Florida Injury Lawyer Blog

Drunk driving is considered to be one of the most often committed violent crimes in the US. Each year, Florida attorneys spend hundreds of hours in court involved in auto accident cases that result when impaired drivers get behind the wheel. Despite this, Central Florida police don't currently have any plans to adopt a plan that California has been successfully using to curb DUI charges and car accidents.

Fresno, CA was featured by U.S.A. Today as having a "model D.U.I. program" – Fresno police not only set up 73 checkpoints throughout 2006, but undercover officers began targeting potential drunk drivers at local bars. Fresno officials went undercover to major local bars and observed the clientele with an eye to stopping drunk driving – and car accidents before they began.

The unique DUI program stems from the fact that many people involved in DUI-related car accidents are coming from bars and pubs, according to Fresno authorities. By setting up a base of operations in these establishments, Fresno police believe they can reduce the number of auto accidents and fatalities linked to drunk driving. In 2006 alone, bar operations led to 138 arrests and the number of fatalities involving drunk drivers was reduced by more than 12 percent in the region – something that the Fresno police attribute directly to the success of their bar program.

The bar operations have not been without criticism, however. Some feel that targeting drinkers in bars is simply too much an invasion of privacy – after all, bar patrons who have not yet stepped behind the wheel of a car are doing nothing wrong. Several Florida lawyers and police forces are refusing to even comment on the Fresno operations. Others point out that Florida has DUI programs in place – programs that have reduced the instances of drunk driving in recent years.

Whether or not the state will eventually adopt the Fresno model of DUI control or not, though, few would argue that DUI continues to be a major problem on the streets of every state. Each year, personal injuries cases and car accident fatalities are the direct result of inebriated drivers. If you have been affected by a drunk driver or have been in a car accident, be sure to get help from qualified Florida attorneys. They can advise you of your rights and guide you through the legal process.

Continue reading "Should Florida Adopt California’s Plan For Reducing Car Accidents?" »

As we reported earlier this week, a nationwide food recall of Peter Pan and Great Value brand peanut butter was expected to lead to legal action, after it was revealed that almost 300 people had been affected by salmonella bacteria found in the product. It now appears that legal action is being taken. Lazaro Aleman, of Cutler Bay, Fla. And at least three other customers who have bought the affected peanut butter have filed suit.

The affected peanut butter is made by made by Nebraska-based ConAgra Foods in Sylvester, Georgia. Only Peter Pan and Great Value brand peanut butter with product code 2111 on the lid is affected by the salmonella. Last week, ConAgra recalled the affected products voluntarily.

Aleman’s Florida attorney is seeking class action status for his client’s lawsuit, which would protect customers who bought the peanut butter, whether they became ill from the product or not. So far, more than 100 people from around the state have expressed interest in joining this Florida products liability lawsuit.

Salmonella is a bacterial infection that can be serious, especially for those who are elderly, ill, or young. The foodborne illness causes fever, diarrhea and abdominal cramps, among other symptoms. Aleman has stated that both he and his young son suffered seriously after eating the tainted peanut butter and falling ill.

A class action lawsuit would allow anyone who purchased the affected Peter Pan and Great Value peanut butter to make a claim against the peanut butter manufacturer and even against the retailers selling the product in question.

This past week, Broward County officials put the ShuttlePort airport shuttle service company, on notice for having drivers with unsafe numbers of violations. According to officials, at least eight of the company’s drivers have too many violations to qualify for a contract with Broward County.

The interest by officials comes from a fatal collision that occurred recently involved a ShuttlePort driver who had an inadequate driving record to be working for the company. An investigation into that fatal car accident showed that the driver in question had six points on his driving records. Although no charges have yet been laid in the accident, the crash is still under investigation. However, the contract between ShuttlePort and Broward County does state that all drivers hired by the company must have less than three points on their record. Based on this, charges are possible against ShuttlePort.

Although the recent fatal car accident is the first involving one of ShuttlePort’s drivers, the company’s possible violations are a cause of concern. Although many people assume that car accidents usually involve personal vehicles, many thousands of people each year are injured or killed when using taxi cabs, shuttle buses, and other transportation services.

If you are involved in a car accident in a shuttle bus, taxi, or other public or commercial vehicle, it is important that you:

*Get the name and contact information of any other drivers or persons involved in the car accident.
*Get as much information as possible about the incident and the company. At the very least, get the driver name and contact information, the name and contact information of the company the driver works for, and the registration number of the car you are in.
*Get the names and contact information for any witnesses to the accident.
*Take photos of the accident scene, if possible.
*Get medical attention at once and get medical attention for anyone involved in the accident. Get a doctor to document your injuries thoroughly.
*Contact a good personal injury lawyer to help you get the best medical treatment and the best legal help possible.

Continue reading "Did This Florida Shuttle Company Hire Unsafe Drivers?" »

Officials from The Florida Department of Health recently sent out a warning to Florida residents about a possible salmonella threat. Peanut butter sold in the state may have potentially been tainted with salmonella. According to The Florida Department of Health, Peter Pan and Great Value peanut butter may be dangerous to eat. At this time, only the brands Peter Pan and Great Value, with a product code starting with 2111 are believed to be affected.

Officials are asking anyone who has purchased peanut butter recently to check their cupboards and pantries. Any Peter Pan and Great Value brand of peanut butter should be examined for its product code. According to officials, the product code is usually printed on the lid of the peanut butter container.

Anyone who finds that their Peter Pan or Great Value peanut butter has a product code that begins with the numbers 2111 should not eat the peanut butter. At least one resident of Alachua County, in Florida, has fallen ill after eating the peanut butter. ConAgra Foods, based in Sylvester, Georgia has already issued a voluntary recall of the product and grocery stores across the country are removing the peanut butter from their shelves. Nevertheless, officials worry that some customers have already bought the affected product.

Salmonella can cause potentially serious illness. Anyone who experiences symptoms such as stomach cramps, nausea, vomiting, diarrhea, or fever after consuming a product may be suffering from a foodborne illness. While in some cases, the illness will pass on its own, it is advisable to seek medical attention. If you have been injured by a food product, you may also want to seek the help of a qualified attorney as well. A good attorney can help ensure that you get the best care possible and that you understand all your legal rights.

In this particular case, it seems that up to 288 cases of foodborne illness across 39 states may be linked to Peter Pan peanut butter, according to research conducted by state health agencies and the Center for Disease Control and Prevention (CDC). Some of the alleged cases may have occurred as early as August 2006. The fact that the potential hazard has taken this long to come to light may mean that some legal action may be taken. In most legal action taken in food poisoning cases, a "product liability" legal theory is used to prove personal injury.

The Food and Drug Administration and the U.S. Consumer Product Safety Commission both alert customers to products suspected of causing personal injuries and illness in customers. You can contact these agencies to get information about current products that may cause injury or harm.

Florida state laws and federal laws mean that most employers are legally required to provide a safe workplace. This means a workplace that is free from any dangers that are likely to cause harm or death to workers. An employee has a right to a safe workplace and has the right to complain to their employer about unsafe conditions. Employees also have the right to complain anonymously to federal or state agencies if a workplace is unsafe.

By law, workers cannot be punished for reporting unsafe workplaces. Unfortunately, this does not prevent some employers from changing an employee’s duties or position after a complaint. This is why many workers choose to appeal to agencies anonymously or seek legal help when facing employers over unsafe conditions.

Florida has workers’ compensation laws to protect any employees who are injured or killed on the job. These laws are meant to offer fixed money compensation and reduce the necessity of appealing to the courts for compensation. These laws also protect employers by placing limits on how much compensation can be awarded to employees. Under Florida’s laws, workers’ compensation offers workers with permanent total disability 66 2/3% of the average weekly wage. Temporary total disability usually is compensated with 66 2/3% of the average weekly wage, with a limit of 104 weeks for recovery. Permanent impairment benefits amount to 75% of the average weekly salary in most cases.

In the state of Florida, workers’ compensation is administered by the Florida Division of Workers’ Compensation. The program is designed to be fair to both employers and employees. Employees are given benefits for injuries they sustained during work and receive money to replace lost wages during recovery. For employers, the program helps prevent lawsuits, even in cases where the company was negligent.

Unfortunately, because of concerns of fraud, some claims are not given the attention they deserve. Some employers and workers’ compensation experts dismiss some cases as frivolous. Some workplace injuries result in trauma or injuries that cannot be easily appreciated. This leads some employees to be given smaller benefits than they require for their medical treatment. In cases where an employer was clearly negligent and failed to provide a safe workplace, employees feel that some legal action needs to be taken to prevent the same accident from happening to another worker.

Employees who have been injured should seek help immediately. Injured workers should get the best treatment possible and qualified medical help at once. It is also important that healthcare professionals document all the injuries and that proof is gathered of the injuries and of the manner in which they occurred. Any workplace accidents need to be reported right away. If adequate benefits are denied, a worker can appeal to an attorney for help in getting fair benefits and compensation.

Continue reading "Workers’ Compensation In Florida " »

According to the National Center for Injury Prevention and Control (NCIPC) approximately 200,000 Americans have a disability associated with a spinal cord injury. According to the Center for Disease Control, about 11 000 people in the United States sustain a spinal cord injury yearly. Spinal cord injuries range from injuries that cause discomfort to spinal cord trauma that result in partial or full paralysis.

For people under 65 years of age, the leading cause of spinal cord injury is automobile accidents. According to the Center for Disease Control (CDC), people who are 65 years of age or older are most likely to sustain spinal injury from slip and fall accidents. Studies reported by NCIPC indicate that 18% of spinal cord injuries are caused by recreational or sports activities.

Whatever the causes of spinal cord injuries, these injuries can create permanent disability and even paralysis. Patients who sustain this sort of injury may require expensive medical treatment and lengthy rehabilitation. Spinal cord injuries may affect a patient’s lifestyle and ability to return to work. In addition, this sort of injury can result in emotional upset, withdrawal, and depression, especially in early stages when the patient is still getting used to the injury. NCIPC also reports that this sort of injury results in secondary negative health outcomes. Specifically, people with SCIs may suffer from urinary tract infections, pressure sores, spasticity, respiratory complications, and scoliosis as a result of their injury.

Studies about SCIs have shown that these injuries cost the country $9.7 billion annually. An incredible $1.2 billion is used to treat pressure sores alone. Everyone needs to be concerned about spinal cord injuries, as everyone may be affected at some point. Although studies have shown that males between 15 and 29 years old are most likely to sustain a SCI, the injury is truly non-discriminatory and can strike almost anyone.

According to the NCIPC and the CDC, there are a number of things that can be done to prevent SCIs:

*Put programs in place to reduce instances of SCIs. For example, programs to encourage safer driving can help prevent SCIs caused by automobile accidents. Greater awareness about the dangers that can lead to SCI may also encourage people to be more cautious with their health.

*Addressing transportation, falls, and firearms specifically. By reducing the number of accidents associated with these three risk factors, rates of SCIs may drop significantly.

*Changing current programs to make the message clearer. For example, providing more real-life examples that illustrate to youth why drinking and driving or reckless behaviour may be dangerous may make the dangers of spinal cord injury more real to target audiences.

*Involve healthcare workers, teachers, the public, and politicians in awareness campaigns. By allowing audiences to hear about spinal cord injuries from a variety of sources, it is more likely that the message will get through.

Ultimately, the best prevention may be an extra dose of caution and awareness. Being careful to check water levels before diving into a pool, slowing down when driving, and generally using common sense can reduce the odds of spinal cord injuries.

Homeowners and business owners alike have a responsibility to ensure that their premises are safe for visitors and guests. If you own a business and a customer slips and falls in your store or office, you could be held liable for any damages or injuries incurred. Even if you do not own your own business, if a delivery person or guest slips and falls in your home, you could be legally liable.

Many people do not think about slip and fall accidents, but these accidents cause serious injuries and even deaths each year. In most cases, it is important to prove liability in slip and fall accidents. Just because someone sustains an injury on someone else’s property, this does not immediately mean a strong case. Both visitors and home and business owners are responsible for safety. However, business owners and home owners are responsible for maintaining reasonably safe conditions. By being careful about the condition of your property, you can reduce accidents and can keep your loved ones safe as well.

The biggest contributor to slip and fall accidents are precipitation accumulations. Florida does not see much snow or ice, but even a thin layer of frost on the ground can be slippery and can lead to personal injury. Water inside and outside the building can also prove a danger to visitors. The law does not require business or homeowners to immediately remove any ice, snow, or rain, but owners are often found liable if property conditions result in unnatural accumulations of precipitation. For example, if a leaky roof results in water on the floor or if a badly installed drain leads to a puddle on the sidewalk, these conditions may mean a lawsuit if someone does slip and fall on the property.

Another potential hazard in a slip and fall accident is poor lighting. Inadequate lighting indoors or outdoors can lead to tripping and falling, especially if there is any unevenness of the floor or ground as well as poor light. If a homeowner or business owner knows they have poor lighting but fails to correct this, he or she may be held liable in the event of a slip and fall accident.

Surfaces pose another danger. If floors, parking lots, or walkways on your property are obstructed or are in poor condition, you may be held liable if someone slips and falls as a result. Business and home owners are responsible for filling cracks and evening out irregularities to prevent accidents. The one exception to this is public property – such as sidewalks – which is often the responsibility of the municipality. However, you can help prevent accidents and keep yourself safer by reporting any sidewalk unevenness or dangers to your city promptly.

Continue reading "Slip and Fall Accidents – Is Your Property a Hazard?" »

Products – ranging from car seats, to food products, to toys – harm people every day. Defective or poorly designed products can lead to personal injury, disability, or even death. In many cases, questions about products that have hurt someone end up before the courts. When these cases land before Florida’s courts, the courts ask a few basic questions before making decisions:

*How badly did the product injure someone?
*How did the injury occur?
*Was there something wrong with the product? If so, what exactly was wrong?

The answers to these questions can be very complicated, and courts use the ideas of products liability and negligence to come to a conclusion about the case. Products liability or strict products liability, as it is sometimes known, is focused mainly on the product itself. It may take into consideration design, for example. Negligence stresses the conduct of the seller, manufacturer, and distributor to determine whether there was something these parties could have done to prevent an injury.

When it comes to products liability, defective products generally fall into one of three categories:

1) Manufacturing defects. These defects occur when a manufacturer does not follow design directions exactly and creates a less than ideal product. If a food producer, for example, does not adequately heat a recipe and creates foods that cause poisoning in customers, this can be said to be a manufacturing defect.

2) Design defects. In cases where a product is manufactured well but still ends up hurting someone, the problem may be a design defect. This sort of problem is intentional, since the product is designed in a certain way. However, the designer may not take into account or may not adequately test the safety of a product before ordering its manufacture. For example, if a bicycle is designed with very thin tires for aesthetic purposes, it may tip over easily and cause accidents. This would be an example of a design defect.

3) Marketing defects. These defects are problems with the way a product is sold. For example, if a product has faulty instructions, directions, or warning labels, that may lead to an injury and in these cases the product may be said to have marketing defects.

Determining which type of defect applies in a specific situation is not always simple, and in some cases, more than one defect is present. If you have been injured by a product, then, it is important to contact a qualified attorney who can help you develop the best court strategy possible.

Most premises liability cases have to do with a specific location or premises. These cases are an issue when someone slips or becomes injured on another person’s property. A new case may take the definition of premises liability into cyberspace, however. A round of lawsuits filed in late January 2007 against social networking MySpace allege that the site failed to protect minors. Four families are suing the company, alleging their daughters were sexually assaulted after meeting men they had first encountered through MySpace. Attorneys representing the families claim that MySpace did not add security measures to the site, making minors vulnerable.

The website, owned by parent company News Corp., did eventually add some security features after widespread criticism that the site was doing nothing to protect minors. These security measures came too late, claim the victims’ families. In fact, the latest security features for MySpace – including a software program called Zephyr – were only released the same week the lawsuits were filed.

Experts in technology law have pointed out that message boards and social networking sites are not in fact required by law to have security features and in fact there are no laws governing the ways that these sites should operate. User agreements do ban specific illegal activities from sites, but each site is allowed to decide for itself how specific illegal activities will be stopped.

Another issue, claim technology experts, is how a large site such as MySpace can monitor and halt potentially illegal activity. Websites can use age verification and access controls, but these can always be circumvented by users. As many legal professionals have pointed out, web sites are not required by law to moderate their web sites, and doing so poses serious logistic challenges, especially on websites with heavy traffic.

Another challenge in the lawsuits will have to do with a lack of precedence. There simply have not been many previous cases like the one against MySpace, and that could make the families’ battle more difficult. In addition, a 2001 Florida's Supreme Court ruling could be an issue. The 2001 ruling found that in line with the U.S. Communications Decency Act of 1996, AOL was not liable for not policing chat rooms.

What is interesting about the MySpace case is that it is expected that the plaintiffs will opt for a "premises liability" argument. Although a web site is not usually considered a location or premises as such, creating this sort of argument allows the plaintiffs to argue that MySpace did not take adequate care to prevent foreseeable illegal acts.

A Center for Urban Transportation Research (CUTR) report released about the government gives some insight into Florida’s fatal pedestrian accidents – and offers some tools for reducing the accident rates. According to the report and according to findings reported by The National Highway Traffic Safety Administration (NHTSA), 28,970 fatal pedestrian accidents and 465,000 pedestrian injuries took place in the United States between 1990 and 1994. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) reports that roughly 9% of total US pedestrian accidents and pedestrian injuries occur in Florida. Pedestrian fatalities in Florida account for about 20% of car accident fatalities and 14% of traffic accident injuries.

The CUTR report finds that pedestrians and motorists do certain things to cause many pedestrian accidents, and this suggests that many of these accidents are preventable. According to the report, crash location and age of pedestrians affect fatalities. In Florida, the youngest and oldest walkers are most likely to be involved in pedestrian accidents. Pedestrians between 65 and 74 years of age are most likely to be killed in pedestrian accidents. Pedestrians moving along the roadway with traffic, and pedestrians who are crossing a roadway far from the intersection are most likely to be involved in an accident.

The CUTR report suggests that education of motorists and pedestrians can be a useful way to reduce accidents. Enforcement of laws against reckless driving can also help curb some of the behaviours that lead to pedestrian accidents, according to the report. The report also finds that increasing “WALK” signal times, and limiting vehicle turning movements can also help reduce the personal injuries and fatalities caused by pedestrian crashes.

The report does not suggest that motorists are not responsible for pedestrian accidents. CUTR finds that motorists who speed, drive carelessly, run stop signs and stop lights, and who refuse to yield the right-of-way dramatically increase pedestrian accident rates. Poor driving does increase the odds of pedestrian accidents and also increases the odds that those accidents will be fatal.

The National Center on Elder Abuse has reported that more than 2.5 million elderly persons are victims of maltreatment annually. This maltreatment can range from neglect to abuse. The National Center on Elder Abuse estimates that of all maltreatment, 15.7% is physical abuse, 0.04% is sexual abuse, 7.3% is emotional abuse, 58.5% is neglect, 12.3% is financial exploitation, 12.3% consists of other types of maltreatment, and 5.1% is and 0.06% is an unknown type of maltreatment. These statistics are a cause for concern, since the maltreatment that is most likely to be overlooked is also the most common form of abuse.

While physical abuse leaved physical evidence that loved ones may notice, many others kinds of maltreatment – including neglect and emotional abuse – leave few clues. While there may be few outward signs of abuse or neglect, though, The National Center on Elder Abuse reports that the effects of abuse and negligence can be far more harmful for the elderly. Elderly residents in facilities may feel more isolated than a younger generation with an active social life, and this can make it harder for the elderly to get emotional support and help for the abuse they have suffered. The elderly have bones that break more easily and take longer to heal, making any accidents or abuse very traumatic. Finally, the elderly are often on a limited budget and may not be able to easily save or recover financially from financial abuse.

According to The National Center on Elder Abuse, there are a number of factors that can make the elderly especially vulnerable to neglect and abuse:

*Dependence on caregivers.
*Problems with mobility can lead to lack of access to services and courts
*Fears of losing independence. Many people would rather not report a crime rather than be seen as frail and therefore subject to increased dependence.
*Lack of awareness about rights and supportive services.
*Distrust of help and support.
*Sense of helplessness. Unfortunately, some victims feel that there is nothing they can do and nowhere they can turn to for help.

One of the best ways to ensure that abuse and neglect do not occur is to choose facilities carefully and to observe care closely. Abused or neglected residents may seem withdrawn, may lose weight, and may not be washed regularly. Careful monitoring and a working relationship with the facility can help ensure good quality care.

Continue reading "Preventing Nursing Home Abuse & Negligence" »

Florida’s Long-Term Care Ombudsman Program has a website aimed at helping elders get high-quality care. The need for the program and website stems from the fact that the elderly at a number of care facilities in Florida and across the country are subject to nursing home and elder abuse. Elderly abuse leads to high levels of stress and can lead to depression. In some cases, abuse leads to personal injuries or even death, as those in care facilities are not always able to defend themselves from or survive an attack.

Florida’s Long-Term Care Ombudsman Program encourages anyone with a complaint to call the program or write a letter in order to launch an investigation. This complaint can be confidential. Some residents also have success in contacting an attorney, who can act as both advocate and investigator in order to resolve the problem and to ensure that the resident is provided with a safe environment. Residents can also call the Department of Elder Affairs, the Agency for Health Care Administration, or even the Department of Children & Families. In emergencies, it may be advisable to call 911 to contact local law enforcement for immediate help.

Any resident of a long-term care facility in the state of Florida retains the citizen rights they had outside the facility. In addition, residents have special “Residents’ Rights” protected by federal and state law. By law, long-term care facilities must place these rights where they can easily be seen by residents and must offer a copy of these rights to every resident entering the facility.

Abuse can happen in any type of facility that caters to the elderly. In Florida, there are three major types of facilities catering to the elderly:

1) Assisted Living Facilities. Under Chapter 400, Part III, Florida Statutes, these facilities are defined as complexes or homes where up to 500 residents live and receive help. These facilities may offer transportation, kitchen units, and other amenities.

2) Nursing Homes. Under Chapter 400, Part II, Florida Statutes, these are defined as facilities that offer 24-hour-per-day professional nursing care, room and board, medical treatment, personal care and custodial care. Staff help residents with daily tasks and recreation activities.

3) Adult Family Care Homes. Under Chapter 400, Part VII, Florida Statutes, this facility has a maximum of 5 elderly residents in a home-type environment. In this type of facility, staff offer room, board, and any help the residents need.

All these facilities are covered by laws regarding care and all must adhere to specific laws. If you or a loved one are experiencing abuse at any of these facilities, you are protected by the law and have a right to seek help.

In 2003 and 2004, the state of Florida implemented a number of reforms that capped the amounts that attorneys can gather from medical malpractice rates. The move was ostensibly meant to reduce the number of lawsuits filed and to ease the stress on malpractice insurers. The move has left many patients worried, however, about their rights to fair compensation for the pain and suffering inflicted by medical errors and doctor negligence.

In January 2007, The Florida Office of Insurance Regulation held public hearings to look at medical malpractice rates proposed by Steve Burgess, Florida's Insurance Consumer Advocate. The hearings stem from the fact that Pro National Insurance Co.'s has recently requested an overall rate decrease in Florida of 8.6 percent. This rate would apply to medical malpractice liability policies.

Florida Sen. J.D. Alexander sponsored an amendment to stabilize the insurance market in the state. The amendment suggested excluding medical malpractice insurance from a potential surcharge that would be applied to property insurance. The move is meant to address the problem of doctors who are leaving Florida or refusing to take high-risk patients because of malpractice concerns.

Studies have suggested that high medical malpractice premiums in Florida prevent some medical students from taking high-risk residencies – such as in ob/gyn – partly because they fear getting sued and partly because of high premiums. This has resulted in a shortage of qualified health care practitioners. Florida doctors who have three malpractice judgments on their records may lose their license, but there is now limit as to how much can be collected in malpractice cases.

This causes some concern to patients who have been affected by malpractice. Negligence or intentional injury inflicted by a health care worker can cause wrongful death, disability, and serious personal injuries. Some victims are confused about their rights under the new rules. If you have been injured because of the actions of a health care professional, you may need to speak to an attorney to fully understand your options and rights.

The American Lung Association has been raising awareness about Mesothelioma for years, but, unfortunately, many people each year still develop this form of cancer from exposure to asbestos. In many cases, older homes, schools, and workplaces contain asbestos and in some cases, this carcinogenic material can result in serious illness. Being aware of the risks can help everyone stay safer, according to The American Lung Association.

It is important to understand what asbestos and Mesothelioma are in order to reduce risks of exposure. Mesothelioma is a form of cancer that affects the cells that line various organs. Mesothelioma is rare and usually attacks the mesothelium, or the cells that line the lungs, although it can also affect the lining of the heart or abdominal organs. The most common form of this cancer is known as Pleural Mesothelioma. In Pleural Mesothelioma, malignant tumours grow on the sac that protects and lines the lungs.

Whichever organs Mesothelioma attacks, the cancer is usually caused by exposure to a substance known as asbestos. Asbestos is a fibrous mineral that was once very popular as a building material, as the substance is resistant to frame. Builders and those manufacturing the product saw asbestos as a way to make buildings safer from fire, but subsequent research revealed that the material is highly carcinogenic. Even exposure to just a small amount of asbestos or exposure for just a few weeks greatly increases the risk for Mesothelioma.

According to The American Lung Association:

* Mesothelioma does not develop quickly after asbestos exposure. In many cases, 35, 40 or even more years pass by from the time of exposure to the appearance of tumours.
*Anyone who believes that they have been exposed to asbestos should look for the most common symptoms of Mesothelioma. These include chest pain, shortness of breath, difficulty breathing, abdominal pain, and a persistent cough. However, anyone who has been exposed to asbestos should be tested for Mesothelioma periodically, as some patients have few or no symptoms.
*It is important to seek treatment right away for Mesothelioma. Many patients live 4 to 12 months after symptoms develop. However, treatments such as chemotherapy, radiation, or surgery can extend expected life span.

Continue reading "Asbestos & Mesothelioma – The Facts" »

The Humane Society of the United States (HSUS) has stepped up its campaign to increase awareness about dog bites. It is estimated that dog bites lead to about 5% of all emergency department visits, with thousands of people bitten by dogs each year. According to findings published by HSUS, the elderly, children, and mail carriers are among those most at risk for dog bites, although virtually anyone can be affected.

Although some dog owners claim that their dogs are not aggressive, HSUS has found that the majority of dog bites were inflicted by dogs who were considered unlikely to bite. According to HSUS, there is not always previous indication that an animal may turn aggressive. For this reason, the Humane Society offers a number of tips for preventing dog bites:

*Do not approach strange dogs. Be especially wary of dogs that are confined.
*Avoid running past dogs. Even un-aggressive dogs will sometimes start to chase someone who is running, as this is natural instinct for the animals.
*If a dog is aggressive towards you, avoid eye contact, remain motionless and stay quiet until the dog leaves by itself. Once the dog is no longer threatening you, back away slowly and quietly, while keeping your eye on the dog. This makes you seem less threatening to the animal and increases the odds that the dog will leave you alone. Try not to scream – the sound is likely to aggravate the animal and make it even more aggressive.

If you own a dog, you can take steps to greatly reduce the instances of dog bites. Keep in mind that if a dog you own attacks someone, you may be held liable. In almost all cases, the dog will be put down. To avoid this sort of difficult situation, HSUS recommends that all dog owners:

*Take their dogs to obedience school. Proper training can help you control your dog and potentially avert a problem.
*Keep your dog indoors unless you can supervise your pet. Especially be sure to keep your dog indoors when the letter carrier arrives. Your pet may wish to protect your home and family and may see the letter carrier as a threat.
*Avoid tying up your dog for extended periods of time and be sure to offer your pet plenty of attention and affection. Animals that are neglected are often poorly socialized and are far more likely to bite.
*Neuter or spay your pet. This reduces aggression and makes your pet far less likely to bite. In fact, HSUS reports that dogs that have been spayed or neutered are up to three times less likely to bite than dogs that have not been neutered or spayed.

Thursday, February 1, 2007, saw a construction accident that left three workers injured and more than 18 000 customers without power in the Florida Panhandle. During the afternoon, three workers were working on rolling metal scaffolding. The scaffolding rolled into a live 115,000-volt power transmission line. The line links a power plant and substations.

The three workers have not yet been identified, but it has been reported that all three were airlifted to the University of South Alabama and to a Pensacola hospital for emergency treatment. The condition of the workers is not known, but all customers who lost power as a result of the outage had power restored by 6:20pm the same day, say officials.

Construction accidents like the above do not always make the news, but they can be very serious. Sadly, many accidents prove to be preventable. According to a 2001 article written by David B. Rosenbaum, some construction sites have greatly smaller instances of accident and injury than others. Rosenbaum concludes that projects where safety was a priority had far fewer accidents than other sites. When safety was listed as a budget item, when managers took a personal look into accident and injury complaints, and when anonymous tipping about unsafe behaviour was encouraged, accident instances dropped dramatically. The construction sites that saw the least accidents had a few things in common:

*No more than 50 workers assigned to each safety professional
*Subcontractors were requested to submit safety plans for each site specifically
*Every employee received a minimum of four hours of safety planning each month
*There was a formal safety plan in place
*Everyone – employees, managers, and subcontractors – were involved in the safety process
*Risks were anticipated and minimized ahead of time

Continue reading "Construction Accident Injures Florida Workers and Causes Power Outage" »

Children are at risk in the US. The statistics gathered each year about injuries to minors and children would give any parent pause. According to the Center for Disease Control and Prevention, 70 teens die from work injuries each year and about 77,000 are taken to a hospital emergency room because of workplace-related injuries each year.

Work is not the only hazard to minors. The CDC reports that 906,000 children in the United States were maltreated in 2002. The same source reported that in 2004 1,638 children died as in car accidents, and approximately 214,000 were injured in automobile accidents. The CDC also reports that children 14 years and younger account for 45% of all fireworks-relate injuries each year.

Even playtime is not without its hazards: The CDC reports that each year 200 000 children 14 years of age or younger are treated in hospital for injuries incurred on the playground. The CDC reports that children 4 and under are at the highest risk for injury in fires. Children 14 years of age and younger are also at risk for brain injury, according to the same source. Each year, 2,685 children die from brain injuries, 37,000 are hospitalized for brain injuries and 435,000 visit emergency departments each year due to head trauma.

The CDC reports that many children each year receive medical treatment for near-drowning, which can result in serious injury. In 2004, over 750,000 youth between the ages of 10 and 24 needed to visit emergency departments because of violence that lead to injury.

The CDC publishes a number of brochures and informative papers about preventing childhood injuries. Among these brochures, a common theme emerges: awareness and monitoring can go a long way towards preventing injuries to minors. Adults responsible for children can ensure that younger children are always supervised at play. Simple safety devices – such as car seats or seatbelts in cars and safety jackets on boats – can help prevent injury in the case of an accident. Being aware of a child’s habits and friends can help prevent injury due to violence or bullying. Parents can also be aware of any potential dangers in the home – dangers such as poisonous chemicals in household products or sharp surfaces – and can either remove those dangers or take steps to ensure that children in the home are not affected by the dangers.

According to Rick Halpert, JD, writing for The Phoenix Society Newsletter, the answer to that question is “yes.” Burn injuries stemming from accidents, fires, workplace accidents, and other traumas can be extremely difficult to bear. Burn injuries can lead to disability, expensive rehabilitation, and even disfigurement. Dealing with the pain and with the appearance of severe burns can have serious emotional impact, according to the Burn Survivor Resource Center. Burn victims may feel isolated, angry, and can even suffer from severe depression as a result of their injuries.

Attorneys can help patients with physical and emotional recovery, according to Halpert. Attorneys can help ensure that patients get the best reconstructive and rehabilitative help possible. While many insurance companies will try to impose limits on the type and level of medical help a patient can receive, a qualified attorney can work to ensure that patients get all the help they need – even help that may be above and beyond a policy.

Attorneys can also be instrumental in helping burn survivors to recover emotionally. Qualified attorneys are sensitive and can help a victim overcome their feelings of fear, anger, and unease. More importantly, an attorney can help a victim get real answers about what happened to cause an accident. By finding who is responsible for a burn injury, an attorney can help the victim find some meaning and closure from a traumatic accident.

Since attorneys are so key in the healing process, burn injury patients may want to hire a qualified attorney as soon as possible after an injury. After all, if an attorney can help in getting the patient better medical care, the sooner the attorney is hired, the more he or she can help in rehabilitation. Hiring an attorney quickly also ensures that the attorney can gather the facts and physical evidence that may disappear over time.

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A brain injury occurs when an external trauma or hit to the skull damages the brain. The State of Florida officially defines brain injury as:

An insult to the skull, brain, or its covering, resulting from external trauma, which produces an altered state of consciousness or anatomic, motor, sensory, or cognitive/behavioral deficits.

There are actually two types of brain injuries: “closed brain injuries” and “open brain injuries.” Both can be serious. In a closed brain injury, a fall or a car accident can cause a person’s skull to come into contact with a hard surface. When the skull hits an object, the brain inside the skull moves and can become injured. The brain can rebound against the skull or can twist on its axis. This can result in widespread or localized damage. If the brain is bruised or damaged in more than one area, the patient has suffered from what is known as diffuse damage.

An open brain injury occurs when an object penetrates the skull and damages the brain. This can occur from a gunshot wound or even from a car accident in which the impact of the skull against a hard surface actually causes the skull to break. In an open brain injury, trauma or injury usually occurs to one part of the brain.

When a brain injury is severe, a patient may be unconscious for some time before recovering. In milder injuries, a patient may never lose consciousness. According to the Brain Injury Association of Florida, though, anyone who has suffered a brain injury should seek medical help at once. Even seemingly minor injuries can result in cognitive impairment and other problems. Getting medical attention at once is also crucial since it allows the injury to be documented. This is important in case the patient later suffers from the injury and requires legal counsel in order to get compensation for their suffering.

Brain injuries can be a very difficult form of personal injury. This is because even mild brain injuries can result in serious symptoms, such as:

• memory loss
• problems concentrating and completing simple actions
• speech difficulties
• hemiparesis
• seizures
• spasticity
• anxiety and depression
• inappropriate behaviors
• vision problems
• inability to use judgment the same way
• problems with perception and direction
• slower thought processes

Some victims may experience other symptoms as well, according to the Brain Injury Association of Florida. Recovery from this type of injury can be lengthy and medical treatment can be expensive. Once brain cells are damaged, new cells simply cannot grow, so in serious injuries, much of the recovery is about rehabilitation and adjustment to a new lifestyle.

Florida has many waterways perfect for boating. Possibly as a result, the state is second in the nation when it comes to boating accidents, according to the Florida Fish and Wildlife Conservation Commission. Within the state, Okaloosa and Bay counties were in the top 10 Florida counties for accidents. The two counties combined saw more than fifty reported accidents in 2004 alone. Escambia ranked 18th in the state and Santa Rosa ranked 24th.

Florida has a number of laws meant to reduce boating accidents. Boaters 21 years of age and under must have a Florida Boating Safety ID whenever operating a boat with an engine of at least 10 horsepower. These IDs can be obtained by taking a boating safety course. The course must be approved by the Florida Fish and Wildlife Conservation Commission and the National Association of State Boating Law Administrators (NASBLA) in order for the boater to qualify for the ID. Once the course is completed to satisfaction, the Florida Fish and Wildlife Conservation Commission will issue the card.

Although only those who are 21 years of age or younger are required by law to have the ID card, every new boater and every boater operating a new type of vessel is encouraged to take NASBLA-approved courses to learn the basics of boating safety. Most boating accidents can be prevented when vessel operators have the right boat operating skills.

Today, getting a course in boating safety is even simpler. An on-line course is available from The Florida Fish and Wildlife Conservation Commission. The course, “How To Boat Smart, Florida Boating Safety Course,” helps boaters learn about equipment requirements, rules of the waterways, boating skills, and other topics essential for water safety. Other groups, such as the U.S. Coast Guard Auxiliary and U.S. Power Squadron offer classes at a number of convenient locations. Even experienced boaters may find that they can decrease their odds of an accident by taking a course.

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The University of Florida Police Department has registered more than 30 000 bicycles, which is quite a considerable number for a campus with over 50,000 faculty, staff and students. Earlier this month, the University of Florida also worked to increase awareness about bicycle safety, to curb the bicycle accidents that can happen on the busy campus.

The University passed out flyers and the campus newspaper published stories to draw attention to the issue. According to the University of Florida Police Department, a key problem on campus are bicycle-pedestrian collisions. This is simply because many students and faculty walking to and from class as well as many bicyclists rushing to the same classes can create accidents. Although pedestrian-bicycle accidents are rarely fatal, they can be a cause of personal injuries.

Of course, when students and other members of the University of Florida take their bicycles on the road, off-campus or onto the campus areas where cars are more frequent, fatal accidents can occur. Whether trying to prevent motorist-bicycle accidents or pedestrian-bicycle accidents, the University of Florida Police Department has the same message to everyone on campus: Remain aware of surroundings. According to the University of Florida Police Department, most collisions involving bicycles could be avoided if bicyclists, pedestrians, and motorists all showed greater caution and greater awareness of what is going on around them.

One of the major culprits, according to campus authorities, are cell phones, and other distractions. Many students will chat on their phones, eat their lunches, listen to ipods and otherwise distract themselves while riding bicycles. This can dramatically reduce response time and can create any number of dangerous situations.

Another problem that the University of Florida Police Department sees is to have a warning system on hand. When coming up behind a pedestrian, it is mandatory to give warning, either with a bike bell or verbally. Otherwise, the University of Florida Police Department advises that everyone stay in designated pedestrian or bicycle lanes and generally exercise some caution. Since bicycle accidents can lead to brain injuries and other serious injuries, the University of Florida Police Department offers special classes to those bicyclists who have at least one citation.