NOYES LEGAL NEWS

Trampolines Can Lead to Homeowner's Insurance Claims

Trampolines are fun, but they are an invitation to a claim under your homeowner's insurance policy. New York Yankee pitcher, Joba Chamberlain, knows how fun trampolines can be, but also now knows the serious injuries they can cause. Chamberlin underwent surgery at St. Joseph's Hospital in Tampa, Florida after injuring his ankle while jumping on a trampoline with his 5-year-old son. This star New York Yankees pitcher will spend the following six weeks in a cast. Only time will tell what this injury has done to his baseball career.

The American Academy of Orthopedic Surgeons (AAOS) recommends the following safety guidelines if you have a trampoline in your backyard:

• Check the equipment regularly for safety conditions
• Remove trampoline ladders after use in order to prevent unsupervised access by young children
• Children should be supervised and instructed by a competent adult at all times
• Trampolines should only be used by one person at any time
• Trampolines are not recommended for children under the age of 6
• Use of trampolines for competitive gymnastics, diving training, physical education and other similar activities required careful adult supervision and proper safety measures
• The trampoline-jumping surface should be placed at ground level
• Safety net enclosures may provide a false sense of security - the majority of accidents occur on the trampoline surface
• There should be enough protective padding around the supporting bars, strings and surrounding landing surfaces
• Trampolines should not be used for unsupervised recreational activity
• When participants are jumping, it is vital that spotters are present. Somersaults or other high-risk maneuvers should not be performed without proper supervision and instruction and should only be done with proper use of protective equipment, such as a harness.

These safety recommendations can prevent injuries and can prevent a claim from being made under your homeowner's policy. If someone is hurt on your trampoline and you failed to use reasonable care and/or failed to reasonably supervise younger children while they used your trampoline, they have the right to make a claim for past and future medical expenses, past and future lost wages (if any), pain and suffering and other damages because of their injuries.

Enjoy the trampolines, but do it safely. Also, let's hope the Tampa Bay Rays play the New York Yankees in the next six weeks!

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Personal Injury Attorney Matthew Noyes represents those injured in other people's homes if there was negligence on the homeowner. He also represents those injured in car accidents, motorcycle accidents, slip and fall injuries and other types of personal injury claims. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for client since 1955. Benefit from their experience by calling Attorney Matthew Noyes today at 727-796-8282 or by clicking here to contact Personal Injury Attorney Matthew Noyes.

Jury Allows Parents to Tell Their Story and Returns Two Million Dollar Verdict

About 7 years ago, I sat at the kitchen table of two strangers whose 17-year-old son died while he was conditioning for high school baseball. Within minutes, these two strangers--Kathy and Jim Miulli--became my friends.  During that meeting, the grieving mother told me that all she wants is to have her story told to prevent other teenage athletes' deaths.  This week, we were able to do that for her and her husband.

Over the past nearly seven years, my firm and I have proudly represented Kathy and Jim Miulli in a wrongful death case involving their son, Matt.  On Monday, the Hillsborough County jury returned a verdict of over $2,000,000.00 after six days of trial.  My partners, Bryan Caulfield and Lorrie Robinson, presented the case to the jury and both Jim and Kathy Miulli where able to tell her story.  It was an honor to be part of the team that allowed them to do this.  Although there are post-trial motions and likely appeals, two wonderful people and great parents to their son, Jim and Kathy Miulli are one step closer to closure.

As noted in news articles, since Matt's death, his parents have been instrumental in saving lives.  Through their efforts, Jim and Kathy--and Matt--were able to convince Hillsborough County to fund two additional ambulances; was a catalyst in getting the FHSAA to amend their bylaws to require pre-participation physicals before conditioning; and were able to get the Florida legislature to pass the Gordon and Miulli Act that provides funding for defibrillators for youth athletic organizations.  Now, if only Matt could do something up in Heaven to help his beloved Chicago Cubs! 

I am blessed to know Jim and Kathy Miulli and have been honored to help them be able to tell their story--a story all of us wish they never had to tell.

Holidays Can Be a Pain--Back Pain That Is

Whether it be hanging the lights, shoveling the snow (thankfully not here in Florida), walking and standing too long, or simply eating too much, the holidays can cause havoc on your back. Did you know that low back pain is the fifth most common reason for all physician visits in the United States? Nine out of ten adults experience back pain at some point in their lives, and five out of ten working adults have back pain every year.
However, there are simple things that you can do to reduce injury risk and minimize or eliminate back pain:

Travel Tips: Wear comfortable shoes with good arch supports to help you walk long distances, and comfortable, loose-fitting clothes to help you stay comfortable throughout your trip. Also, give yourself extra time because when you rush, you are less aware of your body movements, which can cause stress and strain on your back. Don't overpack. Take two smaller bags rather than one heavier big suitcase.

Shopping Tips: Shop during the off-peak hours to avoid having to stand on long lines and walk through crowded areas. Distribute the weight of shopping bags evenly, and avoid carrying bags for too long.

Cooking Tips: Prepare meals on a work surface that is most comfortable for you, or at elbow level. Stand on a cushioned mat or non-slip rug to avoid muscle fatigue and back ache. When taking heavy pans from the oven, lift from the knees, not the waist.

Eating Tips: Excess weight gained during the holidays can also place strain on the spine. According to one survey, 69% of Americans estimate that they gain up to eight pounds during the winter holiday season. Excess weight increases the likelihood of back injury, can aggravate existing injuries and can make it more difficult to recover.

Decorating Tips: Approximately 5,800 Americans go to emergency rooms every year due to injuries, including back injuries, sustained from holiday decorating related falls only. Take your time, mind your posture, and watch your step as you bend, stoop and stretch to retrieve items from your basement, shed or attic. Don't lift heavy boxes alone; ask a family member or friend to help you. Use a sturdy stool or ladder for reaching high places.

So follow these tips this holiday season to avoid having to see the chiropractor while others are celebrating!

Source: MedicalNewsToday.com

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 Personal Injury Attorney Matthew Noyes represents those who suffer back injuries from car accidents, motorcycle crashes, Florida workers' compensation claims and other personal injury matters. His Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

What To Do After a Slip and Fall

Every year, many people are seriously injured because of unsafe hidden conditions in some places of business. Whether it is poor lighting, faulty equipment, poor maintenance or other conditions, people can get seriously injured from a slip and fall.

Now, just because you fall in a business, it does NOT mean that the business is automatically at fault. The business must be negligent in such a manner to cause you to fall and get hurt. If you fall because of your own negligence or inattentiveness, then don't turn to the business for compensation. Those types of claims only reduce the credibility of the legitimate claims where the business is truly at fault. A property owner or business is under no obligation to protect you from dangers that are obvious and reasonably expected.

Property owners and business owners are responsible for dangerous and hazardous conditions they may know about, should have known about, or failed to correct and/or about which they failed to adequately warn. A dangerous condition may be a staircase that needs fixing or an uneven floor. The dangerous condition may be hidden, but one in which the owner should have reasonably known. If the property owner or business did not know about a dangerous condition, but should have known through routine maintenance and repair, they could be held responsible.

When a loved one falls, the first thing to do is get up right away out of embarrassment. I know, my wife fell this weekend and that was my first instinct for her to do. (She is alright and there was no negligence on the part of the business owner that caused her to fall). Getting up is not always the best thing to do. Here is a list of things that you should do if you or a loved one is injured in a slip and fall at a business or property:

1. If you are injured, you should get medical care to address your injuries--not for a potential lawsuit, but for your own safety and security especially if you strike your head. A blow to the head could result in death if not addressed immediately.

2. Pictures are also important. Maybe you will never need them because you don't have an injury, but you may never be able to recreate the area where you fell. The spill would be cleaned up. The safety cones would be put up. Signs could be posted. Photographs at the time of the fall (use your cell phone if needed) are crucial if you are injured in a slip and fall.

3. Get names and contact information of any person that may have witnessed your injury or has knowledge of the dangerous condition. Get the names of the store employees that may have assisted you. They may not be working there later when you need to talk with them.

4. Demand that an incident report be completed. Get the full name of the store manager or security officer who makes the incident report. Before you leave the premises, be sure you have a copy of the incident report BUT do not sign it.

5. Avoid providing any statements to the premises owner or their insurance company and do not sign any statements or incident reports. They will try to use this against you in the event of a lawsuit.

6. Keep the shoes and clothes you were wearing in a plastic bag especially if you slipped on a substance. The red soda or the springtime fresh laundry detergent that you slipped on that is still on your clothes will help prove your case. Just ask Monica Lewinsky.

Again, if you slip and fall and are not hurt, there is no need to make a claim against the property owner or business. Also, if you slip and fall because of your own fault and no fault of the business owner or store, don't try to blame the business. However, if you or a loved one is injured because of the negligence of the owner of the property or the business, you have a right to seek compensation for your injuries.

To understand your legal rights after a slip and fall caused by the negligence of the property owner or business, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. With offices throughout Tampa Bay, Attorney Noyes' personal injury law firm-Perenich, Caulfield, Avril & Noyes-can provide guidance to you or your loved one. Contact them today. We See You Through.

The Most Dangerous Day to Drive

It is fun to drive to fireworks or the July 4th picnic, but be careful because the Fourth of July is ranked as one of the most dangerous holidays to drive.

Depending on what study you look at, the Fourth of July is either the second or third most dangerous holiday to drive. Thanksgiving is consistently the most dangerous holiday with Memorial Day and July 4th apparently fighting for second place. There is an average of 505 deaths from car accident during the July 4th holiday. Keep an eye out for heavy drinkers who didn't have the good sense to stay home and off the roads. An estimated 53% of fatal Fourth of July crashes involve at least one drunk driver.

As for the most dangerous day of the year to drive, July 3rd and July 4th are ranked in the top 5 most dangerous days to drive on America's roads.

So, celebrate America's birthday with pride and joy, but be safe! Know that no matter how safe you are, there could be others on the road that shouldn't be. Watch out for them. It could save your life and the life of your family!

For answers to legal questions after a Florida car accident, motorcycle crash, Florida's workers' compensation claim or social security disability claim, talk with Personal Injury Attorney Matthew Noyes. Attorney Noyes' Clearwater personal injury law firm-Perenich, Caulfield, Avril & Noyes-has been caring for clients since 1955. We See You Through.

How Safe Are You on an Escalator?

The following is a guest blog article by Dolan Law Offices:

Many of us give little thought to the escalator we use at the mall, the airport or the convention center.  Yet, there are approximately 11,000 injuries and at least 7,300 emergency room visits a year because of escalator related injuries according to the U.S. Consumer Product Safety Commission (CPSC).  About 90% of these injuries occur because of falls and defects in the escalators and many of the injuries are serious.

The CPSC Does Not Regulate Escalators

The federal government, through the CPSC, does not regulate escalator safety.  That is left to the city and state governments, and enforcement efforts differ from location to location.  The lack of proper enforcement leads to inconsistent conformity with the escalator safety guidelines developed by the American Society of Mechanical Engineers (ASME).For example, common defects that may be present on an escalator include:

• Handrail problems that lead to finger entrapment;
• Lack of safety precautions that allow for shoes, hair and clothing to become entrapped in the sides or stairs of the escalator;
• Broken steps;
• Lack of emergency shut off buttons to stop the escalator during an emergency; and
• Lack of warning lines on the steps that make it difficult to determine when to step on and off the escalator safely.

Children are at Particular Risk

Children are at an increased risk for escalator accidents.  It is important to make sure that your children are wearing safe shoes and are encouraged to stand in the middle of the escalator holding the hand of a responsible adult in order to minimize the danger to young children.

If you or your child have been hurt in an escalator accident, then it is important to contact a personal injury lawyer as soon as possible after your accident.  An accident lawyer will protect your rights and fight for your fair and equitable recovery.

Martin A. Dolan is an Illinois escalator injury lawyer at the Chicago law firm of Dolan Law Offices. Dolan Law Offices is committed to helping victims of serious escalator accidents recover the damages that they deserve.

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.