NOYES LEGAL NEWS

Do You Have to Shop At Your Own Risk of Falling Merchandise?

Whether it is Target, Wal-Mart, JCPenny's or another store, merchandise is being improperly stocked resulting in some serious injuries to customers. This is especially true during the Christmas season shopping when shelves are stocked to their maximum. One report showed 17,000 falling resulting in injuries to customers occurred in Wal Mart stores over a 5 year period.

One perfect example of the dangers of poor stocking involves a client of mine. As she bent over to read Christmas cards, merchandise from the top shelf of the adjacent aisle came tumbling down because someone on the other aisle was trying to reach other merchandise. As a result, my client suffers from herniated disc in her neck.

The law recognizes that merchants have a duty to invitees to exercise reasonable care to keep their premises in a reasonably safe condition and to warn of unsafe or hazardous conditions of which the merchant knows or should know through reasonable care and inspection. It is well established that merchants owe a duty to their customers to keep their businesses, aisles, passages, and other public places in a reasonably safe condition and to use ordinary care to prevent injuries to customers. Merchants must take reasonable precautions to protect their customers from foreseeable dangers.

Courts recognize that merchants must place merchandise on shelves safely so it will not fall. The merchant must take affirmative steps to prevent it from falling, including checking the shelves periodically to ensure that merchandise is in a safe position and using devices to stabilize it. Failure to do so could result in liability is someone is injured.

The law also recognizes that stacking merchandise on high shelves creates an unwarranted risk, and it is reasonably foreseeable that doing this contributes to the risk of merchandise falling. Several courts have held that stacking boxed merchandise on a shelf above customers' heads creates an unreasonable danger.

Throughout the decades, we have represented many clients who have sustained injuries from falling merchandise. We know that insurance companies often try to blame the client rather than take responsibility. We work hard to get your medical bills, lost income paid and compensation for other damages.

If someone you care about has been injured while shopping for Christmas gifts, click here for a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers working for them, so should you!

Have Your Voice Be Heard on Health Care Reform

Only because I feel it is too important NOT to blog about--that is why today's article has nothing to do with my personal injury practice, but everything to do with you. I am not a political guy and I will never preach to someone about their views--they are their views to own and do as they wish with them. However, our America may forever be changed this week.

This week, the U.S. House of Representatives may be voting on Speaker Nancy Pelosi's health care reform bill. We need to tell our Representatives what we feel about it. Although I am a Democrat, I will be instructing my Representatives to vote against it. Here is why:

* 1.055 trillion dollars. That is what the Congressional Budget Office figures the House program will cost over a decade. We Americans can simply not afford that. Just last night, my wife and I were talking about buying this and that and we decided that we couldn't do it because we simply couldn't afford to do it. Americans has to have the same talk with their Representatives.

• Robbing Peter to pay Paul. Medicare may not be the best system, but people are getting health care under it. The House bill wants to take $426 billion from future Medicare spending to pay for other care.

* States will be called to contribute as well. Governors will be asked to take on $34 billion in new burdens. This will affect state programs and state taxes.

* Businesses will have to pay. Under the plan, businesses would have to surrender 8% of their payroll to government if they don't offer insurance or pay at least 72.5% of their workers' premiums, which eat into wages. This will result in lower wage increases and less jobs--two things that built America.

• I don't want anyone telling me or my family what "essential benefits" are. If I want to have a procedure performed--no matter how old or how sick I am be--I have the right to do it. Under the House bill, the "health choices commissioner" will decide what counts as "essential benefits."

These are the reasons I am against it. Honestly, with so much propaganda on both sides, I cannot tell you that my reasons are correct. But, I don't want to take the risk. I don't want my kids and grandkids paying for something that we simply cannot afford.

Tell your elected Representatives what YOU think--whether you are for it or against it. You as an American have great power to be heard--don't waste it. Click here to determine the name of your U.S. Representative and then go to their web site to send an email and share your thoughts.

Whew! I am done being political. Now, let's talk Halloween costumes, brain tumors from cell phones, car accident prevention--anything but politics!

Where You Wear Your Cell Phone Could Result in Future Problems

We know that using the cell phone while driving can cause car accident. Now, a study shows that how you wear your cell phone may lead to complications from neck or back surgery needed because of that car accident. According to a study in the September issue of The Journal of Craniofacial Surgery, wearing a cell phone on your hip area may lead to decreased bone density in the area of the pelvis that is commonly used for bone grafts.

 

The researchers measured bone density at the upper rims of the pelvis (iliac wings) in 150 men who were cell phone users and carried their phones on their belts. Bone density was compared on the side where the men wore their phones (the right side in 122 men and the left side in 28) versus the opposite side. The men carried their phones for an average of 15 hours per day, and had used cell phones for an average of 6 years.

 

The results showed a slight reduction in iliac wing bone density on the side where the men carried their phones. The difference was not statistically significant, and did not approach the reductions seen in osteoporosis. However, the researchers point out that the men were relatively young average 32 years and that further bone weakening may occur with longer follow-up.

 

The researchers emphasize that their findings are preliminary. Coming generations of mobile technology may lead to the development of new cell phones with lower exposure to electromagnetic fields. Meanwhile, Dr. Atay and colleagues conclude, "It would be better to keep mobile phones as far as possible from our body during our daily lives."

 

Personally, in order to prevent someone causing a car accident with someone I care about, I would rather drivers keep the cell phone on their hip while driving than on their ear. I don't know what about using a cell phone makes someone drive slower and keeps them from staying in their lane, but you can spot the cell phone users on the roads.

 

Drive safely and watch out for those who don't. If you or a loved one is injured in a Florida car accident, click here to contact Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers looking out for their best interest after your automobile accident, so should you!

Lucky 13 Halloween Tips

Ghouls and goblins will take over the night. Halloween's greatest hazards aren't vampires and villains, but falls, costume mishaps and automobile crashes. Because Halloween falls on a weekend, there is even more risk of injuries from car accidents and more drunk drivers on the roads.

Scary creatures need to be safe and celebrate Halloween right. The Red Cross wants
your family to have a safe Halloween so we're providing these "Lucky 13" tips:

1. Map out the route that you plan to roam, so adults are assured you will find your way home!
2. From the bravest of superheroes to the noblest of knights, everyone should remember to bring their flashlights!
3. If you visit a house where a stranger resides, accept treats at the door and, please, don't go inside.
4. When you get ready to put on your disguise, use face paint instead of masks, which will cover your eyes.
5. Always remember, before you embark, to wear light-colored clothing to be seen in the dark! (And remember to use reflective tape, even on bikes, and brooms and the edges of your cape!)
6. Whether you walk, slither or sneak, do it on the sidewalks and not in the street.
7. As you roam through the neighborhood collecting your treats, please look both ways before crossing the street! (And speaking of streets, the corners are the place for trick or treaters to cross no matter their pace.)
8. Wigs, capes and costumes are flammable attire, so avoid open flames to prevent a fire!
9. Use a glow stick instead of a candle so your jack-o-lantern isn't a safety gamble!
10. You may fly on a broom or a space ship from Mars, but please be on the lookout for drivers in cars! (Between parked cars is no place to hide, be sure that you’re seen whether you’re a clown or a bride.)
11. Monsters and zombies should stay off the lawn, and only visit homes with their porch lights turned on!
12. You may be dressed as a werewolf, a cat or a frog, but be cautious around strange animals, especially dogs.

Planning now by using these tips could prevent an injury this Saturday. No one wants to spend Halloween night in the emergency room with their child.

Picking the Right Halloween Costume

Batman & Robin (again)? Tom & Jerry? Larry and Bob (from Veggietales)? Red Spiderman and Black Spiderman? My three-year-old son still hasn't decided what he and I are going to be for Halloween, but after visiting many of the costume stores, it is clear about one thing--some costumes can be pretty dangerous.

Black is certainly popular, but not safe for trick-or-treating. Masks don't always fit and can block your child's vision. Now is the time to think about your child's costume's safety before you set the goblin free to raid the neighbor's candy.

Here are a few pointers from the costume experts:

• Halloween costumes should be light and bright, so children are clearly visible to motorists and other pedestrians.
• Trim costumes and bags with reflective tape.
• Make sure children wear flame-resistant costumes that fit properly.
• Costumes that are too long may cause kids to trip and fall.
• Children should wear sturdy, comfortable and slip-resistant shoes.
• Masks and hats can impair a child's vision, so secure hats well and consider using face makeup instead of masks.

Any ideas for me and my son would be helpful--just make sure they're safe (and easy to do and don't make me look too ridiculous!)

Enjoy the treat of costume shopping, but don't be tricked by the unsafe costumes!

First Day of Fall Reminds Us to Think About Fall Prevention

With today being the first day of Fall, the nation focuses proclaims today as Fall Prevention Awareness Day.

According to the Centers for Disease Control and Prevention (CDC), an older adult is treated in a hospital emergency room for a fall every 18 seconds, and every 35 minutes an older adult dies as a result of a fall-related injury. In fact, among older adults, falls are the leading cause of injury deaths. They are also the most common cause of nonfatal injuries and hospital admissions for trauma.

In my personal injury practice, I have represented families who lost a parent after complications from a fall at a business. These deaths are preventable with a bit of care and planning.

If businesses know that their profit is generated by the elderly, they should take steps to prevent slip and falls or trip and falls. Keeping walkway clear of merchandise, displays and carts is one way. Delineating different levels of flooring is key as well. The curb and parking lot needs to be different colors or at least have a yellow stripe. If a business provides steps, make sure they have proper handles to hold on to. These simply steps can prevent a family having to bury their parent after complications from a slip and fall or trip and fall.

Older persons can also take steps to minimize injuries from a slip and fall or trip and fall. Rehabilitation and geriatric specialists provide these tips to older adults and those at risk of falling:

1. Improve strength and balance by exercising regularly.
2. Review with a physician medications that may have side effects on one’s balance.
3. Install brighter lights to increase visibility around and within your home.
4. Keep objects within a reasonable reach.
5. Have step stools and hand railings repaired if loose.
6. Remove or move furniture or obstacles that may be a tripping hazard.
7. Remove slippery rugs or use double-sided tape to secure them to the floor.
8. Keep non-slip mats on surfaces which may become wet such as bathtubs, and consider installing grab bars for use in the shower and bathroom.
9. Have your vision checked annually.
10. Consider having a falls risk assessment by a trained health care professional.

Most falls are preventable with extra care. Look around and take the necessary steps to protect yourself and others by eliminating fall hazards. I'm sure my clients much rather be celebrating their mother's birthday than fighting for change in a lawsuit!

If you have questions regarding legal rights after a trip and fall or slip and fall, click here to contact Personal Injury Attorney Matthew Noyes. Insurance companies have attorneys protecting their interest, so should you!

How You & Your Child Slide Down the Slide Could Put Them at Risk

You could be hurting your child instead of helping them. According to a recent study published in the Journal of Pediatric Orthopaedics, many young children are suffering tibia fractures as a result of going down a slide on the lap of an adult.

The study was conducted at Winthrop University Hospital and found 13.8% of the tibia fractures reported over an 11 month period were sustained while sliding down a slide on an adult's lap.

"The correlation between a young child sliding down a slide while in an adult's lap has not previously been related to fractures of the tibia," stated study author John T. Gaffney, DO, an orthopaedic surgeon specializing in pediatrics in New York. "Many parents think it is actually safer to hold their toddler while going down a playground slide, but this study may prove otherwise," he added.

According to the study, the tibia fracture occurred either when a young child was in an adult's lap while sliding and placed their leg in a position where it became fixed, while both the adult and child continued moving down the slide or the child's leg became twisted, creating a torque that led to a fracture in the lower extremity.

In the study, all tibia fractures associated with playing on a slide were sustained while going down the slide on the lap of an adult or older sibling.

Although going down the slide with your child on your lap may seem like an enjoyable moment for both, it can result in a horrible memory of a broken leg.

Although this has little to do with my practice of law, as a dad of the most wonderful three-year-old in the world, I thought all Dads and Moms may want to understand this risk. If you see others in the park doing it, you may want to direct them to this study.

Enough is Enough! Don't Mix Tort Reform with Health Care Reform

I try not to be too political, but sometimes I hear too many falsities and I say enough is enough. The shift in the health care reform discussion to tort reform is one of those times. I am tired of radio hosts, television guests and politicians trying to convince America that there are too many medical malpractice lawsuits. The research proves them wrong. Before you jump on their bandwagon, did you know the following?

1. According to the Government Accountability Office (GAO) and Congressional Budget Office (CBO), costs associated with medical malpractice lawsuits are a tiny percentage of health care costs – less than one and a half percent of overall spending.

2. Medical malpractice suits are less than one percent of the entire civil caseload, and have been declining for nearly a decade.

3. According to Harvard research, only one in eight negligently injured patients file a malpractice claim.

4. Researchers at the Harvard University School of Public Health have found that nearly all medical malpractice negligence claims are meritorious with 80% involving physical injuries resulting in major disability or death.

5. One radio host claimed yesterday that all doctors are ordering every test in the book so prevent them from being sued. This is called "defensive medicine." The GAO and CBO have found no evidence of so-called “defensive medicine,” instead determining that some doctors run additional tests to generate more income or help diagnose patients. Even officials from the American Medical Association have told GAO that "defensive medicine . . . is difficult to measure." The CBO and GAO have both concluded that eliminating defensive medicine would have only a minimal impact on reducing overall health care costs.

6. The Institute of Medicine estimates that 98,000 people die each year in the US from preventable medical errors.  This is the sixth leading cause of death in America.

7. Hospital-acquired infections kill 90,000 patients each year.

8. The federal government is big enough. Let the States do their job! 48 states have already enacted medical malpractice tort reform measures. In Florida, if medical malpractice causes the death of an unmarried person with no children under the age of 25, there is NO claim even if the malpractice is clear. Also, if Florida, in order to prove medical malpractice against the emergency room doctor, you have to prove that they acted in reckless disregard--a standard of proof which is nearly impossible to prove.

9. Doctors are not leaving the practice. According to the AMA, the total number of physicians in the United States rose to a record high in 2007--941,304 doctors.

10. Researchers from the National Bureau of Economic Research concluded that the verdicts and settlements in medical malpractice lawsuits do not seem to be the driving force behind increases in malpractice premiums.

Americans have been led to believe that there are hundreds of thousands medical malpractice negligence lawsuits every year and most of them are frivolous. That is false! If any health care reform is needed, Congress must come out with a final bill that decreases the number of medical errors, not bargain away the legal rights of injured patients.

I have a lot of friends that are great doctors! The few bad ones give them a bad name. Punish the bad doctors or get rid of them so the good doctors can take care of us. Don't punish the patient and their family if one of these bad doctors commits malpractice that forever changes their lives.

Lastly, get the Federal government out of the State's business. The States can do the job of tort reform if it is needed--they already have in all but two states.

OK, I'm stepping off my soap box now. But, you should get on yours! To contact your Representative and Senators about ensuring that tort reform stays out of the health care bill, click here and go to the "My Elected Offical" box to determine your Congress persons.

Tips that Could Save a Child From Drowning

Young kids are dying in backyard pools. There has been several in the Tampa Bay news in the past weeks. As a father of a 3-year-old, this issue is very important to me and should be important to all poolowners and parents.

Each year, more than 800 children drown in the United States. It happens in backyard pools, lakes and ponds, as you would expect. It also happens in places you may not expect, like puddles and bathtubs. Let's take a look at some safety tips that we can take into the summer months where water is in the plans.

According to the U.S. Consumer Product Safety Commission, about two-thirds of the pool and spa-related deaths and injuries involve children ages 1-2, with about 80% of the drowning fatalities occurring in residential settings, such as the victim’s home, a family or friend’s house or at a neighbor’s residence.

Here are a few tips that could save a child's life:

1. It doesn't take long for children to drown, and they do so quickly and silently. The key is adult supervision when children are near water. Adults are often close by but get distracted from their duties. Take supervision seriously and make sure a phone is nearby to call for help in case it is needed.

2. Children are attracted to water. Many of these children don't understand how dangerous it can be and may be discovered in the water too late to help. Make sure your pool has four-sided fencing and a self-closing and self-latching gate. Hot tubs should be covered and locked when not in use. Consider installing motion sensors on your pool.

3. Children can be pulled from the water and may be in need of high-quality cardio pulmonary resuscitation (CPR) prior to the arrival of the firefighter/paramedics. Prompt action can be the difference between life and death. Take a CPR course and get plenty of time practicing on the mannequins.

4. Children from non-swimming households are eight times more likely to be involved in a drowning. Enroll in swimming lessons. Lessons are available for all age groups, and some classes are offered for parent and child together.

If you own a pool and invite guests to your house, as the homeowner, you are legally responsible for any injuries or deaths that may occur because you failed to take precautions to prevent a drowning. Compounded by the emotional cost of a child dying by drowning in your pool, there could be significant financial costs as well.

Take steps now to protect you, your familiy and friends and others from a preventable drowning in your pool. Even if it is simply to avoid being sued because of a drowning, protect your pool now.

For more backyard pool tips that could prevent a drowning (and the potential lawsuit), click here for pool safety tips from the Consumer Product Safety Commission.

CHILD KILLED WHEN TELEVISION FALLS ON HER

I know it is not auto accident related, but this topic is so important that I will veer off the typical topic and remind everyone of the dangers of children being injured or killed by furniture that tips over.

Last week, a 4-year-old Jacksonville girl has been killed when a TV set on top of an entertainment center fell on the girl. Freak accident? Sadly, it isn't.

A recent study says that this type of injury has actually increased 41 percent over the past 18 years - with nearly 15,000 people hurt every year because of falling furniture. According to a comprehensive study conducted at Nationwide Children's Hospital in Columbus, Ohio, between 1990 and 2007, more than 260,000 children received emergency room care because of tip-over related injuries.

There were 300 deaths, and most of the injuries were to children ages 6 and under. "Far and away the most common type of furniture that's related to tip overs is the television," said Dr. Gary Smith, lead researcher. "The traditional set is front heavy so it's prone to tip over and that's why we see so many of them among young children."

What can parents do to prevent this danger in their home? According to a CBS News Report, here are a few things that could avoid a death or serious injury to a child:

1. You should pack your dresser from the bottom up, so it's heavy on the bottom. Don't make it top heavy, and don't put things on top of your dresser like a TV, stuffed animals or remote controls.
2. Buy safety straps, which cost only $5 and can be purchased at the hardware store or a baby store, and are very simple to install.
3. Don't have an entertainment center or dresser that can be used as a ladder. Eliminate open shelves on the bottom that can be used steps.

As a father of a three-year-old, this scares me! I am going home tonight and making sure that my wife and I take the necessary precautions to prevent this type of accident from happening to my little boy! You should do the same thing!