Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

In preparing for summer road trips, most drivers take care of the routine maintenance, but frequently neglect some of the more potentially dangerous issues they could face.  

• Missing air bags. A new report from the National Highway Traffic Safety Administration (NHTSA), finds that nearly one in five fatal accidents involves cars with missing air bags. This is something that should concern anyone who has bought a previously owned car. Don't assume you're in the clear just because there are no signs of crash-related damage or repair work -- air bags can deploy as a result of low-speed collisions that may cause little or no damage. Check the vehicle's history using a service such as Carfax, or ask your mechanic to check for signs of prior air-bag deployment.
• Compromised bumpers. If you've had any type of bump or collision, including a minor fender bender, or if you own a used car with an unknown past, this may be a concern. Even if bumpers look fine, they may not be OK. Joe Wiesenfelder, senior editor of Cars.com, says, "If your car has been rear-ended lightly or the bumpers were otherwise struck, have a mechanic or body shop check it out. Nowadays, most bumpers use a dense foam material to absorb impact, but they only work once. Even if they show no signs from the outside, the underlying structure may be compressed, which means the next mishap could cause greater injury and/or damage than the first one did."
• Damaged or rusted brake lines. Brake lines can be vulnerable to rust and breakage. This is especially true if you live in an area with rough winters -- many of the chemicals used to treat roads contain corrosive chemicals that can damage brake lines. Unlike some other brake problems, damaged brake lines don't give telltale signs such as squealing or grinding. When checking your brake lines, look for puddles of leaking brake fluid. If you spot any holes or signs of rust damage, chances are there are other weak points, so it's probably best to replace the entire brake line.

"I would recommend a complete underbody inspection," says Marcus Simmons, president of the Motown Automotive Professionals nonprofit, a group that trains high school students for auto repair. "You want to be sure that the winter snow and ice have not caused any damage."

But this isn't just a winter problem. brake lines and other undercar parts can rust or crack from exposure to rain or damp conditions, such as wet grass. Ask your mechanic about new types of brake lines that are said to be more resistant to chemicals and the elements.

• Damaged headlight lenses. This can reduce your visibility, creating a hazard when you are driving at night or in bad weather. "Scars and scratches on plastic headlight lenses can be caused by slush, road salt, stones, etc.," says John Voelcker, a frequent contributor on auto topics for major magazines and a blogger on GreenCarReports.com. "Check for gouges, cracks or moisture inside the headlight that would indicate the seal has failed, which can make your light less bright and shorten the life of that (expensive) bulb inside."
• Steering and suspension problems. Like brake lines, these parts are susceptible to corrosion and weather-related damage. Carchex spokesman and "MotorWeek" co-host Pat Goss says, "Make sure to check critical steering and suspension parts because harmful winter chemicals can migrate past seals and cause damage. Rough, pothole-ridden roads don't help, either."
• Dying or damaged batteries. Seasonal changes can be a death sentence for weak batteries. Goss says, "Lots of drivers are conscious of checking car batteries in the fall, but it's also important to check them in the spring because any temperature extreme can push a weak battery over the edge."
• Animal damage. During the winter, animals like to seek shelter from the elements, and you might be surprised to learn that the engine area of your car is a pretty inviting place. If your car has been sitting for an extended period of time, animals may have been hiding or nesting there for quite a while, without you even realizing it. Squirrels are the most common culprits, but any type of animal can cause problems. Look for stashes of leaves, twigs or nuts under your hood or near your car. This might be a red flag that animals have set up a winter home near your engine. If you discover this, you need to examine the wiring, hoses and other engine parts for signs of chewing or other animal damage.
• Underinflated tires. Tires that aren't properly inflated are prone to blowouts and can also make the car harder to control. From an economic standpoint, underinflated tires also wear out faster and waste fuel, causing drivers to lose as many as 2 million gallons of gas per day, according to Ford spokesman Wes Sherwood. "Properly inflated tires can help improve gas mileage by 3 (percent) to 4 percent," Sherwood says. Wiesenfelder says, "Tires can be underinflated even though they look fine, so be sure to check the pressure regularly. The recommended tire pressure will be listed on the driver's doorjamb, not on the tire itself. The tire pressure listed on the tire is (the) maximum pressure the tire can hold, not (the) recommended pressure. Be sure to follow the recommended pressure and to check the tires when cold." Read more about proper tire maintenance here.
• Cooling system problems. Unlike the air-conditioning system, which is mainly designed for passenger comfort, the cooling system is responsible for keeping your car's engine cool. That's important because an overheated engine can leave you stranded on the side of the road. "A properly functioning cooling system is critical to engine operation," says a Subaru of America spokesman. "It is recommended that the cooling system and hose connections be checked frequently for leaks, damage or loose connections."
• Damaged drive belts/serpentine belts. These are parts you tend to forget about -- until they get your attention in a big way. "If the belt snaps, you could lose power steering, which results in a hard-to-steer vehicle; a water pump, resulting in overheating; or a nonfunctioning alternator that could stall the engine," says Wiesenfelder. "Have the belts inspected at the recommended intervals. When you go in for an oil change, the technician will typically look at these anyway, but be sure they are checked, especially on higher-mileage vehicles."

Source: Bankrate.com

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College presidents across the country believe that excessive drinking by college students is the number one campus-life problem.  Some of the obvious dangers of student alcohol misuse include:

• harm to those who drink to excess;
• negative impacts on non-drinking students and those who drink responsibly;
• damage to the college reputation.

According to requirements of the Federal Drug-Free Schools and Communities Act and its 1989 amendments, institutions that receive Federal funds:

• "Implement an alcohol and drug education program;
• Define a policy that prohibits the unlawful possession, use, and distribution of alcohol and other drugs;
• Share information about alcohol and drug treatment programs available to students and employees;
• Adopt disciplinary sanctions for students and employees who violate the school’s policy on alcohol and drugs; and
• Ensure that the disciplinary sanctions are consistently enforced."

Because of the fear of consequences from violating rules regarding campus drinking, underage drinkers sometimes put themselves and others in danger.  In response, some schools have addressed this issue as they try to avoid sending a message of permissiveness about illegal underage alcohol and binge drinking without scaring students into inaction when a situation becomes dangerous.

A number of schools are adopting a "Good Samaritan" rule so that in medical emergencies, violations of campus alcohol policies will not necessarily be enforced. The University of Maryland recently endorsed a Good Samaritan Rule for a one-year trial basis. Other colleges, including George Washington University and the University of Virginia, have good Samaritan rules that provide either a break or amnesty to students who seek help in a medical emergency.

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The recent tragic death of Mike Tyson's young daughter as a result of a treadmill accident highlights the vigilance necessary by parents of young children.  Treadmills are the most popular workout machine in the country. Many homes with treadmills also have young children, a combination that potentially can be extremely dangerous.

About 1,000 children under 14 die of unintentional strangulation each year, 88 percent of whom are under 4 years old, said Larry Stone, founder of Safety Matters, a company that specializes in childproofing homes.  Stone said injuries involving treadmills were fairly common, but said he had never heard of strangulation involving a treadmill.

"All injuries are preventable. There are ways to babyproof your home," Stone said. "I think that largely it is a matter of taking care of the more straightforward things ... making sure there are no cords from the windows hanging and certainly keeping the child in view."

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By Victor E. Long, Esq. 

What's all the rage with young athletes this summer? Hospital visits.  With more than 30 million children playing organized sports in the United States today, the opportunity for injury is on the upswing. Almost 1.9 million children under 15 years old were treated in emergency rooms for sports-related injuries in 2002, says the most recent information available from the Centers for Disease Control and Prevention. Another 2 million children were treated that year for less-serious sports injuries.

At present, there are several large-scale injury surveillance systems.

The National Athletic Trainer's Association provides excellent, comprehensive, guidance and is highly recommended for anyone involved in youth sports.  Their abbreviated guidelines are as follows:

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According to the U.S. Consumer Product Safety Commission, more that 164,000 individuals are treated each year following injuries related to ladder accidents. CPSC provides safety tips to prevent ladder injuries:

• "Make sure the weight your ladder is supporting does not exceed its maximum load rating (user plus materials). There should only be one person on the ladder at one time.
• Use a ladder that is the proper length for the job. Proper length is a minimum of 3 feet extending over the roofline or working surface. The three top rungs of a straight, single or extension ladder should not be stood on.
• Straight, single or extension ladders should be set up at about a 75-degree angle.
• All metal ladders should have slip-resistant feet.
• Metal ladders will conduct electricity. Use a wooden or fiberglass ladder in the vicinity of power lines or electrical equipment. Do not let a ladder made from any material contact live electric wires.
• Be sure all locks on extension ladders are properly engaged.
• The ground under the ladder should be level and firm. Large flat wooden boards braced under the ladder can level a ladder on uneven ground or soft ground. A good practice is to have a helper hold the bottom of the ladder.
• Do not place a ladder in front of a door that is not locked, blocked or guarded.
• Keep your body centered between the rails of the ladder at all times. Do not lean too far to the side while working.
• Do not use a ladder for any purpose other than that for which it was intended.
• Do not step on the top step, bucket shelf or attempt to climb or stand on the rear section of a stepladder.
• Never leave a raised ladder unattended.
• Follow use instruction labels on ladders."

Following are additional common sense recommendations from the American Academy of Orthopaedic Surgeons for safe ladder use.  

• Use the correct ladder type and size;
• Inspect the ladder for damage before using it;
• Move the ladder safely;
• Set up the ladder away from obstacles and on a solid surface;
• Follow the recommended height for the ladder;
• Use the ladder safely.
  
  • "Face the ladder while climbing and stay in the center of the rails. Grip both rails securely while climbing.
  •  Do not lean over the side of the ladder. Your belt buckle should not be further than the side rail.
  • On single or extension ladders, never stand above the third rung from the top and never climb above the point where the ladder touches the wall or vertical support.
  • On stepladders, never stand on the paint shelf, spreaders or back section.
  • Never stand on the top rung of any ladder.
  • Do not overreach. It is safer to move the ladder to a new location when needed. Do not try to "jog" or "walk" the ladder to a new location while standing on it. Climb down and reposition the ladder.
  • Do not overload a ladder. It is meant to be used by only one person at a time.
  • Never use a ladder in high winds.
  • Do not use any ladder if you tire easily, are subject to fainting spells or are using medications or alcohol that make you dizzy or drowsy.

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If Chrysler's bankruptcy is approved by Congress, owners of Chrysler, Jeep or Dodge vehicles may find themselves without the right to seek compensation for serious injuries caused by car defects.  The New York Times has recently published an interesting article concerning this hot topic. 

Under the proposed plan, Chrysler identified the obligations the new entity would assume and those it would leave behind. The proposed bankruptcy plan calls for the new Chrysler to honor existing new-car warranties. There is no promise, however, that it will be responsible for future product-liability suits brought by owners of vehicles sold before the automaker filed for bankruptcy.   

As the article states:  "[T]he Chrysler plan raises a question about why the new Chrysler, the successor to the old company, should be released from liability for product defects at the expense of consumers who may suffer future harm, said Norman I. Silber, a law professor at Hofstra University who specializes in consumer law.“Not only is there a moral claim to be made on behalf of consumers, but there is probably also a legal claim that it is not right,” Mr. Silber said. 

Concerned consumer groups, such as Public Citizen, the Center for Auto Safety, Consumer Action, Consumers for Auto Reliability and Safety and the National Association of Consumer Advocates have begun to lobby against the bankruptcy plan.  

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Posted by Paul Cornoni

The National Highway Traffic Safety Administration (NHTSA) advised Congress recently that it plans to require safety belts on commercial buses.   This is a much needed measure which will help protect innocent passengers on buses.  Our firm has previously blogged about this topic and the dangers of bus and truck accidents.

In 2006, more than 630 million people took trips on motor coaches -- almost as many as traveled by airplane.  "There are fewer NHTSA safety standards for motor coaches than for any other motor vehicles regulated by the agency," said Joan Claybrook, a former NHTSA administrator and long-time auto safety advocate.  

Since 1998, the National Transportation Safety Board (NTSB) has investigated 33 motor coach accidents involving the ejection of 255 passengers, and it has called on NHTSA to improve protections for commercial buses since 1999.

Unfortunately, the District of Columbia has suffered its share of tragedies as the result of bus accidents.  Only just recently, our firm, successfully obtained a $2,950,000 settlement on behalf of the estate of a woman who was killed by a bus while walking across the street.    

For additional information concerning bus safety, please feel free to email our firm or call 202-463-3030.

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As recently posted on Welcome to the Fast Lane, the Official Blog of the U.S. Secretary of Transportation, bicycling is only healthy when you ride safely:

"It's clear that bicycling is good for the environment...when it takes vehicles off the road. It's also clear that bicycling is good for your health...when you practice safety.

May is National Bike Safety Month. As this Administration works to develop environmentally-sound transportation options, making our streets more bike-friendly is high on the list. Our roads and communities must be built to allow people to get around safely outside of their cars, on bike or on foot.

But, as more people take to bicycling, that idea can only be sound when drivers and cyclists help each other share the roads safely.

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"The following safety tips provided by Electrical Safety Foundation International (ESFI) can help people identify and avoid these fraudulent products:

• Use established vendors and authorized retailers. Buy electrical products from reputable retailers who get their goods from legitimate distributors and authorized manufacturers. Avoid buying electrical products at flea markets or bargain warehouses.
• Exercise caution in online transactions. Do your homework when conducting business online. Be especially wary of buying electrical products directly from unknown companies or unauthorized sellers, particularly in countries like China, where counterfeiting is a serious issue.
• Check for certification marks. Quality electrical products sold in the United States should be certified by nationally recognized testing laboratories for safety. Look for certification marks from laboratories such as Underwriters Laboratory (UL), Canadian Standards Association (CSA) or Intertek (ETL-SEMKO).

Scrutinize labels and packaging. Product packaging and warning labels offer a valuable source of information. Make sure that labels and packaging are free of grammatical errors and that any information provided is consistent with information elsewhere on the package.

Avoid products that lack any identifying brand label or affiliation. Make sure that the name and contact information of the product manufacturer are clearly displayed on the packaging or the product. If this information is missing, then consider an alternative product or retailer.

Trust your instincts. Beware of bargains that seem too good to be true. Counterfeiters often skimp on materials and key-manufacturing steps to cut costs, allowing them to be sold at prices no genuine brand manufacturer can match.

Be proactive. Organizations such as the Consumer Product Safety Commission (CPSC) and Underwriters Laboratories (UL) provide up-to-date information about product recalls on their Web sites. Working together to promote education and awareness, we can help to prevent the devastating electrical injuries, fatalities, and fires that are being caused by counterfeit electrical products.

To learn more about the Electrical Safety Foundation International (ESFI) and counterfeit electrical products, visit www.electrical-safety.org."

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The Consumer Product Safety Commission recently announced Hewlett-Packard is voluntarily recalling 70,000 lithium-ion batteries that shipped with several models of its HP and Compaq laptops.   According to the CPSC, two separate reports of batteries that  "overheated and ruptured, resulting in flames/fire that caused minor property damage" but no injuries.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The Associated Press (AP) reports that the Consumer Product Safety Commission (CPSC) and the Eddie Bauer company have recalled nearly "76,600 Eddie Bauer Soothe & Sway Play Yards, sold in the U.S. and Canada and distributed by Dorel Juvenile Group Inc., of Columbus, Ind., because of a suffocation hazard to an infant." (emphasis added).  According to the recall, the play yard's "rocking bassinet" attachment has the propensity to tilt when secured by straps, causing it to stay tilted without returning to a level sleeping surface while the product is in its rocking mode. A tilted sleeping surface can cause an infant to roll and become wedged in the side or corner of the product, "presenting a risk of suffocation or positional asphyxiation," according to the report.

Although no deaths, thankfully, have been reported, Eddie Bauer and the CPSC have received ten reports of "infants rolling to one side, including 6 reports of infants who had their faces pressed against the side or the bottom of the bassinet," according to the report. "One child reportedly was turning purple and was out of breath when discovered."

Please note that the recall involves all units with model No. 05046, as well as all units with model No. 05044 which were manufactured  prior to December 1, 2008. More details can be found at http://www.cpsc.gov.

Our firm has experience pursuing cases for children that involve tragic product defects.  If you think your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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Posted by Paul Cornoni

Mother Jones published a sad piece on the ineffectiveness of dangerous product recalls concerning unsafe cribs.  Our firm has recently blogged about this issue as well.  

A Mother Jones investigation demonstrated that, too often, the recall system fails. "While manufacturers make use of their resources and marketing savvy to sell a crib, they do not always make the same effort later to tell consumers that the same crib could be deadly.  The CPSC, the federal agency charged with overseeing recalls, can't make them. Underfunded, understaffed, and buffeted by political forces, the CPSC depends too heavily on the news media to warn consumers about potentially dangerous products."

Sadly, many children are harmed each year due to dangerous products. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.  Also, please note the following important contact information concerning dangerous products:

CPSC Consumer Hotline: 1-800-638-2772, www.cpsc.gov; Kids in Danger, P.O. Box 146608, Chicago, IL 60614, www.kidsindanger.org.

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Kids In Danger (KID) is a nonprofit organization dedicated to protecting children by improving children's product safety.

Toxic Toys and Faulty Cribs, a new report released by Kids in Danger, along with US Representative Jan Schakowsky and Ilinois Attorney General Lisa Madigan examines children's product recalls in 2008,  recall effectiveness at CPSC and  suggestions for child safety.  “These products together caused at least 210 injuries and seven deaths,” said Nancy Cowles, executive director of Kids In Danger. “And those incidents include only those already reported at the time of the recall. More needs to be done to protect children from these hazards."

“We are obligated to protect our children from the dangers of the world when the solutions are as obvious as they are with toxic toys,” said Rep. Jan Schakowsky. “By increasing oversight and enforcing accountability on manufacturers we will provide parents with greater peace of mind and children with toys they can enjoy.”

Highlights from the report include:

• "Toys were the largest category of recalled children’s products comprising 41 percent.
• Despite the scrutiny on lead in 2007, 36 percent of the recalls were for lead paint hazards.
• There were five recalls of over one million products with over 18 million units recalled in total.
• Two-thirds of the recalled products were made in China, four percent were made in the U.S.
• Evenflo had the most injuries prior to a recall—94 in its Majestic High Chair.
• Twelve cribs, a record number, were recalled, involving eight injuries and five deaths.
• While CPSC requires monthly updates on Corrective Action Plans, research showed that many companies simply don’t file the report or don’t fill in the requested information. For those that do, the numbers show that most recalled products remain in the hands of consumers."

For information about your legal rights regarding injuries from defective products, please contact Regan Zambri & Long or call (202) 463-3030.

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Posted by Paul Cornoni

As the warm months approach, it is important to review a few key water safety tips for children. Please refer to our prior blog on pool safety as well.  According to the National Safety Council, over 3,000 people die by drowning each year and children age four and younger have the highest death rate due to drowning.  A child can drown in one inch of water. Most drowning and near-drowning incidents occur when a child falls into a pool or is left alone in the bathtub. Bathtubs, buckets, toilets, and hot tubs present drowning dangers as well. Never leave a child alone near water.

Water safety for children is vital and it is a good idea to learn children's water safety and to enroll children over the age of three in swimming lessons taught by qualified instructors, such as American Red Cross certified programs.  However, even children who have successfully completed lessons or who are strong swimmers should always be supervised.

 A few important safety tips for parents as published by mychildsafety.net:

• Always keep your swimming pools fenced and locked.
• Pool owners should invest in a pool alarm.
• Always remove covers from pools before swimming. Partially covered pools are dangerous and crucial to children's water safety.
• Never take your eyes off your child even if he/she isn’t swimming.
• Make sure diving boards are securely anchored and well constructed.

For information about this topic or your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

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On May 6, 2009, Wal-Mart agreed to pay nearly $2 million and improve safety at its 92 New York stores as part of a deal with prosecutors to avoid criminal charges in the trampling death of a temporary worker last year.  Jdimytai Damour, a maintenance worker, was trampled to death while working at the front of a Wal-Mart store on November 29, 2008--the morning after Thanksgiving.  Nassau County District Attorney Kathleen Rice said that if she had brought criminal charges against the retailer in the worker's death, the company would have been subject to only a $10,000 fine if convicted. 

Instead, Wal-Mart has agreed to implement an improved crowd-management plan for post Thanksgiving day sales; establish a $400,000 victim's compensation fund; and give $1.5 million to local non-profit groups.  

Wal-Mart stated that the new plan would focus on three areas: customer approach and entry into a store, customer flow through the store and around promotional merchandise and flow through checkout areas.

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By Victor E. Long, Esq.

 Associated Press-iVillage poll suggests many women also think they're fat when they're not.  The poll reveals that there’s a major disconnect between body image and true physical condition. Many women who say they are dieting are avoiding healthy fruits and veggies.  The priorities are flipped," says Dr. Molly Poag, chief of psychiatry at New York's Lennox Hill Hospital.  She points to women athletes as much better role models than super models.  "There's an undervaluing of physical fitness and an overvaluing of absolute weight and appearance for women in our culture."

About a quarter of the women surveyed said they'd consider plastic surgery to feel more beautiful. Their overwhelming choice: a tummy tuck.  "There isn't any quick fix," says Dr. Nieca Goldberg, who directs the women's heart program at the New York University Langone Medical Center.A tummy tuck is cosmetic, removing just some surface fat, and a far cry from more radical surgeries like stomach stapling that are reserved to help the health of the very obese.

The questions and results for this poll are available.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

An accident survey conducted by PlaneCrashInfo.com of 1,843 aircraft accidents from 1950 through 2006 established "the causes to be as follows:

• 53%: Pilot error
• 21%: Mechanical failure
• 11%: Weather
• 8%: Other human error (air traffic controller error, improper loading of aircraft, improper maintenance, fuel contamination, language miscommunication etc.)
• 6%: Sabotage (bombs, hijackings, shoot-downs)
• 1%: Other cause

The survey excluded military, private, and charter aircraft."

It's possible that the recent fatal airplane crash involving Continental Flight 3407 was at least in part due to pilot error, according to today's Washington Post report.  A co-pilot was reported to have been "shocked" and potentially panicked when the windshield of the plane starting taking on ice, a major safety problem.  Among other things, the pilots starting telling stories about their experience (or lack of it) dealing with icing, potentially distracting them from a serious hazard.  The "pilots' talking violated federal rules that limit conversation in the cockpit to operational matters, particularly during takeoff and landing", stated the report.

The Continental flight went down on February 12, and it took more lives (50 in all) than any U.S. transportation disaster in the last seven years, according to the National Transportation Safety Board (NTSB).  NTSB just yesterday began public hearings into the incident. "Safety investigators have already said the ice had a minimal impact on the plane's performance; instead, the focus is on how the pilots reacted", comments the Post article.

To read the entire report, please click here.

Whether operating a a lawn mower, passenger vehicle, large commercial tractor-trailer, or a plane, operators must be sure they are abiding by applicable safety standards, and must further use common sense.  Some accidents can and should be avoided if proper care is taken.  If not, tragedy can result.

Senior partner Salvatore Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in airplane and other vehicle crashes.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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As spring arrives, most homeowners begin the annual task of clearing winter debris and preparing their home for spending more time outdoors.  Frequently, injuries result as muscles long dormant during the winter months experience much more activity in a brief period of time than usual.  A recent column by a physical therapist and yard keeper in the Gloucester Daily Times provides some common sense advice for preventing injury doing spring yard work.

• "Weeding is one of the most labor-intensive outdoor jobs and is responsible for more low-back injuries seen in a physical therapy clinic than almost any other springtime activity. Repeated pulling at stubborn weeds creates a strain in the lumbar discs. With your back in an already compromised, bent-forward position, one good yank at a tough weed may be enough to bulge a disc. A half-kneeling position is a much safer way to pull weeds.
• Setting out lawn and patio furniture often requires a bit of heavy lifting. Whenever possible, grab an extra set of hands to help with awkward or heavy items. Many hands makes a healthy back.
• Not all the planting needs to be done at once. ...[S]everal consecutive hours of planting leaves you at risk for straining muscles, ligaments or other tissues. These strains often sideline people for weeks at a time. Breaking up the planting into small increments minimizes your risk of injury and maximizes your chance of having everything you want in your garden.
• Raking and cleaning up debris takes a lot more energy than it is often credited. When raking sticks and leaves, take slow, steady strokes with the rake. This ensures that you don't burn too much energy and increases the chance that your body mechanics will stand up to the task of debris detail.
• Pruning hedges with heavy sheers is an easy way to acquire rotator cuff tendonitis. Over extending your arm with a heavy object in your hand is a quick recipe for a tendon injury. When trimming back bushes, keep the sheers close to your body and try to keep your shoulders at or below ninety degrees of elevation. This position protects the delicate rotator cuff from tearing. A surgical repair of the rotator cuff is followed by a lengthy and uncomfortable rehabilitation, so shield yourself from harm before it happens.
• Take breaks frequently. Many injuries result from overly tired muscles. When a muscle becomes fatigued, its ability to stabilize a joint or create enough force to accomplish a routine task diminishes considerably. It is at this point that people risk injuries such as discs, nerves and tendon tears.
• Change activities whenever possible. Repetitive activities wear down body parts. Changing your activity every thirty minutes is an easy way to avoid a repetitive strain injury."

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The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. We have reproduced the news release by CPSC in its entirety below.

News from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
March 10, 2009
Release # 09-145 Firm’s Recall Hotline: (866) 533-9817
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
 

Name of Product: Maytag®, Jenn-Air®, Amana®, Admiral®, Magic Chef®, Performa by Maytag® and Crosley® brand refrigerators

Units: About 1.6 million

Manufacturer: Maytag Corp., of Newton, Iowa

Hazard: An electrical failure in the relay, the component that turns on the refrigerator's compressor, can cause overheating and pose a serious fire hazard.

Incidents/Injuries: Maytag has received 41 reports of refrigerator relay ignition, including 16 reports of property damage ranging from smoke damage to extensive kitchen damage.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

On-the-job automobile collisions are consistently the leading cause of work-related fatalities in the America.  According to the National Institute for Occupational Safety and Health, there are  5,700 deaths at work each year, and 35% of the fatalities are associated with motor vehicles.  According to its website, on average during the years 2002 through 2007:

• "1371 workers died each year from crashes on public highways
• 330 workers died each year in crashes that occurred off the highway or on industrial premises.
• 363 pedestrian workers died each year as a result of being struck by a motor vehicle."

To read the entire report, please click here.

According to data from the Bureau of Labor Statistics, in 2007, nearly 3.9 million American workers were employed as motor vehicle operators.  According to the data, more than 40% of these workers were employed as heavy truck (including tractor-trailer) drivers.  These jobs can be very dangerous, not only to the workers themselves, but to the public generally.

We encourage employers to hire, supervise, and train their employees properly to avoid reckless conduct that leads to severe injuries or death.

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to the Centers for Disease Control (CDC), 13,470 people died in 2006 as a result of "alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States. Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver."  Here's what is recommended:

• Plan ahead - have someone designated a non-drinking driver in advance of celebrations;


• Take the keys -  Do not let a family member, friend, or acquaintance drive if impaired;


• Be a helpful host -  remind guests to plan ahead with a designated driver, offer alcohol-free beverages, and be sure your guests leave with a sober driver.

To read the entire CDC report, please click here.

Drinking while driving is extremely dangerous, yet it happens all too often.  Such recklessness leads to devastating consequences.  We encourage our readers to drive sober and be careful not to get in a car that will be operated by a person who has been drinking.

Mr. Zambri authored an article regarding how automobile accident cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Highway incidents involving automobiles is the number one cause of work-related deaths, reports the National Institute for Occupational safety and Health.

  According to the institute,

"During the 1995 to 2002 period, 844 workers were killed while working at a road construction site. During this same period there were 9325 deaths in the construction industry. The 844 worker deaths in road construction represent 9% of all deaths in construction."  More than half of these deaths related to workers being struck by automobiles or other mobile equipment. 

To read the entire report, please click here.

We encourage employers to hire, supervise, and train their employees properly so they can be effectively protected while doing their jobs.  We encourage employees to take all necessary precautions to be safe. 

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.  He also authored a workers-compensation manual that describes the rights of injured workers.  To read the manual, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The leading cause of death among children in America is automobile collisions.  "1,335 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 184,000 were injured," according to the Centers for Disease Control (CDC). That's four deaths every single day.  Many of these deaths, however, are preventable.

"Placing children in age– and size–appropriate car and booster seats reduces serious and fatal injuries by more than half," claims CDC, relying on data from the National Highway Transportation Safety Administration (NHTSA).  Here's what is recommended:

To read the entire CDC report, please click here.

Mr. Zambri authored an article regarding how automobile accident cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030. 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

More teens die from automobile collisions than any other cause.  Motor vehicle crashes account for 36% of all teen deaths in the United States, according to the Centers for Disease Control (CDC).  "In 2004, 4,767 teens ages 16 to 19 died of injuries caused by motor vehicle crashes (CDC 2006)." The CDC reports that teen drivers between ages 16 and 19 are four times more likely to crash than older drivers. This problem can be remedied, however.

Research relied upon by CDC suggests when the most strict and comprehensive graduated driver licensing (GDL) systems are used, fatal crashes are reduced by 38% and non-fatal crashes are reduced by 40%, when comparing 16 year old drivers. GDLs are designed to give teens practical and necessary experience under low-risk conditions, best preparing them for real-life, higher-risk conditions.

We encourage parents and guardians to insist on GDLs and use the basic principles of GDL to help teen drivers gain valuable experience before driving under high-risk conditions.  It could be a matter of life and death.

You can read the National Safety Council’s Teen Driver: A Family Guide to Teen Driver Safety* for helpful tips and suggestions.

To read the entire CDC report, please click here.

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here. 

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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The FDA has issued a nationwide recall of  Fun Express Water-Based Face Paints for Children due to reports of skin reactions in children.  The reactions include rashes, itchiness, burning sensation and swelling.  We have reproduced the FDA recall notice in its entirety below:

"The Food and Drug Administration is advising consumers to stop using certain cosmetic “Face Paint” items labeled as distributed by Oriental Trading Co., Omaha, Neb., due to adverse event reports of skin reactions in children. These items were distributed nationwide.

The FDA has learned of a cluster of adverse events in children exposed to various colors of the face paint. All exposures occurred on the same day at an organized event and included rashes, itchiness, burning sensation, and swelling where the face paints were applied. Significant microbial contamination was indicated in most of the products in testing by an FDA laboratory.

The following Face Paints manufactured by Shanghai Color Art Stationery Company Limited, Shanghai, China, are being voluntarily recalled by Fun Express Inc., a wholly-owned subsidiary of Oriental Trading Co.:

Item Number                Product Description            Universal Product Code (UPC)

85/2077                            Blue Face Paint                           8 8760048110 7

85/2078                          Purple Face Paint                         8 8760048112 1

85/2079                           Red Face Paint                            8 8760048114 5

85/2080                       Orange Face Paint                          8 8760048116 9

85/2081                           Black Face Paint                          8 8760048118 3

85/2082                          Green Face Paint                          8 8760048120 6

Fun Express Inc. is recalling the face paints from the market and FDA advises consumers to stop use of these products and discard them or return them to the retailer.

The FDA encourages consumers and health care providers to report any adverse events from face paints to the FDA as well as to state and local health authorities.

Adverse events and product quality problems can be reported to FDA's MedWatch Adverse Event Reporting program:

• online at www.fda.gov/MedWatch/report.htm
• by calling 1-800-FDA-1088
• by returning the postage-paid FDA form 3500 (which may be downloaded from www.fda.gov/MedWatch/getforms.htm)
• by mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787
• by fax 1-800-FDA-0178"

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The League of American Bicyclists is promoting Bike-to-Work Week from May 11-15 and Bike-to-Work Day on Friday, May 15.

Bike helmet use could prevent 45,000 head injuries to kids

"Spring has arrived and families are gearing up to enjoy the outdoors on their bikes. While inflating the tires and checking the brakes are important — a helmet is essential.

Each year, approximately 135 children die from bicycle-related injuries and more than 267,000 nonfatal bicycle injuries occur. Helmets can reduce the risk of severe brain injuries by 88 percent; however, only 15 to 25 percent of children 14 and under usually wear a bicycle helmet.

Sometimes children mistakenly believe that they don’t need to wear helmets when they’re riding near home. Unfortunately, about 53 percent of vehicle-related bike deaths to children happen on minor roads and residential streets.

A helmet should also be labeled to indicate that it meets the standards set by the U.S. Consumer Product Safety Commission. “As long as it’s certified, let kids pick out their own helmets. If they think a helmet looks cool, they’ll be more likely to wear it when you’re not around.”

• Make sure the helmet fits and your kids know how to put it on correctly. A helmet should sit on top of the head in a level position, and should not rock forward and backward or side to side. The helmet straps must always be buckled, but not too tightly. Safe Kids recommends the “Eyes, Ears and Mouth” test:

EYES: Position the helmet on your head. Look up and you should see the bottom rim of the helmet. The rim should be one to two finger-widths above the eyebrows.

EARS: Make sure the straps of the helmet form a “V” under your ears when buckled. The strap should be snug but comfortable.

MOUTH: Open your mouth as wide as you can. Do you feel the helmet hug your head? If not, tighten those straps and make sure the buckle is flat against your skin.

• Make sure the bike is the right size for the child. There should be about 1-inch of clearance between the bike frame and the child’s groin when the child’s feet are flat on the ground. Also, make sure the bike is in good repair — reflectors are secure, brakes work properly, gears shift smoothly, and tires are tightly secured and properly inflated.
• Remember, bike helmets are for biking. Kids should not wear bike helmets on the playground (where the straps can get caught on equipment and cause injury) or for activities that require specialized helmets (such as skiing or football).
• Model and teach proper bicyclist behavior. Ride on the right side of the road, with traffic, not against it. Stay as far to the right as possible. Use appropriate hand signals and respect traffic signals, stopping at all stop signs and stop lights.
• When in doubt, get help. The sales staff at any bicycle shop or outdoor recreation store should be able to provide expert advice on fitting and adjusting bikes and helmets."

The single most effective safety device available to reduce head injury and death from bicycle crashes is a helmet. For more information about bicycle safety, call 937-641-3385 or visit www.usa.safekids.org. National Bike Month has been coordinated annually since 1956 by the League of American Bicyclists; for more information, visit www.bikemonth.org.

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By Victor E. Long, Esq.

Many older people fear hip fractures -- and with good reason. Of all types of fractures, hip fractures have the most significant impact on the quality of life. An alarming 20–25% of people over age 50 who break a hip will die within a year.

A hip fracture usually occurs when a persons fall from a standing position, with the hip taking the impact of the fall, although less traumatic falls also can cause hip fractures  According to Johns Hopkins University,  90% of hip fractures are the result of a fall.

Here are some simple steps you can take to reduce the likelihood of falling:

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Posted by Paul Cornoni

Families of persons killed by trucking accidents are lobbying Congress to halt the trucking industry's efforts to allow heavier, longer trucks on the roads.  This interesting story is being reported by MSNBC.  The families are coming together to form safety groups, including Citizens for Reliable and Safe Highways (CRASH) and the Truck Safety Coalition. 

As MSNBC reports: "The group is particularly opposed to proposed increases in truck weight limits from 80,000 pounds to 97,000 pounds, a more than 20% increase. The industry argues that trucks have gotten safer, that bigger trucks means less of them on the road and that the number of truck-related deaths decreased from 2007 to 2009."   

The families have argued that even though deaths may have decreased from 2007 to 2009, nearly 5,000 people per year are dying as a result of truck accidents.  For more of this interesting story, please follow this link. 

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By Victor E. Long

The FDA has issued guidelines on the disposal of prescription drugs.  The Kaiser Family Foundation states that the average American takes more than 12 prescription drugs annually, with more than 3.8 billion prescriptions purchased each year,

Previously, three federal agencies--the White House Office of National Drug Control Policy, Department of Health and Human Services and Environmental Protection Agency--jointly released new guidelines in February designed to help people safely trash their prescription  drugs.

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Posted by Paul Cornoni

CNN is reporting that President Obama has selected Inez Tenenbaum to head the Consumer Product Safety Commission (CPSC).  Ms. Tenenbaum has recently served two terms as South Carolina's superintendent of education. It appears that Ms. Tenenbaum's top priority will be to protect children from being harmed by dangerous products.         

CPSC's mission statement, as stated on its website, is the following:

"The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years."

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"America's Seat Belt Program

Click It or Ticket (CIOT) is the most successful seat belt enforcement campaign ever, helping create the highest national seat belt usage rate of 83 percent. Coast to coast, day or night, the message is simple - Click It or Ticket.

CIOT National Mobilization
The cornerstone of NHTSA's seat belt communications program is the national Click It or Ticket May Mobilization. The primary audience continues to be men ages 18 to 34, which research shows are less likely to wear seat belts.

Day and Night, Cops are Cracking Down
Every year during this holiday period, 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 - Click It or Ticket.

National Communications Strategy
For more information about the CIOT Campaign and national occupant protection communications plan, please see below:

* CIOT Mobilization Timeline
* CIOT Mobilization and Crackdown Dates"
 

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Posted by Patrick Regan and Paul Cornoni

David Lazarus, of The Los Angeles Times, published an excellent piece concerning the issue of forced arbitration.  As the article states: "If you have a credit card, a cellphone or even just a job, chances are you've already signed away your right to sue if something goes wrong."  

Unfortunately, mandatory arbitration clauses have become the norm for most consumer contracts.  Typically these types of clauses force the purchaser to abandoned his or her right to a trial or class action suit. 

It does appear that help may be on the way for the consumer in the form of the Fair Arbitration Now Coalition.  Lazarus states that "Consumer advocates, sensing a shift in the political winds under President Obama, believe the time is right to challenge mandatory arbitration and have banded together to support legislation ending the practice."   

If you would like to learn more about this legislation or send a letter to Congress, visit: http://www.fairarbitrationnow.org/

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Posted by Catherine D. Bertram, Esquire and Salvatore J. Zambri, Esquire

Over 200,000 children each year end up in emergency rooms as a result of injuries from playground equipment. Of those children, 15 die.  Let's take a few minutes to think about the safety of the playground equipment in our community to make sure all of our children can play safely this summer.  The National Safety Council has a playground fact sheet that provides easy to follow tips for a safer summer:

"Top 10 Checklist for Playground Safety

1. Surfaces around playground equipment should be filled with at least 12 inches of loose fill, such as wood chips, mulch, sand or pea gravel.
2. Most stationary equipment should have at least a 6-foot use zone in all directions.
3. Any openings that can trap children (in guardrails or between ladder rungs) should be less than 3.5 inches apart or more than 9 inches.
4. Guardrails should surround all elevated platforms and should be at least 29 inches high for preschool-age children and 38 inches high for school-age children.
5. Look for exposed concrete footings, tree roots or rocks that could trip children.
6. Check for sharp edges and dangerous hardware, like open "S" hooks or protruding bolts.
7. Make sure your child plays on age-appropriate equipment.
8. Playgrounds should be maintained regularly. Report any problems.
9. Remove hoods or drawstrings that can get caught on equipment.
10. Supervise children while they play."

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By Victor E. Long, Esq.

More than half of Maryland's auto insurance companies have had to pay hundreds of thousands in administrative penalties and restitution to their policyholders after mishandling claims when vehicles are declared a total loss, according to the Maryland Insurance Administration.

According to the Baltimore Sun,  a year-long review has revealed that  67 companies were undercompensating drivers by not correctly calculating the value of these vehicles, given the increase in Maryland's sales tax as well as increasing Motor Vehicle Administration fees, such as the title fee.

"To date, the MIA has fined the offending companies $235,000.00 and has instructed them to pay a total of $442,590.38 in restitution to 4,120 Maryland citizens,” said Ralph S. Tyler, the state insurance commissioner in a statement. “We are still in the process of examining seven companies, but we are committed to getting vehicle owners what they are guaranteed under the law."
 

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Posted by Paul Cornoni

OMB Watch, a government watchdog, has published an interesting blog concerning the National Highway Traffic Safety Administration's (NHTSA) new roof strength rule.  The new rule requires stronger roofs in vehicles to prevent injuries to passengers involved in rollover crashes. 

The good news:  NHTSA's rule abandoned the Bush administration's plan to limit the rights of individuals to file lawsuits to seek compensation for serious injuries.   The bad news:  NHTSA is giving the auto industry until the year 2016 to be in full compliance.  Auto manufacturers will have to begin applying the new standard starting in 2013.  

Despite the delay, the new standard should greatly benefit persons traveling in automobiles.  The new standard doubles the required strength for roofs.  For additional information, please send us an email or call 202-463-3030.       

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By Victor E. Long, Esq.

Six continuous glucose monitors are approved by the U.S. Food and Drug Administration (FDA): CGMS System Gold, Guardian REAL-time System, Guardian RT, MiniMed Paradigm REAL-Time System (all from Medtronic), DexCom STS, and The Abbott FreeStyle Navigator.  Continuous glucose monitors can enable you to spot general trends in how well you are controlling your blood glucose, recognize whether it is on its way up or down, and help determine adjustments in your treatment. Better yet, the new sensors even include alarms that can warn you if your blood glucose is too low or too high.

Continuous glucose monitoring (CGM) systems use a tiny sensor inserted under the skin to check glucose levels in tissue fluid. The sensor stays in place for several days to a week and then must be replaced. A transmitter sends information about glucose levels via radio waves from the sensor to a pagerlike wireless monitor.

Unfortunately, continuous monitors are costly and health insurance coverage is presently a real problem.

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Posted by Paul Cornoni

As a follow up to our recent blog concerning the dangers of cribs manufactured by Jardine, the company has now announced a second recall.  Jardine has now announced that 96,000 additional units should be taken off the shelves.  320,000 cribs were recalled in June of 2008 and 56,450 were recalled in January of 2009.  The wooden crib slats can break which creates a gap which could cause a child to become trapped and strangled. 

The additional recalls are the following:

If you or a loved one has any question concerning crib safety please call us at 202-463-3030 or email.

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Posted by Catherine D. Bertram and Salvatore J. Zambri

According to the American Burn Association there are about 1 million burn injuries in our country each year.  Of those injured,  45,000 are hospitalized and about 50% of those patients are admitted to the 125 specialized burn treatment centers across the country.  It is estimated that one third of these injuries are children.   The American Burn Association has 6 educational programs to prevent burn injuries. 

The Burn Center at Washington Hospital Center is the only adult burn treatment center in the Washington metropolitan area. This 20-bed facility features a multidisciplinary team approach to burn care that provides comprehensive care for burn victims.

The most common causes of burn injuries are electrocution or electrical fire, work place explosions, flammable clothing, automobile accidents, chemical sources and fire.  We have successfully resolved many cases involving tragic incidents that could have been prevented,   including patients injured in operating room fires.   If you have questions related to your rights after a severe burn injury, please contact us by clicking here or calling (202) 463-3030.

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Posted by Catherine D. Bertram and Salvatore J. Zambri

How do you know if that personal trainer is knowledgeable? Just because he or she is working at your gym does not guarantee your safety.  Find a list of programs with third-party accreditation from the National Commission for Certifying Agencies at www.noca.org, an umbrella group that weeds out lesser training programs. Industry experts point to the American College of Sports Medicine and the National Strength and Conditioning Association as two of the most reputable organizations.

The American Council on Exercise urges all Americans to choose a personal trainer who is professionally certified. “Consumers should demand fitness professionals whose qualifications and professional competencies are beyond reproach,” said Ken Germano, ACE Executive Director. “Competent exercise guidance should always be the integral element of any consumer’s exercise experience.”

There are more than 70 certifying organizations that individuals can go to in order to obtain some sort of training and then claim to be a "personal trainer."  Many people join gyms and hire personal trainers at very high hourly rates assuming the trainer is qualified. That is not always the case.  Most people would be surprised to learn there is no standardized testing in the industry before one can use the title "personal trainer".

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Posted by Patrick Regan and Paul Cornoni

A recent article in the Washington Post highlights the need for improved safety regulations concerning buses.  The National Transportation Safety Board heavily criticized the Department of Transportation for failing to provide meaningful oversight of the commercial bus industry.  

One of the main areas of concern was the failure to implement recommendations concerning safety equipment on buses, including seatbelts and stronger roofs and windows.  This well deserved criticism comes on the heels of the investigation into the January 6, 2008 rollover crash in Utah that killed nine passengers.

Unfortunately, the District of Columbia has suffered its share of tragedies as the result of bus accidents.  Only just recently, our firm, successfully obtained a $2,950,000 settlement on behalf of the estate of a woman who was killed by a bus while walking across the street.    

For additional information concerning bus safety, please feel free to email our firm or call 202-463-3030. 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The American Association for Justice (AAJ) reported yesterday that a nation-wide pole of likely voters conducted by Lake Research Partners shows that Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts. Such forced arbitration clauses are often buried in the fine print of contracts dealing with everything from cell phone, home, credit card and retirement account terms of agreement to employment and nursing home contracts.   Corporations have forced consumers to sign mandatory arbitration clauses when taking a job, buying a product, or accepting a service, requiring consumers to give up their right to take their case to court if they are harmed by a corporation.  Usually, consumers do not even know they are losing their rights because the arbitration clauses are never mentioned by corporations and the language is hidden deep within contracts in very fine print.

Lake Research Partners President Celinda Lake describes forced arbitration clauses as "another example of corporations taking advantage of ordinary Americans. The public supports the Arbitration Fairness Act because equal justice under the law is a core American value.”  The Arbitration Fairness Act is receiving strong bipartisan support.  The legislation should pass. If it does, forced arbitration clauses will be void, making the decision to arbitrate a voluntary decision to be made after a dispute has arisen, so corporations cannot manipulate the arbitration system to the detriment and expense of innocent consumers.

To read the AAJ report, please click here.

Many Americans are killed or injured each year by defective products, poor services, and otherwise wrongful corporate conduct.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.   

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Uninsured motorist coverage is needed most especially during a recession.  According to a report by NewsOn6.com, The Insurance Research Council (IRC) indicates that one in seven drivers is presently  without automobile insurance, and reports a "strong correlation" between unemployment rates and number of uninsured drivers.  The site reports that "if economic struggles persist, the IRC estimates one in six drivers will be uninsured by 2010 -- an all-time high."

To read the entire report, please click here.

Mr. Zambri, senior partner of Regan Zambri & Long, and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C., wrote an article about uninsured motorist benefits and the importance of having appropriate insurance coverage.  Here is a reproduction of the article:

                                          Uninsured/Underinsured Motorist Coverage

    Almost everywhere in this country, if you own a car, it must be insured.  If it isn’t, you could face fines or even jail time.  Unfortunately, in practice, not everyone complies with the law.  Consequently, there are many vehicles on the road without insurance coverage.  Also, many of whom abide by the law and purchase insurance coverage, cannot afford substantial coverage.  For these reasons, we highly recommend that your automobile insurance coverage include uninsured/underinsured motorist coverage.

    Uninsured motorist (UM) coverage applies when you are in an accident caused by the fault of another driver and the other driver has no liability coverage.  Underinsured motorist (UIM) coverage, often purchased along with uninsured motorist coverage, applies when the damages you’ve suffered as a result of an accident exceed the liability coverage provided by the at-fault driver’s policy.  Under these circumstances, the UM/UIM coverage limits of your policy are effectively transferred to the other driver as liability limits.

    Consider a circumstance in which you are rear-ended by an uninsured motorist and are hospitalized as a result of serious bodily injuries.  If you do not have UM/UIM coverage, your only option is to pursue a claim against the at-fault driver and attempt to collect from his personal assets.  This is hardly an attractive, cheap, or easy option for recouping your losses.  If a person is willing to break the law and not pay for liability coverage, it is not likely that person will have enough assets from which you can collect a fair recovery.  Consequently, you would be left paying out-of-pocket for an accident that wasn’t your fault and you would not recover a penny for your pain and suffering.

    In determining how much UM/UIM coverage to purchase from your automobile insurance provider, consider how these coverages apply.  If you’re in an accident and end up with $50,000.00 in medical bills and the at-fault driver’s insurance has a liability policy limit of $25,000.00, you will be able to recover the policy limit.  However, if you do not have UIM coverage, you would be forced to collect any additional amount against the other driver directly, which, as described above, is not likely to be productive.  If, on the other hand, you had $50,000.00 of UIM coverage, then in most states you would be able to recover the $25,000.00 policy limit from the other driver’s carrier, plus an additional $25,000.00 from your carrier (note that your insurance carrier is entitled to a dollar-for-dollar credit for the payments made by the other driver’s insurance company).  In this example, however, even if you had $50,000.00 of UIM coverage, you would only be getting reimbursed $50,000.00 total, which just covers your medical bills and pays you nothing for your lost wages, pain, or suffering.  Therefore, we encourage you to consider having substantially higher coverage, especially because the cost of the additional coverage is not great.

    Please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899, if you have questions about the coverages you’ve purchased from your automobile insurance carrier. 

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.  

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A team at the University of Alabama recently studied the issue of whether medical malpractice damages caps limiting the amount of money an injured person can receive actually help to reduce health care costs.  The conclusion, as reported by Jim Landers of the Dallas Morning News, is that "Tort reforms have not led to health care costs savings for consumers."   

"It's had a really small effect, or else it doesn't seem to change defensive medicine," said Michael Morrisey, a professor of health economics and health insurance and the director of the university's Lister Hill Center for Health Policy.

This study, along with several others, highlights that the loss of legal rights of those severely injured by medical malpractice is in vain and without justification. 

As Morrisey and his colleagues eloquently put it:

"The results of this study suggest that there are no insurance premium savings that accrue to consumers. Are there other benefits to consumers? If these cannot be identified, it is difficult to see a justification for the loss of legal rights."

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In most jurisdictions, including the District of Columbia, if a plaintiff claims an injury, the defendant has the right to have the injured plaintiff examined by a physician.  These examinations are often referred to as "independent medical examinations."  However, a recent New York Times article demonstrates that these examinations are anything but "independent." 

NYT reporter N.R. Kleinfeld's review of worker's compensation cases in New York revealed "that the exam reports are routinely tilted to benefit insurers by minimizing or dismissing injuries."  This not surprising since the insurance company is paying for the examination.   

Incredibly, Dr. Hershel Samuels admitted that: “If you did a truly pure report, you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”   

It seems that a fair and accurate solution to this problem would be to force the defendant to select a truly independent physician from a list of medical providers compiled by the court.   

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As recently reported by Los Angeles Times reporter David Lazarus, regulators may know  about safety issues, but getting information out of them is difficult.  In 2006, Mega Brands, Inc. took over Rose Art Industries. One product acquired was Magnetix play sets, containing powerful magnets that could tear apart a child's intestines, if swallowed.  After a child died after ingesting magnets from the play set, a subsequent lawsuit resulted in Rose Art Industries and Mega Brands fighting over who was at fault for not determining the safety of the product.

"Regardless of which side is telling the truth, the bottom line is that it should be easier for interested parties to find out whether there are safety issues with a firm's products.

It's not clear whether Mega Brands sought to independently check out Rose Art's safety track record by getting in touch with the Consumer Product Safety Commission; neither the company nor the commission kept full records of every contact.

But even if the firm had made a point of seeking federal safety data, Mega Brands would have had a tough time prying information from the commission.

It turns out that a company or consumer can't just call up and ask the agency to search its database for a specific product or manufacturer. Rather, a request would have to be filed under the Freedom of Information Act and months could pass before a response might be offered.

Joe Martyak, the commission's chief of staff, acknowledged that this isn't the most efficient way of providing access to the agency's vast storehouse of safety data. "Our databases aren't set up for doing it any other way," he said."

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As senior prom and graduation approaches, teen excitement increases along with parent anxiety.  According to safety experts, risky behavior on prom night has the potential to spoil a special occasion of fond memories.  Below is a common-sense prom safety checklist, reproduced from the Parenting Teens section of Suite101.com.

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By Victor E. Long, Esq.

An article in the New England Journal of Medicne  concludes that it is too early to provide stable estimates of genetic risk for many diseases.  However, several companies have begun offering direct to consumer testing.  With larger sample sizes or by combining studies, accurate prediction of genetic risk will be possible. However, urgent guidelines are needed to assist physicians who advise patients considering this type of testing.  Harvard researchers, caution doctors, patients and consumers to be skeptical about estimates of genetic risk based on the latest findings, especially given interventions that might have even riskier side effects. A person’s actual DNA sequence may stand the test of time, but genetic risk profiles are likely to evolve as science zips ahead.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Earlier this week, it was reported that there were six "probable" cases of swine flu in Maryland, but none in DC or Virginia.  Unfortunately, the flu has now extended to all three local jurisdictions, according to the Washington Post.

"Last night, Gov. Timothy M. Kaine (D) announced that Virginia had its first two confirmed cases as the virus spread through the Washington region,"  states the report.  Maryland officials have announced a few more cases of the flu and has shut down certain schools, including Rickville High School in Montgomery County.  A federal agent, who traveled to Mexico with President Obama, contracted the flu and it spread to his family members. The White has stated that President Obama is safe.

To read the entire Post article, please click here.  

As President Obama advised during his press conference this week, we must all take reasonable precautions to protect ourselves and others from the swine flu.  Washing your hands regularly and properly is an important step.

If you want more information, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to a Washignton Post report, a government official has announced that Supreme Court Justice David H. Souter is planning to retire from the High Court.  A vacancy would give President Obama his first opportunity to nominate a replacement to the court.  Although a republican appointee, many have characterized the 69 year old Souter as part of the liberal bloc of the court. Some therefore believe that Obama will likely replace him, in the event Souter actually retires, with a like-minded judge.  Obama's priority, however, will be to hire a woman.  There is only one woman presently on the court--Justice Ginsburg.

President Obama may have other opportunities to shape the Supreme Court.  Justice John Paul Stevens, 89, is the the longest-tenured justice, but he has given no indication that he is ready to leave.  Justice Ginsburg is 76 and was diagnosed with pancreatic cancer this past winter.  She, too, has no immediate plans to retire, and has stated that she intends to serve on the court until well into her 80s.

To read the entire Post article, please click here.

Justice Souter has been a smart, dedicated member of the High Court, who has compassionately and intellectually analyzed many important issues that impact the American way of life.  Salvatore Zambri, senior partner at the firm, had the recent pleasure of presenting a program with him to DC school children, who entered an essay contest.  The essays concerned "Liberty Under the Law:  Empowering Youth, Ensuring Democracy."  They were inspiring, as has been the career of Justice Souter.

If you ever have any questions baout your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

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The following is a reproduction of portions of an article published by Salvatore Zambri, senior partner at Regan Zambri & Long, which he wrote while he served as President of the Trial Lawyers Association of Metropolitan Washington, D.C.  Although he wrote the article in 2007, it is appropriate to publish it again since this year's Law Day will be celebrated by our nation tomorrow, on May 1, 2009.

A LOT TO CELEBRATE:

On May 1, our nation commemorated Law Day, the brain-child of Attorney Charles Rhyne.  In 1958, Mr. Rhyne drafted a proposed U.S. Presidential Proclamation and presented it to President Eisenhower’s Chief of Staff, Sherman Adams.  The proposal, however, did not make its way out of Mr. Adams’ office.

Mr. Rhyne eventually went to visit Mr. Adams.  Having been assured by Mr. Adams that President Eisenhower would “not sign a proclamation praising lawyers,” Mr. Rhyne described what happened next:  “I strode down to the Oval Office and handed it to President Eisenhower himself.  As he stood there reading it, Adams burst in yelling, ‘Do not sign that paper praising lawyers!’”  President Eisenhower signed the proclamation over Mr. Adams’ objection, believing that the freedoms enjoyed by Americans and the rule of law should be commemorated.

“Now, therefore, I, Dwight D. Eisenhower, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day – U.S.A.  I urge the people of the United States to observe the designated day with appropriate ceremonies and activities; and I especially urge the legal profession, the press and the radio, television and the motion picture industries to promote and to participate in the observance of that day.”

The 2007 Law Day theme was “Liberty Under Law:  Empowering Youth, Assuring Democracy.”  The theme clearly recognizes that our children will shape our country’s future.  Consequently, we have the responsibility to teach them about the justice system, the process of the law, and the liberties we enjoy.

Three days after Law Day, at the United States Supreme Court, I had the privilege of speaking to a group of 6th Grade winners of an annual essay contest sponsored by the National Capital Lawyers’ Auxiliary.  I seized upon the theme of the 2007 Law Day Proclamation and suggested that no matter what profession we choose, we must all be intolerant of social injustice and that the privilege of freedom, earned through the courage of those who came before us, must not be taken for granted.  I challenged them to advance America’s promise of equal and fair justice for all.  Having heard their essays, I was inspired . . .

About a week ago, all Americans celebrated the 4th of July holiday, commemorating the signing of the Declaration of Independence.  That document, you will remember, was drafted by merchants, clergy, farmers, soldiers, lawyers, and physicians.  This diverse group joined together and declared:  “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness….”

Lawyer Thomas Jefferson, who initially drafted the declaration, remarked in his first inaugural address:  “It is proper you should understand what I deem the essential principles of our Government, . . . freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus and trial by juries impartially selected.”

In July 1776, the clangs of the Liberty Bell resonated throughout the world.  In recent years, many have seemingly forgotten the lessons bestowed upon us by that diverse assembly of representatives.  Special interest groups and those with personal agendas seek to redefine the civil justice system, forcing victims of wrongdoing to be treated differently and unequal under the law.  They need a refresher course on American history. . .

If you have any questions about the law or your legal rights, please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899.

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