Posted by: Salvatore J. Zambri, founding member and partner
Health risks associated with indoor tanning have been documented for a number of years, as indicated by the recent increase in the number of states that have imposed age limits on use of commercial tanning beds. However, as the Washington Post reports, the recent proposal by the FDA to reclassify sunlamps and tanning beds from low-risk to moderate-risk devices intends to "help address some of the risks associated with sunlamp products and provide consumers with clear and consistent information," according FDA Commissioner Margaret Hamburg. The proposal would require that tanning bed manufacturers submit them to the FDA for review prior to marketing them and to include labels that warn people under 18 to not use tanning beds.
Critics of the FDA proposal include Diana Zuckerman, president of the National Research Center for Women & Families, who supports stronger regulation but describes the FDA proposal as very weak for not including clinical testing on the tanning beds nor any enforcement measurement for users under 18.
Tanning bed manufacturers' spokesman John Overstreet, executive director of the Indoor Tanning Association, expressed concern that the proposed changes and corresponding costs would create too much of a financial burden for their members.
Opponents of indoor tanning include the American Academy of Dermatology, the World Health Organization and the Centers for Disease Control and Prevention. They have long advocated avoiding indoor tanning, and have cited a number of studies linking indoor tanning to an increased risk of skin cancers and eye damage.
As with any consumer safety issue, an educated consumer combined with common sense is the best approach.
Posted by Salvatore J. Zambri, founding member and partner
Each year since President Eisenhower proclaimed May 1 as Law Day in 1958 as a day to recognize and honor the United States' legal system, every president has issued a proclamation focusing on the theme for the current year's celebration. Law Day is aimed at helping people "appreciate their liberties and affirm their loyalty to the United States, especially with regard to equality and justice. It also aims to cultivate respect for the law, which is vital to the democratic way of life."
According to the American Bar Association, the theme for Law Day 2013 is Realizing theDream: Equality for All. "The promise of equality under the law is what has made America a beacon to other nations. It is a pledge clearly set forth in the Declaration of Independence and in the opening words of the Preamble of the Constitution, 'We the People.' "
President Obama has continued the tradition of issuing a proclamation to honor Law Day, which we are reproducing in its entirety for our readers.
The White House
Office of the Press Secretary
For Immediate Release
April 30, 2013 Presidential Proclamation -- Law Day, 2013
LAW DAY, U.S.A., 2013
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
As a Nation, we are bound together not by the colors of our skin, the tenets of our faith, or the origins of our names. What unites us as Americans is our allegiance to an idea articulated more than two centuries ago: 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." In the years since that declaration, we not only forged a Republic of, by, and for the people; we also set ourselves to the task of perfecting it, and bridging the meaning of those words with the realities of our time.
This Law Day, we look back on our long journey toward equality for all. We reflect on the Emancipation Proclamation, issued by President Abraham Lincoln 150 years ago to mend a Nation half-slave and half-free under the unifying promise of liberty. We remember when Dr. Martin Luther King, Jr., stood in Lincoln's shadow a century later and gave voice to a dream, sounding the call for an America that truly lives out the meaning of its founding creed. We honor the courageous men and women who fought to bring those ageless ideals of freedom and fairness into the rule of law -- from the Civil Rights Act and the Voting Rights Act to Title IX and the Americans with Disabilities Act.
Even now, that work is not yet finished. Opportunity remains painfully unequal for too many among us; justice too often goes undone. Law Day is a chance to reaffirm the critical role our courts have always played in addressing those wrongs and aligning our Nation with its first principles. Let us mark this occasion by celebrating that history, upholding the right to due process, and honoring all who have sustained our proud legal tradition.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2013, as Law Day, U.S.A. I call upon all Americans to acknowledge the importance of our Nation's legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States in support of this national observance.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.
Posted by Salvatore J. Zambri, founding member and partner
Each year on March 17, everyone claims to be Irish. Unfortunately, too many drivers also celebrate St. Patrick's Day by drinking and driving. In recent years, St. Patrick's Day has surpassed other holidays as one of the most dangerous for automobile accidents related to alcohol-related drivers.
Many police departments increase their visibility during the celebrations and encourage community involvement through alternative transportation, designated drivers and responsible beverage service. The National Highway Traffic Safety Administration (NHTSA) has released a publication, "Community-Based Impaired-Driving Programs: Local Ordinances and Other Strategies Addressing Impaired Driving," to address the increasing problems of excess drinking during high-risk holidays.
One of the most successful on-going programs in the Washington, DC Metropolitan area is SoberRide. It is sponsored by the Washington Regional Alcohol Program (WRAP) and offers free cab rides for impaired drivers. Listed below in its entirety for our readers is the announcement for WRAP's 2013 St. Patrick's Day SoberRide@ Campaign.
"WRAP's 2013 St. Patrick's Day SoberRide program will be offered on Sunday, March17, 2013 from 4:00 pm to 4:00 am on Monday, March 18, 2013. To receive a free cab ride home (up to a $30.00 fare), please call 800-200-8294 (TAXI). AT&T customers may dial #WRAP from their wireless phones. Please refer to the SoberRide information listed below for important details concerning this program. You must be 21 or older to use the SoberRide service
Important note: All requests for SoberRide service must be called to and dispatched from 1-800-200-8294. Do not call a taxi company directly for SoberRide service as the ride will not be covered under this program.
General SoberRide Information
WRAP's SoberRide , called one of the nation's most successful free cab ride programs for would-be impaired drivers, has helped to ensure greater Washington, DC residents have a safe way home on high-risk holidays. Since 1993, WRAP has provided over 57,778 safe rides home.
Currently, SoberRide operates during the December/January holiday season, St. Patrick's Day, Independence Day and Halloween.
WRAP's SoberRide provides a free cab ride home up to a $30 fare. Callers are financially responsible for anything over $30.
You must be 21 or older to use the SoberRide service. All calls must originate in Montgomery and Prince George's Counties in Maryland; the Cities of Rockville, Bowie, College Park, Gaithersburg, Greenbelt and Takoma Park in Maryland; the District of Columbia; Arlington, Fairfax, Prince William and Eastern Loudoun Counties in Virginia; and the Cities of Alexandria, Falls Church, Fairfax, Manassas and Manassas Park in Virginia.
You cannot reserve a SoberRide or schedule a pickup in advance. To receive a ride, you must call 1-800-200-8294 (TAXI) during the program hours. A SoberRide call operator will direct your request to the correct participating cab company.
Participating Taxi Companies:
Alexandria Yellow Cab (Alexandria)
Barwood, Inc. (Montgomery County)
Fairfax Yellow Cab (Fairfax County)
Loudoun Yellow Cab (Eastern Loudoun County)
Manassas Cab Company (Prince William County)
Red Top Cab Company (Arlington County)
Silver Cab of Prince George's County (Prince George's County)
Yellow Cab of District of Columbia (District of Columbia)
Yellow Cab of Prince William County (Prince William County)
When waiting for a SoberRide, please watch for a cab from the participating taxi company in the area from which you are calling."
Keep the Luck of the Irish alive for you and everyone else. Don't drink and drive.
In a lengthy opinion published this morning, the District of Columbia Court of Appeals affirmed the jury's verdict in favor of Edwin Hickox against Defendant Wilson Sporting Goods. Mr. Hickox is a Major League Baseball umpire who was injured while wearing a Wilson mask during a Washington Nationals game. Unfortunately, Mr. Hickox suffered significant injuries due to the Defendant's unsafe product, including a concussion and trauma to his ear which required several surgeries. Paul Cornoni and Patrick Regan represented Mr. Hickox at trial, and on appeal.
The case involved a product liability action against Defendant Wilson for selling an umpire's mask which was not tested properly and consisted of a safety defect. At trial, the jury heard evidence from several witnesses, including a biomechanical engineering expert from MIT. The jury concluded that the mask was defective and awarded $775,000.00. to Mr. Hickox to compensate him for his injuries, the medical bills he incurred and other types of damages.
Posted by: Salvatore J. Zambri, founding member and partner
I have represented whistleblowers for many years. A "whistleblower" is someone who reports fraud perpetrated against the government, typically by the company for whom the whistleblower works. It takes courage to report fraud by an employer, but it is this very courage that is needed to hold companies accountable for their criminal activity. And let's face it, without the justice brought about by whistleblowers, we tax-payers will be the ones paying for the fraudulent charges the companies bill the government.
Approximately six years ago, as a member of the House Committee on Oversight and Government Reform, Congressman Bruce Braley added an amendment to the Whistleblower Protection Enhancement Act. His amendment was designed to properly protect whistleblowers against retaliation. Yesterday, President Obama signed the Bill, with Congressman Braley's amendment, into law. This new law ensures that federal whistleblowers are able to recover compensatory damages, including attorney's fees, interest, reasonable expert witness fees, and costs.
Here's some of the language that was signed into law:
SEC. 107. REMEDIES.
(a) Attorney Fees- Section 1204(m)(1) of title 5, United States Code, is amended by striking `agency involved' and inserting `agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case'.
(b) Damages- Sections 1214(g)(2) and 1221(g)(1)(A)(ii) of title 5, United States Code, are amended by striking all after `travel expenses,' and inserting `any other reasonable and foreseeable consequential damages, and compensatory damages (including interest, reasonable expert witness fees, and costs).' each place it appears.
President Obama and Congressman Braley, like all of the lawmakers that supported this law, should be proud of their efforts.
If you work for a company that fraudulently bills the government, please come forward with what you know. I would be happy to meet with you and explain your legal rights, so that you can make teh most informed decision you can make in bringing about justice.
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. The association recently named him "Trial Lawyer of the Year" (2011). 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 train, truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, it is believed, 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 (2012 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2012)-- 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.
Posted by: Salvatore J. Zambri, founding member and partner
In a recently-published policy statement by the America Academy of Pediatrics, recreational home use of trampolines is not advised. In the October, 2012 policy statement by AAP, "Trampoline Safety in Childhood and Adolescence", pediatricians are provided guidelines on the patterns of injury with trampoline use, the effectiveness of current safety measures, and unique injuries associated with trampoline use. This policy statement is consistent with previous statements of 1999 and 2006, discouraging recreational trampoline use. In 2009, the National Electronic Injury Surveillance System (NEISS) estimated almost 98,000 trampoline injuries nationwide, with 3,100 hospitalizations. Predictably, the injury rates for children were higher than those for adults.
“Pediatricians need to actively discourage recreational trampoline use,” said Michele LaBotz, MD, FAAP, co-author of the updated policy statement. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.”
Common injuries for all age groups include sprains, strains and contusions. For children under five, 48% of trampoline injuries resulted in fractures or dislocations. Most injuries occur with multiple people jumping on the mat and many occur even with adult supervision.
Key recommendations included in the report for pediatricians and parents include:
"Pediatricians should advise parents and children against recreational trampoline use.
Current data on netting and other safety equipment indicates no reduction in injury rates.
Failed attempts at somersaults and flips frequently cause cervical spine injuries, resulting in permanent and devastating consequences.
Homeowners with a trampoline should verify that their insurance covers trampoline injury-related claims.
Rules and regulations for trampoline parks may not be consistent with the AAP guidelines.
Trampolines used for a structured sports training program should always have appropriate supervision, coaching, and safety measures in place."
Parents should educate themselves and their children about trampoline use before it's too late.
According to an article in the Washington Post, the U.S. Department of Education is investigating DC Schools because of a complaint by the mother of a diabetic third grader at Davis Elementary in Southeast D.C. The mother contends that when the school nurse was not available she was told she only had two options on those days: either come to school with her child, monitor her blood glucose level and administer the medication or she could keep the child at home.
The complaint was filed with the Office for Civil Rights for the US Department of Education. The complaint contends that when the mother exchanged heated words with Davis principal Maisha Riddlesprigger, that Ms. Riddlesprigger issued a “barring notice” that prohibited the child's mother from entering the building. Did DCPS ban the child's caregiver in the nurse’s absence?
According to the article, DCPS has not responded to a request for a comment on the situation. According to University Legal Services staff attorney Victoria Thomas, DCPS’s refusal to provide so-called “Trained Medication Employees” to administer diabetes care violates federal and District law.
This case seems to highlight a dangerous situation in terms of DCPS practices. The school system has to have a plan for nurses’ absences and previously indicated it was training other school staff to deal with issues. However, in a diabetic emergency, without the nurse, all school personnel can do is call 911. That can pose a deadly delay for a child who needs insulin urgently.
According to the Post article, the civil rights office of the US Department of Education has expanded its inquiry beyond DCPS to include the city’s 53 charter schools. If the office finds that DCPS or the charters did violate the rights of diabetic children, it could require the schools to sign a resolution agreement promising to comply with the law, or could even withhold federal funds.
If any of the children are harmed by the unsafe situation they may have claims against D.C.
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."
Posted by: Salvatore J. Zambri, founding member and partner
U.S. Transportation Secretary Ray LaHood has long advocated educating the public about the dangers of distracted driving and getting states to pass laws restricting cellphone calls and text messaging. He emphasizes the need for personal responsibility on the part of all drivers. "We started this campaign three years ago when no one was taking about distracted driving." Now more states are passing laws aimed at reducing distracted driving. "We've made a lot of progress. This is our continued drumbeat."
Newly proposed guidelines aimed at preventing distracted driving would eliminate "infotainment functions" while the car is moving. In a recent phone conference with reporters, Secretary LaHood addressed the goals for these new rules:
"Reduce complexity and task length required by the device.
Limit device operation to one hand only (leaving the other hand to remain on the steering wheel).
Limit individual off-road glances required for device operation to no more than two seconds.
Limit unnecessary visual information in the driver's field of view.
Limit the amount of manual inputs required for device operation."
National Highway Traffic Safety Administration administrator David Strickland emphasizes that NHTSA is not against technology, particularly GPS, but remarks, "We're trying to make sure if they are used in the vehicle, they are used in a safe way."
Hearings will be held around the country during the next few months about the new proposals. Some manufacturers in the auto industry have already taken steps to limit a vehicle's electronic devices while the vehicle is moving in attempt to balance consumer safety with demand. For example, many new vehicles will not allow the driver to enter a destination into a navigation device unless the vehicle is stopped. According to the spokesperson for the Governors Highway Safety Association, “DOT is on the right path. We particularly like the guideline for disabling devices that text and surf the Internet."
The Federal Government commissioned a study a few years ago involving distracted driving among commercial vehicle operators, such as those who drive large trucks and buses. The most recently published crash data indicate that over 40,000 people were killed in road crashes. Of these fatalities, over 10% involved large trucks. Past research has suggested that driver distraction and driving inattention may be involved in 78 percent of light-vehicle (cars) crashes. Following the same methods in analyzing past crashes, it appears that about the same percentage of trucking accidents had some type of driver distraction listed as a potential contributing factor.
The following findings and recommendations by the authors to address driver distraction in Commercial Vehicle operations. The authors recommended that:
"1.Fleet safety managers engage and educate their drivers, and discuss the importance of being attentive and not engaging in distracting tasks or behaviors. Even routine types of behaviors (e.g., reaching for an object, putting on sunglasses, or adjusting the instrument panel) can distract and may lead to a safety-critical event.
Recently, the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Gabiano Collection, issued a voluntary recall of about 6000 pajamas which are more fully described below. There are photo images of the pajamas as well if you click on the word recall in the prior sentence you can see what the recalled sleepwear looks like. Consumers should stop using recalled products immediately unless otherwise instructed.
This recall involves all styles of boys and girls 100 percent cotton pajamas, including sets (tops and bottoms), one-piece suits and gowns in a variety of colors and designs in sizes 2 through 14. “Gabiano” is printed on a tag sewn into the center back neckline of the tops and gown and at the center back of the bottoms. This recall includes style numbers GB201, GB204, GB205, GB207, GB208, GB213, GB215, GB220, GB225, GB230, GB245, GB250, GB260, GB275, GB2001, GB2002, GB2011, GB2012, GB2021, GB2022, GB2031, GB2032, GB2041, GB2042, GB3001 and GB3011. The style number is only printed on the sales tag and does not appear on the garments.
Sold at: Children’s clothing and specialty retailers nationwide and online including at www.bhumbles.com, from February 2010 to December 2011 for between about $20 and $50.
Remedy: Children should stop wearing the recalled sleepwear immediately and consumers should return it for a refund, exchange or store credit.
Consumer Contact: For additional information, contact Ishtex Textile Products toll-free at (800) 935-0914 between 9 a.m. and 5 p.m. ET Monday through Friday or by e-mail at info@ishtex.com or visit the firm’s website at www.ishtex.com.
I have recent experience with a major case involving a residential fire and catastrophic burns to children, including lives lost. In this case our experts contended the injuries and deaths were caused by the unsafe acts of others, including makers of unsafe smoke detectors. These cases can be tragic for families and can result in the need for resources for a lifetime of care for children. If you have question about such a case please feel free to call me 202-822-1875 or email me at cbertram@reganfirm.com.
Posted by: Salvatore J. Zambri, founding member and partner
A recent study conducted by the National Coalition for Safer Roads suggests that Memorial Day weekend is the most dangerous of the year. If we had to guess, for most of us the general consensus would likely have been that other holidays such as New Year's Eve and St. Patrick's Day are the most hazardous because of the dangerous mix of excess alcohol and drinking. With the popularity of Sober Ride and similar programs for those holidays, this study focuses attention on what other factors contribute to more crashes during holiday periods. The NCSR study, summarized in Safer Roads Report 2012 - Trends in Red-Light Running, reveals that Memorial Day weekend is ranked "the number one holiday weekend for red-light violations." During Memorial Day weekend, the number of red-light violations increases by almost 40% over an average weekend.
The National Safety Council (NSC) estimates that "420 traffic fatalities and another 42,000 medically consulted injuries will occur over the traditional summer kick-off weekend from motor vehicle collisions.For the past six years, the Memorial Day holiday weekend has averaged 11.5% more traffic fatalities than similar non-holiday periods."
"To ensure a safe Memorial Day holiday weekend, NSC recommends drivers:
Refrain from all cell phone use behind the wheel
Make sure all passengers are buckled up and children are in age-appropriate safety seats
All children 12 and under should always be in the back seat
Allow plenty of travel time to avoid frustration and diminish the impulse to speed
Drive defensively and exercise caution, especially during inclement weather
Avoid driving while drowsy
Designate a “non-drinking” driver – even moderate consumption of alcohol impairs reaction time and driving judgment"
Start your summer holiday travel season with safety in mind. Please drive carefully, and I wish you a wonderful and safe Memorial Day Weekend.
Posted by: Salvatore J. Zambri, founding member and partner
According to the Wikipedia entry for Click It or Ticket, "Before 1980, usage of seat belts in the United States lingered around 11% despite volunteer and educational campaigns at local, county, and state levels. Between 1980 and 1984, individual organizations, public education programs, incentives and policy changes strove to increase the use of seat belts. However, these efforts failed to significantly affect usage in large, metropolitan areas, and in by the end of the effort, national seat belt usage had reached only 15%."
Over the past several years as more states enact "primary seat belt laws" (meaning an individual can be pulled over and ticketed for not wearing a seat belt) and NHTSA advocates an annual Click It or Ticket Campaign (beginning May 21, 2012), more drivers and their passengers are heeding the warning and using their seat belts. NHTSA statistics for 2011 show that seat belt use among drivers was 84%. However, one particular group continues to lead the statistics in non-compliance. The 2012 advertisements focus on male passengers ages 18-34, the group that makes up 66% of the unrestrained occupants killed in traffic crashes in 2010, by far the highest proportion among all occupants.
"If you try a seat belt fake-out, chances are you are going to get caught. Law enforcement officers are trained to spot unbelted drivers at any time of they day -- and they do not issue fake tickets," said NHTSA Administrator David Strickland. "Seat belts save tens of thousands of lives every year and there is simply no good excuse for not buckling up."
Are any of these messages worth dying for? Are any texted conversations worth dying for? Viewing these messages seems harmless, doesn't it? However, the possible results of a driver being distracted long enough to send or read any of these messages can be devastating. As AT&T's new documentary, "The Last Text" so powerfully demonstrates, one single text can end or change a life forever.
Teens generally send 100+ text messages each day. It's how they communicate. Teens also expect practically instant responses to their messages. Since they also see adults texting while driving, what can be wrong with it? According to AT&T's "It Can Wait" campaign, 97% of teens know texting and driving is dangerous, but continue to text and drive "all the time." As a matter of fact, 43% admit to doing so and 75% say texting and driving is common among their friends. As we head into prom season, graduation and summer, also known as the "100 deadliest days for teen drivers on the road - the days between Memorial Day and Labor Day," the prevalence of texting and driving creates a potentially deadly combination.
Listed below are some alarming statistics and highlights from the AT&T Teen Driver Survey:
"Peer Pressure: Almost all teens (89 percent) expect a reply to a text or email within five minutes or less.
Knowledge but Little Action: 75 percent of teens say texting while driving is very dangerous – but 43 percent admit to doing so.
“Gateway” Dangers: 70 percent of teens believe texting while stopped at a red light is dangerous.
Still, 60 percent of teens admit to texting at a red light and 73 percent admit to glancing at their phone at a red light.
61 percent of teens say they glance at their phone while driving, and 61 percent have seen their friends read or send an email, or text, while driving.
Learning by Example: According to 77 percent of teens, adults tell kids not to text while driving – yet adults do it themselves “all the time.”
41 percent of teens report seeing their parents read or send an email, or text, while driving.
Still, 89 percent of teenagers say their own parents are good role models in terms of not texting while driving.
And, 62 percent of teens feel that getting reminders from their own parents not to text and drive would be effective in getting them or their friends to stop texting and driving.
Minority Disparities: Hispanic teens (54 percent) are more likely to admit to the practice of texting while driving than Caucasian (41 percent) and African-American (42 percent) teens.
Hispanic teens (52 percent) also are more likely to report seeing their parents text while driving, compared to 38 percent of Caucasian teens and 44 percent of African-American teens who reported seeing their parents text while driving.
What Helps Lessen the Urge: 89 percent of teens said a phone app to prevent texting & driving – like AT&T DriveModeTM – would be an effective way to get them or their friends to stop texting and driving. AT&T DriveModeTM provides a customizable auto-reply message notifying friends that the user is driving and will respond when it is safe."
While it may be convenient to convince yourself that multi-tasking is not so difficult, driving should never be mixed with any other activity. Too many unpredictable things can happen when driving while distracted. Why complicate an already-challenging task by adding an unnecessary layer of risk? It's just not worth it. And, yes, that message CAN wait.
Posted by: Salvatore J. Zambri, founding member and partner
Over the past several years, I have posted a number of blog entries about teen driving, distracted driving, dangers of drinking and driving, and safe celebrations. Rather than citing a list of grim statistics about the possible dangerous situations teens may encounter on prom night, I'd like to share some valuable commonsense prom night safety tips from The Virginia Department of Alcohol Beverage Control.
Establish Ground Rules for Prom Night
"Set non-negotiable rules about drinking, drugs and driving under the influence of alcohol.
FACT: Under Virginia legislation, persons 18 to 20 convicted of underage purchase, possession, or consumption of alcohol will lose their driver's license for six months to a year. Consequences also include a Class 1 misdemeanor on file for life.
Teens under 18 may also lose their driver's license for six months to a year, or have driving privileges delayed for six months following the date he/she reaches the age of 16 and three months.
Ask your teen for a complete itinerary for the evening, including where they'll be going before, during and after prom.
Ask for cell phone numbers so you can reach them, and/or establish call-in times to connect with your kids.
Be aware of alcoholic energy drinks, which contain 6-12 percent alcohol, nearly three times more alcohol than most beers.
If your child is going to an after-prom party at a friend's house, it is your responsibility to find out if the parents are going to allow underage drinking at their home.
Offer your child the unconditional option of calling you for help, advice or to pick them up at anytime, day or night. Make it clear you want to be part of their smart and safe decisions."
After-Prom Party Guidelines
"Responsible hosting is the key to a safe and successful after-prom party. If your guest list includes persons under the age of 21, be aware that serving to an underage person is considered one of the most serious ABC violations and is against the law.
It is illegal to provide alcohol to a guest under the age of 21 unless they are accompanied by a parent, guardian, or spouse who is 21 years of age or older.
Although parents have the right to provide alcohol to their own children in their own home, it is illegal to purchase, aid and abet or give alcohol to other minors. Do not allow anyone younger than 21 years of age to consume alcoholic beverages at your party, and do not allow persons of legal age to provide alcoholic beverages to anyone underage. Violating any of these laws can result in the conviction of a Class 1 misdemeanor, which carries a fine of up to $2,500 and/or up to one year in jail.
As the host of a party or event, you may be held responsible for the actions of your guests. The party host could face civil liability if either a partygoer is hurt or a third person is injured due to alcohol impairment.
Remember, one does not have to be heavily intoxicated to be impaired. Driving skills and abilities can be impaired with the first drink.
Virginia's Zero Tolerance Law makes driving after having consumed almost any amount of alcohol a serious criminal offense for drivers under the age of 21."
Enjoy prom night celebrations. Create lasting memories. Just remember to keep safety in mind.
Posted by: Salvatore J. Zambri, founding member and partner
Recently, I had the opportunity to speak at the Carver Educational Center in Montgomery County, Maryland about the Consequences of Distracted Driving. This presentation was recorded and is scheduled to be rebroadcast on Montgomery County Public School TV on the following channels and dates:
Every year I give presentations to area schools and parents about distracted driving in an effort to teach young people the importance of driving carefully, and to empower them to be sure they do not allow others to drive while distracted, at least not while they are in the car.
If you or your child's school would like to know more about my presentation, please let me know. I of course do not charge a fee for it, as it is part of my volunteer community service program.
Posted by: Salvatore J. Zambri, founding member and partner
About 3,500 Americans die each year in fires and about 18,300 are injured. It is very important to have a working smoke alarm with a working battery in your home. Fire departments recommend that batteries in smoke detectors be replaced when clocks are changed for Daylight Saving Time. Many fire departments even have programs offering free smoke detectors as well as free installation.
One of the best ways to protect yourself and your family is to have a working smoke alarm that can sound fast for both a fire that has flames, and a smoky fire that has fumes without flames. It is called a "Dual Sensor Smoke Alarm."
Place a smoke alarm on the ceiling of every level of your home and both inside and outside bedrooms. Children and older people can sleep though the loud sound of a smoke alarm. Make sure your escape plan includes someone that can help children and others wake up immediately to escape from the home.
If you keep your bedroom doors closed, place a smoke alarm on the ceiling of each bedroom.
Check smoke alarms monthly by pressing the test button.
Never take smoke alarm batteries out to put into other items like games or remote controls.
Teach children what the smoke alarm sounds like and what to do when they hear the alarm sound.
If there is a fire, leave the home right away by crawling low under the smoke and never go back inside.
If smoke from cooking makes the alarm sound, press the "hush" button, if your alarm has one. You can also turn on the kitchen fan, open a window or wave a towel near the alarm until it stops making the sound. Never take the battery out of the alarm.
Most alarms need a new battery at least once a year. Some smoke alarms have batteries that last for up to 10 years. If your smoke alarm is over 10 years old, replace it with a new alarm and a new battery.
If you rent, talk to your landlord about placing a working smoke alarm in your home. You still need to buy a new battery at least once a year for the alarm."
In our business, we frequently see the consequences of not paying enough attention to the life-saving benefits of properly-maintained smoke detectors. Previously, we have posted the following blog entries relating to smoke detectors and Daylight Saving Time:
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."
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.
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