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

Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Although Toyota has been in the spotlight recently, "unintended acceleration has been a problem across the auto industry, according to an NPR analysis of consumer complaints to federal regulators." According to the NPR News investigation, other automakers, including  Volkswagen, Volvo and Honda, have had significant complaint rates for some of their models. "The analysis covers about 15,000 complaints filed over the past decade, covering cars back to the 1990 model year. The complaints were filed with the National Highway Transportation Safety Administration, which regulates auto safety," states the NRP report.

If you experience any problems with your car, you can register a complaint with the National Highway Transportation Safety Administration by clicking here.

Technology is often shared, so it is not surprising to learn that cars from different manufacturers have similar defects.  If you are unsure about the safety of your vehicle, please get it inspected immediately.  Even minor defects can have devastating consequences.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

The Washington Post reports that Metro's "decision to mix different brands of signaling equipment -- despite a warning from one of the manufacturers -- could have caused the June crash that killed nine people, a senior engineer with the company," Alstom, "said Wednesday at a federal safety hearing." Information released by the NTSB "has pointed to possibly faulty and aging equipment in the failure of the automated crash-avoidance system. But the information on the signaling system attempts to shift blame to Metro's maintenance, testing and installation procedures."

As you may know from reading my prior blogs, my firm represents victims of this tragic and avoidable crash. 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

I have been blogging a lot about the recent problems facing Toyota.  In response to these problems, the Wall Street Journal has published an opinion piece, titled “Why We Need Trial Lawyers.”  To better understand the work we do as trial attorneys, please click here to view the full WSJ article.

There are many who wish to strip Americans of their civil rights in order to reap profits.  Those greedy folks seem to care little about those that are victims of carelessness and corruption.  I am proud to represent Americans every day, helping them to obtain justice following tragedy and wrongdoing.

If you have questions about our civil justice system, don't seek answers from those who spew rhetoric just to pad their profits.  Give me a call instead.  I'd be happy to share the facts with you.

Be safe.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

According to several news sources, Toyota officials apparently boasted about becoming subject to merely a limited recall in 2007 concerning defects in its automobiles. Per the CBS Evening News, the AP reported that "Toyota officials boasted last summer they saved $100 million back in 2007 when negotiating a limited recall of certain models with the federal government." The piece notes that the National Highway Traffic Safety Administration (NHTSA) "has received more than 2,000 complaints of sudden acceleration and 34 deaths have been blamed on Toyota vehicles" over the past decade, "according to the Detroit News, which also says the Administration was investigating Toyota for accelerator problems as early as 2003. Nevertheless, Toyota was never told to fix anything, and the investigation ended."

USA Today reports that "an internal Toyota document" states that the savings came from "getting the government to OK just replacing floor mats in 55,000 vehicles as a solution to sudden acceleration complaints. It's listed under 'wins for Toyota -- safety group' in the report, which is among documents obtained by a subpoena from the House Committee on Oversight and Government Reform. That and other references to saving money on safety issues raise the question of 'whether Toyota was lobbying for less rigid actions from regulators to protect their bottom line,' said Kurt Bardella, spokesman for the committee's ranking Republican, Darrell Issa of California." The document also said that "'NHTSA is more sensitive to public/congressional criticism' and that, combined with changes in regulations, will result in 'more investigations and more forced recalls.'"

The AP says that the documents "could set off alarms in Congress over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls. Two House committees are holding hearings this week on" Toyota's recalls.

I hope Congress presses Toyota officials hard on when they knew of concerns, when they reacted, how they reacted, and whether the company did, indeed, put profits over the safety of Americans.  Americans have had enough with corporate greed, which leads to serious injuries and death, while corporations pad their profits.  Let's hope Toyota wasn't one of those companies.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

NBC Nightly News reported that "Federal safety officials said today the number of deaths that could be linked to sudden acceleration of Toyotas is now up to 34, based on consumer complaints they've received. The National Highway Transportation Safety Administration says it's normal for complaints to increase after people get word of a recall as more people become aware of safety defects that could have contributed to accidents in the past." The CBS Evening News also noted the NHTSA announcement in a similarly brief report.

USA Today reports that NHTSA "has received complaints alleging an additional 21 fatalities linked to Toyota's sudden-acceleration incidents," which "brings to 34 the total number of fatalities in 26 accidents that complaints to NHTSA allege are linked to sudden acceleration by Toyota products." NHTSA "also has seen a jump in brake-related complaints for the 2010 Toyota Prius. When NHTSA began investigating problems with Prius brakes, it had 124 consumer complaints in its database," but "since the investigation was opened Feb. 3 and publicized, nearly 1,000 more complaints have been filed."

The Washington Post adds that Toyota "announced a voluntary safety recall to inspect the front drive shaft on some 2010 Tacoma four-wheel-drive trucks. Officials said the front shaft in about 8,000 vehicles might include a component that has cracks created during the manufacturing process, which could lead to separation of the drive shaft at the joint portion."

If you own a model affected by a recall, please have your vehicle inspected and do not drive it.  It could be a matter of life and death.

Travel safely.

 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Earlier today Toyota announced a global recall of more than 400,000 Prius and other hybrid vehicles due to defects in the braking system of the vehicles. "Toyota President Akio Toyoda used extraordinary language at a press conference here to apologize for quality and safety issues that have led to the recall of more than 7 million vehicles in recent months. He repeated three times that Toyota was neither failure-proof nor 'omnipotent,' and he said that his company would now 'redouble our commitment to quality as the lifeline of our company,'" according to the Washington Post. 

The defect causes delays in the braking capacity of the recalled vehicles while on icy or bumpy roads.  The recall applies to "223,000 hybrids sold in Japan, along with 133,000 Prius cars and 14,500 Lexus HS250h vehicles in the United States. Nearly 53,000 Priuses are also being recalled in Europe. It begins in Japan on Wednesday and in the United States 'as soon as possible,' the company said, and as reported by the Post.

If you own a Toyota that has been recalled, you should stop driving it and get t to a dealer for repair immediately.  To learn more about this recall, visit Toyota's website.

I have blogged about Toyota recalls previously.  To read my previous posts, please select the following links:

•      Toyota, Lexus Owners Make Sudden-Acceleration Complaints
•      Deaths Lead Toyota to Recall Defective Cars
•      Toyota Will Change Accelerators to Avoid Jamming
•      Toyota Suspends Sales of Eight Models

Again, if you own a model affected by the recalls, please have your vehicle inspected.  It could be a matter of life and death.

Travel safely.

 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

For the first time in American history, a car manufacturer--Toyota--has told its dealers to stop selling eight of its models due to a potentially dangerous defect.  The models have potentially defective gas pedals (accelerator pedals) that could get stuck, leading to unavoidable car crashes.

The Washington Post (1/27, Mufson, Haynes) reports, Toyota "told its dealers to temporarily stop selling the RAV4, Highlander and Sequoia sport-utility vehicles; Corolla, Camry and Avalon cars; Matrix hatchbacks; and Tundra pickups." The Post notes, "The standstill is a huge setback for a company that built its business largely on a reputation for reliability and which perennially vies with General Motors and Volkswagen for the number one sales ranking among world auto companies." And "it left many loyal Toyota customers worried about safety and confused about what to do, because Toyota isn't sure how to fix the problem."

The New York Times (1/27, A1, Bunkley) reports on its front page, "Toyota said the move was intended to restore confidence in the automaker, and the safety of its products. One analyst said many consumers might have a different reaction." Toyota's "acknowledgement of problems with acceleration pedals reawakens one of the oldest safety issues in the auto industry. Manufacturers have long dismissed that a vehicle can race forward out of the driver's control, contending that the problem takes place when a driver mistakenly pushes the accelerator while trying to hit the brake pedal." The Wall Street Journal (1/27, Linebaugh) also reports the story.

Here's a list of the recalled models:

• 2007-2010 Camry
• 2005-2010 Avalon
• 2004-2009 Prius
• 2005-2010 Tacoma
• 2007-2010 Tundra
• 2007-2010 ES 350
• 2006-2010 IS 250 and IS350

I have blogged about Toyota recalls previously.  To read my previous posts, please select the following links:

•      Toyota, Lexus Owners Make Sudden-Acceleration Complaints
•      Deaths Lead Toyota to Recall Defective Cars
•      Toyota Will Change Accelerators to Avoid Jamming

If you own a model affected by the recall, please have your vehicle inspected.  It could be a matter of life and death.

Travel safely.

 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

The National Safety Council (NSC) announced today least 28% of all traffic crashes  (translating into at least 1.6 million crashes per year) are caused by drivers texting or using cell phones.  According to its website, "NSC estimates that 1.4 million crashes each year are caused by drivers using cell phones and a minimum of 200,000 additional crashes each year are caused by drivers who are texting. The announcement came on the one-year anniversary of NSC’s call for a ban on all cell phone use and texting while driving."

It is clear that texting while driving is more dangerous than driving while using a cell phone. However, so far, many more people use the cell phone while driving than text while behind teh wheel.  That is why there are more crashes caused by cell phone use.  However, as the NSC acknowledges, texting while driving has reached crisis levels too.

"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving," said Janet Froetscher, president & CEO of the National Safety Council. "There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.” 

Support for laws banning cell phone use while driving is gaining momentum.   I understand the need to be able to communicate.  However, lives are at stake.  Never text while driving.  If you need to use your phone, pull off the road or be sure to at least use your phone in hands-free mode.

Remember, all it takes is a moment of distracted driving to cause a serious, life-altering collision.

Travel safe.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Advocates for Highway and Auto Safety, a nonprofit advocacy group, has rated Virginia one of the worst states in the nation in highway safety, according to the Washington Post.  "This year, Maryland and the District were among the dozen 'green' (relatively safe) states. Thirty others were rated yellow (less safe), and Virginia descended into the red (least safe) zone."

According to the article, the group rates states based upon a wide variety of criteria, including the following factors: "mandatory motorcycle helmets, stricter seat-belt enforcement, open container bans, tougher drunken driving laws. But in the upcoming legislative sessions, it also will push for enforceable bans on text messaging and for graduated licensing for teenage drivers." a

Although no state has all of the safety laws the advocacy group recommends, Virginia lacks some crucial ones, including laws requiring blood-alcohol testing in fatal automobile collisions, banning open containers in vehicles, "mandating use of an ignition locking device that keeps people convicted of drunken driving from driving drunk again, and requiring applicants to be 16 before obtaining a learner's permit."

The District was given the highest national rating by the group, and has nearly all of the safety-laws recommended by the group in effect.  Maryland fairs well in the ranking system, but needs to focus more on "nighttime restrictions on teen drivers, mandatory use of an ignition interlock for all offenders and blood-alcohol testing for drivers who die in accidents, not just those who survive," according to the Post.

Driving laws should be strong oin every state in our country.  The absence of stern laws lead to serious injuries and death.  Encourage your legislators to promote sate driving laws to protect all drivers and pedestrians on or around our community roads.

Travel safely.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

In a story appearing on at least 143 news websites, the AP (1/11, Pritchard) reports that recent lab tests have shown "eye-popping levels" of cadmium in children's jewelry. The metal, which has been linked to cancer and weakened kidneys, "is particularly dangerous for children, because growing bodies readily absorb substances, and cadmium accumulates in the kidneys for decades." Recent research has also determined that children exposed to cadmium "were more likely to report learning disabilities," and that it "lowers IQ even more than lead." 

"Just small amounts of chemicals may radically alter development," said Dr. Robert O. Wright, a professor at Harvard University's medical school and school of public health. "I can't even fathom why anyone would allow for even a small amount to be accessible."

MSNBC, reports, "There is no definitive explanation for why children's jewelry manufacturers, virtually all from China in the items tested, are turning to cadmium. But a reasonable double whammy looms: Cadmium prices have plummeted as factories grasp for substitutes now that lead is heavily regulated under the Consumer Product Safety Improvement Act of 2008.

That law set a new, stringent standard for lead in children's products: Only the very smallest amount is permissible — no more than 0.0003 percent of the total content. The statute has led manufacturers to drastically reduce lead in toys and jewelry.

The law also contained the first explicit regulation of cadmium, though the standards are significantly less strict than lead and apply only to painted toys, not jewelry."

According to MSNBC, some of the most dangerously toxic items are "charms sold at Walmart, at the jewelry chain Claire's and at a dollar store. High amounts of cadmium also were detected in 'The Princess and The Frog' movie-themed pendants."

Try to conduct some research before purchasing toys for children.  Even low toxicity levels can cause significant, permanent developmental problems.  Of course, it is difficult, if not impossible at times, to determine how dangerous some products are, so manufacturers need to put people over profits and be sure they products are safe before they enter the marketplace.   Lives are at stake.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

PRNewswire-USNewswire reports that "Advocates for Highway and Auto Safety (AHAS) will issue its state-by-state ratings of traffic safety laws" later this month.  And for the first time, the group will analyze restrictions placed on texting while driving--a problem that has reached a crisis level.

In each year over the last ten years, approximately 40,000 Americans were killed and another 2.5 million were injured as a result of  automobile collisions.  That translates into about 110 deaths and 7000 injuries every single day.  Laws vary from state to state, and some laws are simply too weak. 

I represent victims of reckless driving, people who have been tragically injured or killed due to the carelessness of others.  State laws need to harshly punish those who intentional drive without due care for others on the road and those in their cars.  The consequences of reckless driving can be catastrophic.  I see lives and families ruined in a flash because of drunk-driving, texting-while-driving, and other reckless acts behind the wheel.

"The 2010 Roadmap Report on State Highway Safety Laws will grade each state and the District of Columbia on their laws addressing teen driving, distracted driving, drunk driving" and other safety laws, according to the article.  I will participate in the webcast of the report, and will inform you of the results of AHAS's Report Card.  If your state gets a poor grade, fight for change.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Winter is here in full force.  Road conditions get particularly dangerous this time of year.  Accidents and harsh weather conditions can cause drivers to become stranded.  It's a good idea to be sure your car is stocked with supplies that come in handy in emergency situations. Here's a checklist from The Centers for Disease Control and Prevention that you may find useful.

"Car and Emergency Checklist

Prepare your car with emergency supplies.

• Cell phone; portable charger and extra batteries
• Shovel
• Windshield scraper
• Battery-powered radio (and extra batteries)
• Flashlight (and extra batteries)
• Water
• Snack food
• Extra hats, coats, mittens
• Blankets
• Chains or rope
• Tire chains
• Canned compressed air with sealant (emergency tire repair)
• Road salt and sand
• Booster cables
• Emergency flares
• Bright colored flag; help signs
• First aid kit
• Tool kit
• Road maps
• Compass
• Waterproof matches and a can (to melt snow for water)
• Paper towels"

Please be careful when you drive, and try to avoid being on the road during extreme weather.  If caught in an emergency, be prepared.

Safe travels.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Protect children from falling televisions. The AP (12/14) reported, "Studies suggest that the number of children killed or injured by falling television has risen even as more consumers replace their clunky old TVs with lighter flat screens." The CPSC "says more than 80 of the 180 furniture-related deaths from 2000 to 2006 involved televisions. And the number rose over the years."

Here's what you can do:

• place your TV in a location that children cannot reach
• if wall-mounting a TV, have it done professionally, so the TV is secure to the wall
• if in a cabinet, be sure the cabinet is sturdy and cannot tip over
• if on a stand, secure stand to a wall or the ground, and be sure TV is secured to stand

Read instructions carefully if putting together a stand, wall-mount, cabinet, etc.  If parts are missing or damages, don't use product. 

Be safe.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

According to the FDA, "Unilever United States, Inc., in cooperation with the U.S. Food and Drug Administration (FDA), is conducting a nationwide voluntary recall of all Slim-Fast® ready-to-drink (RTD) products in cans, due to the possibility of contamination with Bacillus cereus, a micro-organism, which may cause diarrhea and possibly nausea and/or vomiting."

"The recall involves all Slim-Fast® RTD products in cans, regardless of flavor, Best-By date, lot code or UPC number."  Therefore, please do not use any of these products. 

If you have purchased Slim-Fast ready-to-drink products in cans, you are urged to throw them out immediately.  You are also encouraged to contact the company at 1-800-896-9479 for a full refund.

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By Catherine Bertram, Partner                                                     

The Consumer Product Safety Commission (CPSC) recalled more than 50 million Roman-style blinds and roll up blinds due to the risk of strangulation. About five million Roman shades and about three million roll-up blinds are sold each year.

According to the recall notice, "Consumers that have Roman or roll-up shades in their homes should contact the WCSC immediately at www.windowcoverings.org or by calling (800) 506-4636 anytime to receive a free repair kit.  To help prevent child strangulation in window coverings, CPSC and the WCSC urge parents and caregivers to follow these guidelines:

• Examine all shades and blinds in the home. Make sure there are no accessible cords on the front, side, or back of the product. CPSC and the WCSC recommend the use of cordless window coverings in all homes where children live or visit.
• Do not place cribs, beds, and furniture close to the windows because children can climb on them and gain access to the cords.
• Make loose cords inaccessible.
• If the window shade has looped bead chains or nylon cords, install tension devices to keep the cord taut."

NBC Nightly News (12/15, lead story, Williams) reported, "The federal government reached about as far into American homes as they possibly could today and they did it right through the windows. They are also telling all of us it's for our own good. Today they launched one of the largest product recalls in American history."
        CBS Evening News (12/15, story by Couric) reported, "More than 50 million Roman-style shades and rollup blinds are being recalled because their cords can strangle a child. In fact, since 2001, eight children have died after their necks got caught in the cords of these shades and blinds."
        ABC World News (12/15, story by Gibson) reported that the recall "is causing big confusion. Consumers calling the recall hotline today heard an automated message offering repair kits for blinds that are not part of the recall. And the confusion continued at stores."
        In a story appearing on at least 332 news websites, the AP (12/15) reported, "The Consumer Product Safety Commission said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001." The commission "and the industry urged parents to examine all shades and blinds in the home and make sure they have no accessible cords." Several major retailers, "including Wal-Mart, JCPenney and Pottery Barn, are also participating in the recall."
        CNNMoney.com (12/15, Yousuf) reported, "CPSC said it is working with the Window Covering Safety Council, an industry trade group, to provide repair kits for Roman shades and roll-up blinds sold at retailers." The repair "will eliminate the cord from the Roman shades and instead provide rings for consumers to install." The Wall Street Journal (12/16, Trottman) also covered the story.

If you or a family member believe that you have a case involving death or injury caused by an unsafe product or the unsafe acts of someone else, please email me or call me directly at 202-822-1875 for a free consultation. 

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C.  Ms. Bertram has 20 years of trial experience. She is a partner with the firm and devotes her practice to the representation of individuals and the  families of loved ones who have been injured or lost due to unsafe devices or the negligence of others.  Ms. Bertram lives with her family in Washington, D.C.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her D.C. office.

 

 

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Posted by Catherine Bertram, Partner                                      

According to the Centers for Disease Control, as many as 3.8 million traumatic brain injuries (TBIs) result from sports and recreation activities in the U.S. each year. Of those children, approximately 165,000 require hospitalization.  As a mother with two children who are active in competitive sports it is very concerning to me.  Click here to read a letter from one of clients in the community who had a brain injury as a result of another person's carelessness.

The most frequent causes of TBI are related to:

• car accidents
• falls
• sports related injuries; and
• abuse/assault.

It can be difficult for a parent to diagnose this type of injury as many children do not demonstrate visible impairments after a head injury. The symptoms depend on the extent and location of the brain injury and can vary greatly.

Children who suffered TBI may experience some or all of the following:

• Physical impairments - speech, vision, hearing and other sensory impairment, headaches, lack of fine motor coordination, spasticity of muscles, paresis or paralysis of one or both sides and seizure disorders,balance, and other gait impairments.
   
• Cognitive impairments - short- and long-term memory deficits, impaired concentration, slowness of thinking, and limited attention span, as well as impairments of perception, communication, reading and writing skills, planning, sequencing, and judgement.
   
• Psychosocial-behavioral-emotional impairments - fatigue, mood swings, denial, self-centeredness,anxiety, depression, lowered self-esteem, sexual dysfunction, restlessness, lack of motivation, inability to self-monitor, difficulty with emotional control, inability to cope, agitation, excessive laughing or crying, and difficulty relating to others.

There is a free guideline available for parents and care providers that provides more details about what your child may experience with TBI.    The U.S. Department of Health and Human Services also has a Traumatic Brain Injury program for families that may lead you to local state based resources for assistance. 

Having a child with this diagnosis is stressful both emotionally and financially for the entire family.   If you believe that your child's injury was the result of unsafe choices or conduct of others feel free to call and discuss the situation with me.   We have experience with these types of cases and understand the legal and medical issues as well as the family struggles.    For free information about your legal rights, please email me at cbertram@reganfirm.com or call me directly at 202-833-1875.

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Posted by Catherine Bertram                                                  

The Consumer Product Safety Commission (CPSC) announced the recall of about 24,000 baby hammocks following the deaths of two infants. According to the CPSC, babies can become trapped and could suffocate against the sides of the mesh and fabric Amby Baby Motion Beds. The beds are made by Amby Baby USA.  The recall covers one model of the bed sold online and at other retailers since 2003. The hammock-like beds were marketed to parents of fussy babies with colic or reflux.

The Consumer Product Safety Commission reported that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock's fabric or mattress pad, posing a suffocation risk.

While consumers can request a repair kit from the company, according to the Amby Baby's website, the kit will be available "soon as possible, but not earlier than January 2010."  Of course, parents should not use the hammock in the meantime.

Previously on the D.C. Metro Area Personal Injury Law Blog, we have posted articles related to:

• New mattress safety standard prevents bed fires
• Dangers of stove-tipping
• Driveway and parking lot injuries to children

If you or a family member believe that you have a case involving death or injury caused by an unsafe product or the unsafe acts of someone else, please contact email me or call me directly at 202-822-1875 for a free consultation. 

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C.  Ms. Bertram has 20 years of trial experience. She is a partner with the firm and devotes her practice to the representation of individuals and the  families of loved ones who have been injured or lost due to unsafe devices or the negligence of others.  Ms. Bertram lives with her family in Washington, D.C.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her D.C. office.

 

 

 

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Children all across America take buses to school.  It is usually a safe mode of transportation.  Unfortunately, according to AAA, "each year, nationally, about 19 school aged children are killed in school transportation-related traffic crashes. On average, 5 are passengers on the bus and 14 are pedestrians."  Many more suffer non-fatal injuries.

I recently represented a woman who was struck by a bus. She almost lost her leg.  To hear her story, please click here. She is one of many clients that I have represented, and still do represent, who have endured tragic, life-altering injuries as a result of carelessness on the road.  Another client of mine is a student who was hit by a passenger vehicle that failed to stop behind a bus that slowed for my client, a pedestrian. She suffered a tragic brain injury.  I have too many stories like these to tell.  Careless driving can change lives forever in a moment.

Here are some useful tips to remember to maximize safety:

"TIPS FOR DRIVERS:

• Watch for children at bus stops and for children walking to and from bus stops.
• Yellow flashing lights on a school bus mean that a bus is preparing to stop. Do not try to beat the bus! Begin slowing and prepare to stop your vehicle.
• Red flashing lights indicate that a bus has stopped to load or unload children. Be very aware and pay close attention. Stop your car and wait for the lights to stop flashing before you move your vehicle. Passing a loading or unloading school bus is reckless driving!

AT THE BUS STOP:

• Get to the bus stop at least five minutes before the bus is scheduled to arrive.
• Remain orderly at the bus stop and pay attention to traffic. This is no place to play.
• Obey the School Safety Patrol.
• Stand at least 5 giant steps (10 feet) away from the edge of the road.

WHEN ENTERING THE BUS:

• Wait until the bus stops, the door opens, and the driver says it's okay before stepping onto the bus.
• Be careful that clothing with drawstrings and book bags with straps or dangling objects do not get caught in the handrail or door when exiting the bus.
• If you must cross the road to enter the bus, walk in front of the bus; never walk behind the bus.
• Wait for a signal from the driver.

WHEN EXITING THE BUS:

• Walk on the sidewalk or along the side of the road to a point at least five giant steps (10 feet) ahead.
• Be sure the bus driver can see you, and you can see the bus driver.
• Stop at the edge of the bus and look left-right before crossing.
• Tell the bus driver if you drop something beside the bus. Never try to pick it up because the driver may not be able to see you.
• Be alert to all traffic."

Please drive safely this holiday season and always.

 

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

The Houston Chronicle reported that the National Transportation Safety Board (NTSB) has "called for tighter oversight of the passenger bus industry in the wake of a fatal Jan. 2, 2008, crash that killed a passenger after the driver fell asleep at the wheel." The NTSB "urged other federal agencies, namely the National Highway Traffic Safety Administration, the Federal Motor Coach Safety Administration and U.S. Customs and Border Patrol, to better coordinate efforts to root out buses and other coaches that don't meet U.S. safety standards."

Under Department of Transportation regulations, carriers are required to ensure their drivers are fully qualified. Before stepping onto a bus or motor coach, do some research.  Here are some questions any company should answer without hesitation, or you should reconsider using that company's services:

Ask the carrier:

• Will the driver of the vehicle possess a current Commercial Driver's License with a "passenger" endorsement?
• Will the driver hold a valid medical certificate?
• Does the company have a driver drug and alcohol testing program that complies with DOT regulations?

And here's some additional useful information from the Federal Motor Carrier Safety Administration:

"Ask for the carrier's USDOT identification number and its MC number. The MC number represents interstate operating authority issued by the Federal Motor Carrier Safety Administration (FMCSA). Using the MC number, you may obtain insurance information about the carrier on the Internet at http://li-public.fmcsa.dot.gov. Using the U.S. DOT identification number, you may obtain safety information about the carrier on the Internet or by calling (703) 280-4001. If you have a regulatory question, please call (202) 366-6121.

This information is also available on the Internet at http://safer.fmcsa.dot.gov ."

About 63,000 buses are involved in traffic crashes each year, resulting in approximately 325 deaths and 14,000 non-fatal injuries. As a lawyer who dedicates his practice to representing victims of carelessness, including people who have been injured as a result of mass transit collisions, I know first-hand how important it is to increase oversight of the industry.  By not adhering to federal and local regulations, company's place passengers and others on the roadway in serious peril.  Urge your legislators to take this matter seriously.

Travel safely.

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Posted by Catherine D. Bertram, Partner                                          

There have been some tragic cases where pedestrians have their lives in D.C. lately.  The question we all ask is how safe it is to walk in our city?   Unfortunately, the answer is not so safe  when compared to other major metropolitan areas across the country.   In a study recently published by Transportation for America, the DC metro area was ranked 32 out of 52 in terms of safety for walkers.  

In 2008, the DC Department of Transportation announced a five-year plan to improve pedestrian safety, specifically targeting 61 "high hazard" traffic intersections.  The plan including adjusting the timing of traffic signals and make markings on the crosswalks clearer. According to the Washington Post, the 30 intersections that were ranked as the most dangerous for pedestrians from 2004 to 2006.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

I have been posting a lot about toy safety recently, and I began to think that it would be useful to put together a list of some good websites where you can go to learn more about toy safety.  The Consumer Product Safety Commission (CPSC) is a federal agency that publishes product recalls and permits consumers to lodge complaints about unsafe toys.  A list of recalled toys can also be found at www.Recalls.gov.

In addition to government sites, there are several private entities that track product defects and test for product safety.  Here are some examples:

• HealthyStuff.Org
• GoodGuide
• U.S. PIRG
• W.A.T.C.H. (World Against Toys Causing Harm)

Obviously, no governmental or private entity can inspect all toys.  Therefore, manufacturers must take all steps necessary to be sure their products are safe before they are pushed into the marketplace for profit.  Companies must put people over profits.

When purchasing toys, please remember:

• children should not be given toys intended for older people
• beware of toys with small parts that can be swallowed
• beware of toys that have sharp edges
• beware of toys that emit heat
• be sure toys do not have missing or damaged parts

We wish you a safe and happy holiday season.

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 Posted by: Salvatore J. Zambri, founding partner                                           

The AP reported, "Two infant deaths have led to the recall of about 24,000 Amby Baby Motion Beds -- hammocklike beds marketed to parents of fussy babies with colic or reflux. The Consumer Product Safety Commission said Tuesday that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock's fabric or mattress pad, posing a suffocation risk." According to the manufacturer's website, Amby indicates that it plans to offer a free repair kit, 'but not earlier than January 2010.'"

CNNMoney.com reported that the Consumer Product Safety Commission (CPSC) "said Amby Baby is aware that the bed caused the death of a 4-month old girl in Lawrenceville, Ga. and a 5-month-old boy in Gresham, Ore. this summer."

This recall is the latest in a string of baby beds and cribs that have been recalled this year alone.  I was recently asked by FOX TV to give an interview about crib/baby-bed defects.  Some important things I urge you to remember:

• don't put together a bed with missing or broken parts
• periodically inspect the crib/bed for bending, breaking, etc.
• check the manufacturer's website, as well as the CPSC's website for recalls or consumer complaints
• if experiencing a problem with the crib/bed, stop using it immediately

If you have any questions at all, please don't hesitate to contact me.

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Posted by Catherine D. Bertram, Partner                                             

As the holidays draw closer, there are news stories and articles about unsafe toys which raise potential risks for lead poisoning for our community's children.   Of all the safety hazards for young children, this is one of the most preventable kinds.   Tragically, almost 1 million children in the United States have elevated levels of lead in their blood.   Below, I have summarized points from the American Academy of Pediatrics regarding lead screening for children.  Click here for the entire fact sheet.

How can children be exposed to too much lead? 

• Children less than 6, can be exposed if they get lead dust from old paint on their hands or toys and then put their hands in their mouths;
• Breathe lead dust from old paint;
• Eat old paint chips from paint that contained lead;
• Drink water from pipes lined with lead.

If you are renting in DC, you can click here to learn more about your rights to a lead free living space.

Once the lead enters to the child's body, it travels through the blood stream and can be stored in the bones.   Very high levels of lead can cause problems such as,

• Developmental delays
• Hearing loss
• Seizures and coma
• Kidney problems
• Anemia
• Growth problems

In some cases where the child ingests a large amount, you may see immediate vomiting, headaches, stomach pain or weakness.  If you see these sudden changes get the child medical help immediately and explain what the child may have been exposed to.

Most children with high lead levels do not show obvious signs until they reach school age. It may show up and be mistaken for learning disabilities or behavioral problems when it is really the lead.

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Posted by: Salvatore J. Zambri, Esquire

The AP (12/7) reported, "Cars made by Toyota registered far more complaints about sudden acceleration in its 2008 model-year vehicles than any other automaker, a new study has found. Toyota and Lexus vehicles received 41 percent of all consumer complaints to a federal database about runaway acceleration, more than Chrysler, General Motors, Honda and Nissan combined, analysis by Consumer Reports found."

The National Highway Traffic Safety Administration records complaints and, according to the AP report, Jeff Bartlett, deputy online automotive editor at Consumer Reports, remarks that "this is a very real problem."

Earlier this year, Toyota recalled approximately 4.26 million vehicles following some crashes that killed operators and passengers of their vehicles. Toyota claims to be taking corrective action.  The AP report notes, "A Los Angeles Times review found that 19 people have died in sudden acceleration accidents involving Toyota vehicles since the 2002 model year, more than all other automakers combined. In addition, the Times found that complaints of sudden acceleration increased dramatically after the automaker began replacing mechanical throttles with electronic throttle systems in the 2002 model year." Obviously, others have been serious injured.

We hope that Toyota gets to the bottom of its product defect swiftly so that no other person is exposed to the serious danger it presents.  If you own a Toyota, we encourage you to get your vehicle inspected, especially if you have encountered a sudden acceleration or other unusual problem.

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The new legislation was long overdue, and it has already made a meaningful impact.  Just consider the risks.  Only one dose of lead can cause a child to suffer permanent physical and mental deficits.  It can even be fatal.  Loud noises can cause permanent hearing loss, often gradually and without pain, making the hazard difficult to detect.  And small parts on toys are obvious choking hazards, yet many products still fail to include proper warning labels.

When purchasing toys, choose wisely.  Happy holidays.

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Posted by: Salvatore J. Zambri, Esquire

The end-of-year holiday season is a joyous time of the year for most people.  Unfortunately, tragic things inevitable happen to some people each year.  We wish you a peaceful, happy, and safe holiday season.  With that in mind, please keep these helpful hints in mind as you celebrate.

1)  If placing a Christmas tree in your home, be sure it is not near a used fireplace, by a vent, or next to any other heat source.

2)  Be sure all light strands are intact, without wire fray.

3)  Never drive after drinking alcohol.

4)  Never get in a car when the driver has had alcoholic drinks.

5)  Question the driver of a car before getting in a vehicle to be sure the driver has had no alcoholic beverages.

6)  Shut lights off before going to bed.

7)  Be sure fire in fireplace has been completely put out before going to bed.

For more holiday safety tips, go to the U.S. Fire Administration's website by clicking here.

Have a very happy holiday season!

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Posted by: Salvatore J. Zambri, Esquire

CNNMoney.com reports that the Consumer Product Safety Commission (CPSC) recently recalled 2.1 million cribs, citing defective hardware that can cause children to suffocate. The federal agency "said parents should immediately stop using Stork Craft drop-side cribs, which are made by Stork Craft Manufacturing Inc., of British Columbia, Canada," according to the report.  The recall includes about 150,000 Stork Craft drop-side cribs that have a Fisher-Price logo on them, announced the CPSC.

The CPSC has warned that the cribs' drop-side can become detached unexpectedly, creating a gap between the crib wall and the mattress, in which a child can get trapped and either fall or suffocate. The report indicates that there "have been 110 documented incidents of drop-side detachment, including 67 in the United States and 43 in Canada. Among those, four resulted in suffocation and 20 resulted in falls that caused injuries ranging from concussion to bumps and bruises."

This is the second time cribs manufactured by Stork Craft have been recalled.  Earlier this year,  535,000 were recalled due to safety concerns.

Many retailers sold the recalled cribs, including: BJ's Wholesale Club, J.C. Penney, Kmart, Meijer, Sears (SHLD, Fortune 500), USA Baby, and Wal-Mart (WMT, Fortune 500) stores and online at Amazon.com (AMZN, Fortune 500), Babiesrus.com, Costco.com, Target.com (TGT, Fortune 500), and Walmart.com from January 1993 through October 2009.

Please do not use these cribs.  If you have one in your home, disassemble it immediately. 

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Posted by: Salvatore J. Zambri, Esquire

The website of KSL-TV of Salt Lake City reports that more than 640,000 pacifiers have been recalled because they pose potentially fatal choking hazards.  According to the report, "The U.S. Consumer Product Safety Commission announced on Wednesday a voluntary recall of 641,000 'Bobby Chupete' pacifiers." The government "says there is a choking hazard because the pacifiers' mouth guards are too small."

These pacifiers are made in China and imported by Grand World Inc., of Maspeth, N.Y.  To learn more about the recall, please click here.

We urge our readers to immediately stop using these pacifiers and to take them away from children.  Do not leave them in any place where they can be obtained by children either.

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Posted by: Salvatore J. Zambri, Esquire

Teens and their parents are texting fanatics.  That's what a recent study shows.  And it's getting worse.

A report by the Pew Research Center's Internet & American Life Project indicates that one out of four (25%) of American cellphone-owning teens ages 16 to 17 text while driving, and "almost half of Americans ages 12 to 17 say they've been in cars with someone who texted while behind the wheel," according to a Washington Post report.

Not surprisingly, the National Highway Traffic Safety Administration has announced that the rate of distracted-driving deaths is highest among drivers below 20 years old.  According to the Post report, "The administration said that 5,870 people died and about 515,000 were injured last year in accidents attributed to distracted driving. Twice as many fatalities, 11,773, were attributed to drunken driving."

Of course, the actual number of accidents caused by texting is likely much higher than what is reported since it is much harder to detect whether someone was texting at the time of the collision.

We need tougher laws that meaningfully punish those who make conscious decisions to distract themselves while placing their own lives and the lives of other in great danger. Tougher laws will also deter would-be texters from doing so behind the wheel.  And parents need to set better examples. If your child sees you text (or use your hand-held phone, or eat) while driving, then he or she will believe it is fine to act so selfishly and dangerously.

Here' s a link to a graphic public service video shown in Britain.  It shows a terrible car crash. The at-fault driver was texting, got distracted, and killed someone.  This video has been widely viewed on the internet, but it has had little impact on teen driving habits. 

I hope teens, and Americans of all ages, learn quickly how dangerous it is to drive while being distracted.  If they don't, more tragic deaths and serious injuries will result.

We encourage our readers to be active in your community to foster change.  Your voices are strong.  Be heard.  Educate your children and fight for tougher laws so that our American roadways can be safer for all people.

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Posted by: Salvatore J. Zambri, Esquire

Marketwatch recently reported that "Toyota Motor Corp. will make changes to gas pedals in certain U.S. models under an agreement with the U.S. National Highway Traffic Safety Administration, according to a published report, in response to accidents blamed on the accelerators getting stuck to the floor mats."  Nevertheless, Toyota "still maintains that the vehicles are not actually defective. But to settle the potentially image-damaging issue, it will change the gas pedals so they are less likely to get stuck." Reuters covered the story as well.

We believe that it is important for Toyota to make the accelerator pedals as safe as possible.  A stuck accelerator on one car is a serious defect on one car too many, as the lives of those in the car, others driving, and nearby pedestrians are at stake.  The goal should always be to put people over profits.  We are pleased that safety modifications will be made.

To read another of my blog's about a Toyota recall, please click here.

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The U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately 610,000 Halloween flashlights due to a burn hazard.  Consumers are advised to stop using the product immediately and return it to any Target store for a complete refund.  We have reproduced the CPSC recall notice in its entirety for our readers.

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE
October 28, 2009
Release # 10-026 Firm's Recall Hotline: (800) 440-0680
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
Halloween Flashlights Sold Exclusively at Target Recalled Due to Burn Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Halloween Flashlights

Units: About 610,000

Importer: Target, of Minneapolis, Minn.

Manufacturer: DGI LLC, of Warren, N.J. and Tien Hsing, of Wanchai, Hong Kong

Hazard: The flashlights can overheat and melt, posing a burn hazard to consumers.

Incidents/Injuries: The firm has received eight reports of flashlights overheating and melting, including one report of burns to the hand.

Description: This recall involves two types of Halloween-themed flashlights: the mini flashlights and flashlights sold with stencils.

Mini Flashlights - The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back.

Standard Size Flashlights - Also included in the recall are standard sized flashlights with a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging.

Sold exclusively at: Target stores nationwide from August 2009 through September 2009 for $1 for the mini flashlights and $2.50 for the flashlights with stencils.

Manufactured in: China

Remedy: Consumer should immediately stop using the flashlights and return the product to any Target store for a full refund.

Consumer Contact: For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s Web site at www.target.com
Picture of Recalled Halloween Mini Flashlights Picture of Recalled Halloween Standard Size Flashlight

---

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

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 (301) 595-7054. 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.

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Posted by: Salvatore J. Zambri, Esquire

Product recalls or warnings take place every day in this country.  They relate to drugs that cause initially unexpected health problems, cars that have faulty systems that endanger lives, foods that have been found to be contaminated, etc.  What may surprise you, though, is how often companies know about dangers, but do nothing to protect the public so as to maximize profits.

The American Association for Justice has published a report that contains true stories about corporations that despite knowing about their products dangers, nevertheless continued to market them in an effort to pad profits.  Here are some examples, according to the publication:

"• A company that discovers its medical device is little more than a bomb
waiting to go off in people's hearts... and decides not to tell anyone.
• A pharmaceutical company that discovers that its drug causes severe side
effects in pediatric patients... and then spends hundreds of millions of
dollars marketing to children.
• A company that discovers its bulletproof vests are defective... and then sells
them anyway to be worn by law enforcement, the military, and the President
of the United States.
• A company that discovers rodent droppings are contaminating its food
products... and then orders them re-cooked and sold anyway.
• A car company that discovers that if it does not spend $11 per car to fix a
defect, hundreds of people will be horribly burned... and decides it would be
cheaper to let them burn."

The report notes that these stories are not isolated. Such corporate continues in America today, just as it has for decades past.  One might wonder how it was determined that the companies acted so egregiously.  How were Americans ultimately protected from such greed?  The civil justice system.  Injured victims went to attorneys who did the hard work necessary to go up against the Goliath corporations to unearth their wrongdoing.  As a result, changes were made, and people were no longer exposed to the dangers.

I am proud to be an attorney that specializes in personal injury matters, including product liability claims.  It is very gratifying to be able to help innocent people who have been terribly injured as a result of corporate greed.  Not only am I able to help the individual client, but the changes that come about as a result of our work protect Americans everywhere.  Hopefully, corporations will learn that putting profits over people is a bad business plan.

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Posted by: Salvatore J. Zambri, Esquire

Halloween is fun--one of the best days of the year for many kids and families.  All too often, though, kids are seriously injured while "trick or treating".  I urge you to take reasonable precautions so that the day can be remembered as a joyous one.

The U.S. Consumer Product Safety Commission has published some safety tips that, if followed, can protect children during the holiday festivities.

"Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Costume Designs: Purchase or make costumes that are light and bright enough to be 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 should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
• To easily see and be seen, children should also carry flashlights.
• Costumes should be short enough to prevent children from tripping and falling.
• Children should wear well-fitting, sturdy shoes . Mother' s high heels are not a good idea for safe walking.
• Hats and scarfs should be tied securely to prevent them from slipping over children's eyes.
• Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.
• Swords, knives, and similar costume accessories should be of soft and flexible material.

Pedestrian Safety: Young children should always be accompanied by an adult or an older, responsible child. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights on as a sign of welcome.

• Children should not enter homes or apartments unless they are accompanied by an adult.
• People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited."

If you have further questions about product safety, you can call the U.S . Consumer Product Safety Commission's toll-free hotline on (800) 638-2772.  If hearing impaired, you may use TTY (301) 595-7054.

All of us at RZL wish you a safe and happy holiday.

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In recent years, Halloween has jumped to the top of many lists as one of the most dangerous nights for children to be out.  Several common sense tips and guidelines help create a safer environment for Trick-or-Treaters. 

• Treats: Don't munch candy before returning home.  All treats should be carefully examined by an adult before children eat them.
• Costumes: Age-appropriate designs for costumes should focus on visibility, easy movement, flame resistance.  Reflective tape is a good addition to any costume.
• Flashlights: Carrying flashlights helps to see and be seen.
• Pedestrian Safety: Young children should be accompanied by an older responsible person, walk instead of run from house to house, use sidewalks when present, and avoid running between parked cars.
• Choose Safe Homes: Visit only homes that have welcoming outside lights, but don't go inside.
• Trick or Treat Hours: Check and follow local rules for allowable times.

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Posted by: Salvatore J. Zambri, Esquire

National Fire Protection Week is officially from October 4 through October 10, 2009, according to the National Fire Protection Association (NFPA).  It is a great time to think about fire prevention and protection, but these issues demand year-round focus.

One of NFPA's slogans is "Stay Fire Smart! Don’t Get Burned".  It is to the point and worth remembering.  The association gives the following simple examples of how to be "fire smart": testing the water before putting a child in the bath and  wearing short or close-fitting sleeves when cooking on the stove-top.

For more information about fire prevention and protection, please visit the NFPA website by clicking here.

I have represented many people who have been seriously injured or killed as a result of fires caused by the recklessness of others, including property owners and managers, as well as the negligence of manufacturers of defective products.  We encourage property owners and managers to be sure their fire alarm and smoke detector systems are in excellent working condition.  It's a matter of life and death.

Be safe. 

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"It shows that the federal government is taking the lead," LaHood said. "This is a big deal."

The District and 18 states, including Maryland and Virginia, have banned texting while driving to different degrees.  It is great to learn that the President is taking this issue seriously and is beginning the process of making it a crime everywhere to drive while texting.  As I mentioned in a recent blog, texting while driving is increasing and is extremely dangerous.  If the federal and local governments don't act quickly, lives will be lost and others will be seriously and permanently injured.

Please drive safely.

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Posted by: Salvatore J. Zambri, Esquire

According to an AP report, "Toyota Motor Corp. said Tuesday it will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash." The auto-manufacturer said it was "still working with officials with the National Highway Traffic Safety Administration (NHSA) to find a remedy to fix the problem and said owners could be notified about the recall as early as next week." The NHTSA said it "had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved."   

Forbes reported that this recall "followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members. A minute before the crash, the driver called police to say the car had no brakes and the accelerator was stuck. The runaway car was doing more than 120 mph when it hit a sport-utility vehicle, launched off an embankment, rolled several times and burst into flames."

Other recent stories about the recall can be found at Bloomberg News, the Wall Street Journal, and USA Today.

I represent many victims of product defects.  Dangerous products can cause serious and sometimes fatal injuries.  We encourage manufacturers to take the time necessary to properly and fully evaluate their products before they are placed into the market.  Public safety must trump profits.

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Lon Anderson, a spokesman for AAA, remarked,  "We have an epidemic of distracted driving out there."  According to the Post report, "AAA recently studied the habits of Beltway drivers in Virginia, the group found that more than half of drivers used their cell phones on Interstate 495 every day, and a quarter of them send or receive text messages daily."

Texting while driving is currently illegal in both the District of Columbia and the Commonwealth of Virginia.  Maryland's ban will take effect this Thursday.   It should be illegal in every state in the country.  Thankfully, the federal government is considering taking steps to make it a crime to text and drive in any of the 50 American states.  The faster the government takes action, the better.  Lives are at stake.

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Posted by: Salvatore J. Zambri, Esquire

Ashley Halsey III of the Washington Post reports that AAA has announced that our area is experiencing an "alarming increase" in hit-and-run accidents.  This public statement follows two such incidents last week -- one that killed a pedestrian and another that critically injured a cyclist.

The report goes on to state that "AAA Mid-Atlantic said that after 44 fatal hit-and-run accidents in Virginia and Maryland last year, the anecdotal evidence suggests that the number has increased in 2009, keeping pace with a national trend that saw 1,500 such cases last year, the majority of them involving pedestrians."

Car and truck accidents can be deadly.  Drivers need to appreciate that they are operating machinery that, when not careful, can be deadly weapons.  Unfortunately, far too many drivers operate their vehicles recklessly, causing serious and sometimes fatal consequences.  We encourage our readers to be sure they have sufficient uninsured/under-insured motorist coverage on their automobile policies.  This coverage allows victims to receive fair compensation in the event they are injured by a hit-and-run driver or a driver with limited insurance coverage.

To learn more about uninsured and under-insured motorist coverage, please contact Mr. Zambri at 202-822-1899 or email him at szambri@reganfirm.com.

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As a new school year gets underway, President Obama launched a major back-to-school campaign today aimed at keeping kids in the classroom. The U.S. Consumer Product Safety Commission's (CPSC) new Chairman Inez Tenenbaum carried the President's message to South Carolina where she met with students and faculty at Rosewood Elementary School in Columbia.

Tenenbaum, a former South Carolina State Superintendent of Education, brings a strong focus to CPSC on educating and informing children and consumers across the nation about product safety. She released CPSC's "Back to School Safety Checklist" and urged parents and schools to use it to create a safer school environment for children.

"It just takes a moment for a child to be seriously injured or even killed riding a bicycle, playing on the playground, using a movable soccer goal, wearing a jacket with a drawstring or by a recalled product," said Tenenbaum. "Let's keep kids in the classroom and out of the emergency room. Parents and school officials should make it a priority to check for hazards at home and at school."

Continue Reading...

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Posted by: Salvatore J. Zambri, Esquire

The National Transportation Safety Board's (NTSB) investigation of last month's deadly Metro crash prompted the board to conclude that WMATA's electrical system is insufficient.  The Board has "urged the transit agency to add a real-time, continuous backup that would alert train operators to potential problems and stop trains when necessary," according to a Washington Post report by Lena Sun.

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Posted by: Salvatore Zambri, Esquire

Congressional hearings took place yesterday that were focused on multiple reports that found that the Environmental Protection Agency (EPA) regulates tap-water more carefully than the Food and Drug Administration (FDA) does bottled water.  According to the Wall Street Journal (7/9, Zhang), "The Food and Drug Administration, which oversees the $11.2 billion" bottled water industry, "doesn't keep track of companies that produce bottled water and doesn't require companies to report positive tests for contaminants, federal officials told a House hearing Wednesday. Consumer advocates testified before the Energy and Commerce Committee's oversight and investigations panel that bottlers should be required to disclose more information to consumers."

The report further noted that Joshua M. Sharfstein, FDA Principal Deputy Commissioner, "testified that the agency regulates bottled water as a food and doesn't know which companies among registered food firms make bottled water. Moreover, he said, the FDA has limited power to require more information on labels, and he put in a pitch for legislation that would boost the FDA's funding and authority for food safety."  A similar report can be found in the New York Times (7/9, Fuller).

Unfortunately, the FDA does not have the resources to adequately evaluate the safety of medicines and products.  An FDA approval by no means assures that the product or medicine approved is actually safe.  Be careful before using any product and always speak with your doctor before taking any medication.

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According to the Post report, "Transit officials would not say yesterday whether they believe the malfunction was a result of faulty equipment or poor installation, citing the investigation by the National Transportation Safety Board."

The track circuit at issue  "fluttered", according to Kubicek.  One moment it would detect a train, and then the train would "disappear".  He added that "Metro did not realize that there was problem until officials began examining data after the accident."

Metro is now replacing many of  the system's Wee-Z bonds because they are "approaching the end of their usefulness," according to David Couch, who leads Metro's infrastructure projects.Of course, this raises the question:  Why weren't they replaced earlier? We know that at least one was well beyond its usefulness, unless it was incorrectly installed or maintained.

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Mr. Zambri 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 specialize in personal injury matters.  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.  He has also been named a "Super Lawyer" by Super Lawyer magazine.  Mr. Zambri has 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 vehicular collisions.  If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

 

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Lena Sun and Lyndsey Layton of the Washington Post reported today that federal investigators confirmed that WMATA personnel attempted to replace a component of the signaling system of the tracks only five days before last week's tragic collision.  According to the report, federal investigators commented that following the attempted repair work, "the control system circuitry that is designed to prevent crashes did not perform properly."

The horrible crash took place on June 22.  According to the statement issued by the National Transportation Safety Board, a track circuit in the crash area "periodically lost its ability to detect trains after June 17"--five days before the collision. What WMATA did to test the system and why trains were permitted to operate while the system was defective are issues that must be addressed.  My firm represents victims and their families, and we will determine what errors caused what has been the most horrific Metro accident in its 33-year history.

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Mr. Zambri 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 specialize in personal injury matters.  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.  He has also been named a "Super Lawyer" by Super Lawyer magazine.  Mr. Zambri has 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 vehicular collisions.  If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

 

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Everyone associates the July 4th holiday with fireworks.  All too often, it also is associated with injuries.  According to the Consumer Product Safety Commission (CPSC), approximately 9800 people were treated in hospital emergency rooms for fireworks-related accidents in 2007.  The following recommendations from CPSC offer common sense safety guidelines:

• "Do not allow young children to play with fire-works under any circumstances. Sparklers, considered by many the ideal "safe" firework for the young, burn at very high temperatures and can easily ignite clothing. Children cannot understand the danger involved and cannot act appropriately in case of emergency.
• Older children should only be permitted to use fireworks under close adult supervision. Do not allow any running or horseplay
• Light fireworks outdoors in a clear area away from houses, dry leaves or grass and flammable materials.
• Keep a bucket of water nearby for emergencies and for pouring on fireworks that don't go off.
• Do not try to relight or handle malfunctioning fireworks. Douse and soak them with water and throw them away.
• Be sure other people are out of range before lighting fireworks.
• Never ignite fireworks in a container, especially a glass or metal container.
• Keep unused fireworks away from firing areas.
• Store fireworks in a dry, cool place. Check instructions for special storage directions.
• Observe local laws.
• Never have any portion of your body directly over a firework while lighting.
• Don't experiment with homemade fireworks."

We wish all of our readers a very happy and safe celebration for Independence Day weekend.

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Posted by: Salvatore J. Zambri, Esquire

As you may have heard, lawyers have already filed lawsuits stemming from the recent tragic crash involving two Metro-trains on the red-line.  My firm represents injured victims and their families, but we have not yet filed suit for several reasons.  For one, the Nation's capital is in mourning still.  Some time should pass before litigation begins.  Second, investigations are continuing and we are unearthing more and more relevant evidence. Third, families and victims have gone through enough.  It seems to me that working with WMATA to resolve cases fairly and effectively is a better approach than running to the courthouse.  If a fair resolution cannot be achieved, then the courthouse is thankfully available so justice can be obtained.

My firm has secured the largest settlement in WMATA's 33 -year history.  Perhaps it is due to our firm's reputation that allows us to resolve cases with large truck companies and entities like WMATA instead of filing suit so quickly.  A resolution saves a client money, time, and emotional anguish.  Early resolution--if possible--should be every attorney's goal in any case.  Of course, again, if the defendant proves to be unreasonable, a lawyer should have the resources and experience to fight for full justice.  Because defendants recognize that my firm has the resources necessary to litigate catastrophic cases and that we are always prepared to litigate cases aggressively, they more often than not want to settle cases with us early on, and on terms favorable to our clients. 

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Posted by: Salvatore J. Zambri, Esquire

Trucks account for only 3% of the vehicles on our roadways, yet they are involved in 12 percent of all crash fatalities.  According to a Public Citizen report, "Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes."

Congress is now considering taking action--action that is long overdue. Specifically, Congress is working on legislation that would limit or curb truck sizes and weights. Experts have acknowledged that the larger the truck, the more likely it is to kill or cause serious injuries. Increased weights and sizes also lead to greater infrastructure damage to our roads and bridges.  And, of course, bigger trucks emit more toxic pollution into our environment.

We encourage you to visit Public Citizens' website and contact your representatives in Congress, encouraging them to limit the weight and size of trucks.  It will lead to greater safety and public health.

 

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Posted by Patrick M. Regan and Paul Cornoni

A 5-year-old girl tragically died last weekend in an apparent drowning at a crowded College Park community pool operated by the Maryland-National Capital Park and Planning Commission.  This horrible story was published recently in the Washington Post.   

In addition to the 50-meter pool, the aquatics center has a baby pool, but the girl was found in a 2-foot-deep area of the larger pool. The shallow end is separated from the deep end by a rope at a depth of about 3 1/2 feet.  Witnesses have stated that in the minutes before the girl was found unconscious and not breathing, lifeguards reported seeing several children and "normal play activity" in the shallow end of the pool.

Tragically, similar incidents happen each summer.  Although the cause of this event has not yet been identified, Regan Zambri & Long has handled several similar incidents.  These incidents are usually due to a number of factors including:  (1) poor supervision by lifeguards; (2) negligent training of pool staff and personnel; as well as (3) inadequate number of lifeguards for the amount of children in the pool.  

 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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Posted by: Salvatore J. Zambri, Esquire

According to a recent Washington Post article by Lyndsey Layton, Maria Glod and Lena Sun, "Federal investigators said yesterday that they found 'anomalies' in a key component of the electronic control system along the Metro track north of Fort Totten, suggesting that computers might have sent one Red Line train crashing into another."  The report comments that a senior WMATA offcial has now come forward to state that "the computer system appeared to have faltered."

There is a 740-foot-long circuit near the crash which provides critical information, as well as authorization and speed commands to a following train.  If defective, major incidents, like the one recently experienced, can occur.  "If the train protection system is working as designed, when one train begins to enter the two-block buffer behind another, the computers automatically deploy the brakes on the second train and force it to stop," remarks the report.

Although a system failure may have occurred, investigators are still evaluating the conduct of the novice train operator who, unfortunately, lost her life in the crash, along with eight others.

 

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Posted by: Salvatore J. Zambri, Esquire

Earlier this week, the nation’s capital experienced the deadliest Metrorail collision in WMATA’s 33 year history.  Numerous lives have been lost, and dozens of other have been seriously and permanently injured.  The victims of this tragedy and their families deserve justice.  The civil justice system in parts of our country, however, does not always allow for justice.

The Washington Metropolitan Area Transit Authority (WMATA) is the creation of a compact between the District of Columbia, Maryland and Virginia.  If the Metro collision had taken place just a few thousand feet north in Maryland, the ability of those harmed and killed to receive fair compensation for their harms and losses would have been severely compromised.

Last year, the Maryland Court of Appeals issued a ruling, establishing that claims against WMATA are akin to claims against Maryland counties.  Those claims are limited to merely $200,000.00--a shocking low and patently unfair amount.  And if it is determined that another entity (like a sub-contractor) is responsible in part for the horrific crash, the claims against any such non-governmental entity will have a non-economic (pain, anguish, suffering, etc.) limitation of  merely $650,000.00.

With respect to the claims against Maryland counties, the $200,000.00 per person limitation includes both economic losses and non-economic damages.  The economic losses alone caused by the deaths and severe injuries of others will far exceed $200,000.00.  And that does not even begin to compensate the victims for the extreme fright, physical pain, and mental anguish that they endured or will continue to endure for the rest of their lives.

The arbitrary limitation that applies to non-governmental entities is also unjust.  Telling a spouse or a child (or a father or mother) that the impact of a lost loved one amounts to merely $650,000.00 is offensive.  I represent a woman and her three daughters concerning a Maryland automobile accident claim that took the lives of her husband of 25 years and her only son, who was merely 14 years old.  Needless to say, her dreams have been shattered and her life, and the lives of her 3 daughters, have been turned upside-down.  The days and months immediately following the collision were unimaginably hard on the family.  Even now, every day is a struggle emotionally, and the stresses and fears about the future are overwhelming. 

It is un-American for our system to protect wrongdoers with artificial limitations to the great detriment of the innocent victims who are forced to endure the repercussions of the tragedies for the remainder of their lives.  Consider this:  In my case, the one who caused the accident--a person who drove over 100 mph into oncoming traffic, who struck my clients’ vehicle head-on, and who was drunk at the time of the crash--is protected by Maryland's illogcal damages limitation, while the surviving family members are stripped of any rights to full compensation.  Why protect the reckless and harm the victims, the very ones who are left to deal with the horrible consequences of the crash?  Common sense tells us we should be doing better as a country when such injustice can be allowed to exist in an American civil justice system.

My thoughts and prayers go out to all those who were injured in the Metrorail collision.  No form of compensation can fully compensate those who have been killed or those who have suffered serious permanent injuries.  There is some solace in knowing that at least the laws of the District of Columbia do not artificially limit recoveries.  Judges and juries are able to evaluate the facts of each case separately and provide a full cup of justice without regard to special interest groups who seek to impose limits on recoveries in an effort to put profits over people.

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According to a recent Washington Post article, city officials announced today that the Metro train that collided into another yesterday "was two months past due for scheduled maintenance on its brakes, and the car was an older model that federal officials had recommended be replaced because of concerns about its safety in a crash."  The authors of the article,  Lena H. Sun, Lyndsey Layton and David A. Fahrenthold, reported that the death toll is now up to nine, making it the deadliest incident in WMATA's 33 year history.

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Posted by: Salvatore J. Zambri, Esquire

Washington Metropolitan Area Transit Authority (commonly referred to as WMATA) is a quasi-governmental entity created through a compact between the District of Columbia, Virginia, and Maryland governments.  This Authority is responsible for the rail service and bus service in the Washington-DC area.  When system failures and operator errors cause serious injuries, those that have been harmed need to retain an attorney who is an expert in both handling personal injury matters and in dealing with WMATA in particular.

Metro train derailments and collisions are caused by a variety of reasons, including system failure, defective equipment, operator errors, excessive speeds and other reasons.  A lawyer must thoroughly investigate all potential causes of the incident in order to properly advance a claim.  The attorney chosen by a victim must be keenly familiar with the standard operating procedures of WMATA.  Without this institutional knowledge, the injured person (or family of the deceased) cannot be effectively represented.

WMATA is not insured by an independent insurance company; rather, it is self-insured.  As a self-insured entity, WMATA is responsible for paying claims on its own.  In order to effectively prosecute a claim, the attorney for the injured person should have extensive experience dealing with WMATA’s risk-management department and legal counsel.  The attorney must also have the resources necessary to litigate the case.

Our firm has obtained the largest settlement ever on behalf of a person injured by WMATA's carelessness.  Our reputation, experience, and integrity are what allow us to pursue claims so effectively.  The more serious the injury, the more important it is to secure the advice and guidance of a respected and competent attorney.

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Posted by Patrick M. Regan and Paul Cornoni

In the District of Columbia, and the surrounding areas, the public bus system and Metro train cars are operated by the Washington Metropolitan Area Transit Authority (WMATA).  WMATA is a quasi-governmental agency, also known as Metro.  Every year numerous persons are injured by buses or metro cars across the country.   

Unfortunately, the District of Columbia has suffered its share of tragedies as the result of such accidents.  Within the last few months, our law firm, successfully obtained the largest wrongful death settlement against Metro on behalf of the estate of a woman who was killed by a WMATA bus while walking across the street.   As a result of the carelessness of the Metro bus driver, two women were struck and killed while crossing Pennsylvania Ave in the crosswalk.  One case settled for $2.3 Million and the case handled by Regan Zambri & Long settled for a very substantially higher figure .  During the course of the legal case, our law firm focused on the safety, training and supervision that Metro should have been providing to its bus and subway train drivers.     

For additional information concerning Metro bus and train safety, please email our firm or call 202-463-3030.

 

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Posted by: Salvatore J. Zambri, Esquire

The death toll from yesterday's horrific Metro collision continues to rise.  As of now, nine have been pronounced dead, and many dozens more are seriously injured.  As mentioned in yesterday's blog, system failure and operator error could be two causes of the incident.  The Washington Post has now reported that "[e]xperts familiar with Metro's operations focused last night on a failure of the signal system and operator error as likely causes of yesterday's fatal Red Line crash."

The "fail-safe" system, however, failed before, at least twice in recent years.  The operators of those prior trains were paying attention and applied the brakes when the system did not automatically apply them. Crashes were avoided.  Early investigation suggests that the driver of the train in yesterday's collision did not apply the emergency brakes, based on the extent of the damage and independent witnesses testimony regarding the speed of the train.

If the operator did not apply the emergency brakes, one must wonder why not?  The trains were not in a tunnel, they were outside, and the weather was clear.  Train operators are in the cabs of trains to observe dangers situations and react appropriately. Perhaps she wrongly relied on a system that was anything but fail-safe.

Our thoughts and prayers go out to the families of those who have died, as well as to those who have been injured.  For those injured, we wish you a speedy recovery.  For the families of those who died, we wish you peace.

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This tragic incident should never have happened.  An investigation is underway, and the cause of this avoidable event will be unearthed soon.  Incidents like this can occur for a variety of reasons, including miscommunication among train operators and station managers, failure to keep a proper lookout, defective brakes, distracted operators, unsafe speeds, faulty equipment, failure to abide by standard operating procedures, and other reasons. 

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By Victor E. Long, Esq.

Yesterday, the Food and Drug Administration  recommended that children shouldn't stop taking drugs that treat attention deficit hyperactivity disorder, or ADHD, despite a study showing the stimulants may be associated with sudden death.  Stimulants used to treat attention deficit hyperactivity disorder could increase the risk of sudden death in children who have no underlying heart conditions.

Popular stimulant medications used to treat ADHD in children and teens include such drugs as Shire’s Adderall and Novartis’ Ritalin. The drugs have previously been approved as both safe and effective in the treatment of ADHD in children by the FDA, and remain so despite the recent study.

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Lead poisoning is extremely dangerous for both children and adults, affecting nearly every system in the body and often occurring with no obvious symptoms. The Centers for Disease Control and Prevention (CDC) has established a Childhood Lead Poisoning Prevention Program goal of eliminating elevated blood lead levels in children by 2010. Primary responsibilities of the program include the following:

• Develop programs and policies to prevent childhood lead poisoning.
• Educate the public and health-care providers about childhood lead poisoning.
• Provide funding to state and local health departments to determine the extent of childhood lead poisoning by screening children for elevated blood lead levels, helping to ensure that lead-poisoned infants and children receive medical and environmental follow-up, and developing neighborhood-based efforts to prevent childhood lead poisoning.
• Support research to determine the effectiveness of prevention efforts at federal, state, and local levels.

CDC, HUD, EPA, and other agencies have developed a federal interagency strategy to achieve this goal by 2010. The key elements of this interagency strategy include:

• Identification and control of lead paint hazards;
• Identification and care for children with elevated blood lead levels;
• Surveillance of elevated blood lead levels in children to monitor progress; and
• Research to further improve childhood lead poisoning prevention methods.

Mayo Clinic's website includes a comprehensive section about lead poisoning, including symptoms, causes, risk factors, complications, tests, treatment and prevention.

 

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

The AP reports that "Consumers are being urged to immediately stop wearing a certain type of chenille robe made by Blair LLC due to a fire hazard that is believed to have killed at least six people." This recall followed reports of six deaths that resulted from the robes catching-on-fire, comments the report.

The robes were made in Pakistan and are constructed with chenille.  They were "sold in Blair catalogs and on the company Web site, as well as Blair stores in Warren, Pa., Grove City, Pa., and Wilmington, Del., from January 2003 through March 2009. Consumers may return the robe to Blair and receive a refund or a $50 gift card by contacting the company at (877) 392-7095 between 9 a.m. and 9 p.m. ET Monday through Saturday, via the firm's Web site at www.blair.com/recall, or by e-mail at blairproductrecall(at)blair.com."

Our firm has experience pursing cases for children and adults who have been harmed by defective products.  If you think you have 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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A recent $2.3 million civil penalty was agreed to by Matell, Inc. and Fisher-Price Toys  for importing and selling toys with excessive levels of lead.  According to the news release issued by the Consumer Product Safety Commission (CPSC), the penalty was part of a settlement for knowingly violating a 30-year-old federal ban on lead paint in toys. 

"These highly publicized toy recalls helped spur congressional action last year to strengthen CPSC and make even stricter the ban on lead paint on toys," said the commission's acting chairman Thomas Moore. "This penalty should serve notice to toy makers that CPSC is committed to the safety of children."

"Today's settlement announcement by the U.S. CPSC resolves Mattel's outstanding issues with the agency related to certain matters that arose in 2007," Mattel said. "Mattel promptly took a series of steps after discovering compliance issues with some of our toys at that time.

"We were able to effectively minimize any potential concerns by launching a fast-track recall of the affected product in conjunction with the CPSC and other global regulatory agencies, and by taking several steps to enhance our product compliance protocols and procedures to confirm that every Mattel toy is safe for children to enjoy," Mattel said. Fisher-Price referred calls to Mattel.

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

We have previously written to you about the dangers of bisphenol A (BPA)--a chemical used often in baby-bottles and other hard-plastic products, including food containers.  Medical News Today reports that BPA poses dangers to women as well.

According to the report, a team of U.S. scientists suggested that  BPA "may harm the heart, particularly in women, because of what they discovered in tests on female rats and mice."  The studies revealed that "exposure to BPA or estrogen or both made the hearts of female rats and mice behave abnormally."

Other studies have linked BPA to a variety of health problems, including neurological defects and  diabetes, as well as breast and prostate cancer.

We encourage you to carefully choose which products you purchase and aim to buy only those products that pose no health-risk at all.

Our firm has experience pursing cases for children and adults who have been harmed by defective products.  If you think you have 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: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Teenagers love to send text-messages.  In fact, the average American teen sends and receives about 80 text messages per day--approximately 2,300 every month.  What worries experts is the fact that these texts takes place while kids should be paying attention to their teachers, while they cross busy intersections, and even when they are driving.   The New York Times reports that  text-messaging is distracting teen-drivers, leading to an increased risk of car accidents.  And if that's not scary enough, the report reveals that texting is believed to lead to adverse health issues concerning both physical and mental well-being.

Among other findings, researches have determined that texting causes “anxiety, distraction in school, falling grades, repetitive stress injury and sleep deprivation”, according to the Times report. From a social perspective, teens text often because they fear being “out of the loop,” says Michael Hausauer, psychotherapist in Oakland, California.  However, the constant communication created by so much texting can make teenagers feel “frightened and overly exposed,” comments Mr. Hausauer.  The repetitive thumb and finger movements can also cause a variety of musculoskeletal injuries, according to Peter W. Johnson, associate professor of environmental and occupational health sciences at the University of Washington.

To read the entire Times article, please click here.

We understand the usefulness of text-messaging, but we encourage our readers to impress upon teens the risks of over-texting.  The dangers can be physical and emotional.

Our firm has experience pursuing cases for adults and children that involve tragic product defects.  If you think you or 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: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Earlier this spring, we informed our readers that Canada has restricted the production of plastic baby-bottles, containers, and cups manufactured with a chemical  known as BPA, or bisphenol-A, which some experts say cause "breast, prostate and reproductive system abnormalities and some cancers."  To read this earlier blog, please click here.

Although the US Food and Drug Administration (FDA) and the European Union both continued to say the chemical is safe despite what experts were advising, the AP reported yesterday that the FDA is reviewing its 2008 ruling that the "much-debated chemical . . . used in baby bottles and food containers, is safe for infants."  Last year, the agency ruled that "trace amounts of" BPA "that leak out of bottles and food packaging are not dangerous," but the FDA's "own advisers faulted the report for relying on a small number of industry-sponsored studies." Meanwhile, "consumer advocates said it ignored dozens of animal studies suggesting the chemical can interfere with infant hormone levels" by mirroring "the effects of the hormone estrogen, potentially interfering with young, growing bodies." FDA spokesman Michael Herndon, commented that "the agency's chief scientist, Dr. Jesse Goodman, was recently asked to "take a fresh look at this important issue from a scientific and policy position." In a statement, Herndon said that Goodman "intends to review all the data, listen to people on all sides of this issue, and talk to experts inside and outside of the federal government." He added that the review will be completed in "weeks, not months".

We hope the FDA fulfills its promise and acknowledges the dangers of BPA.  Infants and children are vulnerable and need protection.

We encourage you to carefully choose which products you purchase and aim to buy only those products that pose no health-risk at all.

Our firm has experience pursing cases for children and adults who have been harmed by defective products.  If you think you have 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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Children benefit from participation in sports by learning to stretch their limits and learning sportsmanship and discipline.  But sports participation also carries the potential for injury.  Knowing the causes of sports injuries and how to prevent them is an important consideration for children and their parents.

Several factors contribute to children's sports injuries, including lack of coordination and slower reaction times for younger children, difference in maturation rate for children playing the same sport, and more likelihood of risk taking for children than adults in sports.

Guidelines for parents when considering sports for their children:

• Use of Proper Equipment
  
  • "Protective equipment should be approved by the organizations that govern each of the sports. Hockey facemasks, for example, should be approved by the Hockey Equipment Certification Council (HECC) or the Canadian Standards Association (CSA). Bicycle helmets should have a safety certification sticker from the Consumer Product Safety Commission (CPSC).
  • Also, all equipment should be properly maintained to ensure its effectiveness. In the United States, the National Operating Committee on Standards for Athletic Equipment (NOCSAE) sets many of the standards for helmets, facemasks, and shin guards. In addition to meeting the NOSCAE standards, all equipment should be properly maintained to ensure its effectiveness over time."
• Maintenance and Appropriateness of Playing Surfaces
  
  • "Check that playing fields are not full of holes and ruts that might cause kids to fall or trip. Kids doing high-impact sports, like basketball and running, should do them on surfaces like tracks and wooden basketball courts, which can be more forgiving than surfaces like concrete."
• Adequate Adult Supervision and Commitment to Safety
  
  • Select teams and leagues that have the same commitment to safety that you do.
  • Make certain the team coach has first aid and CPR training.
  • Coaches should foster good sportsmanship, not win-at-all-costs attitudes.
  • Coaches should enforce playing rules and require safety equipment.
  • Children should be matched for sports according to their size, skill level and maturity.
• Proper Preparation
  • Teach the sport to children before expecting them to play competitively.
  • Warm-ups and training sessions help reduce the chances of injury.
  • Fluids and rest during practice and games help reduce the chances of injury.

The American College of Sports Medicine estimates that 50% of overuse injuries in children and adolescents are preventable.

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

The Hill reports that "Consumer groups and trial lawyers are crying foul over the Obama administration's bankruptcy plans for General Motors and Chrysler" because "those plans would extinguish all ongoing auto accident claims that blame a death or serious injury on a defective GM or Chrysler vehicle."  According to the report, Clarence Dilow, the executive director of the Center for Auto Safety, admits that "the plans are unusual in that they would prevent anyone from bringing a future liability claim against GM or Chrysler if a car already purchased from either company is defective and results in an accident causing death or serious injury."  Mr. Dilow further stated that "it was...unusual for no money to be set aside for liability claims."

A New York Times blogger writes, "In approving the sale of most of Chrysler's assets to a new company, run by Fiat, over the weekend, Judge Arthur J. Gonzalez also granted the automaker's request that the new company not be held liable for future product-liability problems involving current owners" which "means people who own a Chrysler, Dodge or Jeep have lost their right to sue if they are injured by a safety defect."  The article goes on to note that consumer groups are rightly concerned that "people who already have been injured in accidents and have filed suits against Chrysler, asserting that a vehicle had a safety defect" will not get any money from the carmaker even if they "win in court."

We believe that it is unfair and un-American to immunize these, or any, car-manufacturers from claims when they have carelessly caused serious injuries to innocent victims.  The protections envisioned by the bankruptcy plans would prohibit motorists from bringing suits against the manufacturers when injured as a result of defective braking systems, ill-designed roof-systems, and other product defects.

Our firm has experience pursuing cases for adults and children that involve tragic product defects.  If you think you or 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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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.

NCAA INJURY Surveillance System (ISS)

Athletic Injury Monitoring System (AIMS)

National Hospital Ambulatory Medical Care Survey (CDC)

National Electronic Injury surveillance System (USCPSC)

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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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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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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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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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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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:

Model #	Description	Date Code Between
0102B00	Drop-side Natural Olympia Single	9/2005-1/2007
0102E00	Drop-side Dark Pine Olympia Single	9/2005-1/2008
0302P00	Black Olympia Lifetime	11/2005-5/2008
0302C00	White Olympia Lifetime	6/2006-12/2006
0312D00	Americana Pecan 4-in-1	5/2006-11/2007
0308L00	Antique Walnut Capri 4-in-1	12/2005-11/2007
0108C00	Drop-side White Capri Single	8/2006-11/2007

 

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

In 2007, more than 5,100 people were killed in crashes involving large trucks and buses, according to the Department of Transportation.  There were also approximately 100,000 Americans injured in collisions involving both large trucks and buses. The American Association for Justice (AAJ) has urged Congress to take needed steps to reduce highway fatalities and injuries by enhancing safety measures and rules for the commercial vehicle industry. 

“Stricter safety standards, including roof crush resistance, added seatbelt standards and enhanced driver fatigue monitoring, could protect consumers by reducing the severity of motor carrier accidents,” said AAJ Director of Regulatory Affairs Gerie Voss.  “The brakes have been on vehicle safety standards for too long.  Safety features are not a luxury, we hope this administration will accelerate consumer safety to reduce fatalities and injuries.” 

To read the full AAJ report, click here.

For 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 Catherine D. Bertram, Esquire and Salvatore J. Zambri, Esquire

U.S. Department of Transportation Secretary Ray LaHood has urged car makers to crash-test child safety seats in their vehicles so we have data to recommend which child restraints are the safest in each auto.  The proposed "new system would be a victory for parents who struggle to find the best car seats for their children." LaHood said, "What I'd like to talk to the car manufacturers about is the idea that they get some seats, they put them in their car, they crash test them so they can tell people 'This is the best seat for this model car.'"

If you have questions about which child safety seat is the right one for your child you can review the Car Seat Guide published by the American Academy of Pediatrics. The five star rating system for child car seats is explained at the National Highway Traffic Safety Administration's (NHTSA) website.  You can also file a complaint about your child's car seat with NHTSA. 

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Posted by Patrick M. Regan

Parents shopping for baby cribs are going to notice some significant changes in the types of cribs offered for sale. Toys "R" Us has recently announced that it will stop selling drop down cribs because of a concern for the safety of infants. In a blog on the Wall Street Journal's (4/22) website, Rachel Silverman wrote, "Concerns about the safety of popular crib designs have led to 21 recalls of 4.2 million cribs over the past two years because of hazardous defects" and the "products involved in the recalls have been linked to at least five infant deaths and 16 cases in which babies were trapped by parts of a crib, said the Consumer Product Safety Commission."

The WSJ website also noted "Products involved in the recalls have been linked to at least five infant deaths and 16 cases in which babies were trapped by parts of a crib, said the Consumer Product Safety Commission. Spring pegs have malfunctioned, metal locking pins have popped off, and wooden slats have broken, creating hazardous gaps that have entrapped and suffocated infants and toddlers, writes Ms. Trottman. Drop-side cribs, popular because sliding down one side of the crib makes it easier for a parent to pick up a baby, have been particularly problematic."

Ms. Silverman offers a number of important tips on how to "maximize crib safety."

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

Leading scientists at last week's Total Health Show 2009, held in Toronto, warned that changes to the global food supply are desperately needed to avoid serious health risks, according to a report in Medical News Today.  One world-known scientist--Dr. Shiv Chopra-- stated that the removal of "antibiotics, hormones, slaughterhouse waste, genetically modified organisms (GMOs) and pesticides, would transform the safety and sustainability of the food supply," notes the report. According to Dr. Chopra and others, the infusion of these unnecessary products is driven "less by need and more by the profit motives of major corporations." 

Genetically engineered foods are flooding the marketplace.  The worlds governments, with America as a leader, must take immediate steps to control the dangerous flow of unpredictable and harmful products into the food supply. Companies and governments need to put people over profits!

To read the entire article, please click here.

Many Americans are killed or injured each year by defective products.  If you want more information about defective products or wish to know 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

Canada has restricted the production of plastic baby-bottles, containers, and cups manufactured with a chemical that some experts say cause a serious health threat.  The chemical is known as BPA, or bisphenol-A, and many states are now poised to follow the lead of Suffolk County, New York and invoke bans here in America, according to a recent report at Forbes.com.

Although the US Food and Drug Administration and the Eurpopean Union both say the chemical is safe, many experts disagree.  The report indicates that some scientists believe that  BPA is a toxin and that animal studies "have linked BPA with breast, prostate and reproductive system abnormalities and some cancers."  Some stores have phased-out the sale of products containing BPA, but most have not.

We encourage you to carefully choose which products you purchase and aim to buy only those products that are healthy and eco-friendly.

Many Americans are killed or injured each year by defective products.  If you want more information about defective products or wish to know 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: Amy S. Gurgle, Esq.

A new article published by the New York Times highlights that use of the Nintendo Wii fit gaming system can cause injuries similar to those encountered when engaging in the actual activities. Although the Wii can be a very entertaining hobby, it is important that users consider the fact that it simulates actual physical activity and also consider the related fitness demands.

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

The Consumer Product Safety Commission has recently recalled Zoo pacifiers, manufactured by Healthtex.  According to a report by The State Journal, the pacifiers were recalled "because they failed to meet federal safety standards. The nipples can separate from the base easily and pose a choking hazard."  If you have these pacifiers, you are encouraged to keep them away from your children and contact Healthtex at (866)348-5080.

The Journal also reports that "rails on Simplicity Travel Tender Play Yards can collapse unexpectedly." The sepcific recalled model numbers are 5500DRM, 5500WDS, 5500FEL, 5501FEL, 5502MON, 5520PRO, 5550HAN, 5700MAN, and 5750MIR. "The model number is located on a sticker on one of the legs underneath the play yard", according to the report.

Click here to read the entire report.

Please take these recalls seriously.  Many Americans, including children, are seriously injured or killed each year due to defective products.  For 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 Victor E. Long, Esq.

A recent carnival accident injuring dozens of Washington State Children,  highlights  concern regarding amusement park safety.  According to the Washington Post,  although the Consumer Product Safety Commission regulates children's toys, strollers, bicycles and car seats, it has no jurisdiction over rides at fixed amusement parks, such as those run by Walt Disney Co., Six Flags, Universal and Anheuser-Busch Entertainment that host an estimated 300 million people on 1.84 billion rides annually.

Although the rate of injury is low, the consequences of even a single failure can be catastrophic to the individuals involved.” Safer Parks recommends the following safety tips for amusement park patrons of all ages:

• Read and obey all posted rules and regulations.
• Make sure the ride is appropriate for the rider.
• Securely latch all restraints and use grab bars.
• Stay in the "locked and loaded" position for the entire ride cycle.
• Take frequent breaks if you're riding high-g rides.  High-g refers to the force of gravity.
• Stop riding before you get excessively tired.
• Drink plenty of fluids throughout your stay at an amusement park or carvinal.
• Never ride while under the influence of alcohol or drugs.
• Don't get on any ride that looks poorly-maintained or if the operator is inattentive.
• Report any accidents, problems, or safety concerns to the appropriate officials.

Amusement rides are “complex, powerful machines that expose children and adults to extremes of speed, height, and dynamic force. Although the rate of injury is low, the consequences of even a single failure can be catastrophic to the individuals involved.”

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Les Weisbrod, the President of the American Association for Justice, has recently published a very interesting article concerning the Sunshine in Litigation Act S.537, H.R. 1508.  The article is published in the National Law Journal.  The article discusses how numerous corporations, in the hopes of limiting bad publicity, are forcing injured persons to keep the details of their settlements confidential.  This unfairly limits the public's knowledge of dangerous products.    

As Mr. Weisbrod states:   "When wrongdoers settle cases involving their irresponsible conduct, they often force injured consumers to agree not to reveal any of the details of the case — even if the product remains on the market and the information could warn the public of a potential health hazard. In fact, manufacturers of faulty products regularly insist that any and all information turned over to injured consumers and their attorneys be kept secret."

However, it appears that help is on the way.  State and federal court systems in 41 states have taken steps to limit court secrecy. In Congress, legislation introduced last month called the Sunshine in Litigation Act, S. 537, H.R. 1508, is an important step in helping reform the broken system of court-enforced secrecy. Federal judges would have the tools needed to evaluate whether secrecy agreements cross the line when public safety information is involve.     

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As reported by Science Daily  and the American Journal of Preventive Medicine, the injury rate for golf carts increased over 130% between 1990 and 2006.   Golf carts  are becoming more popular as primary transportation at sporting events, hospitals, airports, military bases, businesses, parks and college campuses.   About 1,000 Americans a month are injured in golf cart accidents.

Nationwide Children's Hospital, Center for Injury Reserach and Policy, where the first comprehensive study relating to golf cart injuries was conducted, recommends "Because golf carts are not designed for the safe transportation of children, their use for transporting children should be strongly discouraged....In addition, private and public facilities that allow golf cart use can help prevent cart--related injuries by requiring driver's licenses and safety/operations training, establishing safety policies and considering golf cart safety in the design of pathways and landscapes. Given the large increase in golf cart--related injuries over the study period, greater efforts are needed to prevent these injuries, especially among children."

According to a another study conducted by the Center for Injury Sciences at the University of Alabama at Birmingham, golf cart injuries are steadily and significantly increasing, an indication that safety standards and driver education are needed.  "The researchers analyzed a national database of emergency room records from 2002 through 2005. They conservatively estimated there were about 48,000 golf cart accidents nationwide during that four-year period, or about 1,000 a month. Roughly half the accidents occurred on golf courses, the other half at homes, on streets and on other public property.  Fractures and head trauma were the most common injuries found in the study. The highest injury rates were found in 10- to 19-year-old boys and men older than 80."

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By Catherine D. Bertram, Esquire and Salvatore J. Zambri, Esquire

The United States Supreme Court will hear the case of a 13 year old girl from Arizona who was strip searched at school. The Supreme Court will hear arguments about whether school officials violated this child's Fourth Amendment rights.  The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches.

According to the Associated Press article (4/20, Rotstein), "Savana Redding was 13 years old when she was told to remove her clothes for a strip search by school officials looking for the equivalent of two Advils. And while the humiliation hasn't diminished in the past five and a half years, she hopes the U.S. Supreme Court can do something about the emotional scar." Now, "the nation's highest court will hear the 19-year-old's case Tuesday against Safford Middle School officials who searched her for prescription-strength ibuprofen pills that a fellow student accused her of having."

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Posted by Regan Zambri & Long.

As more households acquire or upgrade to big screen televisions, more dangers for children are associated with them.  Although many of these TVs are lightweight, their bases and stands used to hold them frequently are much smaller.  SafeKids Worldwide, a global network of organizations whose mission is to prevent unintentional childhood injury, recommends securing bookcases, shelving, televisions and appliances to walls with brackets and anchors.  

For plasma or LCD TV installation, experts in home childproofing advise:

• Attach it securely to a wall. 
• If using a TV stand, read the instructions to determine what size TV it can safely hold.
• Include specially made safety straps to hold your TV in place on the stand.
• Never put items on top of the TV, especially something a child may try to reach.

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Each year during the first week of February, the American Burn Association selects a relevant topic to kick off their media campaign to educate the general public about burn prevention.  For 2009, the focus is on scald prevention and treatment.  According to the American Burn Association’s Scald Prevention Information, nearly 24,000 children are treated for scald injuries in emergency rooms annually.  The highest at risk groups for scald injuries are “young children, older adults and people with disabilities."

According to Consumer Reports Health, the following are most common sources for scalds:

•  “Boiling water from pots, pans or kettles
•  Very hot drinks, such as freshly brewed tea or coffee
•  Steam from steamers or kettles
•  Hot plates, hot rings, oven doors
•  Hot irons
•  Hot baths
•  Hot faucets.” 

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Previously, the DC Metro Area Personal Injury Law Blog reported the FDA press release specifying details of the recall of bulk packaged peanut butter and peanut paste produced by Peanut Corporation of America (PCA).  Those products are generally distributed by institutional and food service industry use.  The recall was prompted by a widespread outbreak of Salmonella, known to have affected more than 500 people nationwide.

The FDA announced an expanded recall recently to include all peanuts and peanut products processed by Peanut Corporation of America in its Blakely, Georgia plant since January 1, 2007.  We have reproduced the FDA Press Release in its entirety below:

Recall -- Firm Press Release

FDA posts press releases and other notices of recalls and market withdrawals from the firms involved as a service to consumers, the media, and other interested parties. FDA does not endorse either the product or the company.

Peanut Corporation of America Expands Nationwide Recall of Peanut Products
PCA Announces the Voluntary Recall of All Peanuts and Peanut Products Shipped from Georgia Plant

Contact:
Peanut Corporation of America
1-877-564-7080

FOR IMMEDIATE RELEASE -- Lynchburg, Va. (January 28, 2009) – Peanut Corporation of America (PCA) is voluntarily recalling all peanuts and peanut products processed in its Blakely, Georgia facility since Jan. 1, 2007. Previously, PCA announced a recall of peanut butter and peanut paste. PCA sells its products to institutional and industrial users for service in large institutions or for sale and further processing by other companies. PCA does not sell peanuts or peanut products directly to consumers in stores.

PCA is not aware of any complaints or reports of illness involving the additional peanuts and peanut products subject to this expanded recall. PCA is acting out of an abundance of caution and with the U.S. Food and Drug Administration’s help to recall all products manufactured in its Georgia facility. PCA is voluntarily taking this larger recall action following almost two weeks of inspection and review at the Georgia facility.

The expanded recall includes all peanuts (dry and oil roasted), granulated peanuts, peanut meal, peanut butter and peanut paste. All of the recalled peanuts and peanut products were made only at the company’s Blakely, Georgia facility; the lot numbers and a description of the products being recalled are listed at the end of this release. The Blakely, Georgia facility has stopped producing all peanut products.

The voluntary recall comes amid an FDA investigation into a nationwide salmonella outbreak that has sickened more than 500 people nationwide beginning in September, with the largest number of illnesses reported in November. Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Because some of our peanut products have been used by manufacturers of pet food, we are also alerting the public that Salmonella is an organism that can potentially be transferred to people handling pet treats exposed to Salmonella, especially if they have not thoroughly washed their hands after having contact with the products or any surfaces exposed to these products. Pets with Salmonella infections may be lethargic and have diarrhea or bloody diarrhea, fever, and vomiting. Some pets will have only decreased appetite, fever and abdominal pain. Well animals can be carriers and infect other animals or humans. If your pet has consumed the recalled product and has these symptoms, please contact your veterinarian.

The potential for contamination was noted after samples from peanut butter containers and environmental samples from the Blakely, Georgia facility tested positive for Salmonella. The U.S. Food and Drug Administration has said the investigation is “very active and dynamic,” and PCA continues to work closely with the FDA and the Centers for Disease Control and Prevention as they continue their investigation into the nationwide outbreak of Salmonella.

PCA is notifying customers who received recalled products by phone and/or in writing. Customers should segregate and hold the product and call PCA at 1-877-564-7080 for further instructions. Consumers should contact the FDA and visit the agency web site at www.fda.gov for a complete list of all products affected.

“We have been devastated by this, and we have been working around the clock with the FDA to ensure any potentially unsafe products are removed from the market immediately,” said Stewart Parnell, President of Peanut Corporation of America. “Additionally, we are working alongside state and federal food safety experts in every way we can to help them protect consumers, both now and in the future.

“We want our customers and consumers to know that PCA is taking extraordinary measures, out of an abundance of caution, to identify and recall all products that have been identified as potential risks.”

The recalled peanuts and peanut products were distributed nationwide to institutions, food service industries, and private label food companies as well as and in Canada, Haiti, Korea and Trinidad.

All lots that are affected begin with the lot number 7, 8 or 9. The following is the description of the products being recalled:

Description:
Peanut Butter All Styles All Sizes All Lots beginning with 7, 8, or 9
Peanut Paste All Styles All Sizes All Lots beginning with 7,8, or 9
Peanut Meal All Styles All Sizes All lots beginning with 7, 8, or 9
Peanut Granules All Styles All Sizes All lots beginning with 7, 8 or 9
Peanuts All Styles All Sizes All lots beginning with 7, 8 or 9

 

 

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Although everyone wishes that Halloween could just be a night of carefree fun, there are many dangers that both children and adults face on Halloween.  Topping the danger list is probably drunk driving.

The DC Metro area participates in SoberRide service, providing free taxi rides for drunken individuals on Halloween between 10 p.m. October 31 and 6:00 a.m. November 1.  For more information, call (800) 200-8294 (TAXI).

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Halloween can be a very dangerous night for children who frequently become young, and not always very street-smart, pedestrians as they trick-or-treat.  AAA provides the following tips for motorists, parents, and children when making Halloween plans. Crashes involving fatalities, drinking or children increase on Halloween.  Following these AAA precautions could help prevent such incidents.

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DC Metro Area Personal Injury Law Blog recently posted an article on the Halloween hazards that young children face every year. Since this Halloween falls on a Friday, condensing all the party-going and trick or treating to one or two nights, instead of spread out over a week. Because there will be a much larger number of people out that may be participating in raucous activities, it is important that people of all ages keep safety in mind. The following are some great facts and tips on how, and why, to keep safe this Halloween, found in a AAA article.

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Globalization has lead to many great advancements, including our food supply here in the US. However, globalization not only makes information travel faster it can also lead to disease and illnesses traveling faster. An unfortunate example of such a consequence is the Melamine scandal in Chinese dairy products. Although the majority of melamine contaminated goods were found in China, because of our trade system, U.S. citizens should be concerned as well. The U.S. Food and Drug Administration FDA has been conducting extensive research on the possibility of Melamine contaminated food in the U.S. and has found several possible sources of it, including candy.

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Some parents believe that, to ensure their teens' safety, they should allow their children to drink at home with parental supervision so that they won't try to do it in a dangerous environment. Maryland recently enacted a law that will now fines such parents $1,000-$2,500. This applies to any adult over the age of 21 that is caught providing an underage drinker with alcohol. A repeat offense increases the fine to $5,000.

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Stories of Halloween hazards are usually concerned with some sort of spiked candy but it turns out that though the possibility of contaminated treats should not be ignored, the incidents of finding such candy is extremely rare. A more realistic hazard to children on Halloween is the increased chance of them getting hit by a car. According to a 1997 Centers for Disease Control and Prevention (CDC) study an average of one child died per night from 1975-1996 however,  during these 21 years, four children died between 4 p.m. and 10 p.m. on Halloween.  This dramatic fourfold increase in children's Halloween deaths is alarming.

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Previously on DC Metro Personal Injury Law Blog, the risks associated with keeping baby chickens and ducks as pets were highlighted in an April, 2007 posting. Unfortunately, it is becoming evident that many other popular animals pose the same threat of passing salmonella, as well as other diseases, on to humans, according to an Associated Press article about a recent study about the dangers of owning exotic animals. Most exotic animals, including turtles, snakes, lizards, hedgehogs, mice, rats, hamsters, and many more, are known to be of a higher hazard than more common pets such as dogs and cats. This danger is most threatening to children, especially those under the age of 5, and those with weakened immune systems.

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October is National Fire Prevention Month in commemoration of the Chicago fire of October 8, 1871, that lead to the deaths of 300 people and the destruction on 18,000 buildings. In spite of modern fire -resistant designs for cities, fires are still the third leading cause of injury related deaths in homes today, according to the Home Safety Council. In this day and age there are many preventative measures we can take both through technology and planning. Fire safety professionals are trying to raise the awareness of citizens because they find that the average person underestimates the likelihood of a home fire and yet in home fires cause the death of 3,400 deaths per year.

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Over the last 25 years, a single sport has been responsible for more than 2/3 of all catastrophic sports injuries to high school and college female athletes in the United States.  That sport:  cheerleading.  The finding recently was published in the 25th Annual Report of the National Center for Catastrophic Sports Injury Research, part of the University of North Carolina at Chapel Hill.  The report sheds light on a danger that has largely gone unrecognized by many school districts, cheerleading coaches, parents and athletes alike. 

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NewsInferno.com reports that although product recalls are considered to be a powerful way to ensure consumer safety, sometimes recalls are just not enough.  Despite recall notices and warnings, consumers continue to use products that have the potential to seriously injure or kill, according to the U.S. Consumer Product Safety Commission (CPSC).

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Late Summer is a season of carnivals, festivals and open-air malls -- all venues where thousands of young people receive popular black henna tattoos each year.  While popular opinion holds that the brushed-on tattoos must be safer than traditional needle-and-ink versions, that isn't necessarily the case.  The U.S. Food and Drug Administration (FDA) receives many reports each year of adverse reactions to henna tattoos, many of which are attributed to exposure to p-phenylenediamine (also known as PPD) -- a dangerous black dye used to produce henna ink.

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As gas prices rise, more commuters are relying on bicycles.  The recent death of a bicyclist when a garbage truck turned into her lane has prompted a heightened public awareness regarding bicycle safety.   The Washington Area Bicyclist Association (WABA) calls for increased safety measures due to an influx of bike traffic. Continue Reading...

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More than half of American teens report consuming alcohol, and more than 40% of those underage drinkers say they often get their alcohol free from an adult.  One in four report receiving free alcohol from an unrelated adult, one in 16 report receiving it from a parent or guardian, and one in 12 say they have received it from a family member.  The findings are the result of research recently conducted by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA).

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The opportunity to go barefoot may be one of the greatest conveniences of summer, but without socks and shoes, your feet are exposed to a number of potentially serious personal injuries.  Before you head outdoors without your footwear this season, take a moment to familiarize yourself with these foot safety considerations from the American College of Foot and Ankle Surgeons (ACFAS).

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A 2006 study conducted by the Center for Injury Research and Policy (CIRP) found children are injured more frequently by fireworks compared to the general population. Nationwide Children's Hospital reported fireworks injuries ranged from minor burns and corneal abrasions to severe burns, vision and hearing loss and even death. Members of the Alliance to Stop Consumer Fireworks caution parents should not buy or use consumer fireworks at home and instead can enjoy public displays by professionals. Continue Reading...

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As of July 1, 2008, some of Virginia's incomprehensible laws will no longer be on the books.  For example, restaurants in Virginia can now serve sangria (a mixture of red wine, fruit, triple sec and brandy), as legislators as have disposed of a law that prohibits restaurants from serving drinks that mix wine or beer with liquor.  Legislators have also done away with the "marriage offer" loophole, which protected men who sexually attack girls between the ages of 14 to 16 as long as they offer to marry the victim.  However, as the Washington Post reports, most of the new laws that take effect July 1st will concern Virginia drivers.  Continue Reading...

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Despite the high gas prices this year, many are planning to drive out of town for the holiday weekend. However, with driving come the risks of drunk driving, unrested drivers, and other dangerous road conditions. To help reduce these risks, the National Highway Traffic Safety Association (NHTSA) has issued a "July 4th Planner 2008." Continue Reading...

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The National Insurance Crime Bureau (NICB) is in the process of developing a database, VINcheck, which would use a car's Vehicle Identification Number (VIN) to track vehicles that have been declared a "total loss" by insurance companies.  The database will be free for the public to access and already has the support of hundreds of insurance companies who would be responsible for submitting the VIN to NICB for tracking. Continue Reading...

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Most Americans celebrate Fourth of July evening by watching a fireworks display.  Fireworks can cause serious injuries to children and adults alike.  For those who choose to put on fireworks at home without a professional, the National Council on Fireworks Safety (NCFS) has a few safety tips. Additionally, learn what types of fireworks are and are not permitted in the state where you'll be celebrating.  The chart below illustrates fireworks regulations for the DC Metro Area.

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Summer: those few cherished months when most flock to the outdoors to take advantage of the abundant sunshine. However, a recent report from Forbes cautions most outdoor summer activities can also lead to serious injuries. The article ranked the "Most Hazardous Summer Activities" proportional to the reported injuries in 2007.  A companion article entitled "Most Hazardous Sports" warns the consequences of many popular summer sports as well.

The results are not what you'd expect.  Shark attacks or jellyfish stings do not top the list. Instead, many everyday summer activities can cause more harm than most realize.
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The U.S. Consumer Product Safety Commission (CPSC) and Jardine Enterprises have announced yesterday that the company will recall approximately 320,000 cribs sold within the past 6 years.  The cribs were sold mainly at Toys "R" Us and Babies "R" Us locations nationwide.  The names of other stores carrying the Jardine cribs can be found in the press release issued by CPSC.
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Nearly 36,000 children and adolescents (up to 21 years of age) are treated for bunk bed-related injuries across the nation each year, according to a recent study conducted by The Research Institute at Nationwide Children Hospital.
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Almost all high school baseball players should wear headgear on the field to protect them from injuries from batted balls, and most players should consider wearing mouth guards to help prevent oral injuries.  Those recommendations and others are the result of new injury research published in a recent edition of the medical journal Pediatrics -- the official journal of the American Academy of Pediatrics.

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While many high school students engage in behaviors that place their health at risk, the percentage of those students is lower today than it was in the early 1990s.  The finding is the result of a recent Youth Risk Behavior Surveillance Survey conducted by the U.S. Centers for Disease Control and Prevention (CDC).

Unfortunately, many of those substantial improvements were not noted among Hispanic high school students -- a group which is still more likely, overall, to use drugs, attempt suicide, and engage in risky sexual behaviors than either black or white teens.  That trend is particularly troubling, according to researchers, as Hispanic people comprise the largest and fastest-growing minority group in the U.S. 

The CDC survey is conducted every two years.  In 2007, more than 14,000 students participated.  Those students were drawn from 39 states and 22 urban school districts.

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It's called "21 for 21" -- college students knock back 21 alcoholic drinks on their 21st birthday, jeopardizing their health and their lives.  The deadly effects of the drinking ritual are the subject of new research conducted at the University of Missouri, and recently published in the Journal of Consulting and Clinical Psychology. Continue Reading...

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The rain, wind and lightning associated with summer storms poses a number of safety threats to people in the DC metro area each year – many of which stem from power outages.  Fortunately, some simple preventive measures can help to minimize the inconvenience of unexpected losses of power, and can safeguard the health of your entire family.  The U.S. Centers for Disease Control and Prevention (CDC) offers the following recommendations for coping with a sudden loss of electricity during inclement weather:

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Summer lawn mowing is such a routine activity that many people tend to view it as being less dangerous than it actually is.  Each summer, tens of thousands of Americans are injured by lawn mowers.  This summer, four national medical societies have teamed up to encourage homeowners to be especially careful around lawn mowers.  The American Society for Reconstructive Microsurgery (ASRM), the American Academy of Orthopaedic Surgeons (AAOS), the American Society of Plastic Surgeons (ASPS), and the American Academy of Pediatrics (AAP) all offer the following safety tips to help protect people from lawn mower injuries this season:

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A ten-year-old South Carolina boy died last week from a danger many parents were unaware of until recently.  Dry drowning occurs when water enters the lungs, preventing proper breathing.  This can occur anywhere from 1 to 24 hours after the water has been ingested.

Because the warning signs are common in children and are not necessarily indicative of a problem, the signs are often ignored.  However, WebMD has provided a list of warning signs that parents should be especially wary of after their child has been swimming or taking a bath. Continue Reading...

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Getting ready for a weekend at the beach? Going outside for a walk or bike-ride? If so, be sure to properly protect yourself from the sun. The FDA's "tip sheet" offers advice on how to take steps to prevent skin cancer. These tips will surely help, yet a study released by the Environmental Working Group has shocking results. The study measured over 1,000 top brand-name sunscreens' effectiveness and found 85% percent weren't performing up to par.
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With powerful, fast-moving thunderstorms sweeping through the DC area yesterday, and with more storms on the horizon this summer, it's important to be familiar with some general lightning safety tips.  Understanding lightning and its dangers, as well as what to do during a storm can help significantly reduce the risk of lightning related injury, or even save your life.  Continue Reading...

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Beach Week is on the horizon for students across the country, and while the main concerns for students may be where to go and how to divide the food costs evenly, the main issue for parents is the safety of their children.  A survey in the Archives of Pediatric and Adolescent Medicine lists many concerns including frequent underage drinking, drug use, driving while intoxicated, and promiscuous unprotected sex.  However there are many steps a parent can take to ensure their child’s safety and well-being. Continue Reading...

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Children splashing and playing, backyard pools, bright sunny days. These are some of the telltale signs of summer. However, a new report from the Consumer Product Safety Commission (CPSC) reports that scenarios such as these can create dangerous conditions for young children. Commission Chairman Nancy Nord cautions parents and caregivers must be vigilant in situations involving young children and bodies of water. The Wall Street Journal published an article outlining steps parents and pool-owners can take to ensure children are safe.

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Memorial Day Weekend marks the beginning of high-visibility enforcement of seat belt laws by law enforcement agencies throughout the nation as part of the 2008 Click It or Ticket campaign.  The enforcement period for 2008 runs from  May 19 - June 1, with paid media coverage of the campaign running from May 12 - May 26.

As part of this year's Click It or Ticket event, the National Highway Traffic Safety Administration offers the following facts regarding seat belt use:

"When parents travel without their safety belts, their children’s restraint use drops by 36 percentage points.

In 2004, 55 percent of those killed in passenger vehicles were not wearing safety belts.

Safety belts are effective in preventing total ejections; only 1 percent of the passenger vehicle occupants reported to have been using restraints in fatal crashes were totally ejected compared with 29 percent of the unrestrained occupants.

Motor vehicle crashes in 2000 cost a total of $230.6 billion. This equals $820 for each person living in the United States.

The general public pays nearly three-quarters of all crash costs, primarily through insurance premiums, taxes, delays, and lost productivity.

The African-American population is expected to increase by 13 percent by 2010, which will significantly increase its exposure to traffic crashes."

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Lakes, reservoirs, rivers and other waterways across the U.S. offer excellent opportunities for many recreational summer activities, including boating.  Those same waterways pose a number of inherent dangers to boaters, too, however.  This year, May 17 - 23 has been proclaimed National Safe Boating Week -- an observance designed to raise awareness of safe boating and injury prevention on the water. 

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According to a recently-completed, decades-long study  published in the journal Health Physics, exposure to low-levels of radon commonly found in homes in the United States does not appear to contribute to the development of lung cancer and may actually reduce a person's risk of developing lung cancer.

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Spring and Summer are great seasons for cookouts and get-togethers of all kinds with friends and family.  Unfortunately, they're also seasons when rodent populations reproduce continuously.  Mice and other rodents are particularly effective carriers of a number of dangerous diseases, including hantavirus.  This year, take some precautionary steps to protect yourself and your friends and family, and to ensure that unwanted, furry guests don't spoil your party.  The following rodent prevention tips are provided courtesy of the U.S. Centers for Disease Control and Prevention (CDC):

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For teens, dating is one of life's greatest rites of passage.  It's also a time when many adolescents acquire the interpersonal and social skills that will help them build positive, respectful relationships throughout their adult lives.  Unfortunately, it's a time when some teens are exposed to abusive relationships and acquire the kinds of unhealthy relationship behaviors that can put them at risk of abuse well into their adult lives. 

To help promote healthy, respectful relationships and guard against the personal injuries that frequently stem from abuse, the U.S. Centers for Disease Control and Prevention (CDC) maintains the website ChooseRespect.org -- an online resource for teens and parents aimed at preventing teen dating violence.  Following are some teen dating violence statistics:

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One of the deadliest risks faced by motorists is the risk of a rollover accident -- particularly for those who drive SUVs, minivans and trucks, which tend to have a higher center of gravity and a greater propensity to tip.  According to the National Highway Traffic Safety Administration (NHTSA), more than 280,000 rollover accidents are reported each year. Those rollovers kill more than 10,000 motorists annually.  Continue Reading...

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Did you know that by age 18, most teenagers have already accumulated 50% - 80% of their lifetime sun exposure?  That's one reason why it's vitally important for parents to help ensure that their children are taking appropriate sun safety precautions.  This Spring and Summer, you can help protect the health of your children by following some basic sun safety tips for kids, provided here courtesy of KidsHealth.Org: Continue Reading...

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Approximately one in five women seeking pediatric care for their children at an urban clinic recently disclosed that they and their children had been abused or exposed to domestic violence -- a finding that echoes the results of several similar studies conducted nationwide.  The finding is the result of a new study published in a recent edition of the journal Pediatrics.

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Teenage drivers in the U.S. often overestimate their level of driving experience. That false confidence in their driving abilities puts them at risk for accidents and personal injuries.  The finding is a result of new research published in a recent edition of the journal Pediatrics.

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Contrary to what you may hear or see on television, most teens aren't drinking and driving or using illegal drugs this prom season.  Still, each year many talented and promising young people across the U.S. are, in fact, killed in prom-related accidents -- many involving drugs or alcohol.  This year, take time to review with your teenager the importance of exercising good judgment and making responsible decisions related to the risky behaviors that he or she might have an opportunity to engage in following a high school prom.

The following prom safety tips for kids and parents are provided courtesy of The Children's Hospital:

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The U.S. Food and Drug Administration (FDA) has issued a final regulation which bars some cattle materials from all animal feed, including pet food.  The new rule is aimed at protecting consumers against bovine spongiform encephalopathy (BSE -- also known as Mad Cow Disease). Continue Reading...

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Compact fluorescent light bulbs (CFLs) are popular, spiral-shaped, energy-saving light bulbs, often touted as "green" alternatives to incandescents.  The new bulbs tend to use much less energy and last several times longer than traditional bulbs, but unlike traditional incandescent bulbs, CFLs contain mercury, and when broken they represent a health hazard to consumers.  According to the U.S. Environmental Protection Agency (EPA), broken CFLs can be cleaned-up and disposed of safely, but perhaps not as easily as you might expect.  To reduce the likelihood of personal injury when handling broken compact fluorescent bulbs, be sure to keep the following safety tips in mind: Continue Reading...

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Outdoor play equipment and playgrounds provide kids with great opportunities for fun and exercise, but they also pose a few safety hazards.  Improper playground surfaces, faulty recreational equipment and dangerous behavior can all put playful children on a fast track to the emergency room. 

The U.S. Consumer Product Safety Commission (CPSC) recently released an update to its Handbook for Public Playground Safety.  Additionally, the agency has offered the following safety tips to avoid playground hazards and injuries, and to help make National Playground Safety Week the official kick-off of a safe and fun summer season:

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Contractors working on homes built prior to 1978 will soon be forced to take extra safety precautions to protect children from the dangers of lead paint, thanks to a new rule set by the U.S. Environmental Protection Agency (EPA) which will take effect in April 2010.  Continue Reading...

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Record numbers of U.S. girls are participating in sports, but outside of organized sports, their physical activity levels are declining, especially as they become adolescents.  The findings are the result of recent research conducted at the University of Minnesota Tucker Center for Research on Girls & Women in Sport, and presented in a new report titled Developing Physically Active Girls. Continue Reading...

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Runners who take part in day-long "ultra-marathons" experience much of their fluid loss in the first 8 hours of the race, demonstrating the importance of early hydration, a study has found.  Published in a recent edition of the Clinical Journal of Sport Medicine, researchers in this latest study repeatedly weighed 52 ultra-marathoners (runners in day-long marathons) over the course their race, which was either a 12- or 24- hour event. Continue Reading...

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More than 26,000 American children end up in hospital emergency rooms due to gymnastic-related injuries each year, according to a new study in a recent issue of the journal Pediatrics.  What's more, although half a millions U.S. kids compete in gymnastics each year, competitive pressure has generally been increasing, meaning that children are competing at younger ages. Continue Reading...

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Rap music glamorizes recreational drug use and portrays illegal drugs such as crack and cocaine as symbols of wealth and status, according to recent research conducted at the University of California - Berkeley School of Public Health. 

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