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

 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

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

Here's what you can do:

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

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

Be safe.

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By Catherine Bertram, Partner                                                     

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

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

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

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

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

About the author:

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

 

 

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Posted by Catherine Bertram, Partner                                      

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

The most frequent causes of TBI are related to:

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

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

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

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

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

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

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  Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

All too often, employers consider profits over people, allowing their job sites to fall short of applicable safety standards, endangering American workers.   There are strict federal and local laws in place that govern workplace safety.  Unfortunately, these laws are often ignored and poorly enforced.  As a result, workers are killed or otherwise seriously injured every day.

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

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

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Posted by Catherine D. Bertram, Partner                                          

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

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

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Posted by: Salvatore J. Zambri, Esquire

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

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

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

3)  Never drive after drinking alcohol.

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

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

6)  Shut lights off before going to bed.

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

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

Have a very happy holiday season!

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Posted by: Salvatore J. Zambri, Esquire

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

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

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

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

Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

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

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

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

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

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

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

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Posted by: Salvatore J. Zambri, Esquire

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

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

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

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

Be safe. 

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William Branigin and Martin Weil of the Washington Post report that a 25-year veteran worker for WMATA was killed yesterday when he was struck by a piece of track equipment, known as a ballast regulator, near the Vienna station on the Orange Line.

According to the report, the long-time Metro employee "was working with a crew replacing cross ties when he was hit by a ballast regulator, a piece of equipment that rides on the rails, Metro spokeswoman Lisa Farbstein said early Monday. The equipment deposits and spreads the stone or gravel known as ballast upon which the cross ties and rails rest, particularly in outdoor parts of the system. The ballast provides drainage and stability."

The cause of the incident that took the life of the employee is not presently clear, although an investigation is underway.  When incidents like this take place, the family is entitled to certain death benefits pursuant to the Workers' Compensation Act, but other benefits may be available as well depending on what persons or entities are at fault for the occurrence. 

This is a very difficult time for the the family of the wonderful man that died prematurely.  Our thoughts and prayers are with them.

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Posted by: Salvatore Zambri, Esquire

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

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

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

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Posted by Patrick M. Regan and Paul Cornoni

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

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

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

 A few important safety tips for parents as published by mychildsafety.net:

• Always keep your swimming pools fenced and locked.
• Pool owners should invest in a pool alarm.
• Always remove covers from pools before swimming. Partially covered pools are dangerous and crucial to children's water safety.
• Never take your eyes off your child even if he/she isn’t swimming.
• Make sure diving boards are securely anchored and well constructed.

For information about this topic or your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.

 

 

 

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Posted by: Salvatore J. Zambri, Esquire

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

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

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

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

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

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

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

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

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Posted by Patrick M. Regan and Paul Cornoni

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

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

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

 

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Posted by: Salvatore J. Zambri, Esquire

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

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

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

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

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

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

According to NIOSH, "each day, U.S. workers suffer injury, disability, and death from workplace incidents. On average, 15 workers die each day from traumatic injuries. Overall, 5,400 workers died in 2007 from an occupational injury and more than 4 million workers had a nonfatal injury or illness. In the private-sector alone every day, we see 11,500 nonfatal work-related injuries/illnesses with more than half of these injuries/illnesses requiring a job transfer, work restrictions, or time away from the jobs as a result. Among all workers, not just the private sector, 9,000 workers are treated in emergency departments each day, and approximately 200 of these workers are hospitalized. In 2004, this resulted in an estimated 3.4 million nonfatal injuries and illnesses among civilian workers that were serious enough to be treated in hospital emergency departments."

For more details, see Fatal Occupational Injuries and Nonfatal Occupational Injuries and Illnesses or the Bureau of Labor Statistics occupational injury, illness, and fatality data (External Link: http://www.bls.gov/iif/).

It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.

Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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

According to NIOSH, "Based on well-documented associations between occupational exposures and cancer, it is estimated that approximately 20,000 cancer deaths and 40,000 new cases of cancer each year in the U.S. are attributable to occupation."  The report comments that studies don eon animals make it clear that millions of Americans are exposed to carcinogens in the workplace environment.

"A person's risk of developing a particular cancer is influenced by a combination of factors that interact in ways that are not fully understood. Some of the factors include:

• Personal characteristics such as age, sex, and race
• Family history of cancer
• Diet and personal habits such as cigarette smoking and alcohol consumption
• The presence of certain medical conditions
• Exposure to cancer-causing agents in the environment
• Exposure to cancer-causing agents in the workplace

In many cases, these factors may act together or in sequence to cause cancer."

It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.

Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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According to the U.S. Consumer Product Safety Commission, more that 164,000 individuals are treated each year following injuries related to ladder accidents. CPSC provides safety tips to prevent ladder injuries:

• "Make sure the weight your ladder is supporting does not exceed its maximum load rating (user plus materials). There should only be one person on the ladder at one time.
• Use a ladder that is the proper length for the job. Proper length is a minimum of 3 feet extending over the roofline or working surface. The three top rungs of a straight, single or extension ladder should not be stood on.
• Straight, single or extension ladders should be set up at about a 75-degree angle.
• All metal ladders should have slip-resistant feet.
• Metal ladders will conduct electricity. Use a wooden or fiberglass ladder in the vicinity of power lines or electrical equipment. Do not let a ladder made from any material contact live electric wires.
• Be sure all locks on extension ladders are properly engaged.
• The ground under the ladder should be level and firm. Large flat wooden boards braced under the ladder can level a ladder on uneven ground or soft ground. A good practice is to have a helper hold the bottom of the ladder.
• Do not place a ladder in front of a door that is not locked, blocked or guarded.
• Keep your body centered between the rails of the ladder at all times. Do not lean too far to the side while working.
• Do not use a ladder for any purpose other than that for which it was intended.
• Do not step on the top step, bucket shelf or attempt to climb or stand on the rear section of a stepladder.
• Never leave a raised ladder unattended.
• Follow use instruction labels on ladders."

Following are additional common sense recommendations from the American Academy of Orthopaedic Surgeons for safe ladder use.  

• Use the correct ladder type and size;
• Inspect the ladder for damage before using it;
• Move the ladder safely;
• Set up the ladder away from obstacles and on a solid surface;
• Follow the recommended height for the ladder;
• Use the ladder safely.
  
  • "Face the ladder while climbing and stay in the center of the rails. Grip both rails securely while climbing.
  •  Do not lean over the side of the ladder. Your belt buckle should not be further than the side rail.
  • On single or extension ladders, never stand above the third rung from the top and never climb above the point where the ladder touches the wall or vertical support.
  • On stepladders, never stand on the paint shelf, spreaders or back section.
  • Never stand on the top rung of any ladder.
  • Do not overreach. It is safer to move the ladder to a new location when needed. Do not try to "jog" or "walk" the ladder to a new location while standing on it. Climb down and reposition the ladder.
  • Do not overload a ladder. It is meant to be used by only one person at a time.
  • Never use a ladder in high winds.
  • Do not use any ladder if you tire easily, are subject to fainting spells or are using medications or alcohol that make you dizzy or drowsy.

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

The Associated Press (AP) reports that the Consumer Product Safety Commission (CPSC) and the Eddie Bauer company have recalled nearly "76,600 Eddie Bauer Soothe & Sway Play Yards, sold in the U.S. and Canada and distributed by Dorel Juvenile Group Inc., of Columbus, Ind., because of a suffocation hazard to an infant." (emphasis added).  According to the recall, the play yard's "rocking bassinet" attachment has the propensity to tilt when secured by straps, causing it to stay tilted without returning to a level sleeping surface while the product is in its rocking mode. A tilted sleeping surface can cause an infant to roll and become wedged in the side or corner of the product, "presenting a risk of suffocation or positional asphyxiation," according to the report.

Although no deaths, thankfully, have been reported, Eddie Bauer and the CPSC have received ten reports of "infants rolling to one side, including 6 reports of infants who had their faces pressed against the side or the bottom of the bassinet," according to the report. "One child reportedly was turning purple and was out of breath when discovered."

Please note that the recall involves all units with model No. 05046, as well as all units with model No. 05044 which were manufactured  prior to December 1, 2008. More details can be found at http://www.cpsc.gov.

Our firm has experience pursuing cases for children that involve tragic product defects.  If you think your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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Posted by Paul Cornoni

As the warm months approach, it is important to review a few key water safety tips for children. Please refer to our prior blog on pool safety as well.  According to the National Safety Council, over 3,000 people die by drowning each year and children age four and younger have the highest death rate due to drowning.  A child can drown in one inch of water. Most drowning and near-drowning incidents occur when a child falls into a pool or is left alone in the bathtub. Bathtubs, buckets, toilets, and hot tubs present drowning dangers as well. Never leave a child alone near water.

Water safety for children is vital and it is a good idea to learn children's water safety and to enroll children over the age of three in swimming lessons taught by qualified instructors, such as American Red Cross certified programs.  However, even children who have successfully completed lessons or who are strong swimmers should always be supervised.

 A few important safety tips for parents as published by mychildsafety.net:

• Always keep your swimming pools fenced and locked.
• Pool owners should invest in a pool alarm.
• Always remove covers from pools before swimming. Partially covered pools are dangerous and crucial to children's water safety.
• Never take your eyes off your child even if he/she isn’t swimming.
• Make sure diving boards are securely anchored and well constructed.

For information about this topic or your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

 

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On May 6, 2009, Wal-Mart agreed to pay nearly $2 million and improve safety at its 92 New York stores as part of a deal with prosecutors to avoid criminal charges in the trampling death of a temporary worker last year.  Jdimytai Damour, a maintenance worker, was trampled to death while working at the front of a Wal-Mart store on November 29, 2008--the morning after Thanksgiving.  Nassau County District Attorney Kathleen Rice said that if she had brought criminal charges against the retailer in the worker's death, the company would have been subject to only a $10,000 fine if convicted. 

Instead, Wal-Mart has agreed to implement an improved crowd-management plan for post Thanksgiving day sales; establish a $400,000 victim's compensation fund; and give $1.5 million to local non-profit groups.  

Wal-Mart stated that the new plan would focus on three areas: customer approach and entry into a store, customer flow through the store and around promotional merchandise and flow through checkout areas.

 

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

Over 200,000 children each year end up in emergency rooms as a result of injuries from playground equipment. Of those children, 15 die.  Let's take a few minutes to think about the safety of the playground equipment in our community to make sure all of our children can play safely this summer.  The National Safety Council has a playground fact sheet that provides easy to follow tips for a safer summer:

"Top 10 Checklist for Playground Safety

1. Surfaces around playground equipment should be filled with at least 12 inches of loose fill, such as wood chips, mulch, sand or pea gravel.
2. Most stationary equipment should have at least a 6-foot use zone in all directions.
3. Any openings that can trap children (in guardrails or between ladder rungs) should be less than 3.5 inches apart or more than 9 inches.
4. Guardrails should surround all elevated platforms and should be at least 29 inches high for preschool-age children and 38 inches high for school-age children.
5. Look for exposed concrete footings, tree roots or rocks that could trip children.
6. Check for sharp edges and dangerous hardware, like open "S" hooks or protruding bolts.
7. Make sure your child plays on age-appropriate equipment.
8. Playgrounds should be maintained regularly. Report any problems.
9. Remove hoods or drawstrings that can get caught on equipment.
10. Supervise children while they play."

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Posted by Catherine D. Bertram and Salvatore J. Zambri

How do you know if that personal trainer is knowledgeable? Just because he or she is working at your gym does not guarantee your safety.  Find a list of programs with third-party accreditation from the National Commission for Certifying Agencies at www.noca.org, an umbrella group that weeds out lesser training programs. Industry experts point to the American College of Sports Medicine and the National Strength and Conditioning Association as two of the most reputable organizations.

The American Council on Exercise urges all Americans to choose a personal trainer who is professionally certified. “Consumers should demand fitness professionals whose qualifications and professional competencies are beyond reproach,” said Ken Germano, ACE Executive Director. “Competent exercise guidance should always be the integral element of any consumer’s exercise experience.”

There are more than 70 certifying organizations that individuals can go to in order to obtain some sort of training and then claim to be a "personal trainer."  Many people join gyms and hire personal trainers at very high hourly rates assuming the trainer is qualified. That is not always the case.  Most people would be surprised to learn there is no standardized testing in the industry before one can use the title "personal trainer".

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

The American Association for Justice (AAJ) reported yesterday that a nation-wide pole of likely voters conducted by Lake Research Partners shows that Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts. Such forced arbitration clauses are often buried in the fine print of contracts dealing with everything from cell phone, home, credit card and retirement account terms of agreement to employment and nursing home contracts.   Corporations have forced consumers to sign mandatory arbitration clauses when taking a job, buying a product, or accepting a service, requiring consumers to give up their right to take their case to court if they are harmed by a corporation.  Usually, consumers do not even know they are losing their rights because the arbitration clauses are never mentioned by corporations and the language is hidden deep within contracts in very fine print.

Lake Research Partners President Celinda Lake describes forced arbitration clauses as "another example of corporations taking advantage of ordinary Americans. The public supports the Arbitration Fairness Act because equal justice under the law is a core American value.”  The Arbitration Fairness Act is receiving strong bipartisan support.  The legislation should pass. If it does, forced arbitration clauses will be void, making the decision to arbitrate a voluntary decision to be made after a dispute has arisen, so corporations cannot manipulate the arbitration system to the detriment and expense of innocent consumers.

To read the AAJ report, please click here.

Many Americans are killed or injured each year by defective products, poor services, and otherwise wrongful corporate conduct.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.   

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The following is a reproduction of portions of an article published by Salvatore Zambri, senior partner at Regan Zambri & Long, which he wrote while he served as President of the Trial Lawyers Association of Metropolitan Washington, D.C.  Although he wrote the article in 2007, it is appropriate to publish it again since this year's Law Day will be celebrated by our nation tomorrow, on May 1, 2009.

A LOT TO CELEBRATE:

On May 1, our nation commemorated Law Day, the brain-child of Attorney Charles Rhyne.  In 1958, Mr. Rhyne drafted a proposed U.S. Presidential Proclamation and presented it to President Eisenhower’s Chief of Staff, Sherman Adams.  The proposal, however, did not make its way out of Mr. Adams’ office.

Mr. Rhyne eventually went to visit Mr. Adams.  Having been assured by Mr. Adams that President Eisenhower would “not sign a proclamation praising lawyers,” Mr. Rhyne described what happened next:  “I strode down to the Oval Office and handed it to President Eisenhower himself.  As he stood there reading it, Adams burst in yelling, ‘Do not sign that paper praising lawyers!’”  President Eisenhower signed the proclamation over Mr. Adams’ objection, believing that the freedoms enjoyed by Americans and the rule of law should be commemorated.

“Now, therefore, I, Dwight D. Eisenhower, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day – U.S.A.  I urge the people of the United States to observe the designated day with appropriate ceremonies and activities; and I especially urge the legal profession, the press and the radio, television and the motion picture industries to promote and to participate in the observance of that day.”

The 2007 Law Day theme was “Liberty Under Law:  Empowering Youth, Assuring Democracy.”  The theme clearly recognizes that our children will shape our country’s future.  Consequently, we have the responsibility to teach them about the justice system, the process of the law, and the liberties we enjoy.

Three days after Law Day, at the United States Supreme Court, I had the privilege of speaking to a group of 6th Grade winners of an annual essay contest sponsored by the National Capital Lawyers’ Auxiliary.  I seized upon the theme of the 2007 Law Day Proclamation and suggested that no matter what profession we choose, we must all be intolerant of social injustice and that the privilege of freedom, earned through the courage of those who came before us, must not be taken for granted.  I challenged them to advance America’s promise of equal and fair justice for all.  Having heard their essays, I was inspired . . .

About a week ago, all Americans celebrated the 4th of July holiday, commemorating the signing of the Declaration of Independence.  That document, you will remember, was drafted by merchants, clergy, farmers, soldiers, lawyers, and physicians.  This diverse group joined together and declared:  “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness….”

Lawyer Thomas Jefferson, who initially drafted the declaration, remarked in his first inaugural address:  “It is proper you should understand what I deem the essential principles of our Government, . . . freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus and trial by juries impartially selected.”

In July 1776, the clangs of the Liberty Bell resonated throughout the world.  In recent years, many have seemingly forgotten the lessons bestowed upon us by that diverse assembly of representatives.  Special interest groups and those with personal agendas seek to redefine the civil justice system, forcing victims of wrongdoing to be treated differently and unequal under the law.  They need a refresher course on American history. . .

If you have any questions about the law or your legal rights, please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899.

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

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

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

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

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

The results are not what you'd expect.  Shark attacks or jellyfish stings do not top the list. Instead, many everyday summer activities can cause more harm than most realize.
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Summer lawn mowing is such a routine activity that many people tend to view it as being less dangerous than it actually is.  Each summer, tens of thousands of Americans are injured by lawn mowers.  This summer, four national medical societies have teamed up to encourage homeowners to be especially careful around lawn mowers.  The American Society for Reconstructive Microsurgery (ASRM), the American Academy of Orthopaedic Surgeons (AAOS), the American Society of Plastic Surgeons (ASPS), and the American Academy of Pediatrics (AAP) all offer the following safety tips to help protect people from lawn mower injuries this season:

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

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

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With powerful, fast-moving thunderstorms sweeping through the DC area yesterday, and with more storms on the horizon this summer, it's important to be familiar with some general lightning safety tips.  Understanding lightning and its dangers, as well as what to do during a storm can help significantly reduce the risk of lightning related injury, or even save your life.  Continue Reading...

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

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

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

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

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

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

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

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Older people should walk cautiously on escalators and perhaps consider taking the elevator if they have trouble balancing.  These recommendations and others are the result of new research into escalator safety conducted at the Indiana University School of Medicine and recently published in the journal Accident Analysis & Prevention.

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An increasing presence of insects and other pests is one of the earliest and most frustrating signs of Spring.  While many people use pesticides to control insects in and around their homes, not all pesticides are safe -- particularly those which are only available on the street or in small neighborhood stores.  Many such pesticides (for instance, Chalk or Tres Pasitos) are illegal and commercially unavailable precisely because they're too dangerous to use.  According to the U.S. Environmental Protection Agency (EPA), the following pest products are particularly dangerous, illegal, and unfortunately commonly available:

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According to the U.S. Environmental Protection Agency (EPA), an emergency call is made to U.S. poison control centers every 13 seconds, and 40% of those calls involve injuries to children under three years of age.  More than 77,000 of those calls typically involve poisonings by common household pesticides.  The EPA recognizes March 16 - 22 as National Poison Prevention Week, and offers the following home safety information to help prevent poisonings in the home this year: Continue Reading...

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Each year, approximately one third of all senior adults in the U.S. fall, and the likelihood of their falling increases substantially with each year of age.  Nearly 16,000 people 65 years of age or older died as a result of injuries from falls in 2005 alone.  The number of older adults who fall without injury or who don't seek medical care is unknown.  These findings were recently published by the U.S. Centers for Disease Control and Prevention (CDC), in the Morbidity and Mortality Weekly Report.

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A recent study by the U.S. Centers for Disease Control and Prevention (CDC) demonstrates that high levels of formaldehyde have been found in some travel trailers provided to disaster victims by the U.S. Federal Emergency Management Agency (FEMA).  There is some reason to believe that long-term exposure to formaldehyde could lead to serious health problems such as cancer.  Unfortunately, travel trailers are not the only places where formaldehyde exposure could be a danger.  To contribute to public understanding regarding the industrial uses of formaldehyde and its risks, the National Cancer Institute has issued the following fact sheet with questions and answers related to formaldehyde exposure: Continue Reading...

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Snow-covered, icy, or cluttered stairways are a nuisance, but more importantly, they're dangerous.  According to the Home Safety Council (HSC), falls account for approximately one-third of all home injury deaths annually, and falls involving stairs or steps are the second leading cause of fall-related death.  Stairs are particularly dangerous this time of year, when the heights and depths of steps are often obscured by snow, and staircases may be wet or covered in ice.  You can help to safeguard your health and the health of those around you by familiarizing yourself with the following stairways safety tips, courtesy of HSC:

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While the topics of water safety and drowning prevention typically receive some public attention during summer months, there are many people who prefer to use hot tubs, whirlpools and spas throughout the winter, when the weather is at its coldest.  Although winter can be one of the most enjoyable seasons for hot tub use, it is equally dangerous.  To help prevent personal injuries related to hot tubs, whirlpools and spas, the U.S. Consumer Product Safety Commission (CPSC) offers the following historical data and recommendations for children and adults alike: Continue Reading...

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Walking is a great way to exercise and experience the beauty of the winter season first-hand.  On particularly snowy days, it may even be the only reliable mode of transportation!   Walking over snow and ice can easily lead to injuries, however.  Before you bundle up and trudge your way to work or school, take time to review these winter walking safety tips, courtesy of the National Highway Traffic Safety Administration (NHTSA): Continue Reading...

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Radon poisoning kills 100 times as many people each year as carbon monoxide poisoning, according to the U.S. Environmental Protection Agency (EPA).  Furthermore, the agency warns that:

• "Breathing home indoor radon causes nearly one hundred times more deaths each year than carbon monoxide poisoning.
• Radon is the second leading cause of lung cancer behind smoking.
• Some 20,000 people will die this year due to breathing too much radon without even knowing it."

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Alpine snowboarding and skiing are popular winter activities across the U.S., but a recent study published in the peer-reviewed journal Injury Prevention suggests that the incidence of Traumatic Brain Injury and Spinal Cord Injury associated with these sports has steadily increased in every country that reports injury data.  Continue Reading...

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Changes to popular skiing areas over the past decade, from open slopes to more wooded areas, mean that more snowboarders and skiers are moving slowly enough to benefit from the added protection a helmet can provide.  The finding is one result of research recently published in the peer-reviewed, quarterly medical journal, Wilderness and Environmental Medicine.

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Historically, approximately five children are killed each year as a result of tip-over accidents involving televisions or large furniture and appliances in the home, according to the U.S. Consumer Product Safety Commission (CPSC).  In most recent years, the incidence of these events has been significanlty higher than normal -- since 2000, 100 such fatalities have been reported.  If you or someone in your family acquired a new television or large household item this holiday season, or if you simply have large furniture items that you've never stabilized or secured, please take time to familiarize yourself with the following safety tips regarding potentially dangerous household items: Continue Reading...

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According to the U.S. Consumer Product Safety Commission (CPSC), approximately 2.5 million children are killed or injured as a result of basic home safety hazards.  Most of those deaths and injuries are entirely preventable, and in fact, many of them can be prevented relatively easily, by purchasing and properly utilizing the following 12 commercially-available home safety and child-proofing devices: Continue Reading...

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Winter weather often brings snow, sleet and ice, and consequently, power outages.  Although portable generators can offer life-saving benefits during power outages, they can also be dangerous.  According to the National Safety Council (NSC), the best way to avoid accidents and injuries related to portable generators is to become familiar with their proper operating procedures.   The agency recommends the following tips for staying safe around portable electric generators:

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If you're hosting a holiday party this season, keep in mind that a responsible host protects his or her friends and loved ones by planning in advance to prevent drunk driving.  To help with that advance planning, Mothers Against Drunk Driving (MADD) offers the following holiday party safety tips to help ensure that your seasonal get-together is both successful and safe:

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Winter weather brings a higher incidence of home fires every year, many attributable to heating equipment.  Many winter fires are also caused by holiday cooking, decorating and entertaining, however.  This holiday season, protect your home and family by familiarizing yourself with the following winter home fire facts and safety tips, courtesy of the National Fire Protection Association:

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An estimated 15,600 home fires were ingnited by candles in 2005, according to the National Fire Protection Association (NFPA).  Worse, those candle fires claimed the lives of 150 people, and injured another 1,270.  If you plan to decorate with candles this holiday season, do yourself a favor and take time to familiarize yourself with the following candle fire data and safety tips, courtesy of the NFPA: Continue Reading...

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Decorating for the holidays is one of the most common, most effective ways to express the festive mood of the season.  Many holiday decorations pose safety threats when not used properly, however.  This holiday season, take steps to ensure that your decorating traditions don't put you or your loved ones at risk.  The U.S. Consumer Products Safety Commission (CPSC) offers the following holiday decorating safety tips:

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If you're planning a holiday party or celebration this season, you may also be planning to hire a babysitter.  In the absence of parental supervision, children face a greater risk of personal injuries.  Before you leave your kids at home with a sitter this season, take a minute or two to review this downloadable Babysitter Safety Inspection Checklist, courtesy of the American Red Cross.  Double checking the following items will help ensure that your holiday season isn't ruined by a preventable injury:

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Regan Zambri & Long urges all of their readers to practice fire safety guidelines in their homes.  One of the most important is to keep smoke detectors in good working order.   Common sense guidelines are listed in the following release by Energizer and the International Association of Fire Chiefs, which is quoted in its entirety.

"Use Daylight Saving Time to Keep Your Loved Ones Safe
  Remember to Change Your Batteries on November 4

ST. LOUIS, MO--(Marketwire - October 23, 2007) - Twenty years ago, the people from Energizer® Batteries and the nation's firefighters came up with an idea that likely has saved thousands of homes and perhaps as many lives.

The idea connected two unrelated activities -- changing clocks for Daylight Saving Time and changing the batteries in smoke alarms and carbon monoxide detectors. Residents could change their batteries on these important safety alarms almost anytime, but in fact, many didn't. It's a sad fact that approximately 80 percent of fire deaths result from fires in homes without working smoke alarms. Since hardly anyone neglects to change their clocks, Energizer and the International Association of Fire Chiefs (IAFC) decided to urge Americans through the Change Your Clock Change Your Battery® program to use the "extra hour" to change their smoke alarm and carbon monoxide detector batteries.

This year, the day to set your clocks back and change batteries in your smoke detectors is November 4.

The program started in 1987 with just two fire departments in St. Louis and Atlanta. Now as the Change Your Clock Change Your Battery program celebrates its 20th anniversary, more than 5,900 fire departments across the country are participating in the program. And as a result, many Americans have adopted the habit of changing their batteries at the same time they change their clocks.

"We have no way of knowing exactly how many lives and homes have been saved as a result," said Chief Steven P. Westermann, president of the IAFC. "What we do know is that each year more Americans are replacing their batteries before they wear out and that helps make each alarm safer."

Having a working smoke alarm can cut the odds of dying in a home fire nearly in half by adopting this simple habit. Most American homes -- 96 percent in fact -- have smoke alarms; however, more than a quarter of those homes have at least one nonworking smoke alarm, mostly due to worn out or missing batteries. The IAFC estimates more than 25 million homes are at risk.

Five common reasons home smoke alarms do not function properly are:

--  Batteries are not replaced in a timely fashion.
--  Batteries are removed due to unwanted activation from situations such
    as cooking fumes.
--  Batteries are removed due to a "chirping sound," which actually
    indicates the battery needs to be replaced!
--  Alarms and detectors are not cleaned regularly.
--  Alarm is aged and possibly contains outdated parts or technology.
    

Each of these reasons is easily remedied by either simply replacing the battery or the device.

"Many people mistakenly believe they will either see the flames or smell the smoke when a fire breaks out," Chief Westermann said. "But most fire fatalities happen while families are asleep. Smoke by itself doesn't provide a wake-up call, but a working smoke alarm surely does."

Westermann also noted that November usually brings the onset of severe weather, a time when power outages are more frequent. He urged residents to avoid using candles, which are often the cause of home fires and to instead use flashlights. Daylight Saving Time is a good time to check batteries in flashlights as well.

The IAFC (www.iafc.org) is a non-profit association representing nearly 13,000 chief fire officers and emergency services leaders worldwide. Its members are the world's leading experts in firefighting, emergency medical services, terrorism response, hazardous materials spills, natural disasters, search and rescue, and public safety legislation.

Energizer Holdings, Inc. (NYSE: ENR), www.energizer.com, headquartered in St. Louis, Missouri, is one of the world's largest manufacturers of primary batteries, battery-powered devices and flashlights. Energizer, a global leader in the dynamic business of providing portable power geared toward the new digital revolution, offers a full portfolio of products including, the Energizer® MAX® premium alkaline brand; Energizer® e2® Lithium® and Energizer® e2® Titanium Technology® performance brands; Nickel Metal Hydride (NiMH) Rechargeable batteries and chargers; and Miniatures brand batteries. Energizer also offers portable battery-driven power packs for cell phones, portable games and audio devices. Energizer has been promoting fire safety through its Change Your Clock Change Your Battery® program since 1987."

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Falls are the leading cause of personal injury to U.S. senior citizens, and most of those falls occur in the home.  Anyone can accidentally fall in a home, however,  and the costs associated with the treatment of those fall injuries exceeds $20 billion per year.  The American Academy of Orthopaedic Surgeons (AAOS) offers the following guidelines for safeguarding the health of your family and friends by acting to prevent falls in your home:  Continue Reading...

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We recently posted safety tips for trick-or-treaters here on the DC Metro Area Personal Injury Law Blog, but adults play a significant role in making Halloween safe, as well.  Following are some simple suggestions from the National Crime Prevention Council (NCPC) on making your home and neighborhood a safer place this Halloween evening:

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Bunk beds are a common feature of many children's rooms, especially in homes where floor space carries a premium.  Each year, however, thousands of children sustain injuries related to bunk beds -- and not always predictable injuries.

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Pool and spa safety is a year-round concern that cannot take a back seat after Labor Day.  Regan Zambri & Long previously highlighted the importance of pool safety in an earlier posting on the DC Metro Area Personal Injury Law Blog.

Recently, an Anne Arundel County, Maryland jury awarded the parents of a five-year-old boy a verdict in excess of $4 million dollars in damages related to their son's drowning in 2006 wherein he was found floating on the surface of Crofton Country Club's outdoor pool, as reported by The Baltimore Sun.

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Trampolines are popular recreational devices.  Trampolining is even an official Olympic event.  Used improperly, however, trampolines can contribute to serious personal injuries. Having a trampoline on your property can carry important premises liability connotations.  According to the U.S. Consumer Product Safety Commission (CPSC) 91,870 people received treatment for trampoline injuries in U.S. emergency rooms in the year 2001, alone.  Ninety-three percent of those visits involved children under 15 years of age.  Following were the most common trampoline-related injuries:

• "Colliding with another person on the trampoline.
• Landing improperly while jumping or doing stunts on the trampoline.
• Falling or jumping off the trampoline.
• Falling on the trampoline springs or frame."

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Awareness of potential home and neighborhood hazards is an important part of personal injury prevention, and apartments and condominiums pose their own unique hazards.  If you're in the market for an apartment or condominium this fall, the National Crime Prevention Council (NCPC) offers these tips for assessing the safety of a potential unit in a rental complex: Continue Reading...

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An influx of new students and the expiration of many residential leases makes fall a good time to highlight the rights of tenants and the obligations of landlords in preventing personal injuries in rental properties.  In D.C., the Department of Consumer and Regulatory Affairs (DCRA) helps to protect the interests of tenants -- both residential and business -- through the enforcement of safety codes, and by conducting inspections and regulating land use and development.  The DCRA may conduct on-site inspections of a property if concerns are raised relating to the following circumstances:

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Many major do-it-yourself home improvements or repairs can be unsafe, and in the District of Columbia they're often illegal, as well.  Construction performed without required building permits is a public danger that can harm innocent people, not to mention property values and your ability to sell your home.  The D.C. Department of Consumer and Regulatory Affairs (DCRA) is responsible for issuing licenses and permits, conducting inspections, and enforcing rules related to buildings and housing.  According to the DCRA, proper permits are required to perform any of the following work within the district: Continue Reading...

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Accidental deaths in the U.S. are increasing at an alarming rate according to data recently released by the National Safety Council (NSC).  Over the last 10 years, the rate of accidental death has jumped by more than 20%.  In fact, accidents are the number one cause of death for people between the ages of 1 and 41, with approximately one death occuring every 5 minutes.  The top-ranking causes of accidental death are as follows:

1. Vehicle crashes
2. Poisoning
3. Falls
4. Choking
5. Drowning

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Many families who own guns admit they don't store them safely according to a recent study published in the medical journal Pediatrics.  The study involved more than 3.700 parents with children between 2 and 11 years of age, interviewed in the offices of pediatricians in 45 states and Puerto Rico.  About half of all families with guns reported that they were not kept locked and roughly 20% failed to store firearms and ammunition in separate locations. Continue Reading...

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Clothes dryers contribute to approximately 15,600 house fires, 400 injuries and 15 deaths each year, according to the U.S. Fire Administration (USFA), a division of the U.S. Department of Homeland Security (DHS).  Failure to clean lint from those dryers is a leading cause of fires.  Improper installation and maintenance are also common contributing factors.  Clothes dryers force hot air through a revolving drum to dry clothes.  The lint that accumulates during this drying process is mostly caught in a filter trap, but some also accumulates in both the dryer and the dryer vent.  This accumulation of debris reduces airflow through the machine, raises temperature levels, and provides a highly flammable source of fuel for a residential fire.  Continue Reading...

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Roughly 3,800 injuries  -- and even 34 deaths -- occur every year due to scalding injuries from tap water that is too hot, according to the U.S. Consumer Product Safety Commission (CPSC).  Most of these injuries involve senior citizens, children, and water heater thermostats that are turned up entirely too high.  Don't take hot water temperatures for granted.  The Home Safety Council offers the following tips to help reduce the risk that anyone suffers a scalding injury in your home: Continue Reading...

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Approximately seven students die and 47 more are injured each year in college dorm fires, according to the U.S. Consumer Product Safety Commission (CPSC).  Worse, data suggests that the number of fires has been increasing.  The new data triggered an alarm at CPSC, and the organization issued a public warning this week, as thousands of students head toward campus to begin the new academic year. Continue Reading...

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According to the U.S. National Safety Council (NSC), children under the age of 6 are at the greatest risk of lead poisoning.  Most significant, perhaps, is that it is difficult for parents to identify that their children are suffering from lead poisoning.  The symptoms are often subtle, and differ according to age.

Though lead occurs naturally in the soil, it can be toxic to humans, particularly in high concentrations.  Those higher concentrations are most typically associated with industrial products made with refined lead.  For instance, prior to 1978, house paint commonly contained lead; until recently, so did gasoline.  Lead poisonings are all too common, and frequently involve children, who ingest chips of lead paint commonly found in older homes, or who simply breathe the dust of deteriorating, lead-based paint.

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A web-based Dangerous Dog Registry has been launched by the Virginia Department of Agriculture and Consumer Services.  The database, modeled after the state's sex offender registry, can be searched by zip code or locality, and is designed to alert Virginians to the whereabouts of dogs with an established history of violence.  Each dog listing includes a description of any attack(s), primary and secondary breed information, photos of the offending animal, the address at which it resides and other pertinent information. Continue Reading...

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More than 33 million Americans are injured in their homes each year, according to the U.S. Consumer Product Safety Commission (CPSC).  While some home-based hazards arise from new trends or technologies, many are age-old dangers -- the unanchored stove that tips forward and burns a curious child, for example.  To help increase awareness of preventable home injuries, CPSC recently published its list of "Top Five Hidden Home Hazards."  A serious injury can change your life, or the life of your child, forever.  Your own awareness of these "Top Five" dangers can be your best protection from personal injury: Continue Reading...

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Metro area neighborhoods will observe the 24th Annual National Night Out -- a crime and drug prevention and awareness event sponsored by the National Association of Town Watch (NATW), a national nonprofit crime prevention organization.  The event occurs each year on the second Tuesday in August.  Thirty-four million people are expected to participate in "America's Night Out Against Crime" this year.  In D.C., Mayor Adrian Fenty and Police Chief Cathy Lanier will kick off the event at the Ledroit Park Market in the Northwest.  In Montgomery County, community events include parades, free food and other recreation.  In Fairfax County, a kick-off event will be held at Camelot Elementary School in Annandale, from 3pm to 5pm, with refreshments and child fingerprinting among other activities.  Continue Reading...

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After a local incident of carbon monoxide poisoning, D.C. Fire and Rescue officials say the episode was likely related to a malfunctioning hot water heater in the basement of a house.  Carbon monoxide is a colorless, tasteless and practically odorless gas, and is highly dangerous.  Continue Reading...

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Potomac River health and safety guidelines are inconsistent across local jurisdictions, according to a recent article in the Washington Post.  The District of Columbia bans swimming in the Potomac, Montgomery County says it's generally safe, and Prince George's County advises people to stay out, stopping short of a ban.   Environmental groups suggest that all of that advice could be prudent, depending on weather conditions.

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Dog bite injuries send approximately 800,000 Americans to the doctor each year and half of those are children, according to the U.S. Centers for Disease Control (CDC).  Among those injured, approximately 386,000 go to emergency rooms, and nearly a dozen die.  Continue Reading...

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The Consumer Product Safety Commission (CPSC) reports that each year, 260 children under the age of 5 drown in swimming pools, and many are entrapped by the suction from dangerous pool and spa drains. To help keep people safe in a season when many people seek relief from the heat in pools, the American Red Cross offers the following swimming safety guidelines:

• "Learn to swim. The best thing anyone can do to stay safe in and around the water is learn to swim well.
• Never leave a child unattended around water. Children should never swim unsupervised, and everyone should always swim with a buddy.
• Always keep basic lifesaving equipment by the pool and know how to use it. A reaching pole, a ring buoy, a portable phone and U.S. Coast Guard approved personal flotation devices are recommended. A pool alarm can also add a layer of protection.
• Be sure the pool is surrounded on all sides by a fence that is at least four feet high. It should not provide any footholds which would allow a child to climb over or spacing to climb through. The fence should have a self-closing, self-latching gate that is locked when the pool is not in use.
• Learn Red Cross CPR. Insist that babysitters, grandparents and others who care for your child know CPR. Post CPR instructions in the pool area."
  

The American Academy of Pediatrics, among other recommendations, advises the following:

• "Do not let your child use air-filled 'swimming aides' because they are not a substitute for approved life vests and can be dangerous.
• Remove all toys from the pool after use so children aren't tempted to reach for them."
  

The CPSC advises that the dangers of drain-related entrapment can be reduced by heeding this advice:

• "Never use a pool or spa with a missing or broken drain cover. Be sure a newer, safer drain cover is in place. The new drain covers are normally dome-shaped -- instead of the old flat drain covers.
  

• Consider adding a Safety Vacuum Release System (SVRS), a device that will automatically shut off the pump if a blockage is detected. 

• Have a professional regularly inspect your pool or spa for entrapment or entanglement hazards.

• Plainly mark the location of the electrical cut-off switch for the pool or spa pump. 
  

• If someone is entrapped against a drain, cut off the pump immediately. Instead of trying to pull the person away from the powerful suction, pry a hand between the drain and the person’s body to break the seal." 

Area residents of Montgomery County, MD are also encouraged to call that county’s Pool Safety Hotline this year to request a free evaluation of their private swimming pool.  The hotline number is (240) 777-2239.

If you or a family member has suffered injuries from defective swimming pool conditions, please contact Regan Zambri and Long at 202-463-3030 or contact us on line.

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For many years, hospitals, pharmaceutical companies, insurance companies, and defendants generally have settled cases with the caveat that the settlement and facts of the case be kept secret forever. Although their wrongdoing may have seriously, if not fatally, injured victims, their goal was to shield the rest of the world from their misconduct. In a recent decision governing the professional conduct of lawyers, the District of Columbia Office of Bar Counsel has made clear that a settlement agreement “may not compel counsel to keep confidential . . . public information about the case, such as the name of the opponent, the allegations set forth in the complaint on file, or the fact that the case has settled.” Bar Counsel rightly determined that, among other things, suppression of this information works to keep important information from other victims who deserve to know that their injuries may have been caused by the wrongdoing of others.

For the complete text of the rule governing lawyer conduct, please click here.

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Fire fatalities have steadily declined in the United States over the last few decades due in part to improved building codes requiring safety measures such as sprinkler systems, multiple fire exits and fire-resistant construction materials.  The recent deadly blaze in the Bronx, however, serves as a reminder that many of the country's big cities are packed with homes that have none of these safety features.  The March 7, 2007 fire claimed 10 lives when flames ignited by a space heater ripped through a century-old town house inhabited by two immigrant families from West Africa.  Investigators discovered a variety of dangerous conditions in the three-story home, such as no sprinklers or fire escape and only one stairwell, leaving residents no way out once that exit was blocked by flames.  The house had only two smoke detectors, neither of which had working batteries or was hard-wired to the electrical system, and was crowded with 22 residents, most of them children.  None of these deficiencies appeared to violate the city's building code. Continue Reading...

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During the holidays, families frequently include children in kitchen activities.  Constant and close supervision of children is critical to prevent injuries.   Because children have thinner skin, burns can be much more serious for them than for an adult.  Safe Kids Armstrong, a Pittsburgh chapter of Safe Kids, a worldwide organization working to prevent accidental childhood injury, offers specific common-sense suggestions to parents and caregivers while children are helping in the kitchen:

• "Never leave a hot stove unattended.
• Never hold a child while cooking or carrying hot items.
• Cook on back burners whenever possible, and turn all handles toward the back of the stove.
• Don’t allow children to wear loose-fitting clothing in the kitchen.
• Keep hot foods and liquids away from the edges of counters and tables.
• Tie up electrical cords of small appliances. A toddler playing with a dangling cord can pull a toaster or microwave down from a countertop.
• Install a carbon monoxide detector to alert everyone to get out of the house if there is a buildup of the odorless toxic gas given off by fuel-burning appliance."

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According to a recent story by Guy Leonard, Prince George’s County Fire Chief Lawrence Sedgwick is pushing for legislation in Maryland that would compel tobacco companies to ship fire-safe cigarettes to smokers.  Sedgwick announced his plan after several cigarette-related burn injuries and one death in a four-day period.

Six states have laws requiring tobacco companies to sell fire-safe cigarettes, products that burn more slowly when left unattended, to customers.  ‘‘As a fire chief, I am outraged that cigarette products are manufactured and available that would save lives and reduce property loss, however are only distributed in six states,” Sedgwick said.  To find out more, please review the full story. 

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According the Centers for Disease Control and Prevention (CDC),  the main cause for accidental death among people age 65 and older is falling.  Fatal fall rates rose for both men and women between 1993 and 2003, with men's rates increasing by 45% and women's rates increasing by 60%.   The statistics are available in CDC's Morbidity and Mortality Weekly Report.

Following are the CDC's recommendations for preventing falls in older adults:

• "Exercise regularly (get your doctor's approval first).
• Have your doctor or pharmacist review your medicines, including over-the-counter medicines.
• Have your vision checked at least once yearly by an eye doctor.
• Get up slowly from sitting or lying down.
• Wear shoes inside and outside the house.
• Avoid going barefoot or wearing slippers.
• Keep emergency numbers in large print near each phone.
• Put a phone near the floor in case you fall and can't get up.
• Think about wearing an alarm device that will bring help in case you fall and can't get up."

Following are CDC's recommendations for making homes safer for older adults to help prevent falls:
Improve the lighting.

• "Hang lightweight curtains or shades to reduce the glare.
• Remove throw rugs or use them with a nonslip backing.
• Keep objects like papers, books, and towels off the floor.
• Coil or tape cords and wires next to the wall so you can't trip over them.
• Fix loose or uneven steps.
• Put overhead lights at the top and bottom of steps.
• Make sure carpet on steps is firmly attached to every step.
• Put nonslip rubber treads on uncarpeted stairs.
• Fix loose handrails.
• Paint a contrasting color on the top edge of all steps so you can see the stairs better.  For instance, use a light-colored paint on dark wood."

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Carbon monoxide (CO) is a colorless, odorless gas produced by burning material containing carbon. CO poisoning can cause brain damage and, in severe cases, death. Because you cannot see it, smell it, or taste it, even at toxic or life threatening levels, it is considered a silent killer. Since so many deaths occur as the result of defective or poorly operated home heating devices, CO has been termed the "silent, cold weather killer." According to eMedicineHealth, it is the leading cause of accidental poisoning deaths in the United States. The U.S. Centers for Disease Control and Prevention (CDC) reports that, while all people are at risk for CO poisoning, certain groups — unborn babies, infants, and people with chronic heart disease, anemia, or respiratory problems — are more susceptible to its effects.

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The U.S. Fire Administration (USFA) has labeled October as National Fire Safety Month.  Across the country, fire departments will be focusing on educating the public on the importance of fire safety.  Each year many lives are lost to fire.  Many of these losses could have been avoided had proper precautions been taken.  Fire Safety Month provides an excellent opportunity to focus on fire prevention and bring fire related issues to the forefront.  There are numerous things that you can do to ensure that your family is prepared for a fire emergency.  An excellent resource for fire safety tips is the USFA's handbook entitled: "Working Together for Fire Home Safety."  The most important fire safety related tips that you can do for your family are to:

• Properly install, maintain, and test smoke detectors on each floor, outside each sleeping area, and in each bedroom.

• Develop and then practice your family's home fire escape plan. Everyone should know exactly what to do if you need to escape from your home.

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Taking the Metro to and from work is a great way to save money, protect the environment, and avoid the frustrations of traffic. However, the Metro also provides many opportunities for injury or theft. The Metro Transit Police Department statistics report that, while Metro crime has been declining in the past five years, there are still about a thousand crimes committed annually. The four most common are larceny, robbery, motor vehicle theft, and attempted motor vehicle theft.

The Metro Transit Police offers the following suggestions for traveling late at night: 

• Travel with people you know.
• Stand near other people when waiting for a bus or train.
• Ride in a car with other people in it or ride in the first car, which seats the conductor.
• Have your keys out as you approach your car.  About 75% of Metro crimes occur in the parking lot. Having your keys ready decreases your risk of being a victim. Lock the door as soon as possible after entering your car.
• If you feel unsafe, look for a Metro Police Officer. They patrol all over the stations.
• If you have a purse, make sure it has a secure clasp and keep it close to your body
• If you carry a wallet, the safest place for it is in the front pocket of your pants. You’re less likely to feel it if someone takes it out of your back pocket.

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Every year enjoyment of summer is marked by tragedy when swimmers drown or are permanently injured in near-drowning accidents. It has been estimated that as many as 350 children under the age of 5 drown in pools each year and another 2,600 are treated for near-drowning incidents.  Other dangers exist as well, especially of spinal injuries or paralysis from diving into too shallow water or injury from slips and falls.

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Under Virginia law, parents may be both criminally and civilly liable for hosting parties where alcohol is served to minors.  While some parents believe that “kids will be kids” and it's better to allow them to drink at home, in a supervised party, than somewhere out of the house, this simply isn't true.  As far as the law is concerned, children must wait until they’re 21!

As a parent, you can be criminally charged with a with a crime, specifically a Class 1 misdemeanor for purchasing, aiding and abetting, or giving alcohol to minors. This charge carries a $2,500 fine and/or up to a year in prison.

On top of any criminal penalties, you can be held liable for any injuries that occur to the child or injuries or damages caused by the child to anyone else.  

The Virginia Department of Alcohol Beverage Control offers a parental guide to hosting responsible teen parties.

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The National Resources Defense Council has issued a study called Testing The Waters, which discusses their annual survey of water quality on U.S. beaches. Maryland residents may be surprised to find that three beaches in Rock Hall - Bay Country Campground and Beach, Ferry Park, and Rock Hall Beach – violated federal water standards at least fifty percent of the time they were tested.

The NRDC estimates that at least 7 million Americans get sick each year swimming in polluted ocean water. The Great Lakes are even worse, as experts estimate that 11% of swimmers who put their heads underwater experience gastrointestinal problems. Continue Reading...

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D.C. defines a “dangerous” dog as one who has been trained to be vicious or has demonstrated behavior that threatens the public.

Dangerous dogs are impounded by the City until a licensed veterinarian has cleared them to be re-released to the owner.

D.C. does not establish any criminal punishment for the owner of a dangerous animal, but does hold owners civilly liable for any bites the animal inflicts.

Source: DC Consolidated Dog Laws

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Maryland defines a “dangerous” dog as one that has killed or inflicted serious injury on a person without provocation, been determined to be “dangerous” by a state official after (1) biting a person, (2) killed or severely injured a domestic animal when not on its owner’s real property, or (3) attacked without provocation.

If your dog is found to be “dangerous,” you may not leave him alone at home unless:

the dog is confined indoors; or

the dog is securely enclosed in a locked pen; or

the dog is securely enclosed in another structure designed to hold him.

Additionally, you may not take him off your property unless he is leashed and muzzled.

Failure to comply with these laws results in a misdemeanor, punishable by a fine of up to $2500.

Source: Maryland Animal Statutes

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Virginia classifies dogs with a history of attacking people or animals in two ways.

The state labels as “dangerous” any dog that has bitten, attacked, or inflicted injury on another person or domestic pet, or killed a domestic animal.

If a dog is labeled “dangerous,” his owner must obtain a license to possess the dangerous dog. To do this, the owner must present evidence that the dog will either be confined to the owner’s yard (fenced or confined indoors) or muzzled, he must post a sign warning others of the dog, and the dog must be permanently identified with a tattoo or electronic device implantation. If the dog is to be taken off the property (i.e. walked), he must be on a leash and muzzled. Failure to comply with this is a Class 1 Misdemeanor, punishable by up to 12 months in jail, up to a $2500 fine, or both.

The state labels as “vicious” any dog who has (1) killed a person, (2) inflicted serious injury on a person (several bites, serious disfigurement, etc.), or (3) be determined by an animal control officer to be continuously dangerous.

If a court determines a dog to be vicious, it shall be euthanized.

No dogs are per se dangerous of vicious solely based on their breed.

Source: Virginia Animal Law Statutes 

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According to Safer Parks, a consumer’s guide to safety at amusement parks and carnivals, amusement rides are “complex, powerful machines that expose children and adults to extremes of speed, height, and dynamic force. Although the rate of injury is low, the consequences of even a single failure can be catastrophic to the individuals involved.” Safer Parks recommends the following safety tips for amusement park patrons of all ages:

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

For guidelines on how to report an accident or safety concern, an overview of reporting steps, reporting forms, and links to the appropriate government agencies are located on the Safer Parks website. 

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A timely article by the Washington Post gives us an opportunity to follow up on our recent post about Virginia's new law regarding parental liability for teenage drinking.  Marc Fisher of the Post wrote an informative article about the indifference of some parents towards teenagers drinking in their house.  We’d like to pass along some highlights, but be sure to read the entire article when you have time. Continue Reading...

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On July 1, 2006, a new Virginia law took effect, making it illegal for adults to serve alcohol to minors in their homes.   Violators face misdemeanor charges and fines.  Governor Timothy Kaine signed the bill in the spring, with overwhelming support by the General Assembly.  According to the bill's main sponsor, Del. Brian Moran, " This would require more personal responsibility from parents."   The legal drinking age in Virginia is 21.

The law's purpose is to deter adults from allowing teenagers to consume alcohol in or near their homes.  The most likey scenario where this law would be enforced is at a large party where the parents are present and they either paid for or served the alcohol to the teenagers.  Exceptions are allowed for small family gatherings, guests over the age of 21 and guests accompanied by a parent, guardian or spouse over 21.

The Virginia General Assembly website provides the full text of this new "social host liability" law.  Law enforcement officials generally supported the bill but have questioned the feasibility of monitoring and enforcing this particular law.  However, lawmakers endorsing the law indicated that its value is more in prevention: "If parents are aware they are breaking the law, they might be less likely to serve alcohol to minors."

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