deaths. In a recent study, Dangerous by Design 2011, published by the Transportation for America, Florida led the nation in the number of automobile accidents that resulted in pedestrian accidents and fatalities.
According to statistics, from 2000 to 2009, 47,700 pedestrians were killed, equivalent to a jumbo jet full of passengers crashing roughly every month. Despite the magnitude of these avoidable tragedies, little public attention or resources have been committed to reducing pedestrian deaths and injuries. Over 688,000 pedestrians were injured over the decade, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes.
Between 2000 and 2009 5,163 people were killed while walking in Florida, which cost the state $22.20 billion. 11.1 percent of pedestrians and 17.4 percent of bicyclists killed in the United States died in the Sunshine State.
Parents with small children that use Child Booster seats should be aware that Target has recalled 375,000 of their Circo Booster Seats because the "booster seat's restraint buckle can open unexpectedly, allowing a child to fall from the chair and be injured."
The Consumer Product Safety Commission, states that they have received at least 10 reports of the Circo booster seat buckles unexpectedly opening, including at least 3 reports of children suffering minor injuries after they fell out of the booster seat and hit the floor. There were 8 reports of the Circo booster seat buckles opening unexpectedly when 43,000 of these seats were originally recalled in 2009.
The special master, Sheila Birnbaum, is hard at work on her new job, fighting for the rights of the 9/11 victims. Yesterday draft regulations expanding the area of Compensation for the Zadraga Act Claims were released. This will potentially allow more people eligibility for federal compensation.
The original $7 billion compensation fund for victims of the 9/11 attack, was only limited to those who were on the 16-acre World Trade Center site or just outside it. Late last year, Congress passed the James Zadroga 9/11 Health and Compensation Act, which reopened the fund and provided $2.8 billion to compensate those with health problems, primarily respiratory troubles, linked to the attack.
The new boundaries includes all of Lower Manhattan below Reade Street and the Brooklyn Bridge ramps, Battery Park and Stuyvesant High School, and Wall Street.
One of the biggest events in the world of injury cases happened in 1992 when 79 year old, Stella Liebeck, spilled hot coffee on herself and sued McDonald's for her burns. The case was Liebeck v. McDonald's or the McDonald's coffee case. The case was brought as a product liability suit saying that the coffee at McDonald's was unreasonably hot and dangerous. On June 27th, HBO will premier the documentary "Hot Coffee" and the real truth will finally be told.
The Liebeck v. McDonald's case, was timely case for proponents of Tort Reform. At the time, there was a growing sentiment in America, due to a barrage of propaganda from insurance companies, Associated Industries and major corporations that the Tort System was broken and that jury awards were out of control. In 1994, when the jury gave Ms. Liebeck a verdict of $2.86 million, the country went wild in disbelief. How could a person win millions by spilling coffee on themselves?
If you are a parent, grandparent, day care center, crib rental company or hotel, this is important information for you to read regarding new crib safety standards.
As of June 28, 2011, anyone who manufactures or sells cribs will be required to meet the new standards, although day care centers, crib rental companies and hotels will have until December 28, 2012 to update their cribs.
This is refreshing news for Child Safety Advocates, since crib safety standards have not been updated in nearly 30 years.
Due to economic reasons, many are trying to do more with less and this includes driving habits. One of the ways that people are changing their driving habit, is to ride bicycles instead of driving cars. Using a bicycle to commute to work, run errands, or for entertainment value is an economical alternative to maintaining a car or buying gas at the pump. It even sends an environmentally responsible message. Unfortunately, it can also be dangerous.
Florida is one of 17 states that has enacted a three foot law with regard to the spatial relationship between cyclists and automobiles. One of the purposes of this rule is to cut down on Bicycle Accidents and Car Accidents. The law states that drivers must grant cyclists a three foot clearance at all times. Failure to do so can result in being issued with a citation by law enforcement. On its surface the law seems like a good idea, however, police officers find it difficult to enforce, citing reasons such as difficulty determining whether a driver is exactly three feet away from a bicyclist at all times.
Attorney General Eric Holder selected Sheila L. Birnbaum as Special Master of the September 11th Victim Compensation Fund better known as the “Zadroga Act”. Ms. Birnbaum is a partner at the New York based law firm Skadden Arps. She will now fill the role once held by former Special Master, Kenneth Feinberg.
It is now up to Ms, Birnbaum to propose regulations and guidelines that will govern the administration of the Zadroga funds allocated by Congress and signed into law by President Obama on January 2, 2011. Ms. Birnbaum stated the following in her acceptance of the distinguished new role as Special Master of the Zadroga 9/11 Act Victim Compensation Fund:
“As a life-long New Yorker, the opportunity to serve the country and the 9/11 community in this way is a tremendous honor,” Birnbaum said, "My first priority will be to sit down with the people who will be most affected by the program, and see how we can design a program that is fair, transparent and easy to navigate. The fund needs to get up and running quickly. At the same time, I want to make sure we do it right.
Important Information for WTC 9/11 First Responders and Survivors:
Although the Zadroga Act will not be funded until October 1, 2011, it is very important that all eligible recipients begin preparing their documents and medical records for filing later this year.
A study released by the Centers for Disease Control and Prevention reported that seat belt use in the United Stated has risen to 85%. Nearly six in seven adults wear seat belts regularly when driving or riding in motor vehicles. This increase in seat belt use has helped reduce motor vehicle deaths and injuries.
"A simple step that most drivers and passengers in the United States already take—buckling their seat belts—cuts in half the chance of being seriously injured or killed in a crash," said CDC Director Thomas R. Frieden, MD, MPH.
I know from first-hand experience that seat belts save lives. One saved mine on an Ohio highway decades ago.
As a twenty year old college student I was in a horrible car accident. A defective tire blew out causing the van I was traveling in to flip rear-over-front six times, hitting a bridge after taking out 30 feet of guardrail. The roof sheared off, littering the highway with the van’s contents. I remained inside the vehicle, strapped in by my seat belt, protected by the strong steel uprights manufactured by Detroit autoworkers.
I owe my life to that seat belt. My three sons owe their existence to that seat belt. If I hadn’t been wearing it, my sons would never have been born. If I had died on that highway decades ago, all the joys we have experienced through the years would have existed only in my parent’s heart-broken imagination.
Every surgery has inherent risks, some of which may be inevitable based on the nature of the procedure and the condition of the patient. Patients should have assurance that the medical team is skilled and informed and that the equipment being used is sound and safe.
The latter is in question for countless hip replacement surgeries, putting medical professionals and their patients on alert. After a documented surge in hip replacement failures, the FDA has ordered the makers of DePuy hips to carefully study patients to see if unnatural and unacceptable complications are occurring.
This ruling has come after an overwhelming number of lawsuits have been brought against the company. The lawsuits have sought reparations, citing ongoing complications from the metal hips that have been implanted into countless people worldwide. The DePuy Pinnacle hip replaceent has created an abnormal amount of metal debris, causing patients pain and limitation of movement.
In the case, Ray v. Allergan Inc., 3:10-cv-00136, U.S. District Court, Eastern District of Virginia, the federal jury ordered Allergan, the makers of Botox, to pay $212 million in damages to Douglas Ray. This tragic brain injury case involves 67 year old, Douglas Ray, who suffered permanent brain damage after receiving Botox injections to treat cramps and tremors in his hands.
As a Palm Beach Gardens Personal Injury Law Firm, we applaud the jury for ruling in the favor of Mr. Ray that Allergan failed to warn the patient of an autoimmune reaction that could lead to brain damage.
According to reports, Allergan denied a failure to warn or any connection between Ray’s illness and Botox use and has not decided on whether it will appeal the verdict.
In the Allergan Botox lawsuit, the plaintiff points out that before July 2007, Allergan never disclosed in the United States in any warnings, promotional or marketing materials that Botox can spread outside the injected muscle and cause severe autoimmune responses and brain injury. Instead, Allergan has publicly stated that Botox is a miracle drug and has often compared it to penicillin. Side effects are rarely mentioned and consistently understated.
A gravely ill passenger aboard a cruise ship was recently dropped overboard into the frigid waters of the North Sea during an emergency medical transport. According to published reports, the cruise ship accident occurred as emergency medical personnel transferred the victim from the Ocean Countess cruise ship to a Norwegian rescue vessel.
The cruise ship accident was witnessed by a couple traveling to Norway. According to the husband, personnel from both ships were holding opposite ends of the stretcher when the two vessels suddenly drifted apart. At a certain point, control of the stretcher could no longer be maintained, and the woman plunged into the sea. The two ships apparently were not properly latched together in preparation for the transfer.
According to a cruise line spokesman, after several attempts, the crew of the search and rescue vehicle was finally able to retrieve the woman from the freezing ocean water and transfer her to a local hospital. It is estimated that the critically injured passenger, spent nearly eight minutes floundering in the North Sea while rescue efforts were organized and executed.
The March 2011, deadly Bronx tour bus crash, and other recent crashes are sparking an investigation into tour bus industry. The casino bus, allegedly speeding over 20 miles per hour, toppled onto its side, and finally skidded into the support for an overhanging highway sign. The highway sign support sliced open the top of the bus, like a knife slicing a piece of fruit.
Several grieving family members and the National Transportation Safety Board, are looking into who's to blame for this tragic bus accident. As for the driver, he insists that he was wide awake and completely sober at the time of the crash. However, many of the survivors share another version of the tragic bus accident. He claims that he was forced to swerve the bus because a truck was drifting into his lane. The truck driver in question, denies the accident was his fault. He claims to have witnessed the bus accident happen, and denies any involvement.
If you are a parent or have young passengers in your car using a car seat, please be advised that the National Highway Traffic Safety Administration has revised its child restraint guidelines. The new guidelines for child restraints are to be categorized by age rather than by type of child seat in order to keep pace with the latest scientific and medical research and the development of new child restraint technologies.
Car Accidents and Motor vehicle crashes are the leading cause of death for children ages, 3 - 14, based on data from the National Center for Heath Statistics. The NHTSA advises parents and caregivers to keep children in each restraint type, including rear-facing, forward-facing and booster seats, for as long as possible before moving them up to the next type of seat.
The NHTSA recommends using the restraints in the rear facing position as long as children fit within the height and weight limits of the car seat as established by the manufacturer. The rear-facing position reduces stresses to the neck and spinal cord and is particularly important for growing babies.
According to the NHTSA, its new guidelines are consistent with the latest advice from the American Academy of Pediatrics which advises parents to keep kids in rear-facing restraints until two years of age or until they reach the highest weight or height allowed by their car safety seat’s manufacturer.
“Safety is our highest priority,” said Transportation Secretary Ray LaHood. “The ‘best’ car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car.”
The increase of computer-centered professions and extended working hours has led to a decrease of physical activity and many missed exercise times. As government-sponsored initiatives have placed childhood and adult obesity into the spotlights, it stands to reason that consumers want to shed the excess weight – quickly. Diet pills hold the most promise, but there is a danger that lurks behind the ease of popping just a few pills.
For starters, Bloomberg reports that the (now defunct) European drug “Acomplia” actually cam with a suicide risk. American drugs haven’t fared much better and if Abbott Laboratories’ “Meridia” is any indication, the pill-induced increase in heart rate for those whose hearts may already be adversely impacted by excessive weight gain makes for a dangerous combination. Even “Xenical” has its detractors, even if their criticism is only associated with loose bowl movements that the consumer may be incapable of controlling.
Adding insult to injury, there are some rumblings that drug makers have been aware of the problems associated with their drugs but failed to inform the consumer of the extent that they may experience them. Even as drug manufacturers are completely honest with drug regulators, their consumer disclosure practices leave something to be desired.
There is a fine line between divulging trade secrets, which would adversely impact the manufacturers’ ability to realize a commercial gain from their drugs, and disclosing the full depth and breadth of possible side effects, which would enable consumers to do their own benefit analysis. Even as drug makers are eyeing this level of disclosure with apprehension, there is the realization that playing their cards close to the vest is no longer fiscally wise.
A Tour Bus in NYC carrying 33 passengers skidded on its side and flipped leaving 13 people dead and six others critically injured. This bus accident happened at approximately 5:30am Saturday in the Bronx on the Southbound side of Interstate 95 (I-95).
Investigations are underway by law enforcement to determine what caused this tragic bus accident. A few pressing questions that come to mind are: was the driver tired, driving distracted or impaired by alcohol? Was the accident caused by another vehicle? What was the safety and maintenance record of this World Wide Tour Bus?
As we have written previously on the LaBovick Injury Law Blog, motor vehicle and bus accidents can be fatal. The U.S. Department of Transportation released a report on Commercial Motor vehicle Accidents in December 2010 that is compiled based on data from NHTSA, FARS and GES.
The total number of Motor Vehicle Traffic crashes in 2009 were 5,505,000. This included property damage only crashes.
Women of childbearing age who are pregnant or attempting to become pregnant should contact their physician if they are currently taking topiramate. The Food and Drug Administration has stated cleft lips and palates are more likely in children of patients who were on the Topamax generic during their pregnancy. For concerned mothers-to-be, exercising extreme caution in the use of medication is likely a top priority. This new evidence should encourage women who may have used the medication to consult with their physician.
Topamax seems on its way to being classified as a Pregnancy Category D due to the FDA's findings. Pregnancy Category D medications are named as such when positive indications exist that their usage presents human fetal risk. The effectiveness of the medication on such a severe disorder - epilepsy - and the rarity of the defects being reported have prevented manufacturers from pulling topiramate altogether. There are many considerations to be made regarding the usage of the medication, none more paramount than weighing the benefits of the drug therapy against the potential for a cleft palette.
No one heads out on a cruise with the intention of getting hurt, becoming ill or dying. Fortunately, such problems are exceedingly rare; the vast majority of people who embark on cruises return home with nothing more than fond memories and great tans. If you or a loved one is injured while on a cruise, though, it is critical to note that there is a strict statute of limitations in place with most cruise lines. Typically, adults only have one year from the time of their injury to file lawsuits. That's just one reason why it's important to consult with a maritime lawyer.
A Special Note about Minors
Cruise lines are able to impose a one-year statute of limitations because of the Federal Limitation of Liability Statute. However, there are exceptions involved. As every maritime lawyer knows, special exceptions exist regarding minors. The statue of limitations for minors who are involved in accidents or who are injured while on cruises is three years - and the clock doesn't start ticking until they have hired a maritime law firm. However, that maritime law firm must be hired within one year of the incident; furthermore, if they turn 18 in the year after the incident, the three year limit goes into effect at that point.
Propaganda! There must be great success in using propaganda. The injustice of the world is fed to us through biased news and the use of propaganda. Walter Cronkite was trustworthy, but now news reporters have their mouths are filled with biased junk. Objective facts no longer exist. I grow numb to the existence of biased information and stop taking the news seriously. I don’t even trust Hurricane reports any longer. I believe they are meant to keep me tuned in worried about the weather and listening to more commercials (most of which are my competitor attorneys).
No Fault Insurance Company (PIP) "Ex-parte" Communication reprehensible
I understand that we each see one side of “the truth” better than the other. The justice system is filled with parties fighting for their “truth” to be heard. But the court and the judges must stay insulated from all the “propaganda.” The Justice System Works! But to remain fair we cannot allow insurance companies or large corporations to propagandize our judges. Communicating about a case outside the courtroom, or attempting to alter the view of a judge outside the courtroom is impermissible. This type of communication is called an “ex-parte communication” and every first year lawyer knows it is wrong.
The Insurance industry does not believe these or any rules apply to them. There are laws which say pay medical bills at a certain rate. The PIP Insurance carriers refuse to do so and then complain when they are sued. They cry out in a public propaganda campaign that trial lawyers are ruining their right to exist. But they refuse to follow the rules.
United Automobile Insurance Company uses shameless propaganda on a judge Attached is a letter from Judge Lee. The letter shows United Automobile Insurance Company tried to prejudice the Broward County Judges behind the backs of several prominent Broward County lawyers. I don’t know if Broward was the only county to get the information. What United Insurance Company did was shameless! It is propaganda and manipulation upon a Judge.
While DUI arrests and convictions get a lot of attention in the state of Florida, BUI - or boating under the influence - arrests don't. The interesting thing about that fact is that Florida has the highest number of registered vessels in the country. In 2009, 982,470 vessels were registered in the state of Florida - that's according to the Florida Fish and Wildlife Conservation Commission, or FWC. With so many boats out on the water at any given time, it's surprising to learn that BUIs don't occur at much higher rates.
Boating Accidents in Florida
In the year 2009, there were 620 reported boating accidents in the state of Florida. In terms of fatalities, falls overboard were the biggest culprits. 20 of the fatal accidents, or 39% of them, were caused by falls overboard; 69% of all fatal accidents involved drowning. Out of all of those numbers, only 18.5% of reported fatalities were directly linked to drugs or alcohol. Still, there is no question that mixing drinking, drugs and boating is never a good idea. Fortunately, law enforcement around the state puts forth diligent efforts to keep such incidents at bay.
BUIs in Florida
Over the July 4 holiday in 2010 in Palm Beach County, the FWC checked approximately 400 vessels out on the water. At the same time, they interviewed around 1,000 people, Despite their careful investigation, they didn't make a single arrest. In 2009, only four arrests were made across the state for BUI; in 2010, the number was only seven. Is the surprisingly low number of BUI arrests due to the diligent efforts of law enforcement, or is it because people are somehow better able to get away with it?
How BUIs are Handled
BUIs are handled in a manner that is quite similar to their DUI counterparts. If an officer is patrolling the water and suspects a boater of being intoxicated, a preliminary sobriety test on the boat, may be administered. If further cause for investigation is warranted, the suspect will be given another set of field sobriety tests on land. From there, the process is quite similar to that of a DUI arrest. The number of BUI incidents in the state of Florida, could lower.
As a Florida Maritme Law Firm, we encourage you to remember, when you are out on the water in your boat, safety should always come first.
Studies related to the after effects of the 9/11 World Trade Center explosions continue to detail the catastrophic environmental and human consequences. It is estimated that over a million tons of toxic dust created a 16 acre debris field filled with asbestos, Freon, glass fibers, sulfuric acid and numerous other known carcinogens.
The density and composition of the ultra-fine particulate matter exposed improperly equipped victims and first responders to a variety of harmful substances. The natural defense systems in the lungs were ineffective in filtering out the dust, allowing the deadly particles to become deeply embedded in lung tissue. The result has been the development of debilitating lung, heart and blood diseases among those directly involved in the tragedy.
Compensation for Victims
In response to the growing recognition of the incapacitating injuries suffered by those at Ground Zero, Congress passed the Zadroga Act to provide monetary compensation to the victims of the tragedy. Named in honor of James Zadroga who died from toxic exposure at the WTC, the law was signed by President Obama in January of 2011 and establishes a 2.5 billion dollar victim’s relief fund.
It is estimated that thousands of people who worked at Ground Zero may develop some form of chronic lung disease. This includes police officers, paramedics, firefighters, laborers and volunteers who dug through the rubble searching for survivors.
Statements by the former head of the EPA relating to the purported safety of the air and water immediately following the attacks resulted in residents returning to unsafe homes and workplaces. Many believe the government was negligent in failing to issue proper warnings for area residents and workers, and therefore bears responsibility to provide reasonable compensation for the resulting chronic conditions.
Traffic deaths on Florida Highways are decreasing, according to preliminary data from the Florida Department of Highway Safety and Motor Vehicles. There were 2,430 Florida traffic fatalities in Florida in 2010.This was a decrease from traffic fatalities in 2009, which were 2,563 traffic fatalities.
The number of crash fatalities in 2010 is the lowest Florida has seen since 1978 even though the Florida's population has doubled since that time. This can be attributed to law enforcement and several safety initiatives by concerned consumer groups.
“It is encouraging to see the number of traffic fatalities continue to drop, and the Department will continue our efforts to educate motorists and aggressively enforce the traffic laws to create the safest possible driving environment. Unfortunately, we know all too well the devastating impact that even a single fatality resulting from a careless, inattentive or impaired driver can have on a family and community.”
Traffic Safety Stats from Centers for Disease Control
Motor vehicle crashes are the #1 killer of people between the ages of 5 – 34, according to the Centers for Disease Control and Prevention.
The CDC reports, “seat belt use is the single most effective way to save lives and reduce injuries in crashes”
Using seat belts reduces serious injuries and deaths in crashes by about 50 percent.
The final count for 2010 will be made available later this year when the Department publishes its annual Traffic Crash Statistics Report 2010.
Pay attention to the roadways, Drive Safe and Buckle Up. A few simple steps to help keep the highways safer.
The Broward Sheriff's Office is trying to fight insurance fraud. In an effort to stem this massive problem, they are checking driver's insurance randomly. This means that you should be prepared with your insurance card, registration card in your vehicle at all times.
In 2007, 23 percent of Florida drivers were uninsured, based on data from the Insurance Information Institute. This gives Florida the fifth-highest percentage in the nation. The Florida Department of Highway Safety and Motor Vehicles disputes that figure, saying it's less than six percent.
It is important to note that presenting a fake insurance card in Florida, is a third-degree felony, punishable by up to five years in prison.
Be Safe and keep copies of your required documents in your car at all times. It can save you a lot of unnecessary grief and possible fines. More importantly, it is the law.
Boating season has officially started and we know that because of the first tragic accident that occurred this past Saturday near the Juno pier. As many accidents, this could have been avoided if the captain understood boating safety. Apparently, a fourteen year old girl attempted to board a 22 foot boat in shallow water near the beach.
The seas were choppy and the wind up. This idea was doomed to fail from the beginning and any captain with half a brain would have never agreed to engage in this dangerous activity. As the boat pitched, the captain engaged the engine and revved the motor, the prop spun and chopped up the girl's legs. Then the nitwit captain left the girl bleeding in the water.
The boat was eventually found and the cowardly captain identified. Hopefully criminal charges will follow and the captain should feel blessed the girl did not die. Sadly, this could have all been avoided by using a little common sense and some boating safety knowledge.
Click on the following link to read more on the Teen Injured in the Juno Boating Accident:
Senator John Thrasher, must be the insurance industry's shill. He is certainly an enemy of the Florida consumer. Thrasher has introduced a new insurance bill that guts the muscle out of Florida’s bad faith statute. Presently when an insurance company is found to have acted in bad faith toward their own insured (by the way, that is YOU Mr. Florida Citizen) the Insurance Company is responsible for all the damages they cause, including the entire damages caused to their insured in the accident.
This type of law keeps Florida Insurance companies from intentionally hurting their own customers! Thrasher’s amendments will let the Automobile Insurance Company delay and/or deny their own customer’s claims without penalty.
This bill damages and compresses the rights of consumers in Florida. It empowers the insurance companies to abuse their own customers, and these customers happen to be Florida citizens.
The worst part of the problem is that when Insurance Companies fail to pay fairly with their customers more people get lawyers and it causes more litigation. More litigation puts more pressure on an already overburdened court system.
Governor Scott then believes he can help balance the budget by cutting back on judicial resources. How is that possible when the court system is being jury rigged to create more litigation?
Between Thrasher and Scott the credo of “Let’s get to work” sounds like “Let’s get to work undermining Florida’s citizens.”
This past week Disney Cruise Lines opted to skip Mazatlán Mexico citing the escalating crime in the Mexican city. Princess and Holland America quickly followed suit. Now the cruise industry’s giants are slated to meet this coming week to discuss Mexico’s ongoing violent crime problem and cruise line tourists being caught in the cross-fire of the Mexican drug wars.
Recently NCL and RCL have removed certain Mexican ports from their itineraries claiming lack of interest or health concerns. It seems now that the real problem has been crime. We applaud the cruise industry’s concern for passenger safety off the ship. It seems as though Mexico cannot bridle its crime problems and until they do, the cruise industry has decided to take its business elsewhere. Kudos!
It may not seem like much but the economic impact to these Mexican tourist ports and their surrounding areas will send a loud message to Mexican officials. Hopefully the message will be heard. Mexico has many beautiful sites and it’s a shame that the criminal element has to ruin the opportunity for the rest of the world to enjoy.
Your Legal Rights after an Accident and (PIP) Florida No Fault Insurance
Do you know your legal rights if you are involved in a motor vehicle accident under the Florida No Fault auto insurance law? The vast majority of injured accident victims do not fully understand their legal rights after being involved in a motor vehicle accident. Outlined below are steps that accident victims should follow, if involved in a personal injury accident:
Information Exchange - Do not discuss the accident with the other party, merely exchange registration and insurance information. Make sure the police are called to the scene.
Photos - If you have a camera in the car or on your cellular phone, take photographs of the car damage of all vehicles involved in the crash.
Medical Treatment - Be sure to get proper treatment right away, if injured.
Legal Advice - Call an attorney knowledgeable in motor vehicle accident law as soon as practicable to discuss your rights.
Your Personal Insurance - Report the accident to your own auto insurance company.
Other Party's Insurance - Do not report it to the other party’s insurance company or discuss anything with any adjuster from the other vehicle’s insurance company.
Over the past ten years, approximately 57 million durable juvenile products - including items such as strollers, high chairs and playpens - have been recalled due to safety concerns. In some cases, the products have been shown to cause harm; in others, they've been shown to kill. The importance of being aware of such recalls can't be overemphasized. In the past, though, the burden was on parents to keep their ears open for news about recalls. Thanks to legislation that just starting phasing in last month, however, the ball is increasingly in manufacturers' courts. How? Through mandatory, marketing-free registration cards.
How the Cards Work
Many parents and other consumers are reluctant to fill out product registration cards for fear of being placed on annoying mailing lists. The new legislation, which was a part of the 2008 Consumer Product Safety Improvement Act, eliminates those worries for many types of durable juvenile products. So far, 19 different types of products have been affected by the legislation. Manufacturers must now include an easy-to-find, postage-free registration card on every qualifying item. The cards cannot be used to gather information for mailing lists or for other marketing strategies. Online registration must be offered, too.
About the Legislation
The legislation for the new child safety registrations was championed by the Kids in Danger child safety advocacy group and by the Consumer Federation of America. The importance of this change was highlighted by a poll that was conducted by Consumer Reports. Out of 2,005 people who were polled, only one-fifth were aware that they owned an item that had been recalled. This eye-opening discovery highlights the importance of making registration as easy and trouble-free as possible. By dropping a card in the mail or going online, parents can register to be contacted by manufacturers right away about important recalls.
Secondhand Products
As evidenced by yard sales around the country, used baby and child-related items are wildly popular. Such items won't come with registration cards, of course; however, the new legislation makes it easy for people to register secondhand items online. That way, if a recall is issued, they will know about it and can act accordingly. Those who register will be added to the databases that must be maintained by manufacturers. The process from there should be fairly automated; when a recall is issued, the people who are affected by it should be contacted.
As a Palm Beach Gardens Personal Injury Lawyer, we hope that this new registration system will save the lives of many children. We encourage all parents to complete the cards when they purchase new consumer products.
Last Night, I was cruising through 100+ emails and I noticed a trend in the spam that snuck through our filter. These spam emails were from lawsuit marketing companies regarding UNUM Insurance and their systematic attempts to deny disability insurance benefits to their clients.Interestingly, that is a walk down memory lane for me.
17 years ago, a married couple walked into my law office claiming UNUM had done just that. I was a young solo practitioner in Jupiter, Florida who just left the U.S. Department of Justice. I was shocked at the facts of the cased. This man had significant injuries from an accident in New York. The injury left him with significant back problems, which caused him to become medically disabled. Fortunately, he had purchased disability insurance years earlier through UNUM insurance and two other carriers.
UNUM decided sent him to a Physical Therapy Center for a checkup after 7 years of retirement due to disability, not with an MD but rather with a Physical Therapist. The Therapist determined that my client should immediately return to work as an orthodontist even though his back had only gotten worse over the past 7 years and he had not been keeping up with his training. We fought UMUM for a year and finally reinitiated the full disability insurance benefits. It became obvious that UNUM was simply trying to starve my client out then settle with him for a lot less then he deserved. It was a terrible lesson that your own insurance company is out to get you when they can.
After 17 years of representing people against insurance companies, nothing has changed at UNUM. They continue to deny their own insured’s their benefits. Imagine how disappointing and angering it is to pay premiums for years only to become disabled and have your insurance company tell you they will not pay the benefits you purchased with the insurance.
Every first party insurance claim we handle, whether it is for automobile insurance benefits, disability insurance benefits, PIP benefits, property damages or hurricane insurance benefits, sink hole claims and benefits, angers me that the insurance company won't live up to their end of the deal. They point fingers and claims that the "system" is full of fraud and unfair. From my perspective that is a false and exaggerated claim to legitimize, their desire to avoid paying benefits.
Something great happened in my first UNUM case. My client and I became lifelong friends. He is my daughter's godfather. His son, Carl, who was a law student at that time, graduated and has worked with me for the past 15 years. I guess I need to thank UNUM for many things.
I need to say Thank You for that great case. Thank you for paying my client's attorney fees. Thank you for teaching me how to deal with first party insurance claims. Thank you for a multitude of cases from then until now, not only for my firm but firms around the country. But most of all, thank you for introducing me to my good friends, Sol & Maxine, and their son, Carl, who were the hidden treasures in an old UMUM disability case.
The skyrocketing popularity of social networking websites such as Facebook has made an impact on the world of personal injury litigation. While such websites include features that allow users to make their information "private," it is often anything but. The fact of the matter is that in signing up for such websites, people consent to the possibility of their information being shared with the world at large. No private profile, after all, is truly private - those who are on a user's friends list can disseminate the information that they can access to anyone at any time. The implications of this concept on the world of law has already been compelling.
Romano versus Steelcase: A Pivotal Case in the Worlds of Social Networking and the Law
There is no question that people typically, highlight their assets public social networking profiles. After all, who wants to be firends with someone that is not fun and interesting. However, if a personal injury victim, that has sustained injuries in an accident, it stands to reason that their social networking profiles should reflect the impact of those injuries. In the case of Romano versus Steelcase, however, an online profile belied the defendant's well-being.
According to motions that were filed in the Suffolk County, New York case, Kathleen Romano's MySpace and Facebook profiles included pictures that showed the plaintiff - who had supposedly sustained neck and back injuries due to a fall from her office chair at Steelcase - smiling happily outside and doing other things that should have been impossible due to her injuries. The defendant, her employer, subpoenaed Facebook and MySpace for full access to her profiles, included deleted content. Facebook refused, citing the Stored Communications Act. Romano refused to consent, and the matter went before the court.
Ultimately, the courts ruled in favor of Steelcase and granted it access to Romano's online profiles. Part of the reason for that decision lied in the fact that several of the public portions of Romano's profiles showed evidence that contradicted with her supposedly bed-bound state.
The Impact on Personal Injury Cases
Romano versus Steelcase wasn't the first time that the courts became involved in social networking issues. In British Columbia's Bishop v. Minichiello, the plaintiff's late-night use of Facebook was deemed to be admissible as evidence in his personal injury case. Another important Canadian case, Murphy v. Prefer, highlighted the deceptive concept of "privacy" in regards to online social networking profiles. Online profiles have already made appearances in many criminal cases, too; in People v. Licenga, pictures of the defendant posing with the murder weapon on MySpace were used as evidence and upheld by an appellate court.
As more and more of these cases appear in courtrooms, everyday people are sure to become more discerning about what they post on their social networking profiles. The ability to use the information on social networking sites hasn't been fully tested yet, but it's definitely going to happen more and more as time goes by.
Seeking damages for wrongful death in the state of Florida can be a tricky proposition. Although wrongful death suits in some states are decided entirely by juries, the Florida legislature has outlined specific guidelines concerning who is eligible for compensation in the event of a wrongful death. These guidelines are enumerated in the Florida Wrongful Death Act, which is outlined in Florida statutes 768.16 through 768.26. Specific information about who will be entitled to damages in the event of a wrongful death can be found in statute 768.21. However, there are several surprising exclusions within that statute.
Who is Eligible and What is Recoverable?
As highlighted in Florida statute 768.21, there are very specific guidelines concerning who is eligible for compensation in the event of a wrongful death in the state of Florida. A wrongful death refers to an accidental death that has been caused by someone else's negligence. The responsible party may be an individual or a corporation. When such a death occurs, a personal representative of the decedent may hire a wrongful death attorney to seek damages. The personal representative is typically a surviving family member. In addition, the estate of the decedent may be able to recover damages in certain cases.
A Fair and Balanced Statute - Or Is It?
Within statute 768.21, specific information regarding who is entitled to damages in the event of a wrongful death is outlined. At first glimpse, the Florida Wrongful Death Statute reveals a fairly balanced list. It outlines how surviving spouses, parents and children are deemed eligible for compensation when a wrongful death occurs. With the help of an attorney, those individuals may go to court to try and recover damages due to a wrongful death. There are a few gaping holes in the statute, though, that excludes some survivors from receiving damages.
Surviving Parents and Adult Children are Excluded by Florida's Wrongful Death Act
In Section 3 of the Florida Wrongful Death Statute 768.21 adult children of a decedent are excluded from seeking damages, if the decedent has a surviving spouse. In Section 4 of the Wrongful Death Statute, surviving parents are excluded from seeking damages, if the decedent has a surviving spouse and/or children. In Section 8 of the Wrongful Death Statute there are several exclusions for cases of medical negligence. In the case of a loss of a parent through medical negligence, adult children may not seek damages; in the case of a loss of an adult child due to medical negligence, surviving parents may not seek damages.
Takeoffs can be the most fun part of flying. . . . However, they are also the most dangerous. Yesterday the tragic plane accident involving a small aircraft, Piper PA-44, at Palm Beach International Airport shows the importance of a proper and thorough pre-flight inspection.
The four people on-board were taking part in a flight school training exercise en route back to Melbourne from the Bahamas. Reports show that a flight instructor, three Florida Institute of Technology Students and one passenger were on-board. It is rumored the tail of the small plane may have become dislodged during takeoff. We will not know the true cause of the crash until a full investigation is conducted.
All pilots are taught to do a complete pre-flight inspection of their plane. This includes inspecting the aircraft for cracks, dents, and any other damage to the aircraft, as well as making sure you have enough fuel and oil in the engine. If during the pre-flight inspection you detect a problem that causes concern, safety should be the decision of choice.
As a licensed and active pilot for several years, I understand firsthand the thrill of takeoffs and flying. When I was training for my pilot’s license one caveat that sticks with me to this day is: “I’d rather be on the ground wishing I were up there, instead of being up there and wishing I were on the ground.”
Click on the following links to read more about the Palm Beach Small Plane Accident:
We are surrounded by water in Florida. It is almost impossible to drive on the roads and not be exposed to the dangers of your car somehow being sent into a canal. Recently, four South Florida high school students escaped a sinking car that landed in an Indian River County canal. Due to the quick thinking response of two of the teens in the sinking vehicle probably, all four survived the car accident.
There is no fail safe way to remain secure against personal injury or wrongful death because of this danger, however, you can greatly increase your chances of survival by being prepared. Cars typically do not immediately submerge after going into the water. You have a few moments in which a cool head and the right equipment can save your life and the lives of your passengers.
Here is our advice for surviving a car wreck that sends you into the water:
First, acknowledge consciously that this is a real danger and that it applies to you. Don't be like most people and pretend that it just won't happen. Drive with the thought in your head that this is a possibility and you are going to execute your plan when it happens. Being prepared is half the battle.
Second, have the right equipment available for the moment of truth. There are easy to use seat belt cutters and window breaking hammer. You may also need some type of rag or towel to push away any glass. This is less important than breaking the window but will save you cuts and other injuries in your haste to exit the vehicle. These devices come in a single easy to use tool. Do not trust a mechanical device to break your window. I have read reviews of many of these devices and I am unimpressed with their actual results. Use the hammer type instrument and simply break the window when needed. Keep the tool in a secure and easy to reach location. That means you can reach it even if your seat belt is on and you are stuck to your seat. I carry one in the middle arm rest compartment of my car. My wife has one in the door pocket of her car.
Third, know the plan based on how the car slides into the water. Once the car is no longer moving rapidly you need to escape your seat belt. If you can't escape the seat belt you will need to cut yourself loose. Tell all passengers to get loose from their seat belts. If the car is in shallow water and sinking toward deeper water slowly, you may have time to actually open the door. This is the most useful exit but is rarely available. Most of the time the driver or passengers are ready to escape when the water is at or above window height making it almost impossible to open the door.
If the car is still running roll down the electric windows or break the window with your window hammer. It is far easier to break out the side windows rather than the rear view widow or front windshield. If you have manual windows you are driving a really old car, but that is good for you because you will be able to escape without the window breaking device. Once you have a window broken use the towel to cover your hand and push the glass out of the way. At this point the water will be gushing in and you will need to pull the glass toward you and not push it out of the car.
Finally, When the escape opening is large enough push through the water and get out of the vehicle.
This is obviously not a plan you ever want to employ, but simply thinking about it and actually planning the steps in your mind could save your life someday. Given that Florida is one of the most water intensive states in the country you should prepare for the worst and enjoy your safe driving.
Bad Drugs need to taken off the shelf: Acutane, Yaz, Yasmin, Ocella
It is incredible that young women are still taking Yaz or Yasmin or Ocella. All we hear about these drugs are bad, bad, bad. Given all of the issues, I do not understand why they are still on the market. The power of the drug industry amazes me, that despite all of the serious and life altering side effects which can occur while taking the Yaz trio, doctors are still prescribing these drugs and young women still take them.
We have cases from all over the country. There are no geographical boundaries to taking a drug tort case. Most of our cases are either blood clot/DVT (deep vein thrombosis)/PE (pulmonary embolism), Heart Attack or Stroke.
How in the world other than taking a poison like the Yaz trio could a young woman have a heart attack or stroke? We have not had many death cases due to these injuries because the victims are young and strong. But this only means that, in the long run, these young woman will suffer with the effects of their injury for the rest of their lives. We have interviewed hundreds of prospective clients and it is amazing how many have claims. Between the Yaz trio and Accutane I don’t know which is a worse scourge in the young adult community.
Just for the record, Accutane is every bit as bad as the Yaz trio. The injuries and long term affects of this anti acne drug so far outweigh the relative health benefit that it also amazes me that Doctors can, in good faith, prescribe this drug to their patients. So many of the people we interview simply should never have qualified for taking this drug. It cannot be a causal solution to acne.
The number of young people who have developed bowel trouble after taking Accutane is incredibly high. The bowel trouble comes in many forms, Crohn's Disease, Ulcerative Colitis or Inflammatory Bowel Disease. Some of the lesser known side effects of using Accutane include pancreatitis and hypertension, hair loss and hepatitis.
If you are taking either Yaz or Accutane please go back to your doctor and ask for an alternative treatment for either birth control or acne. You will never die from bad acne and you can control getting pregnant in other formats beyond these drugs. Your life is literally at risk.
Driver and Pedestrian Risks Increase As Daylight Saving Time Ends
On Sunday, November 7, 2010 , we gain an hour as clocks are turned back and daylight saving time ends. We encourage all drivers and pedestrians to be more attentive on the highways. Also change your smoke alarm and carbon monoxide alarm batteries. It can help save your life.
As a Florida Law firm we handle many personal injury accidents involving motor vehicles including car accidents, truck accidents and pedestrian accidents. Each year we notice that in November, personal injuries sustained in auto accidents increase. This could be attributed to several factors, such as time change, holiday celebrations, increased holiday shopping traffic, or school and businesses closing for the holidays.
According to the National Highways Traffic Safety Administration (NHTSA) in 2009, approximately 59,000 people sustained injuries in traffic accidents. This was in addition to 4,092 pedestrians that died in traffic accidents. The time of the most traffic accidents occurred between 4 pm and 8pm and between 4 am and 8an. The NHTSA suggests that drivers adjusting to the new time change, the change in the light and distracted driving increases the risk of death and injuries on the roads.
The NHTSA makes the following suggestions to Motorists and Pedestrians:
Pedestrians should carry a flashlight or wearing reflective gear or to make sure they’re visible to drivers at greater distances. Here are additional pointers.
Drivers should slow down, especially during evening hours.
Drivers should be aware that pedestrians who are wearing headphones or earphones may not hear vehicles.
Drivers should keep the windshield, windows, and mirrors clean. Make sure that defrosters and windshield wipers are serviced regularly.
Pedestrians should not depend on the traffic signals. Use common sense when on the road. Look both ways and watch the traffic closely.
Pedestrians should avoid jaywalking and crossing between parked vehicles.
Pedestrians should walk on sidewalks whenever possible. If you must walk on the street, face traffic.
LITTLE KNOWN FACTS ABOUT DAYLIGHT SAVINGS
Residents of Arizona and Hawaii do not observe Daylight Savings Time
U.S. Territories of Puerto Rico and the Virgin Islands do not observe Daylight Savings Time
There is no federal rule that mandates that states or observe Daylight Savings Time
"As we turn back the clocks this weekend, it is a great time to change the batteries in your smoke and carbon monoxide (CO) detectors because winter is the most dangerous season for residential fires and CO poisoning caused by heating systems."
The Consumer Product Safety Commission (CPSC) reminded consumers to change the smoke and carbon monoxide alarm batteries this weekend and test these alarms monthly for proper operation. According to the CPSC Chairman Inez Tenenbaum,
“Properly working smoke and carbon monoxide alarms can save lives by alerting you to a fire or to poisonous carbon monoxide in your home.”
South Florida CBS4 also shares helpful advice for Consumers on How a Daylight Savings Time Act Can Save Your Life. Almost two-thirds of home fire deaths occurred in homes without a smoke alarm or properly working smoke alarm, according to the National Fire Protection Association (NFPA). Non-working smoke alarms contribute to as many 36 hundred deaths and 19 thousand injuries each year from fires in the home.This is a staggering number of lives that could potentially be saved with one simple step - Periodically checking the smoke alarm.
In our family, we change our smoke alarm and carbon monoxide detector batteries twice a year, once when we spring forward and once when we fall back. The CPSC and the NFPA both make excellent pointers about monthly smoke alarm checks. It is always better to be safe
Enjoy your extra hour of sleep tonight. Don’t forget to set the clocks before you go to bed.
Driving while intoxicated or under the influence of alcohol is dangerous and can harm to innocent people. According to the National Highway Traffic Safety Administration (NHTSA), "A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have a blood alcohol concentration (BAC) of .01 gram per deciliter or higher. A driver involved in a motor vehicle crash is considered alcohol-impaired if he or she exhibits a BAC of .08 or greater.
DUI traffic fatalities are sad yet sobering. In 2008, there were 37,261 traffic fatalities, of which, 13,846 deaths were alcohol fatalities. This means that 37% of traffic deaths were alcohol related. In Florida, was #3 in the nation in DUI traffic fatalities with 2,978 traffic fatalities of which, 35% or 1,041 traffic fatalities were alcohol related.
Any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality. The term 'alcohol-related' does not indicate that a crash or fatality was caused by the presence of alcohol." A driver involved in a motor vehicle crash is considered alcohol-impaired if he or she exhibits a BAC of .08 or greater.
Recently, the 70's heart throb, Partridge Family" star David Cassidy was arrested and charged with DUI after a traffic stop in Fort Pierce. According to Police Officers Cassidy drove his car onto a shoulder rumble strip on State Road 91 and then then tried to get onto a southbound entrance ramp and cut another car off. His Blood alcohol level was .14, which is over the BAC level that is acceptable.
Cassidy told the arresting officer that he only had a glass of wine at lunch and a hydrocodone tablet. The officer found a half bottle of bourbon in the back seat of Cassidy's Mercedes. The issue is not that Cassidy is a celebrity and should get special treatment. The issue is that DUI is dangerous and kills. If you have had too much to drink, do not get behind the wheel. Too many personal injury accidents and car accidents could be avoided if people just did not get behind the wheel intoxicated.
The family of a toddler who suffered a severe brain injury in a freak traffic accident will get $20 million in a personal injury lawsuit. The personal injury setlement will cover a lifetime of care for a 4½-year-old Appleton girl who functions at the level of a 2-year-old after she was struck in the head by a pipe that came loose from the truck accident that involved the mother's van and the truck.
The $20 million settlement for the brain injuy victim's parents is the largest civil settlement in Outagamie County court history. Although the crash was minor, the little girl suffered permanent injuries, including brain injury, blindness and traumatic epilepsy, when a pipe rack on the truck owned by a New London well-drilling company failed and scattered several pipes, including one that hit her in the head.
The pipes let loose because of a defect in the manufacturing of the truck's rack, said attorney Daniel Rottier of Madison, who handled the case for the Appleton family. The lawsuit contends the pipe rack was missing a front stop and that straps alone could not hold the pipes.
Traumatic Brain Injury (TBI) Statistics
Traumatic brain injury (TBI) is a serious public health problem in the United States. Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability.
National TBI (Traumatic Brain Injury) Estimates Each year, an estimated 1.7 million people sustain a TBI annually.1 Of them:
52,000 people die as a result of TBI
275,000 people are hospitalized as a result of TBI
1.365 million people, nearly 80%, are treated and released from an emergency department
Eight people were sent to the hospital after they were injured in a Florida Bus Accident involving a Broward County Transit bus and a vehicle on Monday morning. One person is reported to have serious injuries, and the others only minor injuries per reports. Authorities are investigating the cause of the Broward County Transit Bus Accident to determine the cause of the accident.
There are approximately 360 million bus passengers each year. These passengers travel a combined 28 billion combined passenger miles. There are approximately 450,000 school buses transporting elementary and secondary school children to and from school every day. Most of these buses do not have restraint systems or seatbelts. Due to this alarming fact, several children are injured each year in school bus accidents.
A personal injury accident occurs every minute in the United States. Millions of vehicle accidents occur each year in the United States. In 2009, there were over 30,800 traffic fatalities related to motor vehicle accidents. In Florida, there were 2,558 traffic fatalities related to motor vehicle accidents, According to the NHTSA data on traffic safety facts. In general, public transportation such as buses, trains, and airlines have much lower death rates than automobiles and auto accidents when looking at the amount pf passenger miles traveled.
An injury sustained in a motor vehicle accident is a serious issue. We encourage you to exercise caution while on the highway. If you are injured in a motor vehicle accident, seek the proper attention of a medical provider immediately. This can help with your injuries and preserving critical evidence in your injury accident. If you are injured as a result of another person's negligence, seek the assistance of an experienced personal injury lawyer to discuss your rights. Insurance companies have adjusters and legal counsel on their side. An injured person should have someone on their side to protect their rights in a personal injury case.
Bus Injury Statistics - Fatal Crashes by Type
Year School Cross-Country Intercity Transit Unknown Other Total
2007 109 35 113 16 8 281
In an unusual negligence case, a judge rules that a case involving a 4-year old on a bicycle and an elderly woman can proceed. The case happened two years ago in Manhattan. Two 4-year olds, riding bicycles with training wheels on a New York Sidewalk, struck down an elderly 87-year-old woman, who died three days later as a result of injuries. According to court documents, the two children were under the supervision of their parents at the time when the tragic incident occurred.
The Judge presiding over the case, Justice Paul Wooten, cited cases dating back as far as 1928, that the young girl, racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence. He stated the following after the defense attorney tried to argue that the child should not be held liable since her parent was present.
“A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there.
The crucial factor in this case is whether the parent encourages the risky behavior; if so, should the child be held accountable? This is a unique case that stirs controversy for both sides. It will be interesting to see what a jury will find, if the case does not settle before trial. The court of popular opinion is split down the middle. How can you hold a child so young, responsible for this tragedy?
Drywall victims that purchased the tainted drywall from Lowe's Corporation are now eligible for up to $100,000 in cash according to legal documents on Thursday. Under the previous settlement, Lowe's drywall customers were eligible for a maximum of a $2,000 gift card plus $2,500 in cash, providing they had a receipt or a credit card statement showing that the drywall was purchased at Lowe's.
Lowe's customers who fulfill the new requirements are now eligible for a maximum of $100,000 in cash. Homeowners also can qualify if they have at least $4,500 worth of medical bills related to the bad drywall.
Air conditioners that frequently malfunction have become a telltale sign of defective drywall, which releases sulfur gases that can corrode electric wiring and trigger respiratory problems, nosebleeds, irritated eyes and migraines.According to the U.S. Consumer Product Safety Commission, the removal of the drywall and electrical wiring is the only way to repair homes in this condition.
Despite this new improved amount, some owners are stating that $100,000 is not enough to cover all of the expenses and damages attributed to the drywall. Homeowners have had some expenses as high as $500,000 when adding up medical bills, repair costs, damages and alternative dwelling expenses.
This victory is bitter sweet for some homeowners. However, if you are a drywall victim that purchased drywall from Lowe's we encourage you to act quickly and obtain your rightful share of the settlement from Lowe's.
GlaxoSmithKline, one of the world's largest pharmaceutical makers, has agreed to pay $750 million for allegedly selling dangeroua and improperly made drugs.
GSK plead guilty to allegations that a formerly owned plant in Cidra, Puerto Rico churned out medications that were mislabeled, mixed up in the wrong packaging, and even defective -- made either too weak or too strong. The defects affected such popular prescription drugs as the antidepressant Paxil and the ointment Bactroban, used to treat skin infections.
The government claimed that the plant mixed different strengths of some pills together, such as both 30 mg and 10 mg tablets in the same bottle, and that Bactroban and Kytril, an anti-nausea medication, were contaminated with microorganisms.
The success of the lawsuit is largely due to a whistleblower that was a former manager of quality assurance for GSK, who came forward after she was fired. The whistleblower will receive $96 million from the federal share of the $750 million settlement.
The National Highway Traffic Safety Administration (NHTSA) has issued a warning to FORD owners regarding faulty cruise control systems. Ford owners are encouraged to visit a Ford dealer for repairs of affected vehicles. If not properly repaired, the Ford vehicles can catch fire, even if they are turned off, parked and unattended.
Since more of the affected vehicles enter the used car market, the NHTSA is concerned that most used car buyers don’t know whether the used vehicles they purchased were ever returned to dealers for the needed repairs. NHTSA is urging consumers who may have bought these recalled vehicles on the used-car market to make sure the repairs were actually completed.
Owners of the affected vehicles should immediately visit a Ford web site and enter their Vehicle Identification Number (VIN) to see if their particular Ford vehicle has been recalled for the problem and if the repair has been made.
Click on the following link to visit the Ford web site to look up the Ford Recall information. The vehicle’s VIN can be found on the dashboard and on the certification label located on the door latch post next to the driver’s seating position.
Approximately 17.5 million Ford vehicles have been involved in the recalls since 1999 because of a faulty cruise control disconnect switch which can overheat and burn - potentially causing a vehicle fire long after the engine has been turned off. NHTSA noted that Ford Motor Company has been diligent in contacting owners of the affected vehicles, including sending re-notification letters to owners in many cases. Despite the recalls and public messages, there are millions of vehicles still on the road with the dangerous defect.
Any buyer of a new or used vehicle, regardless of make or model, can check with http://www.safercar.gov to see whether any recalls apply to the vehicle they are interested in.
Please see the list below of Ford vehicles that have been recalled for the defective cruise control system:
â– 1992-2003 E Series (all including Econolines)
â– 1992-1998 Crown Victoria/Grand Marquis/Town Car
â– 1993-2003 F Series (150-550)
â– 2003-2004 Lightning
â– 2002-2003 Blackwood
â– 1993-1997 F Series (>8500GVW Diesel)
â– 1999-2003 F Series (>8500GVW Diesel)
â– 1993-1995 Taurus SHO
â– 1993-1998 Mark VIII
â– 1993-1996 Bronco
â– 1994-2002 F53 Motorhome
â– 1994- Mercury Capri
â– 1995-2003 Ranger
â– 1995-2002 Explorer
â– 2001-2002 Explorer Sport & Sport Trac
â– 1995-2002 Mountaineer
â– 1995-2003 Windstar
â– 1997-2002 Expedition
â– 1998-2002 Navigator
â– 1998-2002 Mazda-B-Series
â– 2000-2003 Excursion
A water taxi slammed into a pier Sunday in Seattle, Washington, injuring at least seven people. According to the U.S. Coast Guard rescue workers responded to the boating accident that happened shortly before noon on Sunday. The vessel slammed into historic Pier 50, also known as the Washington Street Public Boat Landing Facility. Reportedly, seven people were taken to the hospital with minor injuries.
There were about 78 passengers and crew were aboard the water taxi – most of which were Seahawks fans heading for the big game with the San Diego Chargers - at the time of the crash.
In the 2009 report on Boating Accident Statistics from the U.S. Coast Guard, approximately 4,730 accidents caused 736 deaths and over 3,300 injuries occurred in 2009.The fatality rate, which compares the number of annual deaths against the number of registered boats, increased to 5.8 deaths per 100,000 registered boats in 2009.
The top five contributing factors to the accidents included boat operator inattention and inexperience, excessive speed, improper lookout and alcohol consumption. The U.S. Coast Guard report states that alcohol consumption "continues to be of major concern" in fatal accidents, and was the leading factor in 16 percent of deaths. Approximately 86 percent of boat operators involved in fatal accidents had not received boat safety instruction.
The state of Florida led the nation in boating accidents with 610 total boating accidents in 2009. This was a decrease from 2008, which had 616 boating accidents in Florida. The number of fatal accidents in Florida increased in 2009 to 53 fatal boating accidents from 50 fatal boating accidents in 2008. The number of deaths in boating accidents increased in 2009 to 67 boating deaths up from 55 boating deaths in 2008.
The State of California came in second place with 478 boating accidents in 2009. This was a decrease from 2008 which had 520 boating accidents in California. The number of fatal accidents in California increased in 2009 to 42 fatal boating accidents from 39 fatal boating accidents in 2008. The number of deaths increased in 2009 to 47 boating deaths up from 45 boating deaths in 2008
The National Highway Safety Traffic report had some surprising statistical findings this year, particularly regarding fatalities. The organization's summary of statistical findings stated that fatalities from highway traffic accidents were down to levels not seen since 1950. This is the fourth consecutive year of decline for fatalities, and motorcycle fatalities alone declined almost 25%. The largest percentage reduction in fatalities was for big truck drivers, whose fatality rate dropped 26%.
The Relationship Between Restraints and Fatalities:
As you might expect, people using restraints such as safety belts experienced the lowest number of fatalities. More than half of those killed were not using any kind of restraint, and among fatalities that happened at night, almost two-thirds were unrestrained. However, overall rates of restraint use actually went down slightly.
Alcohol and Crashes:
There were nearly ten thousand alcohol-related fatal crashes in the US in 2009, a slight decrease from 2008, following a worldwide trend of fewer drinking and driving accidents. Those driving passenger cars had the highest incidence of alcohol-related crashes, while those in large trucks had the lowest incidence. In fact, the number of passenger cars in alcohol-related crashes was more than double that of pickup trucks, and almost eighty times that of large trucks.
Florida 2009 Traffic Statistics vs. 2008 Traffic Statistics
Florida in particular experienced a significant drop in drunk driving fatalities, with almost 500 fewer fatalities in 2009 than 2008. However, in both instances, around 30% of traffic fatalities were from alcohol-related crashes. Many other states experienced drops as well; Nevada had the biggest drop in alcohol-related driving fatalities at 36%, closely followed by New Hampshire and Wyoming.
Surprisingly, many states had a large percentage increase in the number of alcohol-related traffic fatalities. Hawaii and Montana both experienced around a 25% increase in these kinds of fatalities, while Rhode Island experienced around a 50% increase. The state with the largest increase in alcohol-related traffic fatalities was Vermont, where drunk driving fatalities increased 92%.
Despite an overall trend towards road safety, and levels of accidents that have not been seen since 1950, some disturbing trends still come to light. The reduction in restraint usage is particularly serious, especially as lack of restraint in car accidents is very often fatal to children, making car accidents the leading cause of death in those 10 and under. Likewise, though alcohol-related traffic fatalities did drop nationwide, some states showed alarmingly large percentage increases.
On September 6, 2008, eight year-old Ronshay Dugan was riding in the back of a Boys and Girls Club bus when the drowsy driver of a cement truck slammed into the bus. Ronshay later died of head trauma.
Though it may have seemed like too little, too late to those who loved Ronshay Dugan, Florida state representative Alan Williams created and helped pass the Ronshay Dugan Act in 2010, which includes an annual Drowsy Driving Prevention Week at the beginning of September. Nicknamed the “You Snooze, You Lose” campaign, Florida aims to raise awareness of the dangers associated with drowsy driving.
Drowsy Driving Statistics
Close to a third of American drivers admit that they have nodded off behind the wheel, while more than half of drivers confessed to driving sleepy. (NHTSA)
Driving Drowsy results in at least 100,000 crashes every year (NHTSA)
There are appx. 1,500 deaths and 71,000 injuries as a result of driving drowsy. (NHTSA)
62% of surveyed American adults (72% of men and 54% of women) reported driving while feeling drowsy.
37% of surveyed American adults (49% of men and 26% of women) said they have dozed off while driving at least once.
27% of surveyed American adults (36% of men and 20% of women) said they have dozed off while driving in the past year.
The Florida Department of Transportation website highlights a few groups of drivers who are the most at risk for driving drowsy:
Young drivers between the ages of 16 and 29, especially males. (It is estimated that drivers under the age of 25 cause over half of crashes involving drowsiness.)
Third-shift workers, or others who work long shifts or irregular hours.
Jet-lagged business travelers.
Commercial drivers and long-haul truckers.
In heavy truck crashes, drowsy driving plays a role about 15% of the time.
Solve the Problem of Drowsy Driving
Reconsider your options before getting behind a wheel:
Ask a Friend for a ride or Call a Cab.
If you're arriving home from a business trip and feel too exhausted to drive, call a cab or take the bus, and pick your car up from the airport the next day.
If you are a late-night worker, consider taking public transportation to and from work.
Think about your sleep schedule. Americans tend to be sleep-deprived. As a culture, we tend to prioritize getting the job done over our health and our sleep. The result is highways filled with drivers who did not sleep much the night before.
Schedule breaks
For commercial drivers or others on a long road trip, take a break every few hours. A few minutes' break or even a power nap can greatly help your alertness.
If you are still tempted to drive drowsy, just remember all of the lives that you are putting at risk. Remember little Ronshay Dugan, he would be here today, if the driver behind the wheel would have not been driving drowsy.
Toyota Motor Corp. urged a U.S. judge to dismiss mass consumer lawsuits over sudden-acceleration claims relating to its vehicles. The company accuses plaintiffs’ attorneys of using anecdotal evidence and failing to identify specific defects in its vehicles.
Sudden acceleration prompted the world’s largest automaker to recall more than 8.5 million vehicles worldwide, and resulted in an onslaught of lawsuits against the company. Some 300 federal lawsuits, filed mainly by Toyota owners disgruntled with the devaluation of their vehicles following the recalls, have been consolidated and assigned to U.S. District Judge James V. Selna.
Toyota officials continue to attribute the unintended acceleration incidents to sticky accelerator pedals and floor mats. Plaintiffs’ attorneys, however, are suggesting that the automaker’s electronic throttle-control systems are the source of the sudden acceleration occurrences.
The plaintiffs’ attorneys alleged in a mass economic loss complaint filed in August that the car-maker knew six years ago that its electronic throttle-control equipped vehicles had a high complaint rate, yet chose to ignore these warnings and failed to take precautionary safety measures such as installing a brake-override system in the vehicles.
Toyota’s attorneys continue to defend the company’s vehicles, citing that no evidence of flaws related to its electronic-throttle control systems exist, thereby ruling out the possibility of connection between electronic equipment and unintended acceleration.
A filing released by Toyota stated the following about the situation:
"Absent from plaintiffs' complaints are any identification or description of any alleged defect in the (electronic throttle-control system). Unless and until plaintiffs can provide factual allegations of a specific defect in the (electronic throttle-control system) that cause the subject vehicle to experience a sudden unintended acceleration event, plaintiffs' product and liability claims should be dismissed.”
There is a hearing scheduled for Nov. 19 on the motion to dismiss the sudden-acceleration lawsuits.
Opinions and Orders In Re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation, 8:10-ml-02151, U.S. District Court, Central District of California (Santa Ana) Court Orders
Approximately 1.6 million traffic accidents happen on roads across the U.S. because people are talking on cell phones. Studies show that eight in ten Americans admit to driving while on their cell phones.
A report by The Harvard Mental Health Letter found that talking on a cell phone while driving is more dangerous than talking to a passenger in the car. Researchers found that the drivers talking by cell phone were more likely to drift between lanes and miss an exit than were drivers talking to passengers.
Some drivers feel that using a hands-free cell phone will make it better, but research shows otherwise. Studies show that hands-free cell phones can be just as distracting and that any type of cell phone used while driving can cause impairments similar to drunk driving.
In 2009, there were 33,963 Americans killed in traffic crashes and many that were injured in traffic accidents. Automobile traffic accidents are the number one cause of death for Americans ages 3 to 33. Those numbers are shocking, but because drivers spend so much time behind the wheel, there is a false sense of security despite knowing that several people have died or been seriously injured on our highways. This feeling of safety brings on complacency. Operating a vehicle is serious business and not paying attention to the highway can lead to deadly results.
Distracted driving is any non-driving activity a person engages in that has the potential to distract him or her from the Research on distracted driving reveals some surprising facts:
Nearly 6,000 people died in 2008 in crashes involving a distracted driver, and more than half a million were injured.
In 2008, almost 20 percent of all crashes in the year involved some type of distraction.
The younger, inexperienced drivers under 20 years old have the highest proportion of distraction-related fatal crashes.
Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves.
Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.
Distracted driving and cell phone use is a serious issue and several publications have published research on the dangers in addition to the Harvard Mental Letter. The New England Journal of Medicine published the article “Talking about Driving and Distraction”. The publication Human Factors published a detailed story on “A Comparison of the Cell Phone Driver and the Drunk Driver”.
A Palm Beach County traffic accident involving a Church-Bus and a pickup truck injured four people after the bus lost control and struck the pickup truck over the weekend. The accident happened in Lake Worth on Federal Highway and South Eighth Avenue.
Palm Beach County Emergency medical personnel air lifted one passenger from the pickup truck to Delray Medical Center. Another passenger in the pickup truck also reported injuries. The church bus was carrying 21 people, of which two people on the bus reported injuries at the scene of the bus accident.
The National Highway Traffic Safety Administration recently released a report on 2009 motor vehicle traffic crash Stats. The Traffic Safety Facts Report show a decrease in 2009 traffic fatalities when compared to 2008. The NHTSA report on highway crash statistics for 2009 shows that approximately 33,963 people died in motor vehicle traffic accidents. This is an 8.9 percent decrease from 2008, where there were 37,261 traffic fatalities. This is the lowest record of traffic accidents on record since 1954.
Forty-one states, the District of Columbia and Puerto Rico all had reductions in fatalities. Florida led the nation with 422 fewer fatalities in 2009, followed by Texas with 405 fewer fatalities in 2009.
Researchers attribute law enforcement’s crack down on drunk-driving, safety awareness campaigns for seatbelts and distracted driving and overall car safety improvements for the lower traffic deaths in 2009.
Click on the following link to read more from the Palm Beach Post on the bus accident.
Rarely do I get a chance to discuss baseball on our Injury Law Blog. The following case regarding recent verdict in the wrongful death of a NY Mets Pitcher presented the perfect opportunity.
A Miss. jury awarded the family of Brian Cole a $131 million verdict in the wrongful death lawsuit involving a Ford UV Rollover. According to former Mets Manager, Brian Cole was a top prospect and the NY Mets were building a team around him. He had a very promising career in baseball before his life was cut short in the fatal Ford Explorer Rollover accident.
Brian LaBovick, Esq., Managing Shareholder, LaBovick & LaBovick, P.A., made the following statement about the verdict:
"Thank God the jury had the courage to value the case properly so that Ford learned a valuable lesson, that a person's life has value. They must fix their defective automobiles so they protect human life rather than cause the loss of life."
According to ESPN, the Cole family contended the following:
"The Explorer is defective and unreasonably dangerous for the uses for which it was marketed because the vehicle has an unreasonable tendency to roll when used as Ford marketed it to be used [as a station wagon replacement], and that the vehicle is also defective and unreasonably dangerous from an occupant protection or 'crashworthiness' standpoint because the safety belt failed to remain locked and permitted Brian to be thrown from the car and killed."
As one would expect, Ford did not admit any wrongdoing and blamed that the accident was caused by the fault of the driver, excessive speed and not wearing a seatbelt.
Ford issued the following statement after the trial:
"This was a tragic accident and our sympathy goes out to the Cole family for their loss, but it was unfair of them to blame Ford. Further they stated that “ Brian Cole had been driving over 80 mph when he drifted off road for unknown reasons, suddenly turned his steering wheel 295 degrees, lost control, and caused the vehicle to roll over more than three times. He was not wearing his safety belt and died after being ejected from the vehicle. His passenger, who was properly belted, walked away from the accident”
Eleven of the 12 jury members agreed on the verdict against Ford, after which the case was settled. It was the third time the case was being tried.
In the past several year cruises have become a popular, affordable and a fun way to travel. It seems that you cannot watch television for a half hour without seeing at least one commercial for a cruise line. In fact there are approximately two hundred (200) over night, ocean going cruise vessels world- wide averaging two-thousand (2,000) passengers and a crew of almost a thousand (1,000) crew members. In 2007 alone approximately twelve-million (12,000,000) passengers took cruises. Even with these numbers, vacationers fail to fully appreciate their potential vulnerability to crime even on the ship itself. Additionally, many passengers are victims of crime on foreign soil. The victims often do not know their legal rights or whom to contact for help in the immediate aftermath of a crime either at sea or on foreign soil.
Recently passed, and waiting for the President’s signature, is H.R.1485.IH which is commonly referred to as the Cruise Vessel Security and Safety Act of 2009. This law is designed to fully inform all of the passengers of their rights if they become victims of crime while on a cruise. Additionally, it requires the vessel to have certain equipment and modifications which further ensure the safety of its passengers. The equipment and modifications include railings that are located on each deck that are not less than four and a half feet (4 ½) above the deck, the staterooms shall be equipped with entry doors that include peep holes, security latches and time sensitive key technology. Also, the cruise shall have restrictive access to passenger state rooms. Fire codes shall be implemented. The vessel shall integrate technology that can be used for detecting passengers who have fallen over board. Also, the ship is to keep a log of all reported deaths, missing individuals and significant crimes alleged to be committed on the vessel including, but not limited to, complaints of theft, sexual harassment and assault. These log books will be made available upon request to the Federal Bureau of Investigation, the Coast Guard and any law enforcement officer in any jurisdiction.
The ships shall also be equipped with rape kits and crime investigation tools. The cruise shall undergo crime investigation training and at least one (1) crew member aboard the vessel shall be certified as successfully completing a crime scene evidence and investigation course subscribed to by the F.B.I. They shall also be required to carry surveillance and keep all the recordings. These policies and procedures are subject to periodic review.
Until now all of the aforementioned requirements were strictly voluntary and implemented by the cruise line at their own election. This made it very difficult for passengers to report crimes and obtain appropriate follow up by law enforcement. This legislation makes it mandatory for the ships to carry certain safety equipment, employ personnel educated in crime scene investigation and over all improve the safety of the ship. Each passenger will be informed of their rights. It is the desired goal of this legislation to ensure the enhanced safety of the passengers and the ships. These changes will obviously instill a certain a certain peace of mind in each and every passenger. As cruising grows, so do the modifications and improvements to safety and the overall comfort and pleasure of each and every passenger.
We can’t stress enough, the importance of how seatbelts can save lives in car accidents. On Sunday morning, two cars collided in a traffic intersection at Sunnyvale. Sadly one woman died and two teen girls were taken to the hospital for injuries.
The accident occurred when a pickup truck collided with a sedan. The driver of the pickup truck was the only person not wearing a seatbelt. Paramedics responding to the crash, pronounced the driver of the pickup dead at the scene. The two teen passengers, both wearing seat belts, were transported to Stanford University Hospital. However, not wearing a seat belt could have caused the fatality, police believe. "Potentially, this could have been a survivable collision," According to Police Office
Statistics show that people involved in accidents wearing seatbelts have a greater chance of survival.
The Holiday weekend continues to be deadly for boaters on the water. In a tragic boating accident accident on Lake St. Clair, one person was killed and six others hurt, after two boats collided around 1:00 am. The Sheriff's Department is investigating the boating accident and will reconstruct the accident to determine what went wrong in the water.
One boater. Michael Mielke contacted authorities after his 31-foot Formula was struck by the bow of a 1987 Wellcraft. Quick thinking Mielke called for help minutes after his boat started sinking into Lake St. Clair. According to reports, the 1987 Wellcraft was traveling at a high speed, maybe 50-miles per hour. The impact of the collision tossed almost all of the passengers in both boats into the water. The 27-year old driver of the Wellcraft, Eric Morey died from blunt force trauma according to authorities and sadly drowned in his sinking boat.
A total of six people were injured with mainly lacerations and broken bones except a twelve-year-old boy, who suffered major head trauma and is in critical condition. The only member of the Morey family on the Wellcraft that escaped injury was a 15-year-old boy.
The Lake St. Clair crash is under investigation and according to authorities, Morey was actually considered at-fault for this accident. The driver of the 31 Foot Formula, Mielke's tested negative for alcohol. It will take several weeks for the toxicology report for the deceased Morey to be completed.
We can’t stress enough how important it is for boaters to exercise safety and caution while operating boats.
Please read below for boating accident statistics and boating safety tips from the American Boating Association. "Boating Safety – It could Mean Your Life"- B E S A F E
KNOW YOUR...
Boat Equipment Safety devices and PFDs Alcohol limits First aid and emergency procedures Environment (area and weather)
The holday weekend continues to be dedly for boaters on the water. In a tragic boating accident accident on Lake St. Clair, one person was killed and six others hurt, after two boats collided around 1:00 am.
The Sheriff's Department I is innvestigating the boating accident and will reconstruct the accident to determine what went wrong in the water.
One boater. Michael Mielke contacted authorities after his 31-foot Formula was struck by the bow of a 1987 Wellcraft. Quick thinking Mielke called for help minutes after his boat started sinking into Lake St. Clair.
According to reports, the 1987 Wellcraft was traveling at a high speed, maybe 50-miles per hour. The impact of the collision tossed almost all of the passengers in both boats into the water.
The 27-year old driver of the Wellcraft, Eric Morey died from blunt force trauma according to authorities and sadly drowned in his sinking boat. "
A total of six people were injured with mainly lacerations and broken bones except a twelve-year-old boy, who suffered major head trauma and is in critical condition.
The only member of the Morey family on the Wellcraft that escaped injury was a 15-year-old boy. We spoke to his mother, who is frantically trying to make it back to Michigan from Florida.
The Lake St. Clair crash is under investigation and according to authorities, Morey was actually considered at-fault for this accident. The driver of the 31 Foot Formula, Mielke's tested negative for alcohol. It willtake several weeks for the toxicology report for the deceased Morey to be completed.
We can’t stress enough how important it is for boaters to exercise safety and caution while operating boats.
Please read boating accident statistics and boating saftey tips from the American Boating Association. Boating Safety – It could Mean Your Life -
Intoxication while operating a boat is never acceptable under any circumstances. On Friday two boaters on separate water crafts went out for an early Fourth of July celebration. Unfortunately for 30-year old Puthuvamkunnath, he will never get this opportunity again. He was killed after a 30-foot boat rammed into his 17-foot boat that was anchored off Liberty Island in New York
Drinking and taking drugs while operating a boat can be a deadly combination in the water, especially if one is intoxicated. On Friday evening, Aquilone’s judgment was impaired due to drinking while operating his 30-foot boat and as a result, caused a fatal boat crash with a 17-foot boat carrying 30-year old Puthuvamkunnath and his friends.
The police arrested 39 year old Aquilone and charged with him with manslaughter. According to reports Aquiline was operating the vessel under the influence of alcohol and drugs while his wife and two small children were on board.
According to the police, Puthuvamkunnath was taken to Jersey City Medical Center with his two friends and was pronounced dead due to head injuries. The two friends were treated for minor injuries and was released from the hospital.
The Appellate court ruled that a shore town's law requiring personal watercraft operators to complete an approved boat safety course does not hold a city liable in the death of Jet ski User.
In the wrongful death action on behalf of a 16-year-old girl who perished when her Jet Ski hit an Ocean City, N.J., dock, the appeals court upheld the dismissal of the suit.
One would have thought that the wrongful death suit was a slam dunk for negligent supervision. The attendant for the city's boat ramp did not check whether the 16 year old Jet Ski User had the necessary skills before the ski launch. The court ruled that the Torts Claims Act, at N.J.S.A. 59:2-4, provides immunity for the city. Sadly, the appellate court sided with the trial judge that the facts in the case before the court did not support a negligent-supervision claim under another section of the act, 59:3-11.
Authorities say two brothers, ages 4 and 15, have died after being run over by a big rig at a truck washing facility in the Wilmington area of Los Angeles.
Police Officer Cleon Joseph says the victims were riding on the back of a moving tractor-trailer late Sunday morning when they fell off and were struck.
The Coroner's office says the 15-year-old, Joel Flores, was pronounced dead at the scene. Four-year-old Alexander Flores was taken to a hospital where he later died.
The family of a woman killed while riding her bicycle was awarded a $2.4 million settlement in a wrongful death lawsuit. Their goal is to prevent more tragic bike accidents from happening.
The bicycle accident occurred when 54 year old, Deborah Johnson, was bike riding with a friend on a Sunday afternoon in July 2007. Deborah Johnson struck her head after being thrown from her bike. She died two later in Stanford University Medical Center.
The husband of Ms, Johnson, John Gerrity, told the media that her friend saw her fall from her bike after hitting an object in the bike lane. The object that caused the fall was a flat black octagonal rubber base of a "candlestick" delineator that had become separated from its plastic orange pole. This tragic accident could have been avoided. A few days prior to the bike accident, road workers had just completed paving the road. Dividers were set up to mark the bike lane. The divers were removed after the bike crash.
The California Injury Lawyer's Blog by Howard | Nassiri, PC mentions the following in their post on the tragic bicycle accident:
The Manual on Uniform Traffic Control Devices says that raised pavement markers and posts should not be used to separate travel lanes from bike lanes. The federal manual noted that raised devices are a bicycle crash hazard. Gerrity, who has researched traffic safety practices and codes since his wife death, says that after a road is repaved it is standard practice to leave it unmarked while the asphalt is drying. After that, a temporary line or strip is painted onto the road until permanent markings are created.
Bicycle Safety Tips
As a Florida Personal Injury Law Firm, we encourage all bike riders to exercise caution while on the roadway. Safety on the roadways is important to saving lives. The NHTSA produces a Bycycle Traffic Facts Data Sheet The 2008 Bycycle Traffic Facts Sheet lists all Bicycle Traffic fatalities by state. Florida leads the nation in Bicycle Traffic Fatalities. The top three states basd on bicycle traffic deaths are:
Florida – 125 bicycle deaths
California – 109 bicycle deaths
Texas – 53 bicycle deaths
In Florida, a Bicycle Safety Advocate and a local blogger developed a "collision database" to track the least safe areas to ride bicycles in Miami. Transit Miami documents crashes that often prove fatal in and around Miami.
Go With the Traffic Flow. Ride on the right in the same direction as other vehicles. Go with the flow – not against it.
Obey All Traffic Laws. A bicycle is a vehicle and you’re a driver. When you ride in the street, obey all traffic signs, signals, and lane markings.
Yield to Traffic When Appropriate. Almost always, drivers on a smaller road must yield (wait) for traffic on a major or larger road. If there is no stop sign or traffic signal and you are coming from a smaller roadway (out of a driveway, from a sidewalk, a bike path, etc.), you must slow down and look to see if the way is clear before proceeding. Yield to pedestrians In crosswalk.
Be Predictable. Ride in a straight line, not in and out of cars. Signal your moves to others.
Stay Alert at All Times. Use your eyes AND ears. Watch out for potholes, cracks, wet leaves, storm grates, railroad tracks, or anything that could make you lose control of your bike. You need your ears to hear traffic and avoid dangerous situations; don’t wear a headset riding.
Look Before Turning. When turning left or right, always look behind you for a break in traffic, then signal before making the turn. Watch for left- or right-turning traffic.
Watch for Parked Cars. Ride far enough out from the curb to avoid the unexpected from parked cars (like doors opening, or cars pulling out).
Early morning driving in West Palm Beach has become more dangerous. West Palm Beach resident Myra Hudson was asleep in her home with her grandson and daughter when she was awakened by the sound of a loud crash. Amazingly, the crash was that of 79-year-old man crashing his SUV into her home. This 79 year old was exchanging gunfire with other people in the West Palm Beach Neighborhood when he literally crashed into Ms.Hudson's home around 3:30 AM.
According to the police, none in the home was hurt, from the car accident. However, the 79 year old gun slinging driver, Lamar Davis, was critically injured and transported to St. Mary's Medical Center.
Investigators are looking for the people involved in shooting 79 year old Lamar Davis. They also want to hear from any witnesses who may have seen the incident. Anyone with information is asked to call Palm Beach County Crime Stoppers at 1-800-458-TIPS (8477).
The American Red Cross gave Ms. Hudson and her family a place to stay for five days. They can't go back into their home until the dwelling is certified safe by inspectors.
We encourage readers to support the American Red Cross in their local community, so that the American Red Cross has the funds to assist families in times of need.
Yesterday Mark Hanson and I met with a group of clam farmers in the Florida Panhandle. Their entire life is clamming. They live right on the Sopchoppy river, about an hour south of Tallahassee. It is a beautiful part of the world. A cousin of the Ochlockonee river, the Sopchoppy river flows through their back yard. They are a few minutes from the Gulf of Mexico where they have a 10 year lease from the State of Florida on a small amount of riparian land to “farm” clams.
When you’re on the shore looking out you at the Gulf can see the marking sticks setting out the parameters of their clam garden. Those PVC sticks look like they are white floating reed setting out the area where millions of clams are being raised in protected grow bags. Right now the water is beautiful. It looks clean and fresh. The State of Florida environmental testers check the water daily to make sure there is no toxic oil in the area. Yesterday we had an opportunity to pull more clams from the ocean. Tomorrow we may not be so lucky.
Everyone we met in Sopchoppy, Florida has a job related to fishing, clamming or oyster farming. The Gulf of Mexico is their life. There are shrimpers and line fisherman and divers and all sorts of other people. We met people in the tourist industry and people who own recreational water sports businesses. For each, the sea is their entire way of life.
Every one of them is scared to death. There is a black cloud of oil approaching. It is hundreds of miles wide and thousands of miles long. There is nothing anyone can do to stop it. When it makes its way to land it will destroy everything it touches. It will destroy their oyster farms. It will destroy their clams. It will destroy the fishing. It is already devastating the coast just a few miles west of where we were.
Mark and I went out on the pontoon boat with our clam farming clients. Their goal is to pull out as many ripe clams as possible before the oil shuts down their entire way of life. Watching these hard working people talk about effect the oil will have on their way of life makes me shutter in fear for them. I imagine camps of countless unemployed fisherman, clam and oyster farmers, fisheries, shippers and wholesalers. Where are they going to go? What are they going to do?
Is BP going to pay for all of these people to be retrained? Is BP going to make these people whole? We are going to fight for these clam farmers. We are going to fight for the fisheries. We are going to fight for everyone who is hurt by this oil disaster. I know in my heart we will win. But after seeing the fear in my client’s eyes, I know this disaster will have a deep long lasting personal effect on them. No matter what BP ever does they will never make up to them the harm and hurt and fear and devastation they caused to our property and more importantly, our people.
It is always sad to read about tragic accidents. On May 31, a 20 year old Wellington Resident was having fun visiting Orlando with a group of friends from South Florida. Unfortunately, at 2:50 am, she was a passenger in a Lexus SUV on the Florida Turnpike near Orlando, when her friend lost control of the vehicle. The Lexus SUV rolled over twice, after hitting the guardrail, and ejected passenger Shanique Corbett from the vehicle.
Ms.Corbett died from injuries sustained in the Rollover accident. The driver, 20 year old, Emmylee A. Rousseau, 20, of Pembroke Pines. suffered serious injuries in addition to a 17 year old passenger. According to reports, other passengers in the vehicle suffered minor or no injuries.
When someone dies in a car accident it is always a travesty. The first question that is asked is what caused the accident? Followed by could the accident have been avoided? Were the people wearing seatbelts? Was alcohol involved? Was it a mechanical or human error that caused the accident?
Investigators are investigating the Orlando SUV accident that killed 20 year old Corbett, who unfortunately was not wearing a seatbelt, according to published reports in the Palm Beach Post. The next question is would she have lived, if she were in a seatbelt at the time of the Rollover? We will never know the answer to that question.
However, we can promote the message that wearing seatbelt is required in Florida for drivers and passengers because they help save lives. The following are Florida Seatbelt Safety Stats published from the organization Florida Students Against Distracted Driving (SADD) based on info from the 2007 National Highway Traffic Safety Administration (NHTSA) and the FL Dept. of Highway Safety and Motor Vehicles.
Florida Seatbelt Safety Stats:
Every hour, someone dies in America simply because they didn't buckle up.
Failure to buckle up contributes to more fatalities than any other single traffic safety-related behavior.
Back seat passenger who do not wear seat belts are three times as likely to die or have serious injuries as passengers who wear a rear seat belt.
Passengers up to the age of 18 must be belted when in either the front or tear seat of a vehicle.
All front seat occupants must buckle up, even if the vehicle is equipped with an air bag.
The driver is held responsible for passengers under 18 years of age who are not buckled up.
Passengers 18 years of age or older may be individually fined if they are not buckled up.
Our deepest sympathies go out to the family and loved ones of Shanique Corbett. We strongly encourage all drivers and passengers to buckle up. It is the law in Florida and it can help save lives.
The Florida Pan Handle beaches are threatened as the BP oil slick moves closer. The latest attempt to control the seafloor gusher is risky. Even if it works, the current mission to cut a major pipe and cap it would not stop the oil flow. If it fails, it could make the Deepwater Horizon oil spill even worse. The new maneuver, called a top kill, failed Saturday, when engineers were unable to plug it with heavy mud. A permanent fix is not expected until August.
Investors are not giving the Oil Giant BP a second chance, as the BP stock declined a second day after reactions to the top kill failure and the Justice Department's announcement of criminal and civil probes into the spill, although no specific targets for prosecution were named.
Since the Oil Spill Started after the April 20th explosion, BP has lost $75 billion in market value and are expected to lose billions as the damage claims escalate. There are no sympathies for this corporation. The impact and the devastation on the lives and environment that this oil spill tragedy has caused is heart breaking.
Officials in Florida, officials confirmed an oil sheen about nine miles from Pensacola beach, where the summer tourism season was just getting started. Emergency crews scoured the beaches for oil and shoring up miles of boom. County officials will try and block oil from reaching inland waterways but plan to leave beaches unprotected because they are too difficult to protect and easier to clean up.
According to Keith Wilkins, deputy chief of neighborhood and community services for Escambia County "It's inevitable that we will see it on the beaches,"
The oil has been spreading in the Gulf since the Deepwater Horizon rig exploded on April 20th, killing 11 workers and eventually sinking. BP, the largest oil and gas producer in the Gulf operated the rig.
Two vehicles were involved in a head-on collision on Interstate 4 causing one of the passengers to lose her arm. The violent car accident happened on May 21, 2010 in Orlando around 2:30 am, when a 21 year old male was driving his 2010 Nissan westbound into the eastbound lanes of I-4 and collided with a Honda driven by a 32 year old female.
In an effort to avoid the car collision with the Nissan heading the wrong way on I-4, the driver of the Honda swerved her car towards the divider wall of the Kaley Street Overpass. Unfortunately, the impact was not avoidable and the Honda collided with the Nissan. The impact of the car accident caused the Honda to crash into the wall and flip several times. The car crash shut down I-4 for almost four hours, and eastbound traffic was backed up for miles.
According to the Orlando Sentinel, emergency crews rushed the driver of the Honda to Florida Hospital and her passenger to Orlando Regional Medical Center for emergency medical treatment of their injuries sustained from the car accident. The Orlando Fire Department crews had to cut the top of the Honda to treat the injured passenger for her severed arm and other injuries sustained in the car collision. The driver of the Nissan was taken to ORMC for medical treatment.
Orlando Police Investigators are trying to determine where or why the driver of the Nissan entered I-4 driving the wrong way and caused the tragic car accident.
This particular Orlando car accident was not a fatal one. Unfortunately, several people were severely injured as a result of the wrong way driver on I-4. Several questions need to be answered, such as was alcohol involved, was the driver distracted, was the driver falling asleep at the wheel among many more. The Orlando police investigators will do a thorough investigation of this accident and will present the facts to the proper authorities.
The 2009 traffic data on accidents is expected from the National Highway Safety and Transportation Association (NHTSA) by late June. The NHTSA released a Traffic Safety Facts preliminary report in March 2010 on traffic fatalities in 2009 citing that there were 33,963 deaths as result of traffic accidents. This is a decrease from 2008, where 37,261 people died in traffic accidents.
We encourage drivers to exercise care and caution while driving. Some accidents can’t be avoided, especially, when they are caused by the negligence of others. However, there are things that drivers and passengers can do to protect themselves on the highway and to make it safe for everyone. A few simple things such as using a seat belt, not texting while driving, limiting distractions in a car while driving include a few basic principles.
The highways can be extremely dangerous for all drivers. When it comes to motorcycles, this danger increases greatly. Recently, a motorcyclist was critically injured after a hit and run wreck with an SUV. The biker was riding with two other motorcycles when an SUV ran a stop sign.
After running the stop sign, the SUV collided with one of the motorcyclists, which caused it to roll over. The other two motorcyclists put their bikes down on the asphalt in an effort to avoid a head on motorcycle crash. One of the motorcyclists who laid down his bike hit his head on a fire hydrant and suffered critical head injuries. All three motorcyclists were wearing helmets.
In an unwise move, the SUV driver ran from the scene. The police apprehended the hit and run SUV driver several hours later. The authorities are investigating the accident.
Despite the known dangers, motorcycle riding is quite popular, according to the U.S. Department of Transportation, there were 7.1 million motorcycles on the road in 2007 and in 2008, sales for motorcycles were over 1 million in 2008. During this time motorcycle fatalities also increased, in 2008 reaching the record number of 5290 in 2008. There has also been a dramatic jump in the number of deaths among motorcyclists age 40 and older in recent years.
The Governor's Highway Safety Association (GHSA) issued a preliminary report on Motorcyclist Traffic Fatalities by State for 2009. In the Spotlight on Highway Safety report on motorcycle fatalities for 2009, there was a trend in a decrease towards fatalities. The report only included data from 39 States, however, this trend is positive news. The top nine states with motorcycle fatalities include the following states: California, Florida, Illinois, Indiana, New York, North Carolina, Ohio, Pennsylvania and Tennessee.
2008 2009 Change
CA 454 321 - 133
FL 413 302 -111
IL 110 113 + 3
IN 112 104 -8
NY 159 134 -2
NC 147 136 -11
OH 184 136 -48
PA 202 185 -17
TN 132 101 - 31
This brings us to a few very important issues. How can we make the roadways a safer place for motorcyclists and other drivers?
The Motorcycle Safety Foundation has created a great list on Ten Things All Car & Truck Drivers Should Know About Motorcycles. Please click on the link below to read a few selected few highlights from this list.
The City of West Palm Beach is embracing the new trend of traffic light cameras to help issue fines. The Palm Beach Post reports that new data on the first 70 days of the project shows that accidents increased and rear-end collisions doubled compared to the same period of 2009.
It is important to note that West Palm Beach implemented installed the traffic light cameras in the name of safety. However, the snowball effect of this safety measure helped the City of West Palm Beach capture a third of a million dollars from 2,675 camera fine tickets in the month of March.
Motorist group AAA pointed out that Goldman Sachs partly owns the private camera contractor American Traffic Solutions based out of Arizona. Kevin Bakewell, a vice president with AAA stated, "It's more about the money than it is traffic safety". AAA and other opponents were unsuccessful in urging Gov. Charlie Crist to veto the state law on traffic light cameras in Florida.
Traffic division director Dan Weisberg stated that Palm Beach County plans to put cameras at 10 intersections because research in other states such as Virginia tends to show at least a moderate reduction in side-angle crashes with cameras, even if rear-end crashes sometimes go up.
In 2007 a Virginia study found red-light running crashes decreased 42 percent , while rear-end collisions increased 27 percent after red-light cameras were installed. These statistics are unsettling for something that is supposed to help promote safety. The data on the cameras in Palm Beach County are new. Time will tell how the traffic safety stats in Palm Beach County will shape up, by year end.
West Palm Beach Drivers beware: The days of getting away with running a red light without being caught are over. However, your chances of getting into a rear collision car accident in West Palm Beach have increased. Drive with caution in West Palm Beach the cameras are watching.
Traffic accidents involving commercial trucks happen everyday, therefore drivers must pay careful attention while on the road. This week in West Palm Beach, there was a truck accident involving an 18-wheeler. According to reports, the driver of the tractor trailer suffered a heart attack. Our thoughts and prayers go out to the driver and his family as he recovers.
The driver, a 61 year old male was taken by Trauma Hawk to St. Mary's Medical Center. The West Palm Beach truck accident occurred after the driver had a heart attack and lost control of the vehicle. The tractor-trailer rolled over and ended up in a canal, thankfully, emergency workers managed to get the driver out of the cab after about 25 minutes of prying the cab open.
Commercial Trucks are very important to transporting goods throughout the country. The Trucking Industry is an important industry that creates approximately 255.2 billion dollars a year. There are over 3 million truckers that drive on our highways, as independent drivers and as contract employees for trucking firms. However, since large tractor trailers and other commercial trucks share the highway with motorists, there is a level of responsibility that must be maintained to help keep the roadways safe to prevent truck accidents.
The FMCSA indicates that a number of factors can contribute to poor driver performance, which in turn can cause truck accidents. These factors can include:
• Speeding
• Fatigue
• Distractions such as Cell Phone Use or Texting while Driving
• Use of Prescription and Over-the-Counter Drugs
In Palm Beach County, there was a fatal truck crash involving a tow truck and a van this week. Reports show that the tow truck driver tried to make an illegal U-turn on Florida's Turnpike and caused a fatal crash. The victim of the other vehicle unfortunately died. This Palm Beach traffic accident caused a shut down the major roadway's southbound lanes in Boynton Beach for several hours.
According to the FHP, the tow truck slowed on the turnpike in order to make an illegal U-turn. The tow truck pulled into the median but the rear of the truck remained protruding into the traffic lanes. A van driving behind the truck collided with it and rolled over.
The van's driver, was a 32 year old Lake Worth resident. The driver was not wearing a seat belt at the time of the crash, according to an FHP news release.The tow truck driver was a 42 year old male of West Palm Beach. He was not injured. The FHP said the case is still being investigated and charges in the crash are pending.
There was a surviving passenger in the Ford truck that was taken to the hospital for treatment of injuries.
Rollover Crash in Palm Beach County causes death of driver - Palm Beach Post
In response to the circumstances surrounding McNeil Consumer Healthcare’s (McNeil) voluntary recall of multiple well-known pediatric medicines including Children’s Tylenol, the House of Representatives Committee on Oversight and Government Reform opened an investigation into the matter. Reuters reports that the Congressional committee is looking into whether McNeil, a unit of Johnson & Johnson, “failed to investigate consumer complaints that could have identified the contamination problems.”
The committee also plans to scrutinize the adequacy and performance of the U.S. Food and Drug Administration’s (FDA) inspection process following a routine inspection of McNeil’s Fort Washington, Pa. facility in April in which federal health officials found contamination, grime, thick dust and quality control violations.
Committee Chairman Edolphus Towns, a New York Democrat, and the panel's ranking Republican, Darrell Issa of California, had this to say about the committee’s investigation in a jointly filed news release:
“We are deeply concerned about the recall of popular pediatric medications widely used by infants and children across the country. When a recall of this nature occurs, it is our responsibility to bring attention to the issue as a public service and to fulfill our oversight responsibility by asking tough questions about the conditions of the manufacturing plant and controls put in place by the drug company’s management, and about whether FDA’s inspection and recall procedures were sufficient.”
Towns and Issa also noted in the news release that it is important to investigate the circumstances surrounding the recall due to the potentially adverse effects the products could have on children. According to the Washington Post, the recall affects an estimated 70 percent of the market for over-the-counter pediatric liquid medicines.
United Automobile Insurance Company (United) is being sued for unpaid claims. In a recent press release, United complained about the injustice of being sued for small sums. Brian LaBovick, Managing Shareholder of LaBovick & LaBovick, P.A., a Florida civil litigation firm, notes, “We are suing United for failing to properly pay medical providers small sums on many claims. The numbers add up to a staggering amount; and its all sitting in United’s bank account. Imagine how you would feel if every day your boss deducted $3.89 from your pay. It would be unfair. United deducted small sums from medical providers because they thought the providers would not sue for such small sums.”
Under the law medical providers must timely bill automobile insurance for treatment rendered to auto accident victims. The automobile insurance industry used the legislature to set the amount doctors and other medical providers are paid. The doctors understand that they are only paid the legally regulated amount. United Automobile is refusing to pay the regulated amount. They deduct some amount and make the decision not to pay the medical providers the amounts required by law. United knows that even though the doctor was paid the wrong amount the doctor is not permitted to sue United. First the doctor must send a special letter called a Demand to United.
The Demand warns United that they did not pay properly and it requests proper payment. United has an additional 30 days to pay the medical providers. If United refuses to properly pay the doctor’s bill then the doctor can sue United to force them to pay the proper amounts. How many times should a doctor or medical provider be denied proper payment by United before seeking help? How much is the “right amount” to be ripped off before a doctor sues? Should the doctor wait for 1000 under-paid charges? How much money is United permitted to deny the medical providers before the doctor or medical provider is justified in standing up for their rights!
United Automobile Insurance Company’s propaganda argues that being sued hundreds of times for small sums is unfair. They feel that small lawsuits are a drag on our court system. They say that the law firm which is bringing them to justice for improperly paying claims is “clogging” up the court system and “wasting” taxpayer money! But who is really “gaming” the legal system? United Automobile underpays hundreds if not thousands of claims. They are then sent Demand letters. They decide not pay the claims. They decide to refuse to settle the claim after reviewing the Demand letter. Now they are acting shocked that they are being sued.
Every day millions of people take the Florida Turnpike to work. Personally, I have a two-hour daily commute on the Florida Turnpike. I use a Sunpass to save time. A Sunpass helps drivers move through the toll lanes with no waiting. On Wednesday, Warren Thomas made his last and final drive on the Florida Turnpike. Thomas went through a Sunpass lane at Mile Marker 63 and tried to back up to get to a tollbooth where change is given. At the same time, a semitrailer truck fatally struck his minivan. He was taken by ambulance to Broward Medical Center where he later died.
Investigations are underway by the Florida Highway Patrol to determine what caused this fatal crash involving the minivan and the semitrailer truck. At this time it is not known whether Warren Thomas of Fort Lauderdale had a Sunpass. The truck driver, Orta Gerardo, 45, of Miami, wasn't hurt, According to the FHP.
The accident occurred before 6:00 AM Est., driver fatigue may have played a factor in this fatal accident. Reports indicate that over 750 deaths occur each year and over 20,000 injuries, due to driver fatigue by truck drivers operating commercial truck vehicles, according to the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). Tired and sleep drivers can be deadly drivers. Commercial truck drivers often drive long hours to make more money, many are sleep deprived to make the tight delivery deadlines often imposed by commercial trucking companies.
Nodding off or drifting into other lanes are two common signs of driver fatigue and sleep deprivation by a trucker. Inattentive and fatigued truckers often lead to rollovers, jackknifing and ineffective down-breaking, which can result in a fatal crash. Truck accidents often involve multi-vehicle accidents. Reports show that approximately 600 commercial truck drivers die each year in fatal highway truck accidents.
Click on the following link to read more from the Sun-Sentinel.
Toyota Motor Corporation (Toyota) has suffered another blow to its already tarnished safety record. Following a Consumer Reports “Don’t Buy” warning, the carmaker issued a temporary sales halt on April 14 for its 2010 Lexus GX 460 luxury sport-utility vehicle. Consumer Reports found the popular SUV to be a “safety risk” due to its susceptibility to flip over in certain situations.
Tests of the SUV by Consumer Reports found that the rear of the vehicle was prone to slide out during sharp turns or other emergency maneuvers, despite an electronic stability control system seemingly designed to prevent such occurrences. As a result, Consumer Reports found the SUV susceptible to potentially life threatening rollover accidents.
“We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death,” Consumer Reports noted on its Cars Blog about the situation. “As a result, we are urging consumers not to buy the GX 460 until the problem has been fixed.”
Julia Piscitelli, a spokesperson for a division of the Transportation Department, advised drivers of the Lexus GX 460 to "use care and caution. Drivers of all vehicles should avoid excessive speed and aggressive maneuvering in order to maintain control of their vehicles."
The Los Angeles Times reports that the National Highway Traffic Safety Administration is planning to review the findings of Consumer Reports.
In a unanimous decision, the Georgia Supreme Court voted to strike down the state’s cap on medical malpractice awards. The decision by Georgia’s top court bars the state legislature from limiting the amount of money juries can award to malpractice victims, and effectively eliminates a 2005 state tort reform law that capped jury malpractice awards at $350,000 for pain and suffering.
In its ruling, the Georgia Supreme Court found that predetermined award amounts in instances of medical malpractice are in violation of the state constitution. “The [trial] court held that the statute violates the Georgia Constitution by encroaching on the right to a jury trial, the governmental separation of powers, and the right to equal protection,” Chief Justice Hunstein stated in the Court’s ruling. “Based on our review of the record and the applicable law, we find that the noneconomic damages caps in OCGA § 51-13-1 violate the constitutional right to trial by jury.”
The high court’s decision pertained to the case Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al. In its decision, the court ruled to uphold a jury award of $1.265 million to 75-year-old Betty Nestlehutt, who, in 2006, had a face-lift operation that left her permanently disfigured. The Atlanta Journal-Constitution reports that after the surgery, Nestlehutt’s face was “covered with gaping wounds that required prolonged, excruciating treatments to keep them from becoming infected.” The state Supreme Court’s ruling prohibits any appeal by the defense.
Additional fines may be imposed against Toyota Motor Corporation (Toyota) , by U.S. safety regulators, for failure to promptly take action to fix the sticky accelerators. This would be in addition to the historic $16.4 million penalty imposed by the National Highway Traffic Safety Administration (NHTSA) on the automaker, April 5, that we discussed previously on the Injury Law Blog. The NHSTA noted that the fine would have been $13 billion if not for caps set by U.S. law.
Automakers are required by law to inform regulators about a safety defect within five days of its discovery. Toyota’s records indicate that the automaker issued repair notices for sticking accelerators in Europe and Canada in September, but waited until January to take action in the United States. The possibility of this new penalty comes in response to an ongoing review of Toyota’s documents by NHTSA that indicates there were two separate defects in the recalled pedals.
United States District Judge James V. Selna in Orange County, Calif. will handle the trial, including important pretrial decisions such as deciding what documents and materials Toyota will need to provide as evidence.
According to an investigative Associated Press article, Toyota has a reputation of withholding documents and using evasive legal tactics in previous product liability, personal injury and wrongful death cases. A prime example is a product liability case in Colorado involving a young girl s killed in a 4Runner rollover crash. Court records show that a federal judge ordered Toyota to produce documents about internal roof strength tests. Unfortunately, the jury ruled in favor of Toyota, since they were not privy to important documents that may have helped shape a different opinion.
A former Toyota attorney, Dimitrios Biller and Whistleblower, accuses the automaker of withholding evidence in former rollover cases. Rep. Edolphus Towns, D-N.Y., chairman of the House Oversight and Government Reform Committee, found many of Biller's claims to be substantiated after reviewing some of Biller's still-undisclosed records. It is important to note that Rep, Edolphus Towns, had to subpoena Biller's records.
Toyota now must decide whether to appeal the initial fine or not. According to NHTSA Chief Counsel O. Kevin Vincent,
"If Toyota will not agree to pay the demanded penalty, NHTSA will refer this matter to the U.S. Department of Justice with the recommendation that the Attorney General commence a civil action in federal court ."
It is hard to believe that the previous largest fine was against General Motors Company for only $1 million. Surprisingly, this fine was for not promptly recalling windshield wipers in vehicle model years 2002-2003. US regulators consider 2nd fine against Toyota – Reuters
U.S. District Court Judge Eldon Fallon of the Eastern District of Louisiana , awarded seven Virginia families $2.6 million in damages for homes ruined by sulfur-emitting drywall made in China, a decision that could affect how lawsuits by thousands of other U.S. homeowners are settled.
However, plaintiff's now have to figure out how to collect from Chinese companies that do not have to respond to U.S courts.
Several plaintiffs, mostly in Florida, Virginia, Mississippi, Alabama and Louisiana, have reported problems with the drywall, which was imported in large quantities during the housing boom and after a string of Gulf Coast hurricanes.
The drywall has been linked to corrosion of wiring, air conditioning units, computers, doorknobs and jewelry, along with possible health effects.
Based upon the Findings of Fact and Conclusions of Law, the Court finds that scientific, economic, and practicality concerns dictate that the proper remediation for the Plaintiff-intervenors is to remove all drywall in their homes, all items which have suffered corrosion as a result of the Chinese drywall, and all items which will be materially damaged in the process of removal.
Click on the following links to read more on the Chinese Drywall Verdict
A tractor-trailer owned by Alabama trucking company, Hester Inc., was involved in a horrific crash that killed 11 people in Kentucky. The driver of the commercial tractor-trailer, was carrying auto parts, when he crossed a highway median and slammed head on into a van filled with friends and small children en-route to a wedding. After the collision, the truck hit a rock wall and burst into flames, killing the driver.
The National Transportation Safety The National Transportation Safety Board has dispatched a six-person team to investigate Board dispatched a six-person team to investigate the Kentucky highway crash involving Hester Trucking, Inc. According to the Federal Motor Carrier Safety Administration, Hester Inc., a privately owned company, had no fatal accidents and one injury accident in the 24 months before the Kentucky accident.
Hester Inc is an interstate carrier with 30 drivers and 25 trucks. Records show that in 2008, they drove a total of 2.3 million miles carrying general freight, meat, produce and beverages. According to Federal records, 19 of the interstate carrier's drivers were taken off the road for violations from 167 driver inspections. This rate of 11.4 percent is higher than the national rate of 6.6 percent. Excessive driving hours, was the most common violation issued for Hester, Inc. Driving too many hours in a row or not taking required breaks accounted for approximately 166 (one-fourth) of the total violations for drivers..
Before crashing into the van, the tractor-trailer knocked down six cable barrier uprights and the four cables running through them. According to County officials, the cable barriers recently installed has helped prevent other crossover accidents. Mark Brown, a spokesman for the Kentucky Transportation Cabinet stated the following:
"The cable barriers weren’t designed to withstand a tractor-trailer. They have been very successful though in preventing crossover crashes where they are installed,”
Truck Crash Statistics for 2008, from the Department of Transportation and the Federal Motor Carrier Safety Administration.
In 2008, there were 365,000 police-reported crashes involving large trucks. One percent (3,733) of the truck related crashed had at least one fatality, and 18 percent (64,000) had at least one nonfatal injury.
The U.S. Department of Transportation (DOT) is seeking the maximum civil penalty of $16.375 million, against Toyota for failing to notify the government about its sticky accelerators in a prompt manner. This would be the the largest civil penalty ever assessed against an automaker by the agency. According to records, Toyota knew about the problem as early as late September 2009 when the problem was confirmed in Europe and Canada but waited until late January 2010 to recall 2.3 million cars in the U.S. for the same issue. This is unacceptable behavior for a company that prides itself on "quality, dependability and reliability".
U.S. DOT Secretary Ray LaHood stated the following on the Toyota issue
Automakers are required to provide the National Highway Traffic Safety Administration (NHTSA) with notification of a safety defect within five days of its discovery. Why did it take Toyota so long to inform U.S. officials and the American public about about the threat of sticky accelerator pedals on certain models? Were they testing the cars to be sure of the defect or was it corporate greed?
“We now have proof that Toyota failed to live up to its legal obligations. Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families. For those reasons, we are seeking the maximum penalty possible under current laws.”
At least 52 deaths have been linked to crashes allegedly caused by accelerator problems in Toyotas, according to government records. The sticky accelerator pedal recall involves the 2007-10 Camry, 2009-10 Corolla, 2009-10 Matrix, 2005-10 Avalon, 2010 Highlander and 2007-10 Tundra. The recalls have led to congressional hearings, a criminal investigation by federal prosecutors, dozens of lawsuits and an intense review by the Transportation Department.
Toyota has attributed the problem to sticking gas pedals and accelerators that can become jammed in floor mats, and has cited no evidence of an electrical problem. Toyota dealers have fixed 1.7 million vehicles under recall so far. Consumer groups have said electronics could be the culprit, and dozens of Toyota owners who had their cars fixed in the recall have complained of more problems with their vehicles surging forward unexpectedly
Toyota could face additional violations and further penalties, if more evidence is found in the ongoing investigations. Toyota must now decide whether it will contest the fine
The Safety Record of mine owner, Massey Energy Company is coming under fire after the recent tragic coal miner deaths at Upper Big Branch mine in West Virginia. Authorities are checking into whether the explosion on Monday could have been prevented, considering several recent evacuations from the mine because of high methane levels and the mine owner’s prior safety record, Rescue workers are currently removing explosive methane gas from the coal mine.
The Massey Energy Company, the biggest coal mining business in central Appalachia and the owner of the Upper Big Branch mine, is no stranger to scrutiny over its environmental and safety record. In 2008, Massey Energy Company paid a $20 million fine for clean water violations. This was the largest fine of its kind levied by the Environmental Protection Agency. Also in 2008, A Massey subsidiary paid what federal prosecutors called the largest settlement in the history of the coal industry after pleading guilty to safety violations that contributed to the deaths of two miners in a fire in one of its mines.
In March 2010, the Mine Safety and Health Administration cited the Upper Big Branch mine for 53 safety violations. The number of citations from 2009, more than doubled, to over 500, from 2008, and the penalties proposed against the mine more than tripled, to $897,325.
The cause of Monday's blast is under investigation. However, many ask the question how could a tragedy of this magnitude occur after such stricter Federal laws were put in effect after the 2006 mining disaster? Massey Energy and its chief executive, Don L. Blankenship, is under the spotlight. Could the company have prevented this recent tragedy with more safety precautions in place for employee safety? Investigations are underway and all eyes are on Massey Energy and the Virginia Upper Big Branch mine. Time will tell what was the cause of this tragedy and if it could have been prevented.
Today a panel of seven federal judges in San Diego must consider a locale for the cases filed against Toyota nationwide, and whether to consolidate the numerous proposed class-action lawsuits before the chosen court. The panel’s decision, expected within several weeks, would likely determine the eventual trial or settlement of the cases.
Some of the suits claim that Toyota was aware of the sudden acceleration problem but failed to inform consumers or the government. Others claim that Toyota is ignoring the real source of the problems: flawed electronics. According to National Public Radio (NPR), the suits each claim to be filed on behalf of some 6 million drivers. NPR also indicated that numerous other suits have been filed against Toyota, including wrongful death, personal injury, and claims of loss by investors due to decreases in stock value.
If the cases are consolidated and settled, Toyota could face damages up to $3 billion. According to Tim Howard, Northeastern University law professor,
"the class-action lawsuits filed against Toyota ranks as the largest automobile class action in the history of American law and the world.”
The New York Times reports that the judge of the chosen locale will make several important decisions, including “whether all Toyota owners affected by the recalls should be treated as a single class that could be paid for the vehicles’ lost value.”
Toyota is expected to request a dismissal of any single case.
Click on the following links to read more on the Toyota Lawsuit news.
The reliance on cell phones has led to an increase in talking on a cell phone while driving. The National Highway Traffic Safety Administration estimates that at any given moment of the day, 800,000 drivers of passenger vehicles are talking on handheld cell phones. Unfortunately, statistics show driving while talking or texting on a cell phone are two leading driver distractions that cause car accidents. According to a January 2010, report from the National Safety Council an estimated 1.6 million crashes (28 percent of all crashes) are caused each year by drivers talking on cell phones (1.4 million crashes) and texting (200,000 crashes) based on data from the NHTSA and peer reviewed research.
When a driver takes their eyes off the road to text a message, dial a number or becomes absorbed in a conversation, their ability to concentrate on the road is impaired and can cause an accident. Studies show that driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. Driver distractions accounted for 5,870 deaths and an estimated 515,000 personal injuries that involved police crash reports in 2008, according to the NHTSA.
Personal Injury and Employer Liability
Talking a cell phone for company business is a common event for many employees. However, an employer may be liable if an employee causes an accident while on the phone in the scope of doing business. A personal injury victim may be able to file suit against a driver/employee involved in a cell phone related accident and their company in the certain circumstances.
A few examples include:
The phone call pertained to business
The driver was performing company business on his or her cell phone while driving.
The accident happened because the driver was distracted by the phone call
The company provided the cell phone used by the driver/employee
A few prominent examples of personal injury suits involving cell phone use of employees while driving include the following:
A salesperson for lumber wholesaler Dyke Industries was driving and using a cell phone at the time of an accident that left a 78-year old woman severely disabled. The salesperson denied using the cell phone at the time of the accident; however, phone records showed otherwise. A jury held the employer, liable and awarded a $20.9 million verdict, that later settled for $16.2 million.
An employee for International Paper rear-ended another driver, while on her company cell phone. The plaintiff lost her arm because of the car accident. International Paper settled the personal injury suit for $5 million.
A teacher for the state of Hawaii struck a pedestrian tourist while talking on the cell phone. The plaintiff suffered a traumatic brain injury because of the car accident. The personal injury lawsuit settled for $1.5 million.
A stockbroker for investment banking firm Smith Barney, talking on the cell phone to a potential client, struck and killed a motorcyclist. Although the stockbroker was using his personal cell phone, the plaintiff argued that Smith Barney should be liable for not providing proper training to employees on cell phone safety issues. The wrongful death suit settled for $500,000.
Cell Phone Use while Driving Restrictions by State
Highway Safety and cutting down on driver distractions and cell phone use while driving is important to several states. Many states have cell phone use restrictions while driving. However, presently, no state completely bans all types of cell phone while driving. The Governor’s Highway Association sends the stern message of not to use cell phones or any electronic device while driving, regardless of the law.
Hand Held Cell Phones – As of March 2010, seven states require the use of a hands free device for drivers talking on a cell phone. The use of hand held cell phones while driving is banned in California, Connecticut, New Jersey, New York, Oregon, Utah and Washington, plus Washington, D.C and the Virgin Islands. These laws are primary enforcement, with the exception of Washington. This means that a driver may be cited for using a hand held cell phone without other traffic offense.
Millions of people in the United States suffer from some sort of traumatic brain injury (TBI), also referred to as a closed head injury, and may not even know it. TBI’s occur when the brain is subject to trauma. It is medically accepted that a person can suffer from a TBI even if not “knocked out” at the scene of an accident, do not suffer a skull fracture, and even if all diagnostic imaging tests are normal. TBI’s affect the way the brain processes information. The person suffering from a TBI may not be the best historian of their symptoms, and may not even believe they have an injury. Family and friends are usually in a better position to detect the signs and symptoms of TBI, as they are the ones that can see an objective change in the person’s behavior.
Some facts of a Traumatic Brain Injury (TBI):
A person does not need to be “knocked out” or unconscious to have sustained a TBI.
The ability to walk and talk at the scene of an accident does not rule out the possibility of a TBI.
The ability to drive home after an accident does not rule out the possibility of a TBI.
The fact a person is not diagnosed with a brain injury in the hospital, does not rule out the possibility of a TBI.
The fact there are normal neurological examinations, normal CT scans, X-rays or MRI’s, does not rule out the possibility of a TBI.
The main leading signs or symptoms of a Traumatic Brain Injury are: Headaches; memory problems; concentration and attention problems; personality change; difficulty organizing tasks; fatigue; inability to fall asleep or remain asleep; balance and stability problems; irritability, anger, frustration; speech and communication problems with the inability to find the right words to express yourself; depression.
If you observe any of the above noted signs or symptoms in a friend or loved one, it’s possible they are suffering from a Traumatic Brain Injury. It is important they seek immediate medical attention to correctly diagnosis if it is a Traumatic Brain Injury, and to get proper medical care and treatment..
How can Toyota have actual knowledge of their cars sticky accelerators, give wrong information to the United States National Highway Traffic Safety Administration, and NOT face criminal penalty?
Presently there is a Federal Grand Jury proceeding in New York, which is investigating the “timeliness of Toyota’s reporting of its sudden-acceleration complaints and fixes.” I am betting that the United States Attorney will open an investigation soon for criminal penalties against the company. Many innocent victims have died because Toyota hid the truth about safety issues.
Human lives are not to be counted on an actuarial chart and compared to the financial impact on a company before making a known defect public. When you are producing a dangerous product and putting it in the stream of commerce, you must correct know defects; otherwise, you are acting with reckless abandon in harming human life.
The very definition of manslaughter is the unlawful killing of a human being without premeditation or intent through gross negligence. The difference between this and actual murder is that murder requires actual malicious intent. Former Toytota counsel Dimitrios Biller said that Toyota had systematically disregarded the law. He said to CNN that the material he had reviewed was “very, very disturbing.” Toyota continues to fight the litigation requests to review their most important documents. They are also not permitting their old lawyer to say what he knows.
Hopefully, the public will not feel bad for Toyota because tough minded trial attorneys want to hold Toyota accountable for their reckless conduct.
Yesterday a Senior Female Driver, age 76 years old, was killed in a fatal car accident in West Palm Beach Florida. While driving, she lost control, and the car overturned and came to a rest on the shoulder. Our deepest sympathies go out to the family of the woman that died in this tragic accident.
In looking at traffic fatalities involving older drivers, we came across the following study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety, based on data from 1999-2004. From ages 75 to 84, the rate of about three deaths per 100 million miles driven is equal to the death rate of teenage drivers. For drivers 85 and older, the fatality rate skyrockets to nearly four times higher than that for teens drivers.
However, according to reports studies on traffic deaths from IHHS and the Department of Transportation studying traffic fatalities across the United States, there is a decline in fatal traffic accidents involving Senior drivers ages 70 and older. In 2008 there was a total of 4,268 traffic fatalities involving drivers ages 70 and older. This is a decrease from 2007 where the total number of traffic fatalities involving drivers ages 70 was a total of 4,631.
In continuation of our Series for Brain Injury Awareness Month, we take a look at Brain Injuries in the State of Florida.
In Florida, there are over 210,000 people living with a brain injury related disability. Traffic related Accidents account for the largest percentage of Brain Injures. The Department of Health in Florida publishes an Annual Report on The Brain and Spinal Cord Injury Program. This nationally recognized program is recognized as a leader for its coordinated statewide system of services. The program attributes its success to key strategic partnerships with the Brain Injury Association in Florida and the Florida Assistive Services and Technology. The Brain and Spinal Cord Injury program provides an annual detailed report to the legislature, per Florida Statute 381.74 (F.S.).
There is a critical need for more awareness on the dangers and proper treatment for Brain Injury patients. The Brain Injury lawyers of our firm have worked with several clients that have suffered a TBI in an accident. The toll that it takes on loved ones and the brain injury victim can be devastating. Our goal with the Brain Injury Awareness series is to make sure that public is aware of this critical issue. If the proper care and treatment is not given to a person that has experienced a brain injury can hinder or delay the recovery process. We encourage brain injury victims to see medical treatment immediately after an accident.
Listed below are Brain Injury Statistics in Florida FY 2009 and FY 2008 from The Annual Report on The Brain and Spinal Cord Injury Program published by the Department of Health.
The Louis Majesty of Louis Cruise Lines, carrying 1,350 passengers and 580 crew on board experienced a horrifying ordeal on Wednesday. A 26-foot wave crashed into the ship, smashing five windows in a public area. Unfortunately, two male passengers (one German and one Italian) were killed and at least 14 others were injured on the ship traveling on a 12-night Western Mediterranean cruise from Barcelona that included Spain, Spain, Genoa and Italy. The cruise ship turned around and headed back to port in Barcelona after being struck by the wave.
The Louis Majesty was off the off the French port of Marseilles when it was hit by "abnormal" waves, some more than 26 feet (9 meters) high, cruise line according to spokesman Michael Maratheftis. The public areas on the ship affected by the large waves that broke five windows were the - the forward part, or bow, of the 14-deck ship, owned and operated by the Greece based, Louis Cruise Lines.
Weather is reportedly to blame for the cause of the high waves, since winds were 45 mph, according to Buoy data off the French coast.
Louis Cruise Lines flew all passengers home on Thursday from Barcelona courtesy of the Cruise Line. The luxury cruise line has canceled the next cruise. The Louis Majesty will remain in Barcelona for repairs. March 14th is the scheduled date for cruises to resume on this vessel.
Click on the following links to read more on the tragic cruise ship incident off the French port of Marseilles:
Florida, being a no-fault state, means that each person’s respective PIP (Personal Injury Protection) insurance will pay for that person’s medical bills up to $10,000. We received the following question from a reader of the LaBovick InjuryLaw Blog:
Injury Law Blog Question: If the accident was the other driver’s fault, and the injured driver in the other vehicle was uninsured, will the at-fault insured be responsible for personal and property damages even though Florida is a no-fault state?
The answer to our reader’s comment is YES. Under general law in Florida, a person who is found at-fault in an accident is responsible for the other person’s damages that are caused. So, if the at-fault driver caused both personal and property damage, then the at-fault driver is responsible for that.
In recognition of Brain Injury Awareness Month 2010, we will discuss the various facets of Traumatic Brain Injury (TBI) throughout the month of March on the LaBovick Injury Law Blog. In addition, we will feature guest bloggers to share in the discussions. Topics will range from the causes of TBI, treatment to the costs and consequences of TBI, including many other issues involving TBI.
The Brain Injury Association of America defines Traumatic Brain Injury as a jolt or blow to the head o a penetrating injury to the head that disrupts normal brain function. TBIs can range from a short disruption in brain function or consciousness (a mild or moderate TBI), to a long-term period of amnesia or unconsciousness (a severe TBI). Although not all jolts or blows to the head cause a TBI, the effects of such an injury are often life-long and devastating.
According to the Brain Injury Association of America, 1.4 million people people sustain a TBI every year in the United States. To underscore the dangers of TBI, of this number, roughly 50,000 will die from their injuries. In addition, 235,000 will be hospitalized for either mild or severe brain injuries, and more than 1.1 million will receive treatment for head injury at emergency centers across the nation before being released.
Three teens were tragically killed by a train crossing a bridge in Melbourne, Florida. They were seen earlier taking pictures and joking around on a railroad that spans 200 feet over a creek. Unfortunately, they were not able to move out of the way fast enough as an oncoing train barreled down the tracks, According to an Associated Press article.
Reportedly, onlookers shouted for the teens to run or jump into the 20 feet creek of water below, sadly only one was able to jump out of the way safely. The train accident occured just before dusk on Saturday evening.
One can't help but ask the question why this tragic train accident occurred and how it could have been avoided? Pedestrians and drivers should exercise caution when crossing railroads. We encourage parents and teachers to discuss the importance of exercising caution at Railroad crossings, both as a driver and a pedestrian to students of all ages.
Driver safety educator and trainer for the National Safety Commission, Dave Herron, states the following in his articleon Railroad Safety Tips that unfortunately can apply to pedestrians as well:
"Drivers are still not getting the word that trying to outrace a train at a railroad crossing is a lose/lose proposition. 94% of the collisions and 87% of the fatalities at railroad crossings are caused by risky driving behavior or poor judgment on the part of the driver."
The Florida Department of Highway Safety and Motor Vehicles, reports that in 2008, Florida had 50 accidents at rail-road crossings between trains and cars or pedestrians that resulted in 12 deaths and 19 injuries. There were a total of 378 total injuries at rail-roads as a crash site location. The numbers are down 2007, where there were a total of 90 accidents at rail-road crossings involving trains and cars or pedestrians that resulted in 20 fatalities and 63 injuries.
Taking a look at pedetrian fatalities from 2008, Brevard County, the location of the train accident, reported 18 pedestrian fatalities. The top five counties in Florida ranked by pedestrian fatalities and injuries, includethe following:
Miami Dade: 66 pedestrian fatalities and 1466 Injuries
Broward : 51 pedestrian fatalities and 1005 Injuries
Hillborough: 47 pedestrian fatalities and 618 Injuries
Palm Beach: 32 pedestrian fatalities and 583 Injuries
Assume that there is a train on every track at all times, even tracks that are rarely used.
If there are two or more tracks, make sure there a train isn't coming in the other direction.
When stopping at a railroad crossing make sure you stop no less than 15 feet from the tracks.
Never cross a railroad track unless you are sure there is room on the other side for your vehicle to completely clear the tracks.
Don't shift gears while crossing a railroad track; it could cause your vehicle to stall.
If your car stalls on a railroad track, get out of the car immediately, clear the tracks and call 911 for help.
If a train is coming, run away from the tracks in the direction of the approaching train.
Never try to beat a train at a crossing or snake around the lowered crossing gates. Once the lights start to flash and the crossing gate arms go down, the train will appear in about 20 seconds.
Toyota owners, there is a new problem facing yet another popular Toyota brand, the Toyota Corolla. Driver complaints of power steering related problems are causing Toyota to consider a recall of the very popular subcompact Toyota Corolla.
This potential new recall may come in addition to the Toyota recall of approximately 8.5 million vehicles worldwide due to floor mat hazards, sticking gas pedals, and braking problems. Toyota has yet to disclose the vehicle model year(s) or regions that may be affected.
According to Toyota quality controls executive, Shinichi Sasaki, Corolla drivers may feel as if they were losing control of their ability to steer. Sasaki also mentioned that a link between the Corolla’s possible steering problems might involve the vehicle’s braking system or tires.
Word of this new issue comes on the heels of Toyota President Akio Toyoda’s statements regarding the forthcoming U.S. Congressional meeting. During a recent news conference, Mr. Toyoda stated that he does not plan to appear before the Congressional committee scheduled for February 24. Rather, he stated that he wanted to remain focused on improving the quality and image of his company on a global scale.
Toyota owners continue to address complaints to Federal safety officials about the potential problems. With approximately 100 reported complaints regarding the possible steering trouble, Toyota is poised to take yet another blow to its already tarnished image. When will this saga end?
In addition to decreases in the company’s image and stock value, news of this potential new recall, in conjunction with the other worldwide recalls, continues to draw legal woes for Toyota. According to the Financial Times, Toyota is facing a multitude of class action lawsuits in the United States that may cost the automaker billions of dollars. Experts estimate that more than 40 suits have been filed against Toyota under federal and state law. Claims reportedly involve wrongful death, personal injuries, property damage, and more.
Toyota is working to determine the source of the Corolla complaints and has not ruled out the possibility of issuing yet another recall. Toyota sold roughly 1.3 million Corollas worldwide in 2009, making it the best-selling car in the world.
To read more on Toyota's latest woes regarding the looming Toyota Corolla stering probe and possible recall, click on the following links to New York Times, CNN, Financial Times (Registration Required) and the WSJ Blog.
As though it could not get any worse for Toyota Motor Corp., a new report shows that two former Toyota regulators helped ward off four U.S. investigations of unintended acceleration by Toyota vehicles. This was uncovered in recent court and government records. Who can we trust to make sure that safety standards are being followed for consumer products, especially automobiles?
Two people at the heart of this new revelation are: Christopher Tinto, vice president of regulatory affairs in Toyota's Washington office, and Christopher Santucci, who works for Tinto. Allegedly, these individuals encouraged the National Highway Traffic Safety Administration to discontinue looking into 2002-2003 Toyota Camrys and Solaras, court documents show. The most alarming revelation is that Tinto ans Santucci were former NHTSA employees before joining Toyota.
Unfortunately, criticism of NHTSA and Toyota is pretty high right now, for the handling of defects in Toyota and Lexus models tied to 19 deaths between 2004 and 2009. Three congressional committees have scheduled hearings on the recalls Feb. 24 and Feb. 25. The Senate Commerce Committee plans a hearing March 2.
Joan Claybrook, an auto safety advocate and former NHTSA administrator in the Jimmy Carter administration stated the following: "Toyota bamboozled NHTSA or NHTSA was bamboozled by itself. I think there is going to be a lot of heat on NHTSA over this."
Toyota, the once media darling, is facing one of the largest scandals in the history of the automaker. Years of carefully building a stellar image are being diminished in one fell swoop, each day a new revelation is made in the fiasco over safety issues. The Toyota Motor Corp. stock closed today at 76.01, a continued downward spiral.
In an effort to promote safety, we encourage all Toyota owners to contact their local Toyota dealer to find out if their vehicle is a part of the recall. It will not hurt to take your car in to the shop, just to make sure. Safety and precaution go hand in hand. You can also contact Toyota directly to see if your car is on the list. However, taking your car to a local Toyota Dealer for a check-up to be sure, can only help improve your chances of being safe in your Toyota.
As though it could not get any worse for the world's largest automaker, Toyota Motor Corp., a new report shows that former Toyota regulators helped ward off four U.S. investigations of unintended acceleration by company vehicles. The surprising news is that this was uncovered in recent court and government records.
Two people at the heart of this revelaton are: Christopher Tinto, vice president of regulatory affairs in Toyota's Washington office, and Christopher Santucci, who works for Tinto. Allegedly, these individuals encouraged the National Highway Traffic Safety Administration to discontinue looking into 2002-2003 Toyota Camrys and Solaras, court documents show. The most alarming revelation is that Tinto ans Santucci were former NHTSA employees before joining Toyota.
The U.S. Food and Drug Administration (FDA) has given Bayer HealthCare Pharmaceuticals, Inc. (Bayer) multiple warnings regarding the marketing of its birth control YAZ (Yasmin). One of the most recent warnings came in April of 2009, in which the FDA warned Bayer that its Internet search engine sponsored links of YAZ and other drugs were in violation of federal regulations.
“Misleading because they make representations and/or suggestions about the efficacy of YAZ [and other drugs made or marketed by Bayer], but fail to communicate any risk information associated with the use of these drugs.”
The letter went on to state that the sponsored links for YAZ did not adequately communicate Yaz side effects, and failed to use the required established name of the drug. Because of the aforementioned reasons, the FDA found Bayer’s Internet marketing of YAZ to be in violation of the Federal Food, Drug, and Cosmetic Act in addition to FDA regulations.
It is important to note that the risk information associated with using YAZ excluded by Bayer in the sponsored links includes the possibility of:
Blood Clots
Deep Vein Thrombosis
Hypertension
Gallbladder Disease
Stroke
Heart Attack
Other Ailments
The FDA’s warning letter stated that Bayer’s omission of YAZ’s risk information is “particularly concerning” because the oral contraceptive has a Boxed Warning. According to the FDA:
“Drugs that have special problems, particularly ones that may lead to death or serious injury, may have this warning information displayed within a box in the prescribing information. This is often referred to as a ‘boxed’ or ‘black box’ warning.”
This warning from the FDA is just another troubling example of Bayer’s failure to communicate the risks associated with using YAZ. In addition to this warning, the FDA has found other facets of Bayer’s marketing campaign involving YAZ to be misleading, including several broadcast television advertisements released in 2008.
Because the makers of YAZ have repeatedly failed to communicate the risks associated with the oral contraceptive, you may be entitled to file a civil claim. As a YAZ-induced injury victim, you may be able to receive compensation for your medical costs, loss of wages, and more. If you have suffered any serious injuries as a result of taking Yaz, you may want to contact an experienced personal injury attorney to discuss your specific matter.
As pedestrian, Deborah McDonald, walked home from celebrating the arrival of her first check, a car struck and killed the Ohio Lottery winner. According to the Ohio Highway Patrol, the vehicle struck McDonald in the evening, as she walked along a road after leaving the bar.
The 47-year-old Crystal Rock, Ohio resident had reportedly spent some of the $5,520 check on wedding rings for herself and her husband shortly after receiving the winnings. Items the couple had been previously unable to afford. She had also treated her husband and some friends to dinner before heading to the bar to celebrate.
An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12.
Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.
According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.
McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians.
The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.
Car Accidents are never fun to be involved in, especially, a hit and run or when someone gets injured. Most people involved in an accident are shaken up afterwards, sometimes, just for the shock of the entire situation.
Yesterday, in West Palm Beach Florida, a driver of a Honda plowed into a Minivan, carrying a family of four. Due to being struck, the Minivan, crashed into another another car, with two passengers. According to a WPBF - ABC - Report, a baby in the Minivan was thrown from the car into the street. The first question in everyone's mind is: Is the baby going to be okay and how was the baby restrained in the car? All of the passengers were taken to the hospital and were in stable condition, with the exception of the baby, who was last reported to be in critical condition.
The driver of the Honda, reportedly ran and collapsed down the street. The police are investigating whether or not alcohol was involved.
(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.
On a positive note, data released last year for 2008 Florida traffic accident data show a positive trend on Florida's highways in the area of crashes and fatalities in Florida.
Traffic-related fatalities on Florida roadways decreased between in 2008 from 2007. The number of fatalities in 2008 were 2,983 and 3,221 in 2007.
Traffic related accidents and crashes on Florida roadways decreased in 2008 from 2007. The numbers for 2008 were 243,342 accidents and the numbers for 2007 were 256,206 accidents.
Traffic related accidents and crashes on Florida roadways involving alcohol decreased in 2008 from 2007. The numbers were 1,169 for 2008 and 1,244 for 2007.
Everyone understands that a car accident is never a fun experience for any party involved. However, it does not give the person at fault the right to run from their responsibilities. Bloggers for the Jacksonville law blawg:ForYourprotection.com, gave an excellent summary in a post regarding a DUI Florida Hit and Run accident that resulted in the death of a passenger, when they wrote the following:
"If you are involved in an auto wreck and you have been drinking, the absolute worst thing you can do is leave the scene. You will be caught and convicted, not to mention the moral duty you have to the person you have just injured. Stay and render aid and be helpful and figure your actions have finally caught up with you."
Lastly, if you are involved in a car accident, Stop, take a deep breath, and proceed to take the appropriate actions. It will all work out much better if you stay and address the situation instead of trying to avoid it. Strangely enough this holds true for many things.
Let's continue to make Florida's roadways safer by driving with care and following traffic laws.
As pedestrian, Deborah McDonald, walked home from celebrating the arrival of her first check, a car struck and killed the Ohio Lottery winner. According to the Ohio Highway Patrol, the vehicle struck McDonald in the evening, as she walked along a road after leaving the bar.
The 47-year-old Crystal Rock, Ohioresident had reportedly spent some of the $5,520 check on wedding rings for herself and her husband shortly after receiving the winnings. Items the couple had been previously unable to afford. She had also treated her husband and some friends to dinner before heading to the bar to celebrate.
An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12.
Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.
According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.
McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians.
The number of deaths involving pedestrians in Florida decreased, however, the number of injured pedestrians injured and pedesrtians in crashes saw an increase over 2007.
2008 Florida Pedestrian statistics from the NHTSA related to car accidents:
Pedestrians Killed 502
Pedestrians Injured 7,878
Pedestrian Crashes 8,471
2007 Florida Pedestrian statistics
Pedestrians Killed 530
Pedestrians Injured 7,529
Pedestrian Crashes 8,139
The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.
Commercial Drivers, including truckers and bus drivers, beware, texting while driving is now illegal, according to a new Federal ban. If you need to send a message while driving, pull over safely and send or read your text, if not, you can face serious charges and fines up to $2750.
Ray LaHood, Secretary of the U.S. Department of Transportation (DOT), announced a Federal ban on texting for the drivers of large commercial vehicles on Tuesday, Jan. 26. Effective immediately, this ban prohibits the operators of vehicles regulated by Federal law, including tractor-trailers and large commercial buses, from sending and/or receiving text messages while driving. The texting ban is a step in the DOT’s comprehensive plan to combat the dangers of distracted driving.
According to the Federal Motor Carrier Safety Administration (FMCSA), on average, drivers who send and receive messages are distracted 4.6 out of every 6 seconds while texting. This means that operators, travelling at 55 miles per hour, will drive the full length of a football field without looking up from their phone. In fact, drivers distracted by texting are more than 20 times likely to be involved in a crash than non-distracted drivers.
Violations of this new Federal ban subjects commercial vehicle drivers to civil and/or criminal penalties of up to $2,750. This ban stems from the Distracted Driving Summit held in September 2009 in Washington, D.C. In addition to text ban, the DOT and other government agencies are reported to be working on further regulatory measures to decrease distracted driving.
“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” Secretary LaHood said. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”
Attention all readers, this is a very important blog post. If you are a Toyota driver or know someone that is, please read and share this important information. It could help save your life or the life of a loved one.
The Toyota Motor Corp. has announced that it will recall 3.8 million vehicles in the United States, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. The recall affects Toyota models from 2004 – 2010. Specific models affected include 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.
Toyota is working with National Highway Traffic Safety Administration to find a solution to the problem. In the meantime, drivers of the named vehicles should immediately remove the mat from the driver’ side and not replace it, until further notified.
According to a Toyota spokesperson in published reports "A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death.
There have been reportedly 102 incidents where the accelerator may have become stuck on the Toyota vehicles involved, according to the NHTSA. However, it is unclear how many have led to crashes.
Transportation Secretary Ray LaHood issued the following statement “For everyone's sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration."
Toyota has warned owners that if they think their vehicle is accelerating out of control, they should check to see whether their floor mat is under the pedal. If a driver can't remove the floor mat, Toyota advises drivers to step on the brake pedal with both feet until the vehicle slows and then try to put it into neutral and switch the ignition to accessory power.
Unfortunately, this recall comes too late for California Highway Patrol Officer Mark Saylor. In August, Officer Saylor and three others were killed in a fatal car accident involving the crash of a 2009 Lexus ES 350 and a Sport Utility Vehicle. Reportedly, one of the family members called the police minutes before the crash to report the accelerator was stuck and that the car had no brakes. The Officer’s car hit the SUV, rolled several times and burst into flames. Reports from the NHTSA investigators determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal.
This morning, I removed the driver’s side mat from my Toyota Camry and recommend that all Toyota owners of the above mentioned vehicles do the same. If you have questions or want more information, please contact, the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.
Driver distraction caused the deaths of nearly 6,000 people and the injuries of 500,000 people last year according to new government reports on auto safety. There is a correlation of using mobile devices while driving. This includes texting while driving and talking on the cell.
Transportation officials recently released a report that showed driver distraction being involved in 16 percent of all fatal crashes in 2008. The Transportation report shows that 515,000 people were injured and 5,870 people were killed last year, with driver distraction being involved in the accident.
The Transportation Secretary Ray LaHood, government officials, safety advocates, researchers and lawmakers are coming together this week to discuss ways of setting new restrictions on texting and using devices while driving. Young adults involved car accidents where they were texting while driving are also involved in the safety discussions. New data supports that 16 percent of all under-20 drivers involved in fatal car accidents were distracted while driving.
Every day, people text and drive, even in places where it's outlawed. According to Secretary LaHood "We feel a very strong obligation to point to incidents where people have been killed or where serious injury has occurred.”
Earlier this year, the Virginia Tech Transportation Institute found that collision risks were 23 times greater when drivers of heavy trucks texted while driving. Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks. The popular magazine Car and Driver released a report that showed texting and driving to be more dangerous than driving while intoxicated. This report obviously has caused a lot of controversy and discussions among safety advocates.
Some groups want tough laws on the distractions and are asking for restrictions on talking and texting by drivers of tractor trailers, motor coaches and large vans.
Automobile Manufacturers and the Governors Highway Safety Association are on the same page in support of restrictions for texting while driving. Surprisingly, 11 automakers have come together on a united front with the Alliance for Automobile Manufacturers to support this important issue of auto safety and the use of handheld devices.
The Cellular Telephone Industry Association (CTIA) believes that education and enforcement are critical to changing the behavior of drivers. A series of public Service Announcements warning teen drivers of the dangers on distracted driving will be paid for by the National Safety Council and CTIA in an effort to promote safe driving.
We encourage all of our readers to exercise caution and to use judgment when driving and using a cell phone. Texting while driving is dangerous and increases your risk of an accident.
Gadolinium-based contrast agent (GBCA) enables medical specialists to get a clearer picture of abnormal body tissues during the course of an MRI. Gadolinium is a type of metallic ion that moves differently from others in a magnetic field, thus making it an excellent diagnostic aid, but it comes with a huge risk for some patients.
Patients with advanced kidney failure who cannot excrete the chelated form of gadolinium fast enough, nephrogenic systemic fibrosis (NSF) may result. An additional risk factor is acidosis, elevated acid levels in body fluids, a condition often found in end-stage renal patients.
Patients who undergo angioscopic diagnostic procedures may be exposed to up to three times the usual amount of gadolinium. Cardiac patients often have renal insufficiencies due to prolonged elevations in blood pressure. Those most at risk of developing gadolinium NSF are those who have acute or chronic renal insufficiency, often part of the pre-operative stages of a liver transplant.
First noticed in 1997, gadolinium NSF is characterized by a thickening and hardening of skin and connective tissues. Thickened and inflexible skin can interfere with the range of movement in extremities, sometimes resulting in an inability to walk. Internal organs and connective tissue can be seriously damaged, impinging on the function of organs or restricting the movement of areas like the diaphragm, key in the breathing mechanism. Damage may begin appearing within two days to 18 months. Extensive organ damage may result in death.
The first strong association between the use of GBCA and NSF was described in a Danish Medicines Agency press release in May 2006.
In 2007, Yale University’s Dr. Phillip Kuo, MD, PhD, a world-renowned expert on NSF, and his colleagues began recommending hemodialysis of kidney patients with a few hours of undergoing a gadolinium-assisted MRI procedure. Kuo recommended at least two sessions of hemodialysis with the first 24 hours of this particular diagnostic test. In subsequent reports, a renal transplant was shown to arrest or even partially reverse the ravages of NSF.
In order to alert physicians to the hazards associated with gadolinium, the U.S. Food and Drug Administration began asking manufacturers in 2009 to include warnings on their gadolinium-based product labels.
In Personal Injury, one of the common areas for concern is that of defective products and products liability. In most instances, a product that poses harm or danger for its intended use is classified a a defective product.
Liability for defective products can include, those who have actually caused the defect to be held liable for their actions. Persons who can bring the claim or file a product liability lawsuit, include the purchasers of the product and also those that were given the product.
Common types of Product Defects include:
"Marketing Defects," such as missing or inadequate warnings and/or instructions, which may prevent the consumer from knowing how to safely use the product. A good current example of this is the Birth Control Pill YAZ or Yasmin.
• "Design Defects," where the product is manufactured exactly as intended, but the product itself is deemed unreasonably dangerous when used as intended or in a foreseeable manner. A good example of this is the Ford Pinto from the 70's.
• "Manufacturing Defects," when a particular version of a product is defective and does not conform to the manufacturer's design due to some error in the manufacturing process.
Negligence is an area that looks at several scenarios including the following:
• Exercise of reasonable care in making sure the product would not cause injury if used properly. ;
• Design, Marketing, and/or Manufacturing that attributed to the defect of the product; and
• Direct and proximate cause of the defect/breach of duty,that injured the claimant.
A Strict Liability claim involves asking the claimant Is show that the product was unreasonably dangerous for its intended use. Also, it is usually required to show that the defect existed at the time the product left the control of the defendant against whom liability is sought, which caused the injury.
Damages are seen as an effective measure to force a manufacturers to make safe products in the beginning. In most instances, an injured party is entitled to recover damages for the lass suffered due to the injury caused by the defective product. Sometimes, a victim may be able to receive punitive damages to discourage the guilty party from doing something like this in the future.
First Quarter 2009 Traffic Fatalities Project Continue Record Trend decrease
While a weak economy, staggering gas prices, and high unemployment rates across the country may seem to have only negative connotations, there may be some positives that arise out of these dire situations. With people choosing “staycations” over vacations, workers choosing to carpool to the office rather than drive solo, and people more frequently utilizing public transportation, Americans may be driving fewer miles than in years past. With the overall number of vehicle miles traveled on the decline, some of the serious problems gripping the nation could be just a few of the reasons that passenger car fatalities have dropped for the sixth straight year while small truck fatalities have dropped for the third straight year. This helps to account for fewer overall deaths on the country’s roadways than in years past.
The U.S. Department of Transportation reports that in 2008 the country experienced the lowest number of traffic related fatalities since 1961. This trend continued into 2009 as the reported number of motor vehicle related deaths during January, February and March of 2009 decreased from the previous year. These decreases may also be linked to stricter seatbelt enforcement, safer roads, and a reduction in the number of impaired drivers on the roads as well as the economy. Unfortunately, the number of motorcycle related traffic fatalities has been on the rise.
In 2008, of the 2,978 traffic fatalities reported in Florida, 1,727 of these fatalities were the result of auto accidents. Passenger car accident deaths accounted for 1,727 auto accident fatalities or 33 percent of total traffic fatalities. Other types of auto accidents include truck accidents, vans, and buses. These various types of auto accidents and car accidents account for 60 percent of all traffic related fatalities in Florida. Motorcycle Accidents, pedestrian accidents, bicycle accidents help make up the remaining 40 percent of traffic related deaths.
Statistics for the years 2004-2008 for the state of Florida indicate that the state’s number of traffic fatalities is higher than those reported nationally. For example, in 2008 there were approximately 6 fatalities per 100,000 people in Florida, and in the U.S. there were approximately 12 fatalities per 100,000 people. Furthermore, Florida usually reports a higher number of vehicle miles traveled during the year than the nation as a whole. This could be one contributing factor that could account for Florida’s higher traffic fatality rates.
Seatbelts Save Lives.... Click it or Ticket... As of June 30, 2009, the Florida Seatbelt law is in full force. Since the Dori Slosberg and Katie Marchetti Safety Belt Law went in effect, the Florida Highway Patrol has written 16,168 in July. This is the first full month that enforcement has been in place. This is quite a bit more than the 6,475 seatbelt violations issued in July 2008.
The Virginia Tech Transportation Institute, recently completed a study on the dangers of texting while driving exceeds previous estimates is more dangerous than other driving distractions.
The new study, studied 100 truckers over an 18 month period. A video camera was installed in each cab to monitor texting and cell phone use. Truck accidents increased significantly when the trucker was texting. The collision risk was 23 times greater than when not texting.
It took only four to five seconds for a driver to look away from the road for the truck accident to occur.
We hope that you have a Happy and safe Fourth of July this year.
In an effort to promote Consumer Safety we would like to share a few important facts and safety tips for handling Fireworks from the CPSC:
Read and follow all warnings and instructions
Never allow children to play with or ignite fireworks
Keep other people are out of range before lighting fireworks.
Only light fireworks on a smooth, flat surface away from the house, dry leaves, and flammable materials.
Never try to relight fireworks that have not fully functioned.
Keep a bucket of water in case of a malfunction or fire.
The National Fire Protection Association cites the following statistics:
In 2008, across the country 7,000 people were treated for fireworks-related injuries. 40 percent of the injuries involved kids.
Over half of the injuries were burns to the arms, legs and hands.
One out of five of the injuries nvolved hot debris hitting people's eyes.
Palm Beach County, Deputy Fire Marshall, Jeff Collins sums it up perfectly in a recent interview with the Sun Sentinel:
"Your best bet is to let the professionals handle the fireworks".
The end of school signals the beginning of summer and the time of the year when many young, inexperienced teenaged drivers will be on the roadways. Whether these minor drivers are heading to their part-time jobs or out for a day of fun in the sun, the number of teen drivers on the roads during the summer months increases significantly. Because of their inexperience and risky behaviors behind the wheel, teen drivers are often the victims of devastating car crashes. Even though teen drivers only represent approximately 7 percent of the driving population, teen drivers account for approximately 14 percent of all traffic-related fatalities. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death among teens in the United States.
While teenagers may be inexperienced drivers, this fact does not imply that all teens are unsafe drivers. Teenaged drivers simply need to be more aware of their surroundings and take extra precautions while on the road. Teen drivers should avoid distractions while driving, such as changing the radio, texting while driving, or having too many passengers in the car. Because many accidents involving teens occur at night, teen drivers should safeguard against accidents by paying close attention to all traffic laws, being aware of other drivers, and being free of distractions. Car crashes involving teens not only affect the teens involved in the crash but their families, employers, and society in general. According to studies conducted by the American Automobile Association (AAA), the cost of teen car crashes in 2008 was more than $34 billion for medical bills, property damage, and other related expenses.
In 2003, Florida was ranked number 4 among the 50 states with the worst teen fatal crash rate. In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida. The CDC reports that more than half of all teen car accidents occur on weekends (Friday, Saturday, and Sunday), and approximately half of all teen accidents occur between 3pm and midnight. However, teens do not have to become a statistic over the summer months. By using good judgment and making mature decisions, teens can safely enjoy their summer and their time behind the wheel. Teens should make sure they drive the speed limit, do not drink and drive, do not ride with someone that has been drinking, wear their seatbelt at all times, and limit the number of passengers in their vehicle. By following some simple driving rules and safety regulations, teens may save their lives as well as the lives of others.
Parents have a talk with your teen about driving safety. Take a look at the following list of suggested topics to include in the conversation:
Suggested Safety Rules for Teen Drivers - provided by the NHTSA
Alcohol: Absolutely No Alcohol (No exceptions)
Seat belts: Always Buckle Up! - (In Florida, it is the law June 30th)
Cell phone/texting: No talking or texting while driving (Set an example and use a headset)
Curfew: Have the Car in the Driveway by 10 p.m. (depending upon circumstances)
Passengers: No more than one at all times (this simple rule has saved many lives)
Graduated Drivers License: Follow your state's GDL law
Parental Responsibility: Set your house rules and consequences
Two teens leaving Seminole Ridge High School were injured by a vehicle while crossing the very busy Seminole Pratt Whitney Road. The students used the crosswalk to cross the road, but unfortunately, were not protected from being injured by a car traveling northbound on Seminole Pratt Whitney Road.
According to reports, the police is investigating the accident. Several parents are outraged that more is not being done to protect the safety of student pedestrians crossing Seminole Pratt Road. There are two crosswalks on this road, Seminole Ridge Road Cross walk and Sycamore Road crosswalk. But are they effective in making it safe for student pedestrians crossing Seminole Pratt Whitney Road?
The Seminole Ridge crosswalk encourages student pedestrians to cross the highway into an area where there is no sidewalk on the other side.It is dangerous that a student pedestrian must walk several hundred yards on the side of a busy road, before reaching a sidewalk. Some detractors say, "But there is a sidewalk on the other side of the street." However, there is no crosswalk to help pedestrians cross over safely to the other side. Is it safe for a pedestrian to run across busy traffic with no crosswalk?
Governor Charlie Crist signed the Pedestrian Safety Bill (S.B. 154) into law in May 2008, which requires drivers to stop when pedestrian is in the crosswalk. In addition, the Pedestrian Safety Bill (SB 154) amends sections 316.075 & 316.130 of the Florida Statutes and says, “The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”
Since Seminole Ridge is a High School, it does not qualify for a crossing guard or blinking school zone sign, according to the Palm Beach School District. Should there be an exception, since the speed limit is 45 mph on Seminole Pratt Road and nearly 40 of the 100 accidents on Seminole Pratt Whitney Road have occurred in front of Seminole Ridge High School, since 2007.
What will it take for the safety of students crossing this busy intersection to be put first? Many concerned parents and citizens have asked this question. The blame game and excuses are no longer acceptable and something must be done now.
Concerned citizens and parents are working on ways to make it safer for Seminole Ridge High students crossing Seminole Pratt Whitney Road before and after school. It should not take the death of a student to make crossing Seminole Pratt Whitney Road safer for student pedestrians.
A new report shows that highway deaths in 2008 dropped from previous years. According to the National Highway Traffic Safety Administration, NHTSA, 37,313 people died in motor vehicle traffic crashes last year. This happens to be 9.1 percent fewer deaths than in 2007, which had 41,059 traffic deaths. It is important to note that this is the lowest number of traffic deaths since 1961, when there were 36,285 deaths.
The high gasoline price tag of $4 gallon and fewer miles driven is only one side of the equation. Effective measures like enforcement of drunken driving laws and the work of advocacy groups, such as the Dori Slosberg Foundation, that encourage safer driving habits, also contribute to the decrease of traffic related deaths and awareness of highway safety.
In addition, increased seat-belt use and states promoting seat-belt usage through law enforcement helps promote highway safety. Currently there are 27 states with a primary mandatory seat-belt law. Arkansas is the most recent state to approve legislation of primary enforcement of the safety belt use law. In Florida, there is only a primary seat belt use law for children under 18, effective since 2005.
We encourage all drivers to use caution when driving on the highway. Always use a seat belt and limit the amount of distractions when behind the wheel, such as texting or talking on the phone while driving.
Leave the need for speed to the actors and Hollywood production crews that create Box office blockbusters, "Fast and Furious".
The December 2008 crash of Continental Flight 1404 at Denver International Airport that carried 110 passengers and injured 38 people is causing more grief for Boeing and Continental Airlines. They are being sued by separate groups of passengers over safety and negligence issues.
In the Boeing lawsuit, four Plaintiffs accuse the Boeing Co. of negligently designing and and manufacturing airplane parts, such as "directional control mechanisms." They contend that because of the defective parts, it was difficult for pilots to navigate properly taking off in high crosswinds.
In the Continental Airlines lawsuit, the Plaintiffs allege that Continental negligently failed to "exercise the highest degree of care in operating the aircraft" and "maintaining control of the aircraft". The lawsuit represents eight Plaintiffs and is "Melissa Craft, et al., v. Continental Airlines, Inc., et al.," in the District Court of Harris County, Texas, 129th Judicial District, Cause No. 2009-01917.
Unfortunately, the December 2008 crash is not the only recent crash for Continental Airlines. The February 12, 2009 fatal crash of Continental Connection Flight 3407, marked the tragic loss of 49 passengers, plus an additional person on the ground.
According to a report on Reuters, there have been four major fatal airline crashes, including the most recent February crash, since the 2001 September 11th hijackings. They include the following:
November 2001 - American Airlines Flight 587, an Airbus A-300, that crashed in New York, killing 260 passengers and five persons on the ground.
January 8, 2003 - Air Midwest flight 5481, operating as a US Airways Express flight, that crashed shortly after leaving Charlotte/Douglas Airport in North Carolina. There were 19 passengers killed in this crash.
August 27, 2006 - A Comair commuter flight crashed shortly after taking off from Lexington, Kentucky Airport, killing 49 passengers on board. One passenger survived this crash.
How sad is it that the heart leads are failing and injured people have no legal recourse at this time?
Take a look at the latest information, just released on Medtronic Inc. Sprint Fidelis defibrillator leads. The WSJ reported that over 200,000 heart patients world wide are at risk due to the Sprint Fidelis leads. According to leading Cardiologists Robert Hauser and David Hayes, the risk increases as the implanted wires age.
A Fresno woman's severe brain injury was a big deciding factor in the large monetary award her family received by the Jury. $10.5 million was awarded to Maria Blanca Lopez and her family, one of the largest monetary judgments ever assigned in Fresno County case of drunken driving.
June 9, 2007 was the day J. C. Ramirez, an employee of the Disabled American Veterans (DAV) Charities of Central California, chose to drive drunk. He was driving a dump truck used by the organization when he ran a stop sign at the corner of Church and Valentine. The truck, weighing 20,000 pounds, was traveling at 25 to 30 miles per hour when it struck and broadsides Lopez.
Ramirez plead guilty, in an earlier court appearance, to charges of driving drunk. Ramirez was evidently drunk when he arrived at work on June 9th. He was allowed to operate the truck regardless of alcohol consumption.
The jury assigned DAV Charities the responsibility of $4 million in medical expenses covering past as well as future events. They awarded an additional $6.5 million to the family for pain and suffering equated with the injuries Lopez will live with for the rest of her life. This is such a tregedy all the way around, since the DAV Charities was found responsible and had to pay this huge award.
According to a list on MSN of “The Drunkest Cities” in the U.S. Fresno, CA ranks in the top ten at number 93. Number 100, Denver, Co. ranks as the drunkest city. Other cities listed as failing are Colorado Springs, Austin, Fargo, Anchorage and Omaha. They compiled data from an article written by the editor's of Men's Health.
At the Injury Law Blog, we encourage readers not to drink and drive. If you see friends or others attempting to get behind the wheel while intoxicated, call them a cab. There are several services that provide intoxicated drivers free rides home, in an attempt to cut down on drunk driving accidents. If everyone reaches out to prevent driving while intoxicated, we can make a difference in the drunk driving car accident statistics.
Interesting news today on the Pharma front. The FDA has issued orders that the "old faithful" painkiller Darvocet should be withdrawn off the market. This drug is somewhat of a household medicine cabinet staple, with over 20 million prescriptions in 2007 alone. A review panel narrowly approved this measure to withdraw this drug with a vote of 14-12. It makes one wonder after 50 years why is this drug getting the attention of the FDA. The Consumer Watch Dog Group, Public Citizen, may have something to do with this recent interest. Last year, in June 2008, the Public Citizen Group filed a lawsuit against the FDA over Darvon, Darvocet and all drugs containing propoxyphene , since it has been banned in the United Kingdom, since 2005. The group brought this revelation to the FDA's attention as far back as 2006. What took the Agency so long to act?
We are delighted that someone in the FDA is finally paying attention to reports from non-biased organizations, such as the Florida Medical Examiners. There is data from the reporting system of the Florida Medical Examiners that show reports from 85 people out of 341 dying with the Darvon drug in their system. It is important to note that all 341 deaths were classified as drug related causes.
Fierce Pharma states that there were 1,452 deaths associated with propoxyphene from 1957 through September 2008.
All employees have rights to a safe environment while working. This includes construction workers. A Florida construction worker from Brevard County, was awarded a $76 million judgment this week, in a case involving an on the job fall back in 2003 at a construction site.
The construction worker is now a complete quadriplegic and is paralyzed as a result of the accident. Some may feel that the Jury's verdict is excessive; hence the Defense is appealing the verdict.
The Jury sent a strong message to the Construction Industry that they must provide a safe environment for their workers, otherwise, they will be held accountable for On the Job injuries.
A common topic that we are asked to explain to clients in our Florida law office is the Florida Law on PIP. There are several misconceptions out there on what PIP covers. This blog post will go over the ABC's of Florida Personal Injury Protection Insurance.
PIP is a guaranteed health insurance policy for a person who is injured in an automobile accident. When a person is injured in an automobile accident if they do not have regular health insurance, but they have PIP insurance, they are guaranteed $10,000 of health insurance less what ever deductible they have chosen. In other words, the person injured is guaranteed $10,000 worth of health benefits. If they have a $1,000 deductible for example, the first $1,000 of medical bills is their responsibility.
PIP pays 80% of your reasonable and necessary medical bills. The PIP law just changed, so there are Medicare fee schedules that PIP pays 80% of those schedules. For example, if there is a charge for $100, Medicare's fee schedule would be $80. Eighty percent of the first bill would get applied to the deductible. When the deductible is met, PIP then pays 80% of those next bills, up to $10,000. One of the benefits of PIP is that it gives the injured person in an accident, $10,000 of insurance for their medical bills. It is also the law in Florida as the minimum requirement to operate a vehicle. In the State of Florida, you must have PIP and Property damage insurance.
Is it always the $10,000 limit?
Yes. I have seen on occasion, extended PIP, but those would be associated with out of state policies. I have not seen extended PIP on a Florida policy.
What is the deductible for PIP?
You can manipulate your deductible, meaning you have options too choose from, which includes: no deductible, $500 deductible or $1,000 deductible.
On Independence Day we reflect and remember the people who paved the way for Americans to have the right to life, liberty and the pursuit of happiness. Let's not forget about the sacrifices that were made for our gift of freedom.
Remember that freedom is a delicate balance. Throughout history, societies have given up their freedom to dictators. Our right to free speech, to assemble and most importantly to vote, is the guarantor of that freedom. Exercise your rights and remember to vote. Don't limit your vote to the presidential election. Vote in all the primary elections. Your community and your country deserve your participation. I have provided a link to several Florida Voters Registration Sites and Florida Supervisor of Elections websites at the end of this blog post.
As you celebrate today, we encourage you to be safe. According to reports, there were nearly, 10,000 injuries in 2007 related to fireworks. In Florida, reports claim 137 fires were started due to fireworks. Injuries and fires that are caused from using fireworks can be prevented, if people are cautious and pay attention to what they are doing. As a parent of three young children, I was surprised to learn that Sparklers have caused more injuries to children under age five than any other type of fireworks. The Consumer Product Safety Commission states that Sparklers burn at temperatures hot enough to melt some metals. If you are a parent or happen to see children handling Sparklers, make sure they are over the age of 12 and are doing so with Adult Supervision.
If you are purchasing fireworks, be sure that you are buying consumer fireworks from a licensed store or stand. The Consumer Product Safety Commission has safety warnings on legal fireworks packaging. Look for the CPSC label and read the warnings.
Preemption is a huge issue for the average American and I wonder if the public is paying attention. Last week as reported in the LaBovick Injury Law Blog, Congress had a hearing to discuss the issue of preemption. On all accounts, it appears to have been a success. One of the key speakers, Actor Dennis Quaid, discussed his experience with the drug Heparin, which almost killed his twin newborns. His testimony was so moving that even a total tort reformer, like Rep. Tom Davis, was moved to state that if "this had been my kids, I'd be suing everyone in sight. This should not happen."
The public does not seem to get the fact that this is a HUGE separation of powers issue. The right to sue is part of our JUDICIAL system. It is the way America, as a society, permits the common man to address problems he may have with other people including corporations and even our government. The Judicial system replaced the rule of Hammurabi, which was an eye for an eye. We also have a Legislative Branch, which makes the rules, and an Administrative Branch that applies the rules and keeps order (police, fire, army, road crews, etc). We can not allow the Administrative Branch to take away our right to access to the judicial branch. It messes up the balance of our government and our entire social makeup! Do you know how deeply this harms our system of government? I know it feels innocent and easy on the surface, however the implications of a dictatorship rule is scary!
Click here to read the testimony of key witnesses and Chairman Waxman's Opening Statement addressing the legal liability of manufacturers that produce dangerous drugs and medical devices before the Committee on Government Oversight and Reform.
Are Carnival rides safe? This is the question that is being asked by many people in charge of investigating the most recent Carnival ride accident that occurred in California on May 16th. Unfortunately it involves the Yo-Yo carnival ride, that collapsed shortly after 6 p.m. on May 16th about 80 miles southeast of Sacramento, at the Calaveras County Fair and Jumping Frog Jubilee. According to reports on Ride Accidents.com appx. 24 people were injured and taken to local hospitals. The carnival portion of the Calaveras County Fair and Jumping Frog Jubilee closed for the evening, but the other parts of the fair grounds remained opened. KCRA News from Sacramento reported live shortly after the accident happed.
According to a quote from the owner of the Carnival Yo-Yo Ride, Mr. Harry Mason of Brass Ring Amusements/Midway of Fun, in a San Francisco Chronicle article, it was not yet clear what caused the steel arms of the popular Yo-Yo ride to collapse.
How can innocent thrill seekers protect themselves while enjoying amusement park fun? The non profit organization,Safer Parks has put together a top 10 list of safety tips for parents and patrons of carnivals and themeparks:
Top 10 Safety Tips for parents
1. Be a cautious consumer when choosing amusement rides.
2. Watch the ride with your child before boarding.
3. Always obey minimum height, age, weight, and health restrictions.
4. Don't put children on rides they're afraid of.
5. Follow any special instructions about seating order or loading.
6. Always use the safety equipment provided, but be aware of its limitations.
7. Watch all extremities - including feet if the ride has open sides.
8. Teach small children what to do if they get separated from you.
9. Trust your gut - don't abdicate your parental responsibility or judgment to any business.
10. Remember that amusement rides aren't really magic.
Warning: Use caution and care when riding on Carnival and themepark rides. This is the best way to prevent injuries apart from not riding all together.
Consumers beware... Your right to hold a company liable for injuries caused by products may be at risk if the Bush Administration is successful in using federal regulation to address this issue.
Limits on lawsuits have been ordered or proposed for drug labeling and packaging — one major issue that received widespread media attention was a case involving actor Dennis Quaid's newborn twins, other issues being discussed include mattress flammability standards, school bus seating requirements, dietary sweeteners and roof-crush requirements in car rollovers.
Federal preemption is Washington's method to make lawsuit reform and unfortunately, the public is not aware of this bureaucratic loophole. Federal preemption is a method for federal law and regulation to trump state law. Why should the public be concerned? The rules of the game are different in federal court than state court. This is a major reason that corporations prefer the more restrictive federal courts to state courts when fighting liability and personal injury lawsuits against consumers.
Click here to read more from an AP story that ran on the Washington Post.com
A personal injury claim for a 2003 accident that left an ecologist with permanent brain injuries after a head on car accident, just resulted in a $5.3 million in a bad faith verdict against Fireman's Fund Insurance Company.
It is hard to believe that after being presented the facts of the brain injured 32-year old accident victim, the medical bills, video of the client having a seizure, a large insurance carrier with such resources stalled in paying the Plaintiff's Under insured Motorist policy of $1.5 million for several years or her medical payments policy. Since the person at fault in the accident only had minimal coverage, the Plaintiff made a claim on her personal Under insured Motorist Policy. (Side Note: Remember to check your personal insurance coverage for policy limits on Under insured and Uninsured Motorist coverage).
Samantha Chilcote's five-day trial, the unanimous bad faith verdict of $5.3 million awarded by the jury, sends a strong message to insurance Carriers and Insurance Adjusters about denying an injured accident victim's Under insured and Uninsured Motorist insurance claims. Although, we understand that there is a chance for the verdict to be modified by the Judge, the verdict still sends a strong message.
Please take note that all insurance carriers do not are not like this when it comes to paying Under insured and Uninsured Motorist insurance claims. You can verify this with your personal Insurance Agent.
This case makes me wonder about Bad Faith verdicts for Personal Injury Claims in Florida. I will report my findings in future blog posts... A few immediately come to mind.. Stay tuned for a more comprehensive list of Bad Faith verdicts in Florida Personal Injury cases.
To read more on this $5.3 Million Bad Faith Verdict against Fireman's Fund Insurance Company, click here to read TRISTAN SCOTT's Missoulian article .
Yesterday we learned a hard lesson. We learned that juries are apt to disbelieve a Plaintiff. If there is any disjunction or conflict in the medical records the Plaintiff will not be given any benefit of the doubt. You must be a perfect Plaintiff because any thing the defense finds can and will be used to call you a liar and discredit your case.
Let me explain: Recently we finished a 3-day trial. Our client was a middle-aged woman who sat in her car, stopped at a red light. The defendant, not paying attention, drove their small sporty car into the tailpipe of our client's mid-sized SUV. The damage totaled the defendant's car. The Plaintiff's SUV had almost no visible damages. (Let’s call that Strike One) The Plaintiff thought that she could handle the case alone and did not hire an attorney for some time after the accident. In that time she went to her own doctors and filled out her own medical information.
Our client proceeded to go back to her chiropractor because of the pain she had in her lower back. Prior to the accident, our client had a history of back pain but she was pain free for a year before the accident. Now, she was back in the chiropractor's office. The pain because so bad he referred her to a neurologist and then onto a neurosurgeon. The neurosurgeon said only surgery would help. Our client underwenta level one fusion of her spinal vertebrae. Unfortunately, in all the medical intake forms the client put down that she had no prior back problems (Let's call that Strike 2).
The client was not sales person. She was not able to articulate her pain to the jury. She was simply unable or unwilling to expound on her experience, to help the jury understand her pain. (Let's call that Strike 3).
The Allstate Corporation, one of the the nation's largest publicly held insurance companies, recently released approximately 150,000 pages of documents pertaining its review claim practices from the 1990s. Although, some media have regarded the documents as coming up short, according to a recent Times Picayune article.
On the opposite side of the argument, the release of the documents by Allstate can be viewed as Allstate's way of showing that they have nothing to hide. Undoubtedly, the Mckinsey documents issue will not go away for awhile, in light of the looming release of the new tell all book for the public by New Mexico attorney David Berardinelli, called "From Good Hands to Boxing Gloves: The Dark Side of Insurance."
An Allstate spokesperson, Rich Halberg, downplays the significance of the documents in a recent Allstate press release, "When aired in the unbiased setting of a court of law, allegations about the documents have been shown to be without merit. Most recently, some of the documents were seen and explained in context to a jury during a two-week trial in Kentucky (Hager v. Allstate)."
The Hager v. Allstate case involved a rear-end automobile accident case that occurred in 1997. The Plaintiff, a 60 year old accident victim, sued Allstate for not paying claims related to the personal injury in the car accident and for allegedly violating Kentucky's Unfair Claims Settlement Practices Act. The outcome of the two week trial was for the Defendant, Allstate. According to several published reports, the jury came back with this verdict after deliberating for a short while. One can only wonder if the Jury took the Plaintiff seriously for asking for $1.425 Billion for what is typically referred to as a soft tissue injury.
Click here to view the extensive site of the Allstate "Claim Review" documents. The site shares comprehensive information on Casualty Review, Homeowners Review, Auto Physical Damage Review and Field work Information.
We encourage the public to read the documents and let us know your opinion of the documents.
A recent study from the Insurance Institute of Highway Safety tested several mid-sized cars and rated most with marginal or poor ratings for rear-end collisions. This is important to mention because rear-end collisions and and neck injuries are the most common injuries reported in automobile injury accidents. According to insurance reports, rear-end collisions account for nearly 2 million insurance claims each year, with an estimated cost of $8.5 billion. Although, neck injuries are not life-threatening, they often leave the injured accident victim with a lot of pain and are sometimes debilitating.
The Rear crash test rated protection in a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seats with good or acceptable restraint geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.
On a positive note, according to Institute senior vice president David Zuby, "The side impact results represent a huge change from just four years ago. "A major change is that auto manufacturers have been moving quickly to make side airbags standard, even on lower priced models."
In 2006, there were 42, 642 people killed in the 38, 588 fatal motor vehicle accidents, according to the Institute of Highway Safety. Florida was third in the nation in fatal motor vehicle accidents, with 3,374 reported deaths from 3,097 fatal accident crashes. California was number one in the nation in automobile fatal accidents with 4,236 deaths and Texas came in second with 3,475 reported motor vehicle deaths.
According to a NHTSA FARS report, South Florida led the state in traffic fatalities by County, with Palm Beach County having 212 traffic fatalities, Broward County having 267 traffic fatalities and Miami Dade County having 367 traffic fatalities. It is important to mention that Palm Beach County traffic fatalities increased the most significantly in South Florida from prior years by nine percent.
This makes the National Click it or Ticket Campaign, so important in saving lives on the roadway. During May 19 - June 1, 2008, law enforcement agencies join forces day and night, from coast-to-coast, for an enforcement blitz that delivers on our message “Click It or Ticket". The mobilization is supported by national and local paid advertising and earned media campaigns aimed at raising awareness before the blitz that ... Day or Night - Buckle Up or Pay Up.
The amazing nonprofit, Dori Slosberg Foundation has taken important steps in working with Florida law enforcement to ensure Florida's participation in this meaningful campaign. Irv Slosberg and his dedicated team have tirelessly worked side by side with Florida law to ensure that we have the necessary representation on the roadways during this campaign. Although the campaign is only for a few weeks, prior year statistics show that traffic fatalities are decreased during this timeframe.
Click here to learn more about the Staying Alive on 95 event spearheaded by the Dori Slosberg Foundation.
Today we attended a seminar on Traumatic Brain Injury given by Dr._____
I was surprised by the statistics on Traumatic Brain Injury, according to the CDC, there are nearly 1.4 million people who suffer from TBI each year in the United States.
235,000 are hospitalized; and
1.1 million are treated and released from an emergency department.1
75% mild
headache, pain, mood changes, sensory problems, sensory or hearing
ATV (All terrain Vehicles) are coming under fire for tougher safety and product liability laws from parents of a personal injury victim that died in ATV related crash.
Ashley Phelps' life was cut short last year when the all-terrain vehicle she was a passenger on struck some mailboxes and rolled over. The driver, Gregory Hebert, then allegedly drove away, leaving the injured 21-year-old behind. Head injuries sustained as a result of the ATV crash caused Ashley's death.
According to the most recent CPSC Annual Report of ATV deaths and injuries for 2006, that was released in February 2008, there have been over 8100 deaths related to ATV crashes or ATV fatalities. The state of Pennsylvania leads the nation in ATV fatalities with 420 total deaths from 1982 - 2006. The State California comes in second with 418 ATV fatalities from the same period. In the state of Florida, there were 349 deaths as of result of ATV accidents.
Click here to read more from the AP and the Insurance Journal and Click here to read more from the Consumer Product Safety Commission on ATV Accidents, death and injuries.
Plaintiff's and Personal Injury lawsuits are coming under attack by the very controversial "Fake Bad Scale" Test. The test is supposed to tell if someone is faking an illness, psychological symptoms and other injuries in personal injury claims and is mostly used by the defense to help battle plaintiff's personal injury claims.
Controversy: Protests from some psychologists and plaintiffs' lawyers feel that the test identifies several real victims as possible fakers. Proponents of the test see the true-or-false test as valid to identify people faking pain, psychological symptoms or other ills to collect a payout.
The story generated a lot of interest around the web. Several bloggers picked up on it such as Law Dragon's Marc Lacter, SaundersBlog , Toxlaw.com, Law Beat Comments from Syracuse University's Carnegie Legal Reporting Program and the WSJ's Legal Blogger Dan Slater
Dan Slater's post had the most interesting comments. Surprisingly for both sides of the argument.
Kudo's to the WSJ to include such a controversial topic on page A1. Hats off to the Murdoch owned newspaper for putting this topic front and center. I wonder how many news outlets picked up on this test, I am sure that this topic will be covered this weekend in news segments.
Stay tuned... I will share any interesting news clips that dig more into the Fake Bad Scale Test.
Click here to read more from the WSJ on this test. (Note: Subscription required),
In 2003, Yamaha entered the side-by-side market with its Rhino, which was designed to be more aggressive, i.e., faster, more agile side-by-side, with characteristics similar to a large ATV. By August 2007, Yamaha notified its customers, albeit only those who were actually registered, of the Rhino's risk of tipping over. Additionally, under the guise of a "special offer" Yamaha offered doors and additional handholds to protect riders from severe injury
One of our favorite Bloggers, Blawgletter wrote a post about Tort Reform and the rights of trial by jury. Although his post is re: a securities fraud case against University of Phoenix, it also rings true that jury trials are important for personal injury cases. Without them, who would be held accountable? Ted Frank at Points of Law.com, chimed into the jury trial discussion by adding "trials remain a risky business for both plaintiffs and defendants", in a recent post.
Pointsoflaw.com, provided an excellent summation of the Vioxx litigation in their vioxx roundup yesterday. They cited several cases pending trials and gave updates on Merck. All eyes are on Merck. Let's see if their proposed vioxx settlement of $4.85 billion will make the jury trials go away. In a newswire release, Merck indicated that there are 50,000 Vioxx claimants.
Only time will tell how this saga will end. Stay tuned...
This week, Icame across a few interesting articles and blogs that cover personal injury. The first one is the article "Friend when we need one" from the Arizona Republic by E.J. Montini. He discusses how the public often perceives Personal Injury Lawyers as "ambulance chasers". The Journalist and fellow blogger (montiniblog.azcentral.com) speaks candidly about how the mere mention of a personal injury lawyer representing a family in a tragic highway case, resulted in a barrage of name calling and insults from the public. He goes on to give examples of how many do not appreciate the value of a personal injury attorney, until they need one. Kudo's to E.J. Montini for representing the positive side of a plaintiff's lawyer. Of course there are a few bad apples that give trial lawyers a bad name, however, most Injury Attorneys are passionate about getting the best value and compensation their clients deserve, based on the nature of the injury.
Michael A. Ferrara, Jr., a Cherry Hill, New Jersey Personal Injury Lawyer, shares some startling facts about OTC Cold Medicines and the dangerous for Kids in his Injuryboard Blog Post. Recent reports from the CDC and Prevention, show that there were over 1,500 babies and toddlers taken to to emergency rooms over a two-year period because of the OTC cold medicine. The FDA' "strongly recommends " that OTC cough and cold medicines not be used for infants and children younger than 2, according to Dr. Charles Ganley, director of the FDA's Office of Nonprescription Products. An article on CNN.com shares an alarming statement from the FDA stating that many parents have not gotten the message about the severity of the issue, despite the media attention on the subject in Fall 2007. Check out the compelling newsworthy CNN.com video on "not giving OTC cough medicine to children under the age of two. We encourage you to share this link with parents that have small children. This is a message that all parents with small children need to hear. The ever so popular Dr. Sanjay Gupta gives a succinct update on the FDA announcement. I can't fail to mention that Vick's Nyquil had a sponsored ad right next to the Child Cold Medicine warning. Talk about product placement, I could not help but wonder if more people felt the same way that I felt that the Nyquil being next to this story was not in good taste. I have nothing against the product, in fact I have this product in my medicine cabinet at home.
Florida's Highway Safety and Motor Vehicles department issued a release yesterday regarding the mandatory PIP coverage effective January 1, 2008. In a prior post on the LaBovick Injury Law Blog, we reminded readers of this approaching deadline.
In yesterday's release isued by Florida's Highway Safety and Motor Vehicle department, the following paragraph caught my eye: "Law enforcement, including the Florida Highway Patrol, will be checking proof of insurance roadside and could issue a citation for failing to carry the proper insurance. We are encouraging all motorists to make sure their vehicle is properly insured. If you have questions please contact your insurance carrier/agent to make sure you have the required Personal Injury Protection coverage."
This is a strong warning that the department is taking this new law seriously. Please do not get caught without this mandatory PIP Insurance. If you do not have PIP effective January 1, 2008, your insurance carrier will cancel your policy and inform the Department of Highway Safety and Motor Vehicles, who will then suspend your driver’s license and registration. This could be an expensive endeavor to get your license reinstated, fees range from $150 up to $500.
We encourage you to be proactive and make the call to your insurance Agent today to make sure that you are carrying the mandatory PIP coverage January 1, 2008. It can save you money and headaches in the future. I called my Insurance Agent today just to be on the safe side. They reminded me that I took care of this already and not to worry. I told them, I wanted to make sure one last time, you can never be too sure, with something so important.
To read more from the Florida Department of Highway Safety and Motor Vehicles, click Here.
The Ohio Supreme Court gave their ruling yesterday in the Arbino vs. Johnson & Johnson, Slip Opinion 2007 -Ohio 6948. The ruling was 6-2 upholding a 2004 law approved by the legislature that caps jury awards for non-economic (pain and suffering, mental anguish, etc.) to $350,000 unless there is a loss of limb or organ. The court found the law to be constitutional and does not violate consumer rights, right to jury, or separation of powers. The case before the court was brought by Melissa Arbino for a product-liability suit against Johnson & Johnson for side effects from using the Ortho Evra Birth Control Patch. Surprisingly, the patch is still on the market, but with warnings about the serious side effects.
John Michael Spinelli, gives a brilliant outline of both sides of the arguments, in his post on Daily Kos entitled "Ohio Supreme’ Ruling Good for Bad Bills, Bad for Good Juries". One point that he drives home in the post is that the ruling came from an all-Republican Supreme Court. One could gather from his clever intro "the best Republican Supreme Court money can buy" that he has strong feelings on this subject.
Chief Justice Moyer, writing for the majority opinion, states "The decision in this case affirms the General Assembly’s efforts over the last several decades to enact meaningful tort reforms. It also places Ohio firmly with the growing number of states that have found such reforms to be constitutional. However, the issue remains a contentious one across the nation, with several states finding such statutes unconstitutional."
Justice Paul Pfeifer, writing for the dissenting opinion states "Instead of jealously safeguarding the right to trial by jury, the majority opinion in this case eviscerates it by holding constitutional a statute that enables courts to ‘enter judgments in disregard of the jury’s verdict.’ Instead of jealously safeguarding the right to trial by jury, the majority opinion employs shallow reasoning and shoddy logic in concluding that juries can meaningfully determine only facts that do not conflict with predetermined assessments of the General Assembly. Instead of jealously safeguarding the right to trial by jury, the majority opinion "cleans the scalpel for the legislature to cut away unrestrainedly at the whole field of tort redress."
This case sends a resounding message to the legal community that the issue of tort reform will continue to be hotly debated. The Ohio Supreme Court ruling will no doubt add fuel to the tort reform discussion. Those in favor of tort reform, just received a check mark in their column with this decision. One can only hope that this does not give corporations a false sense of security in future product liability cases.
Johnson & Johnson stock is trading at $67.43, yesterday, the day of the Ohio Supreme Court ruling, it closed at $67.33.
Effective January 1, 2008 - Florida law requires drivers to carry personal injury protection insurance.
You will be receiving a mandatory PIP reminder from your insurance company reminding you of this change. A word of caution, don't get caught without PIP coverage. Call your local insurance person and reinstate this mandatory coverage, so you will not forget.
• Beginning on Jan. 1, 2008, Florida law requires drivers to maintain PIP insurance coverage which pays covered medical expenses for injuries sustained in a motor vehicle crash by the policyholder, passengers, and relatives residing in the policyholder's household.
•If a policyholder fails to maintain PIP coverage, the State of Florida may suspend the policyholder's driver's license and vehicle registration.
•If a policyholder already has personal injury protection coverage, the coverage will be amended effective Jan. 1, to incorporate legally required changes without any additional premium and that the policyholder need take no further action.
I came across an interesting article from the WallStreet Journal that was posted on MSN.com yesterday. The title was one that would raise the eyebrows of any plaintiff injury law firm "Employers grab accident victims' cash" written by Vanessa Fuhrmans. I am no surprised that this article had a 4.58 rating among the nearly 3000 readers that read it. Personally, I felt it deserved a rating of 5, it was right on the mark. The large insurance companies can't seem to stop trying to squeeze every little penny out of personal injury victims. It cited the behemoth, Walmart, going after a brain damaged woman's personal injury settlement of $700,000 and demanding repayment of $470,000. What makes it outrageous is that her personal injury settlement only netted $417,000 after fees and other medical bills were paid. This money was put in a trust to take care of her medical needs, however, the behemoth Walmart, did not care and felt they were entitled to all their money back plus legal fees. They sued and won the case and feel no regret or guilt from taking everything from this poor personal injury victim that has no quality of life and s relegated to depend upon Medicaid and Social Security. When will the large insurance companies stop sucking the blood from personal injury victims and finally learn to do what is right as a good corporate citizen. I wonder will we see this in our lifetime?
Vanessa Fuhrmans brings out startling revelations that most people do not know about their medical providers and how they can be in for a rude awakening, if they use their personal health insurance for injuries sustained in a personal injury accident, should their insurance company decide to come after them for reimbursement. According to the article, some company health plans, reserve the right to recoup the medical expenses it paid for someone's treatment if the person also collects damages in an injury suit. This is becoming a growing trend around the country, as more employer health plan law suits are materializing.
Insurance Companies and large Corporations try to portray Trial Lawyers, especially Personal Injury lawyers as greedy individuals only after the almighty dollar. They should take a look in the mirror and and feel ashamed of themselves. After reading this article, I have a new admiration for good personal injury lawyers around the country that stand up and fight valiantly for justice for the average citizen.
Personal Injury Lawyers, stand up and take a bow for not backing down to these immoral, greedy and money hungry insurance companies and corporations that only care about large profits and finding new ways to exploit the little person.
I came across an interesting blog by the name of Tort Deform that discusses the public's access to the courts. Hats off to the Executive Editor, Kia Franklin, and team for putting together a great blog. I enjoy reading this blog, topics are always current, timely and thought provoking. Keep up the good work....
I really appreciate that there are people in the world, other than Plaintiff attorneys, who understand what we do and the function we serve. The world has a balance to it.
This reminds me of a movie I recently saw, The Bee Movie. In the movie Jerry Seinfeld portrays a Honey Bee who figures out that humans are using Bees to make honey for human use and that the humans are not paying the Honey Bees anything for their labor or the product (honey). With that knowledge he befriends a human woman and they sue the honey industry.
The remainder of the movie was a mélange of lawyer jokes and silliness. In the end, the Seinfeld character wins his lawsuit against the honey industry and all bees around the world are free to stop working. That, of course, sends the world into a tailspin. Without bees we have no pollination, and without pollination we have no flowers. In the movie they only dealt with flowers, but the truth would be that without bees the world would significantly change. Millions of plant and animal (probably humans as well) species would disappear in the process. One of the movie's lessons is that, within a system, if you take out a step you may change or destroy the entire process because the balance is no longer in check.
Our government system is similar. We have a unique and wonderful system of checks and balances. Our founding fathers developed, through sheer brilliance, a fantastic system. The system works between the executive, judicial and legislative branches. It also works between private and public services as well as between corporate and individual rights. One major component to that system is that individuals and corporations are held accountable for the damages they cause to the social compact. Part of that social compact is that no party or person is permitted to use "self help" to right a wrong. We are not permitted to shoot our neighbor if they put a fence up on part of your property. Instead of self-help we have a finely developed court system. People trust and believe in the general fairness of our entire system. Their belief and trust in that fairness is what keeps society generally peaceful. Most people will sue each other to correct the behavior or damages one party does to the other. Most people will not take JUSTICE into their own hands and use a gun or a knife to right their own wrong.
If we take away the people's right to sue to right their wrongs then we have seriously changed our system of justice. We have taken out a critical piece in the checks and balances system of our society. The people cannot be forced to live with government oversight as their sole method of solace because when something goes wrong they need to feel empowered to do something to "fix" the situation. In our system, we need to have a method of taking action, of taking self-responsibility, to help oneself. That system calls for lawsuits and not guns. If government takes on that responsibility and doesn't do a good job (which is inevitable) then over time the public will feels greater discontent with government. This discontent, historically, has led to revolution.
I am sorry this response took so long. (Click here to see response from Bexis). My life just does not have enough fun things like responding to your great blog post.
First things first: For those of you not following my intellectually astute commenter, Shay’s Rebellion was the post-revolutionary (1787 or so) clash between the farmer and merchants in the New England states. It was the first test of our new Democratic Republic and the system passed muster with high marks. The point of this was to note, that we cannot rely on the government to save us from corporate profiteering at human expense. I only wish I were such an extremist. Extremists get loads of press and people are naturally drawn to them. But, let's put the whole anarchist thing to bed. Nothing could be further from the truth. I love our system of Government. I think government serves a legitimate purpose. I am just a natural Republican. When possible, I believe government should be smaller rather then bigger. I would prefer to see government not intervene when not necessary. This is especially true of the federal government. In a contest between the federal government and the state government on who should be passing legislation, I would prefer to leave most things in the hands of the states. I am, however, (tell Mark Hermann I used however properly again) not an extremist. I realize the federal government has a legitimate role and a great responsibility to protect the national public from dangerous products. This is a typical Republican position. It is not the anarchist position.
What I do NOT believe is that the FDA has the ability to insure that the public is safe from dangerous drugs. I do not believe that by passing the lowest threshold of government oversight that any company should be released of their responsibility to the end user of their products. I do not believe that the government can be trusted or expected to guarantee product safety. This holds true for our prescription drugs, our food supply and our water. Government is the first line of defense. It is not the exclusive remedy when a corporation harms its customer(s).
You say that 90% of products are not sued because of a defect. I don't believe this, but let's pretend it's true. What about the 10% of defects that you admit cause death, dismemberment or other injuries? What about those people? Why should they be prohibited from suing the business that harmed them because the dangerous product was Ok’d by some minimum wage government inspector? Why, as a taxpayer, do I have to bear the burden of the injured person's medical bills because the business that caused the injury is off the proverbial hook? Why should I, as a taxpayer, have to bear the burden of the injured person’s unemployment compensation when they can't return to work because of this injury? Do you think the injured person is going to feel like the American Justice System did the right thing when they are told that there is no case because the FDA or some other government agency simply failed to catch a dangerous defect? Is it fair that the injured person will have no legal remedy against the offending company? Of course, all of the above is patently unfair and anti-American. We are not Russia. We hold people and businesses accountable for the harm they do, to individuals and to society. To create an exception for drug companies or any other business is simply wrong.
On October 11, 2007, Governor Charlie Crist signed into law effective January 1, 2008 the new Florida No Fault Auto Insurance bill, (House Bill 13C). The original No Fault Law expired October 1, 2007. Therefore, all policyholders whose automobile policies were set to expire between between October 1, 2007 and January 1, 2008 should call their insurance agents to obtain interim coverage or they will have no coverage at all until January 1, 2008. The only mandatory coverage during this interim period is property damage liability coverage.
These individuals should also know that if they are in an accident between October 1, 2007 and January 1, 2008 and are at fault, and the other driver, passenger or pedestrian who is injured does not have their own PIP coverage, they can be sued for everything including pain, suffering, medical bills and loss of earnings.They should therefore purchase adequate bodily injury liability coverage to protect themselves.
These are the key provisions under the new law effective January 1, 2008:
1. PIP will pay 80% of all reasonable and necessary medical expenses up to the $10,000.00 policy limit. This is the same as the old law.
2. A new fee schedule for medical bills limits doctor's reimbursement to 200% of the Medicare rates and the emergency room doctors to 80% of their usual and customary charges.
3. The new law will reserve $5,000 for emergency room doctors and inpatient hospital physicians.
4. The policy will pay 60% of disability benefits, as before, for any loss of gross income and earning capacity from inability to work.
5. It will also pay 100% of reasonable replacement service such as child care, housekeeping and yard work.
6. It will also pay a death benefit of $5,000 per individual, or the remainder of unused PIP benefits, whichever is less.
Liability Lawsuits
In order to be allowed to sue for pain and suffering for injuries resulting from an automobile accident, as before, you must have either of the following:
1. Significant and permanent loss of an important bodily function.
2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
3. Significant and permanent scarring or disfigurement.
4. Death.
Cargill Beef issued a massive recall on November 3, 2007 for more than 1 million pounds of ground beef that is suspected to be contaminated with E. coli bacteria. This is the second voluntary recall of beef in less than a month. The earlier Cargill recall was issued October 6, 2007 for 844,812 pounds of frozen ground beef patties because they may be contaminated with E. coli O157:H7. This recall included products that were produced on Aug. 9, 10, 15, 16 and 17, 2007, and were distributed nationwide. Each package bears the establishment number “Est. 924A” inside the USDA mark of inspection. The products include:
Products distributed at the retail and subject to recall are:
• 6-pound boxes of “American Chef's Selection Angus Beef Patties 18-1/3 Pound Patties.” Each package bears a case code of “7703100” and various package codes of Best If Used By dates of “02/05/08,” “02/06/08,” “02/12/08,” and “02/13/08.”
A few prevention and safety measures include:
1. cooking any ground beef to an internal temperature of 160 degrees F., or until the meat is no longer pink and the juices run clear.
2. Avoid contaminating other foods with any E. coli bacteria that may be present in meat.
3. Wash Hands, utensils and cutting boards after they touch raw meat.
4. Place cooked meat on a clean platter, not one that was used to hold raw meat.
Consumers with food safety questions also can “Ask Karen,” the FSIS virtual representative available 24 hours a day at ASKKaren.gov. The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from 10 a.m to 4 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day.
The Ecoli Lawyer at the Marler Blog, provides excellent commentary on the history of Cargill Food Recalls dating back to the early 90's. Amazing they have been having problems this long. One would think that with new technology, the company would master how to prevent E. coli outbreaks. If you look at the great historical chart, the Marler Blog gives in their post on Cargill, getting reacquainted with the Enemy, it is hard to avoid the massive growth and expansion efforts of the Cargill company. My question to Cargill is "While you were growing and acquiring new companies were you looking into best practices of preventing food-borne illnesses?"
Blogger Jane Genova includes an excellent Blog Post entitled Cargill, ConAgra et al. Need to Follow Oprah Crisis Management 101on measures Cargill should take in dealing with the PR Crisis nightmare. Oprah is my hero and role model. No one is a master PR like Oprah. Jane's list is one that all executives and PR people should keep and hold onto, in case a PR Crisis should arise on their watch.
Acknowledge the situation is serious
Be visible where the trouble is or could be
Follow up sincerity with concrete action. Be a responsive human being
Be part of the reform effort. This is not about committees or delegation. The message is: This will not happen again, at least not on our watch.
Be totally accessible. Use technology such as personal email addresses, blogs, and live media conferences
According to the Regional Beef President, John Keating, no illnesses have been reported. Now that is what makes me wonder if the public is fully aware of the meat recalls. There have been so many recalls over the past three months. Every time you look on the news, you hear of another recall that many have become desensitized by them. The ten states that are included in the recall are: Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania and Virginia.
Texting while driving is becoming trendy and dangerous. It is not uncommon to see someone text while driving these days, especially teens. Let's not forget the Blackberry Crowd. They are equally dangerous to drivers on the road. One New Hampshire Lawmaker is doing something about it, Nashua's David Campbell has filed the paperwork for a bill to ban two-handed texting or typing on any electronic or telecommunications device while driving. According to Campbell in a recent Associated Press article, "You need at least one hand to operate a motor vehicle,'' a police officer told him cell phone texting isn't the only problem. Some drivers are typing on laptop computers while behind the wheel." He seeks only to ban two-handed typing or texting.
In a recent accident involving a 17-year old, text messages were sent to and from the teen driver before the deadly crash involving a tractor trailer crash. This is any parents nightmare. Their teen dying at the wheel, while on the phone. Adults are not immune to texting while driving. According to Lynch Ryan Worker's Comp Insider Blog,"You can make a case that a vehicle can be operated safely while the driver talks on a cell phone - preferably with a head piece - but no case can be made for safe driving while the operator's eyes are actually focused on the mobile device. Texting, like alcohol, does not go with driving." I agree wholeheartedly. The cell phone providers should do more to bring awareness to the dangers of texting while driving. According to a recent study by AAA on teen texting while driving habits, nearly 46% of teens, text while driving.
Blogger, Anne Donnegan, hit it nail on the head, when she said, more people may have to die in DWT accidents, before legislators eventually see the light and pass a bill banning DWT.
Thankfully, lawmakers around the country are introducing legislation to curb this dangerous behavior. A few brave champions, such as Washington State, Phoenix and New Hampshire are writing legislation on Driving while texting.
What are your thoughts on texting while driving? Should it be illegal? What is better a fine or points on a license? The answer remains with concerned citizens. Do you want your loved one killed or injured by a driver that is texting? If not, find out if your local city or state has a ban on DWT - Driving While Texting. If not, contact your local lawmaker and suggest this legislation. Share what other cities are doing such as: Washington,Phoenix, and New Hampshire. Make a difference and let your voice be heard in the fight to end DWT accidents.
South Florida residents in West Palm, Martin and St. Lucie Counties, it is that time of year again. Tomorrow children and adults dressed up in costumes will troll neighborhoods and malls looking for fun treats. Halloween Decorations have become as popular as Christmas. You may have seen all of the Halloween decorations in the stores two months ago, or neighbors hanging lights and putting up large inflatables in their yards. I know it is that time of year when my local Walgreens starts filling the aisles with candy, costumes and decorations. How did retailers pull this one off? When did Halloween become so popular to rival Christmas home decorations?
The important thing is Safety for this Halloween. According to the CPSC, the most serious Halloween-related injuries involve burns from flammable costumes and decorations, including ignition from open flames, such as candles and Jack O’Lanterns. Other incidents have involved abrasions from sharp objects attached to masks or costumes.
The CPSC has put out a few Halloween Safety Tips for Parents and Adults. Please read them carefully and be safe.
Costumes
Costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.
Purchase or make costumes that are light, bright and clearly visible to motorists.
For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.
Children should carry flashlights to see and be seen.
Costumes should fit well and not drag on the ground to guard against trips and falls.
Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.
Tie hats and scarves securely to prevent them from slipping over eyes and obstructing vision.
If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.
Swords, knives and similar costume accessories should be made of soft, flexible materials.
Treats
Warn children not to eat any treats until an adult has examined them carefully for tampering.
Carefully examine any toys or novelty items received by trick-or-treaters under three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.
Decorations
Keep candles and Jack O' Lanterns away from landings and doorsteps where costumes could brush against the flame.
Indoors, keep candles and Jack O' Lanterns away from curtains, decorations and other combustibles that could catch fire. Do not leave burning candles unattended.
Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.
Indoors or outside, use only lights that have been tested for safety by a recognized testing laboratory, such as UL. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.
Don't overload extension cords.
From the Attorneys and Staff of LaBovick & LaBovick, have a safe and fun Halloween this year in South Florida.
Rollover Accidents account for only 2% of all accidents, but account for 33% of all Traffic Deaths according to the National Highway Transportation Safety Commission.
The following is a breakdown of Rollover fatalities by motor vehicle type:
61% of SUV occupant fatalities occur in rollover crashes.
45% of Pickup Truck occupant fatalities occur in rollover crashes.
33% of Van occupant fatalities occur in rollover crashes.
23% of Passenger Car occupant fatalities occur in rollover crashes.
30% of all motor vehicle occupant fatalities in Florida involve rollover crashes.
Dana Corp announced a settlement of 7,500 Personal Injury Claims involving asbestos-laden gaskets produced by the auto-parts supplier. They want to pay a maximum of $ 2 Million to settle all claims, providing the claimants submit the required proof to support their claims. This will help the company settle approximately 7 percent of the mesothelioma claims and 4 percent of the cancer claims filed against the Ohio based Auto parts supplier.
Dana has said asbestos-related personal-injury claims, which totaled 150,000 as of June 30, will pass through its bankruptcy unchanged.
It is important to note that the necessary supporting documentation is important for the claimants to receive any funds from the $2 Million proposed settlement. If they have any questions or concerns about the settlement or an asbestos related illness, they should contact an Asbestos Attorney or a Mesothelioma Attorney to discuss the case in greater detail.
Click here to read more on the Dana Corp Asbestos settlement from Associated Press
It was nice to see a Personal Injury lawyer make the news in a positive story about running and safety. Personal Injury Attorney, Eric Turkewitz, is training for a marathon and was interviewed about his opinion on safety and running at dusk. Great article.
After reading Eric's blog New York Personal Injury Lawyer, it made me wonder about accidents and bicyclists. In Florida we have great weather, but are really not the most bike friendly place. I was surprised to find that Florida leads the nation in bicycle fatalities, according to the National Highway Safety Traffic Administration. In 2005, Florida had 124 bicycle fatalities, California 124, New York 47, Texas 46 and rounding out the top five was North Carolina with 36 bicycle fatalities. The total number of bicycle fatalities were 784 for 2005. Although the numbers seem high, they account for only two percent of the total traffic fatalities for 2005, which were 43,443 fatalities.
Assure Bicycle Readiness. Ensure Proper Size and Function of Bicycle.
Ride Wisely. Learn and Follow the Rules of the Road.
Be Predictable. Act Like a Driver of a Vehicle.
Be Visible. See and Be Seen at All Times.
“Drive” with Care. Share the Road.
Stay Focused. Stay Alert.
Unfortunately, our firm has represented it's share of bicycle accidents over the years. It is always sad when the bicycle accident involves a child or death.
When you are bicycling try and remember safety first, despite the joy and excitement that riding brings. “Drive” with Care. Share the Road.
October 15th is Blog Action Day around the world. This is the day that bloggers everywhere discuss the environment in a post. How could we not participate by sharing something about the environment on our blog? So here is our post about an oil company settling a pollution case:
Frontier Oil Corp recently settled a series of lawsuits on pollution brought by residents and former students and employees at Beverly Hills High School that alleged facilities at an oil field operated by Frontier subsidiary Wainioco Oil & Gas from 1985 until 1995 released emissions.
Frontier Oil Corp paid $6.2 million, which is a part of the overall $10 million settlement by Frontier and other defendants.
Share holders must be happy with this settlement, because Frontier Oil Shares are currently trading at $45.05.
In a recent Press Release from The American Association for Justice, the organization praises a report by the nonprofit Center for Progressive Reform. The report "The Truth About Torts: Using Agency Preemption to Undercut Consumer Heath and Safety" suggests that the Administration has forced federal agencies to claim their regulations preempt state laws, despite lacking any constitutional authority. These actions contradict Congressional intent and, frequently the agencies’ own policies. According to the new report, state laws are preempted through regulatory rulemaking authority. The preemption provisions are often slipped in at the last minute without any chance for public comment.
The Food and Drug Administration (FDA) declared a rule on drug labeling preempted state tort law despite the fact that the agency had long held the opposite view.
The Department of Homeland Security (DHS) also adopted preemption provisions, despite the fact that the Senate Homeland Security and Governmental Affairs Committee had expressly rejected such an approach just a year earlier.
Key figures testifying at the Senate Judiciary Committee hearing this week on “Regulatory Preemption" were Georgetown Professor David Vladeck, attorney Collyn Peddie and Donna Stone, state representative from Delaware and the current President of the National Conference of State Legislatures.
Agencies such as the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and The National Highway and Traffic Safety Administration (NHTSA) set out to protect the health and safety of Consumers. Let's hope that the Judiciary Committee meetings help to prove this point loud and clear so that we can all work together towards the fight for consumer justice.
Denver District Court Judge Sheila Rappaport sent a strong message to Qwest Communications in the Personal Injury Case of Andrew Blood, when she increased the punitive damages to $81 million from an original amount of $39 million.
According to the Business Journal reports, Judge Rappaport, awarded the maximum increase allowed by law on the grounds that Denver-based Qwest continues "to fail to inspect, maintain and repair" its telephone poles despite having lost a previous jury trial involving Andrew Blood.
A jury on May 24, 2007, awarded Blood slightly more than $21 million in compensatory damages for his injury. Denver law allows judges to triple that amount in punitive damages -- those meant to punish and correct the actions that led to the judgment -- if the situation that led to the lawsuit is repeated or not corrected.
I am sure that Qwest will keep their word and appeal Judge Rappaport's ruling. Regardless of the outcome of the appeal, it is loud and clear from Judge Rappaport's ruling that Qwest needs to clean up their act and implement a solid and worthy maintenance program for their telephone poles across the country. It will save them in the long run with large lawsuits like in the Andrew Blood case.
According to the Qwest reports their stock recently closed at $8.92 an increase of $.13 from prior trading.
Hoteliers take note: There can be a premises liability or negligence issue if a guest gets hurt in a hotel room or bathroom while at a place of lodging. Take a look at the case Ciocci v. Trump Taj Mahal Associates that just settled for $1.2 million. This case had a specific set of circumstances,it involved a broken toilet broke away from the wall in a handicap accessible room. Nevertheless, it should be a wake up call for all hotel establishments. It would cost a lot less just to make sure that the facilities were safe.
The Ciocci settlement was in regard to the Taj Mahal's liability for the injuries Jean Ciocci, 74, of Philadelphia, sustained from two separate falls: the fall from her toilet in her hotel room's handicap-accessible bathroom on Oct. 8, 2004, and a fall she took one-and-a-half years later that her attorney argued came about because of the significant physical disability in her left arm caused by the earlier bathroom fall.
We are happy to hear the insurance industry making statements that they will take care of any claims arising out of the Minneapolis bridge collapse tragedy without delay.
According to a vice president at the Insurance Federation of Minnesota, "There will be no exclusions – it will all be coverable." They expect most claims to be for auto damage, workers' compensation and commercial property damage.
However, let's not rule out lawsuits regarding the maintenance of the the structure. This undertone has been looming in the news of late that the officials were warned some time ago about the dangers of this I-35W Bridge that hosted a heavy volume of traffic through downtown Minneapolis, Minn.
I can't get over the fact that I drove across the I-35W Bridge in Minneapolis several times. I just can't believe this happened.
The survivors have a lot to be thankful for. This was a natural disaster that could have been prevented.
Stay tuned... I am sure there will be lots of ink regarding lawsuits stemming from the collapse of the I-35W Bridge in Minneapolis.
Ford Motors announced Friday that it was voluntarily recalling 3.6 Million vehicles due to safety concerns with the cruise control switch. According to the Associated Press, the cruise control, was reportedly linked to fires. Owners will receive notices on August 13, and are encouraged to bring in their vehicles and have the cruise control deactivated until the parts arrive, which should be in October for a few vehicles.
The Ford models affected by the recall are: Bronco 1993, Crown Victoria 1992-1997, Explorer 1999-2001, Explorer Sport 2001-2002, Explorer Trac 2001-2002, E150-350 Vans 1992-1993, E 150-350 Vans 1997-2002, F series pickups 1993, F-150 Lightening 2003-2004, F53 motor homes 1995-2002, Ranger 1998-2002, Taurus SHO 1993-1995, Lincoln Mark VIII 1993-1998, Town Car 1992-1997, Mercury Capri 1994, Grand Marquis 1992-1997, Mountaineer 1999-2001.
Owners with questions can call Ford at 888-222-2751.
Click here to check your Ford vehicle status. Click here to read more from Associated Press.
An interstate bridge jammed with rush-hour traffic suddenly broke into huge sections and collapsed into the Mississippi River Wednesday, pitching dozens of cars 60 feet into the water and killing at least seven people in Minneapolis.
The eight-lane Interstate 35W bridge, a major Minneapolis artery, was in the midst of being repaired and had several lanes closed when it crumbled.
At least seven people were killed and 60 were taken to area hospitals, authorities said. Dr. Joseph Clinton, emergency medical chief at Hennepin County Medical Center, said his hospital treated 28 injured people — including six who were in critical condition.
The bridge was built with a single 458-foot-long steel arch to avoid putting any piers in the water that might interfere with river navigation.
Workers have been repairing the 40-year-old bridge's surface as part of improvements along that stretch of the interstate, According to the Minneapolis Star-Tribune..
Our thoughts and prayers go out to the families of this tragedy. I have driven across this bridge many times and I feel the pain of the residents in Minneapolis. Having traveled this highway on many occasions, I can only imagine the devastation and pain this is causing for commuters. It is something that my friends have told me that could never happen. I have a fear of bridges and typically would get nervous when I crossed bridges like this one and higher ones in the midwest. It may have something to do with my fear of heights and lack of ability to swim. This tragedy has reinforced my desire to learn how to swim. It is sad that it took something like this to make me realize the importance of swimming. I hope that this encourages other readers to learn how to swim. Something like this could happen anywhere, and knowing how to swim would help save a life, not a guarantee, but it would be a good start.
Click here to read more from the Associated Press on the Minneapolis Bridge Collapse.
Attorney Ben Glass, a Northern Virginia Personal Injury attorney and blogger, makes a valid point when he mentions that the insurance industry has been cornering the market on the tort reform discussion for years. The group, People for Profits, sponsored by the American Association for Justice, tries to help fight for the protection of American civil rights and trial by jury. Should the family member of someone that has been seriously injured or killed by a careless medical error or a defective product or drug, be denied the right to hold the wrongdoers accountable?
There is a new funny but eye opening video (a work in progress) on tort reform that was uploaded on You Tube called Fancy Pants. The humor and the message is one that everyone should watch. Regardless of your position on Personal Injury, it gives you food for thought.
Most Personal Injury Attorneys practice law because they want to help their clients and believe in the Justice System. The Florida Personal Injury Attorneys at LaBovick & LaBovick, are commited to helping inured victims get the justice they deserve. If you have a personal injury case in West Palm Beach or throughout the state of Florida, call the Personal Injury Attorneys at LaBovick & LaBovick. The consultation is free and there is no fee unless they recover money for you.
The Private Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide. We handle all serious injuries, car accidents, boating accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com for more injury information
The Supreme Court of Kentucky ruled in Steele v. Jason Congleton, that an auto accident victim is not entitled to damages for pre-impact fear. This was a wrongful death accident involving Melissa Congleton and a tractor trailer being driven for Steele Technologies. On the day of the accident, the tractor trailer was hauling 37,000 pounds of coil. An unidentified car stopped in front of the tractor trailer, causing it to slam on brakes. Immediately, it lost control and the steel coil broke loose, causing it to fall head on into the pick up truck being driven by the accident victim, Melissa Congleton. Unfortunately, Melissa died instantly on the scene from the impact.
The Law Firm, LaBovick & LaBovick, PA., Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide. We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com for more injury information.
The 4th of July is synonymous with picnics, barbecues, parades and fireworks displays. There is also an increase in injuries from backyard grills, bonfires and fireworks.
In 2005, an estimated 10,800 people were treated in emergency rooms for fireworks-related injuries, nearly half of whom were under 15 years old.
Children between the ages of 10 and 14 were at three times the risk of fireworks injuries than the general population. About a third of the injuries were from small firecrackers, 21 percent from bottle rockets and 20 percent from sparklers. In 2004, fireworks caused $21 million in direct property damage.
The National Safety Council advises that the best way to safely enjoy this 4th of July is to watch a public fireworks display conducted by professionals.
However, if fireworks are legal where you live and you decide to use them, be sure to follow these important safety tips:
Never allow young children to handle fireworks.
Older children should use fireworks only under close adult supervision.
Light fireworks outdoors in a clear area away from onlookers, houses and flammable materials.
Light one device at a time; maintain a safe distance after lighting.
Do not allow any running or horseplay while fireworks are being used.
Never ignite devices in a container.
Do not try to re-light or handle malfunctioning fireworks; douse and soak them with water and discard them safely.
Keep a bucket of water nearby to fully extinguish fireworks that don't go off or in case of fire.
The Law Firm, LaBovick & LaBovick, PA., Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide. We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.labovick.com more injury information.
The age old debate about Theme Park safety is in the spotlight. In recent weeks, there have been two theme park tragedies, one involving the severing of a young 13 year old girl's legs below the ankle at a Kentucky Six Flags Theme Park and the other a tragic death of a 21 year old female Theme Park worker in New York. There are several discussions in the media on are theme parks becoming more dangerous and are adequate safety measures in place at theme parks around the country to protect the public?
According to an Associated Press news story, on Foxnews.com, Wendy Goldberg, a Six Flags Spokeswoman, indicated that the accident involving the young 13 year old girl, happened on the Superman Tower of Power. This is any parents worst nightmare, a large piece of heavy machinery harming their child. Thankfully, the young girl, was in stable condition after surgery at Vanderbilt University Medical Center in Nashville, according to an Associated Press article on CNN.com.
The family and friends of Gabriela Garin, a 21 year old Theme Park worker that was killed on the Mind Scrambler at the historic Rye Amusement Park in New York over the weekend, are mourning her death. According to an Associated Press, article, the employer's role in the tragedy, is being questioned by the family. One can't help but wonder if the the safety precaution, created after the July 2004 fatality, were followed properly, would Gabriella would be alive today? Time will tell, if safety measures could have prevented this latest theme park tragedy.
It is sad that it takes tragedies for adequate safety measures to be put in place at amusement parks. Since Amusement parks attracts families, children and people of all ages, should there be uniform safety standards and guidelines for the multi-billion dollar amusement park industry?
The non profit organization, Safer Parks, is a public service organization dedicated to preventing amusement ride injuries through research, information sharing, and advocacy. They try to understand the causes of preventable amusement ride accidents and injuries, and effectively communicate that information to interested consumers, industry members, and governments. They are a consumer advocate group in setting standards and regulations that protect the public safety, with a special emphasis on children. Click here to read the editorial from Kathy Fackler on Regulatory Roulette. The founder of Sparks gives a candid insight into the inconsistencies around the country on government regulations. Over regulation is not necessary, however, safety protocols should be in place so that they are not drastically different from one state to another.
Here is a quick theme park safety fact, as of 2006, the Consumer Product Safety Commission ceased publication of statistical data on injuries associated with amusement rides. The International Association of Amusement Parks and Attractions, IAAPA, the largest international trade association for permanently situated amusement facilities worldwide and is dedicated to the preservation and prosperity of the amusement industry. According to their website, they oppose Bill # H.R. 2320 that set out to restore the jurisdiction of the Consumer Product Safety Commission over amusement park rides which are at a fixed site, and for other purposes. I wonder why they could possibly oppose such a bill? You can read the upbeat stories on their site about Amusement Park injury statistics that sound positive. The site has an interesting study by the National Safety Council on the 2006 Fixed-site Amusement Ride Injury Survey. However, the site does not include studies on deaths at the Amusement Parks. It may be hard to put a positive spin on such a gruesome topic. Enter theme parks at your own risk and be careful. The goal of the amusement park is to provide a fun place where people come, have a good time and spend money. The theme park's goal is to make as much money as possible, in hopes of making huge profits. There is nothing wrong with a corporation making a profit, as long as it is not at the expense of innocent patrons.
As a Personal Injury Law Firm, LaBovick & LaBovick, P.A., our attorneys help injured victims or family members suffering the loss of a loved one due to negligence, wrongful death, or liability find possible answers to personal injury questions. Visit the firm website, LaBovick.com, to learn more about personal injury.
In West Palm Beach, a wrongul death case between a distracted driver using a cell phone and a widowed stay-at-home father, for the death of his wife was settled in court with a jury verdict of $21.6 million.
The accident happened in 2004, when the defendant, Shelia Hulick was involved in a deadly car wreck that took the life of Lesley Beers, wife and mother of two small children. Sheila was reportedly distracted by talking on her cell phone. The widowed husband, Stephen Beers filed a wrongful death lawsuit against Sheila Hulick and the corporation that owned the company car she was driving when Hulick was involved in a rush hour crash that killed his wife.
The defense allegedly turned down a $12 million settlement offer, that being the case, Florida law allows the Plaintiffs to recover the estimated millions that was spent in attorney fees and court costs preparing for the trial. Time will tell if the defendant's attorneys will file an appeal contesting this large wrongful death verdict.
Click Here to read more on th story from the Sun Sentinel.
Our Corporatist Party President and his team of cronies consistently blame “Trial Lawyers” for the ills of America. Yet the moment they are inconvenienced in any way, they run to the court system, hire a multi-office gigantic law firm and sue anyone in their way. Well I am sick of it. The time has come to call them on their own hypocrisy.
What am I rambling about? I am talking about the case Bork v. Yale Club, 07-cv-4826, U.S. District Court, Southern District of New York. A frivolous lawsuit that conservative jurist, failed Supreme Court Nominee, and author of the ultra-conservative, The Tempting of America, The Political Seduction of the Law, Robert Bork filed against the Yale Club for an amount in excess of $1,000,000.00. (Yes, I know Bork is not an official part of this administration, but he is a part of the Corporatist Party taking control of my Republican Party; I can't help but dislike him as well, and this lawsuit didn't help.)
What happened? Mr. Bork was asked to speak at the Yale Club. On his way up to the podium he tripped and bumped his leg. He proceeded to get up on stage and give the speech.
Mr. Bork felt that the Yale Club was obligated to create a small step and handrail for him to use when getting up on the podium. The injury was worth “in excess of” $1,000,000.00 to Mr. Bork, who I am sure feels any inconvenience in his life is worth more then $1,000,000.00.
Isn’t it amazing how many conservatives are willing to ditch their “principles” the minute they are inconvenienced. Not even injured, but merely inconvenienced. Somehow these people rationalize that they are exempt from their own philosophical views of life. Mr. Bork was a member of The American Enterprise Institute. This organization is engaged in the tort "reform" movement. They sit around and espouse how America is being terrorized by an onslaught of frivolous lawsuits. In fact I remember Mr. Bork comparing the Tort System and Plaintiff’s lawyers to pirates stealing from merchants on the high seas.
The personal injury protection debate continues. A local doctor from South Florida has entered the debate on whether to keep personal injury protection Insurance in Florida. In a recent article in The Pensacola News Journal he gives a laundry list of why the PIP insurance is needed. Some of his reasons are valid and have merit. A few weeks ago, a hospital association raised some of the same issues. The health care industry may see a trend the PIP opponents may be missing. This may have something to do with their experience in treating the injured after accidents. On another token, they could be looking out for their own financial interests. There is an old proverb that says "Only a man knows what is in his heart".
Whether or not you want to believe that many people will suffer if this PIP insurance goes away, is a personal choice. However, we all know there are millions of people in Florida and across the country that do not have health care insurance. Over the years, the PIP insurance has allowed injured people to get medical treatment after an accident. In the case of the uninsured injured accident victims, they would be forced to go without medical attention, because they could not afford it. The PIP insurance has been around since the 70's and has allowed the masses to protect themselves and family members injured in accidents regardless of fault. Over the years, the $10,000 cap in medical, loss of pay has come in handy to those Floridians without health insurance.
Time will tell how the sizzling debate on whether to continue the Personal Injury Protection insurance in Florida turns out. The LaBovick Injury Law Blog will continue to update readers on this critical subject with future posts. Stay tuned...
Click Here to read more from the Pensacola News Journal.
The Oklahoma Supreme Court ruled that Dish Network was not liable for injuries sustained by an Oklahoma homeowner. According to a recent ruling, the company owes no duty of care to a homeowner who fell from the roof while trying to repair a satellite dish. The company informed the homeowner, that the repairs were her responsibility, and then gave directions on how to make the repair. The homeowner, Jo Ann M. Lowery, suffered injuries to her left leg and back when she attempted to repair the satellite dish on the roof of her garage. Ms. Lowery filed a negligence action against Dish Network, alleging the company is liable for her injuries because they refused to repair its equipment and directed her to make the repairs.
Click Here to read more of the Oklahoma Supreme Court ruling
The law firm of LaBovick & LaBovick P.A., is committed to the pursuit of justice for victims harmed by the willful or careless conduct of others and whistleblowers who valiantly bring evidence of wrong doing against their employers to the surface. Our single focus is to get clients the results they deserve. We offer a free initial consultation to discuss a case and will always provide our honest opinion about the case in light of the facts, case law, and our experience.
We leverage resources including an experienced staff, investigators, experts and consultants to achieve results for our clients that we represent. We accept cases on a contingency fee basis. If there is no recovery, the client will not be charged a fee.
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People injured by government employees are currently restricted in the amount of damages they can recover without a claims bill being pushed through the legislature. The “cap” now is $200,000.00 per person and $300,000.00 per incident. This has long been viewed as unfair and draconian. Seriously injured folks, catastrophically injured, have been denied full compensation under the current law. Take for instance the case of a North Palm Beach man who was run over by a school bus leaving him unable to care for himself. The town settled the case for 1.9 million dollars but the man is still waiting for his money more than two years later. Very few of these “claims bills” pass and they are politically motivated and controlled by Tallahassee insiders. Reform, however, is on the way. The new proposed system would require municipalities to carry insurance with limits of 3 million per person and 4.5 million per occurrence. Those municipalities that choose to not carry insurance would be subjected the amount a jury would award regardless of the caps. Attorney’s fees would still be limited to 25% of the gross amount. Critics on both sides are complaining. Tort reform advocates see nothing wrong with the current system. Advocates for the citizenry say the new caps are too low. This is an excellent start to hold the municipalities accountable for the negligence of their employees. Obviously, work still needs to be done by the lawmakers to hammer out an acceptable new law, but it’s a start.
The U.S. Supreme Court finally affirmed the Ahlborn decision. Arkansas Department of Human Services. v. Ahlborn, 547 U.S. 268 (2006) (commonly called Ahlborn) is the case that set a formula for Medicaid agencies to recover from third party liability settlements. The new case, called WOS vs. EMA 568 US XXX (March 20, 2013) affirmed that Ahlborn is the preferred system of negotiating Medicaid settlements. In WOS the Supreme Court said that it was wrong for North Carolina to follow a State law which created an “irrefutable statutory presumption” that 33.3% of a tort recovery was the amount necessary to repay Medicaid on their subrogation claim. That is a mouthful. Yet, what does it mean? 
A recent Florida 3rd District Court of Appeal decision illustrates the importance that all those insured must notify their insurance carriers any time a loss occurs. Waiting 5 years for the damages to be realized is definitely a mistake. Even waiting a few months can be a mistake under certain circumstances. Any time there are grounds to suspect a loss has occurred; notification should be made to the insurance company immediately. Even if a claim does not come to fruition, 
The New Year 2013 has begun, and winter break is almost over for the students in Palm Beach County. That means more traffic. Parents commuting their children to and from school, school buses out on the road, and a lot of children walking to and from school.
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As a personal injury attorney, every day I represent innocent prudent drivers that were hurt by the negligence of another. Quite frankly, during depositions, I have heard every possible excuse available from negligent drivers for causing an accident. Someone even once used the excuse that a cockroach was crawling up his leg!
A recent Florida Supreme Court opinion illustrates the complexities and absurdities of 
Homeowners are increasingly qualifying for 
The LaBovick Law Group is pleased to announce that 
We all know that distracted driving is dangerous, yet millions of drivers continue to engage in this dangerous behavior.Distracted drivers are a leading cause of vehicular accidents within the United States. The U.S. Department of Transportation's Distracted Driving 2009 report showed 5,474 fatalities and an estimated 448,000 injuries were due to distracted drivers in 2009.
According to a recent study that appeared in the Canadian Medical Association Journal, the stop-smoking drug Chantix, marketed by Pfizer, appears to increase the risk of serious cardiovascular events. That's not just the case with those who already suffer from heart problems. It appears that Chantix, may increase the risk of such events in those who don't have histories of heart trouble. Several major news sources have been reporting about the study, which is the latest in a long line of eyebrow-raising concerns about the drug.
When the economy gets tough it is a great excuse to find a scapegoat. Facts and figures can be made to dance like pretty figurines. Those figures can fit directly into the American Public’s eye. The new tab line for the US Chamber of Commerce is “We need more job and less lawsuits.”
The San Francisco Bay Area Rapid Transit (BART) settled a 
FIREWORKS CAN CAUSE DEATH OR INJURY: Stay Safe this 4th of July 
Yesterday, I was in New York meeting with the New York State Fraternal Order of Police President Charles Caputo and several members of his executive committee at the State headquarters in Hicksville, NY.
The automobile has brought many positive changes to the modern world, but it's also given rise to a serious epidemic in the United States: pedestrian deaths. In a recent study, Dangerous by Design 2011, published by the 
Parents with small children that use Child Booster seats should be aware that Target has recalled 375,000 of their Circo Booster Seats because the "booster seat's restraint buckle can open unexpectedly, allowing a child to fall from the chair and be injured."
The special master, 
One of the biggest events in the world of injury cases happened in 1992 when 79 year old, Stella Liebeck, spilled hot coffee on herself and sued McDonald's for her burns. The case was 
If you are a parent, grandparent, day care center, crib rental company or hotel, this is important information for you to read regarding new crib safety standards.
Bicycle Safety
A study released by the 
Every surgery has inherent risks, some of which may be inevitable based on the nature of the procedure and the condition of the patient. Patients should have assurance that the medical team is skilled and informed and that the equipment being used is sound and safe..jpg)
In the case, 
The 
If you are a parent or have young passengers in your car using a car seat, please be advised that the National Highway Traffic Safety Administration has revised its child restraint guidelines. The new guidelines for child restraints are to be categorized by age rather than by type of child seat in order to keep pace with the latest scientific and medical research and the development of new child restraint technologies.
A Tour Bus in NYC carrying 33 passengers skidded on its side and flipped leaving 13 people dead and six others critically injured. This bus accident happened at approximately 5:30am Saturday in the Bronx on the Southbound side of Interstate 95 (I-95).
No one heads out on a cruise with the intention of getting hurt, becoming ill or dying. Fortunately, such problems are exceedingly rare; the vast majority of people who embark on cruises return home with nothing more than fond memories and great tans. If you or a loved one is injured while on a cruise, though, it is critical to note that there is a strict statute of limitations in place with most cruise lines. Typically, adults only have one year from the time of their injury to file lawsuits. That's just one reason why it's important to consult with a maritime lawyer.
Studies related to the after effects of the 9/11 World Trade Center explosions continue to detail the catastrophic environmental and human consequences. It is estimated that over a million tons of toxic dust created a 16 acre debris field filled with asbestos, Freon, glass fibers, sulfuric acid and numerous other known carcinogens.
Traffic deaths on Florida Highways are decreasing, according to preliminary data from the Florida Department of Highway Safety and Motor Vehicles. There were 2,430 Florida traffic fatalities in Florida in 2010.This was a decrease from traffic fatalities in 2009, which were 2,563 traffic fatalities. 
Over the past ten years, approximately 57 million durable juvenile products - including items such as strollers, high chairs and playpens - have been recalled due to safety concerns. In some cases, the products have been shown to cause harm; in others, they've been shown to kill. The importance of being aware of such recalls can't be overemphasized. In the past, though, the burden was on parents to keep their ears open for news about recalls. Thanks to legislation that just starting phasing in last month, however, the ball is increasingly in manufacturers' courts. How? Through mandatory, marketing-free registration cards..jpg)
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Takeoffs can be the most fun part of flying. . . . However, they are also the most dangerous. Yesterday the tragic 
It is incredible that young women are still taking Yaz or Yasmin or Ocella. All we hear about these drugs are bad, bad, bad. Given all of the issues, I do not understand why they are still on the market. The power of the drug industry amazes me, that despite all of the serious and life altering side effects which can occur while taking the Yaz trio, doctors are still prescribing these drugs and young women still take them.
The family of a toddler who suffered a severe brain injury in a freak traffic accident will get $20 million in a personal injury lawsuit. The 
A water taxi slammed into a pier Sunday in Seattle, Washington, injuring at least seven people. According to the U.S. Coast Guard rescue workers responded to the boating accident that happened shortly before noon on Sunday. The vessel slammed into historic Pier 50, also known as the Washington Street Public Boat Landing Facility. Reportedly, seven people were taken to the hospital with minor injuries.
On September 6, 2008, eight year-old Ronshay Dugan was riding in the back of a Boys and Girls Club bus when the drowsy driver of a cement truck slammed into the bus. Ronshay later died of head trauma..jpg)
Toyota Motor Corp. urged a U.S. judge to dismiss mass consumer lawsuits over sudden-acceleration claims relating to its vehicles. The company accuses plaintiffs’ attorneys of using anecdotal evidence and failing to identify specific defects in its vehicles.
Approximately 1.6 million traffic accidents happen on roads across the U.S. because people are talking on cell phones. Studies show that eight in ten Americans admit to driving while on their cell phones. 
A Palm Beach County traffic accident involving a Church-Bus and a pickup truck injured four people after the bus lost control and struck the pickup truck over the weekend. The accident happened in Lake Worth on Federal Highway and South Eighth Avenue.
Rarely do I get a chance to discuss baseball on our Injury Law Blog. The following case regarding recent verdict in the wrongful death of a NY Mets Pitcher presented the perfect opportunity.
The Holiday weekend continues to be deadly for boaters on the water. In a tragic boating accident accident on Lake St. Clair, one person was killed and six others hurt, after two boats collided around 1:00 am. The Sheriff's Department is investigating the boating accident and will reconstruct the accident to determine what went wrong in the water. 
Intoxication while operating a boat is never acceptable under any circumstances. On Friday two boaters on separate water crafts went out for an early Fourth of July celebration. Unfortunately for 30-year old Puthuvamkunnath, he will never get this opportunity again. He was killed after a 30-foot boat rammed into his 17-foot boat that was anchored off Liberty Island in New York
The Appellate court ruled that a shore town's law requiring personal watercraft operators to complete an approved boat safety course does not hold a city liable in the death of Jet ski User..jpg)
It is always sad to read about tragic accidents. On May 31, a 20 year old Wellington Resident was having fun visiting Orlando with a group of friends from South Florida. Unfortunately, at 2:50 am, she was a passenger in a Lexus SUV on the Florida Turnpike near Orlando, when her friend lost control of the vehicle. The Lexus SUV rolled over twice, after hitting the guardrail, and ejected passenger Shanique Corbett from the vehicle.
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The City of West Palm Beach is embracing the new trend of traffic light cameras to help issue fines. 
Traffic accidents involving commercial trucks happen everyday, therefore drivers must pay careful attention while on the road. This week in West Palm Beach, there was a truck accident involving an 18-wheeler. According to reports, the driver of the tractor trailer suffered a heart attack. Our thoughts and prayers go out to the driver and his family as he recovers.
In Palm Beach County, there was a fatal t
In response to the circumstances surrounding McNeil Consumer Healthcare’s (McNeil) voluntary recall of multiple well-known pediatric medicines including Children’s Tylenol, the House of Representatives Committee on Oversight and Government Reform opened an investigation into the matter. 
Every day millions of people take the Florida Turnpike to work. Personally, I have a two-hour daily commute on the Florida Turnpike. I use a Sunpass to save time. A Sunpass helps drivers move through the toll lanes with no waiting. On Wednesday, Warren Thomas made his last and final drive on the Florida Turnpike. Thomas went through a Sunpass lane at Mile Marker 63 and tried to back up to get to a tollbooth where change is given. At the same time, a semitrailer truck fatally struck his minivan. He was taken by ambulance to Broward Medical Center where he later died.
Toyota Motor Corporation (Toyota) has suffered another blow to its already tarnished safety record. Following a Consumer Reports “Don’t Buy” warning, the carmaker issued a temporary sales halt on April 14 for its 2010 Lexus GX 460 luxury sport-utility vehicle. Consumer Reports found the popular SUV to be a “safety risk” due to its susceptibility to flip over in certain situations.
Additional fines may be imposed against Toyota Motor Corporation 
U.S. District Court Judge Eldon Fallon of the Eastern District of Louisiana , awarded seven Virginia families $2.6 million in damages for homes ruined by sulfur-emitting drywall made in China, a decision that could affect how lawsuits by thousands of other U.S. homeowners are settled.
The U.S. Department of Transportation (DOT) is seeking the maximum civil penalty of $16.375 million, against Toyota for failing to notify the government about its sticky accelerators in a prompt manner. This would be the the largest civil penalty ever assessed against an automaker by the agency. According to records, Toyota knew about the problem as early as late September 2009 when the problem was confirmed in Europe and Canada but waited until late January 2010 to recall 2.3 million cars in the U.S. for the same issue. This is unacceptable behavior for a company that prides itself on "quality, dependability and reliability".
The Safety Record of mine owner, Massey Energy Company is coming under fire after the recent tragic coal miner deaths at Upper Big Branch mine in West Virginia. Authorities are checking into whether the explosion on Monday could have been prevented, considering several recent evacuations from the mine because of high methane levels and the mine owner’s prior safety record, Rescue workers are currently removing explosive methane gas from the coal mine.
The reliance on cell phones has led to an increase in talking on a cell phone while driving. The National Highway Traffic Safety Administration estimates that at any given moment of the day, 800,000 drivers of passenger vehicles are talking on handheld cell phones. Unfortunately, statistics show driving while talking or texting on a cell phone are two leading driver distractions that cause car accidents. According to a January 2010, report from the National Safety Council an estimated 1.6 million crashes (28 percent of all crashes) are caused each year by drivers talking on cell phones (1.4 million crashes) and texting (200,000 crashes) based on data from the NHTSA and peer reviewed research. 
Millions of people in the United States suffer from some sort of traumatic brain injury (TBI), also referred to as a closed head injury, and may not even know it. TBI’s occur when the brain is subject to trauma. It is medically accepted that a person can suffer from a TBI even if not “knocked out” at the scene of an accident, do not suffer a skull fracture, and even if all diagnostic imaging tests are normal. TBI’s affect the way the brain processes information. The person suffering from a TBI may not be the best historian of their symptoms, and may not even believe they have an injury. Family and friends are usually in a better position to detect the signs and symptoms of TBI, as they are the ones that can see an objective change in the person’s behavior.
Yesterday a Senior Female Driver, age 76 years old, was killed in a 
In continuation of our Series for Brain Injury Awareness Month, we take a look at Brain Injuries in the State of Florida.
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As though it could not get any worse for 
problem. In the meantime, drivers of the named vehicles should immediately remove the mat from the driver’ side and not replace it, until further notified.
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were injured and taken to local hospitals. The carnival portion of the Calaveras County Fair and Jumping Frog Jubilee closed for the evening, but the other parts of the fair grounds remained opened. 