Southern California Injury Law Blog

Recent news reports and a blog in Thecaliforniainjurylawyer.com are critical of a delayed recall of robes by a company. After nine deaths and several burn injuries, Blair LLC has voluntarily recalled their full-length chenille robes and other chenille products due to their flammability problems.

All nine deaths occurred before the April 2009 recall but since then other injuries have taken place. Effective immediately, the U.S. Consumer Product Safety Commission (CPSC) is advising women to discontinue wearing these dangerously flammable garments.

All nine women who died were cooking with their robes on when they suddenly caught fire. The fire spreads so quickly that the victims never have a chance to remove the garments.
Burn injuries are among some of the most painful injuries to endure. In addition to the deaths there has been many moderate to severe burn injuries.

Blair products are mainly sold online and in catalogs, but they have a few stores as well. The recalled items include the chenille jacket, robe, lounge jacket and several tops. If you have purchased any of these products, return them to Blair to receive a $50 gift card for store credit.
For further information you can visit the CPSC’s website at www.cpsc.gov.

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I have recently written on the number of examples where tort reform has not worked. Workers compensation is a failure, as workers have no right to sue their employers for negligence. Health insurance companies, operating under ERISA laws deny coverage wrongfully, and often, and have no legal recourse. In none of these examples has there been a fair treatment of those injured due to the negligence of another. Instead there has been a compromise of their rights, allegedly for the sake of society.

One frequent argument proposed for tort reform is that a less expensive and more effective method of controlling negligence is through government supervision and regulation. Nothing could be further than the truth as evidenced by the recent Los Angeles Times article on October 21, 2009 investigating Cal OSHA penalties for employer negligence. I invite your review of this article personally becasue I believe it deserves a Pulitzer for fair and in depth investigative reporting by Jessica Garrison.

An employer, Bimbo bakeries in California, had six amputations and a fractured hand at the workplace between 2003 and 2006. Cal OSHA investigated each of these violations, determined them to be caused by a serious failure to abide by safety regulations, maintain guards on equipment and operate the factory safely. Investigators levied fines anywhere from $2000-$21,000. However, the article pointed out that the Cal OSHA appeals boards waived almost all of the fines assessed and levied against this particular employer, not because they found the investigations without merit, but according to Candice Traeger, chairman of the appeals board, a backlog of cases drew a federal complaint causing the board to settle thousands of cases for pennies on the dollar.

Did the employer learned lessons through the efforts of governmental oversight? I doubt it given the first fine in July of 2003 of $21,750 was waived for an amputation; the second amputation in October 2004 generated a fine of $22,500 and was reduced to $5000 and so on. The employer effectively pawned its responsibility off on workers compensation insurance, a system you and I have to support in part through the State Compensation Insurance Fund, with tax dollars. This employer will continue to operate in callous disregard for its employees’ safety.

Recognize that each worker is only paid a limited portion of their damages: only a small portion of their lost wages, medical bills as authorized by the employer, and a permanent disability rating far less than a jury award typically provides for loss of limb. They will however have to live with the amputation, limitations, embarrassment and disfigurement for the balance of their life.

Tort reform simply does not work, and limitations on damages payable to the victim are unjustified. Instead we should be asking these companies why they are refusing to act responsibly, and how much in punitive damages should they have to pay until they do.

I can assure you that as a California personal injury attorney, if I were not precluded from bringing suit, each of you as jurors, listening to testimony arising from six different amputations would feel not only comfortable but compelled to award compensation damages to the most recent victim and punitive damages to punish the company for its conduct. You have taken that capability from attorneys and given it to Cal OSHA in the hopes that effective oversight is enforced.

As you can see, your government is only as effective as the money you give to them, and I am not clear why my taxes should be used to enforce laws that a company should be observing on their own. Make these companies pay for their own errors and they will either comply or go out of business. If the latter option is chosen, more responsible employers will populate the bakery field and responsibly save death and injury to countless victims.

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Posted In: Construction Accidents , Injuries , Insurance Disputes , Product Liability

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Aqua-Leisure Industries has voluntarily recalled it baby float products upon immediate recommendation from the U.S. Consumer Product Safety Commission. Several baby floats have been found to have seats and straps that tear, causing babies and small children to fall into or under the water. There have been 31 incidents to date and fortunately no deaths. Float devices include the names, “Deluxe Baby Boat”, “Baby and Me Combo”, and many animal-shaped flotation devices. For a full list of products and corresponding pictures, please visit www.cpsc.gov.

The flotation products were sold at stores such as Target, Toys “R” Us, Wal-Mart, Dollar, Ace Hardware and Walgreen’s from December 2002 through June 2009. Although the recall does not include all of Aqua-Leisure’s products, it’s a good idea to inspect any flotation device when it comes to the safety of your children in a pool or lake. These straps can break without warning and create a major risk of drowning.

If you know someone who has been injured in an accident through a product defect, you need to speak with a California personal injury attorney before the statute of limitations has expired. Allen, Flatt, Ballidis and Leslie have served the community of Orange County since 1974. Call us at 1 888 752-7474 anytime for a free consultation..

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Cell phones produce heat, as anyone who has been on the phone can attest, after a few minutes. Heat has been known to cause destruction of cell membranes and was thought to increase the possibility of brain tumors. However, less visible is the electromagnetic radiation from a cell phone. There has been wide speculation that this radiation may also cause injury to the brain and or several types of cancer. In a call to action, many studies were orchestrated over the last 8 years and, like global warming and the debate about tobacco in the 60's, it is not surprising that there is disagreement.

A number of Independent studies have concluded there is a higher risk of brain cancer in users of cell phones, particularly in young users less than 18 years of age and in those that use a phone for more than 10 years. Some studies have estimated the risk as high as 240%. Now do I have your attention. Cell phone industry sponsored studies have naturally declared such conclusions groundless. Who is right!

As a California personal injury attorney of 25 years, I have seen the willingness of large industry to slant the truth about safety for profit. Tobacco was the recent Goliath to fall, but car manufacturers, crib manufacturers, and a slew of other products I have written about over the last few years, demonstrates that manufacturer studies are not to be trusted as reliable.

In response to growing global fear the increased risk of cancer might be true, a huge undertaking was initiated to do a global, multiple country assessment of these risks. Four years ago the data was finally compiled, but to date, no report has been issued. It is suspected that the researchers have significant disagreement about the results and conclusions to publish. It would be silly to think politics and economic influences are not also in play in such a serious and large effort.

A group of researchers has now come out with a report, "Cell Phones And Brain Tumors. 15 Reasons For Concern." In this report, they point to the lack of conclusions in the most recent global phone study as evidence of concern, refute many corporate studies with other study comparisons and give 15 grounds for you and I to be concerned about cell phone use and brain tumors. I would recommend you read the report yourself, and see if you are not persuaded cancer from cell phone use is a real and dangerous concern. Just the list of researchers that support the paper is worth a look, and comprises 45 scientists and 7 organizations from many countries.

Cell phone use is like smoking of the 60's, everyone was dong it, and we relied on the government and big business to protect us. This may simply not be a viable in this age. I am thinking for myself and I encourage you to do the same.

Oh and by the way, if you are thinking this might be a great lawsuit next week if you develop brain cancer, think again. The laws in federal court require that at least there be an accepted scientific community consensus that your cancer was caused by phone radiation. We do not have that consencus now, and the skeptic in me supposes that the cell phone industry would like to keep it that way for many years to come.

James Ballidis is a California personal products liability attorney in Newport Beach California.

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Two people have died due to sudden and unexpected acceleration of their 2005 Toyota Camary. The National Transportation and Safety Board still maintains that there is no problem with the car. Let me tell you the facts as reported by the police departments that investigated the accidents. You can probably see that a defect exist, why can't the NTSB?

Anne Ezal was going to lunch at the Pelican Point Restaurant in Pismo Beach,California. The restaurant parking lot was downhill of the restaurant. After travelling down the hill and coming to a stop in a parking spot at the bottom of the parking lot hill, the Camary suddenly
accelerated, jumped a curb, went through a fence, negotiated a dirt extension of the lot and then tumbled over the bluff, a feature of the restaurant views. There was no reason to accelerate after pulling into the parking spot and coming to a stop. The vehicle
fell 70 feet killing the driver. There was no explanation why the car suddenly accelerated, and why it kept accelerating though the entire distance traveled before careening over the cliff. The passenger witness said that the driver was doing everything she could to stop the car while approaching the cliff.

In Oklahoma later in 2007, Jean Bookout and her friend Barbara Schwarz were exiting a Highway ramp in Oklahoma. She was also driving a 2005 Camry. The car suddenly accelerated, and to try to stop the car, the driver put on the emergency brake, leaving 100 feet of skid with one tire alone. The vehicle would not stop and the car ran into an embankment with huge force, causing the wrongful death of the passenger and severely injuring the driver.

Someone needs to wake up at the NTSB. While an investigation was conducted that inspected the cars, nothing was found. For a thorough analysis of the investigation, see this article in The Safety Record, by Safety Record and Strategies Inc. Isn't the purpose of the NTSB to protect us from faulty cars. More than a cursory investigation is needed where evidence so clearly points to a problem when these cars are going off the road. In the mean time, buy a 2005 Camary at your own risk.

Allen, Flatt, Ballidis & Leslie is a personal injury and accident law firm located in southern California. James Ballidis has been with the firm for 25 years in the capacity as senior trial attorney.

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Posted In: Car Accidents , Firm News , Injuries , Product Liability , Truck Accidents

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Everyone knows that if a company files bankruptcy, they get out of many debts. Personal innjury due to defective car manufacturing is such a debt. If there is not enough cash or assets to pay off all debt, then injured victims are the last to get paid.

Unfortunately, this seems backwards. Companies that are owed money get paid first, as long as they have a lien or secured interest. the government gets paid and even the workers get paid. After the dust settles, the victims, through no negligence of their own, get left holding the bag. when the injuries are serious by the way, there is rarely enough insurance and so the public pays for the victim' medical and health care for the rest of their life.

You can change this, at least with the GM non-sense. Gm will not assume liability for already pending claims, unless you voice an opinion. Please contact your congressional members and urge that they sign to Jeremy Warrimer Consumer Protection Act. The bill makes automakers retain their insurance for liability claims for any defective products made by them. Call or write today!

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Family members of victims from the crashed Continental Connection Flight 3407 sat horrified listening to cockpit voice recorders of the two pilots before the plane went down in Buffalo, New York in early February. Both pilots were yawning, talking about how that they felt uncomfortable flying in icy weather and how little they had slept in the last 24 hours. This is not the type of conversation that exudes confidence while flying in cold, icy conditions.

In addition, while the in-flight emergency is quickly happening, the captain makes a deadly decision—pulling up instead of bringing the nose down while the plane was stalling. It was later confirmed by Colgan air, owners of the commuter jet that the captain had never been trained on this type of “stick pusher” in the simulator, and had in fact never been fully trained in emergency procedures.

The Federal Aviation Administration is now looking into allegations of over pilot scheduling, fatigue, training issues and lapses of discipline in the cockpit.

Pilot error may have contributed to this injury and victims should seek advice from a competent attorney in aviation law. James Ballidis is an attorney practicing in personal injury law in Orange County California, but our office does not do aviation lawsuits. For a referral however, feel free to call us at 1 888 752-7474.personal injury attorney immediately to know your rights.

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The ailing car maker, General Motors, has had severe financial problems recently and now nearly 1.5 million cars are being recalled on fears of engine fires, and potentially serious injuries.

According to the National Highway Traffic Safety Administration or NHSTA, GM automobiles that were built between 1997 to 2003; models Regal, Impala, Lumina, Monte Carlo, Intrigue and Grand Prix are all affected. These cars all have a 3.8 liter, V6 naturally aspirated (non-turbo) engine.

In some cases of hard braking, drops of engine oil can sometimes drop down on the exhaust manifold and start a small fire. If left unchecked, the fire can easily spread into a major engine fire which could cause the occupants of the vehicle serious personal injuries.

If your car is one that has unfortunately been recalled, see your local GM dealer for explanations and repairs. If you have been injured in a car fire caused by a faulty manufactured part, you have a claim for product liability. Contact an attorney that handles product liability cases. Anyone that is hurt becasue of the conduct of another, feel free to consult with a personal injury attorney for free. We can help guide you through the maze of difficulty.

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Several injuries to children have led to two separate high chair recalls by the Consumer Product Safety Commission (CSPC) in the last month. The first brand is the Fischer- Price, 3-1 high chair that was sold in Target stores from December 2008 to March 2009. This model poses possible traumatic brain injury risk to young children. In one case the child fell backwards when the seatback detached unexpectedly and fractured the child’s skull.

The second brand is the Evenflo Majestic high chair. These chairs were sold to nationwide retailers Babies ‘R’ Us, Toys ‘R’ Us, Walmart.com and Burlington Coat Factory. This chair has had several moderate to serious injuries reported by not only falling incidences but choking hazards as well.

For a full list of model numbers and brands you can visit the CPSC’s website at www.cpsc.gov.

If your child has experienced a high chair/ baby products personal injury or accident from a dangerous product contact an Orange County personal injury attorney immediately to review your case and find out your rights.

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As some of you know, I am frequently writing about dangerous roads, and Oak Canyon Road in Trabuco Canyon is one of them. But tthe roadway does not seem to be playing a part in this accident.

Just two weeks after the fatal car accident that left two teens dead in Trabuco Canyon’s Oak Canyon Road, another accident left three people with serious personal injuries. Dureti Bishop was the most seriously injured person and she needed to be flown via helicopter to Mission Hospital. She was the passenger in a Yellow Cab mini-van being driven by Bunny Deuk of Long Beach. Deuk was also seriously injured as was the truck driver that was involved in the crash.

Orange County authorities are currently investigating this accident but witnesses said that the Yellow Cab was not speeding but was weaving back and forth on the road. The mini-van eventually clipped the front-left side of the truck and it was pushed into a ditch and caught fire. A local Park Ranger needed to break the windows of the taxi to rescue the driver and passenger.

In cases like this and other serious auto accidents, it is important to have someone who is an expert in personal injury law on your side. Call the experts at Allen, Flatt, Ballidis and Leslie who are experienced Orange County personal injury attorneys.

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Posted In: Car Accidents , Construction Accidents , Injuries , Product Liability , Truck Accidents

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The recent tragic accident of a small plane flying from Catalina Island to John Wayne’s Orange County Airport highlights a series of errors that led to the deaths of three people; a couple and the pilot.

The couple was vacationing at a prominent hotel in Orange County and one day they decide they wanted to visit Catalina, a small island off the OC coast. They arranged for a local agency, SkyBlue USA to fly them to Catalina. The owner and pilot was identified as Mark Hogland. Mark Hogland may have only had a private pilot’s license, not a commercial one that is required to fly people for hire.

Catalina Island has had several plane accidents in the past 5 years and 10 deaths. It is a difficult airport to take-off and land on because it has no air traffic controllers and it has a short runway with steep cliffs on both sides. Additionally, the plane took off in poor weather and near sunset which would have made the take-off even more treacherous.

California Personal injury attorneys for the couples' family are questioning the accident cause, and how an air tour business could be in business without proper licensing. Three people lost their lives unnecessarily that day. Can such tragedy be prevented? Later reports will be updated when they are received.

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Nordstrom retail stores all across Orange County and nationwide are recalling various girls’ shoes due to excessive lead paint according to the U.S. Consumer Product Safety Commission.

All the shoes were manufactured in China and violate the federal lead paint standard for shoes. The shoes were sold in stores from September 2006 through February 2009 for between $35 and $45.

The recall includes six styles of Nordstrom-brand shoes for girls. “Clarice-Fab” flats are bone colored with a bow. “Eva-Fab” are bone colored T-strap sandals. “Fern-Fab” are ankle strap sandals sold in bone, pink, white, blue polka-dot or pink polka-dot. “Lilly-Fab” are fuchsia gingham ballerina flats with a bow. “Rita-Fab” are ankle strap dress shoes sold in ivory linen, pink linen, white linen, cafe satin, silver satin or white satin. “Vivi-Fab” are open-toe dress shoes in bone, white, green polka-dot, lavender polka-dot or yellow polka-dot. The shoes were sold in girls’ sizes 10 through big-kids 7. All shoes have an embossed “NORDSTROM” printed on the insole. Only the colors identified above are subject to the recall.

Although no injuries have yet been reported, lead poisoning in children is very subtle and can be masked by behavior disorders, learning disabilities, hyperactivity and attention deficit disorder.

If you have any of these recalled shoes, take them back to your nearest store for a full refund. If you think your child has sustained any personal injury from these shoes, contact an experienced personal injury attorney immediately.

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Two people were killed and two were seriously injured when a huge blast rocked a business in Rancho Santa Margarita last week in Orange County. The explosion shook the industrial area of this otherwise quiet city overnight. Luckily for those injured, the fire department was directly across the street and they sprang into action immediately to treat the seriously injured workers.

Although the blast is still under investigation, department officials believe that a huge water heater exploded in the rear of the building. The blast was so strong it damaged the outer façade of the building and pushed equipment into the walls of the structure. When the fire fighters ran into the structure, they found two dead night shift workers. Two other workers with serious injuries were transported to Mission Hospital in Mission Viejo and the remaining two workers refused treatment.

The Orange County Fire Authority‘s Hazmat team will be investigating this blast until all questions are answered. Was there a defect in this water heater? Was it installed improperly? If you’re been seriously injured by a defective product, remember to contact an experienced California personal injury attorney early so we can do our own independent investigation with the best experts available.

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The tragic, untimely death of actress Natasha Richardson highlights the many facets of traumatic head injuries. Minor bumps to the head, as in this case initially cause no pain and the person feels fine. However, in this case, a seemingly slight injury turned serious rather quickly, and at that point, nothing could be done for her.

After Ms. Richardson fell while taking a lesson at Mont Tremblant ski resort, paramedics were called in by the ski patrol. They were turned away and never saw the patient due to the fact that Natasha was feeling fine, walking around and was in no pain. After an hour or so of resting in her hotel room, she started to get dizzy and have a headache and that’s when the hotel summoned an ambulance and she was transported to the nearby hospital.

Experts believe that Ms. Richardson suffered from “Talk and Die” syndrome. This is when a minor head injury initially seems o.k. and the patient is feeling fine, but during this time, bleeding is occurring between the skull and the brain. Rapidly, the pressure becomes too great and brain death occurs. This series of events can occur between one hour to several hours after a car or truck accident and other traumas to the head.

While this case does not warrant any investigation because the injury was caused during a sporting effort without apparent negligence, it is very important to have a California personal injury attorney who specializes in wrongful death on your side after any auto accident. They will make sure you get proper medical treatment and the settlement you deserve.

Please feel free to call us for a free consultation at 1 888 752-7474. If we cannot help you, many times we can refer you to another attorney who can. Call if you need help.

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Posted In: Bicycle accidents , Car Accidents , Injuries , Product Liability

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The US Consumer Product Safety Commission has begun an investigation into strangulation by mesh netting placed over cribs, ‘to keep toddlers safe.” Apparently, more than 10 deaths have been reported, due to strangulation, entanglement or inverting the canopy according to recent investigations. Many more injuries, some quite severe, have also been reported.

Parents are depending upon manufacturers to develop products that are safe for our children. Unfortunately, there is little governance in this area and companies that do manufacture the products may not have even conducted one safety study. As California product liability personal injury attorneys, our experience with such manufacturers is that little or no research is conducted before design and manufacture of such products.

Therefore it is important to read about the products and research complaints about them yourself. The internet is a good source of information, as is the US consumer Product Safety web site. Many blogs exist about products offered in the market place and there are opportunities to read personal experiences about specific names of products. Also read the literature about the product before purchasing it, to make sure the company outlines the safety studies they have conducted.

Naturally if you have suffered from such a tragedy in California, you should have a California product liability and personal injury attorney investigate the company, the product and its safety record. Call us for a confidential and free discussion on your incident at 1 888 752-7474 or email us at contactus@allenflatt.com.

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How often have you signed up for a gym membership, signing assumption of risk and waiver of liability forms without reading them. What would you do even if you did read them. Would you really not join a gym if it simply said that you assumed all of the risks that were known and unknown at the time of the signing of the document?

The law of assumption of the risk in California has been morphing into a very strict application as against the consumer. Several well-known cases have demonstrated a continued restriction on the ability of a person to file a lawsuit against the company if they have signed an assumption of the risk document. The most bizarre of these examples was a case involving a television set mounted improperly on the wall of a gym. As the patron was walking by, the television set fell on him causing him significant injury. Because he had signed a waiver and assumption of liability risk form with this well-known Gym, the court concluded that he'd waived his right to bring a lawsuit. I doubt any of you would have anticipated and injury from poor installation of a television, and when it fell on your head causing serious injuries as you are walking by, you would agree i when you signed assumption of risk documents, that you would not sue. In fact you probably would assume that the facility is under obligation to make it safe for your use.

There are several excellent defenses to assumption of the risk but they are hard to enforce. It takes a very skilled personal injury attorney to advocate waiver of assumption of the risk. In several high-profile cases that this office has handled over the years, we have been successful in avoiding assumption the risk claims. There are several keys to unlock challenges to signed assumption the risk forms

1. Inspect carefully the release and assumption of risk document to determine whether it is too vague, too broad, or does not comply with the language consistent with cases on the subject

2. Make sure that the defendant can produce the actual signed copy of the assumption of the risk document. We have found that there are numerous occasions where there is a subsequent record of the signing of such a document, but the original document cannot be produced.

3. Make sure that the assumption of risk document was signed by the actual client who was injured. In a gym membership for instance, a spouse who signs up both spouses may be precluded from bringing in action, but the non-signing spouse may still have rights.

In a recent case of Kindrich v Long Beach Yacht Club 167 Cal App 4th1252, a man was injured when disembarking a boat, causing his broken leg. The lower court held that this man could not sue, because he had executed an assumption of the risk document, and was precluded from being bringing an action. However on appeal,, the Court reversed advising that the injuries were actually due to something other than sports and sporting activities, therefore the traditional rules of assumption of the risk would be applicable, and are far less severe than gym membership cases such as the one that was noted above.

If you have a personal injury case and you've signed an assumption of the risk document, consult a personal injury attorney immediately to advance your cause. Don't give any statements to the other side until you've consulted with this attorney, to ensure that all of your rights are protected. As always feel free to contact our a truck or personal injury attorney for a free consultation at 1888 752 7474.

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Many clients ask us how we maximize the results in our settlement and trial of cases. To be an effective advocate, it not only takes a thorough investigation into how an accident occurs, but also the ability to simplify, but with detail, the nature of injuries that have been sustained. As an Orange County accident attorney, we have on numerous occasions had to present complex injuries in a believable and understandable way to Orange County juries.

Take the example of a client that had sustained a serious complication to a simple surgery called reflex sympathetic dystrophy. This disease affects the autonomic nervous system and in the case of our client, caused her hand to turn blue and loose blood flow. This is not a disease that a typical juror may have come across in their lifetime. Therefore it is important to take the time to describe the specific injury, and what causes that injury, before you attempt to present your case value.

Taking the time to explain the cause of reflex sympathetic dystrophy took more than 3 1/2 hours of expert testimony. But, even before the jury had heard from the expert, a competent accident attorney will make sure, in opening statement, that jurors were very familiar with the causes and complications of the disease. New attorneys are sometimes afraid to discuss evidence to be submitted, because either they do not understand it, rely too heavily on the expert or simply want to avoid an objection. However, it is important for that accident attorney to have developed a working knowledge with the expert, so that it can be presented properly.

As an Orange County accident attorney for over 24 years, I have found that the more time that is taken to explain injury, the details of her surgery, the nature of the disability, and expertise required to correct the problem, the more likely the jury will award a significant settlement amount. But more to the point, many Orange County accident attorneys assume that insurance company adjusters understand the complications of injury and the need for surgery. I have seen demand letters from other attorneys that do not go to the necessary detail to explain the type of injuries sustained and why this injury caused extraordinary pain, disability or subsequent complications. Many demand letters I have reviewed don't address future medical expenses likely to be incurred, or the complications associated with arthritic changes. I have even seen demand letters where a complicated cervical fusion procedure has been described in one sentence, as if the insurance adjuster understands what was done by simply mentioning cervical surgery. This is the sign of an inexperienced accident attorney and one that does little in their practice as a personal injury attorney.

A qualified Orange County motorcycle accident attorney will take the time to know your case, understand how your motorcycle injuries came about, or how that truck accident caused you unique symptoms, and will advocate for the maximum settlement based on factual understanding of the injuries and damages that were sustained. While it sounds simple to do, the truth is that the ordinary person, untrained in review of medical records, can and will miss the detail and subtle quotations by doctors and nurses, and lacks the investigative efforts to uncover the procedure’s complications.

We hope that you will consider our firm for your case if you want to maximize recovery to you. Please call us for a free consultation at 1-888-752-7474.

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Posted In: Car Accidents , Injuries , Motorcycle Accidents , Product Liability , Truck Accidents

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The Metrolink Chatsworth disaster here in California was one of the worst train disasters California has experienced. Over 135 persons sustained serious personal injury and 25 people tragically lost their lives. Since that sad day, we have learned more about the terrible set of circumstances that led up to the catastrophic event. Distractions such as texting, driver fatigue due to overworking, and possible mechanical malfunction are all presumed. However did you know the victims and their families have limited time to file their claims?

With all that these families are going through, the last things is to worry about claim forms and filing deadlines. However the cut-off date is quickly approaching for this accident. You must file in early March 2009 claims against Metrolink, track owners, and the Los Angeles County Metropolitan Transportation authority (LACMTA). The statute of limitations is artificially short for governmental agencies, 'to allow the agencies to investigate". Here it would seem more appropriate to waive the claim filing date cut off, but good luck getting a judge to agree with you.

Unfortunately nearly half of the victims have not filed claims yet and their rights may be forever barred if they don’t act soon. Getting a California personal injury attorney that you trust and that can handle these bureaucratic procedures for you is the most prudent thing you can do. You need an expert on your side to handle the details, know the deadlines, and handle the insurance and governmental agencies.

Personal Injury cases such as these are complicated and need a qualified and highly experienced California personal injury lawyer such as Allen, Flatt, Ballidis & Leslie. They have a team of lawyers ready to fight for your rights and recover for all of your future needs.

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As many of you know, our firm has been posting for about 2 years the dangers of Salmonella in peanut butter. We recently resolved a case involving such toxic contents, without having to wait for class acrtion resolution as many of the other Plaintiffs in the Georgia class action lawsuit. One reason is our expertise and ability to handle such cases effectively. Unfortunately, here we are again with a new outbreak. If you need a personal injury attorney that specializes in such cases, call us at 1 888 752-7474.
The nationwide recall of peanut butter products has affected almost all 50 states, including over 66 cases here in California. In Orange County, we have had 6 cases to date with fortunately no deaths. Nationwide over 500 people have become ill and eight people have died.
The American Peanut council is now taking steps to reassure the public on which types of peanut butter products are being affected and which ones are not. The recall all began when one manufacturing plant in Georgia found salmonella contamination. Although their peanut butter primarily went to intuitions such as hospitals and schools, the contamination eventually led to a recall of over 125 products containing peanut butter.
Peanut butter and peanut products are literally everywhere within our packaged food supply. In fact the average consumer eats about six pounds per year. One major Orange County store eliminating products from their shelves are Trader Joe’s which provide celery with peanut butter packs and many popular nutrition bars such as Luna, NutriSystem and Cliff Bar.
Orange County grocery chain stores such as Ralph’s, Vons and Albertson’s have voluntarily removed several peanut butter crackers such as Keebler and Austin brands because the peanut paste used for these cracker products might be tied to the salmonella outbreak. In addition, through their rewards programs they are contacting their customer via their receipts and notifying anyone who has purchased one of the recalled products. Look at the bottom of your receipt the next time you’re purchasing groceries in one of these stores.
Popular peanut butter brands such as “Peter Pan” , “Skippy” and “Jif” are all safe to eat due to the fact that they process their own peanuts and do not buy from a outside distributors. Primarily the recall involves pre-packaged products of peanut butter snack food and not jars of peanut butter.

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Although Orange County’s hospitals have a good reputation, medical errors are still causing personal injury and death to many people here. Imagine waking up from your surgery to find out that they operated on the wrong knee? Left you with a staph infection? Left instruments and sponges inside you? It’s hard to believe but it is happening, and unfortunately, at an increasing rate.
California Department of Public Health, the agency that oversees proper health care and hospital conformity recently released the list of hospitals that received penalties due to non compliance and these actions were deemed likely to cause serious injury or death to their patients.
Of the 18 California hospitals fined, 15 were in Southern California and of those 15, 6 were in Orange County. Hospitals like Hoag Memorial in Newport Beach, Los Alamitos, Fountain Valley Regional, Anaheim General, and Coastal Communities. These hospitals had performed wrong procedures, left sponges inside patients, gave incorrect medications, etc.
Preventable deaths in America rose 3% to a staggering 247,662 deaths in 2005. The cost to hospitals is 8.6 billion but the cost to patients is unforgiveable. Currently, patient safety incidence that were most common were post operative sepsis, or simply an infection that has developed after surgery(35%), post operative respiratory failure (19%), and other infections (13%).
According to a study by Health Grades, California ranks 42nd in the country according to incidences, injuries and other issues facing its hospitals. So what is a patient to do when they learn they must have a procedure done in a nearby OC hospital? Fortunately there are some online resources that can assist you in making an informed decision.
One great website that compares hospitals in your area is the U.S. Department of Health and Human Service, HHS at www.hospitalcompare.hhs.gov/ .Just place your zip code, city or county in the search box and you will receive a listing of hospitals within a 25 or 50 mile radius of your home. Then click three hospitals to compare. You will receive information such as quality of nursing care and responsiveness to heart attack protocol and proper antibiotics given for pneumonia.
For a more comprehensive hospital check you can visit the fee-based Health Grades. For example, let’s say you are going into the hospital for a hip replacement. Studies have shown that the hospital that does procedures on more frequent basis tend to do a better job. Surf over to www.healthgrades.com and search under “hospital ratings”. Then check off what procedure you will be having done and then your county. You will receive a comprehensive list of the hospitals in your area to compare where the best place for you to have this done. Additionally you will find out which hospital has the best success rate!
While you’re visiting Health Grades, don’t forget to check out your doctor as well. How many malpractice suits has he or she been involved in? Any sanctions with a hospital or medical board? Remember, your healthcare is IN YOUR hands.
Have you been injured due to a medical error or have a loved one that has died due to the negligence of a hospital or doctor? You probably have lots of question, so why not call the experts who will advise you of your rights and possible options. Call the expert personal injury attorneys at Allen, Flatt, Ballidis and Leslie today.

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Recently Dennis and Kimberly Quaid agreed to a $750,000 legal settlement for medical errors involving massive doses of Heparin given to their newborn twins at birth. Under the agreement, the Southern California Hospital, Cedars Sinai Medical Center got a slap on the wrist with a $25,000 fine and staff retraining and the Quaid family sued the manufacturer of the drug, Baxter Healthcare Corporation.
Heparin is a life saving drug for millions of patients to avoid potentially life-threatening blood clots. It is administered intravenously to patients who are in need of a blood thinner in emergency /operating rooms and dialysis centers. However, recently its manufacturer, Baxter International has faced scrutiny regarding its product labeling, adverse effects and some deaths.
In addition to the labeling errors, which were the reason for the Quaid family lawsuit, the company is now facing several lawsuits and severe scrutiny due to the contamination of the Heparin drug causing 81 known deaths to date.
The Federal Drug Administration (FDA) has received several hundred complaints of serious allergic reaction associated with Heparin in the last year. This in turn led to a hearing by congress to investigate the high rate of claims to the FDA and what they were doing to solve the problem. They concluded that this was the worst case of poisoning since the Tylenol poisonings of 1982.
The FDA identified Changzou SPL, a Chinese subsidiary of Scientific Protein Laboratories as the source of the contamination. The contaminant, over sulfated chondroitan sulfate, which cost a mere $9.00 per pound compared to Heparin at $900. It was hinted that this was nothing short of economic sabotage.
An FDA investigator admitted that it violated its own policies by not inspecting this Chinese plant until 2007 even though Baxter Healthcare had already been given the green light since 2004 to purchasing this product.
Chinese officials, worried about bad publicity are disputing claims of deliberate contamination. They are arguing over who has the right to come on their property and inspect their facilities.
How many more cases like this one must the American public endure before our leaders take some sort of action to protect the public? Until that time comes, remember, information is power and you can always find a list of recalled drugs at the FDA’s website at www.fda.gov/
Even though the Bush Administration has proposed increases to this agency’s budget next year, critics argue that it is not enough to adequately monitor not only this drug plant, but the over 700 approved Chinese drug plants that we receive ingredients from. The agency admits that it only has the manpower to inspect 10 to 20 per year. At that rate it will take 40 to 50 years to inspect them all.
Have you been injured in a medical-related accident? If so, don’t hesitate to contact a professional personal injury attorney immediately. They will help sort through the maze of paperwork to allow you to recover.

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Holiday travel is in full gear this season, and with massive storms on both the East and West Coast’s this year, even our warm Orange County has seen snow on our local mountains. Weather always seems to be a factor in many accidents involving seasonal travelers, including yesterday’s accident of a Boeing 737 jet.

This Continental jet carrying 112 people skidded off the runway on take-off in Colorado and sent a chill to all prospective air travelers. Fortunately, no one died but 38 passengers had serious personal injuries and were transported to local hospitals. Not quite the joyous holiday news that you need right before you travel!

Air travel by a major U.S. carrier is still statistically the safest way to travel, although when an accident happens, it gets so much media press that we forget it is a safe mode of transportation. In fact, for the last two years (until yesterday), we had had no injuries reported on any U.S. major carrier in 2007-2008. That is impressive since we have over 10 million flights each year. If every personal injury accident involving automobiles were publicized no one would want to drive a car anymore!

In the last two years, The Department of Transportation has spent millions of dollars on new infrastructure projects; new runways, airport facilities and new air traffic control. This should eliminate many of the holiday season bottlenecks of holiday travel.

Although major airlines are enjoying some of their best safety record years ever, this cannot be said for International carrier, military jets and general aviation involving private pilots. Over the last month, Southern California has had a military accident involving 4 wrongful deaths, several “near misses” and a couple general aviation accidents.

If you plan on any international travel over the holidays, check out the safety record of some of the “local airlines”. Many of the international carriers have poor safety records and enticed travelers with low ticket prices. You can access this information by visiting the National Transportation Safety Board’s website at www.ntsb.gov/aviation.

General aviation, by definition are planes less than 12,500 pounds, have 16 times the fatalities that the general air carriers have. One reason is the experience level of the pilot. In 2005, general aviation had 632 deaths as compared with 40 commercial flights. This is still safer than the almost 43,000 auto accidents!

Takeoffs, landings, and weather, are the most vulnerable segments to general aviation accidents.

Takeoff is the phase of flight that accounts for about 20% of all accidents. It is also the most unforgiving. There is little altitude to maneuver and even less time to analyze a problem if one occurs. Whether it’s mechanical failure or some other factor, it’s essential to have a contingency plan, and this usually comes with experience and knowledge of your aircraft.

Weather is another huge factor in accidents. Weather is not an exact science and can change rapidly when flying in areas such as mountains, deserts and islands. Most accidents occur when the pilot travels too low to avoid the weather above, but the fact is, sometimes the bad weather. This may have been the factor in a Southern California pilot and his passenger this weekend. Sadly, they both were killed.

If you or your family has been injured in an aircraft accident, please don’t hesitate to contact a professional personal injury attorney. Unless there is a full investigation, you will not know whether it was pilot error, weather factors or mechanical malfunction. Get the best attorneys on your side, call Allen, Flatt, Ballidis and Leslie.

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Frequently while driving along any Orange County freeway you might see accident victims off to the side of the road or hear emergency vehicles on their way. Relieved? Although instinctively most of us would like to help our neighbor or person in need, sometimes we feel inadequate to render aid or just don’t want to get involved for fear of being sued or worse, get injured ourselves.

However, if we were the ones injured on the side of the road, of course we would be hoping someone would stop to lend us a hand. Fortunately, there are wonderful people here in California and elsewhere called “Good Samaritans”. They literally stop whatever they are doing and help with no thought to their own safety.

Just recently this year, a Fountain Valley man was traveling on a Southern California freeway and noticed a collision blocking lanes up ahead. He pulled to the side of the road to help. He was walking safely along the shoulder of the highway, but tragically, a car coming at a high rate of speed did not see the accident and then swerved to the shoulder and hit the man. He suffered major personal injury and was declared dead at the scene.

The California Good Samaritan Law is generally meant to protect lay people who help at any emergency scene. This could be a crime or any injury accident. As long as you help with no expectation of payment or reward, you will be immune from liability if you assist to the best of your ability. However, a recent ruling in March 2007 by the California Court of Appeal will change the Good Samaritan law regarding the expectation of “medical care” to the accident victim.

The case involved a woman, Alexandra Van Horn, who was a passenger in a car who ran into a light pole at 45 mph. A passenger in the car following her stopped at the accident scene to render assistance. She lifted her out of the wrecked automobile and as a result, Ms. Horn became a paraplegic. Even though court testimony was debated as to whether the accident or the lifting could have caused the paraplegia, the court ruled that the Good Samaritan liability shield did not protect her.

So what’s a Good Samaritan to do? Here are a couple rules of thumb to keep in mind.
The Good Samaritan law does not give you the license to act like a doctor. If you chose to stop and help, you should only help out in a way that reflects your prior training. If you’ve had first aid training and are CPR certified, great! Then you can help out in this way. If not, there are other things you can do at an accident scene to help. For example, talk to the people involved until help arrives, call 9-1-1, supply blankets for warmth to prevent shock, etc. The best way you can be a Good Samaritan is to offer assistance within your expertise experience.

If you have been involved in an automobile accident and don’t know where to turn, contact an experienced law firm such as Allen, Flatt, Ballidis and Leslie. Their professional team of law professionals will assist you through every step of this process and answer all of your questions.

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This week off the waters of Southern California, two bodies and a crushed boat were pulled from the Pacific Ocean. The man was identified as Henry Sanchez, the brother of two congresswomen from Orange County, and his girlfriend, Penny Avila. Although the investigation has just begun as to the cause of this horrific boating accident, questions are being raised as to the fault and negligence. Did the tug have the proper light sequence indicating that he was towing a barge, had the driver gone through boating safety classes to know what the lights meant?

In Californian there are close to one million boats of all types registered here in the golden state. Here in Orange County, we are blessed with year-round good facilities such as Newport Beach and Dana Point harbors. Tragically, California also has the highest vessel accident rate, usually involving serious personal injury. Although fatalities are down from last year, our injury rate and property damages have increased. There are a number of explanations as to why people get into boating accidents; excessive speed, inattention, reckless operation, and alcohol. Would mandatory safety classes really make boat owners safer? The state’s legislative arm is undecided.

There is currently much debate in the state capital to whether safety boating classes for all vessel owners would reduce accidents. Two years ago, Assemblyman Michael Duvall, R-Brea introduced new legislation, AB 1458, which has continuously stalled in Sacramento. The bill would require operators of motorized vessels to pass an examination and obtain a life-time certificate before they operate a vehicle. Currently there are safety courses available but they are taken on a voluntary basis. One factor in the legislation that doesn’t make sense is that they would not require people who rent boats to have such a certificate. These people are typically the least trained operators.

There are currently 33 other states that have mandatory class and/or licensing regulations and it has decreased injury and accident statistics significantly. In California, 86% of last years’ fatalities occurred on boat owners that had not taken any safety course. Although many people think that driving boat is similar to a car, it is not. They are many different lights, signs, rules of the waterway to learn. Over 40% of serious incidences with boats involve collisions with other boats. The one major factor that will save lives in boating accidents is the life jacket or personal flotation device (pfd). Two-thirds of all boating accident victims drowned and 90% of them did not wear life jackets. A good rule of thumb is to have a safety jacket for each person aboard your boat. As the owner of a boat, as is similar to owning a car, you are responsible for the well-being of your passengers.

If you have been injured in a boating accident, please don’t hesitate to call a professional personal injury attorney immediately. Let the experts handle the corporate battle while you recover from your injuries. Unless you have previous experience in these matters, you may lose out on your rights and compensation.

The California Department of Boating and Waterways publishes an excellent brochure entitled, “ABC’s of the California Boating law”. It is freely available from the website www.dbw.ca.gov/pubs/abc/. In addition, they offer a free home study course called, California Boating Safety. Call 916-263-1331 for more information.
There are also many free courses on boating safety offered by the local boating squadron near you. Call 1-888-FOR-USPS for more information.

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September is Baby Safety Month and it comes as we read and hear about defective baby items almost every day in the news. In fact there are on average 5 baby products recalled every month. That’s a lot of worrying for any new family, but thankfully we have the U. S. Consumer Product Safety Commission, CPSC, to watch out for us. Damages from unsafe consumer products cost the U.S. more than $700 billion per year. But over the last 30 years there has been a 30% drop in death and injury, thanks to smarter consumers.
If you’re a new parent, here are two new warnings out this week that you should be concerned with.

The first one is the recall of infant formula imported from China. This recall specifically is targeted to the Chinese American communities within California, but it could also end up in any store. The Orange County community of Irvine has one of the fastest growing Chinese populations in California and so has many shops containing Chinese -made products. The Federal Drug administration, FDA, is worried that some formula may have brought in illegally and potentially be in ethnic markets. It is illegal to import Chinese manufactured baby formula, but it does end up here. The name of the product is Sanlu.

So far there have been no reported illnesses in the U.S. but in China, three infants have died and 6000+ children have been sickened with kidney stones, flu-like symptoms and kidney failure. It has been discovered that the formula has been tainted with melamine, which is a nitrogen-based compound used in commercial plastics and industrial products. You may recall the large recall of pet food last year had the same ingredient. The Chinese government is now sending inspectors out to the milk suppliers of Sanlu Group. Evidence is mounting that the suppliers were adding the melamine to the milk to artificially give the milk higher protein content. Sanlu knew about the tainting as early as May when the first baby died, but kept quiet to avoid bad press during the Olympic games.

The second warning is a major recall of baby cribs and bassinets. This is the third major recall of children’s sleep furniture from Simplicity. A year ago Simplicity recalled over 1 million cribs after the deaths of two children. Some of these cribs were sold under the brand name of Graco. Just last month, 900,000 bassinets under the brands Simplicity, Disney and Graco were recalled. This month, 600,000 drop-side cribs can come off its tracks and suffocate a child. The cribs were made between January 2005 to August 2008 and were sold at Target, Wal-Mart and Babies-r-us. For more information on model numbers of the cribs, please visit the CPSC website at www.cpsc.gov for more information on this and other defective baby products.

Just to complicate the issue a little more, Simplicity has gone bankrupt and sold its assets to a new buyer. That buyer has now stated that they are not liable for recalling any products. Sound confusing? If your infant has been injured from this type of product or any other device, you don't hesitate to consult an attorney to answer all your questions.

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After California’s worst accident in metrolink history, the trains are back open and rolling. The crash has left many living here in Southern California wondering just how safe our commuter trains are. Even though the actual cause of the accident is under investigation, it could take up to one year until the National Transportation Safety Board, NTSB has concluded its inquiry. But as scattered facts are coming to light, shock has changed to anger when we slowly piece together the puzzle on what actually happened on the train that killed 25 commuters and injured over 135 other passengers.

So far the investigators have ruled out mechanical, track and train problems. The main focus is on the engineer, Robert Sanchez. According to the data that was recovered from the data recorder, no brake pressure had been applied and he was speeding. In addition, Metrolink officials confirmed that all signal lights were operating correctly and that he ran two red lights that warned of the approaching freight train. Other factors that could have influenced human error are that he typically worked a split shift (6am-9pm with a 3 ½ hour break), and was possibly texting at the time of the crash.

California senator Dianne Feinstein quickly introduced legislation this week that would require all trains to install new technology called “positive train control”. This new monitoring system would track all trains’ locations and stop them via an override system, if the engineer does not physically stop. This would prevent deadly train crashes and save hundreds of passengers from personal injury from wrecks.

The head of Metrolink last year addressed congress and complained that these new technologies would involve substantial costs and urged them to allow flexibility in implementing the new systems. They had just spent 177 million on newer, safe passenger cars. In every crash, the first car is normally more damaged than the others, and of course this is where most of the fatalities results. Unfortunately these new cars are not to be delivered until December 2008. The cars will hopefully prevent derailments and passengers from being crushed. Of course every industry does have to weigh the risks to upgrading old technology but in this case, the costs are enormous—literally.

Lawsuits already have begun being filed in California courts. The cap of $200 million, imposed by congress 11 years ago for liability on any one railway accident, will be tested because of the sheer volume of severe personal injuries and fatalities. Attorneys argue that more litigation actually provides more information for the community at large and this can bring about regulatory changes.

If you were injured in this recent train accident or any accident where you experienced any personal injury, you probably have a lot of questions. Contact a professional firm such as Allen, Flatt, Ballidis and Leslie for answers to your questions as well as assistance through this ordeal.

Metrolink passengers took over 10.5 million trips last year in Southern California. It still is safer than driving the freeways for commuters. With the recent high prices of gas and severe traffic congestion in Orange County, ridership was up 8% and there is more expansion planned for stops in Fullerton, Orange, Tustin, Irvine and Laguna Niguel.

Stay safe and enjoy each day.

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The nights are getting cooler, leaves are beginning to change and the kids are nowhere in sight. Yes, summer is over and children are back in school. But for most kids here in Orange County, they will either be passengers in cars or walking to school, instead of taking the bus, due to California’s state budget cuts. 70% less school bus routes will be available for families living within Laguna Niguel and Mission Viejo this school year. Transporting children to and from school creates more traffic in and around schools and leaves children vulnerable to personal injury.

When driving a vehicle, your children have ten times greater risk of injury then if they were in a school bus. While walking them to school, your injury risk is about double. School bus transportation is generally safe but it does have inherent safety risks as well. Nationwide school bus-related accidents send over 17,000 children to emergency rooms each year. Over 1500 fatalities have occurred over the last two decades.

One quarter of school bus accidents occur while the children are boarding or leaving the bus area. Another 50% of injuries are directly related to crashes while traveling on the bus and the other 25% are generally slips and falls, getting jostled when buses stop or turn suddenly, and from roughhousing.

Earlier this year in Chino, California we had a serious school bus accident, but fortunately for the occupants on the bus, they all had some type of restraining device thanks to our new seatbelt law and fortunately most of the injuries were minor. California is one of only 6 states that have mandated seat belts in all new school buses and this has reduced the risk of serious injury tremendously.

Although the approximate $4,000 cost of safety belts installed in new school buses are generally thought to be a good idea, many smaller districts can’t justify the extra costs. Some districts are now faced with liability issues of kids misbehaving on buses. Distraction among bus drivers is the leading cause of accidents. This is another strong argument for seat belt use in school buses. Keeping kids immobile will provide a safer environment for everyone involved.
If one of your children or if you know a child that has been injured in a school bus-related accident, don’t hesitate to call an experienced personal injury attorney. They are ready to assist you through the process of dealing with insurance companies, specialty doctors and other agencies.

Lastly, if your child does ride on a school bus, he or she should be aware of the area called the “danger zone”. This is the area in front of the bus where the driver has a blind spot and sadly over 2/3 of children’s fatalities are caused by their own bus running them over. Many new buses have wider windows for better viewing and door arms to help protect the kids.

Let's keep our children out of the danger zone if we can.

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Lake Forest California is a great community that I call home, and as a personal injury attorney I can tell you that it is a safe community. However, if you are texting while driving, you are endangering me, my darling daughter, family and all others in our community.

Last year over 360 million text messages were sent in the United States and over 57% of those were from adults, not teenagers. It is a dangerous trend that is not associated with teens anymore. More adults are learning this new hip language and are learning to multitask more efficiently than ever. Busy lives are the norm for many of us who live in Orange County and as you might imagine, rates of motor vehicle accidents with personal injury are also on the rise due to many distractions.

California senator Joe Simitian introduced SB-28 last year, a bill that would make it illegal for adults to send text messages while driving. It is already illegal for anyone under 18 years old to text. The bill is now one of many sitting on Governor Schwarzenegger’s desk awaiting signature. But with California’s current budget crisis, it is doubtful any bill will be signed without a new budget.

With or without a new law, do we really need the threat of a $20 fine because we were texting? Some legislators argued that we are limiting the personal freedoms of drivers and they fear further fines for things such as eating and kids in the car. It is clear that you can’t legislate common sense, but it is apparent that the less distraction you have in your car, the less likely it is that you will experience an auto accident. Nearly 80% of all collisions involve some sort of distraction within 3 seconds of the crash and fortunately, many of these issues can be avoided with some advanced planning.

A study by the Insurance Institute for Highway Safety recently concluded that drivers using cell phones were four times as likely to get into a crash that can cause personal injuries, serious enough to send them to a hospital emergency room. These findings were for phone use only, not even for texting. Looking down and reading your electronic devices and sending text messages can only increase your risks. Already cell phones are blamed for over 300,000 collisions per year and 2,600 fatalities.

One tragic fatality was a young girl from Southern California driving home this month in Redlands. Officers reported that the girl had just sent a text message before her car lost control and hit the meridian. Other factors were involved but texting was cited as one of the causes. Other cases around the country are equally terrifying when you read that kids are texting their parents as they lay dying in a car wreck. One of the biggest influences on how teens drive is by modeling their parents. So if you want your kids not to speed, where their seatbelt, talk on their cell phones or text, try to model good driving patterns.

Whether SB-28 becomes law or not, fyi drive safe and ttyl.

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Another accident happened this week on an already busy Orange County freeway. An SUV has rolled over and injured its passengers. Unfortunately this type of accident happens across the country every day, injuring over 280,000 people each year. Over 24,000 have serious personal injury and tragically these accidents kill over 10,000 occupants annually. The accidents are usually twofold; first the rollover occurs and then the roof area crushes in and seriously injures the occupants.

American auto makers continue to deny that roof crush, usually in conjunction with a rollover, causes injuries, but their internal document say just the opposite. In fact the automobile industry has known that these types of accidents can produce serious personal injuries for over 39 years and only recently are gradually changing their designs, thanks to stronger government standards for rollover safety and litigation pressure.

Currently, 40% of SUV’s and light trucks on the road today have a fairly new technology called electronic stability control. Presently it is only an option, but in model year 2009, many automakers plan to make it a standard feature. The government’s crash tests have been so positive that they are mandating that all vehicles have this technology installed by 2012.
Why are these vehicles so prone to rollover accidents? Specifically, mini-vans, SUV’s and trucks are predisposed by the connection between the center of gravity and the track width (the distance between the left and right wheel). A narrow track and high center of gravity can make a vehicle unstable while performing fast turns or sharp turns.

New government proposed legislation will require all trucks and SUV’s to have stronger roofs and for the manufacturers to pass more rigorous tests. In particular, a roof would have to withstand 2.5 times the vehicle weight without bending. This would prevent any occupant from contact with the roof and therefore reducing serious head trauma. In addition, seat belts will also change to better hold the passengers in place in case a rollover occurs. Lastly and the most controversial of proposed legislation is the setting of lawsuit limits against automakers. This means that some crush roof accidents would be dismissed without trial because of this type of federal law. Something tells me that this one will not pass anytime soon.

If you or someone you know has been injured in a rollover accident, don’t hesitate to contact a personal injury attorney as soon as practical.

If you own an SUV, light truck or mini-van, there are a few things you can do to limit your risk or a rollover.
· Be aware that your vehicle has a high center of gravity and is more top-heavy than other cars. Don’t take turns at high rate speed and avoid sudden corrective action.
· Always use a seatbelt. Large numbers of SUV fatalities are drivers and passenger being ejected from the vehicle during a rollover.
· Obey traffic laws and avoid alcohol while driving. A large demographic of rollover accidents involve young men between the ages of 18-25 and alcohol consumption.

If you choose to purchase a new car in the future, check out the new crash test and rollover ratings at www.safercar.gov/ .Their rating scale will assist you in your new car purchase.
Safe driving!

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Recreational Vehicles or RV’s are a popular way for families to enjoy a summer vacation. The RV market is a 15.75 billion a year industry with both sales and lease agreements combined. However, if you own or lease one of these larger vehicles, check which tires has been installed because with the increase of RV’s popularity has also come an increase in accidents and major personal injury due to uneven loading, faulty tires and rollovers. The main problem is tire blowouts, specifically involving Goodyear and Toyo Tires.

The Goodyear 159 or G159 is actually a heavy truck tire made by Goodyear specifically for recreational vehicles. Manufacturers such as Fleetwood and Monaco used this tire with an exclusive agreement with Goodyear. They were assured that this tire was suitable for the large Class A type vehicle. Unfortunately, this tire could not sustain the high loads placed on it by shifting weights of a large vehicle.

The initial recall was back in 1999 after several accidents, but unfortunately, these tires are still on the road today. The main problem with these tires is that RV’s have a lot of weight with fold-out patios, TV’s and other heavy items. They are also typically used for an extended period of time and so a combination of overuse and heat can lead to tire tread failure and belt separation. These all seems to be a clear case of a defective product but the manufacturer, Goodyear is not conducting a further recall.

A recent report was published earlier this year by Sean Kane of Safety Research and Strategies. In the article, Kane stated that Goodyear had destroyed significant testimony that was taken in one of the earlier depositions that was for a lawsuit that was settled out of court. In the deposition, the Goodyear official reportedly admitted under oath that Goodyear knew that the Goodyear 159 tire was not suitable for RV use and was inadequate for use on class A motor homes. Moreover, not only did Goodyear know about these problems but the RV manufacturers such as Fleetwood and Monaco knew about this as well.

If you have experienced a tire blowout or an accident driving or riding in an RV, don’t hesitate to contact a professional personal attorney firm such as Allen, Flatt, Ballidis and Leslie. We are among the highest rated attorneys in Orange County and throughout California.
If you own or are just renting an RV this summer, having a good tire inspection is one of the best safety tips you perform for your family’s well being. Others driving tips include:
· Check for tire recalls at www.safecar.gov/
· Maintain proper air tire pressure and tread depth
· Watch your weight distribution; secure heavy items and place heavier items close to the ground and maintain a low center of gravity.
· Take an education driving course before heading out in your new vehicle. RV’s are much larger than vans or SUV’s and have multiple blind spots. Remember that it will take extra time to stop so watch your speeds as well.

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Summer is time for family vacations and the traditional road trips. However, next to the fall/winter holidays, it is the most accident-prone time of the year. Factors involved are numerous; fatigue, road unfamiliarity, construction, and (of course) kid distractions!

Unfortunately for a family of 5 from California, their summer vacation ended in tragedy. They were traveling from their home in Southern California and somewhere in Utah their SUV went out of control. Highway patrol suspect that the wife of the couple fell asleep at the wheel. Tragically, both parents died instantly and the three children are in critical condition. What makes this story more tragic is that this could have probably been prevented with some advanced planning and a good night’s rest.

According to a recent National Highway Traffic Safety Administration report, most crashes occur during late night and early morning hours. Over 56,000 motor vehicle crashes are due to drowsiness and fatigue alone. It is understandable that to avoid heavy congestion, people like to drive early or late, but if you are tired, don’t risk it. Getting a good night’s rest before a trip will keep you in a better frame of mind, give you more patience with the kids saying, “are we there yet?”, and of course, help you arrive at your destination safely.

Besides a good night’s rest, vehicle maintenance is one of best things you can do to reduce the risk of serious personal injury. Our summer breaks are far too short and sometimes we try to pack too much into our one week vacation!

Before your summer road trip, here are a few maintenance items to check before hitting the road:
1. Check your tire pressure. Tires without enough air pressure can build up heat and can lead to tread separation and blowouts. A good rule of thumb is while you are changing your oil every 5,000 miles, rotate your tires and check the pressure at the same time.
2. Hot weather is brutal for your car battery. Have it check, add water, if appropriate and check the cables.
3. After failed batteries, broken belts and hoses are reported to be the second most cause for breakdowns. Do a visual inspection for any cracks or tears in the rubber or make sure you have a complete vehicle inspection before your trip.
4. Brakes are crucial for your family’s safety. Summer trips can generally load down your car and put extra loads on your vehicle, especially if you are towing items. Have them checked and make sure they work properly.

Other summer hazards include construction zones and unpredictable weather. Be alert for upcoming construction zones and slow down. In addition, here in California we have summer fires that can cause reduced visibility in some areas. Flash floods and sudden downpours from thunderstorms can also cause slippery roads, limited visibility and hydroplaning.
Lastly, if you’re on an extended trip into an area that does not have facilities nearby, a good emergency kit is vital. Duct tape (for repairing hoses), first aid kit, flashlight, blankets, water, flares, jumper cables, and small amounts of food are all needed in case of an accident or breakdown when you’re out of cell phone range!

For more summertime driving tips to stay safe, visit www.safecommunities.org/ and for road closures and construction zones here in California, visit www.dot.ca.gov/ for the latest traffic problems.
If you are involved in any type of personal injury accident, don’t hesitate to call an experienced attorney to assist you through the process.

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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!

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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.

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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.

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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.

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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.
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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.

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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.

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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.

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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.

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Orange County is known for top quality restaurants and award winning schools, but in recent weeks, restaurants and schools on the food distribution list of Chino-based Hallmark -Westland Meat Company are scrambling to distance themselves from the largest beef recall in U.S. history.

Last month, an explosive undercover video showed sick animals shoveled by forklifts, crippled cattle being prodded and other cruel acts. A Westland employee, working undercover for the Humane Society shot the video to expose the inhumane treatment of animals going to the slaughterhouse, but now it has opened up scrutiny to just how did this award-wining slaughterhouse, under the watchful eye of two federals agencies, succumb to probable bankruptcy and the largest recall in history.

After purchasing Hallmark meat Company in 2000, Steven Mendell wasted no time in turning the slaughterhouse into a state-of-the-art facility. The goal was to acquire one the federal government most lucrative accounts-The National School Lunch Program. Mendell invested millions in upgrades; stainless steel equipment, new floor and ceilings, and soon it became a top beef processor. In 2004, Mendell was named “Supplier of the year” for the program. Even though the company had minor violations, the firm always said that the workers involved had been retrained and all animals were being treated humanely.

Ironically, if it wasn’t for an undercover, Humane Society inspector, none of these problems would be known today. The main problem within the slaughterhouse is the killing of sick cows or “downer” cows-cows that can’t stand alone. Sick cows pose a risk of spreading mad cow disease, salmonella or E. coli and the USDA, United States Department of Agriculture, has banned their meat from entering the food supply.

Mad Cow Disease or BSE, bovine spongiform encephalopathy is a rare condition that affects people that have eaten beef from diseased cows. Although very rare, if humans eat this poisoned beef they can contract a serious and always fatal disease, Creutzfeldt-Jakob disease (CJD). The huge problem with this disease is that no one knows how long the incubation period is. However, most experts agree that it takes years, if not decades to actual get the disease from the time you initially eat the contaminated food. This makes possible personal injury correlation from contaminated beef consumption almost impossible.

On average, around 250-300 cases of CJD are reported in the United States. Recently a Kansas man died of CJD after working in a meat packing plant for over 20 years.
The Department of Agriculture’s set of rules is to have veterinarian inspect any cow that can’t walk to the slaughterhouse on its own. If they can’t stand, for obvious reasons, they are not supposed to go into the food supply. It is always the veterinarian’s call as to the health of the cow. In the Westland case, the Food and Safety Inspection service determined “the food was unfit for human food due to the cattle not receiving proper inspection”. Know your rights when you have been a victim of defective products.

Unfortunately, most of the meat in questioned has been eaten. Currently 21 of the 28 Orange County School Districts have been affected. Visit www.fns.usda.gov for a complete list of schools affected. Along with schools, numerous restaurants, hospitals, and retail outlets have been involved. The whole incident is such a tragedy for the public in general. We depend on government inspectors to do their job, but as in so many cases, they are overworked, underpaid, and the innocent consumer gets the raw deal.

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Here in Orange County, California we experience balmy temperatures even in the middle of January—the envy of the rest of the country. Weekends are filled with sailing, beachcombing and if you have kids, the playground. However, many public play areas for children are potentially dangerous and parents must be aware of deficiencies.

Each year over 200,000 children are treated in hospital emergency rooms for playground equipment related injuries. About 75% are from public playground s and the other ¼ are from home playground equipment. Also, about 15 children die each year, primarily due to falls. By far, this is number one injury with playgrounds. Even though protective surface materials are available, not all parks and schools can afford or know about the various types of materials.
In California each year, approximately 1, 000 children are hospitalized due to playground injuries.

Continue reading "CALIFORNIA PLAYGROUND INJURIES SOAR HIGHER" »

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California is number one for a lot of things; entrepreneurs, great quality of life and diverse beauty, but highest speeding related fatalities? Yes, it’s not something to be proud about. According to the National Highway Traffic Safety administration (NHTSA), California ranks number one in speeding accidents in both interstate and non-interstate roadways. Moreover, the period between Thanksgiving to Christmas has the highest accident rate, and is a California personal injury lawyers busiest time as well. One reason is that many Californians are taking long road trips to visit family and enjoy winter vacations.

By far, traffic is a spoiler of many long trips; unexpected detours, traffic congestion, and accidents. Wouldn’t it be nice to have traffic alerts come directly to your computer, cell phone or other handheld devices? Well, now a company provides online solutions to your traffic problems. Traffic.com will help Christmas travelers get to their destinations faster by knowing the best time to leave and the best route to take. Knowing the best route can save both time and fuel, and with todays fuel costs, this can save you lots of money.

Continue reading "CALIFORNIA IS RATED HIGHEST FOR SPEEDING, PERSONAL INJURIES AND FATALITIES" »

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Rose Tani was a 90 year old woman who had survived internment in a World War II camp and had 5 children. Unfortunately, she was a little too impatient on December 19th, 2007 and drove around a school bus and a railroad crossing with its gates down. She was killed instantly by the impact of the crash. Her story was in the news primarily because her son, Daniel Tani is a NASA astronaut who is presently living on the space station, but the story also highlights the increasing number of car accidents involving railway crossings.

Statistics show that California ranks second in highway-rail fatalities and is third in total collisions. Last year in 2006, 36 people were killed in California—a 63% increase over the year before. In terms of fatalities among railroad employees, though, these injury rates are down significantly due to less human error, the leading cause of train accidents. If you have been injured in a train-related accident or know someone who has, don’t hesitate to contact a professional personal injury attorney for further consultation of your rights.

Continue reading "TRAINS IN CAUSE MORE PERSONAL INJURY IN CALIFORNIA THAN IN OTHER STATES" »

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Posted In: Car Accidents , Injuries , Insurance Disputes , Product Liability

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Every 31 minutes someone is killed in an alcohol-related accident. In fact Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. This is a main reason why since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving Prevention Month.

Continue reading "DRUNK DRIVING KILLS OR CAUSES PERSONAL INJURY IN MORE WAYS THAN YOU CAN IMAGINE" »

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Posted In: Car Accidents , Injuries , Insurance Disputes , Motorcycle Accidents , Product Liability

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American Foods Group announced a recall of 96,000 pounds of ground beef. This announcement is all too familiar here in the US this year. Earlier this fall the company, Topps recalled over 21 million pounds of beef that ultimately made several people ill. The cause of these recalls is that these foods are contaminated with the bacteria E. coli 0157: H7 or Escherichia coli.

Continue reading "TAINTED BEEF CAN AND DOES CAUSE SIGNIFICANT PERSONAL INJURY IN CALIFORNIA" »

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Posted In: Injuries , Product Liability

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In one of the largest personal injury settlements in Orange County history, the city of Dana Point has settled with the families of Stacy Neria and Carol Daniel. These two women were paralyzed after this tragic accident and are facing a lifetime of suffering and medical bills. The city settled the day before it was scheduled to go to trial.

The two women were jogging on April 8, 2006 with two other friends when a transient, William Todd Bradshaw hit them from behind as he attempted to pass another driver on the right. Bradshaw, who fled the scene, was on probation at the time for three DUI offenses. He was arrested several days later; was convicted and sentenced to four years in prison.

Continue reading "TWO QUADRIPLEGIC WOMEN OBTAIN HIGH SETTLEMENTS WHICH LIKELY WILL NOT BE ENOUGH" »

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Posted In: Car Accidents , Injuries , Product Liability

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The national average for seat belt usage is at an all time high-82 percent. In the Western states it is even better at 93%, but even as the fatality rate decreases as seat belt use increases, there are still too many avoidable fatalities due to restraint use in America. Even though all 50 states have some sort of restraint law for children, it is still the number one killer of children under 14.

Click it or Ticket (CIOT) is the most successful seat belt enforcement campaign to date. It is the major factor in the decrease of both accidents and fatalities in children and adults. However, while 96% of parents and caregivers believe that their child’s safety seat is installed correctly, in realty research shows that seven out of 10 children are not buckled up right.

Continue reading "PREVENT THE #1 CHILD PERSONAL INJURY AND DEATH CAUSE IN AUTO ACCIDENTS " »

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With the start of the holiday shopping season next week and with over 80% of the toys made in China, what is a parent to do? There has been 60 individual toy recalls this year—that is double the amount of recall alerts the Consumer Product Safety Commission issued in 2006. The recalls all fall into three categories: lead content, hazardous chemicals and detachable magnets.

The latest recall came just last week; children from several states were sickened by the Chinese-made toy “Spin Master Aqua Dots”. There is now a massive recall of over 4.2 million of these items in this country alone, but it is distributed in 40 countries worldwide.

Continue reading "AVOID PERSONAL INJURY BY KNOWING WHICH TOYS ARE UNSAFE" »

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Posted In: Product Liability

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Prescription medicines unquestionably help people on a daily basis. However, in California alone, 150,000 injuries have resulted from misunderstood prescriptions; either by the doctor prescribing or the pharmacist reading the instructions. More than 1.5 million Americans have been injured each year by medication mistakes and 7,000 people have died. E-prescribing is one area of healthcare reform that can save the taxpayers money and prevent needless injuries to patients.

Continue reading "AVOID PERSONAL INJURY FROM PRESCRIPTION ERRORS WITH THESE STEPS" »

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Posted In: Injuries , Product Liability

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When your kids are telling you that they want “crocs”, it isn’t a new pet crocodile they would like, but a colorful, somewhat ugly plastic shoe. (The shoe actually gets its name due to the shoe profile that looks like a crocodile’s snout). Since 2002, the company, Crocs, Inc has sold more than 50 million of these must-have shoes to kids and adults alike. However, some of the shoes best features, flexibility and grip, have caused several escalator injuries both here in the US and around the world. These types of claims can typically be categorized as a product liability claim. For more information on these types of claims see our section link above,

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Posted In: Product Liability

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Mattel, the world’s largest toymaker, has just announced its third major recall in less than 5 weeks. Over 2.8 million various Chinese-made toys have been recalled due to lead-tainted paint.

The Mattel recall includes popular toys such as Barbie accessories, Polly Pocket play set, and GeoTrax Locomotive toys. Nickelodeon and Sesame Street character toys sold under the Fisher-Price name have also been withdrawn.

In addition to Mattel’s recalls, last June RC2 Corp recalled 1.5 million "Thomas & Friends" wooden railway toys that were also made in China. The company is concerned that the surface paints on the toys contained lead, which could result in toxic poisoning in young children. We hope that the recall is soon enogh, as lead in paint is a major medical problem. See our web pages on defective products at http://www.allenflatt.com/lawyer-attorney-1130859.html

Continue reading "DEFECTIVE TOYS RECALL IN CALIFORNIA" »

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Posted In: Product Liability

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Shopping for a new car or SUV is no easy task, especially with so many models and new safety features to choose from. Fortunately, the new NHTSA report is out for 2007 year model vehicles and it is very encouraging. As of September 1, 2007, mandatory safety information for all 2008 model year cars is required to be on the window sticker. Besides newer miles per gallon estimates, consumers will be able to read information regarding government crash-test data for frontal /side crash tests and rollover ratings right on the vehicle itself.

Continue reading "BE CAREFUL ABOUT BUYING AN SUV. SELECT THE RIGHT SUV TO AVOID PERSONAL INJURY" »

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Orange County California: Our office was retained by a recent victim of Salmonella poisoning caused by ingesting peanut butter produced by ConAgra. The case is simple, within an hour of ingesting peanut butter, she had to go to the hospital where she suffered greatly, and if not for the heroics of the hospital staff, she would have died. No one knew what the cause of the illness was until days later when a recall came of the peanut butter she had ingested. When our client's husband checked the jar, opened and used the day of her illness, it was in fact the recalled product. Thank goodness none of their children had ingested the product. We represent victims of personal injury and product liability.

Our office put ConAgra on notice of the claim and tested the product by an independent lab. Testing confirmed the presence of Salmonella. ConAgra did nothing to investigate and ignored our client's claim. Over $25,000 in medical expenses were incurred and one would think ConAgra would do the right thing and adjust the claim. Not so.

Continue reading "CONAGRA NOW SAYS THEIR PEANUT BUTTER IS SAFE, BUT WHAT OF THE PREVIOUS SALMONELLA INJURY VICTIMS" »

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