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

  Posted by: Salvatore J. Zambri, founding partner

I was contacted earlier this week to represent the family of a man who died when he fell seven stories as a result of a work accident that likely could have been prevented. All too often, employers consider profits over people, allowing their job sites to fall short of applicable safety standards, endangering American workers.   There are strict federal and local laws in place that govern workplace safety.  Unfortunately, these laws are often ignored and poorly enforced.  As a result, workers are killed or otherwise seriously injured every day.

Please take a look at a video that you can view by clicking here.  It  dramatically explains how workers are needlessly killed or injured as a result of preventable incidents.

There are workers'-compensation laws in every state that provide benefits to injured workers.  My office handles those kinds of claims routinely.  However, those laws do not make the workplace safer, which should be the primary goal.  Employers need to create safe work environments so that deaths and serious injuries can be avoided in the first place.  If they fail to adhere to the laws governing safe work environments, they should be shut down.  It's a matter of life and death.

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By Catherine D. Bertram

The Oregon Department of Corrections will pay $6.4 million to victims of "Cowboy Mike", a paroled offender classified by the DOC as "low risk".  When Michael Braae was paroled in 2000, a state judge ordered the DOC to closely monitor him, but the DOC failed to do so.  

Michael Braae went on a crime spree in 2001.  He killed two women, shot another in the head and left her for dead, and raped a fourth.  Police finally captured him months later after he jumped off a 40-foot bridge into the Snake River.  He is a suspect in two other murders and five other rapes.

The Oregon Department of Corrections has paid $13 million in similar cases in the last five years.

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C.  Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C.  Ms. Bertram is a member of the bar for the U.S. Supreme Court.  She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy,  complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.

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Posted by Salvatore J. Zambri, founding partner

Toyota's woes continue.  The Washington Post (7/30, Cha) reports that Toyota announced yesterday the recall of "412,000 Avalons and Lexuses for steering problems, bringing the number of cars recalled around the world since October to nearly 9 million. The 373,000 recalled Avalons, dating from between 2000 and 2004, have improperly cast steering lock bars that appear to have been a factor in three accidents reported to the company. This problem can cause what Toyota described as a 'minute' crack to develop on the surface. The crack, in turn, can break the bar and lock the steering wheel, increasing the risk of a crash." A smaller number of Lexus models "have a different steering shaft problem and no injuries have been reported related to this issue, Toyota said."

Bloomberg News (7/30, Ohnsman, Kitamura) adds, "Toyota also said it will recall 80,000 Land Cruisers for another problem involving steering shafts. The world's largest automaker is working to improve quality following global recalls of more than 8 million cars and light trucks for defects linked to unintended acceleration," noting that the crisis resulted in a $16.4 million fine and pending auto safety legislation.

The Los Angeles Times (7/30, Hirsch, Times) adds that the "latest recalls bring the number of vehicles Toyota has recalled in the last year to about 9 million worldwide. That's almost as many vehicles as were sold by all manufacturers in the US last year. ... Toyota faces hundreds of lawsuits arising from its problems with sudden acceleration and sticking gas pedals and has been the target of intense scrutiny by federal safety regulators and Congress."

As an attorney who represents many people who have been injured as a result of defective vehicles, I will keep a close eye on these issues.  In the meantime, if you own an Avalon or Lexus, I encourage you to immediately contact Toyota about potential defects.

Be safe.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners.  His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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Posted by Catherine Bertram 

Baby Matters LLC, which produces and markets the Nap Nanny, has issued a voluntary recall of Nap Nannies sold between January 2009 and July 2010.  The Consumer Product Safety Commission investigated the product after a Michigan infant died when her head became wedged between the Nap Nanny and her crib bumper. 

Officials emphasized that users should never place the Nap Nanny in a crib or near any other objects on the floor.  The danger is higher on earlier Nap Nanny models, which do not have D-rings.  Consumers with earlier models can obtain an $80 coupon toward a newer, safer model by calling Baby Matters LLC at (888) 240-4282 or by visiting the company's recall page.

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C.  Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C.  Ms. Bertram is a member of the bar for the U.S. Supreme Court.  She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy,  complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.

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Posted by Salvatore J. Zambri, founding partner

The New York Times (7/25) editorializes, "All automakers in the United States are required to report flaws in their vehicles to the National Highway Traffic Safety Administration within five business days of detection," but Toyota "has repeatedly failed to report potentially deadly problems. The latest omission to be brought to light -- and not by the automaker -- regards problems with steering wheel relay rods, which transmit changes in direction from the steering gearbox to the wheels. ... Toyota has a lot to explain about why it delayed informing American regulators about the faulty rods - and why it told the N.H.T.S.A. it had received no complaints in the United States."

As time passes, it becomes more and more clear that Toyota hid the truth to avoid accountability and pad their profits. Regrettably, such greedy conduct has caused many people to suffer serious injuries. Let's hope these revelations cause auto-makers to reevaluate how they do business. Safety first.

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Posted by Catherine Bertram                                       

There are 270 million cellphones in use and,  according to the Harvard Center for Risk Analysis, cell phones have caused 636,000 crashes, including  2,600 deaths, 342,000 injuries and a financial toll of $43 billion each year.

Despite recent public campaigns to get people to put down their phones while driving, 81 percent of people saying they use cellphones.  That means by one calculation that at any given time almost 1 million drivers in cars are talking while on the nation's highways.  In a study released last week,  research released last week on Beltway drivers in Virginia put the number at one in four.

Yesterday, on Fastlane, DOT's official blog, they announced a second national summit on distracted driving will be held Sept. 21 to highlight the problem and find ways to combat it, the U.S. Department of Transportation announced Tuesday. In 2008, more than 20 percent of crashes that year involved distracted drivers.  This is a great step in the right direction. We need the country's top experts to work together to stop this needless loss of lives. 

At this point, this is a public health crisis.  How many people need to be permanently injured or die before we take action?

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Posted by: Salvatore J. Zambri, founding partner

In an excellent article by Robert McCartney, published in the Washington Post today, Mr. McCartney notes that "the NTSB took pains in its admirable report to emphasize two messages that weren't about money at all. First, the Red Line crash, like some previous Metro accidents, was directly attributable to what the NTSB labeled an 'anemic safety culture'".  He suggests that "Metro must undergo a top-to-bottom overhaul of its institutional habits and mind-set so that everyone places a higher priority on safety."

As National Traffic Safety Board Chairperson Deborah Hersman stated, "When safety is more important than schedules, their organizational culture can be a success."  If profits are put about safety, bad things will happen.  Very bad things.

As Mr. McCartney points out, based on the NTSB report, "Metro comes up short in virtually every category" related to safety.  With respect to the tragic crash that took place in June of 2009, signs of danger were simply ignored, according to the report. Mr. McCartney comments that "it emerged at Tuesday's hearing that workers were ignoring thousands of alarms a week triggered by the faulty signaling devices, known as track circuit modules. The attitude was: The machines don't work, but there haven't been any crashes, so why worry?"The answer should have been simple:  because people will be seriously injured and killed if the problem is not fixed.

"Metro's deep cultural problems suggest that the next general manager needs to be a powerful change agent," says Mr. McCartney.  He's right.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners.  His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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By Patrick M. Regan

The National Transportation Safety Board met today to announce the findings of its investigation into the June 22, 2009 Metrorail crash that killed nine and injured countless others.

An "anemic safety culture", and "layers of safety deficiencies" made the tragedy all but unavoidable, according to Chairman Deborah A.P. Hersman.  "Metro was on a collision course long before this accident," Hersman said. "The only question was when Metro would have another accident."  

Mr. Regan and the law firm of Regan Zambri & Long are one of the lead lawyers representing Metro passengers who were killed or seriously injured in this tragedy.  "WMATA knew for years that there were serious safety problems with the subway system and yet they refused to take simple safety measures to protect the passengers" according to a statement released by Mr. Regan.

Investigators determined that Metro knew about the problems as early as 2005, when the same inadequacies caused a near-miss collision near the Rosslyn station.  The operator averted a collision by hitting the emergency brake after the Automatic Train Control system failed to detect the train in front. 

Track circuits in the Automatic Train Control system malfunctioned thousands of times each week, and eventually, Metro simply turned off the alarms caused by the malfunctions.

The Board also found that Metro failed to inform its technicians about the automatic train control system; failed to oversee automatic train control maintenance; and continues to use 1000-series rail cars even though they pose an "unacceptable risk".

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Posted by: Salvatore J. Zambri, founding partner

The AP (7/27, Manning) reports that Nissan has informed NHTSA that it is recalling over 51,000 Cube models in North America "because of possible problems with fuel spilling during rear end collisions," noting that "tests conducted by NHTSA safety regulators found more fuel spilled than federal standards allow. The spillage occurred during rear end crash tests at 50 miles per hour where the vehicle also spun onto its side."

The spillage of fuel can lead to fires, which can be deadly.  If you own a Cube, I encourage you to immediately contact Nissan and stop driving the vehicle.  Your life is too precious.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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Posted by: Salvatore J. Zambri, founding partner

The Philadelphia Inquirer (7/15, Mondics) reports, "Sharpening his tone on long-standing allegations that Saudi Arabia helped fund the 9/11 attacks, Sen. Arlen Specter (D., Pa.) said Wednesday that he would press for enactment of legislation to make it easier for US citizens to sue the kingdom for damages." Specter "made his remarks after a Senate subcommittee hearing on legislation that would expand the circumstances under which US citizens could sue foreign governments accused of supporting terrorists." The bill "would effectively overturn a decision by the US Court of Appeals for the Second Circuit in 2008 that dismissed Saudi Arabia and senior members of the Saudi royal family as defendants in a lawsuit alleging that they had responsibility for the attacks."

Following the September 11 attacks, trial lawyers throughout the country, established a team of lawyers who represented the victims at no charge.  The effort was called "Trial Lawyers Care" and it was organized through the American Association for Jusice (formerly the Asociation of Trial Lawyers of America).  I had the grat honor of representing a family of a woman who died at the World Trade Center.  It was an extremely emotional case for me, one I will never forget.

Creatign legislation that would allow victims of terrorist attacks to seek and obtain justice against countries found to ave coordinated terrorist attacks is appropriate and needed.  All those, including governments, involved in such cowardly acts should be held accountable.

Any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile collisions, medical malpractice, premises liability, product liability, and workers'-compensation claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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Posted by: Salvatore J. Zambri, founding partner

The AP (7/14) reported, "Novartis will pay up to $152.5 million to potentially thousands of women after a jury found it discriminated against them by paying them less than men . . .The agreement, which still must be approved by a federal judge in Manhattan, also calls for an additional $22.5 million to be paid for company programs to eliminate discrimination. The settlement covers claims by 5,600 women at the drug company who were part of the class-action lawsuit that resulted in a six-week trial earlier this year."

The Wall Street Journal (7/15, Bray) reports that "Novartis has agreed to a momentous settlement," adding, "the terms of this agreement allow for full compensation of both former and current female field force employees, ensuring that every woman who worked at Novartis over the past eight years has been compensated fairly."

No employer should ever discriminate against any person.  We are equal citizens with equal rights.  And we all deserve to be treated fairly.

Any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile collisions, medical malpractice, premises liability, product liability, and workers'-compensation claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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Posted by: Salvatore J. Zambri, founding partner

The United States Occupational Safety and Health Administration has reached a settlement with Imperial Sugar for safety lapses at two Imperial Sugar plants.  At one plant, in 2008, the safety violations caused a sugar-dust explosion which killed 14 workers.  OSHA had previously warned Imperial Sugar about allowing sugar dust to build up in its plants.

The accumulated sugar, which is combustible, in Imperial Sugar's 92-year-old plant exploded like gunpowder on February 7, 2008.  The federal Chemical Safety Board said the explosion was "entirely preventable".  Imperial Sugar failed to admit liability in settling OSHA's complaint against it.

Another 18 of the workers injured or killed and their families have settled lawsuits they filed against Imperial Sugar.

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By Catherine Bertram

Beginning July 1, 2010, Chinese citizens are able to sue companies under a new personal injury and product liability law.

According to an article by MWE China Law firm, "the Tort Liability Law contains 12 chapters covering various tort liabilities for the infringement of a wide range of statutory civil rights and interests by tortfeasors including but not limited to product liability, environmental pollution, medical malpractice, motor vehicle accidents, extra-hazardous work, harm caused by animals and injury caused by objects."

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Posted by: Salvatore J. Zambri, founding partner

Following the crisis created by Toyota's issues with sudden acceleration, lawmakers proposed sweeping safety requirements in the ambitious Vehicle Safety Improvements Act of 2010 that would have allowed federal officials unlimited fine power against automakers for safety violations as well as set safety standards for vehicle electronics.  However, according to a recent Los Angeles Times article, pressures from the auto industry have caused the subsequent bills proposed by both the House and Senate versions to be weakened, delayed or eliminated key safety provisions considerably. 

Auto safety advocates, while not surprised by the weakening of the original bill, are disappointed.  "The auto industry has had undue influence on this legislation," said Joan Claybrook, former head of the National Highway Traffic Safety Administration, who testified at several congressional hearings. "The industry wanted to change a lot of little words that had a major impact."

According to Rep. Henry A. Waxman, chairman of the House Energy and Commerce Committee, "the new bill would give NHTSA significant new powers, create large fines for violation of safety rules, double the agency's auto safety research budget and require it to create a number of new standards involving vehicle electronics."  He acknowledges that changes were made, but states, "The legislation . . . will dramatically improve the safety of motor vehicles. Through this process, we were able to earn broad support from our membership."

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By Catherine Bertram

In The Hill's (7/1) "Healthwatch" blog, Mike Lillis notes that, "Rep. Dennis Kucinich (D-OH) on Wednesday said he'll soon introduce legislation to monitor the health effects of cell phone use." The bill would "launch a national research program to study any such effects." Kucinich, who chairs the House Oversight Committee's subpanel on domestic policy, said that "the research to find clearer answers shouldn't be left in the hands of the phone companies themselves."

Kucinich explained that "We need a first-class research program to give us answers. Until we know for sure, a labeling law will ensure that cell phone users can decide for themselves the level of risk that they will accept. Obviously, cell phone companies should not be the ones making that decision for us."

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By Catherine Bertram

The Associated Press reported, the company founded by ''Star Wars'' creator George Lucas has lost a pregnancy bias suit filed by a woman who contended a job offer was subsequently withdrawn when she disclosed she was pregnant.  The jury awarded Julie Veronese $113,800 in damages after hearing all of the evidence.  The jury awarded Ms. Veronese $93,800 for lost wages and $20,000 for emotional distress. It rejected a request for punitive damages.

 

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Posted by: Salvatore J. Zambri, founding partner

As a result of the tragic death of a child using a donated crib in a day care center, a portion of the Consumer Product Safety Improvement Act of 2008 was named in his honor.  The Danny Keysar Child Product Safety Notification Act includes four specific new requirements intended to protect young children:

• "Requires the CPSC to assess the effectiveness of any voluntary consumer product safety standards for durable infant or toddler product s and promulgate consumer product safety standards that are substantially the same or more stringent than the voluntary standards.
• Makes it a violation of the CPSA for certain commercial entities (including, but not limited to manufacturers, distributors, hotels, motels, or similar transient lodging facilities and day care centers) to manufacture, sell, lease, or otherwise place in the stream of commerce any crib that is not in compliance with such standard.
• Requires each manufacturer of a durable product for infants or toddlers under five years to provide consumers with a postage-paid consumer registration form, maintain a record of consumer contact information to improve recall effectiveness, and permanently label the product with the manufacturer's name and contact information, model name and number, and the manufacturing date.
• Requires the CPSC to study and report to specified congressional committees regarding: (1) consumer registration form effectiveness in facilitating recalls and whether such forms should be required for other children's products; and (2) recall notification technology. Allows the CPSC to authorize the use of recall notification technology in lieu of registration forms when the technology becomes at least as effective as the forms."

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By Catherine Bertram

 In Gaithersburg, Maryland,  on July 15 and 16,  an FDA panel will hear testimony about the effects that cigarette mint flavoring may have on health. Menthol will be the first matter taken up by the FDA’s new Tobacco Products Scientific Advisory Committee.    To see the agenda for the meetings and for emails and phone numbers related to these meetings click here.

Menthol cigarettes make up approximately a third of the US market. It is expected that various experts will testify about possible health risks associated with menthol and whether menthol increases cigarette addiction. Based on the panel's recommendations, the FDA will consider whether to ban or limit tobacco products which contain menthol.

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Posted by: Salvatore J. Zambri, founding partner

During a recent California court case involving the deaths of two women, executives of the country's largest car rental company admitted to renting vehicles known to be under safety recalls. According to testimony by Enterprise (parent company for Alamo and National) executives, there was no company policy to require cars under recall to be held back from rental.  A subsequent investigative report by ABC News also revealed that  neither Avis nor Hertz have company-wide policies regarding recalled vehicles, but evaluate safety recalls on a case by case basis. After the trial and admission of negligence, Enterprise issued a statement of their procedures for automobile manufacturers' recalls. 

Essentially, car rental agencies have taken the attitude that demand trumps safety.  By doing so, are they also putting profits over safety? Consumers need to become their own advocates in matters of safety and recalls.  When renting a vehicle, ask what types of vehicles are available, then do your own research at SaferCar.gov, a special portion of the National Highway and Traffic Safety Administration (NHTSA) website. 

As I have advocated frequently on this blog, safety and people must be put above profits.

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By Catherine Bertram

In a Washington Post op-ed piece, Tom Devine, legal director of the Government Accountability Project, criticized the lack of protection provided to national security whistleblowers,  "After 10 years, Congress is on the verge of repairing the dysfunctional Whistleblower Protection Act for government employees, and the restored act would for the first time cover FBI and intelligence employees."

According to Mr. Devine, the House bill "would allow whistleblowers to challenge retaliatory investigations before they become indictments," and the House and Senate bills "would allow national security workers to safely disclose what they 'reasonably believe evidences' mismanagement, violations of law, waste and abuse, including as part of their job duties."
 

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Posted by: Salvatore J. Zambri, founding partner

According to a recent article in the Washington Post, consumers are frequently bombarded with information overload regarding product recalls, resulting in "recall fatigue."  The current network in place for notifying consumers about product recalls simply doesn't work effectively.  Some people never learn that a product they own is defective and subject to recall and others believe that nothing bad will happen even though they know they have a recalled product.

The government's website Recalls.gov provides information readily available to customers, as well as opportunities to subscribe for e-mail alerts about specific products.  A planned smartphone application will soon become available to assist customers in checking recalls while shopping.

The Consumer Product Safety Commission (CPSC) maintains that they do a good job getting in getting dangerous products out of stores, but admit that their greatest challenge is getting dangerous products out of homes.

The risks of defective products and product recalls seem to have become everyday realities for consumers now.  Although educating the consumer is the current goal, preventing the incidents of dangerous products becoming available should ultimately be the goal.  Because of such an extensive array of products available, both domestic and foreign-made, consumers need to be aware of potential dangers and educate themselves before purchasing.

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By Catherine Bertram

You've seen them on TV and in advertisements in magazines and catalogs.  You may have even heard Joe Montana sing their praises.  But,  as USA Today reports, some doctors are coming out against so-called "rocker" or "toning" shoes.  They say the shoes can easily inflame wearers' Achilles tendons by forcing the heel to rest lower than the ball of the foot.

MBT, one manufacturer of the shoes, claims they help with knee and back problems, neck tension, and joint pain and tone your abs, glutes, calves, and thighs.  However, the preliminary studies they cite are not double-blinded and don't actually conclude that the shoes lead to demonstrable benefits.

Johns Hopkins University's Dr. Barbara de Lateur, professor of physical medicine, said the companies' fitness claims are "utter nonsense."  Other physicians quoted in the story agree and especially cautioned anyone with balance issues not to wear the shoes.

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Encouraging news for the families of the 11 men killed on board the Deepwater Horizon.

Yesterday, July 1, 2010, the House of Representatives voted to pass H.R. 5503, the Securing Protections for the Injured from Limitations on Liability (or "SPILL") Act. Once its partner bill, S.B. 3463, is passed in the Senate, the SPILL Act will amend the antiquated Death on the High Seas Act of 1920. It will allow the families of workers killed on the Deepwater Horizon rig to recover non-economic damages, rather than only strictly economic ones, from those responsible for the tragedy.

The bill is facing tough resistance from the cruise line industry, among others, since as it stands currently, it would also hold cruise lines far more accountable for deaths of passengers and crew members in which the cruise line was found negligent.

For more information about the underlying issues, please see our previous posting: "Should a Death at Sea Matter Less than a Death on Land?"

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With the Fourth of July holiday upon us, many will be celebrating the holiday with family and friends at a cookout while watching fireworks, but before you fire up the grill this weekend, The National Fire Protection Association (NFPA) has some grilling statistics and safety information to help making your long weekend as safe and enjoyable as possible.

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Posted by: Salvatore J. Zambri, founding partner

The Wall Street Journal (7/1, Tracy, Hughes) reports the Senate Environment and Public Works Committee voted to remove the existing $75 million offshore oil spill liability cap. Remarkably, according to the Journal, the panel's move faces opposition and is not assured of passage by the full Senate. The Independent Petroleum Association of America argues that the absence of a cap would benefit only the largest transnational oil companies. IPAA chair Bruce Vincent, president of Swift Energy, is quoted as saying, "This is unreasonable from an economic and business standpoint and will have a devastating impact on job losses and possible increased reliance on foreign oil."

The New York Times (7/1, Broder, Robbins) notes that the committee "voted to remove the liability cap altogether, brushing aside a Republican amendment that would allow the president to set varying caps for individual accidents." The House Transportation and Infrastructure Committee "will take up its own version of a liability limits law on Thursday."

Bloomberg News (7/1, Chipman) reports, "President Barack Obama supports raising the ceiling and has faulted Republicans for blocking efforts to make BP more fully liable for damages tied to the worst US oil spill. BP Chief Executive Officer Tony Hayward has said he expects the liability limit to be increased."

It always strikes me as blatantly self-serving when companies seek to limit their obligation to pay for the damages they have caused due to their carelessness and recklessness.  They like to argue that it will adversely impact their profits.  Why should they be able to avoid accountability? Why should the innocent people and companies they harm be the ones to suffer unfairly?   As our parents said when we were children, take responsibility for your actions.  Don't make excuses.  And learn from your mistakes.

Safety and people must be put above profits.

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