May 31, 2007

Workers’ Compensation Case Settled in Florida

In Clearwater, Florida the case involving Robert Scott was recently settled. Scott was a Clearwater building inspector. He suffered a work-related accident on 27 August 2003. The back injury that resulted from the accident was serious enough to warrant surgery. Even after the surgery and intensive treatment, he still has physical restrictions as well as pain. Treatment is ongoing for the injury and in the meantime Scott is unable to resume his work as a building inspector.

Scott’s employment was terminated in February 2004. At that time, he took out his share of the pension fund provided by the city. Eventually, Scott also filed a suit against the city. Recently, a settlement was reached in the case. Outside counsel advised, and the city accepted, a full settlement of $150 000. The proceeds will be paid for the Central Insurance Fund belonging to the city.

The City Council unanimously accepted the mediator’s view that Scott should be paid in full. The recommendation made by outside counsel, Tim Jesaitis was accepted and it is expected that the May 17 decision by the city will be honoured.

The Clearwater case is not the only situation in which building inspectors and other professionals are injured on the job and face problems getting their workers’ compensation claims recognized. Although Scott is receiving disability payments, he had to pursue his claim from 2003 to this year in order to get the compensation he deserved.

Florida workers who suffer a personal injury on the job should always seek the help of a qualified Florida attorney. A good Florida lawyer can continue to pursue a case and continue to agitate for the full compensation that an injured worker it entitled to under the law.

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May 30, 2007

Products Liability Cases and Product Recalls That May Affect Florida Customers

Media sources are reporting that Ole Mexican Foods' Verole Queso Fresco Authentic Mexican Crumbling Cheese and Ole Fresco Authentic Mexican Crumbling Cheese may be affected by E. coli bacteria. The cheese was distributed in Florida and state inspectors are working with grocery chains to remove the products. In the meantime, customers should check their refrigerators and return the cheeses to the stores where the products were bought. So far, no illnesses have been reported.

A lawsuit has been filed in Florida and Massachusetts, accusing some soft drink companies of not doing enough to prevent the formation of benzene in soft drinks. Drinks that contain Drinks that contain vitamin C (ascorbic acid) and either sodium benzoate or potassium benzoate may produce a reaction when exposed to heat or light. This reaction can cause benzene to form. Benzene has been linked to leukemia.

Florida Sen. Steve Geller is taking on Internet wine retailers. The senator hopes to limit out-of-state wines imported into Florida. The move is an attempt to prevent underage drinkers from buying inexpensive online wines and having them delivered to their homes.

In Florida, a Judge has allowed a class action lawsuit against Fidelity Federal Bank & Trust. The lawsuit stems from allegations that Fidelity violated the Driver's Privacy Protection Act by obtaining the driver registration information of a Florida driver from the State of Florida. The information was gathered for Fidelity Federal's marketing efforts.

The CDC is warning customers about AMO Complete MoisturePlus Multi-Purpose lens solution. A number of complaints and subsequent investigation has revealed that the solution can cause a potentially blinding but rare eye infection The manufacturer, Advanced Medical Optics in Santa Ana, California has voluntarily pulled the product. Cases of the rare infection Acanthamoeba keratitis – have been reported by some users of the lens solution. The infection cases a hazardous inflammation of the cornea that can cause blindness if untreated. It is expected that lawsuits will be filed in this case so that victims can recover damages for the personal injury this product has caused.

Each of these cases has the potential to become a products liability case. Manufacturers, retailers and producers of products have an obligation to ensure that the products they sell are safe for the public. When negligence causes personal injury to customers, customers can seek legal help from a qualified Florida attorney. A good Florida lawyer can help the customer get the compensation they deserve so that proper medical treatment and help can be rendered.

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May 28, 2007

Why Does Nursing Home Abuse and Neglect Occur in Florida?

According to Quality of Care in Nursing Homes, a recent government report, the country’s nursing homes and assisted living communities are showing a frightening trend towards increased health and safety failures. Although a number of lawsuits against communities have raised awareness about the problem, the industry still seems to be failing some residents. According to experts, there are a number of reasons why this abuse and neglect is allowed to occur:

*Lack of background checks. Currently, over half of all states require nursing home staff to get some form of background check, but no national background check is required. A 2005 report from the Government Accountability Office criticized this procedure, as it allows potentially unqualified staff to slip through into employment.

*A combination of residents. Recently, this blog reported on a nursing home resident who was violently assaulted by a fellow resident. That story highlighted a common problem: various residents are often placed in one home. Some residents may have criminal records or violent pasts and may be placed with little supervision alongside residents who may not be able to resist. This can lead to assault and resultant personal injury.

*Lack of training and monitoring. Most staff are carefully trained, but some do not get the monitoring and special training they need to deal with specific situations. When this occurs, slip and falls accidents and other serious injuries can occur to residents.

*High patient to staff ratios. In cases where homes are crowded, there may not always be enough staff to properly devote enough time to each resident. In cases where workers have case loads that are too large, negligence can occur. Improper management of care facilities is a related cause of some cases of negligence and abuse.

*Lack of family involvement. According to some experts, this is one of the biggest factors leading to abuse and negligence. In many cases, it is family and friends who are able to spot warning signs and either prevent abuse or stop it. Many experts advise friends and family to visit care facilities regularly and ask questions about care received.

If you have a friend or loved one who may be suffering from nursing home abuse or neglect, contact the authorities. Also consider contacting a qualified Florida attorney. A qualified Florida lawyer can represent your loved one and can ensure that they get all the assistance and help due to them under the law.

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May 25, 2007

School Violence Can Mean All Sorts of Injuries to Florida Minors and Children

The recent tragedy at VirginiaTech once again shone the spotlight on school violence. Although that tragedy garnered nationwide headlines, smaller instances of school violence do not usually make the news. According to the Centers for Disease Control and Prevention (CDC), many students across the country are exposed to traumatic events at school and at home. Parents should be aware that while violence and traumatic events in the schools can cause physical injuries – such as burns, cuts, wounds, brain injuries, spinal cord injuries, and other forms of injury – it can also cause stress and trauma, which needs to be addressed.

Minors and children exposed to school violence and other traumatic events may react with grief, sadness, and anger. Communication with loved ones may break down and students may try to isolate themselves as they deal with their emotions. Some students seem to handle the trauma very well, only to experience suffering at some later point in time. Students who have witnessed a traumatic event at school may have disturbing memories or nightmares. They may have trouble eating, sleeping, or concentrating normally and they may feel nervous or simply numb. While all these responses are normal, it is important that affected students speak with someone and get support from family or professionals.

It is helpful if victims and witnesses of a traumatic event can maintain a normal routine and take good care of themselves while recovering from a trauma. Although time will diminish some of the symptoms of stress, taking drugs or alcohol or taking part in other self-destructive activities can severely delay healing, according to the CDC.

Parents can help their children in cases of trauma. The CDC suggests that parents speak with their children after a traumatic event. While pressuring students to open up is rarely a good idea, asking questions such as “What do you think about what has happened?” or “Why do you think this may have happened?” can start a conversation that students can then direct. Parents should ask not only immediately after an event, but should follow up weeks and even months after an event has passed, to make sure that children and teens continue to cope well.

The CDC also points out that it is important for parents to keep an eye out for troubling behavior. Even relatively minor problems such as changes in eating or sleeping patterns can signal that a child or teen is having trouble coping. Sudden changes, such as the use of alcohol and drugs, need to be addressed immediately.

Talking with other parents, school officials, and health professionals is important, according to the CDC. Parents can share information and strategies and professionals can help provide important resources and help. It is important for parents to realize that having an injured or traumatized child at home is stressful for the entire family. If a parent can discuss the situation with a third party, which can often help the stress levels inside the home.

If your child or minor has suffered trauma or an injury due to school violence or some other traumatic event, you may wish to contact a qualified Florida attorney. A good Florida lawyer can help ensure that your child gets the best help possible to overcome the stress.

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May 23, 2007

Red Flag Warning Signs of Nursing Home Abuse and Neglect

Many cases of nursing home abuse and neglect continue on simply because friends and loved ones overlook warning signs that indicate that something is wrong. It is important to never overlook these signs, as abuse and neglect can lead to serious personal injury and even to premature death. The red flags of neglect and abuse in nursing homes are :

*Weight Loss. Staff of a nursing home should offer nutritious food and water that helps keep weight steady. For the elderly, sudden weight loss can lead to weakness and an inability to fight off illnesses. Although some medications and conditions can cause weight loss, it is important that staff make every effort to keep weight steady.

*Bruises. Any mark or bruise should be brought to the attention of staff and a full explanation should be offered. An analysis of why the bruise occurred is important. In the elderly, bruising can take a long time to heal. Bruises and marks can also be a sign of inadequate monitoring, of abuse, or of unreported slip and fall accidents.

*Falls. Slip and fall accidents are not a normal part of growing old. In a nursing home, care should be taken that residents are not prone to these sorts of accidents. For the elderly, slip and fall accidents can cause brain injuries, serious hip injuries, spinal cord injuries, and in some cases, can even prove fatal.

*Bedsores. Like falls, bedsores are a clear sign of negligence. Bedsores are red marks on the skin caused by poor nutrition and by prolonged time spent in bed. They are a sign that patients are left unattended for long periods of time. In severe cases, untreated bedsores may become infected or may eat through skin and muscle all the way to the bone. They are painful and completely preventable.

*Restraints. Some nursing homes use restraints to physically not allow an elderly resident full mobility. Homes may use physical restraints or may simply tuck blankets or sheets so tightly around patients that movement is hampered. Heavy sedatives are also sometimes used to keep residents quiet and not as mobile. Restraints show in attention and can be a form of abuse. They can have serious side effects, as well. Physical restraints can cause physical injury and can prevent a resident from indicating when they need help.

*Inattention. When staff are not able to give full attention to each resident – because of overwork or understaffing, in most cases – mistakes can occur. Patients may not be given the right care, mistakes in medication may be made, and patients may not be given the exercise and help they need. Inattention can be fatal, since inattentive staff can overlook signs of serious injury or illness. Inattention can also reduce the quality of life for residents, since residents do not get the attention and care they deserve.

If you notice any of these symptoms, bring it to the attention of the staff of the facility where your loved one is. If you feel that your loved one is being neglected or abused, do not hesitate to act. The sooner you can help, the sooner the abuse will stop. One solution is to contact a qualified Florida attorney. An experienced Florida lawyer will have the expertise needed to stop the abuse.

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May 21, 2007

Seat Belts are Key to Preventing Florida Automobile Accident Deaths, CDC Says

This summer season, the CDC is working with law enforcement agencies across the country to promote a summer campaign called “Click It or Ticket.” This US-wide seat belt enforcement program hopes to reduce the personal injuries and deaths that are caused by car crashes. Running from May 21 to June 3, the program will try to get everyone to buckle up each time they get into a car. Campaign organizers say that they hope the lessons learned will last far past June 3.

During 2005 alone, safety belts are estimated to have saved the lives of 15,632 Americans over 4 years of age. According to the same 2006 NHTSA findings, child-restraints helped to save 420 children ages 4 years and younger. Studies show that passengers and drivers alike have halve their risk of dying in car accident just by wearing a seat belt.

According to the CDC, personal injuries caused by car crashes kill more Americans between 1 and 34 years of age than any other cause. According to the NHTSA, 31,415 car occupants died in the United States in 2005 in car accidents. More than half of these victims were not wearing seat belts.

In addition to the fatalities, many more occupants sustained serious burn injuries, scarring, spinal cord injuries, broken bones, brain injuries, and other disfiguring and disabling injuries. Just as seat belts can help prevent deaths, so the CDC points out that seat belts and child restraints for younger passengers can dramatically reduce the instances of serious injury.

Now that the summer means more children home from school, the CDC and law enforcement officials across the country hope that more parents and children will buckle up. More children will be driven to camp, stores, and extracurricular activities at all hours of the day and night in the summer. It is imperative that everyone in every car is using seat belts to help prevent tragedies this summer.

If you or a loved one have been inured in a car accident, contact a Florida attorney today. Qualified Florida lawyers can help you get answers about the accident and can help ensure that you get all the assistance you are entitled to by law. If a seat belt or car part is proven defective, Florida attorneys can help ensure that other families do not suffer because of the unsafe product.

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May 18, 2007

National Nursing Home Week Can Shine Spotlight on Nursing Home Abuse and Negligence

40 years ago this week, the American Health Care Association (AHCA) instituted National Nursing Home Week. Meant as a time of education and awareness, the week aims to help people think about care options for the elderly. This week has been National Nursing Home Week, and the AHCA hopes that people will continue to discuss and think about nursing facility life not only this week, but in the weeks to come.

The AHCA suggests that this week is a perfect time to visit loved ones in facilities, as many facilities around the country will be hosting special events. According to the AHCA, the week aims to honor not only those who live in care homes, but also the caregivers, nurses, and staff that enrich nursing home life.

Florida attorneys think that National Nursing Home Week is a great idea. There certainly should be a celebration of the dedicated staff and nurses who work at care facilities. However, Florida lawyers who see cases of personal injury, slip and fall accidents, and instances of nursing home abuse and negligence, know that this week can be an important week of prevention, as well.

Although most staff who work at care facilities are caring, instances of abuse and neglect can occur, and some staff at care facilities are not adequately trained or hired. Family members who regularly visit friends and loved ones in care – as the AHCA suggests – can often see signs of abuse and work to stop it.

Signs of neglect and abuse can include physical evidence (bruises, marks, injuries, unkempt appearance), emotional evidence (a loved one seems withdrawn, unhappy, frightened), or financial (a loved one seems to be spending inordinate amounts of money on care without clear evidence of where that money is going).

Loved ones who see signs of abuse should contact the authorities immediately. They may also want to contact Florida attorneys. Florida lawyers can help take an elderly loved one out of a bas environment and can gather evidence. Most importantly of all, qualified attorneys can offer an abused or neglected elder all the protection the law affords.

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May 17, 2007

Florida Consumers Should Be On The Alert for Defective Products in Wake of GE Recall

A wiring problem that could lead to fires and burn injuries is prompting appliance giant General Electric Co. to recall 2.5 million dishwashers. The recall affects dishwashers sold under the GE Monogram, Hotpoint, Eterna, GE, GE Profile, and Sears-Kenmore brand names.

According to the U.S. Consumer Product Safety Commission, customers should examine their dishwashers. Any customers who find that their dishwashers are affected by the recall should stop using their devices at once. Customers should contact GE for a rebate towards a new appliance or for free repairs.

According to the government, the dishwashers affected by the recall have wiring that can overheat when liquid rinse solution escapes the dispensers. So far, almost 200 complaints have been made to GE about the problem. 12 fires have been reportedly been caused by the defective products.

GE has received nearly 200 complaints of overheating, including 12 fires caused by the washers. The machines’ wiring is susceptible to shorting out or overheating, the government said, if liquid rinse solution leak outs of dispensers.

Customers can contact GE at 1-877-607-6395. More information is also available about the dishwasher recall on the GE web site at www.geappliances.com. So far, it is not immediately clear whether any personal injuries have been caused by the malfunctioning dishwashers.

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May 16, 2007

Florida Medical Malpractice Trial Ending

Naples, Florida has been the site of a very involved medical malpractice case. Gastroenterologist Dr. Michael Marks is being sued by Melvin Dill. The case stems from the fact that Marks performed a colonoscopy on Judith Dill. Dill’s husband, Melvin Dill has launched a medical malpractice claim, alleging that Marks’ procedure caused complications that lead to Judith Dill’s death.

The charges stem from 2003. On April 4, 2003, Judith Dill went to what is now Downtown Naples Hospital but what was at the time known as Naples Community Hospital. Dill lived with her elderly father each winter in Bonita Springs, which is why she attended the Naples hospital.

On April 4, Judith Dill had a successful total knee replacement surgery. However, a few days later Dill was ill, vomiting and expiring nausea. Dill had a history of feeling ill after anesthesia. To address the symptoms, Marks, of Consultants in Gastroenterology, was consulted about the case on April 8. On April 9, Marks performed an endoscopy. On April 12, her performed a colonoscopy. After this second procedure by Marks, Dill aspirated and vomited repeatedly.

This was only the beginning of complications that Dill’s husband alleges stem from the procedures. After vomiting and aspirating, the vomit entered Dill’s lungs. This caused an infection that eventually led Dill’s organs to shut down. She was pronounced dead on April 25, 2003.

On April 15, 2007, a jury cleared Marks of any wrongdoing in the death. It is expected that Dill will be awarded $957,460.82 -- $45,460.82 for cremation and funeral expenses as well as time spent by Dill in intensive care, $152,000 for the years of the Dills’ marriage and $38,000 for lost companionship, lost services and for Melvin Dill’s pain and suffering.

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May 11, 2007

Florida Medical Malpractice Claims Paid Out Less Than The National Average

New research into medical malpractice claims paid in 2006 has revealed that Florida’s average payout for such claims was lower than the national average. The study has sparked renewed debate about the tort reform that is currently underway to change malpractice laws in Florida.

Research conducted by the Kaiser Family Foundation uncovered that Florida’s average claim payout for medical malpractice cases was $241,800 in 2006. The national average was much higher, at $308,600. Illinois had the highest claim payout, with an average payout of $629,100. However, 32 other states besides Illinois had higher payouts than Florida. The study found that there were 822 paid medical malpractice claims in the state of Florida last year. Insurance companies paid a total of $198.7 million in these claims. This averages out to 14.7 medical malpractice claims paid for every one thousand doctors in Florida. According to the Kaiser Family Foundation, Michigan had the lowest payout for medical malpractice suits. That state had 389 medical malpractice claims paid last year, with an average payout of $132,380.

What the findings by the Kaiser Family Foundation actually mean is a matter of some debate. Some Florida attorneys suggest that the findings stem from the $500,000 cap on non-economic damages. Florida approved the cap in 2003, which some Florida attorney claim reduces the rights of patients by creating smaller settlements. Some Florida lawyers suggest that the cap means that more medical malpractice cases go to court in cases where a patient suffers personal injury or death. Companies are confident that there will not be a huge settlement, even in a court case.

Other experts counter that Florida cannot be compared to other states because while most of the country’s doctors carry $1 million policies, most physicians in Florida only carry a $250,000 policy. According to at least one insurer, only 17% of Florida’s physicians have $1 million policies, possibly because malpractice insurance is more expensive in Florida. Part of the reason for that, according to insurers, is that claims are paid more often in the state of Florida, with 49% of closed Florida claims in 2006 leading to a payout. This is in contrast to the national average, where only 26% of claims closed in 2006 resulted in payouts.

Although experts cannot agree on the findings, most professionals agree that attorneys make a significant difference in the outcome of medical malpractice cases. In cases where negligence has caused personal injury or wrongful death to a patient, the patient or their surviving family can get better assistance by seeking out a qualified Florida attorney. A good, experienced Florida lawyer can uncover the facts of the case and can safeguard the patient’s best interests.

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May 9, 2007

A Study Reveals That Juries in Medical Malpractice Cases May Favor Defendants

Philip Peters Jr., of the University of Missouri-Columbia School of Law has been conducting research into medical malpractice cases and his findings suggest that juries in medical malpractice cases tend to side with physicians rather than injured patients. The law professor studied malpractice cases in New Jersey and databases of information as well as statistics about medical malpractice litigation.

The findings of the research are unsettling: according to Peters, juries in medical malpractice cases favor physicians, possibly unfairly. In fact, Peters asserts that juries are more likely to defer to a physician’s opinion – more likely to defer than a physician’s peers.

According to Peters’ research, most medical malpractice cases end in defense verdicts. According to his research, the medical malpractice claims that go to trial tend to be weaker, since stronger cases are often settled out of court. Peters’ findings suggest that 27-30% of malpractice suits end in a verdict that favors the plaintiff. Of all tort litigation, this is the lowest success rate.

Peters’ data is especially important now that Congress is deliberating legislation that would assemble specialized courts for medical malpractice claims. According to Peters’ findings, doctors will not necessarily be treated more favorably in a court of their peers – it appears that non-peers offer the greatest possibility of a verdict that favors physicians.

Peters examined medical malpractice information from Florida, North Carolina, and Michigan as well as New Jersey, so Florida attorneys and plaintiffs may also want to consider these findings. Peters’ findings suggest that the greater the evidence of negligence, the more possibility there is that the jury will find a verdict in favor of the plaintiff. However, even in cases where independent experts believed that there was strong evidence of doctor negligence causing personal injury or wrongful death, juries only returned plaintiffs’ verdicts in half of the cases. In cases where an expert assessed the evidence as weak, only 10-20% of juries brought back plaintiffs’ verdicts.

Peters’ study suggests that jurors in medical malpractice suits may be unwilling to find against a doctor in cases where evidence conflicts or is unclear. The relatively high social status of physicians may also contribute to their success in the courtroom, Peters suggests, especially since health care workers may be able to afford excellent attorneys and expert witnesses.

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May 8, 2007

What To Do If You Are Affected by A Dog Bite

Florida attorneys who have worked with clients who have suffered a dog attack know how frightening and difficult a dog bite can be. In addition to the pain experienced, most dog attacks occur suddenly and quickly, leaving little time for thinking. Experienced Florida lawyers suggest that anyone involved in a dog attack needs to remember that there are only three things that a victim should do:

1) Get help. The immediate goal should be to get the victim and everyone else away from the aggressive dog. It is also essential to seek medical help immediately. In cases where a dog attack survivor has lost consciousness or is seriously injured, it is better to wait for medical attention to arrive rather than attempt moving the victim. Even if a dog bite is small, it is imperative to get medical attention, since even small personal injuries may become infected or cause scarring. Seeking medical attention is also important for gathering evidence of what happened.

2) Secure any evidence that exists. Once the immediate danger is removed, you can help establish the facts of the case by securing evidence. Get a description of the dog, the address of where the dog lives, any name or numbers on the dog collar. Get the names and numbers of any witnesses, if possible. Be sure to keep any torn or damaged clothing worn during the attack and keep a record of the medical file from the treatment of the bite. If there are police reports, get a copy of them. If you have a camera, consider taking a picture of the scene or injuries. At the same time, remember to never put yourself in danger to secure evidence.

3) As soon as possible after a dog bite, consult a qualified Florida attorney. A good Florida lawyer familiar with dog bite cases will be able to ensure that you are compensated for your injuries and get the help you need. It is important that you not sign any papers or discuss the situation with the dog owner, the insurance company or any lawyer working for the insurers or dog owner before you have your own lawyer. It is very likely that the attorneys for the owners or insurance company may try to offer you an agreement, payment, or settlement for the case. It is important not to accept any discussion of the case before you have your own attorney to advise you. You may end up signing over your rights to the compensation you are entitled to under the law.

If you or a loved one has been bitten by a dog, your immediate concern will be to heal from the attack. It is important to preserve legal rights as far as possible, though. Many dog bites are scarring or cause serious injury that requires treatment not covered by most medical insurance. A Florida attorney can help protect your interests so that you get the best chances of healing possible.

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May 3, 2007

Florida Summer Jobs Shine Spotlight on Injuries to Minors and Children

The Washington Department of Labor and Industries (L&I) is encouraging all employers to ensure that job safety is a key focus as summer hiring season is set to start. According to the L&I, many seasonal workers in the summer are teens or minors and workers under 18 are injured on the job twice as often as adults. The L&I is calling for more training, good supervision and lots of repetition to reduce the accident rate. To prevent injuries to minors and children, the L&I is also encouraging employers to obey laws which prevent teens from working with dangerous equipment and materials.

Research by the L&I suggests that almost half of the injuries to minors take place during the initial six months on a new job. Most of these injuries are slips and falls, burn injuries, and cuts, but some are fatal or lead to life-long disability. Each year, some teens die while working a summer job.

According to the L&I, minors on the job are more at risk because they do not recognize risks which may appear obvious to older workers. At the same time, younger workers may be less willing to ask a supervisor questions. Therefore, it is important for employers to explain all risks to teen employees and to teach employees how to avoid or minimize those risks.

The good news is that workplace injuries to minors have been reduced by almost one-third in the past ten years. The L&I believes that with some effort on the part of employers, this number can be reduced even more.

Florida has a strong seasonal summer work force, and some of those workers are minors. Florida minors routinely take amusement park jobs, lifeguard jobs, clerical jobs, and agricultural jobs, to name just a few, in order to earn spending money or in order to save for college. Even younger children may decide to try a paper route or some other employment to earn money during the summer.

Employers hiring children or minors need to ensure that they follow all laws regarding employment of minors. Employers should also provide extra supervision and training for their employees. Choosing age-appropriate work for younger employees is also an excellent idea. Younger workers can be enthusiastic and a valuable addition to the workplace. A little extra care from employers can keep these workers safer on the job, as well.

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May 2, 2007

Wrongful Death Lawsuits Could Create Problems in the Nation’s Universities

When students in mental distress at universities harm themselves or others, who is liable? What can and should universities do about students in mental distress? These questions have been in the spotlight ever since the shootings at Virginia Tech earlier this year, but the problem has been around much longer than that.

Since the Virginia Tech killer Seung-Hui Cho had a well-documented and reported history of mental disturbance – a history that many now claim was dismissed by authorities – many are questioning whether the university could have done more to prevent the tragedy that eventually occurred at the school. Some have argued that universities tend to either ignore threats or overreact to them.

Some schools have faced wrongful death lawsuits filed by parents who have lost a child because of another student’s disturbed mental state. In response, some of these colleges and universities have implemented policies that automatically suspend those who seek psychiatric help. Some of the students suspended in this manner have successfully sued under the Americans with Disabilities Act or have sought action with the Department of Education's Office of Civil Rights. The balance between school liability, student safety, and human rights seems particularly sticky in these situations.

Although the Virginia Tech situation is utmost on everyone’s minds, it is far from the only case involving wrongful death suits and other sticky legal cases on college campuses. Another high-profile case involved Elizabeth Shin, a student at MIT. In April 2000, the woman set herself on fire in her dorm and succumbed to her burn injuries. It was the student’s second suicide attempt and reports indicated that Shin had told a dorm supervisor and two students about her suicide intentions. Her parents filed a $27-million wrongful death lawsuit in 2002, arguing that the school and various faculty were liable as they knew about Shin’s intentions but did not take adequate steps to prevent the tragedy.

According to the Jed Foundation, about 1,100 college students commit suicide each year. A survey of college counselling center directors in 2006 revealed that 92% of college counselling center directors feel that there has been an increase in the number of seriously mentally ill students. Some experts argue that the high stress of college life coupled with less outpatient treatment than might be available to students at home can lead to serious problems. Additionally, some disorders, such as bipolar disorder, tend to first appear in the late teens and early twenties, when students are often in college.

Some experts question how universities respond to students who are ill. George Washington University sophomore Jordan Nott was the subject of many headlines in 2004. In November of that year, Nott went to the university hospital after becoming frightened by his own thoughts. The university barred him from returning to his dorm room and forced him to withdraw from the school. Nott was told that if he did not withdraw from the school he could be subject to suspension, expulsion, and criminal charges. Nott filed a lawsuit against the university, which received widespread criticisms of its actions. Bluffton University, Woodbury University, DeSales University and several other schools have been reprimanded by the Department of Education's Office of Civil Rights for their treatment of students with a mental disability. Some experts argue that schools that have such tough policies discourage students from seeking help, which can actually encourage more tragedy.

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May 1, 2007

Some of the Latest Product Recalls Reported by the Consumer Product Safety Commission May Cause Burn Injury

A number of recent product recalls have been reported by the CPSC. Many of these defective products can cause burn injuries and some have already caused personal injury to consumers:

*On May 4, Coast Spas with Franklin Electric Motors were recalled. 30 reports of fires caused by the motors have been reported, although no reports of burn injuries have been reported at this time. Customers can call Coast Spas at (877) 534-5255 for more information about the recall.

*On May 2, Char-Broil two-burner gas grills were recalled. The affected models have an incorrect heat shield, which poses a burn injury risk to customers. The grills were sold across the country between January and March of this year. Customers who may be affected by this recall can call Char-Broil at (866) 671-7988 for assistance.

*On April 26, 300 000 Holmes Oil-Filled Electric heaters were recalled when it was found that an inadequate electrical connection can cause the unit to overheat. The company has received numerous complaints about the heaters and reports of four home fires caused by the units. Holmes models with the model numbers HOH2505 and HOH2520 are affected by the recall.

*On April 26, a new laptop battery recall was issued. The battery affected is an Acer Incorporated lithium-ion battery made by Sony. The product may overheat and cause fire. Acer laptop computers sold in the United States and Canada between May 2004 and November 2006 are affected by the recall. Customers can get more information by calling Acer at (800) 503-2330. Since last year, more than 10 million notebook batteries around the world have been recalled. Laptop customers may want to check their laptop battery manufacturer’s website or contact the CPSC just to be on the safe side.

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