Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Happy Fourth of July!

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.

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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.

The Consumer Product Safety Commission has a detailed report on Amusement related injuries. Click here to read the CPSC report on Amusement related injury updates for 2005.

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.

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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.

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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. 

Among the preemption measures:

• The National Highway and Traffic Safety Administration (NHTSA) declared its rules on seat-belts and roof-crush resistance would preempt state common-law claims, despite previously rejecting the concept.
  
• 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.
  
• The Consumer Product Safety Commission (CPSC) and Federal Railroad Administration (FRA) have been criticized for trying to preempt state law.

Click here to read the report: "The Truth about Torts: Using Agency Preemption to Undercut Consumer Health and Safety".

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.

Testimony from State Representative Donna Stone

Testimony from Professor David Vladeck

Testimony from Attorney Collyn Peddie

Click here to read more from the AAJ on the Judiciary Committee Hearing.

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.

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