Posted by: Salvatore J. Zambri, founding member and partner
Over the past several years, we have blogged about a number of safety issues, including some simple commonsense practices that can help you enjoy your holiday safely. Listed below are some of our earlier holiday safety posts:
The AP (12/15) reported that the Insurance Institute for Highway Safety "named a record 115 vehicles as 'top safety picks' Monday, including the new versions of the Honda Accord and Toyota Camry." This list "includes 18 new recipients on top of the 97 who qualified for the award last year and had it carry over to the 2012 model year."
CNNMoney (12/15, Valdes) noted that in order "to earn a Top Safety Pick Award, a vehicle must earn top marks from the Institute for front and side impact protection, rollover protection and whiplash protection."
When purchasing a vehicle, please do so with safety in mind first. And remember, never drive distracted.
Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association has recently named him the " 2011 Trial Lawyer of the Year". He has also been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2012 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2012)--a national publication that honors the top lawyers in the country.
Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning defective products, medication errors, medical malpractice litigation, and safety improvements.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com. You may also reach him at 202-822-1899.
As a parent of four children, I frequently receive notices from their schools about upcoming events that could involve my children. One of the most powerful recent notices forwarded to me from Whitman High School illustrates how important it is to constantly communicate with your children regarding safety issues. I am reproducing the school's notice below in its entirety.
"While Homecoming is a time for fun, it is also one of those times of years when students are more likely to make a bad decision. Please take steps to keep your child safe and be forever vigilant. The tip sheet below can help you in the endeavor to help your child have safe fun!
Drugs and Alcohol Guidelines for Initiating a Healthy Parent/Teen Conversation
Numerous research studies have shown that parents can positively impact their teens’ decisions about alcohol and drug use by talking with them about it. It is particularly important to have conversations about drugs and alcohol prior to social activities, whether private parties or school-sponsored activities such as Homecoming and Prom.
Suggestions for starting this conversation with your teen and setting appropriate boundaries:
Ask your teen what he/she knows about alcohol and what he/she thinks about teen drinking, including why kids drink. Listen carefully without interrupting. This approach can help your teen feel heard and respected, and leads into further discussion.
Although many kids believe they already know everything about alcohol, myths abound. Some facts to share:
Alcohol is a powerful drug that slows down the body and mind, impairing coordination, vision, clear thinking, reaction time, and judgment.
Beer and wine are not safer than hard liquor.
The younger a person begins to drink or use drugs, the higher the likelihood they will become addicted.
On average it takes 10+ hours for a single drink to leave the system. Nothing can speed up this process, including coffee, cold showers or “walking it off.”
People tend to be very bad at judging how seriously alcohol affects them. Many people who drive after drinking think they can control a car, but actually cannot.
Anyone can develop a serious alcohol problem, including a teen. In fact, the mean age of alcoholism is now 16 years of age.
Talk about good reasons why teens shouldn’t drink or use drugs (it’s illegal, to maintain self-respect, it can be dangerous and unhealthy, etc.). Don’t forget to emphasize that YOU want your child to avoid illegal drugs and alcohol. Remember that your values and attitudes count with your child, even though he or she may not always show it.
Please Remember
It is illegal for parents to host parties where there is underage drinking. By Montgomery County law, parents can be held responsible and may be subject to heavy fines if there is any underage drinking on their premises. If you are out of town, please consider arranging chaperones for your home.
Set limits and monitor your teen’s whereabouts. Ask your teen to tell you his/her destination whenever he/she leaves home, and to call if plans change. If it sounds overly vague, ask for more specifics. If you find that your teen was not completely up front in explaining his or her whereabouts, restrict his/her privileges for a while.
Band together with other parents and present a unified front against drugs and alcohol. If none of the teens in your child’s group have total freedom, peer pressure will be reduced.
Put yourself in your teen’s shoes. Talk to her/him about what might help to resist peer pressure. “Just say no” wears a little thin by the teen years, but you might brainstorm tactics together, such as “I don’t drink (smoke) because I don’t like the taste.” “I’m not going to have a drink because if the coach finds out, I’ll be kicked off the team.” “If my parents find out I won’t be able to use the car for a month.” "
Each year during the month of October, attention focuses on fire safety and prevention. This issue deserves year-round attention. Protect your family by addressing potential fire hazards throughout your home routinely and utilize preventive measures to avoid fires. Taking steps to fireproof your home can go a long way in protecting your property and, most especially, saving your family.
The following listing includes the most frequent causes of bedroom fires:
Misuse or poor maintenance of electrical devices
Careless candle use
Smoking in bed
Children playing with matches or lighters
All of the above fire hazards are easily addressed by planning ahead and using common sense. In addition, pay attention to this simple fire safety checklist reproduced from About.com:
"Install and maintain a working smoke alarm outside of every sleep area and remember to change the battery at least once a year.
Designate two escape routes from each bedroom and practice them regularly.
Teach everyone the 'Stop, Drop, and Roll' technique in case clothing catches on fire.
Avoid storing old mattresses in the home or garage.
Teach kids that matches, lighters and candles are tools, not toys. If you suspect that a child is playing with fire, check under beds and in closets for telltale signs like burned matches. Matches and lighters should be stored in a secure drawer or cabinet."
Yes, there is an official government website for distracted driving. Why? Because distracted driving results in thousands of traffic crashes and deaths in this country every year. The epidemic of distracted driving continues to cause drivers to drive recklessly, leading to serious injuries and death.
Although states are responsible for their own driving laws, the distracted driving problem has reached such heights that The U.S. Department of Transportation created the Distraction.gov site to work with advocacy groups and others to "share knowledge and promote a greater understanding of the issue, and identify additional strategies to end distracted driving."
The New York Times has reported that the Consumer Product Safety Commission has recalled 460,000 containers of pourable fuel gel used in decorative fire pots. The fuel, which was manufactured by Napa Home and Garden Inc., was recalled after dozens of consumers suffered burns, some of which were nearly fatal. Some victims reported that the fuel "exploded in a flash, stuck to clothing and would not stop burning." The fuel has been sold since December 2009, under the names Napafire and Firegel.
Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association has recently named him the " 2011 Trial Lawyer of the Year". He has also been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2011)--a national publication that honors the top lawyers in the country.
Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning defective products, medication errors, medical malpractice litigation, and safety improvements.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com. You may also reach him at 202-822-1899.
ABC World News (5/31, lead story, 3:10, Sawyer) reported, "An important new alert about the safety of cell phones and the possible risk of cancer, brain cancer in particular...comes from the World Health Organization." NBC Nightly News (5/31, lead story, 3:10, Williams) reported, the WHO "statement labeling cell phones as a possible carcinogenic hazard comes from a panel of 31 scientists."
According to the AP (6/1, Cheng), the statement was "issued in Lyon, France, on Tuesday by the International Agency for Research on Cancer" (IARC) after a "weeklong meeting" during which experts reviewed "possible links between cancer and the type of electromagnetic radiation found in cellphones, microwaves and radar." The IARC classified cellphones in "category 2B, meaning they are possibly carcinogenic" to humans. The assessment now "goes to WHO and national health agencies for possible guidance on cellphone use."
The Wall Street Journal (6/1, Martin, Hobson, Subscription Publication) reports that the IARC working group did not conduct new research. Instead, the panel reviewed existing literature that focused on the health effects of radio frequency magnetic fields. Its findings are slated to be published July 1 in Lancet Oncology.
The New York Times (5/31, Parker-Pope, Barringer, Subscription Publication) "Well" blog noted that the panel's decision to "classify cellphones as 'possibly carcinogenic' was based largely on epidemiological data showing an increased risk among heavy cellphone users of a rare type of brain tumor called a glioma." Most "major medical groups," including the National Cancer Institute, have "said the existing data on cellphones and health has been reassuring." Earlier this year, the Journal of the American Medical Association "reported on research from the National Institutes of Health, which found that less than an hour of cellphone use can speed up brain activity in the area closest to the phone antenna."
The lesson here is simple: Don't blindly believe what the cell-phone companies are saying. their products may in fact cause cancer, according to international experts. Consequently, be safe. Use a cell phone only when necessary, and use an earpiece if possible.
Let's hope the cell phone companies do the right thing by both testing their products sufficiently and revealing the true results of the tests, so customers can make proper decisions to protect their health.
Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association has recently named him the " 2011 Trial Lawyer of the Year". He has also been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2011)--a national publication that honors the top lawyers in the country.
Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning defective products, medication errors, medical malpractice litigation, and safety improvements.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com. You may also reach him at 202-822-1899.
According to an article in the Los Angles Times, by Mark Lifsher, Quest Laboratories agreed to pay the State of California $241million to resolve a lawsuit that was pending against them. The lawsuit alleged that Quest Diagnostics paid illegal kickbacks to doctors, hospitals and clinics for steering patients their way. Quest denied any wrong doing.
California has a law, similar to the federal law, called the California False Claims Act, which provides a cause of action that that can be filed when citizens believe a company is defrauding the state. Here, the lawsuit alleged that Medi-Cal, California's program for the poor and disabled, was overcharged by Quest Laboratories. This is reported to be the largest such settlement in California's history.
This is a great example of ordinary citizens working with the government to identify alleged fraud and to seek and obtain settlements that reimburse states for funds. There is a similar statute called the False Claims Act that is applicable for fraud in the federal setting. In health care it can involve claims of false billing for medicaid or medicare patients. It can involve drug companies and hospitals or medical device companies who overcharge the federal government.
As we have posted previously, the ongoing battle between safety groups and the rental car industry continues. Following the deaths of two sisters renting a recalled vehicle and the subsequent jury verdict, the Center for Auto Safety and Consumers for Auto Safety and Reliability petitioned the FTC to force Enterprise Holdings, Inc. (the country's largest rental car agency) to repair vehicles under recall notice prior to renting them out.
As of November 1, 2010, Senator Charles Schumer got involved by writing to the FTC. According to a report by National Public Radio (NPR), "Schumer asked the FTC Monday to end the practice across the industry, telling the federal agency in a letter that "if automotive dealers are not allowed to sell recalled vehicles without first fixing the safety issues, then rental car companies should be held to the same standard. If a car is not safe enough to be bought and driven off the lot, then it is not safe enough to rent," Schumer wrote. Threatening legislation, he said that if the FTC "can't or won't act, Congress will."
Consumers need to have confidence that the vehicles they rent are safe enough to drive and not worry about whether the rental car agency has decided that profits are more important than safety. We will continue to follow this safety issue and blog about its implication for our readers.
Posted by Salvatore J. Zambri, founding member and senior partner
Although we have previously written a number of safety articles regarding Halloween safety, the number of possible situations for accidents is practically endless. A recent media release by the CPSC summarizes some important considerations for parents about costumes, treats, and decorations. We are reproducing the CPSC publication in its entirety for our readers:
"WASHINGTON, Oct. 28 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission (CPSC) wants parents of trick-or-treaters to know that there is nothing scary about preventing Halloween-related injuries. By taking a few simple safety precautions when selecting costumes and Halloween decorations, consumers can prevent burn, fall and laceration injuries.
Parents who make their kids' costumes can send off their little ghosts, goblins and superheroes safely by using inherently flame-resistant fabrics, such as polyester and nylon. These materials will resist burning if exposed to an open flame. When purchasing a costume, look for "Flame Resistant" on the product's tag or packaging
Lighting the night also is made safer when children have no access to open flames. Flameless candles, light sticks and flashlights provide a safe lighting alternative in jack-o'-lanterns and areas where children will have access.
"Uncovering Halloween's hidden dangers is simple with CPSC's safety steps," said CPSC Chairman Inez Tenenbaum. "Thoughtful costume selection, care with candles and careful placement of decorations and lighting will help ensure your Halloween is safe and enjoyable."
In addition to providing safety tips, the CPSC works to keep children and families safe during the holiday celebration by enforcing the Flammable Fabrics Act and recalling hazardous costumes and products at Halloween and throughout the year.
Make this year's holiday a safe one by following these safety tips on costumes, treats and decorations:
Costumes
When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes or billowing skirts.
Purchase or make costumes that are light colored, bright and clearly visible to motorists.
For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.
Children should carry flashlights to see and be seen.
To guard against trips and falls, costumes should fit well and not drag on the ground.
Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.
Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.
If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.
Swords, knives and similar costume accessories should be made of soft, flexible material.
Treats
Warn children not to eat any treats before an adult has examined them carefully for evidence of tampering.
Carefully examine any toys or novelty items received by trick-or-treaters younger than three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.
Decorations
Keep candles and jack-o'-lanterns away from landings and doorsteps where costumes could brush against the flame.
Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.
Indoors, keep candles and jack-o'-lanterns away from curtains, decorations and other items that could ignite. Do not leave burning candles unattended.
Indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.
Don't overload extension cords.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov."
CPSC Media Contact: (301) 504-7908
SOURCE U.S. Consumer Product Safety Commission
I have four children, who love Halloween, as most kids and parent do. We are one of those families that deck the house with all kinds of decorations to really get into the spirit of the holiday. However, my wife and I spend time with our kids every year, teaching them how to be careful as they "trick or treat" throughout our community. We are also very careful to take precautions with our decorations to be sure we put safety over fun. There is nothing fun about a tragedy.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, automobile accident, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Law and Politics (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Each year, we are reminded by the American Red Cross, local fire departments and other agencies that October is Fire Safety Month. Each year, we learn of tragic stories of families destroyed by fire, many of which could have been avoided by proper installation and maintenance of smoke alarms.
Recent publications by the American Red Cross emphasizes some simple yet critical guidelines for helping to minimize the potential fire dangers faced by families. We have reproduced one of the most recent articles below in its entirety for the benefit of our readers.
"Home Fires A Threat To All Of Us"
"Friday, October 15, 2010 — The American Red Cross and its 650 chapters respond to more than 63,600 home fires every year, or about 170 fires a day. Fire in the home is the most common threat to families in this country, and that danger increases as the weather turns colder and people turn to alternate sources to help heat their homes.
The use of such items as space heaters, fireplaces or coal or wood stoves can be dangerous if not used properly. Fires related to heating are the second leading cause of home fires in this country, and fixed and portable space heaters are involved in 74 percent of fire-related deaths.
Smoke alarms are one of the best ways to protect you and your loved ones in the event of a fire. They provide a few minutes of advance warning, and that extra time can save lives. According to the National Fire Protection Association, from 2003 to 2006, forty percent of all home fire deaths resulted from fires in homes with no smoke alarms, while 23 percent resulted from homes in which smoke alarms were present but did not operate.
The Red Cross recommends you install the alarms on every level of the home, as well as inside bedrooms, and outside sleeping areas of the home. They should also be tested once a month by pushing the test button, and batteries should be replaced yearly or as soon as you hear a low battery warning, which appears as a "chirping" noise for many alarms. Other tips include:
Keep smoke alarms clean by vacuuming over and around it regularly. Dust and debris can interfere with its operation.
Smoke alarms wear out. Replace your alarms every 10 years. If you can’t remember when you last replaced them, buy new alarms that are interconnected, if possible.
Teach children what the smoke alarm sounds like and what to do when they hear it.
Only 26 percent of families have developed a family escape plan. To ensure the safety of your loved ones, make sure that all household members know ways to escape from every room of your home. Designate a meet-up spot outside the home in case of fire. This fire escape plan should be practiced at least twice a year. Each household member should also know how to STOP, DROP and ROLL if their clothes should catch on fire."
For more information on Fire Safety and Prevention, visit www.redcross.org.
The safest home fire is the one that never occurs. Having an operational smoke detector in your home and educating your family with a sensible escape plan are the best ways to protect your family in the event of a home fire.
Underwriters Laboratories (UL), the leading product safety testing organization, offers safety tips for keeping Halloween traditions safe. Since Halloween has become the second most "decorated" holiday, improperly-used decorations and potentially flammable costumes contribute to the increase in home fires and burn-related injuries. According to John Drengenberg, consumer safety director for UL, "The most important Halloween trick is to keep safety top-of-mind. With 41 million trick-or-treaters expected to be out and about on Halloween night, following UL's safety tips can help families make Halloween scary for the right reasons."
We have reproduced below common-sense and easy-to-follow Halloween safety guidelines published by Underwriters Laboratories.
"Safe and Spooky Home Decorating
Don't Frankenstein Your Lights: When purchasing electrical decorations, make sure to shop at a reputable retailer and look for the UL Mark. Don't plug in electrical decorations that draw more watts than the rating of the cord. Use special, heavy duty extension cords for high wattage decorations such as fog machines and electrically-powered inflatable decorations.
Inspect Decorations with Fiendish Care: Look for loose connections, frayed or bare wires, and broken or cracked sockets when using lights to decorate the home for Halloween. When hanging lights, use plastic hooks or clips to reduce the risk of electric shock and fire hazards. Never nail or staple light strings. Look for a red UL Mark to indicate that lights are certified for both indoor and outdoor use. A green UL Mark indicates certification for indoor use only.
Beware of Candles: According to the NFPA, candles are the cause of approximately 15,000 reported house fires every year. To help prevent avoidable accidents, place candles far from decorations, window treatments and paper to avoid potential home fires. Candles, especially in a jack-o-lantern, should be off the ground and out of children's reach. Try battery-operated LED candles for an even safer option.
Light the Way for Trick-or-Treaters: Place lights on the outside edge of walkways and make sure all decorations are clear of where kids will be walking. Decorations that obstruct a walkway could potentially cause eager trick-or-treaters to trip or fall. Avoid using candles to light your walkway.
Clear the Cobwebs and Look for the UL Mark: When stringing up those skeleton and pumpkin decorations, check for the UL Mark on light strings, electrical decorations and extension cords. The UL Mark means the product has been found free of foreseeable hazards and is safer for your family.
Safe and Spooky Costumes
Say Boo! To Unsafe Costumes: Look for fire-resistant or flame-retardant materials – such as nylon – when purchasing costumes, fabric and accessories. Although these labels do not mean these items are fire-proof, it does indicate the fabric will resist burning and should extinguish quickly once removed from the ignition source.
Don't Trip up Your Goblins: Avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts, which could increase the risk of tripping and are more likely to come in contact with candles or other ignition sources.
Unmask Your Little Ghouls: Try to avoid outfitting your children in masks and instead use face paint. Masks can obstruct vision, and children may find it hard to breathe when wearing them. If a mask is used, make sure it fits securely and has eyeholes large enough to allow full vision.
Be Safe and Bright: Light and bright fabrics will be clearly visible to motorists. If your children do wear dark materials, decorate costumes with reflective tape or carry a flashlight
I have encouraged readers of my blog to enjoy Halloween safely. As a father of four, I know how wonderful the holiday can be. As a personal injury lawyer, I also know how tragic it can become. Please take precautions to have a fun and safe holiday.
Although many drivers are aware of the new cell phone law for drivers that Maryland adopted on October 1, fewer may know about the new bicycling laws that also are now in effect. Below are summaries of the major elements of the new laws:
Senate Bill 51:
"Requires a driver of a vehicle to safely overtake a bicycle, electric personal assistive mobility device (EPAMD), or a motor scooter at a distance of at least three feet, unless at the time, the bicycle, EPAMD,or motor scooter rider fails to ride to the right side of the roadway, comply with a requirement to ride in a bike lane or shoulder, or maintain a steady course.
The passing rule under the bill also does not apply if the highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least three feet."
Senate Bill 624 :
"Repeals the general requirement that a bicycle operator use the shoulder if it is safe and paved to a smooth surface.
Specifies that, in a place where a person may ride a bicycle on a sidewalk, a person may ride from the curb or edge of the roadway in or through a crosswalk to the opposite curb or edge. The definition of “crosswalk” is expanded to mean the connection of lateral lines of a bicycle way where a bicycle way and roadway of any type meet as measured from the curbs or the edges of the roadway.
Requires vehicle operators to yield the right-of-way to bicyclists riding in bike lanes and shoulders when these vehicle operators are entering or crossing occupied bike lanes and shoulders."
So, what exactly do these new laws mean for drivers and cyclists? According to Peter Moe, the Maryland State Highway Administration's Bicycle Safety Coordinator, the new laws provide more rights to cyclists in using the highways, but also increase the responsibilities for cyclists. "You can and should expect to see bicyclists on any roadway, apart from interstates. Bikes are considered a legal vehicle, and have a right to the roadway. But, cyclists have responsibilities that come along with those rights: they are required to obey all traffic laws. And yes, that means stopping at red lights and at stop signs. That's really for everyone's benefit: for the cyclist and the motorist."
The new laws are expected to reduce the number of cycling accidents because the predictability of what can be expected from both the bicyclist and the motorist. As I have advocated in so many of my previous posts, all users of the roads, whether drivers, bicyclists or pedestrians, must be aware of the other users of roads and respect their rights. Maryland's Choose Safety for Life Campaign provides further information regarding bicycle safety as well as other highway safety strategies.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition) and has been repeatedly named a "Super Lawyer" by Law and Politicsmagazine (March/April 2010)-- national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Once again, the National Highway Traffic Safety Administration (NHTSA) is promoting its annual national drunk driving enforcement during the final weeks of summer vacation in an effort to crack down on impaired driving and reduce highway fatalities.
2010 Impaired Driving National Enforcement Crackdown
August 20 - September 6, 2010
Enterprise-Rent-A-Car admitted negligence in the suit, but the company indicated that it "might not immediately carry out recalls it did not consider major safety problems," according to a recent story in the New York Times. Even though the National Highway Traffic Safety Administration cannot force rental-car companies to carry out recalls, a spokesman said “we expect the rental car companies to provide safe cars to their customers by submitting the recalled vehicles to the appropriate manufacturers for the appropriate safety repairs in a timely fashion.”
Unfortunately, putting profits above the safety of consumers seems to have become an acceptable part of the business plan for some corporations. Let's hope this trend reverses as enough people speak out about the dangers of overlooking or minimizing safety.
I blogged recently about legislation introduced to protect whistleblowers. The Financial Times (8/9, Eaglesham, Masters) reports that the Dodd-Frank financial reform bill includes new whistleblowing incentives that could mean multimillion dollar rewards for informants and could lead to an increase in allegations against US companies and banks. The purpose behind the bill is to encourage workers to come forward to stop companies from engaging in unethical, dangerous behavior that threatens consumer and patient safety, which, in teh end, also adversely impact our economy and communities.
I applaud the legislation, and I encourage workers to have the courage to come forward and speak out against corporate misdeeds.
My firm accepts whistleblower cases. We work to ensure that justice is obtained for the whistleblower and for all consumers.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including whistleblower actions, automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition), and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
I recently blogged about the Kellogg's cereal recall. Last week, CQ Today (8/4, Ferguson) reports "the House Energy and Commerce Committee is looking into the June recall of millions of boxes of Kellogg's Corn Pops, Honey Smacks, Froot Loops and Apple Jacks cereals after the company found that a substance in the package liner could produce a bad taste and smell." Committee Chairman Henry Waxman (D-CA) and Oversight and Investigations Subcommittee Chairman Bart Stupak (D-MI) "wrote on Aug. 2 to the company's chief executive, A.D. David Mackay," asking "about Kellogg's use of a packaging chemical that one study has linked to lung cancer in adults." They asked Kellogg "to document its investigation into the recall;" any "assessments of the potential health risks posed by the chemical, 2-methylnaphthalene;" and "the procedures it uses to ensure that products are not exposed to dangerous chemicals."
Let's hope Congress can get to the bottom of this issue so that it doesn't happen again.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has been named one of the "Best Lawyers in America" by Best Lawyers (2011 edition), as well as a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to a recent story in Trading Markets.com, "Appliance Recall Check is a new service that helps consumers identify recalled appliances in their homes. Most of the 195 million recalled appliances in American homes are not identified until there is a fire or other tragedy. Many other appliances with functionality recalls are replaced at the consumer's expense even though a manufacturer is responsible.
The first time a homeowner may be aware of an appliance recall is when a fire marshal tells them about the recall after a house fire. The story is not the 1.7 million dishwashers in the recent Maytag recall, but the more than 195 million other recalled appliances now in American homes.
The Consumer Product Safety Commission (http://www.cpsc.gov) website home page assures consumers that "You can find information on over 4,500 product recalls and recall alerts using the various searches on this page". That is true. The problem with the manufacturer and CPSC sites is that a consumer must wade through each of the individual recalls to find out if their dishwasher or other appliance is a potential hazard. This type of search is like searching the list of phone numbers in a phone book to find a specific name instead of looking up the name of the person.
There is a solution that allows consumers to search for recalls on each of their household appliances including heating, cooling, hot water, laundry and built in kitchen appliances in one, easy location. Think of this database as your "phone book" for recalls.
www.ApplianceRecallCheck.com allows for entering the brand, model and serial number of all of the household appliances in a residential home. Within two business days, the service will return a report containing information about recalls. If there is a defect, the report will include:
Nature of the Recall
Where the product was sold
How to remedy the defect
How to get the item repaired/replaced (usually free)
The report also includes the manufacturer's contact details, the business hours of the manufacturer and what to do if the manufacturer fails to respond to a claim.
Appliance Recall Check is a service providing database search of existing Consumer Product Safety Commission appliance recalls based upon model and serial numbers. This service allows a single entry of Make, Model and Serial numbers in list form as opposed to consumers searching multitudes of individual recalls for each category of individual appliances."
Don't wait until your home is destroyed by fire to learn of a recalled appliance. Take advantage of this new service to determine whether any of the appliances in your home or those you plan to purchase are included in a recall notice.
As recently reported by the Associated Press, another child's death has been caused by the powerful suction of a swimming pool. Parents claim that pool industry officials are trying to weaken pool safety standards, "It's not something we'll ever get over, but we're hoping to make a difference so other families don't have to suffer the same fate. The laws are trying to be rolled back by the pool industry and we really want to make sure that we're there to protect the children." Pool officials deny those claims and advocate for the best approach for the prevention of such tragedies.
According to the Consumer Product Safety Commission, an annual average of 385 pool - or spa-related deaths occurred from 2005-2007. Another 4,200 children are treated in emergency rooms each year for pool-associated injuries. Laws have been enacted and debated in some jurisdictions regarding the necessity of anti-entrapment devices or covers for pools.
Scott Wolfson, director of public affairs for the Consumer Product Safety Commission, said the agency is committed to working with the families on education campaigns and other efforts to ensure pool safety.
"We certainly understand their position," Wolfson said. "We want this law to save lives. We care deeply about what happened to the families."
Until laws are powerful and consistent enough to prevent such pool tragedies for children, raising awareness of pool safety is the goal of advocates, similar to earlier efforts regarding bicycle helmet requirements. Compared to the cost of a life, entrapment hazard drain covers are inexpensive.
Bloomberg News (8/3, Ricadela, Voreacos) reports, "Hewlett-Packard Co., the world's largest maker of personal computers and printers, agreed in principle to settle a US probe of false billings, a deal that will trim earnings by 2 cents a share in the third quarter. The agreement would resolve a Justice Department investigation of whether the company overcharged taxpayers through a General Services Administration contract, HP said today in a statement. The accord also would settle claims in a False Claims Act lawsuit, first filed by a whistleblower and later joined by the US, that the company paid kickbacks."
False billings, overcharging taxpayers, paying kick-backs. These are bad things that companies should never do, not just because they are illegal, but because they are unethical. It took the courage of a "whistleblower"--an employee of the company--to come forward and put an end to the offensive conduct.
My firm accepts whistleblower cases. We work to ensure that justice is obtained for the whistleblower and for all consumers.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including whistleblower actions, automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been named one of the "Best Lawyers in America" by Best Lawyers (2011 edition), as well as a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to Consumer Reports, there is "[g]ood news for safety-conscious car-buyers: The National Highway Traffic Safety Administration (NHTSA) is about to launch an overhauled crash-test program that makes it tougher for any car to earn five stars in crash worthiness....
The new scores can’t be compared against results from previous years, since both the testing and scoring criteria will be different. Once the tests are completed, the new ratings will be posted on safercar.gov."
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Los Angeles Times (8/3, Reckard) reports, "Countrywide Financial Corp., which epitomized the home-loan industry's boom and bust, has agreed to pay $600 million in the largest settlement yet of shareholder lawsuits stemming from the mortgage meltdown. The agreement, given preliminary approval Monday by US District Judge Mariana Pfaelzer in Los Angeles, would end several class actions brought on behalf of investors in Countrywide stock." The settlement "also would clear the liability of a list of financial firms that underwrote the Countrywide stock offerings and were named as defendants."
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Kellogg's recalled 28 million boxes of kid-popular cereals, including Froot Loops, Apple Jacks, Corn Pops and Honey Smacks, this summer. The company blamed elevated levels of a chemical in the packaging. The big problem: no one knows how dangerous the chemical can be to human, especially children.
According to a report by the Washington Post, "Dozens of consumers reported a strange taste and odor, and some complained of nausea and diarrhea. But Kellogg said a team of experts it hired determined that there was 'no harmful material' in the products. How Kellogg's came to that conclusion is puzzling, though, since the federal agencies responsible for " ensuring the safety of food and consumer products, are in the dark about the suspected chemical, 2-methylnaphthalene. The Food and Drug Administration has no scientific data on its impact on human health. The Environmental Protection Agency also lacks basic health and safety data for 2-methylnaphthalene -- even though the EPA has been seeking that information from the chemical industry for 16 years." I'm not comfortable relying on the manufacturer, are you?
There is a larger problem beyond simply the potential health risks associated with the chemical found in Kellogg's products, namely the apparent gap in the government's knowledge about chemicals we find in the products that make there way to our tables everyday by consumers nationwide. As the Post article points out, "Under current laws, the government has little or no information about the health risks posed by most of the 80,000 chemicals on the U.S. market today." That's 80,000 chemicals!
There are bills pending in Congress that would reshape the manner in which the government regulates chemicals, forcing companies to prove that new chemicals are safe before using them and requiring health and safety assessments of existing chemicals, such as 2-methylnaphthalene--the chemical found in Kellogg's cereals. Although food manufacturers have complained that new laws might hamper innovation and competitiveness, it is clear that safety must trump their desire to maximize profits.
I encourage you to contact your local and federal legislators to urge them to pass laws that regulate our foods better to ensure the foods are safe before they are disseminated for consumption.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
As we have posted several times in the past, drop side cribs are inherently dangerous, having caused numerous deaths and injuries. The popularity of these cribs is because they make it easier for caregivers to access the beds. The dangers come from poor design, poor assembly instructions and broken pieces, leading to unexpected side rail failure, making entrapment hazards, suffocation or strangulation. During the past five years, nine million of those cribs have been recalled. The Consumer Products Safety Commission (CPSC) warned parents in May, 2010 to stop using them. New York has joined the growing list of states to prohibit sales of drop side cribs.
Featured below is the complete warning from CPSC from May, 2010, reproduced in its entirety for our readers:
In a column in the Baltimore Sun (8/1), Eileen Ambrose wrote, "Maryland lawmakers considered - and failed this year - to pass legislation making arbitration more transparent, and problems with the process have caught the attention of federal officials, who are taking a hard look at making consumers agree in advance to arbitration and ways to give them a fairer shake." Bills "pending in Congress also seek to bar such clauses in consumer products and services as well as in nursing home contracts." But "until Congress or the new consumer protection bureau acts, most consumers will have few options if they don't want to give up their right to settle a dispute in court."
As it stands, many corporations bury mandatory arbitration clauses in contracts in an effort to keep victims of corporate wrongdoing from access justice in the court system. I have seen some arbitration clauses that even dictates who the arbitrator will be. Do you think the company who drafted the document would pick a fair arbitrator? These clauses should be barred. If a consumer and a company wish to utilize arbitration after a claim arises, then fine. Stripping innocent Americans of their rights is not.
I hope Congress gets this job done and eliminates forced arbitration.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Democrats in Congress are fighting to push legislation to improve regulation and oversight of auto safety. This important legislation should pass into law.
The New York Times agrees. The Times (7/31) editorializes, "The United States has done a fairly good job so far of policing the safety of cars and trucks. The number of deaths in traffic accidents dropped to an estimated 34,000 last year - the least since the 1950s. But that is still too many deaths. ... The Motor Vehicle Safety Act requires all vehicles to have a brake override system to ensure that a vehicle can be stopped even if the throttle is open. Pedals must exceed a minimum clearance from the floor to avoid snagging car mats. Electronic control systems must meet minimum performance standards, to be set by the National Highway Traffic Safety Administration. And all vehicles must come fitted with recorders that log operational data and help determine the causes of accidents. But perhaps more important, the bill would broadly change the system of overseeing and enforcing safety rules."
By overseeing and enforcing safety rules, auto manufacturers will be forced to put safety over profits. With all that is being revealed surrounding the Toyota crisis, coupled with the many auto recalls we have learned of over the past few years, now is the time to create and enforce laws that protect consumers.
I encourage you to contact your local and federal representatives to urge them to support laws that promote auto safety.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Johnson & Johnson has expanded, to 21 lots, its recall of various over-the-counter medicines in the Tylenol, Motrin, and Benadryl product lines. The full list of recalled products is here. Some of the products may be contaminated with a chemical called "2,4,6-tribromoanisole", "TBA" for short, which had been used to treat loading pallets at a Johnson & Johnson facility in Puerto Rico.
The chemical gave the medicine a musty and moldy smell which more than 70 consumers noticed. Some of them developed intestinal and abdominal symptoms afterward. Reports first appeared in November of 2009. The current recall is part of a second wave of recalls related to TBA contamination.
About the author:
Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C. Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C. Ms. Bertram is a member of the bar for the U.S. Supreme Court. She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy, complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.
I was contacted earlier this week to represent the family of a man who died when he fell seven stories as a result of a work accident that likely could have been prevented. All too often, employers consider profits over people, allowing their job sites to fall short of applicable safety standards, endangering American workers. There are strict federal and local laws in place that govern workplace safety. Unfortunately, these laws are often ignored and poorly enforced. As a result, workers are killed or otherwise seriously injured every day.
Please take a look at a video that you can view by clicking here. It dramatically explains how workers are needlessly killed or injured as a result of preventable incidents.
There are workers'-compensation laws in every state that provide benefits to injured workers. My office handles those kinds of claims routinely. However, those laws do not make the workplace safer, which should be the primary goal. Employers need to create safe work environments so that deaths and serious injuries can be avoided in the first place. If they fail to adhere to the laws governing safe work environments, they should be shut down. It's a matter of life and death.
About the author:
Mr. Zambri is a board-certified cicil trial attorney and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including work-related injuries, serious truck and car collisions, and medical malpractice. He has successfully litigated numerous cases against employers, obtaining some of the largest recoveries ever reported. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored a handbook regarding workers-compensation cases. To read it, please click here.
If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Toyota's woes continue. The Washington Post (7/30, Cha) reports that Toyota announced yesterday the recall of "412,000 Avalons and Lexuses for steering problems, bringing the number of cars recalled around the world since October to nearly 9 million. The 373,000 recalled Avalons, dating from between 2000 and 2004, have improperly cast steering lock bars that appear to have been a factor in three accidents reported to the company. This problem can cause what Toyota described as a 'minute' crack to develop on the surface. The crack, in turn, can break the bar and lock the steering wheel, increasing the risk of a crash." A smaller number of Lexus models "have a different steering shaft problem and no injuries have been reported related to this issue, Toyota said."
Bloomberg News (7/30, Ohnsman, Kitamura) adds, "Toyota also said it will recall 80,000 Land Cruisers for another problem involving steering shafts. The world's largest automaker is working to improve quality following global recalls of more than 8 million cars and light trucks for defects linked to unintended acceleration," noting that the crisis resulted in a $16.4 million fine and pending auto safety legislation.
The Los Angeles Times (7/30, Hirsch, Times) adds that the "latest recalls bring the number of vehicles Toyota has recalled in the last year to about 9 million worldwide. That's almost as many vehicles as were sold by all manufacturers in the US last year. ... Toyota faces hundreds of lawsuits arising from its problems with sudden acceleration and sticking gas pedals and has been the target of intense scrutiny by federal safety regulators and Congress."
As an attorney who represents many people who have been injured as a result of defective vehicles, I will keep a close eye on these issues. In the meantime, if you own an Avalon or Lexus, I encourage you to immediately contact Toyota about potential defects.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Officials emphasized that users should never place the Nap Nanny in a crib or near any other objects on the floor. The danger is higher on earlier Nap Nanny models, which do not have D-rings. Consumers with earlier models can obtain an $80 coupon toward a newer, safer model by calling Baby Matters LLC at (888) 240-4282 or by visiting the company's recall page.
About the author:
Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C. Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C. Ms. Bertram is a member of the bar for the U.S. Supreme Court. She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy, complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.
The New York Times (7/25) editorializes, "All automakers in the United States are required to report flaws in their vehicles to the National Highway Traffic Safety Administration within five business days of detection," but Toyota "has repeatedly failed to report potentially deadly problems. The latest omission to be brought to light -- and not by the automaker -- regards problems with steering wheel relay rods, which transmit changes in direction from the steering gearbox to the wheels. ... Toyota has a lot to explain about why it delayed informing American regulators about the faulty rods - and why it told the N.H.T.S.A. it had received no complaints in the United States."
As time passes, it becomes more and more clear that Toyota hid the truth to avoid accountability and pad their profits. Regrettably, such greedy conduct has caused many people to suffer serious injuries. Let's hope these revelations cause auto-makers to reevaluate how they do business. Safety first.
There are 270 million cellphones in use and, according to the Harvard Center for Risk Analysis, cell phones have caused 636,000 crashes, including 2,600 deaths, 342,000 injuries and a financial toll of $43 billion each year.
Despite recent public campaigns to get people to put down their phones while driving, 81 percent of people saying they use cellphones. That means by one calculation that at any given time almost 1 million drivers in cars are talking while on the nation's highways. In a study released last week, research released last week on Beltway drivers in Virginia put the number at one in four.
Yesterday, on Fastlane, DOT's official blog, they announced a second national summit on distracted driving will be held Sept. 21 to highlight the problem and find ways to combat it, the U.S. Department of Transportation announced Tuesday. In 2008, more than 20 percent of crashes that year involved distracted drivers. This is a great step in the right direction. We need the country's top experts to work together to stop this needless loss of lives.
At this point, this is a public health crisis. How many people need to be permanently injured or die before we take action?
An "anemic safety culture", and "layers of safety deficiencies" made the tragedy all but unavoidable, according to Chairman Deborah A.P. Hersman. "Metro was on a collision course long before this accident," Hersman said. "The only question was when Metro would have another accident."
Mr. Regan and the law firm of Regan Zambri & Long are one of the lead lawyers representing Metro passengers who were killed or seriously injured in this tragedy. "WMATA knew for years that there were serious safety problems with the subway system and yet they refused to take simple safety measures to protect the passengers" according to a statement released by Mr. Regan.
Investigators determined that Metro knew about the problems as early as 2005, when the same inadequacies caused a near-miss collision near the Rosslyn station. The operator averted a collision by hitting the emergency brake after the Automatic Train Control system failed to detect the train in front.
Track circuits in the Automatic Train Control system malfunctioned thousands of times each week, and eventually, Metro simply turned off the alarms caused by the malfunctions.
The Board also found that Metro failed to inform its technicians about the automatic train control system; failed to oversee automatic train control maintenance; and continues to use 1000-series rail cars even though they pose an "unacceptable risk".
The AP (7/27, Manning) reports that Nissan has informed NHTSA that it is recalling over 51,000 Cube models in North America "because of possible problems with fuel spilling during rear end collisions," noting that "tests conducted by NHTSA safety regulators found more fuel spilled than federal standards allow. The spillage occurred during rear end crash tests at 50 miles per hour where the vehicle also spun onto its side."
The spillage of fuel can lead to fires, which can be deadly. If you own a Cube, I encourage you to immediately contact Nissan and stop driving the vehicle. Your life is too precious.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Following the crisis created by Toyota's issues with sudden acceleration, lawmakers proposed sweeping safety requirements in the ambitious Vehicle Safety Improvements Act of 2010 that would have allowed federal officials unlimited fine power against automakers for safety violations as well as set safety standards for vehicle electronics. However, according to a recent Los Angeles Timesarticle, pressures from the auto industry have caused the subsequent bills proposed by both the House and Senate versions to be weakened, delayed or eliminated key safety provisions considerably.
Auto safety advocates, while not surprised by the weakening of the original bill, are disappointed. "The auto industry has had undue influence on this legislation," said Joan Claybrook, former head of the National Highway Traffic Safety Administration, who testified at several congressional hearings. "The industry wanted to change a lot of little words that had a major impact."
According to Rep. Henry A. Waxman, chairman of the House Energy and Commerce Committee, "the new bill would give NHTSA significant new powers, create large fines for violation of safety rules, double the agency's auto safety research budget and require it to create a number of new standards involving vehicle electronics." He acknowledges that changes were made, but states, "The legislation . . . will dramatically improve the safety of motor vehicles. Through this process, we were able to earn broad support from our membership."
In The Hill's (7/1) "Healthwatch" blog, Mike Lillis notes that, "Rep. Dennis Kucinich (D-OH) on Wednesday said he'll soon introduce legislation to monitor the health effects of cell phone use." The bill would "launch a national research program to study any such effects." Kucinich, who chairs the House Oversight Committee's subpanel on domestic policy, said that "the research to find clearer answers shouldn't be left in the hands of the phone companies themselves."
Kucinich explained that "We need a first-class research program to give us answers. Until we know for sure, a labeling law will ensure that cell phone users can decide for themselves the level of risk that they will accept. Obviously, cell phone companies should not be the ones making that decision for us."
As a result of the tragic death of a child using a donated crib in a day care center, a portion of the Consumer Product Safety Improvement Act of 2008 was named in his honor. The Danny Keysar Child Product Safety Notification Act includes four specific new requirements intended to protect young children:
"Requires the CPSC to assess the effectiveness of any voluntary consumer product safety standards for durable infant or toddler product s and promulgate consumer product safety standards that are substantially the same or more stringent than the voluntary standards.
Makes it a violation of the CPSA for certain commercial entities (including, but not limited to manufacturers, distributors, hotels, motels, or similar transient lodging facilities and day care centers) to manufacture, sell, lease, or otherwise place in the stream of commerce any crib that is not in compliance with such standard.
Requires each manufacturer of a durable product for infants or toddlers under five years to provide consumers with a postage-paid consumer registration form, maintain a record of consumer contact information to improve recall effectiveness, and permanently label the product with the manufacturer's name and contact information, model name and number, and the manufacturing date.
Requires the CPSC to study and report to specified congressional committees regarding: (1) consumer registration form effectiveness in facilitating recalls and whether such forms should be required for other children's products; and (2) recall notification technology. Allows the CPSC to authorize the use of recall notification technology in lieu of registration forms when the technology becomes at least as effective as the forms."
In Gaithersburg, Maryland, on July 15 and 16, an FDA panel will hear testimony about the effects that cigarette mint flavoring may have on health. Menthol will be the first matter taken up by the FDA’s new Tobacco Products Scientific Advisory Committee. To see the agenda for the meetings and for emails and phone numbers related to these meetings click here.
Menthol cigarettes make up approximately a third of the US market. It is expected that various experts will testify about possible health risks associated with menthol and whether menthol increases cigarette addiction. Based on the panel's recommendations, the FDA will consider whether to ban or limit tobacco products which contain menthol.
During a recent California court case involving the deaths of two women, executives of the country's largest car rental company admitted to renting vehicles known to be under safety recalls. According to testimony by Enterprise (parent company for Alamo and National) executives, there was no company policy to require cars under recall to be held back from rental. A subsequent investigative report by ABC News also revealed that neither Avis nor Hertz have company-wide policies regarding recalled vehicles, but evaluate safety recalls on a case by case basis. After the trial and admission of negligence, Enterprise issued a statement of their procedures for automobile manufacturers' recalls.
Essentially, car rental agencies have taken the attitude that demand trumps safety. By doing so, are they also putting profits over safety? Consumers need to become their own advocates in matters of safety and recalls. When renting a vehicle, ask what types of vehicles are available, then do your own research at SaferCar.gov, a special portion of the National Highway and Traffic Safety Administration (NHTSA) website.
As I have advocated frequently on this blog, safety and people must be put above profits.
In a Washington Post op-ed piece, Tom Devine, legal director of the Government Accountability Project, criticized the lack of protection provided to national security whistleblowers, "After 10 years, Congress is on the verge of repairing the dysfunctional Whistleblower Protection Act for government employees, and the restored act would for the first time cover FBI and intelligence employees."
According to Mr. Devine, the House bill "would allow whistleblowers to challenge retaliatory investigations before they become indictments," and the House and Senate bills "would allow national security workers to safely disclose what they 'reasonably believe evidences' mismanagement, violations of law, waste and abuse, including as part of their job duties."
According to a recent article in the Washington Post, consumers are frequently bombarded with information overload regarding product recalls, resulting in "recall fatigue." The current network in place for notifying consumers about product recalls simply doesn't work effectively. Some people never learn that a product they own is defective and subject to recall and others believe that nothing bad will happen even though they know they have a recalled product.
The government's website Recalls.gov provides information readily available to customers, as well as opportunities to subscribe for e-mail alerts about specific products. A planned smartphone application will soon become available to assist customers in checking recalls while shopping.
The Consumer Product Safety Commission (CPSC) maintains that they do a good job getting in getting dangerous products out of stores, but admit that their greatest challenge is getting dangerous products out of homes.
The risks of defective products and product recalls seem to have become everyday realities for consumers now. Although educating the consumer is the current goal, preventing the incidents of dangerous products becoming available should ultimately be the goal. Because of such an extensive array of products available, both domestic and foreign-made, consumers need to be aware of potential dangers and educate themselves before purchasing.
With the Fourth of July holiday upon us, many will be celebrating the holiday with family and friends at a cookout while watching fireworks, but before you fire up the grill this weekend, The National Fire Protection Association (NFPA) has some grilling statistics and safety information to help making your long weekend as safe and enjoyable as possible.
Fireworks maim, and even kill, American adults and children every year. As the Fourth of July weekend approaches, we wanted to take a moment to reflect on some of the safety issues that surround fireworks usage. The National Fire Protection Association (NFPA) provides some sobering statistics:
"In 2006, fireworks caused an estimated 32,600 reported fires, including 1,700 total structure fires, 600 vehicle fires, and 30,300 outside and other fires. These fires resulted in an estimated 6 civilian deaths, 70 civilian injuries and $34 million in direct property damage.
In 2007, U.S. hospital emergency rooms treated an estimated 9,800 people for fireworks related injuries; 56% of 2007 emergency room fireworks-related injuries were to the extremities and 36% were to the head.
The risk of fireworks injury was two-and-a-half times as high for children ages 5-9 or 10-14 as for the general population.
On Independence Day in a typical year, more U.S. fires are reported than on any other day, and fireworks account for half of those fires, more than any other cause of fires."
However, a great many of these injuries can be prevented by following some common-sense safety guidelines such as those laid out by the Consumer Product Safety Commission (CPSC):
The Washington Post (6/19, Rucker) reports, "It is not easy to divvy up $20 billion. Perhaps no one in America knows this better than Kenneth R. Feinberg. The nation's 'special master' in charge of disbursing massive relief funds has overseen the paying out of billions of dollars for families of those who died in the Sept. 11 attacks." Feinberg "flew to Mississippi and Louisiana on Friday to get started. He began by surveying the mess and meeting with governors. On Monday, he is scheduled to go to Houston to talk to BP executives."
Overseeing such a fund is tricky and difficult business, but Feinberg has the experience to do it right. I had the great pleasure of representing a family who lost a loved one in the September 11, 2001 attack on the Twin Towers. As part of my voluntary (we call it "pro bono" in the legal industry) representation, I worked to obtain for the family an award through the September 11 Fund that Feinberg managed. The process was fair and expeditious. I hope the same holds true for the many Americans who have been devastated by the BP oil spill.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
On Friday, June 4, 2010, McDonald's announced a voluntary recall of some 12 million Shrek-themed promotional glasses that it sold in May and June, after finding trace amounts of cadmium in the cartoon designs baked onto them. Cadmium, a naturally occurring element, is a known carcinogen (cancer-causing substance) that has been linked to several other health issues.
If you have any of the pint-size McDonald's glasses featuring images of the characters Shrek, Fiona, Puss n' Boots, or Donkey, you are advised to stop using them immediately.
The Los Angeles Times reports that House Energy and Commerce Chairman Henry Waxman, speaking at his committee's hearing into the cause of Toyota's sudden acceleration crisis, said that the automaker "still had not done the testing required to determine the cause...and had been more concerned about its image than addressing the issue." This remark was in response to Toyota's statement that it was confident electronics were not causing sudden acceleration. Waxman, however, "said that his panel's investigation had raised serious questions about the scope of Toyota's efforts" to root out an electronic fault.
According to the report, Waxman stated, "Toyota has repeatedly told the public that it has conducted extensive testing of its vehicles for electronic defects. We can find no basis for these assertions." The Washington Post notes that Toyota has "assured worried customers and Congress that it was conducting an independent investigation," but yesterday, "congressional investigators said the company that Toyota has hired to do the review, Exponent, had offered no written plan for the project or any written specifications for the experiments it intends to run." The Post reports that Waxman called the investigation "deeply troubling," and rejected Exponent's explanation of a lack of a written plan "preposterous."
I hope Toyota and its agents are genuinely interested in determining all potential defects. If their principal focus is avoid accountability, then consumers will be endangered more. I'll keep a close eye on the hearings as they continue.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
BP executives have been receiving emotionally charges and pointed questions from Senators during hearings over the Gulf spill. The Nightly News reported that "Senators had no patience ... Senators wanted answers and accountability. Two big issues drew deep skepticism. What fix will actually work and who covers the spiraling cost?"
According to the AP, "Congress called BP and its drilling partners to account Tuesday for a 'cascade of failures' behind the spreading Gulf oil spill, zeroing in on a crucial chain of events at the deep-sea wellhead" just before the explosion, during back-to-back Senate hearings. Said Sen. Jeff Bingaman, "If this is like other catastrophic failures of technological systems in modern history, whether it was the sinking of the Titanic, Three Mile Island, or the loss of the Challenger, we will likely discover that there was a cascade of failures and technical and human and regulatory errors." But Lamar McKay, chairman of BP America, told the hearing, "Liability, blame, fault - put it over here," referring to Transocean and Halliburton, "Our obligation is to deal with the spill, clean it up and make sure the impacts of that spill are compensated, and we're going to do that."
The spill has the potential to cause billions of dollars in damages to individuals, states, industries, and governments. There is plenty of blame to go around. This terrible incident should not have happened. I hope the entities involved will do what is right and accept accountability for the errors that caused so much damage.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Hundreds of thousands of Simplicity and Graco cribs were recalled by the Consumer Product Safety Commission (CPSC) on April 29, 2010. Parents should stop using these cribs immediately and follow the advice on CPSC recall notices. We have reproduced the recall notices below in their entirety for our readers.
"WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) is announcing the recall of all Simplicity full-size cribs with tubular metal mattress-support frames. This recall includes fixed-side and drop-side cribs. These cribs pose a risk of serious injury or death due to entrapment, strangulation, suffocation and fall hazards to infants and toddlers.
The crib's tubular metal mattress-support frame can bend or detach and cause part of the mattress to collapse, creating a space into which an infant or toddler can roll and become wedged, entrapped or fall out of the crib.
CPSC has received a report of a one-year-old child from North Attleboro, Mass. who suffocated when he became entrapped between the crib mattress and the crib frame in April 2008. CPSC is aware of 13 additional incidents involving the recalled cribs collapsing due to the metal mattress- support frame bending or detaching, including one child entrapment that did not result in injury, and one child who suffered minor cuts to his head when his mattress collapsed and he fell out of the crib.
CPSC staff urges parents and caregivers to stop using these cribs immediately and find an alternative, safe sleeping environment for their baby. Do not attempt to fix these cribs.
Due to the fact that Simplicity and its successor, SFCA Inc., are no longer in business, CPSC has limited information about the number of cribs sold. All Simplicity drop-side cribs have previously been recalled for a hazard involving the drop side. Simplicity drop-side cribs could still be in use by parents or caregivers who are unaware of the recalls or by those who received a repair kit to immobilize the drop side from Simplicity when the firm was still in business. This recall involves ALL Simplicity cribs with tubular metal mattress-support frames regardless of model number.
Crib Name Model Number All Simplicity Cribs with tubular metal mattress-support frames regardless of model number Model numbers unknown Some of the known model numbers include:
Aspen 4-in-1 8755
Chelsea Deluxe 4-in-1 Convertible Sleep System 8324
Graco 4-in-1 Ultra Sleep System 4600
Graco Aspen 3-in-1 8740
Simplicity Crib and Changer Combo 8994
Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System 8676
Simplicity Nursery-in-a-Box Convertible Crib 8910
Some model numbers are followed by letters, indicating the color or finish of the crib. The name "Simplicity Inc." or "Simplicity for Children" appears on a label on the crib's mattress-support frame and/or the crib's end panels. The cribs were manufactured in China.
The recalled cribs were sold at Walmart, Target, Babies R Us and other stores nationwide for between $150 and $300. Consumers should contact the store where the crib was purchased to receive a refund, replacement crib or store credit.
Important Message from CPSC:
CPSC would like to remind parents not to use any crib with missing, broken or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap, which could fatally entrap a child. In addition, do not try to repair any side of the crib with tape, wire, rope or by other means. Infants and toddlers have died in cribs with makeshift repairs.
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."
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Following the unprecedented number of toy and child furniture recalls in 2007, the Consumer Product Safety Improvement Act (CPSIA) was enacted to address safety issues, including mandatory third party testing for certain children's products, lead certifications for both domestic products and imports, and tracking labeling requirements.
In a recent unanimous ruling, the Consumer Product Safety Commission (CPSC) voted to allow toy giant Mattel Inc. to conduct in-house safety testing in their "firewalled laboratories" rather than submit to third party testing. According to CPSC, the approval was granted because Mattel could prove that its in-house testing could provide equal or improved consumer safety than that provided by an external laboratory. Consumer advocate Don Mays, senior director of product safety at Consumers Union, publisher of Consumer Reports, protests that, "It's a little bit like the fox guarding the henhouse." and added that " There is a potential conflict of interest." Smaller companies which don't have the resources for internal testing laboratories criticized the CPSC's decision as being "extremely frustrating and unfair."
Confidence in the safety of children's products is of extreme concern for every parent. I am inclined to agree with Mr. Mays--it smacks of a conflict of interest to have Mattel police its own products without independent oversight. Too much is at risk--the safety of kids. The CPSC ought to seriously and quickly reconsider its position.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product defects, medical malpractice and serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
If you believe in urban legend, you might think that lawn mowers attack their victims. In reality, lawn mowing is an extremely dangerous activity that is frequently viewed as just one of those chores routinely delegated to children.
According to the U.S. Consumer Product Safety Commission (CPSC), about 230,000 people are treated in hospital emergency rooms each year for accidents related to lawn and garden tools. Most lawn mower-related injuries, including limb amputations, broken bones, severed toes and fingers, burns and eye injuries, are caused by carelessness and can be prevented by obeying simple safety tips.
"CPSC advises consumers to learn about the hazards of each piece of equipment, and take the following precautions to prevent injuries to children and themselves:
Children should never be in the yard while you're mowing, and they should never ride on the mower. More than 800 young children get run over or backed over by riding mowers each year. This happens when children fall while being given rides, or when they approach the operating mower.
Never assume children will remain where you last saw them. Be alert and turn off the mower if children enter the mowing area. Use extra care when backing up or going around corners, shrubs, trees or other obstacles.
Many children suffer serious burns to their hands and arms when they touch the hot muffler of running or recently running engines. Keep children away from power equipment.
Be sure you know how to operate the equipment. Know where the controls are and what they do. Make sure the equipment is in proper operating condition and guards or other safety devices have not been removed or disabled.
Dress appropriately for the job. This includes: sturdy shoes with slip-resistant rubber soles, long pants and long-sleeved shirts, close-fitting clothes, eye protection, heavy gloves, hearing protection when needed, and no jewelry, which can get caught in moving parts.
Before mowing, walk around the area in which you will be working to remove any objects like sticks, glass, metal, wire, stones and string that could cause injury or damage equipment. Nails and wire are the most hazardous objects thrown by mowers, capable of killing bystanders.
Never work with electric power tools in wet or damp conditions. For protection against electrocution, use a ground fault circuit interrupter (GFCI). GFCIs come in several models, including portable plug-in types and as part of some extension cords.
Be sure that extension cords are in good condition, are rated for outdoor use, and are the proper gauge for the electrical current capacity of the tool.
Before making adjustments or clearing jams near moving parts, unplug electric tools and disconnect spark plug wires on gasoline-powered tools.
Be sure that power tools are turned off and made inoperable if they must be left unattended. This will help prevent use by children.
Handle gasoline carefully. Remember never to fill gas tanks while machinery is operating or when equipment is still hot. Do not fuel equipment indoors. Wipe up spills. Store gas in an approved container away from the house. Finally, never smoke or use any type of flame around gasoline."
Common sense safety precautions are critical in prevention of many accidents. Of course, sometimes injuries result from product defects. If a lawn mower is defective, the safety of its user is threatened. Serious defects can lead to mechanical failures that cause terrible injuries.
If you have questions about this issue or others concerning your safety or that of your children, please feel free to email me @ szambri@reganfirm.com or call me at 202-822-1899.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
On April 15, 2010, the Consumer Product Safety Commission (CPSC) voted to begin working on a searchable database, www.saferproducts.gov, intended to make complaints about unsafe products visible to the public. Product recalls have been posted on the CPSC website for some time. However, the new database will allow consumers to view concerns before any official action is taken on complaints from individuals and safety groups. Congress ordered creation of the new database in 2008 as part of the Consumer Product Safety Improvement Act (CPSIA) that increased product safety oversight after a series of lead-paint toy recalls. Consumer groups say the new site will help consumers make better-informed purchasing decisions.
According to CPSC Chairman Inez Tanebaum, "The database has the potential to create a new generation of consumers educated about product hazards in and around their homes." The new database is scheduled to go online in March, 2011.
raise public awareness of new, easier methods for reporting product incidents,
provide the public with new and innovative ways to learn of product incidents and notices of recalls,
increase public access to product information, including manufacturer comments and CPSC's responses to incident reports, and
enhance CPSC's ability to share information with other federal, state and local agencies.
Informed consumers make smarter decisions when purchasing products. The new SaferProducts.gov database should allow American to make better, safer purchasing decisions.
Chilling statistics, aren't they? According to BicycleSafe.com, real bicycle safety is about not getting hit even more so than about wearing helmets. Most bicycle safety guides emphasize the importance of wearing helmets. However, helmets don't prevent bicyclists from getting hit by another vehicle in the first place. BicycleSafe.com focuses on avoiding getting hit by cars. The ten illustrations following explain the most common ways to get hit and how to avoid those collisions:
Collision Type #1: The Right Cross. This is the most common way to get hit (or almost get hit). A car is pulling out of a side street, parking lot, or driveway on the right.
Ways to avoid this collision:
Use headlights, both on your bicycle and on your helmet.
Honk your horn.
Slow down, especially if you haven't made eye contact with the driver.
Ride further left.
Collision Type #2: The Door Prize. A driver opens his door right in front of you. You run right into it if you can't stop in time.
How to avoid this collision: Ride far enough to the left to not run into an unexpected door opening.
Collision Type #3: The Crosswalk Slam. You're riding on the sidewalk and cross the street at a crosswalk, and a car makes a right turn, right into you.
How to avoid this collision:
Get a headlight.
Slow down.
Don't ride on the sidewalk in the first place.
Collision Type #4: The Wrong-Way Wreck. You're riding the wrong way (against traffic, on the left-hand side of the street). A car makes a right turn from a side street, driveway, or parking lot, right into you. They didn't see you because they were looking for traffic only on their left, not on their right. They had no reason to expect that someone would be coming at them from the wrong direction.
How to avoid this collision: Don't ride against the traffic. Ride with traffic, in the same direction.
One study showed that riding the wrong way was three times as dangerous as riding the right way, and for kids, the risk is seven times greater.
Collision Type #5: Red Light of Death. You stop to the right of a car that's already waiting at a red light or stop sign. They can't see you. When the light turns green, you move forward, and then they turn right, right into you.
How to avoid this collision: Don't stop in the blind spot. Simply stop behind the car.
Collision Type #6: The Right Hook. A car passes you and then tries to make a right turn directly in front of you, or right into you.
How to avoid this collision:
Don't ride on the sidewalk.
Ride to the left.
Glance in your mirror before approaching an intersection.
Collision Type #7: The Right Hook, Pt. 2. You're passing a slow-moving car (or even another bike) on the right, when it unexpectedly makes a right turn right into you, trying to get to a parking lot,driveway or side street.
How to avoid this collision:
Don't pass on the right.
Look behind you before turning right.
Collision Type #8. The Left Cross. A car coming towards you makes a left turn right in front of you, or right into you.
How to avoid this collision:
Don't ride on the sidewalk.
Get a headlight.
Wear something bright, even during the day.
Don't pass on the right.
Slow down.
Collision Type #9. The Rear End. You innocently move a little to the left to go around a parked car or some other obstruction in the road, and you get nailed by a car coming up from behind.
How to avoid this collision:
Never, ever move left without looking behind you first.
Don't swerve in and out of the parking lane if it contains any parked cars.
Use a mirror.
Signal.
Collision Type #10. The Rear End, Pt. 2. A car runs into you from behind. This is what many cyclists fear the most, but it's actually not very common, comprising only 3.8% of collisions. However, it's one of the hardest collisions to avoid, since you're not usually looking behind you.
How to avoid this collision:
Get a rear light.
Wear a reflective vest or a safety triangle.
Choose wide streets.
Choose slow streets.
Use back streets on weekends.
Get a mirror.
Don't hug the curb.
Please be careful on the road whether you are driving a vehicle or riding a bicycle. Preventing accidents is everyone's responsibility.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations regarding product defects, automobile accident litigation, and safety improvements. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Bloomberg News reports that according to "company timelines" submitted to the National Highway Traffic Safety Administration (NHTSA), Toyota "knew about flaws that could cause unintended acceleration more than 3 1/2 years before it recalled cars and trucks to fix the defects." The report points out that the auto manufacturer learned that "floor mats could entrap accelerator pedals as early as Feb. 7, 2006, and that pedals could stick five months later" in July 2006. The timelines confirm an alarmingly slow response to the problems that ultimately led to the recall of more than 8 million vehicles worldwide.
This development is very concerning, as it suggests that Toyota put profits over safety. Based upon some recent advertisements and public statements, Toyota seems to what to convince us that it is a caring company that produces safe products. How they move foreard as a company will determine their sincerity.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
CONTACT US The Washington Post reports that the Department of Transportation (DOT) has designated nine NASA experts to help solve the "scientific mystery" surrounding unintended acceleration in Toyotas. Moreover, "a separate panel from the National Academy of Sciences" will investigate unintended acceleration and on-board electronics "across the industry." The Post notes the lack of consensus among automotive experts over whether there could be an electronic fault causing unintended acceleration in Toyotas.
"The increasing complexity of engines, which run on multiple microprocessors and lots of software, has complicated the discussion." The Post adds that DOT is expected to announce today that its Inspector General "has been asked to review whether federal safety regulators at the National Highway Traffic Safety Administration have the personnel to adequately handle the complex engineering questions that arise in such investigations."
The Los Angeles Times also covers this story, noting that the "two investigations follow pressure from Congress on federal safety regulators to address persistent questions about the causes of unintended acceleration, and whether the problems stem from faulty computer-controlled electronic throttle systems."
These developments make clear how extensive and complex the problems are, and further cast doubt on the ability of federal agencies to handle investigations on their own. This is yet more evidence as to why it is important to have access to civil courts, so that full investigations can be conducted, the truth can be revealed, and safety measures can be put in place to protect consumers from further injuries.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
The New York Times reports that Toyota has announced that its dealerships will "provide replacement accelerator pedals to owners unhappy with repairs" after a series of cases of unintended acceleration in cars that have already been through the recall process. According to the report, "'Accelerator pedal replacement is based on specific customer request only,' said the memo, which was addressed to dealers, service managers and parts managers. 'Dealers are not to solicit pedal replacement.'"
If you have had your vehicle "repaired" following the recall, but still experience problems with your automobile, please return it to the dealer immediately. If you are not getting a prompt response from your local dealer, you are encouraged to contact Toyota's national customer service center at 1-800-331-4331.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
Approximately 5.7 million car crashes take place in America every year. Approximately 28% of those crashes (about 1.6 million accidents) are caused by distracted driving. 1.4 million are attributed to cell phone use. The remaining 200,000 collisions are attributed to texting.
Of course, these numbers are deflated. Texting and cell phone use on the road is on the rise and has reached crisis levels. Drivers need to be more responsible; otherwise, they place themselves, their passengers, and others on the roadway in great peril.
Throughout each year I volunteer at local schools to speak to students about the drastic consequences of distracted driving. Most recently, on March 9, 2010, I spoke to high school students in Prince George’s County, Maryland. The students were extremely attentive and amazed by the statistics, as well as the video presentation of actual incidents caused by distracted driving that I included in the presentation. They all learned from the presentation and take seriously this issue of distracted driving. If even one person’s life is saved, the presentation was worth it.
I will be giving several more presentations throughout the year.
If you are interested in learning about these free seminars, please call me at (202) 822-1899 or email me at szambri@reganfirm.com.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
Toyota said on Monday that the sudden-acceleration claim given by a San Diego man, who stated that his Prius hybrid car accelerated out of his control for 30 miles, was “inconsistent” with the findings of its initial examination of the car, according to the Associated Press.
It should be noted that the Toyota executives have not accused the man, James Sikes, "of lying or staging the incident, they did say that their examination showed that the car would have stopped when the driver firmly applied the brakes. Engineers found no evidence of friction in the accelerator pedal or that the pedal could have been pinned down by the floor mat."
The incident allegedly endured by Mr. Sikes occurred on March 8. The following day, according to the Times report, "a woman in Harrison, N.Y., said the Prius that she was driving accelerated suddenly before it crashed into a rock wall. That driver, who was not seriously injured, was on the way to a Toyota dealership to have the vehicle inspected.
Experts have testified that it is very possible that the brake system can work normally most of the time, but falter intermittently. Consequently, consumers and investigators are still very concerned about the Toyota vehicles.
If you have any concerns about your vehicle, please do not drive it. Have it inspected immediately. It could be a matter of life and death.
Drive safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
Seattle based Classmates.com agreed to settle a lawsuit brought by users of the social network for $9.5 million. The lawsuit contended that the company essentially tricked people into paying for membership by pretending that their classmates were looking for them. The new members then often found, after paying for membership, that their old friends were not actually reaching out to them. A document filed in the case, indicates that over 3 million members might be eligible for payouts of $3 per member. Those who are eligible upgraded to a "gold" membership after being told a classmate was looking to connect with them. You can read more about this inTodd Bishop's blog on Techflash.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
The Los Angeles Times reports that House Oversight and Government Reform Chairman Edolphus Towns said that Toyota "'deliberately withheld' evidence in lawsuits related to vehicle safety, exhibiting a 'systematic disregard for the law.'" According to the report, Towns stated that Toyota created secret "Books of Knowledge" that included information about design defects, but never disclosed their existence in lawsuits, according to internal company documents released by the committee Friday. "We have to get to the bottom of this," Towns said in an interview. 'It is a situation that is just not going to go away if we ignore it.'"
Time magazine reviewed the progress of the congressional hearings concerning Toyota's safety crisis and noted that "the spectacle failed to answer a key question: whether Toyota has pinpointed the problems that caused it to recall more than 8 million cars, including over 6 million in the U.S., since last fall." Toyota CEO Akio Toyoda clearly has a tough road ahead of him in attempting to restore the company's image. Of course, that image was of the company's own doing.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
This week Congressman Bruce Braley (Iowa) participated in the Toyota recall Oversight and Investigations Hearing. I think you will find his questioning particularly illuminating. Click here to view his questioning of Toyota's Chief Operating Officer.
What's becoming clearer as the hearings progress is that Toyota's business philosophy must undergo a sea-change. Putting profits over safety, which is what seems to have been its business model, is un-American and dangerous.
To read some of my other blogs about Toyota's recent problems, please clicks the following links:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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:
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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:
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
It's official! It is illegal for commercial drivers, including truck and bus drivers, to operate vehicles while text-messaging. "In 2008, nearly 6,000 people died in accidents related to distracted drivers, and more than half-a-million were injured," according to CBSnews.com. Transportation Secretary Ray LaHood previously announced, "We're gonna set the highest bar possible. ... Any distraction that takes two hands off the wheel and eyes off the windshield should not be allowed." The law prohibiting text messaging by commercial drivers took effect today.
I applaud the law, but wonder if it is enough. The penalty for an infraction is a fine up to $2,750. Unfortunately, it is a law difficult to enforce, as it is hard to catch someone driving while texting. Often, whether a driver was texting while driving is not determined until it's too late--after an automobile collision that causes serious injury or death.
Each year I give presentations at local schools to teen drivers and their parents about the dangers of distracted driving. One thing I preach is the need for a cultural change. Too many parents text and use cell phones while driving. Their children see this conduct and accept the behavior as safe. It certainly is not. Parents need to set better examples. Passengers also need to take control of dangerous situations. If you are a passenger and see the driver texting or using a cell phone demand that the driver pull over or stop engaging in distracted driving. It is your life after all. Don't risk it.
Travel safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and 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" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability, medical malpractice and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
All-terrain vehicle are fun, but they can be very dangerous if defective or misused. According to the Consumer Product Safety Commission, BRP U.S. Inc has recalled several all-terrain vehicles because the "dynamic power steering can fail, resulting in the sudden loss of steering control. This poses a risk of injury or death to riders."
If you own one of these ATVs, please stop using it immediately, and do not allow anyone access to it.
The following is an itemization of the recalled models:
Model Name
Model Number
Color
Can-Am® OUTLANDER™
XT 4X 800EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX XT 4X 800EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX LTD 4X 800EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX XT 4X 650EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
XT 4X 500EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX XT 4X 500EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
XT-P 4X 800EFI
Black
Can-Am® OUTLANDER™
MAX XT-P 4X 800EFI
Black
Can-Am® OUTLANDER™
XT-P 4X 650EFI
Black
Can-Am® OUTLANDER™
MAX XT-P 4X 650EFI
Black
Can-Am® OUTLANDER™
XT-P 4X 500EFI
Black
Can-Am® OUTLANDER™
MAX XT-P 4X 500EFI
Black
Can-Am® OUTLANDER™
MAX LTD 4X 500EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
XT 4X 650EFI
Yellow, Viper Red, Camo
Can-Am® RENEGADE™
XXC 4X 800EFI
Black
For additonal information, you can contact BRP toll-free at (888) 638-5397 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit their website: www.can-am.brp.com
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and 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" whose practice is dedicated to representing people in catastrophic personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against distracted drivers of buses, tractor-trailers, other trucks, and cars. Mr. Zambri's firm has also obtained the largest settlement ever in a case involving the Washington Metropolitan Area Transit Authority. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009 and 2010)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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 allSlim-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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
The Milwaukee Business Journal (12/10) reported, "Harley-Davidson Inc. is recalling 111,569 motorcycles manufactured from June 6, 2008, through Nov. 19, 2009, because of a threat of gasoline leaking in the event of a frontal collision. The recall affects some 2009 and 2010 touring bikes, including CVO Touring and Trike products, according to information from the National Highway Traffic Safety Administration." The federal agency "said the motorcycles' front fuel tank mounts may distort as a result of a front-end crash, creating the potential for fuel to leak and ignite after a crash."
According to the recall, dealers will make repairs to the motorcycles free-of-charge. Consumer can call Harley-Davidson at (414) 343-4056 for more information.
This defect is obviously extremely dangerous. If you own a motorcycle that ha been recalled, please do not use it again until it has been properly repaired or replaced. I represent many victims of automobile defects, and the consequences of those defects can be devastating.
Please be safe.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
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.
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.
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.
Of the Washington metropolitan area’s 351 total traffic fatalities last year, 33% (116) of these roadway deaths were alcohol and or drug-related. The Washington Regional Alcohol Program's annual effort to keep our community's streets safer throughout the holiday season starts today. The Holiday SoberRide program provides free taxi rids home throughout the DC metro area from 10 p.m through 6 a.m. The program ends at 6 a.m. on New Year's Day. People 21 and over should call 800-200-8294 or press #8294 from an AT&T wireless phone.
The statistic is shocking, 116 deaths in our community last year as a result of drunk or impaired driving. We need to do everything we can to educate people about the dangers and the safe alternatives.
Our firm has significant experience representing families who have lost loved ones and individuals who suffered life altering injuries as a result of drunk or impaired drivers. For information about your legal rights, please email Catherine Bertram at cbertram@reganfirm.com or call Ms. Bertram directly at 202-833-1875.
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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against distracted drivers of tractor-trailers, other trucks, and cars. Mr. Zambri's firm has also obtained the largest settlement ever in a case involving the Washington Metropolitan Area Transit Authority. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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.
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:
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and 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" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability, medical malpractice and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and 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" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
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."
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically 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.
According to the New York Times article, by Matt Richtel, a victim's family has sued the wireless company after they lost their mother when she was killed by a driver using his cellphone. The driver of the other vehicle, reportedly admitted that he was distracted by a cell phone call when he ran a red light and struck the other vehicle killing Ms. Doyle.
Mr. Hill, who pleaded guilty to negligence homicide, a misdemeanor in Oklahoma, said he was not aware of the education efforts of wireless companies.
The lawsuit is filed in Oklahoma. According to the Times article, this is one of a handful of such cases. According to Kenneth A. Bamberger, a professor at Berkeley School of Law, these cases are compelling because they address the ultimate issue of whether companies who profit from devices should also have responsibility to educate on the safe use of such devices and whether these same companies should contribute to minimizing the risk of use of these same devices.
Our firm has extensive experience litigating cases involving distracted and dangerous drivers, including automobile accidents. We know how devastating these injuries can be for the victim and the entire family.
We wish you all a safe and happy holiday season. When buying toys for children, please be careful. According to a recent report--"Trouble in Toyland"--by the U.S. Public Interests Research Group, dangerous toys are stocked on store shelves throughout the country. In particular, toy manufacturers are still producing toys that create dangerously loud sounds, toys with high levels of lead, and toys with small parts.
The consumer advocacy group’s 24th annual “Trouble in Toyland” survey is worth a read, as it provides safety guidelines and highlights currently sold toys that, according to the group, pose serious safety threats to children.
The Santa Ynez Valley Journal remarks, "The report comes in the wake of the Consumer Product Safety Improvement Act, which, effective February, increased the range of products that require testing and certification, set lower limits for the lead content in children’s products and requires that manufacturers have a tracking label that contains a cautionary statement regarding choking hazards. The new sweeping legislation was spurred by public outcry after 2007."
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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!
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions, as well as product defect cases, and burn injury claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically injured each year in vehicular collisions and fires. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
A Virginia jury just recently awarded $8 million in damages to a woman who suffered severe injuries as a result of being struck by a bus owned by the GRTC Transit System. The plaintiff now suffered significant chronic pain as a consequence of serious injuries to her spine and shoulder, as well multiple fractures to her hip and pelvis. Although the jury awarded what it believed was fair, the injured victim of the bus company's negligence will be forced to endure a lifetime of pain and suffering, and will be plagued with physical restrictions forever.
I have represented many people who have been hit by bus and truck operators who have failed to pay attention while operating their large vehicle, altering the lives of innocent people forever. We encourage employers to carefully screen their employees, so that only good drivers are behind the wheel of such dangerous automobiles. Employers should continue to test and train their employees throughout their tenure on the job as well. In addition, operators should be given incentives to drive carefully. People should always be put before profits.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous 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 the Washington Metropolitan Area Transit Authority. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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."
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against distracted drivers of tractor-trailers, other trucks, and cars. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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
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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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
"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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
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.
Over the last year, the American Association for Justice (AAJ) has fought to reverse the Bush administration's legacy of complete immunity preemption, pushed to end forced arbitration and advanced the rights of all Americans to hold wrongdoers accountable. This highlights video shows AAJ's accomplishments in promoting the civil justice system as shown in the media.
Washington Post Staff Writer Martin Weil reports that the police have confirmed that an "81-year-old man was killed Saturday while walking a dog in Arlington County when he was struck by a truck operated by a woman learning to drive." The victim was Marco Amoni, "a self-made small businessman and entrepreneur, " who "was born in Italy and moved to the United States in 1951." He was retired and moved from Long Island New York to Arlington to be with his children and grandchildren. We was a devoted husband and doting father and grandfather, according to his son-in-law.
According to the report, Mr. Amoni was walking his dog when a 21-year-old woman "drove over an embankment" in a parking lot, struck Mr. Amoni, and then drove her truck into a house. In my profession, I learn of tragic events every day--people who are needlessly killed or seriously injured as a result of another person's carelessness. Mr. Amoni's death gets me thinking about my grandfather, who came from Italy, moved to Long Island, and worked hard to build a life for him and his family. My grandfather died as a result of medical negligence with much life left to live. It was a difficult time for my family. We wish the Amoni family peace.
Operators of vehicles must recognize that driving a truck or car is the same as operating a deadly weapon. Too many deaths occur each year in America as a result of reckless driving.
To learn about the National Safety Council's defensive driving course, please click here.
Please drive safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious burn injuries. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Many Americans are killed or critically injured each year as a result of fires. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Martin Weil of the Washington Post reports that a "woman was struck by a Metrobus and critically injured Monday night in the Trinidad area of Northeast Washington," according to WMATA authorities. The report states that the woman is alive, but in critical condition after having been transported to Washington Hospital Center.
According to the report, a Metro spokesperson said that "the woman had just gotten off the D-8 Metrobus on Mount Olivet Road NE, between Trinidad and Montello avenues. She apparently crossed in front of that bus and then was struck about 6:30 p.m. by another Metrobus traveling in the same direction."
This incident is one in a string of incidents involving Metro buses this year. We hope that the injured woman makes a speedy and full recovery.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
Ashley Halsey III, of the Washington Post reports that "President Obama has banned federal employees from text messaging when they are behind the wheel of government vehicles and from texting in their own cars if they use government-issued phones or are on official business." According to the report, "The ban, in the form of an executive order signed Wednesday night, was announced Thursday by U.S. Transportation Secretary Ray LaHood at the culmination of a two-day meeting on the issue of distracted driving.
"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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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."
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
Ashley Halsey III of the Washington Post reports that approximately "90 percent of Americans own cellphones, and one national survey found that eight in 10 drivers talk on their phones while behind the wheel, about 1 million of them at any given moment. Cellphone use has been cited as a factor in an estimated 342,000 auto accident injuries." The lesson here is that it is reckless to drive while using your cellphone or texting, and that even if you are driving safely, others around you probably are not.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
According to James Hohmann of the Washington Post, WMATA "officials are preparing to install video cameras on an unspecified number of rail cars, the first step in what could become a systemwide surveillance network that officials say will help them better manage crowds and investigate criminal activity." This will be paid for through a grant from the Department of Homeland Security. Some of the $27.8 million in grants will be also used to put more cameras on buses.
"[T]here's a lot of good information the cameras can capture," Metro Transit Police Deputy Chief Jeff Delinski said. I agree with Mr. Delinski. Not only will it capture criminal activity, but it will also capture negligent conduct. By having cameras on buses, the circumstances that give rise to accidents will be more readily determined.
I recently represented a woman who was struck by a car that sped through a crosswalk. There was a bus next to the car that had stopped for pedestrians. I tracked down the bus company and determined that it had a camera on-board. The camera captured the movement of the car that struck my client. It proved to be powerful evidence in the case.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically 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.
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."
William Branigin and Martin Weil of the Washington Post report that a 25-year veteran worker for WMATA was killed yesterday when he was struck by a piece of track equipment, known as a ballast regulator, near the Vienna station on the Orange Line.
According to the report, the long-time Metro employee "was working with a crew replacing cross ties when he was hit by a ballast regulator, a piece of equipment that rides on the rails, Metro spokeswoman Lisa Farbstein said early Monday. The equipment deposits and spreads the stone or gravel known as ballast upon which the cross ties and rails rest, particularly in outdoor parts of the system. The ballast provides drainage and stability."
The cause of the incident that took the life of the employee is not presently clear, although an investigation is underway. When incidents like this take place, the family is entitled to certain death benefits pursuant to the Workers' Compensation Act, but other benefits may be available as well depending on what persons or entities are at fault for the occurrence.
This is a very difficult time for the the family of the wonderful man that died prematurely. Our thoughts and prayers are with them.
About the author:
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 specializes in personal injury matters, including work-accident cases. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
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.
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.
Mark V. Rosenker, Acting Chairman of the NTSB, stated, "While the NTSB is still in the very early stages of its investigation into this tragic accident here in our nation's capital, we have concerns about the failure of [Metro's] train control system to prevent this collision."
The Board has advised the Federal Transit Agency to review similar transit systems throughout the country to determined whether other systems need greater redundancy. This action suggests that the failures of the local Metro system could be emblematic of a national crisis.
We hope that all governments and transit agencies thoroughly and expeditiously analyze and test their transit systems so that the tragedy that occurred a month ago here in our nation's capital never happens anywhere in America again.
About the author:
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 specializes 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. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
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.
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.
About the author:
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 specializes in personal injury matters, including medical malpractice actions. He has also been named a "DC Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America. Our firm has experience pursuing cases for patients that involve tragic medical errors, including the failure to properly inform patients of abnormal test results. If you need a patient advocate, we recommend that you read an article about medical malpractice claims authored by senior partner Salvatore Zambri.
If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Five days before last week's deadly Metro crash, Metro employees replaced a component of the rail system known as a Wee-Z bond, a device that keeps trains at a safe distance apart, said WMATA's Rail Chief, Dave Kubicek. Yesterday, transit officials confirmed that the device malfunctioned, and no one at Metro detected the problem, according to a report by Lena Sun and Lyndsey Layton of the Washington Post. The report comments that investigators and transit officials commented yesterday that the circuitry malfunctioned and no one at Metro detected the problem.
The rail system is supposed to be fail-safe. Yesterday's revelations put Metro's maintenance workers in the spotlight. The hazard should have been discovered before the June 22 tragedy that killed 9 and injured at least 80 others.
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.
About the author:
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.
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.
About the author:
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.
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.
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.
About the author:
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.
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.
About the author:
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.
Researchers reporting in the National Journal of Cancer believe that coffee – not green tea – reduces the risk of colon cancer. When researchers reviewed data on the beverage-drinking habits of more than 96,000 Japanese men and women over a 10-year period, they found that coffee significantly lowered the risk of colon cancer in females. The findings should be particularly interesting for women who enjoy coffee frequently. Women who regularly drank three or more cups of coffee a day had a 32% lower risk of colon cancer than those who almost never consumed coffee -- even after taking into account factors that could have affected risk. Colon cancer risk was not reduced for men, and neither women nor men had a reduced risk of rectal cancer. The mechanism by which coffee may prevent cancer is unknown. It might be due to the caffeine in coffee that could stimulate the working of the colon, or the effect could be due to the antioxidant properties of coffee.
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.
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 Metro 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.
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.
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 Metro 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.
Lena H. Sun and Lyndsey Layton of the Washington Post reports that federal officials have announced that "[t]he operator of the Metro train that slammed into a stationary train in front of it apparently had activated the emergency brakes in a failed effort to stop before the accident."
The emergency brake activator is known as the "mushroom," and sources say that it was depressed at the time of the collision. When before the crash the brakes were actually engaged has not yet been determined. What seems apparent, though, is that the train was in "automatic mode" and should have automatically stopped without operator intervention.
The report states that "experts say these facts point to several possible scenarios: The operator activated the brakes too late; the computers that are supposed to stop a train from getting too close to another train faltered; the train's brakes failed; or some combination of those. Some passengers on the striking train have said that they never felt the train slow down."
Although WMATA offcials are suggesting that there is no evidence of driver error or system signal errors, it is clear that this terrible event was avoidable and would not have happened but for carelessness.
And although WMATA officials maintain that the train cars are safe, "federal investogators consider the cars to be unsafe because of a tendency during a crash to collapse into one another like a telescope, reducing the 'survivability' space, or the area in a car in which passengers can escape harm," comments the Post report.
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 Metro 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.
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.
Making matters worse, a National Transportation Safety Board spokesperson confirmed that the train did not have data recorders, which would have detailed the movements of the train prior to the violent collision.
The Post report also commented that "a federal official said that the car was an older model, of a kind that Metro had been advised to replace because of concerns about how it would stand up in a collision. Metro did not do so, its leaders said, because they believed it would be too costly and complicated. Instead, they made some improvements to the trains' braking systems and emergency exits."
It seems that WMATA was putting profits over people in failing to do what was both needed and recommended. Although the cause of the crash is still officially under investigation, it is clear that driver error and system failures are the likely causes.
Officials have identified all of the dead, according ot the Post report, including "Jeanice MacMillan, 42, of Springfield, was the operator of the striking train. The rest were passengers: retired Maj. Gen. David F. Wherley Jr., who headed the D.C. National Guard, and his wife Ann Wherley, both 62; Lavonda King, 23; Veronica DuBose, 29; Cameron Williams, 37; Dennis Hawkins, 64; Mary Doolittle, 59, and Ana Fernandez." Our thoughts and prayers go out to the families of the deceased and to all who endured this tragic crash.
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 Metro 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.
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.
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 specializes in personal injury matters. He has successfully litigated multiple cases against Metro and other automobile owners. 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.
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 Metro system was designed so that a crash like the one yesterday could never happen. The report notes that the system has been couched as a "fail-safe computerized signal system that is supposed to prevent trains from colliding. The agency's trains are run by onboard computers that control speed and braking. Another electronic system detects the position of trains to maintain a safe distance between them. If they get too close, the computers automatically apply the brakes, stopping the trains."
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.
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.
In our nation's capital, two Metro trains on the redline violently collided during the height of rush hour earlier this evening, killing at least 6 people and injuring many more. According to AOL News, "One official said the accident was a 'mass casualty event' as crews cut apart the trains to get people out." One of the Metro trains slammed into the rear of another at a very high rate of speed, causing multiple cars of the rear train to jack-knife, fly into the air, and land on the cars of the lead train. Cars of both trains were shredded. "Rescue workers propped steel ladders up to the upper train cars to help survivors escape. Seats from the smashed cars had spilled out onto the track," comments the report.
The news report goes on to mention that "Metro chief John Catoe said the first train was stopped on the tracks, waiting for another to clear the station ahead, when the trailing train plowed into it from behind. Each train had six cars and was capable of holding as many as 1,200 people. Officials had no explanation for the accident."
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.
Mr. Zambri has successfully litigated cases against Metro and other automobile companies. He 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.
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.
According to NIOSH, "each day, U.S. workers suffer injury, disability, and death from workplace incidents. On average, 15 workers die each day from traumatic injuries. Overall, 5,400 workers died in 2007 from an occupational injury and more than 4 million workers had a nonfatal injury or illness. In the private-sector alone every day, we see 11,500 nonfatal work-related injuries/illnesses with more than half of these injuries/illnesses requiring a job transfer, work restrictions, or time away from the jobs as a result. Among all workers, not just the private sector, 9,000 workers are treated in emergency departments each day, and approximately 200 of these workers are hospitalized. In 2004, this resulted in an estimated 3.4 million nonfatal injuries and illnesses among civilian workers that were serious enough to be treated in hospital emergency departments."
It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.
Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published 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.
According to NIOSH, "Based on well-documented associations between occupational exposures and cancer, it is estimated that approximately 20,000 cancer deaths and 40,000 new cases of cancer each year in the U.S. are attributable to occupation." The report comments that studies don eon animals make it clear that millions of Americans are exposed to carcinogens in the workplace environment.
"A person's risk of developing a particular cancer is influenced by a combination of factors that interact in ways that are not fully understood. Some of the factors include:
Personal characteristics such as age, sex, and race
Family history of cancer
Diet and personal habits such as cigarette smoking and alcohol consumption
The presence of certain medical conditions
Exposure to cancer-causing agents in the environment
Exposure to cancer-causing agents in the workplace
In many cases, these factors may act together or in sequence to cause cancer."
It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.
Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published 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.
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.
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.
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.
There is mounting evidence that the industrial farming of chickens, pigs, and cattle is cultivating more than poultry and livestock — it's cultivating bacteria that medicine is losing the ability to fight. Antimicrobial drugs, including antibiotics like penicillin, ciprofloxacin, and methicillin, kill pathogenic bacteria. Scientists estimate that 50 percent to 80 percent of all antimicrobials in the United States are not used by doctors to treat sick people or animals but are added to farm animal feed, mostly in such subtherapeutic dosages. Public health researchers like Ellen Silbergeld are convinced that this nontherapeutic use of antimicrobials is building dangerous genetic reservoirs of resistance. If they are right, industrial agriculture is fostering and dispersing drug-resistant bacteria that impair medicine's ability to protect the public from them.
Kellogg Schwab, director of the Johns Hopkins Center for Water and Health, refers to a typical pig farm manure lagoon that he sampled. "There were 10 million E. coli per liter [of sampled waste]. Ten million. And you have a hundred million liters in some of those pits. So you can have trillions of bacteria present, of which 89 percent are resistant to drugs. That's a massive amount that in a rain event can contaminate the environment."
Commuters and visitors to Washington, DC rely heavily on the Metro for traveling around town. Although DC's Metrorail system has put a number of safety measures in place during the past year, Metro operators continue to forget they are operating eight-car trains. Platforms are designed for exactly eight cars, so early opening means that at least the last car is still in the tunnel when the doors open. As a result, a hazardous condition is created for passengers in danger of falling onto the tracks. No injuries have occurred this year from these "improper door incidents," but crowded conditions during peak periods create unsafe conditions.
According to Metro officials, "Safety is first and foremost with the transit agency, and we take this very seriously." Improper door operation is considered one of the most serious safety violations, with operators being suspended for 12 days without pay for the first offense, 18 months for the second offense and firing for the third offense. Increased training, to include refresher programs for train operators, as well additional signs on the platforms and inside train consoles, are some measures designed to increase operator awareness of the problem.
Metro riders should also remain vigilant while riding and exiting the train cars.
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.
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.
Approximately half of adults surveyed on water safety say they've had an experience where they nearly drowned, and one in four knew someone who drowned, according to the American Red Cross. “With so many families planning to visit unsupervised beaches and pools, it’s important for parents to make water safety a priority,” says Scott Conner, Senior Vice President for Preparedness and Health and Safety Services. “Learn how to swim and take water safety, first aid and CPR/AED training so you’ll know what to do in an emergency.” Water safety tips for children has been blogged on this cite.
In addition to swimming with a buddy in a supervised area, the Red Cross recommends the following simple safety tips:
Check the water first, if someone is missing.
If someone is in the water and needs help, reach or throw something out to them - don’t go in unless you are trained.
Know how and when to call 9-1-1 or the local emergency number.
Enroll in Red Cross water safety, first aid and CPR courses to learn what to do.
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.
College presidents across the country believe that excessive drinking by college students is the number one campus-life problem. Some of the obvious dangers of student alcohol misuse include:
harm to those who drink to excess;
negative impacts on non-drinking students and those who drink responsibly;
Define a policy that prohibits the unlawful possession, use, and distribution of alcohol and other drugs;
Share information about alcohol and drug treatment programs available to students and employees;
Adopt disciplinary sanctions for students and employees who violate the school’s policy on alcohol and drugs; and
Ensure that the disciplinary sanctions are consistently enforced."
Because of the fear of consequences from violating rules regarding campus drinking, underage drinkers sometimes put themselves and others in danger. In response, some schools have addressed this issue as they try to avoid sending a message of permissiveness about illegal underage alcohol and binge drinking without scaring students into inaction when a situation becomes dangerous.
A number of schools are adopting a "Good Samaritan" rule so that in medical emergencies, violations of campus alcohol policies will not necessarily be enforced. The University of Maryland recently endorsed a Good Samaritan Rule for a one-year trial basis. Other colleges, including George Washington University and the University of Virginia, have good Samaritan rules that provide either a break or amnesty to students who seek help in a medical emergency.
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."
According to the U.S. Consumer Product Safety Commission, more that 164,000 individuals are treated each year following injuries related to ladder accidents. CPSC provides safety tips to prevent ladder injuries:
"Make sure the weight your ladder is supporting does not exceed its maximum load rating (user plus materials). There should only be one person on the ladder at one time.
Use a ladder that is the proper length for the job. Proper length is a minimum of 3 feet extending over the roofline or working surface. The three top rungs of a straight, single or extension ladder should not be stood on.
Straight, single or extension ladders should be set up at about a 75-degree angle.
All metal ladders should have slip-resistant feet.
Metal ladders will conduct electricity. Use a wooden or fiberglass ladder in the vicinity of power lines or electrical equipment. Do not let a ladder made from any material contact live electric wires.
Be sure all locks on extension ladders are properly engaged.
The ground under the ladder should be level and firm. Large flat wooden boards braced under the ladder can level a ladder on uneven ground or soft ground. A good practice is to have a helper hold the bottom of the ladder.
Do not place a ladder in front of a door that is not locked, blocked or guarded.
Keep your body centered between the rails of the ladder at all times. Do not lean too far to the side while working.
Do not use a ladder for any purpose other than that for which it was intended.
Do not step on the top step, bucket shelf or attempt to climb or stand on the rear section of a stepladder.
Set up the ladder away from obstacles and on a solid surface;
Follow the recommended height for the ladder;
Use the ladder safely.
"Face the ladder while climbing and stay in the center of the rails. Grip both rails securely while climbing.
Do not lean over the side of the ladder. Your belt buckle should not be further than the side rail.
On single or extension ladders, never stand above the third rung from the top and never climb above the point where the ladder touches the wall or vertical support.
On stepladders, never stand on the paint shelf, spreaders or back section.
Never stand on the top rung of any ladder.
Do not overreach. It is safer to move the ladder to a new location when needed. Do not try to "jog" or "walk" the ladder to a new location while standing on it. Climb down and reposition the ladder.
Do not overload a ladder. It is meant to be used by only one person at a time.
Never use a ladder in high winds.
Do not use any ladder if you tire easily, are subject to fainting spells or are using medications or alcohol that make you dizzy or drowsy.
If Chrysler's bankruptcy is approved by Congress, owners of Chrysler, Jeep or Dodge vehicles may find themselves without the right to seek compensation for serious injuries caused by car defects. The New York Times has recently published an interesting article concerning this hot topic.
Under the proposed plan, Chrysler identified the obligations the new entity would assume and those it would leave behind. The proposed bankruptcy plan calls for the new Chrysler to honor existing new-car warranties. There is no promise, however, that it will be responsible for future product-liability suits brought by owners of vehicles sold before the automaker filed for bankruptcy.
As the article states: "[T]he Chrysler plan raises a question about why the new Chrysler, the successor to the old company, should be released from liability for product defects at the expense of consumers who may suffer future harm, said Norman I. Silber, a law professor at Hofstra University who specializes in consumer law.“Not only is there a moral claim to be made on behalf of consumers, but there is probably also a legal claim that it is not right,” Mr. Silber said.
Concerned consumer groups, such as Public Citizen, the Center for Auto Safety, Consumer Action, Consumers for Auto Reliability and Safety and the National Association of Consumer Advocates have begun to lobby against the bankruptcy plan.
"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.
The Consumer Product Safety Commission recently announced Hewlett-Packard is voluntarily recalling 70,000 lithium-ion batteries that shipped with several models of its HP and Compaq laptops. According to the CPSC, two separate reports of batteries that "overheated and ruptured, resulting in flames/fire that caused minor property damage" but no injuries.
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.
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 Jonesinvestigation 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:
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.
Associated Press-iVillage poll suggests many women also think they're fat when they're not. The poll reveals that there’s a major disconnect between body image and true physical condition. Many women who say they are dieting are avoiding healthy fruits and veggies. The priorities are flipped," says Dr. Molly Poag, chief of psychiatry at New York's Lennox Hill Hospital. She points to women athletes as much better role models than super models. "There's an undervaluing of physical fitness and an overvaluing of absolute weight and appearance for women in our culture."
About a quarter of the women surveyed said they'd consider plastic surgery to feel more beautiful. Their overwhelming choice: a tummy tuck. "There isn't any quick fix," says Dr. Nieca Goldberg, who directs the women's heart program at the New York University Langone Medical Center.A tummy tuck is cosmetic, removing just some surface fat, and a far cry from more radical surgeries like stomach stapling that are reserved to help the health of the very obese.
8%: Other human error (air traffic controller error, improper loading of aircraft, improper maintenance, fuel contamination, language miscommunication etc.)
6%: Sabotage (bombs, hijackings, shoot-downs)
1%: Other cause
The survey excluded military, private, and charter aircraft."
It's possible that the recent fatal airplane crash involving Continental Flight 3407 was at least in part due to pilot error, according to today's Washington Post report. A co-pilot was reported to have been "shocked" and potentially panicked when the windshield of the plane starting taking on ice, a major safety problem. Among other things, the pilots starting telling stories about their experience (or lack of it) dealing with icing, potentially distracting them from a serious hazard. The "pilots' talking violated federal rules that limit conversation in the cockpit to operational matters, particularly during takeoff and landing", stated the report.
The Continental flight went down on February 12, and it took more lives (50 in all) than any U.S. transportation disaster in the last seven years, according to the National Transportation Safety Board (NTSB). NTSB just yesterday began public hearings into the incident. "Safety investigators have already said the ice had a minimal impact on the plane's performance; instead, the focus is on how the pilots reacted", comments the Post article.
Whether operating a a lawn mower, passenger vehicle, large commercial tractor-trailer, or a plane, operators must be sure they are abiding by applicable safety standards, and must further use common sense. Some accidents can and should be avoided if proper care is taken. If not, tragedy can result.
Senior partner Salvatore Zambri authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in airplane and other vehicle crashes. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
As spring arrives, most homeowners begin the annual task of clearing winter debris and preparing their home for spending more time outdoors. Frequently, injuries result as muscles long dormant during the winter months experience much more activity in a brief period of time than usual. A recent column by a physical therapist and yard keeper in the Gloucester Daily Times provides some common sense advice for preventing injury doing spring yard work.
"Weeding is one of the most labor-intensive outdoor jobs and is responsible for more low-back injuries seen in a physical therapy clinic than almost any other springtime activity. Repeated pulling at stubborn weeds creates a strain in the lumbar discs. With your back in an already compromised, bent-forward position, one good yank at a tough weed may be enough to bulge a disc. A half-kneeling position is a much safer way to pull weeds.
Setting out lawn and patio furniture often requires a bit of heavy lifting. Whenever possible, grab an extra set of hands to help with awkward or heavy items. Many hands makes a healthy back.
Not all the planting needs to be done at once. ...[S]everal consecutive hours of planting leaves you at risk for straining muscles, ligaments or other tissues. These strains often sideline people for weeks at a time. Breaking up the planting into small increments minimizes your risk of injury and maximizes your chance of having everything you want in your garden.
Raking and cleaning up debris takes a lot more energy than it is often credited. When raking sticks and leaves, take slow, steady strokes with the rake. This ensures that you don't burn too much energy and increases the chance that your body mechanics will stand up to the task of debris detail.
Pruning hedges with heavy sheers is an easy way to acquire rotator cuff tendonitis. Over extending your arm with a heavy object in your hand is a quick recipe for a tendon injury. When trimming back bushes, keep the sheers close to your body and try to keep your shoulders at or below ninety degrees of elevation. This position protects the delicate rotator cuff from tearing. A surgical repair of the rotator cuff is followed by a lengthy and uncomfortable rehabilitation, so shield yourself from harm before it happens.
Take breaks frequently. Many injuries result from overly tired muscles. When a muscle becomes fatigued, its ability to stabilize a joint or create enough force to accomplish a routine task diminishes considerably. It is at this point that people risk injuries such as discs, nerves and tendon tears.
Change activities whenever possible. Repetitive activities wear down body parts. Changing your activity every thirty minutes is an easy way to avoid a repetitive strain injury."
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."
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.
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.
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.
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.
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.
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:
Children ages 12 and younger should be in the back seat and properly restrained;
Your car (or booster) seat should be properly installed in accordance with both the instruction manual and your vehicle owner’s manual;
The car seat registration card should be sent to the manufacturer so that you can be contacted in the event of recalls; and
Car seats involved in collisions should be replaced.
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.
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.
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.
Many older people fear hip fractures -- and with good reason. Of all types of fractures, hip fractures have the most significant impact on the quality of life. An alarming 20–25% of people over age 50 who break a hip will die within a year.
A hip fracture usually occurs when a persons fall from a standing position, with the hip taking the impact of the fall, although less traumatic falls also can cause hip fractures According to Johns Hopkins University, 90% of hip fractures are the result of a fall.
Here are some simple steps you can take to reduce the likelihood of falling:
Families of persons killed by trucking accidents are lobbying Congress to halt the trucking industry's efforts to allow heavier, longer trucks on the roads. This interesting story is being reported by MSNBC. The families are coming together to form safety groups, including Citizens for Reliable and Safe Highways (CRASH) and the Truck Safety Coalition.
As MSNBC reports: "The group is particularly opposed to proposed increases in truck weight limits from 80,000 pounds to 97,000 pounds, a more than 20% increase. The industry argues that trucks have gotten safer, that bigger trucks means less of them on the road and that the number of truck-related deaths decreased from 2007 to 2009."
The families have argued that even though deaths may have decreased from 2007 to 2009, nearly 5,000 people per year are dying as a result of truck accidents. For more of this interesting story, please follow this link.
The FDA has issued guidelines on the disposal of prescription drugs. The Kaiser Family Foundation states that the average American takes more than 12 prescription drugs annually, with more than 3.8 billion prescriptions purchased each year,
Previously, three federal agencies--the White House Office of National Drug Control Policy, Department of Health and Human Services and Environmental Protection Agency--jointly released new guidelines in February designed to help people safely trash their prescription drugs.
CNN is reporting that President Obama has selected Inez Tenenbaum to head the Consumer Product Safety Commission (CPSC). Ms. Tenenbaum has recently served two terms as South Carolina's superintendent of education. It appears that Ms. Tenenbaum's top priority will be to protect children from being harmed by dangerous products.
CPSC's mission statement, as stated on its website, is the following:
"The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years."
OMB Watch, a government watchdog, has published an interesting blog concerning the National Highway Traffic Safety Administration's (NHTSA) new roof strength rule. The new rule requires stronger roofs in vehicles to prevent injuries to passengers involved in rollover crashes.
The good news: NHTSA's rule abandoned the Bush administration's plan to limit the rights of individuals to file lawsuits to seek compensation for serious injuries. The bad news: NHTSA is giving the auto industry until the year 2016 to be in full compliance. Auto manufacturers will have to begin applying the new standard starting in 2013.
Despite the delay, the new standard should greatly benefit persons traveling in automobiles. The new standard doubles the required strength for roofs. For additional information, please send us an email or call 202-463-3030.
Six continuous glucose monitors are approved by the U.S. Food and Drug Administration (FDA): CGMS System Gold, Guardian REAL-time System, Guardian RT, MiniMed Paradigm REAL-Time System (all from Medtronic), DexCom STS, and The Abbott FreeStyle Navigator. Continuous glucose monitors can enable you to spot general trends in how well you are controlling your blood glucose, recognize whether it is on its way up or down, and help determine adjustments in your treatment. Better yet, the new sensors even include alarms that can warn you if your blood glucose is too low or too high.
Continuous glucose monitoring (CGM) systems use a tiny sensor inserted under the skin to check glucose levels in tissue fluid. The sensor stays in place for several days to a week and then must be replaced. A transmitter sends information about glucose levels via radio waves from the sensor to a pagerlike wireless monitor.
Unfortunately, continuous monitors are costly and health insurance coverage is presently a real problem.
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.
How do you know if that personal trainer is knowledgeable? Just because he or she is working at your gym does not guarantee your safety. Find a list of programs with third-party accreditation from the National Commission for Certifying Agencies at www.noca.org, an umbrella group that weeds out lesser training programs. Industry experts point to the American College of Sports Medicine and the National Strength and Conditioning Association as two of the most reputable organizations.
The American Council on Exercise urges all Americans to choose a personal trainer who is professionally certified. “Consumers should demand fitness professionals whose qualifications and professional competencies are beyond reproach,” said Ken Germano, ACE Executive Director. “Competent exercise guidance should always be the integral element of any consumer’s exercise experience.”
There are more than 70 certifying organizations that individuals can go to in order to obtain some sort of training and then claim to be a "personal trainer." Many people join gyms and hire personal trainers at very high hourly rates assuming the trainer is qualified. That is not always the case. Most people would be surprised to learn there is no standardized testing in the industry before one can use the title "personal trainer".
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.
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.
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."
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.
An article in the New England Journal of Medicne concludes that it is too early to provide stable estimates of genetic risk for many diseases. However, several companies have begun offering direct to consumer testing. With larger sample sizes or by combining studies, accurate prediction of genetic risk will be possible. However, urgent guidelines are needed to assist physicians who advise patients considering this type of testing. Harvard researchers, caution doctors, patients and consumers to be skeptical about estimates of genetic risk based on the latest findings, especially given interventions that might have even riskier side effects. A person’s actual DNA sequence may stand the test of time, but genetic risk profiles are likely to evolve as science zips ahead.
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.
According to a Washignton Post report, a government official has announced that Supreme Court Justice David H. Souter is planning to retire from the High Court. A vacancy would give President Obama his first opportunity to nominate a replacement to the court. Although a republican appointee, many have characterized the 69 year old Souter as part of the liberal bloc of the court. Some therefore believe that Obama will likely replace him, in the event Souter actually retires, with a like-minded judge. Obama's priority, however, will be to hire a woman. There is only one woman presently on the court--Justice Ginsburg.
President Obama may have other opportunities to shape the Supreme Court. Justice John Paul Stevens, 89, is the the longest-tenured justice, but he has given no indication that he is ready to leave. Justice Ginsburg is 76 and was diagnosed with pancreatic cancer this past winter. She, too, has no immediate plans to retire, and has stated that she intends to serve on the court until well into her 80s.
To read the entire Post article, please click here.
Justice Souter has been a smart, dedicated member of the High Court, who has compassionately and intellectually analyzed many important issues that impact the American way of life. Salvatore Zambri, senior partner at the firm, had the recent pleasure of presenting a program with him to DC school children, who entered an essay contest. The essays concerned "Liberty Under the Law: Empowering Youth, Ensuring Democracy." They were inspiring, as has been the career of Justice Souter.
If you ever have any questions baout your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
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.
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.”
Personal Care Products and FDA notified healthcare professionals of a voluntarily nationwide recall of all lots of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin, 6 fl. oz., UPC 4815592076, because it has the potential to cause chemical burns to the fingers of users.
We have reproduced the FDA Press Release in its entirety below:
Recall -- Firm Press Release
Personal Care Products Conducts Nationwide Recall of Non-Acetone Nail Polish Remover Because of Possible Health Risk
Contact:
Lawrence Weisberg
248-258-1555
FOR IMMEDIATE RELEASE -- April 29, 2009 -- Personal Care Products of Bingham Farms, MI is voluntarily conducting a nationwide recall of all lots of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin, 6 fl. oz., UPC 4815592076, because it does not meet product specifications and has the potential to cause chemical burns to the fingers of users.
The product has been sold nationwide in small discount retail stores and retailers are being instructed to remove the product from sale and to return it to Personal Care Products.
Personal Care has received two complaints of burns to the fingers resulting from the use of the product.
Any person who purchased a bottle of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin is urged to return it to the store of purchase for a refund. Consumers with questions may contact Personal Care Products at 1-248-258-1555, Monday through Friday from 9 a.m. until 5 p.m. EDT.
"Due to improper heat treatment, the original clamp used to secure the stainless steel exhaust tip to the exhaust pipe may develop microscopic cracks. If this occurs, the crack may expand causing the clamp to break and in the worst case the exhaust tip may fall off.
There are approximately 39,100 accessory kits that may be affected by this condition. Because this accessory is installed at the Toyota vehicle processing centers and dealers, and is available over-the-counter, all of approximately 121,000 vehicle owners will be notified.
There have been ten reported incidents of this condition in the United States; no other Toyota or Lexus vehicles are involved in this recall.
Toyota will inform owners of the involved vehicles with a Safety Recall notification via first-class mail beginning in early May. The notification will include inspection instructions for owners to determine if their vehicle is equipped with this accessory. Affected owners are requested to contact their local Toyota dealer for inspection and repair."
Customers with questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.
Apartment safety may begin with renter's insurance, but it certainly doesn't end there, as recently reported in Apartments.com. To protect yourself and your belongings, experts recommend the following simple guidelines:
DO...
Write only your last name or initials on your mailbox.
Make sure the locks on all doors leading into your apartment have been changed since the last tenant was living there.
Ask your landlord to install a peephole in your front door.
Stay alert when entering your apartment. Avoid talking on your cell phone or looking preoccupied when walking toward your building.
Report bad lighting or overgrown shrubbery to your landlord.
Inventory the description, serial number and cost of your valuables. Keep a copy of your records online, in a fireproof locked box or in a safe deposit box in a bank. Take pictures of your most valuable items and attach those to your receipts to make any insurance claims run as smoothly as possible.
Keep a broom handle or other long stick in the track of sliding glass doors, to deter break-ins.
Purchase light timers and set them so that your lights turn on while you're away in the evening.
The U.S. Consumer Product Safety Commission has issued a recall along with Haier America of about 106,000 toaster oven/broilers. Electrical connections in the toaster oven/broilers can become loose posing the threat of electrical shock or burns.
According to a recent report, Food and Drug Administration lab analyses identified undeclared sibutramine in 34 dietary supplement products distributed by Universal ABC Beauty Supply.
A new study from the Johns Hopkins University School of Nursing found that for older women, financial stress can be deadly. Financial stress is a sadly widespread experience. According to a poll on About.com roughly 7 in 10 respondents are "very stressed" about money, and only 1 in 10 report that they are not stressed about finances — and the proportion of people stressed about money is only going up. This is pretty significant because financial stress is linked to health problems like depression and sleep problems. With the rising cost of gas and food, the mortgage crisis, and the new bank troubles we're seeing, many Americans are feeling the crunch of financial stress. Anxiety over money can negatively affect health in several ways:
Each year, the Electrical Safety Foundation International sponsors May as National Electrical Safety Month. This May, ESFI's focus is the Buyer Beware Anti-Counterfeiting Campaign to help raise awareness about dangerous and defective counterfeit electrical products that are threatening to harm public health and safety. ESFI has a buyer beware fact sheet and a tool kit that professionals and consumers can use to educate the public about this very serious problem.
According to ESFI, "unlike fake handbags, watches, or designer apparel, these fraudulent products such as circuit breakers, power strips, extension cords, batteries, hair dryers, and holiday lights can cause fire, explosion, shock, burns, and deadly electrocutions.
Counterfeit electrical products pose significant safety hazards, and can cause deaths, injuries and substantial property loss in the home and the workplace if left undetected.Education and recognition among consumers, families, and communities will save lives and prevent devastation, injuries, and property damage."
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.
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!
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.
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.
A Pennsylvania Air National Guard reservist has filed a lawsuit accusing his former employer of firing him for taking time off for an injury suffered while he was on active duty. According to the lawsuit, UPMC Health Benefits Inc. violated the Uniformed Services Employment and Re-Employment Rights Act when it terminated Thomas Smith after he returned to work following rotator cuff surgery. The lawsuit seeks reinstatement of Smith to his old position, compensatory and punitive damages.
A new consumer product recall highlights the risks of exercise balls. Even while exercising to improve health and fitness, it is important to be aware of the risks associated with the equipment and to ensure that the equipment is safe and used properly.
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.
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 Research 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."
The most famous dog in America--Bo, a Portuguese water dog--arrived at the White House a few days ago. The Obamas thought long and hard about which canine to include in the First Family, especially given Malia Obama's allergies. They picked smart--a hypoallergenic dog with a friendly disposition.
Choosing a proper pet is important for many reasons. One should consider size, demeanor, cost, need for exercise, and much more, before deciding to own an animal. Also, without proper care and training, certain animals can be extraordinarily dangerous.
Approximately 4.7 million people are bitten by dogs every year, causing nearly thirty deaths each year in America alone. According to several studies, the main factors leading to such incidents are: human behavior, dog behavior, training, aggression, and unsupervised children. Click here to learn more about the factors leading to dog attacks.
Besides attacks, certain animals can seriously jeopardize owners' health. Pet allergies are essentially a negative reaction to certain proteins (allergens) excreted by animals. Million of Americans, including three million children, have asthma that is triggered by allergens. Exposure to pets can cause acute asthma attacks, as well as chronic chronic and debilitating asthma. Click here to read more about allergic reactions to animals.
If you decide, like the authors, to own a dog (or any other animal), choose wisely, give the animal the love and attention it needs, and train your pet well. A happy pet can bring a tremendous amount of joy into your life.
For information about your legal rights following a dog or other animal attack, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
Your chances of getting sick from tainted food may depend on how diligent your state inspection system is, according to an article in the New York Times this week. “The longer it takes you to nail an outbreak, the more people are going to get sick,” said Dr. David Acheson, associate commissioner for foods at the Food and Drug Administration. “And if it’s a pathogen that causes death, more people are going to die.” Dr. Robert Tauxe, deputy director of the Centers for Disease Control and Prevention’s division of food-borne diseases, said the agency planned immediate investments “to increase the capacity of several health departments.”
Both President Obama and the Congress have asked for more inspections and new food production rules in order to try to prevent tainted food-related outbreaks, but far less attention has been paid to fixing the outdated, underfunded system by which officials try to detect and stop ongoing outbreaks. According the Times article, " uncovering which foods have been contaminated is left to a patchwork of more than 3,000 federal, state and local health departments that are, for the most part, poorly financed, poorly trained and disconnected."
The Supreme Court of the United States recently announced its ruling in the Wyeth v. Levine case. The principal question before the Court was whether FDA approval of a drug's label overrides (or preempts) state-law claims of inadequate warning. The argument made by the drug company was that it would be impossible to comply with both state and federal laws if the state's law provides for a stronger warning label than the FDA labeling regulation. The Supreme Court rightly rejected that argument, finding that "Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness." By issuing this ruling, the Court will allow consumers more protection from drug injuries that could have been prevented if the drug label had included proper warnings.
In this case, Diane Levine, a professional musician being treated for migraine headaches was injected with Phenergan, a drug manufactured by Wyeth. Because of the direct IV administration (IV push) of the drug, Ms. Levine's artery in her arm died, ultimately resulting in amputation of that arm. Wyeth was aware of the dangers of the IV push method for administering Phenergan, but never included any warnings to prohibit IV push administration on the label. The FDA had not determined whether the label should have included the warning. However, the FDA's labeling rules require that a prescription drug manufacturer change warning labels as soon as there is reasonable evidence that the drug causes adverse reactions without waiting for FDA approval of the label change.
Government regulations are intended to set minimum safety standards, but cannot guarantee safety. The preamble of regulations was intended to define the agency's interpretation. Beginning in 2005, Federal agencies started adding to the preamble of regulations without Congressional approval. With these additions, the agencies claimed that federal standards overrule any state safety standards and that state tort claims should be discarded. By adding preemption language to the agency preamble, the agencies bypassed Congress in determining if or when state law should be overruled. In 2007, however, Congress passed the Food and Drug Administration Act of 2007 (FDAAA), forcing the FDA to require drug manufacturers to update their labels when the manufacturers become aware of potential hazards.
If you or a family member has been injured as a result of a drug error or other product defect, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation.
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."
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
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.
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 AAAarticle.
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.
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.
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.
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.
Dill Air Control, a subsidiary of the Chinese company, Shanghai Baolong Industries, has approximately 30 million potentially faulty tire valve stems in North American distribution. The faulty valve stems are thought to be cracking, causing a slow leak that may lead to tire failure at higher speeds – a situation that has proven to be fatal for at least one Florida resident in 2006, according to an article by Consumer Reports.
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).
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.
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.
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As reported by the Washington Post, the U.S. Department of Transportation recently announced the first major update to its vehicle safety ratings (which grade vehicles on scale of up to five stars) in seven years. The new program will continue to assess passenger cars, pickup trucks, sport utility vehicles, and vans on the five star scale, but will add an overall safety rating that combines the scores from several crash tests.
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The recent beef recall because of possible contamination with E. coli highlights weaknesses in a recall system that often experiences delays in informing consumers. The significance of this recall is emphasized when considered in conjunction with the separate salmonella outbreak sickening nearly 900 people. As a result, the standards of our food safety system has been called into question.
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The top ten list includes Allstate, UNUM, AIG, State Farm, Conseco, WellPoint, Farmers, UnitedHealth, Torchmark, and Liberty Mutual. AAJ's summary report is reproduced below in its entirety:
"ALLSTATE RANKS AS WORST INSURER FOR CONSUMERS
Insurance Industry Employs "Deny, Delay, Defend" Strategy,
Puts Profits Over Policyholders
WASHINGTON, DC – Allstate ranks as the worst insurer for consumers, according to a comprehensive investigation of thousands of legal documents and financial filings.
The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.
"While Allstate publicly touts its 'good hands' approach, it has instead privately instructed its agents to employ a 'boxing gloves' strategy against its policyholders," said American Association for Justice CEO Jon Haber."Allstate ducks, bobs and weaves to avoid paying claims to increase its profits."
Allstate (NYSE: ALL) set the standard for insurance company greed and placing profits over policyholders.Allstate contracted with consulting giant McKinsey & Co. in the mid-1990s to systematically force consumers to accept lowball claims or face its "boxing gloves," an aggressive strategy designed to deny claims at any cost.One Allstate employee reported that supervisors told agents to lie and blame fires on arson, and in turn, were rewarded with portable fridges.
Thousands of court documents, materials uncovered from litigation and discovery, testimony, complaints filed with state insurance departments, SEC and FBI records, and news accounts were reviewed to compile the rankings and statistics.
The rest of the rankings are as follows:
2. Unum (NYSE: UNM) – Unum's actions are even more shameful considering the type of insurance it sells: disability. Unum's behavior was epitomized when it denied the claim of a woman with multiple sclerosis for three years, stating her conditions were "self-reported," contrary to doctors' evaluations.In 2005, Unum agreed to a settlement with insurance commissioners from 48 states over their practices.
3. AIG (NYSE: AIG) – The world's biggest insurer, AIG's slogan was "we know money."AIG, described by commentators as "the new Enron," has engaged in massive corporate fraud and claims abuses.In 2006, the company paid $1.6 billion to settle a host of charges.
4. State Farm – State Farm is notorious for its deny and delay tactics, and like Allstate, hired McKinsey consultants.State Farm's true motives became apparent during Hurricane Katrina; for example, it employed multiple engineering firms until they could deny the claims of the Nguyen family of Mississippi. In April 2007, State Farm agreed to re-evaluate more than 3,000 Hurricane Katrina claims.
5. Conseco (NYSE: CNO) – Conseco sells long-term care policies, typically to the elderly.Amongst its egregious behavior, the insurer "made it so hard to make a claim that people either died or gave up," said a former Conseco-subsidiary agent.Former Conseco executives were fined when they admitted to filing misleading financial statements with regulators.
6. WellPoint (NYSE: WLP) – Health insurer WellPoint has a long history of putting profits ahead of policyholders. For instance, California fined a WellPoint subsidiary in March 2007 after an investigation revealed that the insurer routinely canceled policies of pregnant women and chronically ill patients.
7. Farmers – Swiss-owned Farmers Insurance Group consistently ranks at or near the bottom of homeowner satisfaction surveys, and for good reason. For example, Farmers had an incentive program called "Quest for Gold" that offered pizza parties to its adjusters that met low claims payments goals.Like Allstate, it also hired the McKinsey consultants.
8. UnitedHealth (NYSE: UNH) – The SEC opened an investigation into former UnitedHealth CEO William McGuire for stock backdating, which ultimately led to his ouster in 2006 and returning $620 million in stock gains and retirement compensation.Physicians have also reported that their reimbursements are so low and delayed by the company that patient health is being compromised.
9. Torchmark (NYSE: TMK) – According to Hoover's In-Depth Company Records, Torchmark's very origins were little more than a scam devised to enrich its founder, Frank Samford.Torchmark has preyed on low-income Southern residents and charged minority policyholders more than whites on burial policies.
10. Liberty Mutual – Like Allstate and State Farm, Liberty Mutual hired consulting giant McKinsey to adopt aggressive tactics. Liberty's tactics were highlighted when a New York couple's insurance was "nonrenewed" by Liberty, even though they lived 12 miles from the coast and never experienced weather-related flooding.
Financial documents also revealed extravagant profits and executive compensation while policyholders' claims were routinely delayed and denied:
Over the last 10 years, the property / casualty and life / health insurance industries have each enjoyed annual profits exceeding $30 billion.
The insurance industry takes in over $1 trillion in premiums every year.It has $3.8 trillion in assets, more than the GDPs of all but two countries.
The CEOs of the top 10 property / casualty firms earned an average of $8.9 million in 2007.The CEOs of the top 10 life / health insurance earned an average of $9.1 million.
The median insurance CEO's cash compensation is $1.6 million per year, leading all industries.
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).
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.
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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."
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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.
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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.
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. Continue Reading...
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. Continue Reading...
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:
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:
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. Continue Reading...
There are numerous products on the market to help quit smoking including everything from "The Patch" to chewing gum. One such product is Chantix, a non-nicotine prescription medicine to help adults quit smoking by reducing the urge to smoke. Released by Pfizer, Chantix has come under recent heat from several industries banning the drug as unsafe for its workers. The Institute for Safe Medication Practices' (ISMP) report on the adverse effects of Chantix has created a wave of questions from the Food and Drug Administration (FDA), Senator Chuck Grassley, the Federal Motor Carrier Safety Administration (FMCSA), and the Federal Aviation Administration (FAA). Continue Reading...
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.
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.
"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."
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.
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.
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):
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.
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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:
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A cruise ship vacation is a great, relaxing way to travel and see counties all over the world. As vacations go, cruises can also be very affordable. The close proximity of so many vacationers in an isolated environment can pose some unique public health risks, however. If a cruise ship vacation is on your agenda this season, take some time to familiarize yourself with the following tips for healthy cruising, courtesy of the U.S. Centers for Disease Control and Prevention (CDC):
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The U.S. Food and Drug Administration (FDA) has issued a warning regarding persulfates -- common ingredients in denture cleansers -- and has asked manufacturers of denture cleansers to include a warning in the label about their use of persulfates. The ingredients are now known to cause allergic reactions in some users. The agency is also recommending that manufacturers begin searching for viable alternatives to persulfates. The chemicals are used in most denture cleansers to promote the cleaning and bleaching process.
According to the FDA, allergic reactions to persulfates don't always occur after the first use, and may not occur until after many years of use. Additionally, the symptoms of an allergic reaction may not appear for minutes or even hours after use of the cleansers. Those symptoms may include irritation, tissue damage, rash, hives, gum tenderness, breathing problems, and even low blood pressure.
According to a new analysis of U.S. injury data, approximately 37,000 people over age 65 are injured annually while attempting to enter or exit a vehicle. Roughly 40% of these injuries were due to falls. Additionally, the same group was found more likely to be hospitalized as a result of falls than was the average driver. These findings are the result of new research published in a recent edition of the Journal of the American Geriatrics Society.
If you've considered a deep cleaning of your home this spring, you may also be wondering how best to eliminate the disorganization of another year's worth of paperwork and financial records. Simply throwing them in the trash is not always the safest solution. According to the Better Business Bureau, 8.1 million Americans were victims of identity theft in 2007, alone -- and surprisingly, only about 12% of that ID theft occurred on-line.
Before you throw away that next pile (or even piece) of identifiable personal financial information, take a minute to scan these helpful tips, designed to help you prevent the headache and financial injury associated with ID theft:
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:
Although many people with mild dementia (such as in early Alzheimer's Disease) may initially be able to drive safely, their driving skills predictably decline over 1 - 2 years to a level that often leaves them unsafe to drive. The finding is the result of new research published in a recent edition of the journal Neurology -- the official journal of the American Academy of Neurology.
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.
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Conventional wisdom may hold that drunk drivers are habitual drinkers, but new research shows that people who get drunk only on occasion account for almost half of all DWI offenses. This latest study, published in a recent issue of the journal Alcoholism: Clinical & Experimental Research, draws its research data from the 2006 Behavioral Risk Factor Surveillance System survey -- a survey involving interviews with more than 350,000 adults living in the U.S. each year.
Malt-O-Meal has recalled two of its cereal products because of potential contamination with Salmonella. Full details for the recalled items are detailed on the company website.
As summarized by the Centers for Disease Control and Prevention (CDC), Salmonella is a bacteria that infects individuals who come in contact with infected food products, food handlers, or pets. Most persons infected with the Salmonella bacteria usually recover completely, although elderly, infants and individuals with weakened immune systems are prone to more serious and longer term health problems.
Following is the recall announcement by Malt-O-Meal, reproduced in its entirety for our readers:
"FOR IMMEDIATE RELEASE -- Minneapolis, MN -- April 5, 2008 -- Malt-O-Meal announced today that it is voluntarily recalling its unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced with "Best If Used By" codes between April 8, 2008 (coded as "APR0808") and March 18, 2009 (coded as "MAR1809") because they may have the potential to be contaminated with Salmonella.
The recalled product was distributed nationally, marketed under the Malt-O-Meal brand and as some private label brands including Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw's, ShopRite, Tops and Weis Quality. A comprehensive listing of impacted products can be found at www.malt-o-meal.com/recallinfo.
No illnesses have been reported to date in connection with this situation. All other Malt-O-Meal products are unaffected by this action and are safe for continued sale and consumption. The products affected by this recall represent less than one-half of one percent of the company's annual production of ready-to-eat cereal. http://www.fda.gov/oc/po/firmrecalls/maltomeal04_08.html"
Contrary to popular belief, pregnant women shouldwear seat belts, not only to save themselves in the event of a car accident but also to save their fetuses. The finding is the result of recent research published in the April issue of the American Journal of Obstetrics & Gynecology. According to the study, almost 200 fetuses each year -- half of all fetal losses in motor-vehicle crashes -- could be saved if pregnant women wore seat belts properly.
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Mild traumatic brain injury is often followed by post-concussion syndrome, but brain injuries, it turns out, aren't the only traumas which predict the neurological condition. The finding is the result of new research published in a recent edition of the Journal of Neurology, Neurosurgery and Psychiatry.
Efforts to teach young adults about food safety may not be hitting home, according to a new study of college student eating behaviors recently published in the Journal of the American Dietetic Association.
Most people are aware of the importance of proper eye protection in sports such as hockey or racquetball, and wear face masks or appropriate safety goggles. Unfortunately, many people are injured each year in a variety of other "less dangerous" sports which also require proper eye protection. The American Academy of Opthalmic Executives (AAO) recognizes April 2008 as Sports Eye Safety Month to help increase public awareness of wearing protective eyewear when participating in team sports.
To help more Americans recognize the seriousness of alcohol abuse, the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) has designated April 2008 Alcohol Awareness Month.
Older people should walk cautiously on escalators and perhaps consider taking the elevator if they have trouble balancing. These recommendations and others are the result of new research into escalator safety conducted at the Indiana University School of Medicine and recently published in the journal Accident Analysis & Prevention.
An increasing presence of insects and other pests is one of the earliest and most frustrating signs of Spring. While many people use pesticides to control insects in and around their homes, not all pesticides are safe -- particularly those which are only available on the street or in small neighborhood stores. Many such pesticides (for instance, Chalk or Tres Pasitos)are illegal and commercially unavailable precisely because they're too dangerous to use. According to the U.S. Environmental Protection Agency (EPA), the following pest products are particularly dangerous, illegal, and unfortunately commonly available:
According to the U.S. Environmental Protection Agency (EPA), an emergency call is made to U.S. poison control centers every 13 seconds, and 40% of those calls involve injuries to children under three years of age. More than 77,000 of those calls typically involve poisonings by common household pesticides. The EPA recognizes March 16 - 22 as National Poison Prevention Week, and offers the following home safety information to help prevent poisonings in the home this year:
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Eggs are an important part of Spring religious holidays, both as decorations and for dining. If you're planning an Easter egg hunt or cooking eggs for your Passover Seder, take time to educate yourself about the following common health and safety issues specific to eggs, courtesy of the Food Safety and Inspection Service (FSIS), a division of the U.S. Department of Agriculture (USDA):
A head injury traumatic enough to cause unconsciousness can result in widespread, permanent destruction of brain tissue. The finding is the result of research recently published in the journal Neurology -- the official journal of the American Academy of Neurology -- and helps to explain why some people who suffer Traumatic Brain Injury (TBI) often experience irreversible personality changes following their injuries.
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Each year, approximately one third of all senior adults in the U.S. fall, and the likelihood of their falling increases substantially with each year of age. Nearly 16,000 people 65 years of age or older died as a result of injuries from falls in 2005 alone. The number of older adults who fall without injury or who don't seek medical care is unknown. These findings were recently published by the U.S. Centers for Disease Control and Prevention (CDC), in the Morbidity and Mortality Weekly Report.
Most of the United States will be changing to Daylight Saving Time (DST) on March 9, 2008. This will be the first season when the time change occurs so early in the spring. The U.S. Consumer Product Safety Commission (CPSC) and local fire departments remind consumers that DST changes are also the best times to change smoke detector batteries and reviewing home fire safety guidelines.
The following news release from the CPSC for March 6, 2008 is reproduced 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 March 6, 2008 Release #08-211
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7800
CPSC Daylight Saving Time Alert: Working Smoke Alarms Are Key to Surviving Home Fires
WASHINGTON, D. C. – Smoke alarms are proven life savers. There are more than 300,000 residential fires every year, so when there is a fire, smoke alarms buy families valuable escape time.
Unfortunately, about two-thirds of fire deaths take place in homes with no smoke alarms or with non-working smoke alarms. The most common reasons why alarms did not work were missing, disconnected, or dead batteries. Consumers need to make sure that they have a working smoke alarm.
For better warning of fire, consumers should install smoke alarms on every level of the home, outside sleeping areas, and inside bedrooms. Replace batteries annually, and test the smoke alarms monthly. A good time to remember to replace batteries is when turning clocks ahead for daylight saving time on Sunday, March 9.
When shopping for smoke alarms, consumers should be aware of the two different types of smoke alarms: ionization and photoelectric. While both types are effective smoke sensors, ionization type detectors respond quickly to flaming fires, while photoelectric type detectors respond sooner to smoldering fires. Since consumers can’t predict what types of fires might break out, CPSC staff recommends (pdf) installing both ionization and photoelectric type smoke alarms (pdf) throughout the home for the best warning of a fire. This recommendation is also supported by the United States Fire Administration, the National Fire Protection Association, Underwriters Laboratories, and by research conducted by the National Institute for Standards and Technology. There are also dual sensor smoke alarms that have both ionization and photoelectric sensors in one unit.
Consumers should also consider interconnected smoke alarms. Interconnected alarms are connected to each other by a hard wire or by wireless technology. If one alarm is triggered, all interconnected alarms in the home sound, alerting consumers to the fire earlier.
Many residential fires are preventable. CPSC recommends consumers follow these safety steps:
Never leave cooking equipment unattended.
Have a professional inspect home heating, cooling, and water appliances annually.
Inspect electrical cords for signs of wear, cracks, or age, and keep lighting away from combustibles.
Use caution with candles, lighters, matches, and smoking materials near upholstered furniture, mattresses, and bedding.
Keep matches and lighters out of reach of young children.
Have a fire escape plan and practice it so family members know what to do and where to meet if there’s a fire in the home. Children and the elderly may sleep through or not react to the sound of the smoke alarm, so parents and caregivers should adjust their fire escape plan to help them escape the house in the event of a fire.
For more information, also visit www.FireSafety.gov, for fire safety information from CPSC and other federal agencies.
A difficult-to-diagnose and once rare ankle injury is becoming more common with the increased popularity of snowboarding, according to a recent report by Reuters Health.
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March is Spring Break season for many college-age Americans, and one of the first opportunities of the year to set aside the books and vacation with friends. Too often, those vacations turn dangerous or deadly, due partly to risky behaviors frequently associated with Spring Break festivities. The U.S. Centers for Disease Control and Prevention (CDC) has identified some common Spring Break risks, and recommends the following to keep you and those around you safe and healthy this spring:
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Spring weather and gardening season are just around the corner. While gardening can improve your sense of well-being and promote physical health, staying safe while working outdoors is still important. According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 67,000 U.S. consumers visited emergency rooms due to injuries from push mowers, and 14,600 were injured by garden tractors in 2004 alone. The agency offers the following tips to help make your gardening season safe and enjoyable:
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A recent study by the U.S. Centers for Disease Control and Prevention (CDC) demonstrates that high levels of formaldehyde have been found in some travel trailers provided to disaster victims by the U.S. Federal Emergency Management Agency (FEMA). There is some reason to believe that long-term exposure to formaldehyde could lead to serious health problems such as cancer. Unfortunately, travel trailers are not the only places where formaldehyde exposure could be a danger. To contribute to public understanding regarding the industrial uses of formaldehyde and its risks, the National Cancer Institute has issued the following fact sheet with questions and answers related to formaldehyde exposure:
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Snow-covered, icy, or cluttered stairways are a nuisance, but more importantly, they're dangerous. According to the Home Safety Council (HSC), falls account for approximately one-third of all home injury deaths annually, and falls involving stairs or steps are the second leading cause of fall-related death. Stairs are particularly dangerous this time of year, when the heights and depths of steps are often obscured by snow, and staircases may be wet or covered in ice. You can help to safeguard your health and the health of those around you by familiarizing yourself with the following stairways safety tips, courtesy of HSC:
While the topics of water safety and drowning prevention typically receive some public attention during summer months, there are many people who prefer to use hot tubs, whirlpools and spas throughout the winter, when the weather is at its coldest. Although winter can be one of the most enjoyable seasons for hot tub use, it is equally dangerous. To help prevent personal injuries related to hot tubs, whirlpools and spas, the U.S. Consumer Product Safety Commission (CPSC) offers the following historical data and recommendations for children and adults alike:
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When winter temperatures drop significantly below normal, staying warm and safe can become a challenge. Extremely cold temperatures often accompany a winter storm, so you may have to cope with power failures and icy roads. Although staying indoors as much as possible can help reduce the risk of car crashes and falls on the ice, you may also face indoor hazards, such as communication, heating and food complications. The U.S. Centers for Disease Control and Prevention (CDC) reminds everyone to be safe throughout the rest of this winter season, and to check the following supply lists to prepare in advance of particularly nasty winter weather:
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Setting up a blog is an easy way to establish a presence on the Internet and host public discussions. While organizations or businesses might start blogs to interact with customers or provide a public service, many personal blogs hosted by teens are simply exercises in public journaling. Unfortunately, these personal blogs can attract an unwanted -- or even dangerous -- audience. One Internet safety organization, ConnectSafely.Org, offers the following general tips for teens to promote safe blogging and to help guard against Internet predators:
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Social networking sites such as MySpace, which offer unlimited opportunities for self-expression and self-promotion are particularly attractive to teenagers. Recently, public attention surrounding these sites has focused on the dangers of sexual solicitation or harassment of adolescents. Until recently, little verifiable data has existed to determine the scope of youth solicitation and harassment on-line. New research published in the journal Pediatrics demonstrates that while the incidence of solicitation and harassment is actually lower than has been suggested in the popular media, certain threats do exist, and greater safety risks actually may lie elsewhere on the net.
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February 3rd - 9th is National Burn Awareness Week -- a period of time designated to raise public awareness of burn injuries and how to prevent them. This year's primary theme is gasoline burn prevention. The Manassas Journal Messenger recently published an extensive compilation of gasoline safety tips to help prevent burn injuries and other burn-related accidents.
In Virginia alone, more than 1,500 burn-related hospitalizations occurred between 2001 and 2005. Worse, the hospitalization rate for children younger than age 4 was 5 times higher than the rate for all other ages combined. Regan Zambri & Long encourages readers to familiarize themselves with theses safety tips and share them with others to help prevent personal injuries related to gasoline:
Foreign-born children living in the U.S. are 5 times more likely to have elevated blood levels of lead than U.S.-born children living in New York city, according to new research published in a recent issue of the American Journal of Public Health.
Keeping your family safe and getting your life back to normal following a natural disaster depends on advance planning and time and energy devoted to preparation. The American Academy of Pediatrics (AAP) has developed The Injury Prevention Program (TIPP) -- four comprehensive steps to prepare your family for disasters, prevent personal injuries and promote safety readiness. Taking time as a family to prepare for the unexpected not only helps to ensure everyone's safety, but models responsibility. Use the following tips in your own preparation, courtesy of the AAP:
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Among kids and teens today, a cell phone is a virtual a social necessity. While the devices can facilitate easier communication with parents or family members and offer protection in some emergencies, they can also invite danger. The National Center for Missing & Exploited Children warns that wireless devices can link children with criminals if used inappropriately, or without adequate adult supervision. To help prevent child expolitation, the organization offers the following cell phone and wireless device safety tips for parents and teens:
Most people understand that extended exposure to the sun's rays can be damaging to the skin and eyes, and that safety precautions are in order during summer months. Unfortunately, many people fail to realize that the sun can be equally dangerous in the winter months, particularly when the ground is covered with a reflective layer of bright snow or ice. This winter, whether you're heading south in search of warmer weather, or just spending time outdoors in the cold, keep the following sun safety tips in mind, courtesy of the U.S. Food and Drug Administration (FDA):
Here in the metro area, an abundance of restaurants is the perfect solution to those meal times when you just don't feel like cooking. Particularly this time of year, however, when temperatures are cold, and you just don't feel like bundling up your family and facing the winter weather, placing a delivery or take-out order is likely to be an attractive option. According to the U.S. Department of Agriculture (USDA), take-out and delivery orders, while convenient, pose some special food safety concerns. Before you place that next meal order for carry-out or delivery, take a minute to review the following safety tips relating to transported food:
There are many instances where a small, portable heater can be useful in a home or garage during the winter season. Portable heaters are available in many models, including those that burn propane, kerosene or other fuels. Many homeowners opt for electric models which don't produce noxious fumes or produce an open flame, because they appear safer. According to the U.S. Consumer Product Safety Commission (CPSC), however, many homeowners exhibit a false sense of security related to electric space heaters -- appliances which can, in fact, be very dangerous when used improperly.
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Chronic medical conditions require a variety of routine medications. Unfortunately, many of those medications are known to cause drowsiness, sap energy and slow reaction times in drivers. In most areas of the U.S., it's necessary to drive to remain independent -- to get to the grocery store, the doctor, to visit friends, and even to get to work. Because our ability to drive safely can be affected by prescription medications and our health, in general, the National Highway Traffic Safety Administration (NHTSA) offers the following facts and tips regarding safe driving for individuals who take multiple medications:
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If you're working outside this winter or participating in outdoor recreational activities, you already know how uncomfortable the cold weather can become in the metro area. Too many people don't realize the safety challenges winter weather presents, however -- challenges such as the prevention of hypothermia. Hypothermia is different than frostbite, and it can quickly become a deadly medical condition, even in comparatively warm temperatures. Worse, you may never realize you're affected. Before you spend prolonged periods of time outdoors this season, take time to familiarize yourself with the following hypothermia safety facts, courtesy of the Mayo Clinic:
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Walking is a great way to exercise and experience the beauty of the winter season first-hand. On particularly snowy days, it may even be the only reliable mode of transportation! Walking over snow and ice can easily lead to injuries, however. Before you bundle up and trudge your way to work or school, take time to review these winter walking safety tips, courtesy of the National Highway Traffic Safety Administration (NHTSA):
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When it comes to skiing and snowboarding injuries, prevention is often much more pleasant than the cure. Before you or your loved ones hit the slopes this season, take time to familiarize yourself with things you can do to reduce your odds of injury while snowboarding or skiing. The National Ski Patrol offers the following tips for skiers and snowboarders of all ages:
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This winter, whether you're clearing snow or ice from roofs or gutters, removing broken tree limbs or even taking down exterior holiday lights, be cautious with your ladder. The U.S. Consumer Product Safety Commission (CPSC) warns that each year in the United States, approximately 164,000 emergency room visits are attributed to ladder-related injuries.
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According to an estimate by the Consumer Product Safety Commission (CPSC), there are 20,000,000 unsafe cribs/play yards either in use or in storage. It's important that parents and other care givers check for safety before putting a baby into a portable crib or play yard.
The following crib and play yard safety checklist from the CPSC is labeled as a hotel and motel safety checklist. However, checking for these safety hazards is common sense advice that should be applied to any crib or play yard that is expected to be used.
Note: If any item receives a "yes" response, the crib should be removed from service until it is repaired or replaced.
For additional safety information on cribs and other children's products, visit CPSC's web site (www.cpsc.gov) or call its toll-free hotline (800/638-2772)."
Radon poisoning kills 100 times as many people each year as carbon monoxide poisoning, according to the U.S. Environmental Protection Agency (EPA). Furthermore, the agency warns that:
"Breathing home indoor radon causes nearly one hundred times more deaths each year than carbon monoxide poisoning.
Radon is the second leading cause of lung cancer behind smoking.
Some 20,000 people will die this year due to breathing too much radon without even knowing it."
Recent articles in the Washington Post highlight the prevalence of carbon monoxide poisoning, the leading cause of accidental poisoning in America:
"Eight people who were overcome by carbon monoxide Wednesday night were in stable condition yesterday, and all are expected to survive, authorities said. The carbon monoxide came from a leak, probably in a faulty furnace, . . . ."
Accidental CO Poisoning Kills More Than 400 Americans a Year
"A new report underscores the importance of taking precautions to protect you and your loved ones from carbon monoxide (CO) poisoning, especially when using heating appliances during the winter.
From 1999 to 2004, accidental carbon monoxide (CO) poisoning killed an average of 439 people a year in the United States, says a study in the latestMorbidity and Mortality Weekly Report, published by the U.S. Centers for Disease Control and Prevention.
CO is a colorless, odorless, tasteless toxic gas produced by devices such as natural gas-powered furnaces and portable generators. Many people overlook or aren't aware of symptoms of CO poisoning, including headache, nausea, dizziness and confusion.
From 1999 to 2004, there were a total of 2,631 unintentional, non-fire-related CO deaths in the nation, for an annual average age-adjusted death rate of 1.5 deaths per one million people. Those most likely to die this way included adults over age 65 (628), men (1,958), non-Hispanic whites (1,941), and non-Hispanic blacks (305).
Most of the deaths occurred in January and, among states, Nebraska had the highest CO-related death rate.
The report also noted that unintentional CO exposure causes about 15,000 emergency department visits a year in the U.S.
The authors called for increased public education, especially during the winter heating season, to help prevent deaths from CO poisoning. They also recommended establishment of a national surveillance system to monitor CO-related health outcomes. This information could help target public prevention efforts and reduce CO-related injury and death."
Alpine snowboarding and skiing are popular winter activities across the U.S., but a recent study published in the peer-reviewed journal Injury Prevention suggests that the incidence of Traumatic Brain Injury and Spinal Cord Injury associated with these sports has steadily increased in every country that reports injury data.
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Kitchen sponges are cheap and convenient items for cleaning countertop messes and absorbing spilled liquids quickly. Unfortunately, they also harbor foodborne pathogens, yeasts and molds, and could put you and your family at risk if not properly disinfected on a regular basis. Scientists at the Agricultural Research Service (ARS), a division of the U.S. Department of Agriculture (USDA), recently published some study results and disinfection tips concerning kitchen sponge disinfection.
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Changes to popular skiing areas over the past decade, from open slopes to more wooded areas, mean that more snowboarders and skiers are moving slowly enough to benefit from the added protection a helmet can provide. The finding is one result of research recently published in the peer-reviewed, quarterly medical journal, Wilderness and Environmental Medicine.
Historically, approximately five children are killed each year as a result of tip-over accidents involving televisions or large furniture and appliances in the home, according to the U.S. Consumer Product Safety Commission (CPSC). In most recent years, the incidence of these events has been significanlty higher than normal -- since 2000, 100 such fatalities have been reported. If you or someone in your family acquired a new television or large household item this holiday season, or if you simply have large furniture items that you've never stabilized or secured, please take time to familiarize yourself with the following safety tips regarding potentially dangerous household items:
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Nearly 600 finger amputations per year are attributable to snow-thrower machines, according to the U.S. Consumer Product Safety Commission (CPSC). Another 5,740 people per year, on average, wind up in the emergency room for other types of thrower-related injuries. Since 1992, at least 19 consumers have been killed by the machines.
According to the U.S. Consumer Product Safety Commission (CPSC), approximately 2.5 million children are killed or injured as a result of basic home safety hazards. Most of those deaths and injuries are entirely preventable, and in fact, many of them can be prevented relatively easily, by purchasing and properly utilizing the following 12 commercially-available home safety and child-proofing devices:
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The holiday season is a time of travel and a time when many households accommodate out-of-town visitors. As available beds become more scarce, many homeowners employ inflatable mattresses to accommodate additional guests. Those inflatable mattresses are too soft for sleeping infants, however, and the U.S. Consumer Product Safety Commission is warning that the mattresses are safe only for adults and older children.
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Winter weather often brings snow, sleet and ice, and consequently, power outages. Although portable generators can offer life-saving benefits during power outages, they can also be dangerous. According to the National Safety Council (NSC), the best way to avoid accidents and injuries related to portable generators is to become familiar with their proper operating procedures. The agency recommends the following tips for staying safe around portable electric generators:
Winter can be a healthy and enjoyable season for kids and adults, alike. It can also be a dangerous season. According to experts at Children's Hospital Boston:
"In 2004, nearly 12,000 children ages 5 to 14 were treated in hospital emergency rooms for sledding-related injuries.
In 2004, nearly 1,500 children ages 14 and under were treated for snowmobile-related injuries.
In 2004, nearly 11,000 children ages 5 to 14 were treated in hospital emergency rooms for snow skiing-related injuries and nearly 21,000 for snowboarding-related injuries."
To help avoid injuries this winter, and to safeguard children's health and safety, Children's Hospital Boston offers the following basic winter safety tips:
Winter weather brings a higher incidence of home fires every year, many attributable to heating equipment. Many winter fires are also caused by holiday cooking, decorating and entertaining, however. This holiday season, protect your home and family by familiarizing yourself with the following winter home fire facts and safety tips, courtesy of the National Fire Protection Association:
An estimated 15,600 home fires were ingnited by candles in 2005, according to the National Fire Protection Association (NFPA). Worse, those candle fires claimed the lives of 150 people, and injured another 1,270. If you plan to decorate with candles this holiday season, do yourself a favor and take time to familiarize yourself with the following candle fire data and safety tips, courtesy of the NFPA:
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The winter holiday season is a time of celebration and relaxation, but according to the Nemours Foundation, additional cooking and home decorating also help to make it a season of increased personal injuries. This year, take time to familiarize yourself with some of the following common holiday dangers, and enjoy a happier, healthier new year:
Even the most delicious holiday foods can become dangerous if mishandled. This season, if you're transporting homemade foods to a family gathering, or planning to prepare food in someone else's kitchen, follow these tips from the U.S. Department of Agriculture (U.S.D.A) to help ensure that your gathering isn't spoiled by foodborne illness:
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Turducken -- a layered poultry dish made popular in Louisiana and often served during the holidays -- is a deboned stuffed chicken inside a deboned stuffed duck inside a deboned stuffed turkey. Though the finished product closely resembles a whole turkey, it poses more health threats than typical poultry dishes. Safe steps in handling, cooking and storage are important to prevent foodborne illness when preparing a turducken. If you plan to include one in your holiday festivities, take steps to protect your health, and familiarize yourself with the following safety tips, courtesy of the U.S. Department of Agriculture (USDA):
Cookie dough, homemade eggnog, and stuffing are popular holiday food items, each of which could potentially contain undercooked eggs. Those eggs sometimes host bacteria known as salmonella enteriditis (SE) -- bacteria that can cause serious illness in consumers if eggs are handled or cooked improperly. According to the U.S. Food and Drug Administration (FDA), only 3% of Americans utilize a food thermometer when cooking baked egg dishes such as stuffing. This holiday season, don't put yourself (or your family members or guests) in danger of Salmonella poisoning. Keeping these holiday cooking tips in mind can safeguard the health of all your dining guests:
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According to the U.S. Consumer Product Safety Commission (CPSC), General Electric is recalling approximately 92,000 microwave ovens. The CPSC notice is reproduced below in its entirety.
NEWS from CPSC U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
December 5, 2007
Release #08-110
GE’s Recall Hotline: (888) 240-2745 Sear's Recall Hotline: (888) 679-0282
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
General Electric Media Contact: (888) 240-2749
General Electric Recalls Microwave Combo Wall Ovens Due to Fire 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: Built-in Combination Wall and Microwave Ovens
Units: About 92,000
Manufacturer: GE Consumer & Industrial, of Louisville, Ky.
Hazard: The door switch in the microwave oven can overheat and ignite plastic components in the control area, posing a fire hazard to consumers. The lower thermal oven does not pose a hazard.
Incidents/Injuries: GE is aware of 35 incidents of minor property damage and one incident in which a fire damaged adjacent kitchen cabinets. No injuries have been reported.
Description: The recall includes GE combination microwave and conventional built-in wall ovens sold under the following brand names: GE, GE Profile® and Kenmore. The ovens were sold in white, black, bisque and stainless steel. The brand name is printed on the lower left corner on the front of the microwave door. The following model and serial numbers can be found inside the microwave oven on the left interior wall.
Sold at: Department and appliance stores from January 2000 to December 2003 for between $1,500 and $2,000.
Manufactured in: United States
Remedy: Consumers should stop using the microwave oven immediately. Consumers should contact GE regarding their GE/GE Profile micro-oven combo or Sears for their Kenmore unit. GE is offering a free repair or rebate on a new product, a $300 rebate toward the purchase of a new GE brand unit, or a $600 rebate toward the purchase of a new GE Profile brand unit. Sears is offering a free repair or $300 rebate toward the purchase of a new Kenmore brand unit. Consumers can continue using the lower thermal oven.
Consumer Contact: For additional information on GE /Profile units, contact General Electric toll-free at (888)-240-2745 from 8 a.m. to 8 p.m. ET Monday through Friday, and 9 a.m. to 3 p.m. ET Saturday, or visit GE’s Web site at www.geappliances.com. For additional information on Kenmore units, contact Sears toll-free at (888) 679-0282 from 8 a.m. to 10 p.m. ET Monday through Saturday, or visit Sears’ Web site at www.sears.com
It's the season of gift giving, and according to the U.S. Consumer Products Safety Commission (CPSC), one important key to an enjoyable holiday is to be mindful of the "ABCs" of toy safety: Awareness Benefits Consumers.
Decorating for the holidays is one of the most common, most effective ways to express the festive mood of the season. Many holiday decorations pose safety threats when not used properly, however. This holiday season, take steps to ensure that your decorating traditions don't put you or your loved ones at risk. The U.S. Consumer Products Safety Commission (CPSC) offers the following holiday decorating safety tips:
According to the U.S. Department of Agriculture's Food Safety and Inspections Services, American Foods Group has voluntarily recalled almost 96,000 pounds of ground beef products. The products involved include coarse and fine-ground beef chuck, sirloin and chop beef. They were produced on October 10, 2007, and distributed throughout Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin and Virginia.
Consumers are advised to contact their retailer to ask if they received any of the suspect products and discard or return the beef, if it may be contaminated. Consumers with questions about the recall should contact American Foods Group Executive Assistant Sally Vanderhei at (800) 829-2838.
E. coli O157:H7 is a potentially deadly bacterium which causes bloody diarrhea and dehydration. Children and elderly people are more susceptible to further complications. According to the Centers for Disease Control and Prevention, E. coli is a leading cause of foodborne illness, with an estimate of 73,000.00 cases of infection each year. Some preventive measures include thoroughly cooking ground beef, avoiding unpasteurized milk and thoroughly washing hands before preparing or eating food. Fruits and vegetables should be thoroughly washed prior to consumption, especially if they will be eaten without being cooked first.
Playgrounds, swing sets and jungle gyms provide children opportunities for fresh air, exercise, and fun, but they also pose some unique dangers. KidsHealth.Org, a children's safety website sponsored by the Nemours Foundation, provides advice and facts regarding children and recreational safety. The organization offers the following tips for children specific to playground safety:
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Thanksgiving is a time for sharing food, but unfortunately, it can also be a time of sharing foodborne illnesses. To ensure safer food-filled family gatherings, the U.S. Department of Agriculture (USDA) maintains a year-round Meat and Poultry Hotline, which remains open on Thanksgiving Day, from 8:00 a.m. to 2:00 p.m., Eastern Standard Time. By dialing 1-800-MPHOTLINE, cooks and consumers can access accurate information regarding safe food storage, handling, preparation, content, and much more.
Today is the American Cancer Society'sGreat American Smokeout. On the third Thursday of each November, this year on November 15, 2007, the American Cancer Society encourages smokers to either smoke less or quit entirely with the support of the national campaign.
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The U.S. Consumer Product Safety Commission (CPSC) and Nike have announced a voluntary recall of football helmets because of a safety hazard with the chin strap. Consumers should immediately stop using the helmets and contact Nike for a product voucher. The CPSC announcement is reproduced in its entirety below:
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 13, 2007
Release #08-081
Nike Recalls Football Helmet Chin Straps Which Can Break and Pose Risk of Serious Injury
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: Football Helmet Chin Straps
Units: About 235,000
Manufacturer: Nike Inc., of Beaverton, Ore.
Hazard: The chin strap’s plastic cup can break as a result of contact, exposing the player to facial or head injuries.
Incidents/Injuries: Nike has received 18 reports of the chin strap breaking, including two reports of concussions, two reports of facial lacerations requiring stitches, and a report of a broken nose.
Description: The recalled football helmet chin strap consists of a plastic cup with a foam liner, straps and four metal snaps. They were sold in both youth and adult sizes and come in black/gray and white/gray color combinations. The Nike Swoosh trademark is printed on the outside of the chin cup and DRI-FIT™ is printed on the foam liner. “Made in China” and one of the following four style numbers is printed on the inside of the strap: FA0016 046, FA0016 130, FA0021 046, or FA0021 130.
Sold at: Sporting good stores nationwide and on the firm’s Web site www.Nike.com from April 2006 through October 2007 for about $20.
Manufactured in: China
Remedy: Consumers should stop using the chin strap immediately and contact Nike for a product voucher redeemable at www.nikestore.com
Consumer Contact: For additional information, contact Nike toll-free at (888) 583-6453 between 7 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.nikebiz.com
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Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $700 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
Home cooking fires occur in record numbers on Thanksgiving Day, according to the National Fire Protection Association (NFPA). In 2005, Thanksgiving meal preparation caused 1,300 kitchen fires -- three times more than the usual daily average. Annually, cooking fires cause more than half a billion dollars in damage to U.S. homes.
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The Consumer Product Safety Commission (CPSC) has announced another toy recall, Curious George Plush Dolls manufactured by Marvel Toys. The surface paint of the toy's face and hat contain excessive levels of lead in violation of the federal lead paint standards. Consumers are advised to stop using the recalled products immediately.
The CPSC notice is reproduced in its entirety below:
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 8, 2007
Release #08-079
Curious George Plush Dolls Recalled By Marvel Toys Due to Risk of Lead Exposure
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: Curious George Plush Dolls
Units: About 175,000
Manufacturer: Marvel Toys, of New York, N.Y.
Hazard: Surface paint on the toy’s plastic face and construction hat contain excessive levels of lead, which violates the federal lead paint standard.
Incidents/Injuries: None reported.
Description: This recall involves Curious George 12-inch plush dolls with a plastic face. The dolls are dressed to represent five various themes: birthday, fireman, sweet dreams, tool time and tool time with a soft face. The plush dolls were sold with a Curious George storybook or activity book. The following product and SKU numbers are printed on the packaging.
Birthday
90253/ 8-83199-90253-5
Fireman
90246/ 8-83199-90246-7
Sweet Dreams
90247/ 8-83199-90247-4
Tool Time
90251/ 8-83199-90251-1
Tool Time (soft face)
90251/ 8-83199-90251-1
Sold at: Toy and discount department stores nationwide from December 2005 through August 2007 for about $15.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toys away from children and contact Marvel Toys to receive a full refund.
Consumer Contact: For additional information, contact Marvel Toys at (800) 352-2064 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s Web site at www.regcen.com/curiousgeorge
The U.S Consumer Product Safety Commission (CPSC) has announced a recall of Bassettbaby Cribs. The danger is that the bolts that connect the top corners of the cribs can come loose and create a dangerous gap. A serious entrapment and strangulation hazard may result. Consumers should stop using the cribs immediately and contact Bassettbaby for a free repair kit.
The complete CPSC notice appears below:
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 8, 2007
Release #08-075
Cribs Sold By Bassettbaby Recalled Due to Entrapment and Strangulation Hazard: Sold Exclusively at Babies R Us
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: Wendy Bellissimo Collection Convertible Cribs
Units: About 8,900
Importer: Bassettbaby, of Bassett, Va.
Manufacturer: Goodbaby Child Products Company Ltd., of China
Hazard: The bolts connecting the top corners of the crib can come loose, creating a gap and posing a serious entrapment and strangulation hazard.
Incidents/Injuries: Bassettbaby has 85 reports of bolts loosening, including one report of a 13 month-old child’s hand becoming entrapped between the railings.
Description: This recall involves Wendy Bellissimo Collection convertible cribs, model numbers 5945-0521 and 5545-0521, sold in honey and cherry finishes. The full size cribs have a sleigh design and one of the following purchase order numbers at the bottom rail of the headboard: 272903, 272904, 273904, 276728, 276729, 291081, 323975, 324472, 320318, 323976, 332883 365620, 368466 in honey, and 338535, 338537 and 332884 in cherry. All other Wendy Bellissimo Collection cribs are not involved in this recall.
Sold at: Babies R Us stores nationwide from July 2005 through October 2007 for about $500.
Manufactured in: China
Remedy: Consumers should stop using these cribs immediately and contact Bassettbaby for a free repair kit.
Consumer Contact: For additional information, contact Bassettbaby at (888) 897-4689 between 9 a.m. and 10 p.m. ET daily, or visit the firm’s Web site at www.bassettbaby.com
According to a report published in the Washington Post, children who swallow the beads are exposed to a dangerous chemical similar to the powerful "date rape" drug that causes possible unconsciousness, seizures, drowsiness, coma and death.
The entire CPSC bulletin follows:
NEWS from CPSC U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 7, 2007
Release #08-074
Spin Master Recalls Aqua Dots – Children Became Unconscious After Swallowing Beads
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: Aqua Dots
Units: About 4.2 million
Distributor: Spin Master, of Toronto, Canada
Hazard: The coating on the beads that causes the beads to stick to each other when water is added contains a chemical that can turn toxic when many are ingested. Children who swallow the beads can become comatose, develop respiratory depression, or have seizures.
Incidents/Injuries: CPSC has received two reports over the past several days of children swallowing Aqua Dots. A 20-month-old child swallowed several dozen beads. He became dizzy and vomited several times before slipping into a comatose state for a period of time, was hospitalized, and has since fully recovered. A second child also vomited and slipped into a comatose state and was hospitalized for five days.
Description: The recalled toy is a craft kit which allows children to create various multi-dimensional designs using small colored beads. The beads fuse together when sprayed with water. The recall applies to all models of Aqua Dots. The product is available in various different kits with accessories such as a drying fan, applicator pen, design templates for the beads, and spray bottle. The product is labeled for ages 4+.
Sold at: Mass merchandisers nationwide from April 2007 through November 2007 for between $17 and $30.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toy away from children and contact Spin Master to return for free replacement beads or a toy of equal value.
Consumer Contact: For additional information, contact Spin Master at (800) 622-8339 between 9 a.m. and 6 p.m. ET Monday through Friday, or visit the firm’s Web site at www.aquadotsrecall.com
Regan Zambri & Long urges all of their readers to practice fire safety guidelines in their homes. One of the most important is to keep smoke detectors in good working order. Common sense guidelines are listed in the following release by Energizer and the International Association of Fire Chiefs, which is quoted in its entirety.
"Use Daylight Saving Time to Keep Your Loved Ones Safe Remember to Change Your Batteries on November 4
ST. LOUIS, MO--(Marketwire - October 23, 2007) - Twenty years ago, the people from Energizer® Batteries and the nation's firefighters came up with an idea that likely has saved thousands of homes and perhaps as many lives.
The idea connected two unrelated activities -- changing clocks for Daylight Saving Time and changing the batteries in smoke alarms and carbon monoxide detectors. Residents could change their batteries on these important safety alarms almost anytime, but in fact, many didn't. It's a sad fact that approximately 80 percent of fire deaths result from fires in homes without working smoke alarms. Since hardly anyone neglects to change their clocks, Energizer and the International Association of Fire Chiefs (IAFC) decided to urge Americans through the Change Your Clock Change Your Battery® program to use the "extra hour" to change their smoke alarm and carbon monoxide detector batteries.
This year, the day to set your clocks back and change batteries in your smoke detectors is November 4.
The program started in 1987 with just two fire departments in St. Louis and Atlanta. Now as the Change Your Clock Change Your Battery program celebrates its 20th anniversary, more than 5,900 fire departments across the country are participating in the program. And as a result, many Americans have adopted the habit of changing their batteries at the same time they change their clocks.
"We have no way of knowing exactly how many lives and homes have been saved as a result," said Chief Steven P. Westermann, president of the IAFC. "What we do know is that each year more Americans are replacing their batteries before they wear out and that helps make each alarm safer."
Having a working smoke alarm can cut the odds of dying in a home fire nearly in half by adopting this simple habit. Most American homes -- 96 percent in fact -- have smoke alarms; however, more than a quarter of those homes have at least one nonworking smoke alarm, mostly due to worn out or missing batteries. The IAFC estimates more than 25 million homes are at risk.
Five common reasons home smoke alarms do not function properly are:
-- Batteries are not replaced in a timely fashion. -- Batteries are removed due to unwanted activation from situations such as cooking fumes. -- Batteries are removed due to a "chirping sound," which actually indicates the battery needs to be replaced! -- Alarms and detectors are not cleaned regularly. -- Alarm is aged and possibly contains outdated parts or technology.
Each of these reasons is easily remedied by either simply replacing the battery or the device.
"Many people mistakenly believe they will either see the flames or smell the smoke when a fire breaks out," Chief Westermann said. "But most fire fatalities happen while families are asleep. Smoke by itself doesn't provide a wake-up call, but a working smoke alarm surely does."
Westermann also noted that November usually brings the onset of severe weather, a time when power outages are more frequent. He urged residents to avoid using candles, which are often the cause of home fires and to instead use flashlights. Daylight Saving Time is a good time to check batteries in flashlights as well.
The IAFC (www.iafc.org) is a non-profit association representing nearly 13,000 chief fire officers and emergency services leaders worldwide. Its members are the world's leading experts in firefighting, emergency medical services, terrorism response, hazardous materials spills, natural disasters, search and rescue, and public safety legislation.
Energizer Holdings, Inc. (NYSE: ENR), www.energizer.com, headquartered in St. Louis, Missouri, is one of the world's largest manufacturers of primary batteries, battery-powered devices and flashlights. Energizer, a global leader in the dynamic business of providing portable power geared toward the new digital revolution, offers a full portfolio of products including, the Energizer® MAX® premium alkaline brand; Energizer® e2® Lithium® and Energizer® e2® Titanium Technology® performance brands; Nickel Metal Hydride (NiMH) Rechargeable batteries and chargers; and Miniatures brand batteries. Energizer also offers portable battery-driven power packs for cell phones, portable games and audio devices. Energizer has been promoting fire safety through its Change Your Clock Change Your Battery® program since 1987."
We've written at length on the DC Metro Area Personal Injury Law Blog about helmet safety and the importance of bicycle helmets -- your best protection from head injury in the event of an accident. Headlights and taillights help prevent dangerous accidents, however, by making your bicycle more visible, and illuminating obstacles in your path. Thanks to the Washington Area Bicyclists Association (WABA) and the District Department of Transportation (DDOT), you can outfit your bicycle with headlights and taillights free of charge this November 2nd and November 9th.
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Falls are the leading cause of personal injury to U.S. senior citizens, and most of those falls occur in the home. Anyone can accidentally fall in a home, however, and the costs associated with the treatment of those fall injuries exceeds $20 billion per year. The American Academy of Orthopaedic Surgeons (AAOS) offers the following guidelines for safeguarding the health of your family and friends by acting to prevent falls in your home:
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Improper use of portable space heaters accounts for approximately 25,000 household fires each year, according to the U.S. Consumer Product Safety Commission (CPSC). As temperatures begin to decline this season, and the price of heating fuel rises, more Americans will inevitably be tempted to use space heaters in their homes. Space heaters are widely available in wood, kerosene, gas, and electric models. Regardless of the model, however, CPSC offers the following fire prevention suggestions:
Each year, we post new Halloween health and safety tips here on the DC Metro Area Personal Injury Law Blog, but the basic dangers related to Halloween festivities tend to remain the same. Following are some good, common sense tips for a safe celebration, courtesy of the American Red Cross:
Serious Head Injuries Prompt Recall of Bumbo Baby Sitter Seats - New Warnings and Instructionsto Be Provided To Consumers
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: Bumbo “Baby Sitter” Seats
Units: About 1 million
Manufacturer: Bumbo International, of South Africa
Hazard: If the seat is placed on a table, countertop, chair, or other elevated surface, young children can arch their backs, flip out of the Bumbo seat, and fall onto the floor, posing a risk of serious head injuries.
Incidents/Injuries: CPSC has received 28 reports of young children falling out of the Bumbo Baby Sitter seat, including three skull fractures, which occurred when children fell out of chairs that had been placed on tables.
Description: The bottom of the children’s seat is round and flat with a diameter of about 15 inches. It is constructed of a single piece of molded foam and comes in yellow, blue, purple, pink, aqua, and lime green. The seat has leg holes and seat back that wraps completely around the child. On the front of the seat in raised lettering is the word “Bumbo” with the image of an elephant on top. The bottom of the seat has the following words: “Manufactured by Bumbo South Africa Material: Polyurethane World Patent No. PCT: ZA/1999/00030.” The back of the seat contains the following “WARNING” – “Never use on a raised surface. Never use as a car seat or bath seat. Designed for floor level use only. Never leave your baby unattended as the seat is not designed to be totally restrictive and may not prevent release of your baby in the event of vigorous movement.”
Sold by: Target, Wal-Mart, Sears, Toys R Us, Babies R Us, USA Babies and various other toy and children’s stores nationwide, and various online sellers, from August 2003 through October 2007 for about $40.
Manufactured in: South Africa
Remedy: Consumers should never use the infant seat on a table, countertop, chair, or other elevated surface. Consumers can contact Bumbo to obtain new warning label stickers and instructions, free of charge. The new warning label will state: “WARNING – Prevent Falls; Never use on any elevated surface.” Consumers should use the Bumbo seat at ground level, but should never leave a child unattended.
Consumer Contact: Contact Bumbo International at (877) 932-8626 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at www.bumbosafety.com
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $700 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
Payless ShoeSource is recalling 90,000 girls' Hannah Montana boots, because the guitar-shaped zipper pulls of the right and left boots can snag together while walking and cause the wearer to fall. According to the U.S. Consumer Product Safety Commission (CPSC), the boots were sold in girls' sizes 10.5 - 4.5, and were available from August 2007 through September 2007 for approximately $27.
Commercially-available lead test kits used by consumers to detect unsafe levels of lead in their homes are not reliably accurate, according to the U.S. Consumer Product Safety Commission (CPSC). The agency recently issued a news bulletin regarding the kits after randomly testing several different models. False positive test results and false negative test results were both obtained, though false negatives were more common. Out of 104 tests, 56 tests provided false negative results and 2 provided false positives. According to CPSC, the results are consistent with previous determinations that home-based lead testing kits are unreliable.
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The price of an automobile doesn't always correlate to its safety rating, according to a recent news release from the Insurance Institute for Highway Safety (IIHS). The organization issues ratings of "Good," "Acceptable," "Marginal," and "Poor" following crash tests in which a weighted frame approximating a large SUV or truck strikes the parked vehicle on the driver's side at a speed of 31 miles per hour. Side impacts are the second most fatal type of crash -- frontal collisions are generally the most deadly.
The U.S. Consumer Product Safety Commission has announced a voluntary Toshiba recall of certain AC adapters included as accessories with some Toshiba DVD players. The adapters are being recalled over concerns related to overheating and burn hazards. Consumers should stop using these adapters immediately. The following product information pertains to units affected by the recall:
Bunk beds are a common feature of many children's rooms, especially in homes where floor space carries a premium. Each year, however, thousands of children sustain injuries related to bunk beds -- and not always predictable injuries.
Home Safety Council (HSC) has announced a partnership with HotStop scald-prevention devices to prevent home-based scalding injuries. Approximately 3,800 injuries and 34 deaths each year are attributable to scalding -- most involve the very young or the elderly. The HSC / HotStop partnership is preparing to kick off a public awareness campaign this fall which will continue into next year and educate consumers of the dangers of scalding injuries and ways to prevent them.
October is Fire Safety Month, and while much can be said of fire prevention, early detection of fire is critical to keeping it contained and preventing personal injuries. The Home Safety Council reports that while 97% of American homes contain a smoke detector, one is seldom enough -- particularly if it's installed improperly. The organization reminds consumers of the following concerning home smoke detectors:
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On September 21, 2007, the Consumer Product Safety Commission (CPSC) announced the recall of 1 million Simplicity cribs due to safety concerns. The cribs were made in China and sold in various department stores in the United States. This is not the first recall of Simplicity Cribs. The CPSC links the Simplicity Cribs to two infant deaths and another child's death is under investigation. The company and agency also report 7 cases of infants becoming trapped and 55 other cases of drop-rail complaints.
Families are asking why it took so long for Simplicity and the CPSC to act? The Chicago Tribune reported that President of Simplicity, Inc., Ken Waldman, contended that his company makes safe products and was cooperating with the CPSC. Mr. Waldman did not say why the recall did not occur earlier. "This is the thing to do and that's why we decided to do it now," he said.
Another very disturbing development is that parents report calling for the repair kits and being told that the kits are not available or kits have been received with no written instructions.
Recently, an Anne Arundel County, Maryland jury awarded the parents of a five-year-old boy a verdict in excess of $4 million dollars in damages related to their son's drowning in 2006 wherein he was found floating on the surface of Crofton Country Club's outdoor pool, as reported by The Baltimore Sun.
Trampolines are popular recreational devices. Trampolining is even an official Olympic event. Used improperly, however, trampolines can contribute to serious personal injuries. Having a trampoline on your property can carry important premises liability connotations. According to the U.S. Consumer Product Safety Commission (CPSC) 91,870 people received treatment for trampoline injuries in U.S. emergency rooms in the year 2001, alone. Ninety-three percent of those visits involved children under 15 years of age. Following were the most common trampoline-related injuries:
"Colliding with another person on the trampoline.
Landing improperly while jumping or doing stunts on the trampoline.
Awareness of potential home and neighborhood hazards is an important part of personal injury prevention, and apartments and condominiums pose their own unique hazards. If you're in the market for an apartment or condominium this fall, the National Crime Prevention Council (NCPC) offers these tips for assessing the safety of a potential unit in a rental complex:
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An influx of new students and the expiration of many residential leases makes fall a good time to highlight the rights of tenants and the obligations of landlords in preventing personal injuries in rental properties. In D.C., the Department of Consumer and Regulatory Affairs (DCRA) helps to protect the interests of tenants -- both residential and business -- through the enforcement of safety codes, and by conducting inspections and regulating land use and development. The DCRA may conduct on-site inspections of a property if concerns are raised relating to the following circumstances:
Many major do-it-yourself home improvements or repairs can be unsafe, and in the District of Columbia they're often illegal, as well. Construction performed without required building permits is a public danger that can harm innocent people, not to mention property values and your ability to sell your home. The D.C. Department of Consumer and Regulatory Affairs (DCRA) is responsible for issuing licenses and permits, conducting inspections, and enforcing rules related to buildings and housing. According to the DCRA, proper permits are required to perform any of the following work within the district:
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Many families who own guns admit they don't store them safely according to a recent study published in the medical journal Pediatrics. The study involved more than 3.700 parents with children between 2 and 11 years of age, interviewed in the offices of pediatricians in 45 states and Puerto Rico. About half of all families with guns reported that they were not kept locked and roughly 20% failed to store firearms and ammunition in separate locations.
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Clothes dryers contribute to approximately 15,600 house fires, 400 injuries and 15 deaths each year, according to the U.S. Fire Administration (USFA), a division of the U.S. Department of Homeland Security (DHS). Failure to clean lint from those dryers is a leading cause of fires. Improper installation and maintenance are also common contributing factors. Clothes dryers force hot air through a revolving drum to dry clothes. The lint that accumulates during this drying process is mostly caught in a filter trap, but some also accumulates in both the dryer and the dryer vent. This accumulation of debris reduces airflow through the machine, raises temperature levels, and provides a highly flammable source of fuel for a residential fire.
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September is National Preparedness Month -- a collaborative effort of the U.S. Department of Homeland Security (DHS) and the Ad Council to help ensure that Americans across the country are equipped to respond to emergencies in their homes, businesses and schools. Throughout the month of September, the coalition works to help people take simple steps toward emergency preparedness.
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Only seven percent of U.S. households have taken three basic steps the American Red Cross recommends to prepare for a natural disaster, according to an agency news release. The organization advises that those steps can be conveniently summarized as: Get a kit, Make a plan, Be informed. In extended format, the steps are as follows:
"Assemble or buy a disaster kit containing at least three days of supplies in an easy–to–carry container, like a backpack. It’s also important to check that stock every six months and replace expired items.
As part of your family plan, each person should know how to reach family members and where to meet if they can’t go home.
Families should learn about what types of disasters or emergencies are most likely to occur where they live, work and play, and take first aid and CPR courses—a vital component of disaster preparedness."
Roughly 3,800 injuries -- and even 34 deaths -- occur every year due to scalding injuries from tap water that is too hot, according to the U.S. Consumer Product Safety Commission (CPSC). Most of these injuries involve senior citizens, children, and water heater thermostats that are turned up entirely too high. Don't take hot water temperatures for granted. The Home Safety Council offers the following tips to help reduce the risk that anyone suffers a scalding injury in your home:
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Graco Children's Products, Inc. and Britax Child Safety, Inc. have each recently issued safety alerts related to certain models of child safety seats for automobiles.
Affected Graco seats have misrouted lower anchor belts -- a flaw that could prevent the seat from remaining firmly restrained in the event of a collision, and potentially lead to serious injuries. On affected units, the lower anchorage belt was mistakenly routed behind the shoulder portion of the harness rather than under the buckle portion of the harness. These seats are not being recalled, but the manufacturer has issued a safety notice and instructions for re-routing the lower belt.
The Britax seats are being recalled because under certain circumstances, when the harness adjuster strap is pulled from an angle, the bezel may separate from the restraint shell, causing difficulty with the proper adjustment of the harness. This difficulty may lead to improper usage or adjustment, and a loose-fitting belt may ultimately cause injuries in the event of an accident.
Many families will soon hit the road for one last summer trip or vacation, but many will overlook one of the most important safety considerations of all, according to the U.S. National Highway Traffic Safety Administration (NHTSA) -- the condition of their vehicle's tires. Proper tire condition (including proper inflation) can improve your vacation in the following ways:
"Improves vehicle handling
Helps protect you and others from avoidable break-downs and accidents
Late summer is a popular time for recreational boaters, and consequently a time of increased boating injuries, many of which involve alcohol as a contributing factor. Operating, or even riding in a boat while intoxicated poses a number of dangers that may not become evident until it's too late. According to the U.S. Coast Guard (U.S.C.G.), alcohol is particularly dangerous to boaters for these reasons, among others:
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Toshiba America has announced an expanded voluntary recall of defective lithium-ion laptop batteries manufactured by Sony Corporation. The batteries, which pose a fire hazard due to overheating, were not included in the much wider recall of Sony laptop batteries issued in 2006, also due to fire hazards from overheating. Most of the affected batteries accompanied new Toshiba Satellite and Tecra notebook computers with any of the following model numbers: Continue Reading...
Certain 2007 Toyota Tacoma 4x4 Trucks are being recalled by the National Highway Transportation and Safety Administration (NHTSA) and Toyota Motor Corporation due to a drivetrain defect. Approximately 100 trucks are currently subject to the recall, involving rear propeller shafts which were improperly cast and my fail, separating and coming into contact with the road. Under the recall, scheduled to begin on or around August 8, 2007, authorized dealers will replace the rear propeller shaft with a new one free of charge.
Truck owners with questions concerning the recall are instructed to call Toyota at 1(800) 331-4331, or by contacting NHTSA at 1(888) 327-4236, or via their recall website: http://www.safercar.gov.
If you or a family member believes that you have a case involving an automobile accident or defective product, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
Vinyl baby bibs sold at Toys "R" Us stores may contain dangerous levels of lead, according to a recent Washington Post article. The bibs were produced in China for Louisiana-based Hamco Baby Products.
According to the Post article, the Center for Environmental Health in Oakland, California -- a nonprofit environmental advocacy group -- purchased bibs from Toys "R" Us and had their lead levels independently analyzed earlier in the year. When they failed to meet acceptable health and safety standards, the group notified the store and threatened legal action if the bibs weren't removed from shelves.
Toys "R" Us is conducting additional tests on the bibs, and has said the products will be removed if found to contain unacceptable levels of lead. According to the store, the products it sells are regularly analyzed to ensure acceptable lead levels. This additional testing is being conducted in response to the findings of the Center for Environmental Health, and in response to a decision by Wal-Mart to remove lead-tainted bibs from its shelves earlier this year. Wal-Mart removed its lead-tainted bibs after the Center for Environmental Health determined that they were unsafe and threatened legal action.
Parents should pay special attention this fall to safety issues surrounding back-to-school clothing, helmets and art materials, according to the U.S. Consumer Product Safety Commission (CPSC). Thanks to CPSC, avoiding personal injury this season is as easy as remembering your ABCs:
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More than a quarter million defective Chinese tires are being recalled by New Jersey-based Foreign Tire Sales, because they lack a gum strip -- a band of rubber designed to keep the steel belts from separating. Belt separation can cause the tires to split apart at high speeds, and the flaw has already resulted in some fatalities. The tires were sold under the brand names Westlake, Compass and YKS from 2004 to mid-2006, and were marketed for use on SUVs, trucks and vans. About 1,100 of the tires were sold in Virginia, but none are known to have been sold in Maryland or DC. Continue Reading...
Physician-based counseling of patients regarding the proper use of seat belts and admonitions for driving while intoxicated do not lead to demonstrated improvements in behavior or public health, according to a new study published in the Annals of Internal Medicine. Research conducted by the U.S. Preventive Services Task Force has found that while physician counseling causes no apparent harm, the benefits attributable to it are generally negligible. The group recommends that physicians and their patients may be better served by using office visit time to focus on other preventive care issues.
Mattel, Inc. has announced an expanded recall of 9 million toys due to health threats posed by powerful magnets and toxic lead paint. Approximately 1.5 million toys were recalled on August 1st, all of which had been manufactured in China. These latest additions were also manufactured in China. Among those magnetic toys most recently recalled are Polly Pocket toys, Barbie and Tanner sets, Doggie Daycare sets and Batman figurines. Sarge characters from the movie Cars are being recalled due to toxic surface paint.
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Bicycling is a healthy, environmentally-friendly, low-cost way to commute and it can be enjoyable recreation, as well. While safety equipment such as helmets and reflective clothing can help you avoid crashes and injuries, knowing the traffic rules for cyclists in your jurisdiction and developing your cycling skills can also contribute to your safety. Maryland, Virginia and D.C. laws all require bicyclists to be familiar with street signs and markings, and to follow the rules of the road -- as well as other rules that apply in off-road situations. The Washington Area Bicyclist Association, in conjunction with the D.C. Department of Transportation and Arlington County, Virginia, publishes a booklet entitled "Safe Bicycling in the Washington Area," which lists relevant bicycling laws and travel tips by jurisdiction.
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More than 33 million Americans are injured in their homes each year, according to the U.S. Consumer Product Safety Commission (CPSC). While some home-based hazards arise from new trends or technologies, many are age-old dangers -- the unanchored stove that tips forward and burns a curious child, for example. To help increase awareness of preventable home injuries, CPSC recently published its list of "Top Five Hidden Home Hazards." A serious injury can change your life, or the life of your child, forever. Your own awareness of these "Top Five" dangers can be your best protection from personal injury:
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Red yeast rice and red yeast rice supplements are often marketed as cholesterol-lowering alternatives to medication. The U.S. Food and Drug Administration (FDA) has announced, however, that some red yeast rice products may lower peoples' cholesterol because manufacturers have been illegally lacing them with lovastatin -- the active ingredient in Mevacor, a prescription cholesterol drug. The FDA has issued warnings related to the following specific red yeast rice products:
Red Yeast Rice and Red Yeast Rice/Policosonal Complex, sold by Swanson Healthcare Products, Inc. and manufactured by Nature’s Value Inc. and Kabco Inc., respectively
Cholestrix, sold by Sunburst Biorganics.
They warn that the products are particularly dangerous because consumers may be eating the rice for its health benefits precisely because they are not good candidates for treatment with lovastatin. Additionally, they may not know the side effects of lovastatin or the ways in which it could interact with other prescription drugs they may be taking.
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While backpacks can make your child's life easier in the short-term, they can give rise to long-term health consequences in the form of back injuries if overloaded or worn improperly. Compared to brief cases or bags designed to be carried, backpacks are preferable, as they distribute weight more evenly across the body, allowing it to be supported by the back and abdominal muscles. Before you send your child back to school with a backpack, review the following injury prevention recommendations by experts at the Cedars-Sinai Institute for Spinal Disorders and Orthopedic Center, as reported in Medical News Today:
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Recalls.gov is a web-based resource that helps remove those products from the homes of consumers in instances where they've already been sold. You can always be notified of product recalls by filling out and returning the product registration card of any appliance or product that you purchase.
Alternatively, however, you can now sign up to receive free email notifications of recalled goods from their respective regulatory agencies. The site can also be used to search a comprehensive database of recalled products, and warnings that have been issued by three other agencies, as well: the National Highway Transportation Safety Administration (NHTSA), the Environmental Protection Agency (EPA) and the U.S. Coast Guard. The site also enables consumers to report potentially dangerous products and serves as a repository for general safety information. Continue Reading...
Many Americans put their faith in health insurance companies, paying hefty premiums to be protected in the event of catastrophic or chronic illness. Too frequently, in times of need, their claims are denied for technical or procedural reasons, or no good reason at all. A recent article published in CNN Medical News chronicles the story of one family's unjust treatment by an insurer, and includes the following advice for leveraging your position and negotiating more successfully with insurance companies regarding claim denials:
Get help. Your doctor, hospital business office, and employee benefits office can be much more powerful than you are.
Be persistent. File appeals again and again, and to several different levels until you get a favorable resolution.
Use the right words. Certain words, like "cosmetic," or "to enhance esteem," may trigger a denial, while appeals that include specific problems with "biting," "chewing," or "swallowing" may work to your advantage.
Ask your doctor to try again. If a particular drug or procedure serves two purposes (for instance, it enhances the effectiveness of your chemotherapy, and also treats your anemia), then mention the second when you appeal a denial of the first.
You may need a lawyer. The threat of a lawsuit with attorneys copied on your correspondence may get your claim the close attention it deserves.
After a local incident of carbon monoxide poisoning, D.C. Fire and Rescue officials say the episode was likely related to a malfunctioning hot water heater in the basement of a house. Carbon monoxide is a colorless, tasteless and practically odorless gas, and is highly dangerous.
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French Style Green Beans in 14.5 ounce cans and sold under several different brand names are being recalled by manufacturer Lakeside Foods of Manitowoc, WI, over concerns that incorrect canning procedures could leave the contents vulnerable to infection by Clostridium botulinum.
According to the U.S. Food and Drug Administration (FDA), no reports of Botulism have yet surfaced, and the company is recalling the product out of an abundance of caution. The recall affects 20 states, including Virginia. No other Lakeside products are affected by the recall. Consumers who have purchased the product are instructed to contact the company at (800) 466-3844, ext. 4090 for further instructions.
Ford Motor Company has announced a voluntary expanded recall of 3.6 million vehicles due to fire safety concerns stemming from faulty cruise control switches. The recall now includes more than a dozen models of vehicle built between 1992 and 2007.
In January 2005, the company had recalled approximately 6 million vehicles with similar cruise control switch problems. According to Ford, newly-affected owners will begin receiving notices of the expanded recall on August 15, 2007.
Owners with immediate questions regarding the recall are instructed to call (888) 222-2751.
Whole Foods Market has issued a recall of Swiss Dark Chocolate Bars marketed under the 365 Organic Everyday Value label, because they could contain undeclared almonds. The chocolate bars were sold in stores throughout the U.S., including Maryland, Virginia and the District of Columbia. According to the U.S. Food and Drug Administration (FDA), the bars affected by the recall have a lot code that begins with the letters "L71423" followed by a time stamp of between the hours of 11:33 and 12:15. The time stamp can be found on the back of the wrapper. The recall is only being conducted because the product ingredient label does not include almonds -- a flaw that has been tied to a temporary error in the packaging process. Customers who purchased the chocolate bars can return them to the store for a full refund, or may call Whole Foods Markets at (512) 542-0656. According to the Nemours Foundation, sponsor of the popular Healthy Kids' Organization, some of the earliest signs or symptoms that you're experiencing a nut allergy may include: Continue Reading...
Fisher-Price and its parent company, Mattel, Inc., are recalling 83 kinds of children's toys, including Sesame Street, Sponge Bob and Dora the Explorer figures among others, because surface paint on the toys contains high levels of lead. The U.S. Consumer Product Safety Commission (CPSC) has stated that the toys were available in most major retail stores between May 2007 and August 2007, for prices between $5 and $40. The recall is the first ever for Fisher-Price or Mattel, Inc. involving lead paint, and the largest recall for Mattel, Inc. in nearly a decade. No injuries have yet been attributed to the toys, which were manufactured in Chinese facilities.
CPSC advises that parents who have purchased any of the recalled toys immediately place them out of reach of children, and contact Fisher-Price at (800) 916-4498, or by visiting their recall website, at http://www.service.mattel.com, to obtain replacement instructions.
A previous recall of Castleberry's Food Company products contaminated with deadly Clostridium botulinum has been expanded significantly to include more than 90 items according to the U.S. Food and Drug Administration. Many contaminated canned goods are beginning to swell and explode as a result of the bacterial growth. According to the U.S. Centers for Disease Control (CDC), consumers must be especially careful in handling and disposing of these infected products, preventing any kind of human exposure to their contents. The agency's website provides the following advice regarding proper disposal:
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Unlike conventional ovens, microwaves cook food from the inside out, right?
Wrong, according to the U.S. Department of Agriculture (U.S.D.A), which warns that the "reverse cooking" myth often puts people at risk of food contamination when items like raw meat go under-cooked in the center. The agency urges microwave oven users to utilize a cooking thermometer and check the temperature of all foods before serving them to ensure their safety. Experts also advise heating potentially dangerous foods to the following temperatures:
"Cook ground meats to 160 °F; ground poultry to 165 °F.
Beef, veal, and lamb steaks, roasts, and chops may be cooked to 145 °F; all cuts of fresh pork, 160 °F.
Poultry should reach a safe minimum internal temperature of 165 °F.
Eggs and casseroles containing eggs, 160 °F.
Fish should reach 145 °F.
Always allow standing time, which completes the cooking, before checking the internal temperature with a food thermometer."
Unsafe levels of chlorine byproducts have been detected in tap water samples taken throughout the District of Columbia, according to the Washington Post. The District uses chloramine (a less potent chlorine substitute) to treat Potomac River water, generally making it safe to drink. Since chloramine does not kill all the microbes that can colonize deep in the city's water pipes, the city conducts a one-month "chlorine burn" annually, switching from chloramine to chlorine to address the shortcoming. Water samples were taken by the Environmental Working Group at the end of the month-long burn this spring, and 40% of the tests showed unsafe levels of chlorine pollutants. The highest levels came from tests conducted at the Martin Luther King Jr. Memorial Library, at an elementary school in Northwest Washington and at the home of a pregnant woman. Some public health studies have associated similarly high levels of chlorine toxins with low birth weight and serious birth defects. D.C. officials say the high toxin levels are probably only temporary, and that D.C. water meets federal safety standards, because chlorine concentration results are averaged over an entire year for reporting purposes, and the current high levels are only a temporary spike that will eventually subside. Brita-type home water filters should remove these contaminates.
For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
Older adults are the fastest-growing segment of the U.S. population -- a trend that will soon result in record numbers of senior drivers on the nation's highways. Compared to previous generations, it's also a group that tends to spend more time behind the wheel. As we have mentioned before on this blog, any unsafe or inattentive drivers can pose hazards, both to themselves and to others. Continue Reading...
Bicycle accidents bring nearly half a million people into U.S. emergency rooms each year, according to the U.S. Centers for Disease Control (CDC). Approximately 700 of those patients die as a result of their injuries. Bicycles can be dangerous for kids and adults, alike. Before you take to the road or trail next time, be sure to take your health and safety into consideration.
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The Bayer Ascensia Contour Blood Glucose Monitoring System, Product 7152A has been recalled by Bayer Healthcare and the U.S. Food and Drug Administration (FDA). The reason for the recall is that the numeric display reports the wrong units of measure for Canadian users. According to the recall notice, though the monitors should display results in mmol / L format, they are instead calibrated to display in mg / dL format -- a mistake that could easily lead to mis-management of blood sugar levels, potentially causing hypoglycemia.
Patients with questions regarding the recall are instructed to call Bayer Healthcare at 1-574-256-3441.
For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
Guidant Heart Defibrillator manufacturer, Boston Scientific, settled about 4,000 patient lawsuits this week for $195 million, according to the New York Times. Those patients claimed that the corporation neglected to inform them of potential flaws in the heart device -- at least seven people died following malfunctions caused by faulty insulation.
According to a recent FDA Notice, Gerber Products Company (a division of Novartis Consumer Health) is voluntarily recalling 8-oz containers of Organic Rice and Organic Oatmeal baby cereals due to the presence of non-dissolving cereal lumps that pose a choking hazard in infants. The food has been distributed across the United States, Puerto Rico and the Caribbean. Consumers who have the cereal in their possession are instructed to call the Gerber Parents Resource Center at 1-800-443-7237, or 1-231-928-3000 to receive a refund.
For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
Several canned products from Castleberry's Food Company may be contaminated with Botulism, and are being voluntarily recalled, according to the U.S. Food and Drug Administration (FDA). Following is a list of affected products:
"Castleberry's Hot Dog Chili Sauce, 10 oz can (UPC 3030000101)
Austex Hot Dog Chili Sauce, 10 oz can (UPC 3030099533)
Kroger Hot Dog Chili Sauce, 10 oz can (UPC 1111083942)
Morton House Corned Beef Hash, 15 oz can (UPC 7526665830)
Cattle Drive Chili with Beans, 15 oz can (UPC 3030001515)
Southern Home Corned Beef Hash, 15 oz can (UPC 0788015360)
Meijer Corned Beef Hash, 15 oz can (UPC 4125095229)
Castleberry's Chili with Beans, 15 oz can (UPC 3030001015)
Castleberry's Barbecue Pork, 10 oz can (UPC 3030000402)
Bunker Hill Chili No Beans, 10 oz can (UPC 7526604112)"
The Hasbro corporation is recalling approximately 1 million children's Easy Bake ovens. The move follows 249 incidents of kid's hands becoming stuck in the opening, and 77 incidents of burn injury, 16 of which involved second or third degree burns. One 5-year-old girl sustained burns that necessitated finger amputation. An earlier recall of the same toys involved the installation of a repair kit, whereas this recall requires a complete replacement of the toy. Continue Reading...
The New England Journal of Medicine has reported an incidence of a 37-year old man who was struck by lightning while jogging in a thunderstorm and listening to an iPod. The authors warn that although lightning can strike a person directly, a phenomenon known as side flash -- which affected this man -- is much more common. In instances of side flash, lightning strikes a nearby object, then jumps to a person. The high resistance of the skin generally means that lightning is conducted over the outside of the body in these instances. Because the man was sweaty, however, and the metal wires of his iPod were running into his ears, the flashover was disrupted, and the current was directed into and through the his head. His tympanic membranes were perforated, among other injuries. Continue Reading...
A recall of the Thomas & Friends wooden train set by the Consumer Product Safety Commission (CPSC) has once more thrust the safety of imported goods -- particularly those from China -- into the spotlight. This latest recall of the Thomas & Friends set stems from the presence of lead in paint used to manufacture the toys. If ingested, the paint can cause brain damage. According to the recall notice, approximately 1.5 million units are affected by the recall. Customers are advised to collect the toys immediately, and to contact the importer for a replacement toy.
The CPSC notice states: "For additional information, contact RC2 Corp. toll-free at (866) 725-4407 between 8 a.m. and 5 p.m. CT Monday through Thursday and between 8 a.m. and 11 a.m. CT Friday, or visit the firm's Web site at recalls.rc2.com."
If you or a family member believe that you have a case involving personal injury or a defective product, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
According to a recent study published in Pediatrics, the official journal of the American Academy of Pediatrics, between the years of 1990 and 2004, more than 140,000 kids made trips to U.S. emergency rooms due to lawn mower accidents -- almost 9,400 visits annually. The average age of the injured children was 10.7 years, and 78% were boys. Most typically, injuries included lacerations, burns, eye damage, soft tissue damage and bone fractures.
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Unfortunately, vacation season doesn't go unnoticed among thieves. Before you take any extended trips this season, take a moment to evaluate your home's security and reduce your potential for burglary. The Home Safety Council recommends the following to safeguard your home while you're away:
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Recently, multiple local news sources have reported that as many as 23 Arlington County, Virginia residents have been exposed to a rabid stray kitten and have begun taking a series of preventive rabies injections. Authorities are searching for another kitten and the mother. Continue Reading...
Following an expanded recall of the Kugel hernia patch, The U.S. Food and Drug Administration (FDA) has inspected the headquarters of its manufacturer, Davol, Inc., and issued the company a warning, citing serious quality control problems related to the manufacture of its surgical patch and an associated fixation device. The inspection was completed in March, 2007.
A new standard for mattress safety has been mandated by the Consumer Product Safety Commission (CPSC) this month, requiring that mattresses manufactured on or after July 1, 2007 be more fire-resistant. The standard is aimed specifically at reducing the release of heat in the event that a mattress is ignited. CPSC estimates that design changes may prevent as many as 270 deaths and 1,330 injuries each year.
Plans to allow Mexican truck traffic on U.S. roads earned the U.S. Department of Transportation (DOT) a failing report card from safety groups this week. Public Citizen has reported that members of Congress, the International Brotherhood of Teamsters, a trucking trade association and many other organizations presented some unfavorable opinion poll results to the agency in a recent press conference.
A local 9-year-old Queen Anne's County boy was seriously burned this week by an ignited sparkler, an incident that serves as a reminder of the dangers posed even by novelty fireworks.
This Fourth of July, personal fireworks and sparklers could easily spark forest fires, according to the Virginia Dept. of Forestry. In a recent news release, the agency warned that a lack of rain throughout the month of June has left much surrounding timber particularly dry and vulnerable to wildfires this summer. As an alternative to personal fireworks displays this year, they urge residents to attend one of the many public events scheduled around the D.C. Metro area.
On July 1, 2007, The Commonwealth of Virginia will begin imposing "civil remedial fees" (CRFs) for certain driving infractions. Imposed in addition to present fines for traffic violations, the fees will make the final cost of bad driving significantly higher.
A first-time drunk driving violation, for instance, will remain an infraction punishable with a $300 fine, but in addition to the fine, Virginia will impose a civil remedial fee of $2,250.00. Fees for some felony driving infractions, such as felony driving too fast for road conditions, will be as high as $3,000.00. The fee will be payable in three installments, the first of which will be due immediately.
Traditionally, summer is a time to enjoy many outdoor recreational activities. Unfortunately, it's also the time of year when people are most likely to be injured. A little awareness of some basic summer hazards can help ensure that you spend your vacation time relaxing, and not racing to the nearest emergency room.
A longstanding safety problem with kitchen ranges could affect as many as 20 million homes in the U.S., consumer advocates warn. Affected ovens tip forward when weight is applied to open doors or lower drawers, crushing and burning consumers in the process. According to Public Citizen, a national non-profit public interest group, reports of fatalities include children as young as 12 months, weighing as little as 24 pounds, and elderly people who lean on the appliances for support, particularly when cleaning or cooking. More than 100 reported cases of death and injury from scalding due to hot foods have surfaced to date. Officials believe the true number is actually much higher.
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Independence Day is celebrated across the U.S. each year with spectacular public fireworks displays, as well as smaller private ones. Each carries a potential for personal injury. As you prepare to celebrate this holiday season, we hope you'll exercise good judgment in preventing injuries when possible, and by being prepared to respond should an accident occur. The following tips are offered by the Consumer Product Safety Commission (CPSC):
"Do not allow young children to play with fireworks 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."
Bills under consideration in the U.S. Senate and House would require visibility standards for all cars, SUVs and light trucks to prevent accidents involving small children in driveways and parking lots.
According to a report in the May / June 2007 issue of Public Citizen News, as of May 7th, 2007, there have been 235 non-traffic motor vehicle accidents reported this year, involving a total of 261 children, and 77 child fatalities.
A Senate Bill under consideration, named The Cameron Gulbransen Kids and Cars Safety Act of 2007, would require the National Highway Traffic Safety Administration (NHTSA) to devise a rear visibility standard for automakers, as well as require manufacturers to install technology that would make brake pedals be fully depressed before vehicles could shift into gear. It would also force manufacturers to install technology that would automatically retract a power window when sensors detect an obstruction.
Data concerning non-traffic automobile injuries has recently become more available, due to the passage of the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act. The law required the NHTSA to begin compiling statistics concerning child injuries in driveways and other off-road locations.
If you or a family member believes that you have a case involving an automobile accident, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The Consumer Product Safety Commission (CPSC) reports that each year, 260 children under the age of 5 drown in swimming pools, and many are entrapped by the suction from dangerous pool and spa drains. To help keep people safe in a season when many people seek relief from the heat in pools, the American Red Cross offers the following swimming safety guidelines:
"Learn to swim. The best thing anyone can do to stay safe in and around the water is learn to swim well.
Never leave a child unattended around water. Children should never swim unsupervised, and everyone should always swim with a buddy.
Always keep basic lifesaving equipment by the pool and know how to use it. A reaching pole, a ring buoy, a portable phone and U.S. Coast Guard approved personal flotation devices are recommended. A pool alarm can also add a layer of protection.
Be sure the pool is surrounded on all sides by a fence that is at least four feet high. It should not provide any footholds which would allow a child to climb over or spacing to climb through. The fence should have a self-closing, self-latching gate that is locked when the pool is not in use.
Learn Red Cross CPR. Insist that babysitters, grandparents and others who care for your child know CPR. Post CPR instructions in the pool area."
"Do not let your child use air-filled 'swimming aides' because they are not a substitute for approved life vests and can be dangerous.
Remove all toys from the pool after use so children aren't tempted to reach for them."
The CPSC advises that the dangers of drain-related entrapment can be reduced by heeding this advice:
"Never use a pool or spa with a missing or broken drain cover. Be sure a newer, safer drain cover is in place. The new drain covers are normally dome-shaped -- instead of the old flat drain covers.
Consider adding a Safety Vacuum Release System (SVRS),a device that will automatically shut off the pump if a blockage is detected.
Have a professional regularly inspect your pool or spa for entrapment or entanglement hazards.
Plainly mark the location of the electrical cut-off switch for the pool or spa pump.
If someone is entrapped against a drain, cut off the pump immediately. Instead of trying to pull the person away from the powerful suction, pry a hand between the drain and the person’s body to break the seal."
Area residents of Montgomery County, MD are also encouraged to call that county’s Pool Safety Hotline this year to request a free evaluation of their private swimming pool. The hotline number is (240) 777-2239.
If you or a family member has suffered injuries from defective swimming pool conditions, please contact Regan Zambri and Long at 202-463-3030 or contact us on line.
A recent article in the journal Pediatrics, the official journal of the American Academy of Pediatrics highlights the orthopedic dangers of "Heelys" -- popular kids' shoes that feature a partially-embedded, removable wheel in the heel. Authors of the study recommend that protective gear be worn at all times while using the products, and that children learning to use the shoes be closely supervised.
"Heelers" -- those using the devices -- can alternate between walking and rolling by shifting their weight to various parts of their feet while wearing the popular shoes. "Street Gliders," another type of product, operate similarly, but are designed to temporarily attach to regular sneakers.
The American Academy of Orthopedic Surgeons has also reported an increased incidence of injuries related to the sneakers. Those injuries predominately affect the wrists, hands and elbows, but the group also notes a potential for head injury among users. They recommend the following guidelines for those who may decide to use the new products:
"Learn the basic skills of the sport; particularly how to stop properly, before venturing out.
Wear a helmet, wrist protectors and knee and elbow pads.
Avoid rolling in crowded walkways.
Avoid rolling in traffic. If you come to a cross walk, obey traffic signals, stay to the right side of the sidewalk and don’t weave in and out of crowds.
Heel on smooth surfaces, away from traffic.
Do not let a young child heel unsupervised."
We urge parents to exercise good judgment in buying safe and age-appropriate toys and sporting goods for their children, and always encourage the use of protective equipment. If you have any questions at all about the products you or your children are using this summer, please feel free to contact us.
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A Summer Crime Initiative is underway in the District of Columbia to help curb the increase in violent crime that tends to occur throughout cities during warmer months. The summer initiative includes mandatory overtime for officers, as well as 12-hour shifts of street patrol. According to the D.C. police chief, the first weekend of the initiative resulted in a 10 percent dip in crime rates. Neighborhood activists also praised the initiative for creating a high profile presence for police officers and sending a message that the police department is responsive to community concerns. The summer crime-fighting plan relies on proactive patrols and other tactics developed after analyzing a pattern of crime trends for the past five years.
If you're out and about in the city this summer, the Metropolitan Police Department offers the following advice to keep you from becoming the target of robbery or assault:
"Personal Safety Tips on the Street
If possible, don't walk alone during late-night hours. Walk in groups whenever you can—there is always safety in numbers.
Let a family member or friend know your destination and your estimated time of arrival or return. That way, the police can be notified as quickly as possible if there is a problem.
Stay in well-lit areas as much as possible. Avoid alleys, vacant lots, wooded areas, and other short-cuts or secluded areas. They are usually not well-lit or heavily traveled.
Walk on the sidewalk whenever possible. Walk close to the curb, avoiding doorways, bushes, and other potential hiding places.
If you have to walk in the street, walk facing traffic. A person walking with traffic can be followed, forced into a car, and abducted more easily than a person walking against traffic.
Walk confidently, directly, and at a steady pace. Don't stop to talk to strangers.
Wear clothing and shoes that give you freedom of movement. And don't burden yourself with too many packages or items.
Always be aware of your surroundings. If you are wearing headphones, don't turn up the volume so high that you cannot hear outside noises.
Never hitchhike or accept rides from strangers.
Report any suspicious activity or person immediately to the Metropolitan Police Department at 3-1-1. Or, if it is an emergency, dial 9-1-1.
Avoid carrying large sums of cash, or displaying expensive jewelry in public."
To stay safe on the metro transit system, in particular, the Metro Transit Police Department offers the following tips:
"Late Night Travel Tips:
Travel with someone you know.
Stand near other passengers when waiting for a train or Metrobus
If you feel uncomfortable, move near other people or look for a Metro employee for assistance.
Ride in a rail car occupied by other people or sit in the first car where the train operator is located.
Be alert to your surroundings.
Protect Your Electronic Device:
Carry your electronic device in a pocket or a place where it is not easily seen or in easy reach of others.
Be smart about when and where you use your electronic device.
Change the color of your ear piece so that it does not readily suggest you carry an expensive electronic device.
Avoid sitting or standing near the doors of rail cars or Metrobuses.
Report suspicious behavior and objectionable conduct immediately:
Call the Metro Transit Police at (202) 962-2121
On a Metrobus, tell the operator.
In a station, use the emergency telephones located on platforms to talk to a station manager.
In a rail car, use the emergency intercoms located at both ends of the rail car to talk to the train operator."
If you're in the market for a used car, shop carefully. Just because the dealer indicates that a used car is "certified," that's not necessarily an indication of whether there has been a thorough inspection or even if a supposed warranty has been voided. California state estimates suggest that one in 25 used cars involved in an accident has had stolen, fake, or salvage airbags installed, in part because new ones can cost upwards of $3,000.
You can search the airbag deployment history of any vehicle for free on the Carfax website (other Carfax services require a fee), but beware -- there's no guarantee that all airbag deployments have been reported to that database. A reality check by an independent and reputable inspector should always be done before any potential used car purchase.
Consumer Affairs.com notes that unlike new car purchases made from a dealership, no safety standards protect used car buyers from falling prey to unscrupulous re-builders who may install replacement airbags incorrectly, or who don't actually replace them at all.
If you're buying a used car, the Automotive Occupants Restraint Council (AORC) recommends that you watch for the following signs that its airbags are missing, re-manufactured, or fake:
"Peeling paint or paint and glue drips on the airbag cover.
Unclear, illegible, or messy lettering or logos on the outside.
Uneven or lopsided look to the airbag cover.
Torn, frayed or warped cover.
The outside color of the airbag module does not match the rest of the vehicle's interior colors.
The airbag warning light remains on or the warning light does not illuminate during vehicle startup. (During vehicle startup, the airbag warning light on the instrument panel should illuminate and stay on for four to seven seconds, then remain off. This brief illumination indicates a normal self-diagnostic check of the airbag wiring system."
If you or a family member has been involved in an automobile accident case, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The Consumer Product Safety Commission (CPSC) has announced a voluntary recall by BSH Home Appliances Corporation, a subsidiary of Bosch Appliances, of two models of its Thermador ceramic cooktops, which turn on by themselves. Consumers are urged to turn off these affected units at the circuit breaker between uses, and immediately contact the manufacturer to arrange a free in-home repair. BSH's Recall Hotline is 1-800-758-1001.
June is also National Home Safety Month, and to heighten awareness of home safety issues like those posed by defective appliances, the Home Safety Council offers these kitchen and burn safety tips:
"Cooking Safety:
Always stay in the kitchen while cooking.
Keep things that can burn, such as dishtowels, paper or plastic bags, and curtains at least three feet away from the range top.
Keep the range top and oven clean.
Before cooking, roll up sleeves and use oven mitts. Loose-fitting clothes can touch a hot burner and catch on fire. If clothes do catch fire, "Stop, Drop and Roll" by dropping immediately to the ground and rolling over and over or back and forth to put out the flames. Cool the burned area with cool water and seek medical attention for serious burns.
Always turn pot handles inward to prevent small children from reaching and pulling down a hot pan.
Keep hot items, such as hot beverages and trays that have just come out of the oven away from the edge of counters, so that children are not able to reach them.
Hot liquid and food burns often occur when children pull hanging tablecloths or placemats. Use tablecloths and decorations with care.
Food cooked in a microwave can be dangerously hot. Remove the lids or other coverings from microwaved food carefully to prevent steam burns.
For extra care with toddlers and infants, use travel mugs with a tight lid for coffee, tea or other hot beverages.
Keep children and pets away from the range when anyone is cooking and keep a close eye on them at all times.
Every kitchen should be protected by Ground-Fault Circuit Interrupters (GFCIs). If you don't have them, hire an electrician to install these devices to protect electrical receptacles in the kitchen.
For safer water temperatures to prevent scalds from hot tap water, keep your hot water heater set 120 degrees Fahrenheit or below.
Store knives and other sharp objects out of the reach of children and make sure children are a safe distance away when you are using knives to avoid injuries.
Never leave barbecue grills unattended while in use.
Keep grills at least three feet away from other objects including the house and any shrubs or bushes.
Douse cigarette and cigar butts with water before dumping them in the trash.
The Consumer Product Safety Commission (CPSC) has announced a recall of 450,000 infant car seats by manufacturer, Evenflo. The carrying handle on many units can release unexpectedly, causing falls and other injuries. One hundred sixty child injuries have been attributed to the handles; among them, two concussions and a fractured skull.
The recall notice advises that the child seat is safe to use for travel when properly belted into an automobile, but consumers should not rely on the carrying handle until a repair kit has been fitted to the product.
For additional information regarding this product safety recall, call Evenflo at (800) 490-7497, or visit the company's recall website.
If you or a family member believes that you have a case involving Evenflo infant car seats, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
Outdoor cooking has become tremendously popular, especially during long weekends and holiday breaks. As we prepare more of our meals outdoors, we also increase the risks for bacteria and foodborne illness. Following safe food handling and grilling practices can help prevent many of the dangers of outdoor cooking. These guidelines are presented by the United States Department of Agriculture Food and Safety Inspection Service (FSIS.USDA).
Take food directly home from the grocery store and refrigerate it promptly.
Completely thaw food in the refrigerator before grilling it.
Marinate food in the refrigerator, not on the counter.
When carrying food to another location, keep it cold to minimize bacteria growth.
Keep meat and poultry refrigerated until ready to cook and store beverages and perishable food in separate coolers.
Keep everything clean. Don't use the same platter and utensils for both raw and cooked food.
Reduce grilling time by precooking food partially in the microwave.
Cook food thoroughly. Never partially grill meat or poultry and finish cooking later.
Use a food thermometer. Safe minimum temperatures for various foods are:
whole poultry: 165 degrees
poultry breasts: 165 degrees
ground poultry: 165 degrees
hamburgers, beef: 160 degrees
beef, veal and lamb (steaks, roasts and chops)
medium rare: 145 degrees
medium: 160 degrees
When reheating fully cooked meats, grill to 165 degrees or until steaming hot.
Keep hot food hot until it is served - at 140 degrees or warmer. Set them by the side of the grill rack to stay hot, but not directly over the coals where they will overcook.
Use a clean platter for serving food, not the same one previously used for the raw food.
In hot weather, above 90 degrees, food should never set out for more than 1 hour.
Refrigerate any leftovers promptly in shallow containers.
Discard any food after 2 hours left out or 1 hour if temperatures are above 90 degrees.
For smoking food, keep the smoker temperature at 250 - 300 degrees for safety. Use a food thermometer to verify a safe internal temperature.
For pit roasting, use a food thermometer to determine the food's safety and doneness.
To prevent charring, remove visible fat and precook meat in the microwave. Cut off any charred portions prior to serving the meat.
In a move that could ultimately save up to 10,000 lives each year on U.S. roadways, the Department of Transportation recently announced plans to make new crash prevention technology standard equipment on every new passenger vehicle sold in America by 2012.
U.S. Transportation Secretary Mary E. Peters and National Highway Traffic Safety Administrator Nicole R. Nason announced the final rule to require the Electronic Stability Control (ESC) on all new passenger vehicles. ESC uses automatic computer controlled braking to keep drivers from losing control on slippery roads or in emergency maneuvers, in many cases preventing deadly rollovers from occurring.
Do you recognize this image? It's the new logo for the most successful seat belt enforcement campaign ever. The Click It or Ticket campaign has helped create the highest national seat belt usage rate of almost 82 percent. As indicated by the National Highway Traffic and Safety Administration (NHTSA) seatbelt charts for 2006, jurisdictions with stronger belt enforcement laws continue to have higher rates than those with weaker laws.
According to the NHTSA, the current promotion is aimed at raising awareness of the extra dangers of nighttime driving. Seat belt usage declines substantially at night, increasing the risk of being killed in a crash by three times the daytime rate.
“It’s alarming that fewer people are buckling up at night, a time when the odds of being killed in a motor vehicle crash triple. This year, law enforcement officials will be ticketing violators who are not wearing their seat belts, especially during the evening hours,” Administrator Nason said.
The NHTSA study found that in 2005, more than 15,000 passenger vehicle occupants died in traffic crashes between the nighttime hours of 6:00 p.m. and 6:00 a.m., and nearly two-thirds of those killed were not wearing their seat belts at the time of the crash. Additional NHTSA survey data indicate that nighttime seat belt use is often 10 percent lower than the nation-wide average 82 percent daytime belt use.
“The annual Click It or Ticket campaign has helped increase seat belt use for over a decade, but despite these gains, too many of our family and friends continue to die on our roadways,” said Nason. “Not wearing your seat belt, day or night, is a huge and unnecessary gamble.”
The U.S. Consumer Product Safety Commission has announced that the Holmes Group has recalled oil-filled electric heaters due to fire concerns. The recall involves Holmes oil-filled electric heaters with model number HOH2505 and HOH2520. The model number and “Holmes®” are printed on the side of the unit near the bottom.
The Holmes Group has received reports of 59 incidents involving the recalled heaters. There were 12 reports of minor injuries including four reported burns. There were 36 reports of property damage including four fires that caused between $41,000 and $200,000 in damage.
Consumers should immediately stop using the recalled heaters and contact the Holmes Group to receive a free replacement heater. Please review the recall for more information.
Grilling season traditionally begins on Memorial Day weekend. According to the U.S. Consumer Product Safety Commission (CPSC), every year 30 people die as a result of gas grill fires and explosions and another 30 people die from CO poisoning from their charcoal grills. In addition, more than 100 people are injured in grilling accidents.
Before beginning your grilling season, conducting a quick inspection of your grill will help ensure that you and your family will be safe. CPSC offers the following safety tips for gas grilling:
"Check the tubes that lead into the burner for any blockage from insects, spiders, or food grease. Use a pipe cleaner or wire to clear blockage and push it through the main part of the burner.
Check grill hoses for cracking, brittleness, holes and leaks. Make sure there are no sharp bends in the hoses or tubing.
Move gas hoses as far away as possible from hot surfaces and dripping hot grease. If you can't move the hoses, install a heat shield to protect them.
Replace scratched or nicked connectors, which can eventually leak gas.
Check for gas leaks, following the manufacturer's instructions, if you smell gas or when you reconnect the grill to the LP gas container. If you detect a leak, immediately turn off the gas and don't attempt to light the grill until the leak is fixed.
Keep lighted cigarettes, matches, or open flames away from a leaking grill.
Never use a grill indoors. Use a grill at least 10 feet away from your house or any building. Do not use a grill in a garage, breezeway, carport, porch, or under a surface that can catch fire.
Do not attempt to repair the tank valve or the appliance yourself. See an LP gas dealer or a qualified appliance repair person.
Always follow the manufacturer's instructions that accompany the grill."
Of course, common sense guidelines should not be forgotten. Always shut off the valve to propane tanks when not using your gas grill. Keep children and pets away from the grill while it is in use and until it has cooled after use. Use proper utensils that allow you to be a safe distance from the grill while cooking. Do NOT wear any loose clothing while grilling.
Storage of LP gas containers requires caution. Always keep containers upright and never store them under or near the grill or indoors. Never store or use flammable liquids near the grill. When transporting LP gas containers, never keep a filled container in a hot car or car trunk and always transport the container in a secure upright position. Follow manufacturer's instructions carefully when connecting or disconnecting LP gas containers. Continue Reading...
"Electronic stability control (ESC), which selectively applies brakes to one or more wheels when a vehicle is about to slide out of control, is the most important safety advance since the safety belt. Recent studies have found that ESC could save as many as 10,000 lives a year if all cars had the system. Beginning in 2012, the federal government will require that all new cars come equipped with ESC.
On a smaller scale, backup cameras, another safety system that is becoming more common, can now help prevent accidents with children or objects hidden in a vehicle’s rear blind zone.
The industry has gone a long way to make cars that can protect passengers in a crash, so now the trend is toward creating technologies for crash prevention. This will dictate the types of new safety systems we will see in mainstream cars. Most of the following have already turned up in limited use and the others appear to be just over the horizon.
Next-generation stability control. New ESC systems will go further in managing vehicle dynamics. One system, ESC II, is designed to provide slight steering input, together with selective braking and throttle reduction, to maintain control. Rear-wheel steering control through an active multilink suspension is also being looked at to work with next-generation ESC, providing optimum stability.
Pre-collision systems. Currently found on a few vehicles from Mercedes-Benz and Lexus, these sense a collision before it happens and take action to warn the driver and maximize the safety of all the car’s occupants. It detects vehicles in front and can sound an alarm and display warning lights. The system then takes preventive steps such as fully charging the brakes and air bags, closing windows, adjusting seat positions for optimal air-bag effectiveness, and activating safety-belt pretensioners. An advanced pre-collision system in the Lexus LS600h L will detect pedestrians and animals on the road as well as other vehicles. And a camera will watch if the driver is not looking ahead at potential road hazards and sound an alert to get his attention if it senses an impending collision.
Adaptive cruise control. In addition to maintaining a set speed on the highway, this system can automatically maintain a safe distance from the vehicle ahead. It does this by using radar to monitor vehicles in front, and operates the brakes or throttle to slow or accelerate the car as needed. We tested adaptive cruise control in a few vehicles and some of our drivers found the systems to be annoyingly abrupt in their operation. By 2009, Volvo will have a system that works in stop-and-go traffic and will be able to bring a car to a complete stop if necessary.
Lane-departure warning. Cameras that detect the stripes between lanes can determine if a sleepy or inattentive driver has let the vehicle wander off its intended path. The driver is then alerted with a chime and warning light. We tested a system on the Infiniti M35x and found that the chime went off constantly on minor roads. Many of our drivers found it so annoying they turned it off. It was more useful on the freeway.
Brake assist. This system senses when emergency braking is required by gauging how fast the pedal is depressed. When panic braking is detected, brake assist builds up boost to use the vehicle’s maximum braking capability even if the driver doesn’t push on the pedal hard enough, which might happen in some crash situations.
Blind-spot detection. Many accidents occur when a driver tries to change lanes without being aware that a vehicle is in a blind spot. Audi and Volvo currently have systems that use warning lights connected to cameras or radar on the outside mirrors to tell a driver when a vehicle is in or approaching a blind zone.
Night vision. These systems use infrared technology to allow a driver to see objects, animals, and people well beyond the reach of a car’s headlights. We’ve found them to be useful in some situations, but not ideal. New systems by BMW, Mercedes-Benz, and Lexus might provide a greater range. In the past, we found these systems to be distracting; we hope that the new ones will be less so.
Rollover mitigation. Roll sensors augment stability control and determine if the vehicle is tipping up on two wheels. If an impending rollover is detected, stability control applies selective braking to suppress the roll motion. If that fails, curtain air bags are deployed and stay inflated for about six seconds to protect occupants from possible impact and to help keep them from being ejected.
Active head restraints. This technology moves the restraints behind a person’s head forward during a collision to help absorb energy and prevent whiplash injuries. Neck injuries are the most common kind reported in auto crashes and tests have shown that good head restraints, especially active ones, are effective in preventing them.
Voice recognition. These systems already exist in some higher-end vehicles, where you can use them to control the climate, audio, cell-phone, and navigation systems. Early versions were cumbersome to use and had difficulties recognizing voice commands, but the technology has made great strides. Some voice-recognition systems are now used with Bluetooth technology, which pairs up your cellular phone to the car’s audio system. Using voice commands instead of buttons,knobs, and touch screens should reduce driver distraction, which could in turn reduce accidents.
Intelligent networks. Tomorrow’s cars will have high-speed data networks that allow communication between various automotive systems and other vehicles. Vehicles will be able to send warnings about hazards or potential accidents on the road. For example, if a driver loses control, the systems needed to stabilize the car will be activated and the nearby cars will be warned. In turn, these cars might activate their pre-collision systems or apply braking to avoid an accident."
According to a recent comprehensive study of nearly 300,000 fatal accident crashes over seven years, from data collected by the National Highway Traffic Safety Administration (NHTSA), drivers of vehicles involved in head-on collisions are twice as likely to die in an accident if the backseat passenger is not wearing a seatbelt and the passenger is three times more likely to die from the accident. In this scenario, the backseat passenger essentially becomes a "backseat bullet," increasing the risk of death significantly for both the driver and the passenger. The lead author of the study, James Mayrose, Ph.D., further described the situation, " The unrestrained occupant is thrown into the seat in front of him, forcing the driver into the steering column and dashboard."
The research was conducted by Center for Transportation Injury Research (CenTIR), affiliated with the University of Buffalo and the Calspan UB Research Center. In addition to the increased risk of death to the driver, the research results showed that there was a four-fold increase in the maximum force to both the head and chest of the driver when the backseat passenger was unbelted. These tests were conducted at the CenTIR testing complex in Buffalo, using instrumented crash test dummies.
Another member of the group, Dietrich Jehle, associate professor of emergency medicine and Erie County Medical Center site director of CenTIR, emphasized, "It is estimated that if we approached a rear seat-belt usage rate of 95 percent, more than 800 lives would be saved and more than 65,000 injuries prevented in the U.S. This would represent savings of approximately $3.8 billion per year in the U.S."
Jehle added, "Less than one-third of states require adults sitting in the backseat to wear seat belts, We hope our findings will prompt drivers to make sure that all backseat occupants are properly restrained. If all rear-seat passengers would buckle up, thousands of lives and billions of dollars could be saved."
If you or a family member has suffered injuries in connection with an automobile accident, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our electronic newsletter, please click here.
According to a recent press release by 24-7 Press Release, an on-line press release
distribution service, "Child car seats can cause serious damage or personal injury if not
designed or used correctly."
"/24-7PressRelease/ - March 21, 2007 - Motor vehicle accidents are the leading
cause of death for anyone in the U.S. from birth until his or her teen years. Child
car seats are designed to prevent death and minimize injuries to children in the
event of an automobile accident. There are many reasons why child car seats
sometimes do not perform as they should, not the least of which is that many
parents do not know when to use them or how to use them correctly. In addition
to failing to protect a child from harm if a child's car seat that does not work as
intended, a defective car seat can actually cause additional injuries to a child.
The more common child seat defects include:
Shoulder straps may slide loose or unclip under the force of an automobile
collision, resulting in full or partial ejection from the seat.
The slot where the seat belt holds the car seat in position is not strong enough
to hold the seat in place during a car accident.
Inadequate pelvic protection allows the child to slide down in the seat during a
car crash.
Other problems include weak construction, unanticipated rotation, sudden
releases and defective handles, among others. Holding child car seat
manufacturers liable for injuries resulting from their defective products ensures
that child car seat quality and technology will continue to improve.
When you buy a car seat for your child, you should frequently check if the car
seat has been recalled. Manufacturers are required to fix the problem free of
charge. If your car seat is recalled, be sure to get it fixed immediately.
Information on child car seat recalls is available on U.S. Department of
Transportation website. You may also obtain updated information by calling
the Auto Safety Hotline toll-free at 1-888-DASH-2-DOT, which is provided by
the U.S. Department of Transportation (DOT).
One of the easiest ways to keep track if any recalls have been issued for your
car seat is for you to register it. If you have an older model that has not been
registered, the Auto Safety Hotline provides information on how to do so.
Before you call the Auto Safety Hotline, however, you should have the
Manufacturer's Name, the car seat's name and model number, and the date
of manufacture readily available. You may find this information on labels that
are typically attached on the back, the side, or underneath the car seat. If the
information is in number codes, it may be best to have the car seat readily
available when you make your call.
Of course, when initially purchasing a car seat for your child, you may wish
to first consult a consumer reporting agency and pay close attention to
height and weight limits of the car seat as your child grows. You should
also make sure that the car seat is compatible with your car."
For many years, hospitals, pharmaceutical companies, insurance companies, and defendants generally have settled cases with the caveat that the settlement and facts of the case be kept secret forever. Although their wrongdoing may have seriously, if not fatally, injured victims, their goal was to shield the rest of the world from their misconduct. In a recent decision governing the professional conduct of lawyers, the District of Columbia Office of Bar Counsel has made clear that a settlement agreement “may not compel counsel to keep confidential . . . public information about the case, such as the name of the opponent, the allegations set forth in the complaint on file, or the fact that the case has settled.” Bar Counsel rightly determined that, among other things, suppression of this information works to keep important information from other victims who deserve to know that their injuries may have been caused by the wrongdoing of others.
For the complete text of the rule governing lawyer conduct, please click here.
Fire fatalities have steadily declined in the United States over the last few decades due in part to improved building codes requiring safety measures such as sprinkler systems, multiple fire exits and fire-resistant construction materials. The recent deadly blaze in the Bronx, however, serves as a reminder that many of the country's big cities are packed with homes that have none of these safety features. The March 7, 2007 fire claimed 10 lives when flames ignited by a space heater ripped through a century-old town house inhabited by two immigrant families from West Africa. Investigators discovered a variety of dangerous conditions in the three-story home, such as no sprinklers or fire escape and only one stairwell, leaving residents no way out once that exit was blocked by flames. The house had only two smoke detectors, neither of which had working batteries or was hard-wired to the electrical system, and was crowded with 22 residents, most of them children. None of these deficiencies appeared to violate the city's building code.
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As recently reported by All Headline News: "With the recent onset of numerous outbreaks of potential and significant health risks associated with contaminated food products, the Food and Drug Administration has begun a pilot program to better educate consumers about recalled food products.
The program will last for the next six months, with a possible extension for the evaluation period at the end of the six months.
The FDA intends to provide consumers with a photograph of the principal food product that is under investigation or has been recalled through the program. The addition of photographs will further help consumers identify the potential health-risk related food product.
This proactive approach is just one of several measures that the FDA is planning to help consumers become better educated and to improve public health and food safety awareness.
The FDA provides information on significant food risks that may possibly be contaminated with dangerous microorganisms. These include (but are not limited to) the following: salmonella, E. Coli, listeria and allergens.
The products involved in this program will include potentially dangerous class I food products. The class I product recalls exist when there is a probable exposure to a food product that can cause serious harmful risks to human health, including potential death.
All product recalls are not included in the pilot program. Class II food products may fall into the FDA's reports, but anything in the Class III category will not be covered by this program.
In 2006, the FDA reports there were more than 100 class I recalls on food products, with an average of 188 class I food recalls during the last five-year period.
The FDA is in agreement with both consumers and consumer group advocates in that the addition of photographs may benefit consumers by allowing a visual identification of the recalled food products through this pilot program.
At the end of the six-month period, the FDA will evaluate whether or not the program was effective. Industry and consumer feedback will help the FDA decide whether or not to continue this format. Therefore, comments are strongly encouraged from the food industry and public consumers by e-mail to the FDA at pilotphotofoods@fda.hhs.gov.
If this program if found to be successful, with a heavy weight being based on the responses that the FDA receives, the program will be considered as a complimentary enhanced benefit for the future."
As recently reported in the Washington Post, area transportation officials are targeting specific locations throughout the city that are particularly dangerous for pedestrians. Identification of the trouble spots is the first step in their study of ways to manage traffic flow with pedestrian safety.
Based on accident statistics from 1998-2004, following are the ten most dangerous intersections in Washington, DC:
Benning Road and Minnesota Avenue, NE - 19 accidents
Seventh Street and Pennsylvania Avenue, NW - 16 accidents
Bladensburg Road and New York Avenue, NE - 14 accidents
North Carolina Street and New York Avenue, NE - 14 accidents
Alabama Avenue and Stanton Road, SE - 14 accidents
12th Street and Pennsylvania Avenue, NW - 12 accidents
18th Street and Columbia Road, NW - 11 accidents
East Capitol Street and Benning Road, NE - 11 accidents
17th Street and K Street NW - 10 accidents
Mississippi Avenue and Wheeler Road, SE - 10 accidents
According to George Branyan, coordinator of pedestrian programs for the D.C. Department of Transportation, a master plan is being developed to address pedestrian safety. Some measures already put in place include signage changes, pedestrian marking changes, signal timing sequence adjustments, upgrade of traffic signals, and installation of higher-intensity light bulbs. Other considerations are illuminated crosswalks, narrowing intersections by adding curb extensions to sidewalks, road dieting (narrowing streets to reduce speeds), and traffic-calming devices (speed humps). Along with the safety measures, transportation experts maintain that keeping traffic flowing is still an important consideration. Planners and traffic engineers can only do so much to increase pedestrian safety. In the end, as Mr. Branyon stated, "It's up to the drivers. We just have to get them to obey the law."
When surveying snow covered ground, one’s first thought often relates to how to dig out. The second thought should be whether one is physically ready to do so. "If your body isn't prepared for shoveling snow, your chances of sustaining muscle pulls and strains will increase," said Dr. Susan Wainwright, vice chair of the Department of Physical Therapy at University of the Sciences in Philadelphia (USP). "A lot of 'weekend warriors' who play basketball or football won't think twice about stretching before they play, but they'll carelessly go out and shovel snow without any type of warm up," said Dr. Wainwright. "Back injuries are one of the most common injuries when snow falls."
Throughout the campus of the Providence Hospital in Northeast Washington, lighting up is now off-limits -- banished from porticoes, walkways, even the parking areas and loading dock.
As reported in the Washington Post, the prohibition makes Providence the first health-care facility in the District to declare its property puff-and-snuff free and one of the few in the region, joining the likes of Johns Hopkins Hospital in Baltimore, Civista Medical Center in La Plata and Mary Washington Hospital in Fredericksburg. The biggest notices, bright blue and unavoidable, are posted at all the driveway entrances to Providence Hospital. Outside its doors are more signs with the telltale slash mark. And on a lawn gazebo, which until Jan. 1 was one of the last remaining refuges, is this polite but firm directive:
"Providence Is Now Tobacco Free. No Smoking, Please. Thanks."
A stroke patient who quit smoking because his "body forgot the urge to smoke" may hold the key that unlocks the chains of addiction. As reported in Web MD, that key appears to be a region on the right and left sides of the brain called the insula. The insula is thought to control conscious urges. One study showed that drug addicts who relapse have high-level insula activity during decision-making tasks.
According to the San Francisco Chronicle, lead author Antoine Bechara, PhD wondered, "(W)hat happens to addictions when there's damage to the insula?" Beginning smokers initially might derive pleasure from tobacco, but longtime smokers who are trying to quit often say it's not the longing for pleasure that keeps the habit going. Instead, a cigarette can seem the only way to satisfy a biological need to feel "normal." In those cases, Bechara said, "it turns out it's the insula that is the culprit,"
To find out, Dr. Bechara, along with Hanna Damasio of USC and other colleagues, compared people who quit smoking after injury to the insula with those who quit after suffering brain damage that did not include the insula. Not all of the patients had strokes.
Twelve of 13 patients with damage to the insula quit smoking soon after their brain damage, never started smoking again, found it easy to quit, and, after quitting, never again felt the urge to smoke. In other words, they lost their smoking addiction. Loss of smoking addiction occurred in only four of 19 patients without insula damage. None of the insula-damaged patients who lost their smoking addiction lost their desire for food or ate less.
As recently reported by the International Brotherhood of Teamsters, attorneys representing several safety advocate groups challenged proposed regulations that apply to the number of hours truck drivers may operate their vehicles. The safety advocates, which include Public Citizen, urged a Court of Appeals to overturn a rule issued in August 2005 by the Federal Motor Carrier Safety Administration (MCSA).
The proposed rule dramatically increases the number of hours that truckers may drive without a break and the number of hours truckers may drive per week. According to Teamsters General President, Jim Hoffa, " There is no excuse for such blatant disregard for the health and safety of the highly trained men and women who are responsible for negotiating big rigs throughout our country."
The U.S. Consumer Product Safety Commission (CPSC) has recently announced that Nexgrill Industries Inc. has agreed to pay a $300,000 civil penalty to settle allegations that the company failed to report a hazard with its gas grills. The penalty has been provisionally accepted by the Commission.
The Commission reported that "[B]etween April 2004 and October 2005, Nexgrill received 20 reports of gas grill fires, including three reports of minor burn injuries." Nexgrill failed to report the defect to the Commission for at least 10 months. For more information, please review the Commission's announcement as well as the recall.
If you have any questions concerning this topic, please email the lawyers at Regan Zambri & Long or call us at (202) 463-3030.
The US Consumer Product Safety Commission (CPSC) recently announced that the Hoover Company has agreed to pay a $750,000 civil penalty. The penalty, which the Commission has provisionally accepted, settles allegations that the company failed to report to CPSC the sale of vacuum cleaners with defective on-off switches that can overheat and cause the vacuum cleaner to catch fire.
In April 2005, Hoover conducted a recall of 636,000 Hoover Self-Propelled Upright Vacuum Cleaners because of defective on-off switches. In June 2004, after CPSC received notice of several vacuum cleaner incidents, the Commission staff requested Hoover provide a full report of incident information. In July 2004, when Hoover submitted a full report, it had notice of 260 consumer incidents, of which 141 involved reports of fire. Additionally, there was one report of a minor burn injury. Hoover first learned of a vacuum cleaner switch when one of these units overheated and melted in April 1999.
For more information concerning this topic, please review the Commission's announcement.
According to a report by Bloomberg news, the Center for Auto Safety (CAS) wants federal regulators to restrict the use of systems that automakers are building into their vehicles so motorists are unable to make phone calls or fiddle with other interactive gear while driving.
CAS filed a petition for rulemaking on January 22, 2007 with the National Highway Traffic Safety Administration (NHTSA) requesting that the agency develop rules prohibiting the use of such built-in systems while a vehicle is in motion. CAS said traffic accidents will increase if drivers pay more attention to their personal affairs than to the road.
Colder winter temperatures bring a risk of frozen water pipes. Along with frozen water pipes come creative and dangerous attempts for thawing them. Every winter, homes are damaged or destroyed and lives are lost because people use propane torches or other flame sources for thawing water pipes. Homeowners located in areas of the country with generally mild winters are often the least prepared for freezing temperatures and frozen water pipes. As reported by Washington Post, a local handyman attempted to thaw his frozen water pipes with a propane torch. If he had to do it over again, he said he'd call a plumber.
As the population ages, so does the number of aging drivers. Although traffic statistics do not show that 75-year-old drivers present a menace to highway safety, older drivers are more likely to be involved in an automobile crash. By age 85, older drivers are more likely to crash than all drivers except 16-year-olds, according to the Insurance Institute for Highway Safety (IIHS). If these older drivers are so likely to crash, why don't the statistics show that? Self selection limits when older drivers are on the road: they drive less, they avoid rush hour, they wear seat belts, their crashes tend to be fender benders.
In spite of what the statistics may reveal, older drivers are dangerous, both to themselves and to other drivers and pedestrians. The best time to deal with the issue is before it becomes a problem. Although a sense of independence accompanies a driver's license, safety issues outweigh that independence.
Friends and family should be alert to warning signs that someone's age has affected their driving abilities. According to AARP, some of the warning signs include:
Stops in traffic for no reason
Confuses gas and brake pedals
Fails to stop at a stop sign or red light
Gets lost in familiar territory
Becomes confused at exits
Has trouble staying in lane
Slow response in unexpected situations
Trouble with turns
Fails to notice traffic signs
Scrapes on the car or mailbox, or in the garage
Hits the curb
Can no longer park well
Doesn't use correct signal
Has medical conditions or takes medications that may affect driving.
If you or a family member has suffered injuries in connection with an automobile accident, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our electronic newsletter, please click here.
While small cars may be back in vogue, according to the latest crash test results they do not provide you with the same protection as sport utility vehicles (SUVs) or pick up trucks. According to the Insurance Institute for Highway Safety (IIHS), only one of the eight models tested, the Nissan Versa, received high marks in both side and rear crash tests. Three of the other models, the Toyota Yaris, the Honda Fit and the BMW Mini Cooper, scored well in side tests but received low ratings in rear tests.
Experts caution that even the safest subcompact car cannot overcome its inherent size and weight disadvantage. On average, subcompacts weigh 4,000 pounds less than midsize SUVs like the Ford Explorer. "People traveling in small, light cars are at a disadvantage, especially when they collide with bigger, heavier vehicles. The laws of physics dictate this," says Institute president Adrian Lund.
According to a study by the National Highway Traffic Safety Administration (NHTSA), many parents continue to improperly use the LATCH (Lower Anchors and Tethers for Children) technology designed to better secure child safety seats to vehicles due to a lack of education about the system. “LATCH was supposed to simplify child safety seat installation for parents and this study shows that isn’t happening,” said NHTSA Administrator Nicole R. Nason. LATCH is an installation system that was created to standardize the manner in which child safety seats are attached to vehicles without using a seat belt. LATCH consists of two lower attachments and an upper tether on a child safety seat that connect with lower anchors and a top tether built into a vehicle’s back seat.
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As reported by Forbes.com, the Insurance Institute for Highway Safety (IIHS) shocked the automotive world in October 2005 by announcing that side airbags that protect people's heads are reducing driver deaths in cars struck on the driver's side by an estimated 37%. Currently, side airbags are not always standard, and as the safety bar ratchets ever higher, cars without them are lagging in safety ratings. This is evident in the Forbes Magazine list of the least-safe cars for 2007. In crash tests, a car with side airbags can be among the best performers. Without them, its ratings can fall dramatically.
Automobile safety groups recently revealed the innovative Jordan Rollover System (JRS), a superior test device for analyzing the strength of a vehicle's roof as well as the automobile's rollover crash protection. The system tests vehicles under "real-world conditions". Unfortunately, the automobile industry doesn't want you to see the test results and they balk at federal requirements for stronger vehicle roofs.
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Video game consoles are always popular gifts for the holiday season. Retailers are reporting they can’t keep the latest and greatest gaming devices on their shelves. The U.S. Consumer Product Safety Commission (CPSC) is releasing information on how to keep gaming devices from overheating.
Since 2000, the CPSC has received reports on 226 incidents involving electronic game systems. 107 of those reports indicated some form of overheating or fire, including 15 cases of injury.
To promote safe use of these devices the CPSC offers the following tips:
"Read the owners manual for information on how to install and use the gaming device.
Do not place the system on soft surfaces, such as a bed, sofa or carpeting that can block ventilation openings.
Do not place the system in confined areas, such as an entertainment unit, bookcase or rack, unless the space is well ventilated.
Do not install the system near heat sources, such as heat registers, radiators or heaters.
Do not overload electrical sockets with too many devices.
Do not expose the system to extreme heat or cold.
Keep the system on a level surface.
Turn the system off when not in use.
Unplug the system in the event of storms or severe weather.
Never use a game system with a damaged power supply cord.
Only use attachments that are specified as compatible by the manufacturer."
Earlier this year, the D.C. Council passed the Pedestrian Protection Bus Safety Amendment Act of 2006. The purpose of the act is to protect pedestrians by prohibiting motor vehicle drivers from passing on the left and pulling in front of a bus in order to make a right turn when the bus is at a bus stop or intersection to pick up or discharge passengers. The vehicle must stay or merge behind the bus before turning.
During the month of December, warning notices are being issued to drivers. D.C. government agencies are informing drivers and encouraging them to be careful of pedestrians around buses. Beginning on January 1, 2007, violators will be fined at least $100.00.
This law applies to the following public transit buses that operate in the District: Metrobuses, Downtown Circulator, Georgetown "Blue Buses," Maryland and Virginia state commuter charters and Tourmobile vehicles.
Recently, the National Highway Traffic Safety administration (NHTSA) issued a proposed rule which would drastically restrict the public’s access to “early warning data” compiled by the automobile and tire industry, concerning potential defects and other safety hazards. Following the Ford-Firestone tragedies, Congress required NHTSA to create the early warning database to protect the public’s right to know about developing evidence of safety concerns. According to Public Citizen, NHTSA attempted to thwart the will of Congress in 2002 with a proposed rule, but that effort failed. Recently, NHTSA proposed the same rule in an effort to once again restrict the public's access to information Congress intended to provide. For more information, please feel free to visit www.citizen.org.
If you or a family member believes that you have a case involving safety hazards in cars, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
According to the National Highway Traffic Safety Administration (NHTSA), in 2005 there were 16,885 alcohol-related fatalities in traffic crashes. About 40% of all traffic-related deaths are alcohol-related. According to the Centers for Disease Control and Prevention (CDC), activities that have reduced fatal alcohol-related fatal crashes include minimum legal drinking age laws, "zero tolerance" laws, sobriety checkpoints, stronger DUI prevention activities, special penalties in some states to protect children from drunk drivers, and reviews of community-based interventions by the Task Force on Community Preventive Services (an independent, nonfederal panel of community health experts).
A blue-ribbon panel of experts was appointed on November 20, 2006 to study new technologies aimed at decreasing drunken driving on the nation's roadways. Members of the technology panel include the U.S. Transportation Secretary, the National Highway Traffic Safety Administration chief, Mothers Against Drunk Driving, the Alliance of Automotive Manufacturers, the International Association of Chiefs of Police, and the Insurance Institute for Highway Safety (IIHS) vice president, as well as other groups. According to Susan Ferguson, the IIHS vice president, "We need to take a close up look to determine which of these technologies are up to the job. We can't catch all of the drunk drivers on the road before they get into accidents."
Some of the technologies being considered in this study include:
Ignition interlocks that screen alcohol-breath and prevent a vehicle from starting if the breath test is failed.
Infrared cameras that monitor eye movement to determine whether someone has been drinking.
Tissue spectroscopy that uses a light on the skin to analyze its chemical makeup and alcohol content.
Forty-five states allow courts to require ignition devices. Some states already require ignition interlocks for first time drunk driving offenders. In many other cases, courts do not order them, despite laws in 20 states requiring them for repeat offenders. Last year, an estimated 80,000 interlock devices were on the roads, in contrast to the 1,400,000 drunken driving arrests.
As reported recently by the Washington Post, "The National Transportation Safety Board urged the federal and state governments to forbid motor coach and school bus drivers from using cell phones while driving, except in emergencies.
The recommendation came in an NTSB report on a non-fatal bus accident on the George Washington Memorial Parkway in Alexandria in November 2004. The tour bus of Catholic school students from Massachusetts slammed into a low, stone overpass along the parkway, crushing the roof and injuring 11 teenagers on a class trip, according to police and the NTSB.
The bus driver was talking on a hands-free cell phone at the time of the accident, and he told investigators he did not see the signs on the parkway that alert motorists to the height of the overpass, the NTSB said."
The press release by the National Transportation Safety Board (NTSB reports that "the Federal Motor Carrier Safety Administration and the 50 States and District of Columbia prohibit CDL holders with a passenger-carrying or school bus endorsement from using cell phones while driving those vehicles, except in emergencies. The Board also recommended that the bus associations develop formal policies for their members containing the same proscriptions.
The Board noted that the extent of the problem of cell phone use is unknown because of inadequate statistics, and the Board reiterated previous recommendations to the 20 states that do not have driver distraction codes on their accident investigation forms to add interactive wireless communication device use to those forms."
Low light and dark conditions make bicycle riding more dangerous than usual. Consequently, cyclists should exercise additional caution and make certain that their lights are in good working condition. According to a recent article in the Medford (OR) News Tribune, bicycle lights serve three primary purposes:
To help the rider see the road ahead.
To be seen by others quickly and easily.
To help oncoming motorists identify the direction the cyclist is traveling in (white lights are on the front of the bicycle, red or yellow behind).
"The Consumer Product Safety Commission (CPSC) requires all new bicycles to have a forward facing white reflector on the front of the bicycle, sideways facing white reflectors on each wheel, a red reflector mounted on the rear, and yellow reflectors mounted on the front and back of each pedal."
Other recommendations by the CPSC include:
"Be sure your bike has reflectors required on all new bicycles by the CPSC bicycle regulation. Each bike should have front and rear reflectors, pedal reflectors, and side rim or wheel reflectors. Use front and rear lights (as required in many States) to help make your bicycle more noticeable to cars at night. Small battery-operated lamps strapped to your legs also help.
Wear reflective clothing to make yourself more visible to automobile drivers. Wear a reflective vest, reflective bands on arms and legs, and reflectorized tape on helmet.
Always wear a good helmet with a rigid (but crushable) interior material which may help absorb the force of an impact. (This is important for daytime riding, too.)
Never allow children to ride at night.
Avoid riding on dark, narrow roadways where the posted speed limit is more than 35 mph."
As we reported previously in the DC Metro Area Personal Injury Law Blog, the National Highway Traffic Safety Administration (NHTSA) recommends electronic stability control (ESC) features for all vehicles by 2012, calling it safety technology on par with seat belts and air bags. The Insurance Institute for Highway Safety, Consumers Union and Public Citizen all argue that the benefits of electronic stability control should cause the implementation schedule to be accelerated before the mandatory deadline of 2012. Consumers Union also said that NHTSA should force auto makers to meet a 2010 for deadline for equipping all vehicles with electronic stability control (ESC) and should have used perspectives from groups other than automakers for its research.
However, according to a recent article in the Detroit Free Press, the auto industry wants to modify that schedule significantly, citing technical concerns and more time needed. In a joint statement, the Alliance for Automobile Manufacturers and the Association of International Automobile Manufacturers also warn that the NHTSA's estimates of the benefits may be "overly optimistic" and based on limited data.
If you or a family member believes that you have a case involving an automobile crash, please contact us on-line at Regan Zambri & Long or call us a 202-463-3030 for a free consultation. If you would Ike to receive our complimentary electronic newsletter, please click here.
In order to reduce rising numbers of highway fatalities, more Americans must take steps to protect themselves, U.S. Secretary of Transportation Mary E. Peters recently said in connection with a study released on November 28, 2006 announcing changes in the seat belt and helmet use figures from 2005 to 2006.
In a November 21, 2006 release, the U.S. Public Interest Research Group (U.S. PIRG) has called for warning labels on toys with magnets after more than 4 million Mattel, Inc. play sets were recalled due to injuries to several children who swallowed magnets that fell off. The U.S. Consumer Product Safety Commission (CPSC), which announced the recall of magnetic Polly Pocket sets as the holiday gift-buying season begins, urged shoppers to avoid buying toy sets with small magnets for children under 6. The recall does not include Polly Pocket play sets now on store shelves, which were redesigned to make them safer, according to CPSC spokesperson, Scott Wolfson. The CPSC received nearly 200 reports of the small magnets falling from Polly Pocket dolls and accessories. Three children swallowed more than one magnet and suffered intestinal perforation that required surgery. U.S. PIRG said the CPSC should require labels on all magnetic toys warning parents to seek immediate medical help if their child has swallowed a magnet.
While one in five students reported smoking, those who scored higher on the research’s “smoking media literacy” score were significantly less likely to be smokers or become smokers in the future.
According to the Consumer Public Safety Commission, 202,300 children were treated in emergency rooms in 2005 due to toy-related injuries. Included among those injuries were 7,820 children under 15 who suffered from eye injuries, most of whom were injured by air, BB or Spring guns. Most of the injuries were not caused by defective products.
Prevent Blindness America, a volunteer eye health and safety organization, recommends the following toy safety tips:
"Avoid toys that shoot or include parts that fly off.
Slingshots and even water guns are dangerous because they invite children to target other kids.
BB guns should not even be considered toys.
Inspect toys for sturdiness. Your child’s toys should be durable with no sharp edges or points. The toys should also withstand impact.
Look for the letters “ASTM.” This means the product meets the national safety standards set by the American Society for Testing and Materials (ASTM).
Don’t give toys with small parts to young children. Young kids tend to put things in their mouths, increasing the risk of choking.
Read directions carefully and follow suggested age levels. Ask yourself if the toy is right for your child’s ability and age.
Repair or throw away damaged toys.
Keep toys meant for older children away from younger ones.
Make a list of safety rules and share them with your child. If your child is playing with friends, tell everyone your safety rules.
Remain aware of recalled products. For further information on toy and product recalls, visit the U.S. Product Safety Commission Web site at www.cpsc.gov."
According the Centers for Disease Control and Prevention (CDC), the main cause for accidental death among people age 65 and older is falling. Fatal fall rates rose for both men and women between 1993 and 2003, with men's rates increasing by 45% and women's rates increasing by 60%. The statistics are available in CDC's Morbidity and Mortality Weekly Report.
More Americans travel on the roads during the holiday season than at any other time during the year. This increase in travel occurs right when the days are shortest and weather is most unpredictable. The following safety tips provided by lanl.gov illustrate the need for planning ahead and driving responsibly:
"Plan ahead to avoid a bumpy road
Allow extra time in a travel schedule. Bad traffic can often be avoided with a little preparation. The heaviest travel days are usually before and after Thanksgiving, Christmas and New Year's Day. Consider taking an extra day off so that you aren't stuck in the pack. Also, try to minimize holiday stress by getting the bulk of your shopping done well before the holiday.
Make sure cars are well-equipped for travel. Breaking down in the dark, in bad weather or in the cold can crush the holiday spirit. It's a good idea to take the car in for a winter "check-up." A mechanic can inspect the antifreeze, battery, windshield wipers and other cold-weather components. Make sure that the tire pressure is at the recommended levels, as tires can be hazardous in wet weather when they are not filled to proper levels.
Think before you drive. Leon James, professor of psychology at the University of Hawaii and an expert on driver psychology, reminds us that the highways are a community. As much as we may want to think we are isolated in our steel and glass bubbles, driving is really a social interaction without words. To understand holiday driving conditions, think of the way people act outside of their cars in this time of year. Many are worried, preoccupied, hurried, distracted and all those states of mind that make them easily agitated and less careful. On the road, this means that everyone should be more vigilant than usual, give people more distance and be forgiving when someone does something rash or absent-minded. Avoid confrontations, and try not to let other drivers bring you out of the happy holiday zone.
Ease on down the road
Don't think of driving as a chore. Consider traveling to be part of the vacation. Rather than getting cranky from thinking that you are losing vacation time, try to find ways to enjoy the time you spend driving. This might include playing favorite holiday music or pre-recorded holiday "talking books," singing holiday carols or chatting with passengers as if sitting on the couch back at home.
Carry equipment for on-the-road emergencies. If traveling in bad weather or in snow country, prepare for problems by packing flares, blankets, a first-aid kit, flashlight, water and snacks. It's useful to have a shovel to dig out the wheels in case you get stuck, and a bag of kitty litter to pour under the wheels for traction. Also remember to pack the cell phone for emergencies, but be prudent about using it while driving in holiday traffic or in bad weather.
Pack tire chains if you heading into the snow, and consider putting them on before leaving home.
Drive responsibly. Once you get on the road, drive slowly and carefully. It's the time of year when to-do lists can run long, and we all have places where we would much rather be than on the road, but a defensive approach pays off in the long run. Don't drink and drive. Be aware of your physical and legal limits and the potential dangers of intoxicated driving. To avoid other drivers who may have celebrated too much, stay off the roads at high-risk times, such as after nightfall on New Year's Eve."
Many of us use decorative lights, candles and/or trees this time of season. All of them can become fire hazards. We encourage everyone to take appropriate safety precautions so that this time of year can be joyous, not tragic.
Here are some safety tips we encourage you to follow:
1. If decorating with a tree, choose a fresh tree, one that is not shedding needles. Make a fresh cut at the end of the trunk to open the tree's pores. This will allow the tree to absorb water more easily. Place the tree in a sturdy stand and feed it plain water. Be sure the tree is watered daily. Of course, keep the tree away from heat sources. Remember, a dry tree becomes a great fire hazard.
2. Holiday lights are beautiful but can be very dangerous. Do not mount or place them near gas or electric heaters, fireplaces, candles or other sources of heat. Avoid puncturing the insulation of the lightset with nails or staples. Always unplug lightbulbs when leaving the house or when going to sleep. Be sure the lights are not used as toys by children. Do not cover lightbulbs with cloth, paper, or any other material. When replacing lightbulbs, always use replacement bulbs with appropriate voltage and wattage. Also, never overload the electrical wiring by connecting too many lightsets together.
3. Be sure all of your smoke alarms are properly installed and in good working condition.
From our family to yours, we wish you a very healthy, safe, and happy holiday season. If you have any questions at all about the products you are using during the holidays, please feel free to contact us.
Omaha Beef Company recalled 1,680 pounds of ground beef, according to the Food Safety and Inspection Service at the U.S. Department of Agriculture. The beef was sent to restaurants in Connecticut and southern New York State. The problem was discovered through routine FSIS testing.
Consumers should cook all beef thoroughly to 160 degrees in order to be safe.
If you or a family member believes that you have a case involving serious injuries as a result of food poisoning at a restaurant, please contact us on–line at Regan Zambri & Long or call is at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
Consumer Affairs reports that automakers are urging the National Highway Traffic Safety Administration (NHTSA) to reconsider its proposed regulations regarding roof crush resistance requirements. The goal of NHTSA's proposed standards is to increase vehicle roof strength by more than 50% in an effort to reduce deaths and serious injuries from rollover crashes. Rollover crashes account for roughly 10,000 fatalities annually, which is 25% of all traffic deaths in the United States.
The discourse regarding whether or not iPods and similar new gadgets are causing measurable hearing loss based on time the device is used, particularly in young consumers is an ongoing debate. A recent Harvard study presented at a conference on noise-induced hearing loss in children may alleviate some concerns regarding use of devices at normal volumes.
While all states use some combination of age and weight requirements for children and the mandatory use of child restraints in the form of car seats or booster seats, the overwhelming majority of states have no associated or alternative height requirement, according to the National Highway Traffic Safety Administration (NHTSA). There is, however, a height recommendation advanced by NHTSA, and through billboards and other media, NHTSA is promoting the message that children should ride in booster seats until they are at least 4-feet, 9 inches tall. The reason is very simple - seat belts, according to NHTSA, are designed for people who are at least that tall. In fact, NHTSA also reports that shorter children wearing seat belts only are four times more likely to suffer serious head injuries during a collision than children in child seats or booster seats.
Carbon monoxide (CO) is a colorless, odorless gas produced by burning material containing carbon. CO poisoning can cause brain damage and, in severe cases, death. Because you cannot see it, smell it, or taste it, even at toxic or life threatening levels, it is considered a silent killer. Since so many deaths occur as the result of defective or poorly operated home heating devices, CO has been termed the "silent, cold weather killer." According to eMedicineHealth, it is the leading cause of accidental poisoning deaths in the United States. The U.S. Centers for Disease Control and Prevention (CDC) reports that, while all people are at risk for CO poisoning, certain groups — unborn babies, infants, and people with chronic heart disease, anemia, or respiratory problems — are more susceptible to its effects.
October is AAA Car Care Month. Results of a new poll by the Rubber Manufacturers Association (RMA) show that 86% of motorists don’t know how to check tire pressure, this represents a serious weakness in car maintenance that could cause accidents and injuries.
The University of Michigan Trauma Burn Center reports that on Halloween between 4 and 10pm there is a significant increase in falls, pedestrian injuries, and burn-related injuries. In fact children are four and a half times more likely to get struck by a car on Halloween night than any other night of the year.
Traffic deaths have increased to the highest level since 1990. According to the National Highway Traffic Safety Administration, the increase was due to more motorcycle and pedestrian deaths.
43,443 people were killed on the highways last year, up 1.4 percent from 42,836 in 2004, as reported by the National Highway Traffic Safety Administration. It was the highest number in a single year since 1990, when 44,599 people were killed.
According to the National Crime Prevention Council and the U.S. Postal Inspection Service, identity theft is the fastest growing crime in America, resulting in almost 10 million reported victims in 2004, and costing consumers $5 billion. According to the NCPC, victims report spending 30 hours and approximately $500, trying to recover after an identity crime. The numbers are staggering. All a thief needs is your Social Security Number to commit a crime.
Here are a few tips form the U.S. Postal Service:
Review your consumer credit reports annually.
Shred and destroy unwanted documents that contain personal information.
Deposit mail in U.S. Postal Service collection boxes.
Don’t leave mail in your mailbox overnight or on weekends.
The upcoming holiday season is prime vacation and travel season. For travelers within their own state or those visiting other cities for the first time, Diane Goldberg with USA Tourist , provides the following personal safety tips for vacationers and tourists alike:
Non-residents who are visiting an area for the first time should talk to locals about locations to avoid, especially at night.
Non-residents who are visiting an area for the first time should talk to locals about locations to avoid, especially at night.
·The U.S. is predominantly a car-dependent country, especially in areas outside of large cities where public transportation is not always available. Tourists should rent a cell phone for travels or ensure that their own phones are fully charged. Continue Reading...
The U.S. Fire Administration (USFA) has labeled October as National Fire Safety Month. Across the country, fire departments will be focusing on educating the public on the importance of fire safety. Each year many lives are lost to fire. Many of these losses could have been avoided had proper precautions been taken. Fire Safety Month provides an excellent opportunity to focus on fire prevention and bring fire related issues to the forefront. There are numerous things that you can do to ensure that your family is prepared for a fire emergency. An excellent resource for fire safety tips is the USFA's handbook entitled: "Working Together for Fire Home Safety." The most important fire safety related tips that you can do for your family are to:
Properly install, maintain, and test smoke detectors on each floor, outside each sleeping area, and in each bedroom.
Develop and then practice your family's home fire escape plan. Everyone should know exactly what to do if you need to escape from your home.
The National Highway Transportation Safety Administration (NHTSA) recently proposed that all vehicles include an electronic stability control (ESC) feature. ESC is the generic term for systems designed to improve a vehicle’s handling, particularly at limits where the driver is more likely to lose control of the vehicle. It uses brakes and engine power to keep a vehicle from veering out of control.
According to studies by the National Institute for Highway Safety, fatalities would be reduced by 50% in single vehicle crashes and all crashes by more than one-third. The leading public health issue for teenagers is car crashes, since teens account for a disproportionate number of automobile crashes. Teenage drivers are involved in more single car crashes for a number of reasons, most often because they drive fast, they are more easily distracted, and they don’t use safety belts as frequently as older drivers.
NHTSA expects that, if adopted, the electronic stability control feature would become as revolutionary in vehicle crash safety as seat belts. Although seat belts protect when an accident happens, ESC prevents many accidents from happening.
If you or a family member believes that you have a case involving an automobile crash, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a discrimination law suit against the popular restaurant chain Denny’s. The law suit alleges discrimination against disabled employees who were not provided reasonable accommodation as required by the American Disabilities Act (ADA) and fired after denial of medical leave related to their disability.
Court officials for the Federal and District of Columbia courts are warning citizens of an identity theft scam. Bogus calls are made by individuals claiming to be court officials, requesting confidential information, and threatening citizens with prosecution. The individual claims that a warrant is out for the citizen's arrest for failure to report for grand jury duty, then proceeds to ask for confidential information.
According to Dick Carelli, a spokesman for the federal court system, "Nobody from the District Court should be calling for jury duty. That's all done through the mail." He advises that anyone who receives such a call should hang up, then call the FBI or the courts.
Contact DC Courts for verfication of jury duty either through the DC Courts website or by calling 202-879-4604 or 202-879-1604.
District of Columbia main office: 202-354-3000.
Virginia Eastern District Court: 703-299-2100.
Maryland District Court Greenbelt Divisional Office: 301-344-0660.
The Insurance Institute for Highway Safety released a study showing that drivers using phones are four times as likely to get into accidents with a high probability of injury.
The study was conducted in Western Australia, because US phone companies were not willing to release records. The study compared phone use within 10 minutes of an actual crash occurring. Between April 2002 and July 2004, the experience of approximately 500 drivers, all of whom received treatment in hospital emergency rooms for injuries sustained, served to verify 1997 research showing such phone usage was consistent with a fourfold increase in crashes involving property damage.
The American Academy of Dermatology (AAD) has issued a statement endorsing the World Health Organization’s (WHO) recommendation that no one under the age of 18 should use a tanning bed. The AAD is concerned with the rising incidence of skin cancer diagnosis in America.
Skin cancer, the most common type of cancer, is caused by ultraviolet rays. Tanning beds are known to emit significant amounts of both UVA and UVB rays. These rays are so dangerous that the United States Department of Health and Human Services recently listed them as known carcinogens.
In Virginia, if your new car has either (1) been serviced three or more times for the same problem, or
(2) been out of service for more than 30 days in the last year, you may have it classified as a “lemon.” This classification means that the dealer or previous owner who sold it to you has to refund your money. To start the proceedings, please contact the State Office of Consumer Affairs at (804) 786-2042. You must start the claim within 18 months of first receiving the car.
For more information about Virignia's Lemon Law, contact:
Office of Consumer Affairs
Virginia Department of Agriculture and Consumer Services
1100 Bank Street
Washington Building, Room 100
Richmond, VA 23219
(804) 786-2042
1-800-552-9963
Maryland’s law applies to new or leased cars that are less than 15 months old and have fewer than 15,000 miles on them. The law provides that, upon written notice, the dealer or manufacturer has 30 days to correct the problem. If he does not do so, the buyer is entitled to a replacement or full refund if:
A brake or steering malfunction is not corrected in the first repair, and this causes the car to fail Maryland inspection; or
Any one problem that substantially impairs the use and market value of the car is not repaired in four attempts; or
Any number of problems that substantially impairs the use and market value of the car have caused it to be out of service for more than 30 days since purchase.
In 2005, U.S. emergency rooms treated over 500,000 bicycle-related head injuries involving children under the age of 15, according to statistics cited by the U.S Consumer Product Safety Commission (CPSC). Other causes listed among the top ten of head injuries: football, baseball and softball, basketball, water sports, skateboards and scooters, powered recreational vehicles, winter sports, soccer and trampolines.
Dr. Arthur Day, vice president of AANS stated that, "It's just a common sense sort of situation. What we have to do is change the public perception that it's not cool to wear a helmet. Seatbelts used to be not very cool to use, but now everybody uses them."
The Food and Drug Administration and the Department of Agriculture allow small doses of carbon monoxide in packaging meats. The process is known as modified atmosphere packaging (MAP) and keeps meat looking red in the package for longer periods of time. A fierce regulatory battle was launched after allegations that recent research reports were misinterpreted. Opposing groups focus on whether the red appearance of treated meat is a valid indicator for consumers who are trying to decide if the meat is fresh.
The Houston Chronicle reports that the National Transportation Safety Board is investigating a fire that killed 23 nursing home patients last fall. A fire quickly spread throughout the bus.
The federal government requires that all buses carry a 5-pound fire extinguisher, but the NTSB has found the extinguisher to be completely ineffective against tire fires such as the one here. Larry Plachno, publisher of National Bus Trader, explains that, “Once a tire catches fire, it’s hopeless.” However, the NTSB was told that the extinguisher is able to put out almost any other type of fire it might encounter on the bus.
The National Resources Defense Council has issued a study called Testing The Waters, which discusses their annual survey of water quality on U.S. beaches. Maryland residents may be surprised to find that three beaches in Rock Hall - Bay Country Campground and Beach, Ferry Park, and Rock Hall Beach – violated federal water standards at least fifty percent of the time they were tested.
The NRDC estimates that at least 7 million Americans get sick each year swimming in polluted ocean water. The Great Lakes are even worse, as experts estimate that 11% of swimmers who put their heads underwater experience gastrointestinal problems.
Continue Reading...
The Insurance Institute for Highway Safety reports that the Kia Sedona and Subaru Impreza were the best performers in this spring’s test of minivans and small cars. The Sedona is the first minivan to earn the Top Safety Pick award and the Impreza is only the second small car to earn the award.
While other minivans perform well in front and side crash tests, the Sedona is the first to achieve a satisfactory level of rear crash protection, reports Institute president Adrian Lund. Lund praised Kia for designing the seat and head restraints for protection in “the most common kinds of commuter traffic crashes.” The most common form of injury from rear impact crashes is whiplash, which costs insurance agencies about $8.5 billion a year for about 2 million claims.
The Institute also tested a hybrid car for the first time, the Toyota Prius. The Prius performed well in front crash testing. However, when it came to side crash testing, the presence of the optional side air bags made a world of difference. Without the airbags, the dummy’s head struck the car with a force that was likely to cause serious skull fracture and brain injuries. With the optional airbags, all injury measures were low. Optional side airbags also proved critical in the side impact crashes of the Dodge Grand Caravan, which had similar results.
In D.C., if a new car does not conform to all warranties for the first 18,000 miles or two years (whichever comes first), the dealer is obligated to correct the defect at no charge, after being given written notice.
If the defect is uncorrectable after a “reasonable number of attempts,” the dealer must give the consumer a refund if the defect substantially impairs the use and market value of the car.
A “reasonable number of attempts” means (a) four or more attempts to fix a non-safety feature over two years, (b) one or more failed attempts to fix a safety feature, or (c) that the car has been out of service for more than 30 days during the time of ownership.
The U.S. Environmental Protection Agency (EPA) announced earlier this month that all uses of lidane as an agricultural insecticide would be banned in the future. Although existing supplies can be used up, manufactures have agreed to stop any new sales in the United States. Lidane is a toxic chemical known to cause seizures, damage the nervous system, and weaken the immune system. It was previously banned in 52 other countries.
However, the Food and Drug Admimistration (FDA) continues to allow lidane to be used in shampoos and lotions for the treatment of lice and scabies, even though a caution is included in the FDA's lice treatment article as well as alternative treatment suggestions. The state of California has already banned lidane for lice and scabies treatment and other states are considering following suit. Consumer safety groups, including the Pesticide Action Network have asked that the FDA withdraw lidane for pharmaceutical uses, because of its link to brain tumors and hormone disruption.
If your doctor recommends using a lidane-based shampoo or lotion for your child's lice or scabies, ask about the risk of long-term potential side effects as well as alternative medication.
Fun Express, Inc. in cooperation with the Consumer Product Safety Commission, is voluntarily recalling about 340,000 small bendable toys shaped like cats and dogs. Although no injuries have been reported, it has been determined that the toys contain excessive levels of lead. The toys were given away by libraries nationwide as incentives in reading programs.
For more information, please call Fun Express directly at 1-800-723-6155. The toys should be destroyed immediately.
A recent article posted on WebMD noted the increased popularity of tattooing among younger individuals. Given this increase, it becomes important to have a clear understanding of the procedure and the risks involved. When thinking about getting a tattoo, here are a few things to consider:
Choose a facility carefully. Make sure the establishment is licensed in tattooing.
Keep your tattoo simple. Smaller tattoos are easier to remove should you desire to do so.
Insist that you view the tattoo artist remove sterile instruments from the envelope.
Make sure that the tattoo is placed in an appropriate location on your body. If you should decide to have a tattoo removed a scar could be visible.
If you experience a great deal of redness or soreness, contact a physician immediately.
For more information about safety issues regarding tattoos, please visit the Mayo Clinic website.
The NHTSA and CPSC list the following recommendations on the proper use of bicycle helmets, clothing, rules of the road, and education and training programs in efforts to ensure safer bicycle usage:
Now that school is over and summer has arrived, families frequently are looking for outdoor activities. The American Red Cross website provides guidlines for Summer Safety Tips for consumers. Topics of interest include water safety, boating safety, sun safety, hiking and camping safety, beach safety and backyard safety. To protect your family and prevent a family vacation from turning into a disaster, use common sense and follow safety guidlines.
As is standard during the summer and New Year's Eve, many people light sparklers, ground-based fireworks, and other forms of pyrotechnics. Here are a few safety tips from the National Council on Fireworks Safety:
Always read and follow label directions.
Have an adult present.
Buy from reliable sellers.
Use outdoors only.
Always have water handy (a garden hose and a bucket).
Never experiment or make your own fireworks.
Light only one firework at a time.
Never re-light a "dud" firework (wait 15 to 20 minutes and then soak it in a bucket of water).
Never give fireworks to small children.
If necessary, store fireworks in a cool, dry place.
Dispose of fireworks properly by soaking them in water and then disposing of them in your trash can.
Never throw or point fireworks at other people.
Never carry fireworks in your pocket.
Never shoot fireworks in metal or glass containers.
The shooter should always wear eye protection and never have any part of the body over the firework.
All 50 states and the District of Columbia have some law regarding child safety seats.
In Maryland, children under 5 or less than 40 pounds must be in a child restraint. Children over 40 pounds or between the ages of 6 and 15 must wear a regular seatbelt.
Virginia is similar; however, the state leaves out the weight restriction. Virginia requires children under 5 to be in safety seats and children between 5 and 16 to wear seatbelts.
The District of Columbia requires children under 7 to be in safety restraints and children between 8 and 15 to wear seatbelts.
Every state except New Hampshire has some form of seatbelt law. While most state laws only require seatbelts in the driver and passenger seats, 17 states (and D.C.) require all passengers to be buckled in.
In D.C. and Maryland, seatbelt laws are considered “primary,” meaning that police officers can pull over drivers simply for not wearing the belt. In Virginia, on the other hand, failure to wear a seatbelt is a secondary offense, only punishable if you are stopped for some other violation.
Maryland and Virginia require drivers and the person in the front passenger seat to wear a seatbelt, subject to a $25 fine.
The District requires all passengers to wear seatbelts, punishable by a $50 fine.
We all use extension cords throughout our homes and offices. How many of us overload them? How many of us routinely check them for safety? According to a recent story in the Washington Post, a local family's home and almost everything in it were destroyed by fire because of an overloaded extension cord. After the fire, Alan Etter, spokesman for the D. C. Fire and Emergency Medical Services, emphasized that families should make sure that their smoke alarms are working properly and that all extension cords have the Underwriter Laboratories' stamp. "You have to make sure you use an extension cord that is designed for the specific use you're using it for."
The U.S. Consumer Product Safety Commission , in cooperation with DEWALT, recently announced a voluntary recall of DEWALT DC305 Model Reciprocating Saws. Consumers should stop using this product immediately unless otherwise instructed. The recall states that "the switch on these saws can short circuit, posing a fire hazard." The announcement also states that: "DEWALT has received four reports of short circuits in the switch of these saws. One of these incidents was a report of a fire resulting in extensive damage, though the cause of this fire has not been confirmed. Another fire reportedly resulted in minor damage, and the other two incidents resulted in melting damage to the units. No injuries were reported."
Please review the Safety Commission's press release for additional information. If you have any questions concerning this topic, please email the attorneys at Regan Zambri & Long or call us at (202) 463-3030.
The U.S. Centers for Disease Control and Prevention (CDC) reports that "preliminary data show that a high proportion of cases reported using a Bausch & Lomb ReNu contact lens solution." Bausch & Lomb, Rochester, New York, recalled the ReNu solution earlier this year.
The culprit appears to be a fungal infection. Hundreds of people said they contracted the dangerous microbe while using a new multipurpose lens solution made by Bausch & Lomb Inc. Keratitis is an inflammation of the cornea, the front part of the eye. Keratitis has many causes including bacteria, viruses and fungi. CDC is currently investigating reports of keratitis caused by Fusarium, a type of fungus.
Consumer lawsuits against Bausch & Lomb have been filed in many U.S. courts. Lawyers predict 500 to 700 people were injured and will have to seek redress for their Fusarium keratitis infections in trials beginning as early as next summer.
According to the CDC, of the 180 infected patients in 35 states, 59 needed cornea transplants. To learn more about this type of infection please click on that link.
If you or a family member believe you may have been injured by this an infection due use of the ReNu solution, please call us at (202) 463-3030 or contact us electronically at Regan Zambri & Long.
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