Southern California Injury Law Blog

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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Posted In: Car Accidents , Injuries , Product Liability

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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" »

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Product Liability

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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" »

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

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

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