Personal Injury -

The topic of limousine safety has come up as of late because of recent incidents in the news.  About a month ago, a tragic vehicle fire claimed the lives of five women on the San Mateo bridge, and this past weekend, a group of people escaped a different blaze which took place in Walnut Creek.

In an effort to ensure these types of incidents don’t become commonplace, California’s Senate Majority Leader has introduced a measure that seeks to bolster the safety of limousines.  The Senator has called the fire from a month ago preventable and hopes that unnecessary fatalities can be avoided in the future with an expansion of limousine legislation.

Not only is the Senator critical of the safety measures currently in place for limos, but she also seems to question whether the California Public Utilities Commission was derelict in its duty to address the issues in place in the luxury transportation industry.  For their part, the Commission has said that they may assess a penalty against the limo company involved in the aforementioned fire if it’s discovered that the seating capacity was misrepresented.

If eventually passed, the proposed law would make it mandatory for limos to have two windows that passengers in the back can push outward from the interior.  It would also require the installation of two exit doors.

We’ve discussed pool safety tips in the recent past, but they certainly bear repeating ahead of a long weekend that will find people across California heading out onto the water.  A new report finds various officials in Orange County (Florida) detailing some vital steps to take to ensure safety.  First, make sure that kids are supervised around bodies of water at all times.  Explain to children that horseplay and going underwater to see who can hold their breath the longest are unacceptable activities.  You or someone in your group should have an understanding of CPR, and a cellphone should be on hand so that you can call for help should an emergency arise.  If you have a pool or jacuzzi, make sure to cover them when not in use and lock doors that lead to the unit.  Should a child go missing, check the water at once.

For more tips, click here.

No matter where you go or what you do for Memorial Day, you absolutely must make sure that you’re ensuring safety at every turn.  Whether you’re traveling or inviting guests into your home for a get-together, you could certainly benefit from some of the safety tips included in a new report.

Let’s start with the precautions to take if you’re taking a road trip over the long weekend.  Although many people will be imbibing cocktails at barbeques and other Memorial Day parties, you absolutely should not drink if you’re going to be driving.  You might say you’re going to just have a couple beers, but as the party goes on, it’s easy to lose track of your alcohol consumption.

If you do insist on drinking at a party, you must have a designated driver on hand.  Otherwise, you imperil yourself and your fellow travelers, and with police presence ratcheted up this weekend, you could find yourself on the wrong side of the law.

The other place alcohol has no place?  On a boat.  Many people will take to California’s beautiful oceans and lakes this weekend for a little sun, but if you drink alcohol out on the water, your chances of drowning increase dramatically.  You also shouldn’t be controlling the boat in the first place if you’re inexperienced in that regard.  You ought to have a group of people with you anytime you head out on the water, whether in a boat or just to take a dip, and it’s imperative to make sure you put on a life jacket every time you get on a boat.

When you are traveling to your destination, eliminate distractions, and always have your seatbelt in place.  No matter where you travel, you should have some idea where to go to seek emergency care if someone gets hurt badly.  You don’t want to waste precious time looking up directions.

But maybe you’re hosting a party.  If that’s the case, you still can’t let safety lapse.  With guests entering your home, you take on a host of responsibilities that shouldn’t get short shrift.  For one thing, know how to handle a grill if that’s your cooking weapon of choice.  Keep it far from an area where a fire hazard becomes a possibility, and make sure you know the proper way to prepare food.

When you do prepare food, you ought to know how to eliminate the threat of foodborne illness.  The last thing you want is to be held liable for a group of guests that become incredibly sick.  Meat should immediately be slapped onto the grill rather than being left outside in the sun, and you should cook the meat completely.  A guest might want a piece of meat as rare as possible, but you ought to insist that they let you heat it a bit longer.

We often take to this blog to warn consumers about trending circumstances which can lead to injuries.  Whether it be a defective product, an inattentive driver, or some other type of hazardous situation, the potential for injury in our modern day society could be endlessly explored.  But there’s one type of injury that goes largely unnoticed:  children accidentally hurting their parents.

An intriguing article in the New York Times takes a look at the phenomenon, classified by one blogger as Unintentional Parental Abuse, in greater detail.  The truth is, parents who aren’t careful around their younger children could find themselves on the receiving end of an injury.  Children don’t know their own strengths and limitations, and thus it’s not at all uncommon for an unsuspecting parent to find themselves being whacked in the face by an errant hand or noggin.

These types of injuries don’t exactly receive their own classification at hospitals, but anecdotal evidence suggests that they happen more often than you might think.  Parents routinely suffer from facial fractures, lacerations, eye scratches, and even concussions.

One New York-based pediatric doctor explained that corneal abrasions are incredibly common, as kids tend to want to reach out for their parents’ glasses.  They’re also curious about things like earrings, and they might reach out to grab such objects before you have the opportunity to react.

Stay cautious around your kids, and click the link to read the full tongue-in-cheek article.

Hot on the heels of Panish Shea & Boyle’s own Brian Panish working tirelessly to secure an $8.3 million verdict for a client who sustained complications after being implanted with the DePuy ASR metal-on-metal hip implant, a California legal publication has just honored Mr. Panish with the coveted “Attorneys of the Year 2012” distinction.

Law.com’s The Recorder profiled Mr. Panish following a series of successful cases last year.  The first of those cases involved a client who was paralyzed after being involved in a serious big rig collision.  Mr. Panish felt that the $250,000 settlement offered by the defense pre-trial failed to do justice to his client, who now requires 24-hour medical care.  He brought the case to trial and was able to obtain a $36.5 million jury verdict, the largest such personal injury decision in the history of Riverside County.

That was just the tip of the iceberg in 2012.  After turning down a $2 million settlement, Mr. Panish was able to secure a $20 million verdict for a woman who had also been injured by a big rig collision, $10 million for a family whose special needs child died on a school bus, and $9 million for an individual who suffered an injury on the job.

When bringing cases such as these to trial, Mr. Panish uses the power of technology to help the jury better understand the situation which befell his clients.  A big proponent of a computer’s ability to demonstrate the facts of a case in a visual, easy-to-understand manner, Mr. Panish employs technology experts in a bid to put together the best case possible.  In the case of the aforementioned Riverside big rig crash case, staff put together an animated recreation of the incident to show exactly what transpired.

These latest trials join a list of more than 100 cases brought to trial by Mr. Panish since he started practicing law upon graduation from Southwestern Law School.  Mr. Panish figures that he secured $300 million in settlements and verdicts last year alone.

The Food and Drug Administration has grown concerned that patients aren’t taken warnings about a certain Hepatitis C treatment seriously enough.  Because of that, they have issued a more severe warning about the issue which has already led some patients to experience fatal side effects.

The drug in question is known as Incivek, a Hepatitis C drug typically provided in conjunction with with interferon and ribavirin.  These three medications are often given to those persons who still maintain partial function of the liver even when certain areas of the organ have been damaged.

When taken together, patients could experience a skin rash that could prove deadly if allowed to continue.  A label enlightening patients about this risk was already placed on the product, but the FDA found out that patients in certain circumstances continued to be treated with the three drugs.

The FDA is thus warning that this condition is nothing to be trifled with.  Although Vertex Pharmaceuticals says that fewer than 1% of patients were shown to develop the skin rash during a clinical trial, the FDA is nevertheless issuing a new black box warning that must be placed on the product.  Patients are being instructed to stop treatment the moment a skin rash becomes apparent, especially if that rash is accompanied by dizziness, mouth sores, or a fever.  Emergency treatment should be sought at once, and the entire incident should be reported to MedWatch.

Follow this link for even more information.

Glenwood Gardens, a retirement home in Bakersfield, is being scrutinized in the media because of a nurse’s refusal to provide a resident with CPR that could have saved the woman’s life.  An 87 year old woman collapsed at the facility, and her breathing was compromised.  A nurse called 911 and reported the incident, but when the 911 operator asked the nurse to initiate CPR, she refused, citing a company policy that prohibits the staff from providing emergency care to residents.  Throughout the recorded call, the operator repeatedly begs the nurse to conduct CPR, even going so far as to ask the nurse to get someone else in the area to provide it, but still the nurse refuses.  The woman ended up dying.

If you ever find yourself placing a loved one in a retirement facility, make sure all parties are aware of residence policies and procedures.

Click here to learn more.

Anyone planning a trip on a tour bus in the near future should make themselves aware of a recent tragedy and then consult some important tips from the Federal Motor Carrier Safety Administration branch of the Department of Transportation before booking.

The sad incident in which eight people were killed has led to the FMCSA barring the operator from continuing its business, effectively deeming the company a public safety hazard.  An investigation was subsequently launched into two other motor coaches under the banner of Scapadas Magicas, and that investigation has apparently uncovered numerous violations that could pose a serious threat to safety.  Those buses are also no longer in service.

If you ever find yourself booking passage on a motorcoach, then make sure you heed the advice of the FMCSA before you begin.  The agency provides a list of questions that you can ask that should allow you to verify that the company you’ve chosen can get you to your destination in as safe a manner as possible.

First, understand that price should not be the only consideration.  If a deal sounds too good to be true, it might just be.  You could be placing yourself in danger if you go with an unsanctioned charter just to save a few bucks.

No matter the cost, your first step should be querying the carrier as to the expertise of the driver of the bus.  Motorcoach companies should have drug and alcohol testing procedures in place to conform to the standards laid out by the DOT, and if they don’t, move on.  Also ask for guarantees that the driver will have an up to date medical certificate and an endorsement to carry passengers in a commercial capacity.  Also have the company brief you as to their adherence to hours of service regulations put in place to ensure sound mind and body of the driver at all times.

But the driver is but one component.  The bus itself must also be safe.  Ask the carrier whether or not their bus has submitted to mandatory inspection requirements.  Adequate repairs and maintenance should be carried out by the company as necessary, and the charter should also have procedures in place for those times when an emergency occurs.

Finally, verify that the company actually has the authority to operate.  A company that’s on the level shouldn’t hesitate to provide you with their MC number and their USDOT number.  The latter enables you to go online and find any posted safety information, while the former allows you to access insurance information.  Passenger carriers transporting more than 15 persons must carry at least $5 million of public liability insurance, and proof of such should be provided to you without question.

A report found in the American Journal of Preventive Medicine illuminates some of the biggest hazards found in households across America.  Consumers concerned about maintaining safety for themselves and their children should take note.

By analyzing accident data between 2000 and 2008, the persons behind the study were able to determine that, on average, 30,000 persons are killed annually because of an accident that happens in the home.  Some of the most common causes of death include falls, burns, and poisoning, and the number of these types of occurrences has actually risen over the years.  Overall, 43% of fatalities come as a result of an accidental poisoning, while 34% are derived from some type of a fall.  Burns or fires lead to 9% of deaths.

As far as children go, drowning and suffocation were most likely to lead to a fatality.  Adults, on the other hand, most typically died because of a fall or a poisoning.  This comes even as accidental fatalities stemming from gun usage have ebbed, down to only 1% of household deaths.

Consumers can take pains to limit their exposure to danger.  One of the easiest ways to prevent a child injury or a fatality is by keeping an eyes on kids at all times.  Functioning smoke alarms can provide ample warning to your family should a fire break out, and keeping prescriptions out of reach of children is another great safety measure.

An incident that took place this week at South El Monte High School’s shows us that tug of war contests are not as harmless as many might think.  During this particular event, the rope being used actually snapped during the competition.  Unfortunately, the rope had been wrapped tight around the hands of two seniors, and thus some of the teens’ fingers were severed.  The teens were brought to USC Medical Center so that emergency reattachment surgery could be carried out.  A doctor from a hospital in New York explains that such incidents are certainly within the realm of possibility when a tug of war rope is wrapped around a person’s hand.  Previous incidents took place a few years ago in Minnesota and Colorado.  Although these events are certainly a rarity, parents should inform themselves of these dangers and warn their children accordingly, and administrators of events should think twice before putting together a tug of war.

Follow this link for more information.