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

Posted by Salvatore J. Zambri, founding member and senior partner

Although we have previously written a number of safety articles regarding Halloween safety, the number of possible situations for accidents is practically endless.  A recent media release by the CPSC summarizes some important considerations for parents about costumes, treats, and decorations. We are reproducing the CPSC publication in its entirety for our readers:

"WASHINGTON, Oct. 28 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission (CPSC) wants parents of trick-or-treaters to know that there is nothing scary about preventing Halloween-related injuries. By taking a few simple safety precautions when selecting costumes and Halloween decorations, consumers can prevent burn, fall and laceration injuries.

Parents who make their kids' costumes can send off their little ghosts, goblins and superheroes safely by using inherently flame-resistant fabrics, such as polyester and nylon. These materials will resist burning if exposed to an open flame. When purchasing a costume, look for "Flame Resistant" on the product's tag or packaging

Lighting the night also is made safer when children have no access to open flames. Flameless candles, light sticks and flashlights provide a safe lighting alternative in jack-o'-lanterns and areas where children will have access.

"Uncovering Halloween's hidden dangers is simple with CPSC's safety steps," said CPSC Chairman Inez Tenenbaum. "Thoughtful costume selection, care with candles and careful placement of decorations and lighting will help ensure your Halloween is safe and enjoyable."

In addition to providing safety tips, the CPSC works to keep children and families safe during the holiday celebration by enforcing the Flammable Fabrics Act and recalling hazardous costumes and products at Halloween and throughout the year.

Make this year's holiday a safe one by following these safety tips on costumes, treats and decorations:

Costumes

• When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes or billowing skirts.
• Purchase or make costumes that are light colored, bright and clearly visible to motorists.
• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.
• Children should carry flashlights to see and be seen.
• To guard against trips and falls, costumes should fit well and not drag on the ground.
• Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.
• Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.
• If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.
• Swords, knives and similar costume accessories should be made of soft, flexible material.

Treats

•  Warn children not to eat any treats before an adult has examined them carefully for evidence of tampering.
• Carefully examine any toys or novelty items received by trick-or-treaters younger than three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations

• Keep candles and jack-o'-lanterns away from landings and doorsteps where costumes could brush against the flame.
• Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.
• Indoors, keep candles and jack-o'-lanterns away from curtains, decorations and other items that could ignite. Do not leave burning candles unattended.
• Indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.
• Don't overload extension cords.

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. 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 decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov."

CPSC Media Contact: (301) 504-7908

SOURCE U.S. Consumer Product Safety Commission

I have four children, who love Halloween, as most kids and parent do.  We are one of those families that deck the house with all kinds of decorations to really get into the spirit of the holiday.   However, my wife and I spend time with our kids every year, teaching them how to be careful as they "trick or treat" throughout our community.  We are also very careful to take precautions with our decorations to be sure we put safety over fun.  There is nothing fun about a tragedy.

Happy Halloween, and please 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 premises liability, automobile accident, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Law and Politics (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor 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 member and senior partner    

For years now, the Chamber of Commerce has been spending millions upon millions of dollars trying to limit peoples' right to seek justice through the court system when they have been victimized by corporate greed and wrongdoing.   Yet, the Chamber itself utilizes the court system to advance its own selfish agenda multiple times every single week.

This hypocrisy was noted in a recent publication by the Association for Justice.  Here is a reproduction of some of that report:

Washington, D.C.--Earlier this month, U.S. Chamber of Commerce President and CEO Tom Donohue called litigation "one of our most powerful tools for making sure that federal agencies follow the law and are held accountable." 

Yet ironically, the Chamber today holds its annual Legal Reform Summit – an event underwritten by its multinational corporate members that promotes undermining the civil justice system to weaken the basic legal protections of American workers and consumers.

The Chamber's hypocrisy – blocking justice for everyday Americans while using the courts liberally for its own pro-corporate agenda – is the subject of a new report released today by the American Association for Justice (AAJ) that exposes the Chamber as one of the most aggressive litigators in Washington, entering lawsuits at a rate of over twice weekly.

"The Chamber's 'one rule for corporations, another rule for everybody else' motto has come at the expense of ill-treated workers, defrauded investors and injured consumers," said AAJ President Gibson Vance. "It readily spends millions of dollars to prevent Americans from holding wrongdoers accountable in the courtroom, and then aggressively uses the very same legal system to advance the agenda of its multinational corporate membership."

In almost every case, the Chamber's litigation on behalf of corporations has come at the expense of Americans' health or financial security. The Chamber has:

• justified the actions of Wall Street banks that drove the country's economy into turmoil; • defended the most conceited and worst behaved CEOs and their most extravagant excesses;
• tried to force workers, instead of employers, to pay for their own safety equipment; • filed numerous actions opposing any move to combat climate change;
• sought to shield pharmaceutical executives who skirted safety procedures that ultimately killed 11 children;
• opposed measures allowing workers to receive a rest period during a full work day;
• fought on behalf of lead paint manufacturers found to have poisoned thousands of children;
• defended corporations that discriminated on the basis of race and disability; and
• spent years defending big tobacco, asbestos companies and chemical companies found to have contaminated water and air.

"The Chamber has every right to seek what it believes to be justice in a court of law, even if representing the most deplorable corporate interests," said Vance. "But it must learn that this right to justice belongs not just to their organization, or big business generally, but to all Americans."

The report, titled "The Chamber Litigation Machine: How the Chamber Uses Lawsuits to Keep Americans out of Court," can be found by clicking here.

Don't let the Chamber or other special interests fool you.  Contact your local and federal legislators and fight for your rights.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2010)--a national publication that honors the top lawyers in the country.

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 member and senior attorney

Each year, we are reminded by the American Red Cross, local fire departments and other agencies that October is Fire Safety Month.  Each year, we learn of tragic stories of families destroyed by fire, many of which could have been avoided by proper installation and maintenance of smoke alarms.  

Recent publications by the American Red Cross emphasizes some simple yet critical guidelines for helping to minimize the potential fire dangers faced by families.  We have reproduced one of the most recent articles below in its entirety for the benefit of our readers.

"Home Fires A Threat To All Of Us"

"Friday, October 15, 2010 — The American Red Cross and its 650 chapters respond to more than 63,600 home fires every year, or about 170 fires a day. Fire in the home is the most common threat to families in this country, and that danger increases as the weather turns colder and people turn to alternate sources to help heat their homes.

The use of such items as space heaters, fireplaces or coal or wood stoves can be dangerous if not used properly. Fires related to heating are the second leading cause of home fires in this country, and fixed and portable space heaters are involved in 74 percent of fire-related deaths.

Smoke alarms are one of the best ways to protect you and your loved ones in the event of a fire. They provide a few minutes of advance warning, and that extra time can save lives. According to the National Fire Protection Association, from 2003 to 2006, forty percent of all home fire deaths resulted from fires in homes with no smoke alarms, while 23 percent resulted from homes in which smoke alarms were present but did not operate.

The Red Cross recommends you install the alarms on every level of the home, as well as inside bedrooms, and outside sleeping areas of the home. They should also be tested once a month by pushing the test button, and batteries should be replaced yearly or as soon as you hear a low battery warning, which appears as a "chirping" noise for many alarms. Other tips include:

• Keep smoke alarms clean by vacuuming over and around it regularly. Dust and debris can interfere with its operation.
• Smoke alarms wear out. Replace your alarms every 10 years. If you can’t remember when you last replaced them, buy new alarms that are interconnected, if possible.
• Teach children what the smoke alarm sounds like and what to do when they hear it.

Only 26 percent of families have developed a family escape plan. To ensure the safety of your loved ones, make sure that all household members know ways to escape from every room of your home. Designate a meet-up spot outside the home in case of fire. This fire escape plan should be practiced at least twice a year. Each household member should also know how to STOP, DROP and ROLL if their clothes should catch on fire."

For more information on Fire Safety and Prevention, visit www.redcross.org.

The safest home fire is the one that never occurs. Having an operational smoke detector in your home and educating your family with a sensible escape plan are the best ways to protect your family in the event of a home fire. 

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Posted by Salvatore J. Zambri, founding partner

Underwriters Laboratories (UL), the leading product safety testing organization, offers safety tips for keeping Halloween traditions safe.  Since Halloween has become the second most "decorated" holiday, improperly-used decorations and potentially flammable costumes contribute to the increase in home fires and burn-related injuries.  According to John Drengenberg, consumer safety director for UL, "The most important Halloween trick is to keep safety top-of-mind. With 41 million trick-or-treaters expected to be out and about on Halloween night, following UL's safety tips can help families make Halloween scary for the right reasons."

We have reproduced below common-sense and easy-to-follow Halloween safety guidelines published by Underwriters Laboratories.

"Safe and Spooky Home Decorating

• Don't Frankenstein Your Lights: When purchasing electrical decorations, make sure to shop at a reputable retailer and look for the UL Mark. Don't plug in electrical decorations that draw more watts than the rating of the cord. Use special, heavy duty extension cords for high wattage decorations such as fog machines and electrically-powered inflatable decorations.
• Inspect Decorations with Fiendish Care: Look for loose connections, frayed or bare wires, and broken or cracked sockets when using lights to decorate the home for Halloween. When hanging lights, use plastic hooks or clips to reduce the risk of electric shock and fire hazards. Never nail or staple light strings. Look for a red UL Mark to indicate that lights are certified for both indoor and outdoor use. A green UL Mark indicates certification for indoor use only.
• Beware of Candles: According to the NFPA, candles are the cause of approximately 15,000 reported house fires every year. To help prevent avoidable accidents, place candles far from decorations, window treatments and paper to avoid potential home fires. Candles, especially in a jack-o-lantern, should be off the ground and out of children's reach. Try battery-operated LED candles for an even safer option.
• Light the Way for Trick-or-Treaters: Place lights on the outside edge of walkways and make sure all decorations are clear of where kids will be walking. Decorations that obstruct a walkway could potentially cause eager trick-or-treaters to trip or fall. Avoid using candles to light your walkway.
• Clear the Cobwebs and Look for the UL Mark: When stringing up those skeleton and pumpkin decorations, check for the UL Mark on light strings, electrical decorations and extension cords. The UL Mark means the product has been found free of foreseeable hazards and is safer for your family.

Safe and Spooky Costumes

• Say Boo! To Unsafe Costumes: Look for fire-resistant or flame-retardant materials – such as nylon – when purchasing costumes, fabric and accessories. Although these labels do not mean these items are fire-proof, it does indicate the fabric will resist burning and should extinguish quickly once removed from the ignition source.
• Don't Trip up Your Goblins: Avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts, which could increase the risk of tripping and are more likely to come in contact with candles or other ignition sources.
• Unmask Your Little Ghouls: Try to avoid outfitting your children in masks and instead use face paint. Masks can obstruct vision, and children may find it hard to breathe when wearing them. If a mask is used, make sure it fits securely and has eyeholes large enough to allow full vision.
• Be Safe and Bright: Light and bright fabrics will be clearly visible to motorists. If your children do wear dark materials, decorate costumes with reflective tape or carry a flashlight

I have encouraged readers of my blog to enjoy Halloween safely. As a father of four, I know how wonderful the holiday can be.  As a personal injury lawyer, I also know how tragic it can become.  Please take precautions to have a fun and safe holiday.

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Posted by Salvatore J. Zambri, founding member

Although many drivers are aware of the new cell phone law for drivers that Maryland adopted on October 1, fewer may know about the new bicycling laws that also are now in effect.  Below are summaries of the major elements of the new laws:

Senate Bill 51:

• "Requires a driver of a vehicle to safely overtake a bicycle, electric personal assistive mobility device (EPAMD), or a motor scooter at a distance of at least three feet, unless at the time, the bicycle, EPAMD,or motor scooter rider fails to ride to the right side of the roadway, comply with a requirement to ride in a bike lane or shoulder, or maintain a steady course.
• The passing rule under the bill also does not apply if the highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least three feet."

Senate Bill 624 :

• "Repeals the general requirement that a bicycle operator use the shoulder if it is safe and paved to a smooth surface.
• Specifies that, in a place where a person may ride a bicycle on a sidewalk, a person may ride from the curb or edge of the roadway in or through a crosswalk to the opposite curb or edge. The definition of “crosswalk” is expanded to mean the connection of lateral lines of a bicycle way where a bicycle way and roadway of any type meet as measured from the curbs or the edges of the roadway.
• Requires vehicle operators to yield the right-of-way to bicyclists riding in bike lanes and shoulders when these vehicle operators are entering or crossing occupied bike lanes and shoulders."

So, what exactly do these new laws mean for drivers and cyclists?  According to Peter Moe, the Maryland State Highway Administration's Bicycle Safety Coordinator, the new laws provide more rights to cyclists in using the highways, but also increase the responsibilities for cyclists.  "You can and should expect to see bicyclists on any roadway, apart from interstates. Bikes are considered a legal vehicle, and have a right to the roadway. But, cyclists have responsibilities that come along with those rights: they are required to obey all traffic laws. And yes, that means stopping at red lights and at stop signs. That's really for everyone's benefit: for the cyclist and the motorist." 

The new laws are expected to reduce the number of cycling accidents because the predictability of what can be expected from both the bicyclist and the motorist.  As I have advocated in so many of my previous posts, all users of the roads, whether drivers, bicyclists or pedestrians, must be aware of the other users of roads and respect their rights. Maryland's Choose Safety for Life Campaign provides further information regarding bicycle safety as well as other highway safety strategies.

Do you have 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 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 acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition) and has been repeatedly named a "Super Lawyer" by Law and Politics magazine (March/April 2010)-- national publications that honor 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 member and senior partner

I am thrilled to report that Maryland has changed its law governing cell phone use while driving.  Effective October 1, 2010, it is now illegal to use a cell phone while driving unless a hands free device is used.  Here's a list of salient portions of the legislation:

"MARYLAND CELL PHONE LAW FACT SHEET -EFFECTIVE OCTOBER 1, 2010
           
1.     What is Maryland's Cell Phone Law that takes effect on October 1, 2010?

Maryland Senate Bill 321 and House Bill 934 were signed into law by Governor O'Malley.  The new law will prohibit all Maryland drivers from using a cell phone without a hands free device while operating a motor vehicle in motion on a street or highway.  In addition, the new law would prohibit a school bus driver or a holder of a learner's permit, or provisional license who is 18 years of age or older, from driving a motor vehicle while using a handheld telephone.  A driver under 18 already is prohibited from using any cell phone.

2.     What exceptions are allowed?

Phone calls placed to 9-1-1, ambulance, hospital, fire, or law enforcement agencies are allowed, as are calls made by emergency and law enforcement personnel.  A driver is allowed to turn a handheld phone on or off and to initiate or terminate a call.

3.     Is the law a primary offense?

The new law is a secondary offense, meaning that a driver must first be detained for another offense, such as speeding or negligent driving, before he or she can be ticketed for a cell phone offense.  However, be advised that "negligent driving" is a primary offense in Maryland and can be used as a precursor to citing violators of the new cell phone law.

4.     What is the fine for the offense?

The fine for a first offense would be $40 and subsequent offenses would be $100.  Points will not be assessed to the first-time violator's driving record, except, three points are assessed if the violation contributed to a crash.  One point is assessed for a second or subsequent offense.

5.     Is this the same law as the texting law?

No, Maryland also bans texting while driving.  This law prohibits an individual from writing or sending a text message while operating a motor vehicle that is in motion or in the travel portion of the highway. If convicted of violating this law a person may be assessed a fine not exceeding $500. This law does not apply to texting 9-1-1 or using a global positioning system.

6.     Why is this law needed?

Studies indicate that cell phone conversations distract a driver and delays reaction time, which can cause and increase the severity of a vehicular crash.  The National Safety Council has estimated that cell phone use is responsible for 1.6 million crashes a year, nationally -- about 28 percent of all crashes.  Maryland now joins 7 other states (Calif., Conn., Del., N.J., N.Y., Ore. and Wash.), D.C. and the Virgin Islands in banning handheld cell phone use while driving.  For more information, please visit www.ChooseSafetyForLife.com"

As you know from reading my previous blogs about distracted driving, I give lectures to middle and high schools every year about the adverse effects of distracted driving.  Hand-held cell phone use is as dangerous as drinking and driving.  Texting while driving is three times as dangerous as drunk driving.  Don't do it.  Please drive safely.

Do you have 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 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 acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition) and has been repeatedly named a "Super Lawyer" by Law and Politics magazine (March/April 2010)-- national publications that honor 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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