Wednesday, March 3, 2010

Financial News by Jacob Jenkins
Nissan Recall 2010 Another Automotive Industry Snafu
March 4th, 2010

Nissan Recall 2010 Another Automotive Industry Snafu. Japanese automakers are in the midst of an American Auto Storm, as all three of the top car manufacturers in that country have had recalls in recent months. First, the Toyota accelerator recall took millions of the most popular vehicles off the road, suspended manufacturing, and brought the head of the company in front of Congress.

Then, Honda had a couple of recalls of their own. They had some issues with some airbags and the Fit’s window would catch on fire if it got wet.

Now, Nissan is having trouble with their cars. The Nissan recall is only the latest news in the automotive industry. Their woes are felt with the following models:

1. Nissan Titan
2. Nissan Infiniti QX56
3. Nissan Armada
4. Nissan Quest

The years of the models are 2008 to 2010. The issue is with the brake pins which can affect the regular braking of a vehicle. Unlike with the Toyota recalls, the Nissan brake issue hasn’t caused any accidents. The company is unsure as to what is the root cause of the problem, and a thorough investigation is underway. The problems could have been caused by a supplier.
How do the recent recalls make you feel? Are you more leery of purchasing a vehicle with all the problems going on in the industry? Japan isn’t the only country with problems. US manufacturer GM also recently announced a power steering recall as well

Labels: , ,

Thursday, January 21, 2010

Ambulance Company’s Carelessness Costs Woman Her Life and Insurance Company Half a Million Dollars

Sharon Hill, a 53 year-old Pinellas County resident died as the result of what she thought would be a routine trip in an MMG Transportation ambulance van. Ms. Hill, a double amputee, regularly used MMG’s services to take her to medical appointments, but on her last trip she violently hit her head on the vehicle’s dashboard and broke her neck.

This was an injury that never should have happened. Regulations required that Ms. Hill and her wheelchair be secured during the trip, but MMG failed to provide safety straps in the van. Ms. Hill even mentioned to the driver on that fateful day that she had never been transported before without the straps, and the driver commented that the straps had been removed and not put back.

During the trip the driver stopped short in traffic which caused Ms. Hill to fall from her unsecured wheelchair and hit her head. At the hospital, she was diagnosed with a very serious cervical fracture – a fracture of the anterior arch of atlas -- and her head was placed in a halo to keep both her head and her neck stable. She eventually was transferred to a rehabilitation facility, but she never recovered. She was never able to return home, where she had been living independently despite her disabilities. Her injuries from the ambulance incident were just too serious, and she died in May 2008.

MMG Transportation’s insurance company agreed to pay Ms. Hill’s estate $500,000. “Every year people are injured needlessly in accidents that occur during transport,” said Ms. Hill’s attorney, Philip DeBerard. “Many products, such as floor straps, wheelchair locks and harness systems, are available to secure wheelchair patients in ambulances, and this company failed to protect our client.”

There is a lesson in this for other businesses that transport people.
DeBerard said, “You can protect your facility and residents from this type of tragedy by developing guidelines for the safe transport of wheelchair passengers and by providing appropriate training for implementation.
Proactive risk management is an ongoing challenge, but all of the time and trouble is definitely worthwhile if accidents such as this can be avoided.”

The following guidelines for safe transport of passengers should be considered:
• Appropriate training for guideline implementation.
• A preventive maintenance schedule for each vehicle, according to
the manufacturer's recommendations. Keep a log of monthly
inspections.
• A visual checklist to perform routine safety inspections. Service
vehicles as needed, and keep reports and corrective action receipts
filed with the vehicle maintenance records.
• Provide an appropriate number of staff to adequately meet the needs of
the passengers while en route (e.g., residents at risk for seizures,
dependent on oxygen, or confused and unable to fasten their safety
restraints, etc.).
• Visually check equipment for proper working condition before loading
residents. Make sure safety straps are not frayed, torn or broken.
• Set both wheelchair brakes and fasten safety restraints before raising
the lift to the level of entry into the van.
• Always fasten restraints according to the vehicle's manufacturer
directions when transferring a wheelchair into the vehicle. The
operator should verify that the wheelchair restraints provided on the
van are compatible with both the resident and the wheelchair to secure
the passenger in place.
• Develop an audit system in which the fleet manager randomly travels
with drivers to assess their skills and knowledge. Provide training
based on needs.

Labels: , ,

Monday, January 11, 2010

NEW LAW SENDS BAD DRIVERS BACK TO SCHOOL

The Florida Dept. of Highway Safety and Motor Vehicles reminds motorists of a new law that went into effect with the new year. Drivers who are found to be at-fault in 3 crashes within 36 month period will be required to successfully complete a Department-approved driver improvement course that indicates behind-the-wheel training and an assessment of their driving abilities.

In an effort to make the roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course. This new law is designed to modify the behavior of some of the worst drivers.

The new law will count at-fault crashes as far back as 2007, so after Jan 1, 2010, the Department will notify any driver who causes a crash and has atleast two at-fault crashes in the preceding 36 months. The affected drivers will then be responsible for completing an approved course within 90 days in order to avoid the cancellation of their driving privilege. Each course will include a minimum of 16 hours, to include four hours of behind -the - wheel training.

The National Highway Traffic Safety Admin. estimates that the average cost of a crash in the United States is approximately $38,000. During the 36-month period ending December 31, 2008 there were 2,277 drivers with 3 or more at-fault crashes. That figure include drivers from nearly every age group. According to Department estimates, more than 1000 Florida drivers may be subject to new requirements during 2010.
www.flhsmv.gov

Labels: , ,

Friday, January 8, 2010

$850,000 Paid by Shopping Plaza Owner & Okeechobee Utility Authority to Okeechobee Woman


A shopping center owner and a water company recently learned an important business lesson from Attorney Philip DeBerard. The two businesses had to pay an Okeechobee woman $850,000 because of their negligence regarding safety standards and their failure to prevent hazardous conditions.

In February 2004, Patti Simmons’ vehicle was parked behind the Okeechobee Plaza shopping center, owned Royal & Sons, Ltd. As Ms. Simmons walked to her vehicle, she unknowingly stepped into an uncovered water meter hole, causing her to fall after a heavy rain storm flooded the dark, un-illuminated parking lot, creating a hazardous situation.

The meter opening should have been covered with a plastic lid to protect pedestrians, but the lid was not properly attached and floated away when the parking lot flooded, creating this hazardous condition. The drain covers were managed by the Okeechobee Utility Authority, which did not maintain or repair them in a reasonably safe way.

The shopping center parking lot had been in an unsafe condition for a very long period time prior to this incident, and the owners did not make an attempt to rectify the dangerous conditions or take corrective measures. “The property owners have an obligation to keep their property safe,” commented Attorney Philip DeBerard. “Just as property owners have a responsibility to prevent dangerous conditions, so too must land and business owners act when inclement weather creates adverse conditions on a property.” Philip DeBerard and Robin A. Blanton represented Simmons in the action against the defendants.

Ms. Simmons suffered years of multiple neck and back surgeries that left her totally and permanently disabled and unable to return to her job as a beautician. The injuries and required medical care forced her to make substantial changes to her lifestyle.

Labels: , , , , , , , ,

Wednesday, January 6, 2010

Nationwide Recall of AccuSure Insulin Syringes
These syringe needles may detach from the syringe

Qualitest Pharmaceuticals is recalling all lots of AccuSure insulin syringes because the syringe needle may detach from the syringe. If that happens, the needle could get stuck in the insulin vial, or get pushed back into the syringe, or even stay in the skin after injection.

The recalled AccuSure insulin Syringes were distributed to wholesale and retail pharmacies nationwide between January 2002 and October 2009. Anyone who has AccuSure insulin syringes should stop using them. For more information , call Qualitest at 1-800-444-4011.

Labels: , , , , ,

Monday, January 4, 2010

MADD

Victim/Survivor Helpline
Call 1-877-MADD-HELP (877-623-3435) to speak with a Victim Advocate

On average someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes—a decline of 9.8 percent from the 13,041 drunk driving related fatalities of 2007.

Download MADDadvocate, a digital magazine on-line http://tinyurl.com/ygupd5x

If you have been involved in an accident caused by a drunk driver.
Call 1-800-299-8878 today.

Labels: , , ,

Wednesday, December 9, 2009

Bayer Consumer Care Voluntarily Recalls One Lot of Combination Package of Alka-Seltzer Plus® Day & Night Cold Formula Liquid GelsSingle Lot Affected by Package Labeling Issue



In consultation with the U.S. Food and Drug Administration (FDA), Bayer’s Consumer Care division has begun a voluntary recall of a single product lot of the combination package of Alka-Seltzer Plus® Day & Night Cold Formula Liquid Gels. Bayer initiated the recall after identifying that the labeling on the foil blister card of certain packages within the lot (less than 4 percent) were printed with the label reversed. All individual liquid filled capsules are imprinted correctly.

The affected Alka-Seltzer Plus product lot number can be found on both the interior blister package (in black text adjacent to the expiration date) as well as on the exterior carton containing the blister packaging (embossed on the side panel under the Bayer logo)

Product Name: Alka-Seltzer Plus Day & Night Liquid Gels
Package size: 20 liquid filled capsules per carton (12 day formulation capsules and 8 night formulation capsules)
UPC#: 016500537779
Lot #: 296939L
Expiration: 5/11
This product was sold only in the U.S. at retail outlets nationwide.

This recall does not impact any Alka-Seltzer Plus Day & Night Cold Formula Effervescent products, individually packaged Alka-Seltzer Plus Day Non-Drowsy Cold Formula products, individually packaged Alka-Seltzer Plus Night Cold Formula products, or any other lot of Alka-Seltzer Plus Day & Night Cold Formula Liquid-Gels.

The company initiated an investigation following consumer reports and found that in a limited number of combination packages of Alka-Seltzer Plus Day and Night Cold Formula Liquid Gels from a single lot, the information on the underside of the blister package was reversed. Therefore, the label for the green Night product appears under some of the blue Day product and vice versa. As such, there is a risk that consumers may not be aware of the warnings of an antihistamine in the product that could cause drowsiness.

Consumers who purchased combination packages of Alka-Seltzer Plus Day and Night Cold Formula Liquid Gels from the lot included in this recall (details below) should stop using the product and contact Bayer with any questions or for instructions on a refund or replacement. Consumers should contact our Consumer Relations Call Center at 1(800) 986-3307 (available Monday - Friday 8:30 AM - 5:30PM eastern standard time.) Any consumer with a medical concern or questions should contact their healthcare provider.

About Bayer Consumer Care
The Consumer Care division of Bayer HealthCare, is headquartered in Morristown, New Jersey, USA. Bayer Consumer Care is among the largest marketers of over-the-counter medications and nutritional supplements in the world. Some of the most trusted and recognizable brands in the world today come from the Bayer portfolio of products. These include Aspirin, ALEVE®, Alka-Seltzer®, Midol®, One A Day® Vitamins, and Flintstones™ vitamins.

Bayer HealthCare, a subsidiary of Bayer AG, is one of the world's leading, innovative companies in the healthcare and medical products industry and is based in Leverkusen, Germany. The company combines the global activities of the Animal Health, Consumer Care, Diabetes Care and Pharmaceuticals divisions. The pharmaceuticals business operates under the name Bayer Schering Pharma and as Bayer HealthCare Pharmaceuticals in the US and Canada. Bayer HealthCare’s aim is to discover and manufacture products that will improve human and animal health worldwide.

Labels: , , ,

Friday, November 20, 2009

Vicks nasal spray recalled over bacteria

Procter & Gamble is recalling Vicks Sinex nasal spray in the United States, Britain and Germany after finding it contained bacteria, the company said.

Procter & Gamble said it announced the voluntary recall after finding the bacteria in a small amount of product made at a plant in Germany.

There have been no reports of illness from the bacteria, but it could cause serious infections for people with weakened immune systems or those with chronic lung conditions such as cystic fibrosis, Procter & Gamble said late Thursday.

The bacteria poses little risk to healthy people, the company said.

Cincinnati, Ohio-based Procter & Gamble said it detected the problem during routine quality control at the plant. Analysis so far shows the problem is limited to a single batch of raw material mixture involving three lots of product, which were sold only in the three countries affected by the recall, the company said.

In the United States, the recalled product is Vicks Sinex Vapospray 12-hour Decongestant Ultra Fine Mist with lot number 9239028831.

In Britain, the company is recalling Vicks Sinex Micromist Aqueous Nasal Spray with lot number 9224028832.

In Germany, the recalled product is Wick Sinex Schnupfenspray Dosiersystem with lot number 9224028833.

All recalled products are in the 15-milliliter size.

Lot numbers are listed on the outer carton and the bottle, the company said.

Consumers with the product should discard it, and they may call the company for a replacement coupon or refund, the company said. More information is at the company's Web site, www.pg.com.

Labels: , , ,

Monday, October 26, 2009

Walking Your Children to the School Bus Stop
Guidelines for talking to children about pedestrian safety

Parents decide when their child is ready to walk without an adult. First, they need to teach their child when and where it is safe to walk and to cross the street.
Teach children to:
1. Always look for cars for yourself.
Drivers are supposed to obey the rules and watch for people walking. But you can not count on them to always remember.
2. Choose the safest routes to walk with the fewest and safest streets to cross. Avoid crossing busy or high-speed roads.
3. Walk along the street safely. This means:
􀂃 Use sidewalks or paths.
􀂃 If there are no sidewalks or paths, walk as far from the cars as possible and face traffic.
􀂃 Watch for cars turning or pulling out of driveways.
4. When crossing the street at mid block:
􀂃 Stop at the curb and look left, right and left again for traffic.
􀂃 Wait until no traffic is coming and begin crossing. Keep looking for traffic until you have finished crossing.
􀂃 Walk, don’t run across the street.
5. If you must cross between parked cars:
􀂃 Stop at the curb and check to see if the cars are running or if anyone is in the driver seat.
􀂃 If safe, cross to the edge of the parked cars, and look left, right and left again before crossing.
6. When crossing the street at an intersection:
􀂃 Obey traffic signs and signals.
􀂃 Remember that just because it is your turn to cross does not mean that it is safe to cross. Do not trust that cars will obey the rules or that turning cars will see you.
􀂃 Look for yourself to see if cars are coming. Look left, right and left and then behind you and in front of you for turning cars.
Created by the Pedestrian and Bicycle Information Center, national coordinator for
International Walk to School Day and Week, www.walktoschool.org

Labels: , , , , ,

Thursday, October 8, 2009

New tactic From Law Enforcement Agencies Nabs Unlicensed Drivers
Courthouse stings catch illegal drivers in the act as they try to drive from
parking lots
By C. Ron Allen South Florida Sun-Sentinel


Teams of state troopers and deputies have been ordered to stake out courthouses to catch drivers pulling out of the parking lot after they've lost their license.

The move is part of an aggressive crackdown by the Florida Highway Patrol and Palm Beach County Sheriff's Office on unlicensed drivers who repeatedly get behind the wheel.

The focus on these drivers is part of a plan to put the brakes on what authoritiest call an epidemic infecting the roadways. A 2003 study by the American Automobile Association found that motorists without a valid driver's license are five times more likely to be involved in a fatal crash than those properly licensed.

Under the new tactic, ordered by Maj. Luis Ramil, FHP's Troop L commander, and Sheriff Ric Bradshaw, law enforcement officers lay in wait in and around courthouses, some in plainclothes to blend in with spectators at the hearings.

When the judge suspends a driver's license, the troopers or deputies then alert their colleagues outside who nab the drivers. Additional operations are planned for Broward and Miami-Dade counties but officials would not disclose the dates.

This aggressive new approach is atypical because law enforcement agencies don't usually actively pursue these drivers, authorities said.

"It upsets anyone that reads in the paper or sees online where a driver who should not even be behind the wheel of a car has a crash, hurts someone or kills someone," said Lt. Tim Frith, spokesman for the Highway Patrol, which has about 1,500 troopers. "That strikes a nerve with anyone. What are they doing in the car in the first place? It's the first thing we hear: 'They shouldn't even been driving.' Absolutely right, they shouldn't."

Not everyone likes the tactic.

Marshall Geyser, a Fort Lauderdale defense attorney who represents motorists with traffic tickets, said he is troubled by the courthouse stings because he thinks it is a poor use of taxpayers' dollars.

"I don't agree with what they do," said Geyser, who has been practicing for 22 years. "I think that our tax dollars could be spent policing more important things. We have a boatload of violent crimes going on in both counties and throughout South Florida and they're spending their time catching people who may not be licensed."

Last year, law enforcement officers statewide wrote 379,976 tickets for driving under one or more of five categories: no license, expired license, improper license, and a suspended or revoked licenses, according to the Department of Highway Safety and Motor Vehicles. The county-by-county breakdown was unavailable.

Since the courthouse crackdown started last month, 22 drivers whose licenses were suspended by a judge have been arrested and their cars and a motorcycle were towed, officials said.

In 2008, the latest numbers available, the state suspended or revoked about 2.4 million driver's licenses, Department of Highway Safety and Motor Vehicles records show. There are nearly 16 million licensed drivers in Florida.

First-time offenders are charged with a second-degree misdemeanor and face up to 60 days in jail and a $500 fine, while a second offense can lead to a year in jail and a $1,000 fine. The third offense results in a third-degree felony and up to five years in prison and a $ 5,000 fine. But those penalties are at a judge's discretion.

Drivers can lose licenses for many reasons: failing to pay a traffic fine, failing to pay child support, and getting convicted of drug crimes or underage alcohol possession, to name a few.

The Florida Legislature has tried unsuccessfully at least four times to stiffen penalties and impound cars of unlicensed drivers. Rep. Ari Porth, D- Coral Springs, said he plans to reintroduce a bill to address the issue.

"We're not planning to increase jail time. I think [the bill] meets the needs of getting people off the road and answers the criticism that it's been perhaps too Draconian in the past," Porth said. "I do want to take people's cars away from them until they have cleaned up their licenses but this is a somewhat softer approach."

Although authorities are focusing on courthouse blitzes, they still plan to conduct checkpoints.

"I don't know what more can we do," Frith said. "Are people finding it inconvenient and irritating at times? Absolutely, but there is a greater portion of the public that feels they are necessary. They love the fact that we are removing drivers that shouldn't be out there and possibly could hurt or even kill their loved ones."

C. Ron Allen can be reached at crallen@SunSentinel.com or 561-243-6611.

Labels: , , , , , , , ,

Wednesday, September 16, 2009

Insurance Company Pays Injured Pedestrian $900,000


Eugene Castle, a seasonal resident of Okeechobee, treasured coming from Elizabethtown, Indiana, to Florida every winter for the last 17 years. His passion for fishing and boating allowed him to retire and do what he most loved as a professional sport fisherman.

In March 2008, Castle was taking his morning walk along State Road 441 in an area commonly traveled by pedestrians. He was waiting on a grassy median strip, which was not marked as a crosswalk, for traffic to pass. A van pulled out of the neighboring gas station and accelerated into the inside lane, violently striking Castle and knocking him to the ground, unconscious

Trauma Hawk quickly arrived at the scene and transported him to St. Mary’s Hospital. He had suffered a severe closed head injury – now referred to as a Traumatic Brain Injury – and remained in a coma for 17 days.

He came out of the coma, but fishing or even sitting on the lake in his boat is no longer an option, just a dream of the past. He cannot drive, mow the grass, or simply be alone. Castle, now needs around the clock care, and his loving wife of 50 years has taken on that full-time responsibility, ending her retirement as well. Sadly for both him and his wife, he is not expected to improve.

Stuart attorney Philip DeBerard negotiated a settlement with the driver’s Canadian insurance company for more than $900,000 which at least will help with Mr. Castle’s care in his last years.

Labels: , , , ,

Tuesday, September 8, 2009

IS SPEEDING REALLY AN ISSUE ON THE ROADS?

Speeding is a factor in about one-third of all fatal crashes, killing more than 1,000 Americans every month. In 2007, 13,040 people died in speed-related crashes. Based on a national representative sample of police-reported crashes, in 2007 speed was a factor in about 15 percent of property-damage only crashes and 26 percent of crashes involving injuries. The National Highway Traffic Safety Administration (NHTSA) estimates that the economic cost of speed-related crashes is more than $40 billion each year.1

In a high-speed crash, a passenger vehicle is subjected to forces so severe that the vehicle structure cannot withstand the force of the crash and maintain survival space in the occupant compartment. Likewise, as crash speeds get very high, restraint systems such as airbags and safety belts cannot keep the forces on occupants below severe injury levels.

IS SPEEDING REALLY AN ISSUE?

Speed influences the risk of crashes and crash injuries in three basic ways:

•It increases the distance a vehicle travels from the time a driver detects an emergency to the time the driver reacts.
•It increases the distance needed to stop a vehicle once an emergency is perceived.
•It increases the crash energy by the square of the speeds. When impact speed increases from 40 to 60 mph (a 50 percent increase), the energy that needs to be managed increases by 125 percent.
For practical reasons, there are limits to the amount of crash energy that can be managed by vehicles, restraint systems, and roadway hardware such as barriers and impact attenuators. The higher the speed, the more likely that these limits will be exceeded in crashes, thus limiting the protection available for vehicle occupants. To put speed into perspective, note that government crash tests for occupant protection are conducted at speeds of 30-35 mph, and these are severe impact speeds.

Labels: , , ,

Sunday, September 6, 2009

WHAT CAN HAPPEN WHEN TEXTING WHILE DRIVING
This is a GRAPHIC AND HAUNTING video created by British law enforcement.

http://www.youtube.com/watch?v=7rdV9ADjpcg
Talk to your family members about the dangers of talking and texting while driving.

Call for a FREE dash board gel pad to mount your cell phone in your car.

Labels: , , , ,

Sunday, August 30, 2009

If you like to TWEET on TWITTER follow us at http://twitter.com/flainjurylawyer

Labels: , ,

Thursday, August 13, 2009

2009 Licensed Drivers by County
Florida Department of Motor Vehicles

Martin County: 126,587
St. Lucie: 213,469
Indian River: 117,550
Okeechobee: 29,139


Highway Fatalities Down in Florida: Florida ended 2008
with 2,983 traffic fatalities, the lowest the statistic has been
in eight years. The last time Florida’s total number of fatalities
was less than 3,000 was in 2000 when there were 2,999
fatalities. State traffic deaths in 2008 were down 238, a seven
percent reduction, from 2007 when 3,221 people died and
328 fewer than the five-year average of 3,311 deaths. While
the numbers of fatalities are similar for 2000 and 2008, the
Sunshine State’s population grew by more than 2.8 million,
an increase of nearly 18 percent.
Primary Safety Belt Law Passed: Senate Bill 344, the
“Dori Slosberg and Katie Marchetti Safety Belt Law” was
passed by the 2009 Legislature. The new law allows for the
primary enforcement of Florida’s safety belt requirements,
which the National Highway Traffic Safety Administration
estimates will prevent 142 fatalities in Florida annually. The
law, sponsored by Senator Nan Rich, Representative Rich
Glorioso, and supported by Governor Charlie Crist, took
effect June 30, 2009. According to a 2008 National Traffic
Highway Safety Administration study, states with primary
enforcement laws rank in the top five for safety belt usage
while Florida ranks 35th in the nation.
 DUI Enforcement: Ten Troopers from across Florida were
recognized for their outstanding DUI enforcement efforts
in 2008. Each Trooper made over 100 DUI arrests. Trooper
Ronald Evans Jr. earned the Hurd-Smith award for his extraordinary
DUI enforcement efforts, which included 187 DUI
arrests, more than one every other day.
Aggressive Driving: FHP initiated several enforcement
initiatives to combat aggressive driving. In North Florida Operation
“Take Back 98,” intensified enforcement and awareness
on US 98, a congested route in Okaloosa and Walton
Counties, where speeding increases incidents of crashes,
injuries and deaths. In South Florida the Blitz on Aggressive
Drivers task force focused enforcement on the Interstates
running through Broward County. The task force works in
concert to save lives and reduce injuries by stopping aggressive
drivers. In the first six months the task force issued over
1,000 citations. In Southwest Florida where a high frequency
of speeding complaints, crashes and fatalities occur, Aggressive
Concentrated Enforcement Teams have issued 1,158
seatbelt citations, 263 speeding citations, and arrested 26
drivers with a suspended or no valid license.
Operation Safe Ride: A powerful unannounced concentrated
enforcement effort targeted spring-time drivers in
March and April. The effort addressed the growing concern
over speeding, aggressive driving, and other driving practices
that place motorists at higher risk for crashes. Operation
Safe Ride is part of a long-term traffic safety campaign
that focuses on hazardous violations to prevent deaths and
injuries on our roadways. Troopers issued over 22,000 traffic
citations during the combined eight day effort

Labels: , , , ,

Wednesday, July 29, 2009

Let Attorney Philip DeBerard Give You Some Facts About Dog Attacks, Bites and Children

 

According to the Humane Society, every year approximately 4.7 million dog bites occur in the United States. That is almost 2% of the American population. Roughly 26 people are killed a year by dogs in the last decade. Approximately eighty percent of dog bites occur by an animal that is known to the victim and is usually a pet of the owner or neighbor. And most dog bites occur near the victim's home. And over half the dog bites occur on the dog owner's property. Children are three times more likely than adults to sustain serious injury from dog bites. Over half of the child victims sustain significant injury to the face. The Humane Society reports that over fifty percent of the bite victims are under the age of 13-years-old. One kennel reported that of the children killed by dogs (canine homicide), nearly 70% of the victims were under the age of ten-years-old, nearly 22% are under the age of one year and approximately 7% were sleeping infants. It is important to discern between dog bites and canine homicide. While Pit Bulls and Rottweiler's are responsible for a large number of the canine homicides, all breeds and their owners are responsible for the high number of dog bites. You will recall the case of the Pomeranian dog that killed an infant while its owner was preparing a bottle in the other room. Even in communities where certain breeds are banned and there are low concentrations of "dangerous breeds" there is still the same frequency of dog bites in the population. Any dog can and will bite under certain circumstances.   

 

It is important to remember the greatest single cause of canine homicide and dog bites are irresponsible dog owners. Dog owners that do not take responsibly for properly training and supervising their dogs are the single greatest cause of dog bites and dog attacks.

Tips to minimize the risk of your child from being bitten by a dog: 

1) Teach your child to move slowly and speak softly around dogs. 

2) Teach your child not to chase or tease dogs. 

3) Teach your child that all dogs may bite.  

4) Teach your child to wait to be introduced to the dog by the dog's adult owner.   

5) Teach your child to ask the dog owner's permission to pet their dog first, before trying to pet the dog. 

6) Teach your child to wait for a dog owner's permission to pet the dog and then teach your child to let the dog sniff the child's hand first, before petting the dog.  

7) Teach your child to pet the animal gently after the dog sniffs his/her hand.  

8) Teach your child to avoid petting a dog that cannot sit nicely.   

9) Teach your child to never pet a dog while it is eating or sleeping.  

10) Teach your child to never approach a dog that has puppies or is nursing puppies.   

11) Teach your child to never pet a dog while it is playing with a toy. 

12) Teach your child to never try to take a dog's toy away from the dog. 

13) Teach your child to never try to pet a dog that is in a car by reaching in the window. 

 

Labels: , , ,

Wednesday, July 15, 2009

Slow Down - Move Over
What is it?

The "Move Over" law was created to increase safety for roadside workers and stranded motorists. The law requires motorists to change lanes and slow down to allow room for emergency vehicles to work safely. If moving to another lane is impossible, motorists must slow down significantly below the posted speed limit.

A Tragic Example

Just this past Memorial Day, Vincente Torres, a 44-year old tow truck driver was killed in a hit-and-run crash as he helped a motorist whose vehicle was disabled on the side of the road. His death may have been prevented had the hit-and-run driver, who is still at large, abided by the 'Move Over Law'.

Such tragedies don't have to occur. Remember...

* Move over or slow down when approaching a roadside recovery vehicle or an emergency vehicle with flashing lights. This is a real law with real consequences.
* Emergency workers need room to safely do their jobs. Provide the same courtesy you would expect if your vehicle were disabled and you required emergency help.
* If your vehicle is disabled, pull as far from the road as safely possible.
If you can, safely, exit on the passenger side of your vehicle, away from oncoming traffic.
* Use your emergency/hazard lights.
The Facts

In 2005, 390 workers were killed in struck-by incidents, according to the National Institue for Occupations Safety and Health (NIOSH), accounting for seven percent of all fatal occupational injuries.
According to FBI statistics, law enforcement officers being struck and killed is a major cause of law enforcement deaths. 41 states currently have some form of move-over laws. Only 25 states include roadside service vehicles (tow trucks) in their move-over laws.

Florida "Move Over" Law:
Requires drivess to reduce speed and vacate the lane closest to emergency vehicles including recovery vehicle or wrecker.
Click here for the complete law.

Labels: , ,

Wednesday, June 24, 2009

FLORIDA MOTORCYCLE HELMET LAW QUESTIONS AND ANSWERS

What do I need to do to be able to legally ride a motorcycle without a helmet in the state of Florida?
You need to be at least 21 years of age and have at least $10,000.00 worth of medical coverage insurance to be able to operate or ride upon a motorcycle without a helmet.

Where can I buy PIP insurance for my motorcycle?
You can't. There is no PIP insurance for motorcycles.

Does my PIP insurance on my car meet the insurance requirements for my motorcycle?
NO, you must have $10,000.00 medical payment insurance or some type of healthcare coverage that does not exclude motorcycles with at least $10,000.00 in coverage.

How much does Medical Payment coverage on my motorcycle cost?
The cost of the coverage depends on your driving record.

Do I have to carry liability insurance on my motorcycle?
It is not required but the above companies require you purchase it to get the Medical Payment insurance coverage.

Can I legally wear my novelty helmet?
If you meet the age requirement and have the proper insurance coverage.

Does my health insurance meet the insurance requirements for my motorcycle?
If it does not exclude motorcycles and has at least $10,000.00 in healthcare benefits. If in doubt request a Certificate of Coverage from your insurance company.

My wife is covered under my company's health insurance, but her name is not on our health insurance card. How does she prove she has insurance?
Carry the top page of your policy that states her name or that it covers family members. If in doubt request a Certificate of Coverage from your insurance company.

Does my VA Benefits meet the insurance requirements for my motorcycle?
Only if you are retired or 100% disabled. Contact your local VA office for confirmation of your coverage.

Does Medicare or Medicaid meet the insurance requirements for my motorcycle?
Yes. If in doubt request a Certificate of Coverage from your insurance company.

Does my passenger have to have his or her own insurance?
Not if your insurance covers both you and the passenger. If it doesn't then the passenger needs to have his or her own insurance coverage.

If I'm not a resident of Florida, what do I need to ride without a helmet in Florida?
You need to be at least 21 years of age and have at least $10,000.00 worth of medical coverage insurance to be able to operate or ride upon a motorcycle without a helmet.

Will the police stop me for not wearing a helmet?
They have stated that they would not stop someone for just a helmet violation, unless they feel they do not meet the age requirement.

Approved Motorcyclist Helmet List from the Florida Highway Patrol
href="http://">http://www.fhp.state.fl.us/html/helmet.html

Labels: , , , ,