Southern California Injury Law Blog

This week another tragic, unnecessary nursing home death occurred in Orange County. And although there were a series of events that led to the death of this man, the most important factor was that his Advance Health Care Directive document was not followed. The staff thought they were following this patient’s directive, but in fact, the staff had incorrectly written the fact sheet instructions and the man died unnecessarily.

Only about 20% of Americans have a directive document, but it is one of the most important documents a person can have. Basically the Advanced Health Care Directive is the best way to make known your health care wishes if you are incapacitated and can’t communicate your wishes.

We all remember the Terry Schiavo case from Florida. Family members all had different stories of what this women “would have wanted”, and the family and attorneys ended up at the Supreme Court. Unfortunately, just speaking your wishes to your husband or wife does not automatically ensure that your wishes will be honored. Here in California, the law gives you two options for your directive; you can either appoint another person who can make the decisions for you or you can be absolutely positive your desires are made known through writing your own advanced directive. Either way, it’s important to meet with a professional lawyer to discuss your legal options.

Choosing the right attorney to assist you in creating this document or any other legal data is vital. The process may be difficult, but the ramifications are enormous. Choosing a good law firm, like Allen, Flatt, Ballidis and Leslie, that can guide you through some of the difficult questions is comforting and the peace of mind that you have taken care of your personal wishes is enormous.

If you have a loved one in any type of nursing facility, it would be wise to double-check that their medical directive matches the instructions that the staff has. If you have any questions or concerns regarding a nursing home in California, visit www.nursinghomeguide.org/ for a complete listing by city or county of local elder facilities and their violations, staffing policies, and complaints.

If you’re contemplating placing a loved one in any type of facility, be sure and do your homework and make certain you are matching the best facility for your loved one. A good place to start is www.medicare.gov. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Staff per patient ratio is one of the major factors in choosing a good home. Finally, once you decided on a home or other facility, you may access detailed health and fire inspection reports on these homes.

For overviews of state and federal regulations, laws and patient rights, visit www.nursinghomealert.com. This website will educate you as to the laws that nursing homes must be in compliance with. They also have tips for evaluating the difference between neglect and abuse. As always, clear lines of communication with the facility are most important when you suspect something.
To avoid a serious personal injury or wrongful death, take some time to prepare your Advanced Health Care Directive. You and your family will be glad you did!

As Independence Day quickly approaches, so does the anticipation of outdoor BBQ’s, parades, pool parties, and of course, fireworks after dark. On a typical Fourth of July, fireworks caused more outdoor fires in the United States than any other cause of outdoor fires combined. According to the American Pyrotechnics Association, backyard fireworks have more than doubled since 2000, and with the increase of fireworks, come more chances of property damage and serious personal injury.

Last year, Americans consumed over 280 million pounds of display and backyard fireworks. That’s nearly 10 times the amount used in 1976. As the laws have been changing, so has there been an increase of injuries surrounding the use of fireworks.
California is one of 39 states that allow consumer fireworks. However the California State Marshall only allows “safe and sane” products to be sold. Most of these products are now produced and imported from China. Although they are doing an adequate job of self-regulating safety issues, the regulations are still voluntary and more needs to be done to make safety regulations mandatory.

In a typical 2 week period surrounding the Fourth of July, approximately 11,000 persons are sent to the emergency rooms and over half of those involve children under 14. Over 31% of all firework injuries involve fingers and hands. Furthermore 25 % involve the eyes and the rest involve the head and face. Even though most of the injuries are burns, some blasts caused by bomb-like fireworks can cause serious personal injuries such as blindness, loss of finger or limb, lacerations or permanent scarring. Over one-third of all firework fatalities were caused by professional devices illegally sold to consumers.

In addition to personal injuries, structure and vehicle fires are a large problem associated with fireworks; both legal and illegal. These fires results in millions of dollars in property damage as well as injuries and deaths. If you have suffered personal injury or property damage due to negligence of another person using fireworks, don’t hesitate to contact an experienced personal injury attorney to assist you through this unpleasant incident.

One of the safest ways to enjoy the Fourth of July festivities is by enjoying one of the professional displays in your local community. Here in California, laws vary by county and city and its best to check your local community calendar for a public display near you. In Orange County we are fortunate to have many planned communities with lakes to enjoy firework display over the safety of water. Mission Viejo, Lake Forest, Irvine and Laguna Niguel’s lakes will all have beautiful displays. In addition, the coastal communities of Newport Beach, San Clemente and Laguna will have beachside display from the safety of the beach. For a complete listing of community displays, visit http://www.usfireworkshows.com./California.html.

Lastly, a few safety rules to keep your holiday safe:
· Always monitor children when lighting fireworks; even sparklers can burn fingers or catch clothes on fire.
· Don’t experiment with homemade products, always use “safe and sane” fireworks.
· Never bend over to light a fuse; always stand to the side.
· Keep a fire extinguisher handy in case of any mishaps
·
Happy Birthday USA and stay safe!

A grueling football tradition called “hell week” will be played out all over Orange County middle and high schools this summer. It’s designed to get players in shape for the upcoming football season. But with record high temperatures predicated across California this summer, coaches and schools should be more concerned about heat-related sport injuries than creating sport stars. Last year heat-related deaths among middle school, high and college athletes were at their highest level according to new statistics.

Here in Orange County we have seen our share of tragic youth deaths. One in particular was a rising young star named Kenny Wilson. Only two days into the training schedule, the temperature hovered about 90 degrees as he and his high school teammates were practicing when he suddenly collapsed. By the time the paramedics had arrived, he had gone into cardiac arrest. By all accounts Kenny was a strong, young 16 year old who played multiple sports and was healthy. Unfortunately, several other athletes across the country have died and thousands more have been sent to emergency rooms because of heat related sport personal injuries.
Orange County school districts have since reviewed their summer policies of heavy sports’ workouts. Fainting episodes, vomiting and dizziness are all a part of sports training, but when the temperature rises, there needs to more than just occasional water or Gatorade breaks for the athletes. There needs to be a change in the sports’ mentality that allows kids not to feel pressured to complain of illness during a practice. Schools need to focus on heatstroke as a serious injury and not just something that happens to weak people.

Heat exhaustion, with heavy sweating and cramps can quickly turn deadly into heatstroke. Heatstroke happens when a series of events happen within the body once your inner core temperature reaches 104 degrees. First vascular shock occurs which reduces blood flow to the brain. Then an irregular pulse triggers a heart attack. Lastly, blood clots start to form and then kidney failure occurs.

The Sports Injury Advisory Group has created some recommendations for sport activities’ coordinators as well as concerned parents so that they can safeguard their children’s sport programs, especially in the summer.

· Acclimate to heat gradually. The first seven days of practice should be early; avoid practices in the afternoon when the heat is most intense.
· Pay attention to the humidity Index. If the sum of the temperature and humidity are equal to 160, precautions should be taken. If it is greater than 180, practice should be suspended.
· Take regular breaks. Stay hydrated and rest in shady areas. Rest period should occur 15 minutes for each hour of practice and be mandatory.
· Unlimited quantities of water should be provided to the athletes. Athletes should routinely drink plenty of water prior to workouts, and then drink at least a half a bottle at every break. Afterwards, at least one cup of water for each hour of activity.
Lastly, as parents you can do your homework as far as asking the right questions about your child’s sport program:
· Does the sport facility have a health care team?
· Is their on-site medical care provided if a child is injured?
· Is my child physically and mentally prepared for this sport?
· Does the team have an emergency plan in place? How would you be notified if your child is injured?

If your child has been injured in any type of serious sport-related injury, you probably have a lot of questions about what to do. Contact a professional personal injury attorney and empower yourself with the right information.

One of the leading causes of insurance fraud today is what is typically called, “staged auto accidents”. Specifically in California it is a criminal problem and it costs taxpayers. While the insurance industry would like us to believe it is rampant and therefore all cases should be looked upon with skepticism. That is not the case, but caution should not be thrown to the wind and the public needs to educate themselves on how these criminals operate.

Recognizing some common staged accident schemes can assist you in potentially avoiding these types of situations. Two of the most common maneuvers are the “Swoop and Squat” and the “Drive Down” Let’s discuss what these maneuvers are; what to do if you find yourself in this type of situation and most importantly, how to avoid not getting involved in the first place.

The “Swoop and Squat” is the most prevalent of all schemes. This usually involves two cars and they frequently target a single occupancy automobile so there are no witnesses to the collision. The “squat” car usually contains two people, and then positions it in front of the victims’ car. Then they slowly close the distance between you and the other vehicle. Then the “swoop” vehicle quickly changes lanes in front of the “squat” vehicle and stops suddenly. The innocent party rear ends the “squat” car and the “swoop” vehicle typically leaves the scene. The suspects in the “squat” vehicle innocently state that “this vehicle came out of nowhere and forced me to brake”.

If you find yourself in an accident situation and suspect that it is a staged event, don’t hesitate to call the authorities immediately. Stay at the scene until a police report has been filed and do not accept responsibility for the accident. Additionally, get as much information as possible; driver’s license numbers, names, addresses, count the individuals in the other car and note injuries and take pictures if you can. Often times these professionals will dispute the injuries, car damages and the number of persons involved.

In addition to the suspects in the other car, there can be “staged” witnesses who approach you after the incident. They might try to convince you to use certain repair shops, medical personnel or even questionable lawyers.

It is so important to choose the right attorney to handle your case if you have sustained any type of personal injury in a car accident. Allen, Flatt, Ballidis and Leslie have several decades of experience between them and are among the highest rated attorneys in Orange County and throughout California. It is important to have experienced, hard-working lawyers on your side.
The Coalition Against Insurance Fraud has some easy safety tips to protect you and avoid being a victim in this type of insurance fraud.

· Never Tailgate! Allow plenty of space between your car and the car ahead of you. This will give you ample time to stop if the car in front of you suddenly jams on its brakes.
· Look beyond the car in front of you while driving and be defensive. Apply your brakes slowly if you see traffic slowing.
· Count how many passengers were in the other car if you’re in a collision. Get their names, in fact all contact information. Typically more people than were in the vehicle might file claims than were in the car. Also get the car’s license number.
· Try to keep a pen and paper, and even a disposable camera in your car’s glove box at all times.
These schemes typically target owners of new cars, older drivers and solo occupants of vehicles. If you suspect that you’ve been the target of insurance fraud, don’t hesitate to make a report to your local authorities.

Seat belt usage is at an all-time high here in the United States. Specifically, here in California we have a 95% usage rate. That’s great news for saving lives and avoiding personal injury. Yet we still have over 3 million Californians that don’t buckle up and that costs our communities over 26 billion a year for motor vehicle injuries and deaths for unbelted passengers.

If you’ve been driving anywhere in Orange County or throughout California recently, you’ve noticed the “Click It or Ticket” mobilization of law enforcement. Their goal is to have 100% of Californians buckled up. Fines can range from $80 to $400, depending on the county. The CHP doesn’t want to hand out tickets, they want to save lives.

Wearing a seat belt will reduce your risk of personal injury or death by 50%. In addition your risk decreases as you drive mini-vans, S.U.V’s and trucks with restraint devices. These types of vehicles tend to be more rigid in an accident and they actually absorb more of the shock during the impact. But whatever type of car you drive, buckling up saves lives and prevents personal injury.

If you have been injured in any type of automobile accident, don’t hesitate to contact an experienced attorney as soon as possible. Allen, Flatt, Ballidis and Leslie are a law firm that has knowledgeable lawyers ready to assist you through this experience.

Although the safety factor for seat belt use is clearly there, there are some individuals that still refuse to buckle up. 68% of teens that were killed in car crashes were unbuckled. Peer pressure does play a role in teens not using seat belts, and their friends typically don’t want to “tell them what to do”.

Though, the most common argument against seat belt usage is that it is uncomfortable. Two groups of individuals that typically complain about this don’t wear their seat belts are pregnant women and the overweight/obese. According to a recent study by the National Highway Traffic Safety Administration, obese people are more likely to die or be severely injured in an accident due to lack of seat belt use.

Just 10 years ago, automakers made belts 12 inches longer than what was required by federal law. Today belts are typically 18-20 inches longer. Most automakers have utilized this standard of providing extra length on seat belts for the U.S. market. Moreover, some manufacturers have “extenders” that can be purchased separately. These will provide additional support, but must not be used with children.

Auto engineers are now designing wider seats and more comfortable safety belts for the average consumer. Currently there are about 40 million American considered obese and another 58 million designated overweight. That’s a large target group of people needing new restraint technology.

Four point belts, like the type NASCAR drivers wear is an additional alternative for some drivers. This allows the larger individual comfort, ease of use, and in some circumstances, a safer experience.

Lastly, whatever your age or size, remember to buckle up for safety.

Driving along any California highway you’ll see people eating in their cars, applying make-up or just talking on their cell phones. These are all serious driver distractions and they are a major cause of personal injury accidents here in Orange County. In a recent study by the National Highway Traffic Safety Administration, they conclude that 80% of crashes and 65% of near crashes happen within 3 seconds of some form of driver distraction. If you’re reaching for an object in your car, you are nine times more likely to be at risk for an accident.

Teens are more vulnerable to distractions than any other age group of drivers. Sadly two prominent high school teens here in Orange County, Jill Sabet and her boyfriend Jonathon Schulte, lost their lives as passengers riding to their prom due to a distracted driver. The driver of the car was sober and not speeding, but someone in the car asked her for a piece of gum. At that moment she looked away to reach for the pack of gum, she lost control of the vehicle and it flipped over. In a split second inexperience and distraction took the lives of two precious children.

Another huge distraction to drivers (and annoyance to driver around them) is cell phone use. That’s one of the main reasons a new law will take effect in a few weeks that will make the roads hopefully a little safer. On July 1, 2008, California’s new cell phone law takes effect and will make it a fine to operate a cell phone while driving without using “hands-free technology” such as Bluetooth or an earpiece device. First offense fines will start at only $20, but will rapidly increase for further violations. And, yes, these violations will go on your DMV record!
The above law is applicable to drivers over the age of 18 years. It is still illegal for drivers under 18 years old to use an electronic device of any type here in the state of California.

In addition to distractions happening within your car, there are plenty more attentions diversions happening outside your car. Accidents, construction, emergency vehicles, pedestrians, even sign twirlers can be a cause of motor vehicle accidents. Even “rubbernecking” near the scene of crash can double your chance of being in an accident yourself. However, a growing trend here in Orange County has got two cities proposing banning those obnoxious sign twirlers.
Two cities here in Orange County, Santa Ana and Orange, are considering permit limits to the businesses that use sign twirlers. Currently there are no regulations to advertising in this manner. The main concern cited by the city attorneys are the distraction to drivers and annoyances to pedestrians. However, there are serious concerns for driver safety and these cities are investigating their options.

Finally, it is easier said than done, but we as drivers do need to limit the amount of distractions that we have control over; drowsiness, loud music, cell phone use, eating and passenger attention. A little advance planning in our driving schedule could possibly avoid a serious accident.

Move over lead, pesticides and asbestos, there’s presently some new chemicals that just might be poisoning your baby or toddler today. Bisphenol A and phthalates are just two new chemical substances that have been known to cause developmental and reproductive problems in children.

California is on the leading edge of limiting children’s exposure to these two chemicals from manufacturing standards, but as we all know, much of the manufacturing market is now performed outside the country. It will take informed, educated consumers to stop the flow of cheap toxic baby products and quite possibly, potential personal injury to our children.

So how prevalent are these chemicals in our society? Well, phthalates are “plasticizers” which means that it is an additive to make plastic more flexible. Pacifiers, teethers, rattles, baby bottles, cleaning products, plastic wrap, just to name a few. The biggest problem is that the chemical bonds are not that strong, so when items like bottles are heated in the microwave or dishwasher, toxins are leached out into the bottles’ contents or directly onto the skin.

Bisphenol A is added to plastic to make it both clear and shatterproof. Progress is sometimes a double-edged sword. Toys, food containers, plates, cups—all of these products are there to make our lives a little easier, but as we are now finding out, there is a price to convenience.
Both of these chemicals are not only proven carcinogens, but they are chemicals that obstruct normal growth and development and interfere with hormonal effects as well. Moreover, the National Institutes of Health has concluded that bisphenol A does not only have adverse effects on child development but on neural effects on infants and children. Scientists agree that these chemicals have some impact on humans, especially young babies and toddlers, but they disagree how much is too much. The answer is basically we don’t know at this point. However, the American Academy of Pediatrics is warning parents to purchase baby products without these two additives.

Here are a few parental safety tips:
· Look for “phthalate” and “bisphenol A” free baby bottles or use glass bottles
· Use powdered formula instead of cans that may be lined with plastic containing these chemicals
· Avoid plastic containers that have the identification “7” inside the recycling symbol on the label. This usually means that it can leach BPA. Look for plastics marked “1” or “plastic #1” instead.
· Look for natural baby wipes, shampoos, powders and lotions. However, be aware that the FDA does not require manufacturers to put phthalate ingredients on their labels.
· Look for wood or cloth toys rather than plastic.
· Limit your child’s exposure to indoor toxins
· Use natural cleaning products, wherever possible.
.
This year parents and consumer groups have been lobbying congress to repair the broken safety net known as the Consumer Product Safety Commission. Ideally, this group is there to warn us of potential safety hazards. Finally in March 2008, the Senate passed a comprehensive CPSC proposal to fund a publicly accessible database to help parents and other consumers to identify toxic toys, poisonous plastic products, and many of the over 9 million recalled products. In addition, there will be alternative product options for more healthy choices as well.

Lastly, the bill will give the CPSC recall authority; initiate a toy safety standard, include a phthalate ban, and provide greater civil and criminal penalties for manufacturers who violate the laws.

Orange County, California has some of highest gas prices in the nation. At last check, we were creeping closer to the $4.40 a gallon mark. These higher prices can really dig into any family’s budget. Car buyers are now becoming more conscious of three magic letters, MPG. Yes, SUV owners are now questioning why they need a car that gets 10mpg. Primary concern, of course is safety and the vehicle’s crash tests. Larger automobiles will always “win” in any accident that involves a collision and personal injury. However, a new car has just come onto the market from Europe that just might change the way we think about safety and small cars.

It’s small and it’s called the Smart For Two; only 108 inches long, 62 inches wide, and 61 inches tall. In other words, it’s a small box with four wheels, 70hp engine, and performance that delivers 0-60 in 12 seconds. Size does become somewhat of an issue if you want to take along more than one friend, but then again, how many times to do you see one person in a car on an Orange County freeway? It just might be a great commuter car with a rating of 40 MPG.

The Insurance Institute for Highway Safety, IIHS, released its safety report last week and gave the Smart For Two a top marks for both side and front crash tests. It received 5 stars for driver frontal impact but only 3 stars for the passenger. The two main reasons that it did not get a “top safety pick” are that the car is the smallest one they have ever tested. The institute really doesn’t have an appropriate category for this size of car and it doesn’t have good whiplash protection. For a small car, though, Daimler Corporation of Germany really has engineered many safety features only larger cars have.

One reason this car does so well in crash tests is its safety system called the tridion safety cell. The high stress areas are made from steel and during a crash, the energy is redistributed to protect the occupants from major personal injury. Four airbags; two frontal and two side also protect passengers from injury as well and the collapsible steering column is there to protect your head and thorax. They all come as standard equipment.

Other safety features include, ABS brakes which will prevent skidding on all types of surfaces. In addition, the Electronic Stability Program, which integrates the throttle and brake system to prevent over braking and swerving maneuvers. This new small car is packed full of new safety features to protect you from serious injury.

Sadly, with all of its safety features, some insurance companies won’t insure this automobile. They conclude that the category is just too small and they don’t have any type of historical safety data on this new type of car. So if you chose to purchase this type of vehicle, shop insurance before you shop for your car to be sure you have coverage.

As energy costs skyrocket, Americans will eventually be attracted to smaller automobiles. But if you just can’t separate yourself from your gas guzzling SUV, check out www.gasbuddy.com for the cheapest fuel in your area.

We lead busy lives here in Orange County. But a disturbing trend is developing here in California that is tarnishing our otherwise good reputation of being a compassionate community. We are now known for the highest rate of hit and run fatalities in the country—around 8%--twice the national average! On average, there are approximately 700,000 hit and run accidents in the United States each year. California does have the largest population and car ownership, and also the most unlicensed and uninsured drivers.

A typical example that occurred just this week when a 9 year old Los Angeles boy was killed when he was walking with his family as they were coming home from a party. The driver, driving at such a high rate of speed; never stopped to help and quite possibly, even was so oblivious that he did not know what was happening.

Hit and run accidents can range from the typical dents in your car in a parking lot, to leaving the scene of an accident involving a pedestrian, bicyclist or automobile. Whatever the scenario, these are growing trends that can be your worst nightmare if you are involved in one of these accidents. Innocent parties usually become the victims twice; the first in the accident, and then, although innocent, must pay for the other driver’s irresponsibility. Even though most responsible driver’s carry some form of liability insurance, the state ordered minimum insurance policy only covers the costs of damage that you may inflict on another driver in an automobile accident. This will not cover the damage to you or your vehicle. It’s probably a good idea to check with your insurance carrier to make sure you have the best coverage possible, including adding uninsured motorist and additional medical coverage.

An investigation done by a California newspaper concludes that over 50% of hit and run drivers have suspended, revoked or expired licenses or no license to begin with. Other reasons include driver impairment by drugs or alcohol, distractions, street racing, auto theft, or just aggressive road rage-type driving. This is a huge problem in California; specifically in Orange County and surrounding counties in Southern California. If you have sustained personal injury due to the negligence of a hit and run driver, don’t hesitate to call an experienced personal injury attorney. A good attorney will always assist you through the insurance procedure and inform you of your rights.

Just to recap, if you are a California driver involved in an accident, whether there were injuries or not, you are required by law to stop and exchange information with the other driver. If someone has sustained an injury, the driver has a duty to stay and give reasonable assistance to the injured. Depending on the seriousness of the accident, law enforcement can charge the hit and run driver with either a misdemeanor or a felony, depending on the extent of the damage and injuries.

Remember to drive defensively and stay alert and if the unthinkable happens, always stop and investigate.

When the temperature rises in Orange County and throughout Southern California this summer, kids want to keep cool. And to be “cool” they head to the local water parks. However, parents should be aware, even though there are life guards on duty; children are still at risk for possible injuries. Falls, entrapments, crashes, back injuries, drowning, including secondary drowning are sometimes possible.

Wave pools are by far the most popular feature at any water park and as one might expect, where the majority of accidents occurs. These pools are usually the size of football fields, and when they turn the “waves” on, it’s like being at the ocean. Although there are normally 6 or 7 lifeguards standing by, accidents do happen if you are crushed between floating devices or you slip for some reason or lose your life vest.

Several recent family drowning accidents here in California water parks have inspired new state legislation on water safety. It’s called the Wave Pool Safety Act or SB 107 and its primary goal is to save children’s lives and create uniform safety standards throughout California’s water parks. It is expected to be signed into law this year.

SB 107 requires no one less than 48 inches to be allowed inside the wave pool area. All participants over that height requirement must have a personal flotation device such as life vest on. In addition the lifeguards must adhere to the 10-20 rules, which states that they must identify a child in trouble within 10 seconds and assist with help within 20 seconds. Lifeguard training is also being improved. (In all previous drowning episodes lifeguards have been present).
Next to wave pools, waterslides are the next accident prone areas of a water park. Collisions on a waterslide can inflict serious personal injury. Because of the nature of the slide; high rate of speed, slip and sliding, one must always take care to observe the safety rules. Be sure to review safety rules with your children before letting your children ride these slides alone. Obey operators’ rules of entering and exiting these types of rides to stay safe.

Lastly, a syndrome called, “secondary drowning” occurs in about 5% of near-drowning experiences, and these cases occur more frequently during the summer months. A recent incident occurred last weekend when a 10 year old boy swallowed some water while swimming in a public pool. When he got home, he told his mother he was tired and wanted to take a nap. When someone checked on him an hour later, he was having trouble breathing and they rushed him to the emergency room where he later died of secondary drowning. This syndrome can occur up to 72 hours after exposure to pool water without any known symptoms.

Experts agree that if your child has swallowed enough pool water to start choking, look for outward symptoms such as breathing problems, coughing or a raspy throat. These could be signs of injury to the lungs and should be checked out.
For additional summer safety advice for both kids and parents, visit www.saferparks.org/ .

As Memorial Day weekend came and went and therefore the start to summer vacation season, millions of children of all ages are eagerly awaiting visits to carnivals, amusement and water parks. But for one child, Kaitlyn Lassiter, she will be speaking out against amusement park safety with Massachusetts’s congressman, Edward Markey. Tragically last year Kaitlin’s feet were severed on an amusement park ride. She will for obvious reasons never be the same but she is campaigning for better safety standards.

Congressman Markey has proposed bill, H.R. 2320, The National Amusement Park Ride Safety Act. If passed, this new law would close a huge loophole that allows federal safety oversight in a majority of the country’s major theme parks. 71% of customers who visit America’s top ten amusement parks—62 million—are riding on unregulated rides. Basically what this means for you as a consumer is that there are no government ride inspections or investigations of serious accidents or death.

Here in California we are one of only 27 states that have some safety regulations and ride inspections. The California Division of Occupational Safety and Health (DOSH) regulates the installation, maintenance, operation use and inspection of all permanent amusement park rides. A new bill, SB 783 that will take effect January 1, 2009 will require stricter reporting to DOSH as well as park owners to have $1 million dollars of liability insurance coverage per occurrence, up from the current standard of $500,000.

According to the Consumer Product Safety Commission figures, amusement park serious injuries have doubled over the ten years. Approximately 100,000 people were treated in emergency rooms for amusement park injuries. This includes water slides as well. It’s not surprising that half of all injuries and ¾ of all falls and ejections involve children under the age of 13.

Young children have the highest risk for personal injury during theme park rides. Why? Many of the bracing point and restraints systems on the rides were designed originally for adults, not children. This leaves smaller children vulnerable to falls or traumatic ejections. These parks are not held to the same standards such as vehicles or other forms of transportation.
We seem to be in a catch 22 situation; this industry counts on parent to protect their kids and parents depend on industry to design safe rides. So how can we protect our children and have a worry free summer vacation? A group that educates the public in keeping all persons safe on amusement rides is www.safeparks.org/.

Here are a few simple safety tips for parents:
· Explain to your children the importance of safety instruction when they enter and leave a ride. They just look at fast roller coasters and twirling around as fun, but there are some safety measures to understand.
· Obey height and weight minimums and maximums. The park isn’t trying to punish younger children but they do care about safety. Talk to your children about the consequences of bad behavior.
· Point out safety features such as seatbelts, lap bars, grab bars, and warning signs. Explain how the safety equipment works, and what its purpose is. Parents should pay close attention to rides that use a single lap bar for multiple riders, as this presents a special hazard to young children. Single lap bars are designed to fit closely against only the largest passenger in the car, leaving smaller riders unprotected.

California is ranked number one for several reasons; beautiful coastlines and beaches, but being known for the highest rate of identity theft victims is not really what we as residents take pride in. In addition, some counties such as Orange, Riverside and San Bernardino counties have had the highest growth rate of identity fraud. An identity is stolen in United States every 4 seconds, and now over 10 million people have been affected by this crime.

Identity theft is essentially a white collar crime. However, even though there is no outward bodily injury, there is definitely emotional trauma and it takes, in some cases, years to get your life back on track. The average victim spends an average of 600 hours recovering from this crime and spends an additional $8,000 to resolve their nightmare.

Since 2005 when LifeLock emerged on the business scene, the public at large felt that they finally had a company that could really fight this uphill battle with and be on their side. LifeLock’s services included fraud alert protection, one million dollars insurance against any future theft and no junk mail. Unfortunately in a bizarre twist of fate, LifeLock is not only being sued in several states for fraud, the deceptive advertising practices are now being scrutinized.
Experts agree that the over one million LifeLock subscribers, paying $10 per month, are paying for what essentially they could get for free. Fraud alert protection is provided free to every consumer, thanks to the Fair Reporting Credit Act, FCRA. This act states that any consumer can contact any of the three credit reporting agencies; Experian, Equifax and Trans Union and get a free report and fraud protection for up to 3 months. Renewing for free is also available.
Several states are proceeding with class action lawsuits against LifeLock. Specifically, they are seeking damages for misleading subscribers and enticing them into a false sense of security and safety net. Also in question is the one million dollar insurance policy against any losses sustained as a result of identity theft. After reading through a lot of fine print, in reality, LifeLock will only investigate how to fix the issue with third party organizations, but no financial reimbursement will be met and there is no guarantee of restored good credit. These are the prime reasons people subscribed In the first place!

If you have been defrauded by a company or person, don’t hesitate to contact a good personal attorney.

As always, to protect yourself from identify theft, use good common sense and follow some of these basic guidelines recommended by the FTC, Federal Trade Commission:
· Order your free credit report every year directly from the 3 credit reporting agencies, Trans Union, Experian and Equifax. California can receive one free report a year.
· Place a fraud alert on your account and you will have an additional layer of protection
· Never carry your social security in your wallet and never give your number to anyone, except in an absolute need-to-know basis.
· When buying products online, look for the “locked padlock” on the page (usually on the browser line). Be sure the page is secure before you put your credit card number on it.
· Store personal information in a safe place. If you chose to dispose of it, always shred all personal and financial records.
· Check your bank and credit cards statements closely for mistakes. Often time’s criminals will start with small expenses that may go unnoticed.
· Get a lock on your mailbox. This is an easy target for criminals to access your personal information.
For more helpful tips on how to avoid being a victim, visit www.ftc.gov