NOYES LEGAL NEWS

Children Dying by Strangluation by Blinds Leads to Recall

Parents of small children, check your window blinds and shades!

Six companies are recalling millions of window blinds and shades, following the deaths of three children who got caught in cords that move the coverings up and down. The recalls were announced yesterday by the Consumer Product Safety Commission. The three deaths involved blinds or shades made or imported by Vertical Land Inc. in Panama City Florida and Lewis Hyman Inc. in California. Other blinds and shades are being recalled because of near strangulation of children. Click here to read the recalls on these products.

In one case, a one-year-old was killed when he became entangled and strangled in the lift cord loop of a roll-up blind that had fallen into his portable crib.

Pottery Barn Kids, IKEA, and Target Stores are just a few of the stores where these blinds were sold. The CPSC says there have been six reports of children becoming entangled in the inner cord of the Pottery Barn Kids shades.

The simplest of products can be the deadliest. Some manufacturers take shortcuts to save time and money which puts us and our children at risk. If you or a family member is injured because of a defective product, you should consult with a personal injury attorney to discuss your rights. You may click here to schedule a free case consultation with Personal Injury Matthew Noyes.

Before You Let Off Fireworks At Your House . . .

What happens if someone is injured at your house while fireworks are going off?  No worry, you have homeowner's insurance?  Think again!!

Your homeowner's insurance policy may NOT cover injuries from fireworks.  Since Florida law prohibits fireworks from being sold to general consumers, someone who let fireworks off in their backyard is technically breaking the law.  If the homeowner's policy excludes coverage for damages occurring while violated the law, there may be no homeowner's coverage and you may be responsible for injuries occurring at your house.  Check your homeowner's policy BEFORE you light the first fireworks.

In 2005, 10,800 were treated in emergency rooms for fireworks related injuries.  Another 190,000 people are estimated to have been injured from fireworks without going to the emeregency room.  Also, 4 people were killed by fireworks in 2005.

Fireworks are dangerous so act accordingly.  Also, make sure that all around you act responsibly.  If you are drinking, don't let off fireworks.  Don't hold a lit firework in your hand or try to re-light a firework that appears to be a dud.  Of course, don't throw or point fireworks at people, vehicles, buildings, trees or other object.  Use common sense and injuries could be avoided.

If you or a loved one is injured because of someone's carelessness with fireworks, you should consult with an attorney before talking with the insurance companies.  Insurance companies will have attorneys to deny your case, you should have attorneys to fight your claim.

My Tampa Bay personal injury law firm has been fighting for those injured in Florida for over 53 years.  To contact me to discuss your case, simply click here.

Fighting to Get Social Security Disability Benefits

Few things are more devastating than suffering from a serious injury, medical or mental illness that leaves you unable to work?  If you are unable to work for 12 months or more, you may qualify for benefits under the Social Security Disability program.   If you think you might qualify, you should apply online or at a local Social Security office.  The rules followed by the Social Security Administration are very specific.  Generally, you must be unable to do any kind of work as a result of severe medical or mental impairment.

You should not be discouraged if you are not successful with your initial application.  It is very common for Social Security to deny the initial application for benefits.  If Social Security denies the initial application, you should request a reconsideration as soon as possible and definitely within 60 days of your denial.  If Social Security upholds the denial of the claim after reconsideration, you should contact our law office as soon as possible so we can request a hearing before an administrative law judge on your behalf.   You only have 60 days from the date of the denial of your request for reconsideration to request a hearing before an administrative judge.  Therefore, it is important that you contact our office immediately upon receipt of the denial of your request for reconsideration

My staff and I are happy to speak to you concerning eligibility for Social Security Disability benefits.  To prevail in your Social Security disability claim, it is important to have medical documentation that addresses the issues Social Security considers.  We are experienced in assembling the medical information required for a favorable determination and in presenting your testimony at the administrative hearing.

To reach me to discuss your Social Security Disability Claim, simply click here.

SUMMER BOATING SAFETY TIPS TO AVOID INJURIES

Now that school is just about out for most, it is important that everyone refresh themselves on summer safety tips.  Too many children (and adults) get seriously injured or die because of the negligence of another person.  Taking just a few safety steps can avoid injuries and lawsuits.  This article will focus on boating safety tips.

First and foremost, the best thing anyone can do to stay safe in and around the water is to learn to swim.  Many boating tragedies occur because people do not know how to swim.

Alcohol and boating do NOT mix.  Alcohol impairs the boater's judgment, balance, and coordination.  Over 50% of drownings result from boating incidents involving alcohol.  Operating a boat is as dangerous as operating a motor vehicle.  The driver of the boat should not drink alcohol and you should not ride with someone who has.

Life jackets may be uncomfortable, but they save lives.  Look for the label indicating that the life jackets on the boat you are on are Coast Guard-approved life jackets.

Develop a float plan.  Anytime you go out in a boat, give a responsible person details about where you will be and how long you will be gone.  This is important because if the boat is delayed because of an emergency, becomes lost, or encounters other problems, you want help to be able to reach you.

Lastly, watch the weather.  Know local weather conditions and prepare for electrical storms.  Stop boating as soon as you see or hear a storm.

The operator of the boat has a duty to keep all his or her passengers safe.  If they fail to do so, they can be held responsible for injuries to the passengers.  If you or a loved one has been injured in a boating accident because of the negligence of the operator of the boat, you should consult with an attorney to understand your rights.

My Tampa Bay personal injury law firm has been fighting for the rights of those injured in boating accidents, car accidents, motorcycle accidents, biking accident, and other similar accidents for over 53 years.  To contact me to discuss your case, simply click here.

 

NEW CHILD SEAT RATING SYSTEM MAY PREVENT INJURY IN CAR ACCIDENT

Anyone who has a small child--me included--knows the difficulty of selecting the right child safety seat for your car.  We parents want to make sure we buy the right one to avoid injuries to our babies in the event of a car accident.  The U.S. Department of Transportation has provided some new guidance in our selection.

On January 30th, the Transportation Department announced that it was revamping a consumer rating system for child safety seats.  The new system will use a five-star rating system--based on the seat's ability to secure a child and how easy it is to install the seats.

The National Highway Traffic Safety Administration notes that 7 out of 10 child safety seats are either the wrong size or misused making injuries after a car accident more likely.  When used properly, the right seat is very effectively.  The NHTSA estimates that child restrains systems reduce fatal injuries in car accidents by 71% for infants and 54% for toddlers in passenger cars.

The recommendations have stayed the same--car seats for children up to 40 pounds and booster seats for children over 40 pounds until they are 8 years old or 4 feet 9 inches tall.  Further, it is recommended that all children ride in the back seat until age 13.

Select your child's seat carefully and drive safely.  However, be prepared for those who don't.  If you are involved in a car accident, you should talk to an attorney about your legal rights.  My firm has been fighting for those injured in Florida car accidents for over 53 years.  To contact me to discuss your case, simply click here.

It's Not Easy Being Santa Claus

A change of pace from my standard blog article . . . .

It's been a rough week for Santa Claus. 

During a Santa Run in Spokane, Washington, Santa was beaned in the head while waiving to people.  No one who did it or with what, but when he woke up, Santa was being attended to in the back of a sleigh.  Maybe Santa doesn't really know who has been good or not.  Rumor has it that he was hit by a piece of coal given by Santa last year to a bad boy or girl!!

You think that was bad?  In Rio de Janeiro, Santa was delivering presents to children at a party by helicopter.  When Santa's helicopter flew over a town, someone starting shooting at the helicopter.  The chopper had to turn around.  Don't worry, Santa was able to make it to the party --by car--and delivered about 700 gifts!!

Watch out for Santa--at least for a few more days.  My little boy will be very sad if someone negligently causes him not to be able to deliver his presents!

KIDS + CANDY + CARS = A DANGEROUS NIGHT

According to Safe Kids USA, children are more than twice as likely to be hit by a car and killed on Halloween night than the rest of the year.  As drivers, we need to do our part to keep trick-or-treaters safe from harm.  Here are a few pointers:

1.  BE ESPECIALLY ALERT:  Remember that popular trick-or-treating hours are during the typical rush hour period--between 5:30 p.m. and 9:30 p.m.

2.  DRIVE MORE SLOWLY:  Despite what we tell our kids, the fun of Halloween will result in kids running out into the road to get to that house with the best candy and dart out between vehicles.  All drivers need to slow down and anticipate heavier pedestrian traffic.

3.  LIGHTS ON:  Be sure to drive with your full headlights on so you can spot children from greater distances.

4.  CELLPHONES OFF:  If you are talking on the cellphone, you are not paying attention to the road well enough to avoid a darting vampire, ghost, princess, or superhero.  Get off the phone.  Even if it is just for tonight.

If you or your child is injured this Halloween because of the negligence of a driver, you should consult with an attorney right away.  My law firm has been representing those injured in Florida car accidents and work comp injuries for over 52 years.

To contact me to discuss your case, simply click here.

Stay Out of the Emergency Room This Halloween

Too many kids get hurt in car accidents; bike accidents; and walking accidents as they trick-or-treat on Halloween night.  Thus, you can never be reminded too many times of how to avoid your little one from being hurt.  Here are a few tips from the American Red Cross:

• Walk, slither, and sneak on sidewalks, NOT in the street.
• Look both ways before crossing the street to check for cars, trucks, and low-flying brooms.
• Cross the street only at the corner.
• Wear reflective tape on the costume or the candy bag.
• Plan your route and share it with your family.
• Carry a flashlight to light your way.
• Accept your treats at the door and never go into a stranger's house.
• Have a grown-up inspect your treats before eating.  Don't eat candy if the package is already opened.

Halloween should be filled with surprise and enjoyment--not injury.  Just a bit more precaution can save you a trip to the emergency room with your witch, goblin or superhero!

Have a safe Halloween!!

Prepare Now for a Safe and Fun Halloween

The streets will soon be filled with little ghosts and goblins carrying their pillowcases full of candy.  Plan now to prevent disaster later!

Parents, check out your child's costume.  Long costumes are tripping hazards.  Use make-up or face paint instead of masks to ensure you child's vision and breathing are not impaired.  For safety on the streets, use reflective tape on those dark costumes to ensure that your child can be easily seen by motorists.  Also, to avoid injury, make sure the swords, knives and other accessories are made of flexible material.

Also, remind your kids of the importance of not eating any candies or other treats until they have been looked over by an adult.  To ensure your kids aren't too tempted to snack on their goodies, make sure they have eaten dinner before going treat-or-treating.

Some preparation now could avoid serious injury to your child.  Talk to them for the next few days and remind them again before they walk out of the house.  It will be worth the hassle!!

Money, Money, Money -- Allstate Corporation is Rolling In It!!

How would you like to have net income (revenue - expenses) of $978 MILLION dollars?  Not for a year, but just one quarter of the year!!  Well, if you're the Allstate Corporation, you could do that.

Recently, Allstate Corporation's President & CEO announced that revenues increased $9 BILLION dollars in the third quarter and that net income was $978 MILLION dollars.  Wow, they're right, there is an insurance crisis--the insurance companies are making TOO much money!!

As a personal injury attorney, I deal with Allstate Insurance Company on a nearly daily basis.  The company almost always under-evaluates an injured person's claim after a car accident.  The company minimizes the impact a low-property damage car accident can have on a human's body despite what science says.  Allstate, like many other insurance companies, simply put profit over people.  This is obvious when they are reporting nearly a BILLION dollars in net income in just 3 months!

The general public needs to understand that the insurance companies are making too much money while those injured in car accidents are struggling to pay their mortgage because their injuries from the car accident prevents them from returning to work. 

I encourage you to tell five people you know about Allstate's three-month net income figure.  Maybe they will tell others and we can do something about insurance companies putting profit before people!