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The U.S. Consumer Product Safety Commission recently announced several recalls of products due to fall hazards.

Our Palm Beach personal injury lawyers know that property damage, deaths and injuries from defective consumer product occurrences cost the country in excess of $900 billion yearly.

A few of the fall hazard recalls are listed below.

Target step stool recall:

Over 200,000 step stools sold between January 2007 and October 2010 were recalled because they were either collapsing or falling apart while the users were on them. To date Target has gotten 27 complaints of the step stools collapsing or breaking. There have been fourteen incidents involving children, eight incidents involved adults and the ages were unknown in five other incidents. Injuries to adults included broken wrists, and one adult also broke her pelvis and hip. Six of the injured children suffered bruises and scrapes along with one adult.

Phil & Teds clip-on table top chair recall:

Approximately 54,000 clip-on chairs sold between May 2006 and May 2011 are being recalled due to worn or missing clamp pads which are causing the chair to detach from tables. Additionally, during a detachment incident an amputation condition arose because children’s fingers could be trapped between a bar and the table clamp. User instructions are poorly written causing possible consumer misuse. There have been 19 incidents reported, five with severe injuries. Two children had their finger’s seriously cut, pinched amputated or crushed. Three children sustained bruises when the chairs fell from the table. Chairs that have black spacers between the clamps and the cross bar are not included in the recall.

Radio Flyer Scoot ‘n Zoom recall:

Roughly 165,000 Scoot ‘n Zoom ride on toys sold between August 2010 and August 2011 that are a potential fall hazard are being recalled. The Radio Flyer Company has gotten ten reports of children falling from the toy. Of the ten falls six children sustained injuries including knocked out or loosening teeth and chin cuts needing stitches. Model #711B with a UPC sticker that is yellow is not included in the recall.

Bravo Sports Disney-branded pogo stick recall:

Nearly 160,000 pogo sticks sold between February 2009 and June 2011 causing lacerations and falls are being recalled. The issue occurring is the rubber tip on the bottom of the stick can wear out too early causing a potential fall hazard. The handlebar end caps are not attached firmly enough causing them to loosen and come off. The sharp edges of the handlebars are a laceration hazard to users. There have been 82 incidents of the bottom rubber tip getting worn out causing five injuries. The most severe injury was a skull fracture to a 9-year-old girl. Other reported injuries included chipped teeth, chin and lip cuts requiring stitches, bumps to the head and pushed in teeth. The Disney-branded sticks are the Hannah Montana model, Pixar Toy Story Cruising Cool model, Pixar Cars model, the Disney Princess model and the Disney Fairies Cruising Cool model.

Purchasing a defective product is a common concern for parents because products that malfunction can cause serious injury to children. When someone is injured by a defective product, an experienced law firm should be contacted to determine their rights to compensation for medical expenses, pain and suffering and other costs.
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As a former hospital CEO, Governor Rick Scott doesn’t see through the looking glass from the perspective of a nursing home resident who relies on Medicaid and around-the-clock care to get through the day.

Fort Lauderdale nursing home neglect lawyers know that the recent cuts made by Governor Scott will have an adverse effect on nursing home residents and will undoubtedly change the quality of care they receive. The upshot is an increased risk of West Palm Beach nursing home abuse cases.

For-profit nursing homes have become a big business industry and we all know that big business only cares about making money. A former nursing home ombudsman was recently relieved of his duties for investigating ownership of almost 700 facilities.

The Miami Herald reports that the nursing home advocate has filed a whistleblower lawsuit claiming he was forced to resign after he sent letters out to nursing homes throughout the state trying to determine who owns what facilities. He hasn’t requested reinstatement of his position in the suit but he is asking for over $15,000 in damages related to embarrassment and emotional anguish and distress. An investigation has been launched by the federal Administration on Aging.

A recent U.S. Government Accountability Office nursing home study revealed that for-profit nursing homes are sub-par in performance when compared to non-profit facilities.

For-profit homes comprise over two-thirds of nursing homes nationwide and are often operated by private investment firms or publicly traded companies. Private investment firms are apt to spend more money on manicuring a facility to improve the attractiveness, which doesn’t mean that they give better care once they coerce you to signing on the dotted line.

Make no mistake about it: Our elderly loved ones are at risk in nursing home environments throughout the state. A recent article in Reuters offers a few suggestions to help you in your nursing home search.

-Start your search with a helpful website, Nursing Home Compare, which is offered by Medicare and rates nursing homes based on geographic location. It will rate a nursing home on things like fire safety inspections or health evaluations.

-After determining which homes make the cut, schedule an appointment with each facility which includes a sit down meal. Observe the nurse interaction with patients, facility cleanliness, rate the food, and ask questions that concern you. It doesn’t hurt to schedule two or three appointments at different hours of the day to get an overall view of the facility and how it is managed.

-Make a surprise visit to the nursing home before you commit to your elder to residing there. Unannounced visits are typically the most informative. Make note of how issues are resolved.

Some consumers pick a nursing home based on convenience or location. For-profit homes tend to cut corners by hiring less qualified staff or fewer nurses to care for our loved ones. Quality staffing is what keeps a nursing home running and should never be overlooked when choosing a nursing home facility. Managed care should not mean that nurses over-drug patients, or leave residents soiled so that more patients can be tended to in a work shift.

Make your loved one a priority even after you find a home by continually monitoring the care being given to them in order to reduce the risk of neglect or abuse.
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Miami-Dade Transit and Metrorail employees all called in sick to protest wage cuts, but the buses were all up and running on schedule on Monday morning. The County is currently facing s $400 million budget deficit in the upcoming year. Officials are looking for any and all ways to cut corners to fill the gap. If its new budget plan is passed, these transit workers will not receive their expected three percent raise and they will be required to double their health care contributions and workers are not happy about it.

Safe transportation advocates worry about the cuts as they believe the reductions will affect the safety of our bus system and will increase the risks of fatal bus accident in Miami and elsewhere in the area. Transit officials are turning towards retired drivers to help cover shifts should the protest continue.

Our Miami bus accident attorneys understand that many residents and visitors rely on these buses to travel throughout the area. Busing accidents have the potential to seriously affect a rider’s entire life, from medical bills to lost time at work to life altering injuries. Those who have been involved in a public transit accident are urged to contact an attorney immediately as a number of statute of limitation laws apply and delay can limit your ability to make a claim.

The National Highway Transportation Safety Administration (NHTSA) reports that there were approximately 12,000 injuries sustained as a result of bus accidents in 2007 alone. Nearly 40 people died in these same types of accidents that year.

These statistics illustrate just how dangerous riding a public bus can be. Cutting wages for our bus drivers is no way to help ensure bus safety.

“I can tell you, positively, there will not be a work stoppage,” said John Bland of the Transport Workers Union Local 291. “We have encouraged all of the employees to report to work as usual.”

Through protesting bus drivers, people could potentially miss meetings, doctors appointments and work shifts. To help our residents get to their destination, the Miami-Dade Transit and Metrorail has called up retired transit drivers to help fill any shifts if needed, according to 7 News.

By recruiting the retired bus drivers, local officials may be putting our bus riders at even more danger. Drivers are required to be familiar with the bus route, the bus functions and the current traffic conditions. Calling in drivers that have not operated these vehicles in quite some time could put our riders at increased risks for an accident.

Although Miami-Dade Mayor Carlos Gimenez has a stated that it’s illegal for current bus employees to participate in any protesting actions, he still believes some will partake in opposing actions. He reiterates that there were be dire consequences to such individuals.

Besides poorly trained bus drivers, bus accidents can occur for a number of reasons:

-Bus driver negligence.

-Poor weather conditions, especially from rain during our Florida summers.

-Defective bus equipment.

-Dangerous roadways.

-Improper maintenance. Companies are required to ensure that their buses are properly maintained and meet a number of federal safety requirements.

-Dangerous or blocked bus stop areas.

Miami-Dade County has set up bus rider alerts that will inform those who sign up if something is to change with the current bus schedule.
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A recent early-morning car accident in Miami killed three motorists, including a mom-to-be and her unborn child. According to the Florida Highway Patrol, the accident happened when a vehicle, traveling the wrong way on Interstate 75 between Miramar Parkway and Miami Gardens Drive, collided with an oncoming vehicle. The accident closed the Interstate for five hours, according to WSVN 7. Police were notified about the wrong-way car but were unable to locate it before the accident.

Emergency responders transported three of the injured motorists to Jackson Memorial Hospital (JMH). The pregnant mother and her unborn child were later pronounced dead at the Ryder Trauma Center at JMH. The other two victims remain hospitalized.

Our Sunrise car accident attorneys understand how stressful being an expecting parent can be, but when you’re traveling among unpredictable motorists the stress level can be sky high. There are specific safety precautions that an expecting mother can take to help keep her and her unborn child safe on our roadways.

According to the Centers for Disease Control and Prevention (CDC), there are nearly 33,000 pregnant women involved in traffic accidents every year. Car accidents are the number one cause of death and serious trauma to women during a pregnancy.

Here are some tips to help keep you safe in a motor vehicle while you’re pregnant:

-Buckle up the right way. According to the National Highway Traffic Safety Administration (NHTSA), pregnant women should wear their seat belt with the shoulder portion over the collarbone. The lap portion of the seat belt should be worn under the abdomen and across the upper thighs, making sure it’s placed as low as possible. Never put the seat belt over the stomach. A pregnant woman should never put a seat belt behind the arm or back.

-Be a passenger as much as possible. As a pregnancy progresses, the uterus will get closer and closer to the steering wheel, eventually placing it in a potion to be crushed in the event of an accident. Ride as a passenger as much as possible.

-Stay far from the wheel. If a pregnant mother has to drive a vehicle, it’s important to keep the seat as far from the steering wheel as possible. Expecting mothers are urged to stay at least 10 inches away from the steering wheel.

-Don’t lean forward. This will minimize movement in the event of the accident. It will also allow the airbag to operate properly.

Don’t shy away from airbag. The NHTSA reports that both airbags and seat belts, when used together, offer an expecting mother the highest level of protection possible.

Seek the advice of a doctor if you’re an expecting mother and have been involved in an accident. The CDC reports that expecting mothers that are involved in car accidents and have not documented their injuries are at a higher risk of preterm labor.
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Two separate Palm Beach County car accidents ended with vehicles under water. The first accident happened in Jupiter. Palm Beach County Fire Rescue reports that a vehicle plunged into a canal on Jupiter Farms Road near 175th Road North. The driver was taken to Jupiter Medical Center, according to the Orlando Sentinel.

The second vehicle submersion occurred on Yamato Road near Boca West Drive in Boca Raton. This accident happened when two cars collided. One vehicle was sent flying into a nearby lake.

Our Boca Raton car accident attorneys understand the risks that Florida motorists face from vehicle submersion in our state. According to Operation Live, vehicle submersion comes with one of the highest death rates for any type of single-car accident. We ask that you familiarize yourself with the proper safety steps to take if you find yourself in a submerging vehicle.

According to the National Highway Traffic Safety Administration, there are nearly 250 vehicle-submersion accidents each year in which a least one person dies. The data goes on to specify that about 2 percent of these vehicle submersion accidents experience result from a rear-end accident, more than 10 had a major side crash, nearly 50 percent experienced a major frontal crash, about 15 percent didn’t involve a collision or a rollover and the remaining 23 percent were the result of a vehicle rollover and no collision. Every year, nearly 300 people die each year in these incidents.

There are three phases to vehicle submersion:

The floating phase: This is the first 30 to 120 seconds where the vehicle typically floats. This is time that occurs before water reaches the bottom of the windows. This is the phase your vehicle’s windows can be rolled down manually or broken if necessary. You do not want to open you doors during this phase because water will rush into the vehicle quickly and cause the vehicle to sink faster.

The sinking phase: This is the time that occurs when water rises from the bottom of your window to the very top and before the inside of the car fills up with water. During this time, air is still inside the vehicle and occupants are able to still breathe. It is very difficult to open your vehicle’s windows or the doors during this phase because the pressure of the water outside of the vehicle is so strong. As the vehicle gets filled with water, the vehicle will tilt engine down and begin to sink is a vertical position.

The submerged phase: During this phase, the vehicle is completely filled with water and there are no air pockets left in the cab. During this time the water pressure is the same both inside and outside of the vehicle. You should try to open the doors during this phase. However, your chance of surviving the submersion is very low during this phase.

Your best time to escape a sinking vehicle is during Phase I. Unfortunately, most vehicles on our roadways have power windows and you’re going to have to use the window to get out. This may be a little difficult because most power windows will stop working when the vehicle’s battery is shorted by water contact. Since you should not open your doors at this time, your best bet is still to remain seated and belted and to break the windows.
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The Southeast Florida Regional Transportation Plan 2035 is recommending that our area spends more than 60 percent of the available transportation fund on various alternatives for driving over the next 25 years. These alternatives include bikeways, sidewalks and expanded transit systems. Many residents suggest that these new forms of transit, including buses and trains, will reduce congestion on our Florida roads, but will end up increasing the time for getting to a specific destination, according to the Sun Sentinel.

Public forms of transportation will indeed reduce traffic flow on our roadways and decrease the risks of serious car accidents in Miami-Dade and elsewhere in the area, but many locals aren’t buying it. They’d rather zip down our expressways and cut of a few minutes of travel time along the way.

Our Fort Lauderdale car accident attorneys understand that the need for various commuting resources is expected to increase in future years, but one by 1 percent by 2035. The number of vehicle travelers is expected to decrease as well, but again only by less than 2 percent. Traffic congestion has been a target of local officials. After all, our area is ranked as the seventh-worst area in the entire United States for roadway congestion.

Public transportation is an important factor in many busy cities, but the attempt to get people out of their cars by adding rail transit has failed in areas time and time again. From 1972 to 2007, there have been about two dozen metro areas that have launched their own rail transit system. Only half of them experienced an increase in transit commuting. The other half experienced a significant decrease in transit share.

According to the U.S. DOT, the average transit commute takes twice as long as the average passenger-vehicle commute. For this reason, many locals completely oppose the area’s new plan for increased transit options.

Some do consider the addition of express lanes although. Express lanes are believed to offer a choice to drivers in congested expressways by allowing them to get through these congested areas at times when it’s important to get to their destination on time. They also believe that these new lanes will provide an less congested route for region-wide express bus services.

One of the ways that this area could benefit from a new rail system is though Gov. Rick Scott and the Florida DOT’s plan to use state money at the Port of Miami to allow cargo to be transported from the Port to its destination via trains rather than by big trucks on Interstate 95. This plan would benefit motorists of all types.

The debate will continue — multi-purpose express toll lanes or more public transit. Either way, motorists are left to deal with the problem at hand, the daily dangers of our busy roadways.
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The report from an internal affairs investigation of a boat accident more than a year ago on the Intracoastal Waterway involving a Palm Beach County Sheriff’s Deputy was recently released, reports The Palm Beach Post News.

The Sheriff’s Deputy who lost her arm in a drunk boating accident near Palm Beach will not be disciplined, despite the upheaval of opinions the decision has caused within the department. Following the decision of the lead internal affairs investigator, Capt. Larry Easton stated in a memo “Her off-duty conduct has brought discredit upon PBSO.”

Palm Beach personal injury lawyers understand the sensitivity of this case due to the fact that an officer of the law was allegedly operating the boat while under the influence of alcohol. Previous reports by the Palm Beach County State Attorney’s Office released months ago indicated that no charges would be filed because not enough evidence was available to prove beyond reasonable doubt that the Sheriff’s Deputy was operating the boat at the time of the crash.

She had signed the boat out from a private club with a friend earlier in the day indicating she would be operating the boat in a safe manner. But due to the nature of the accident, it is unknown who was operating when the accident occurred.

It is reported that another boat headed in the opposite direction created a wake which caused the driver of the boat in question to lose control, crash into pilings with a boat lift attached. The boat overhead fell onto the Sheriff Deputy’s boat, pinning her underwater for 2 minutes and defenseless against the boat propeller which slashed her arm. Her arm had to be amputated while the other passenger suffered from several cuts and a broken nose. Both boat occupants tested positive for a blood alcohol content level of almost twice the legal limit within 30 minutes of the crash.

This case is just another example of how boat operators should always practice safe driving behaviors in order to reduce serious injury or even fatality in a boating accident. We posted previously on our South Florida Injury Lawyers Blog that over 18 percent of boating accidents in 2009 were alcohol or drug-related. There were a total of 51 fatal boating accidents in 2009, which killed 65 people and injured another more than 400 people. Palm Beach County ranked third in reported boating accidents in 2009 with 56 accidents.

Whether you are a recreational boater or ride the waves for a living, boaters should never operate under the influence or drive a boat erratically. You can put you, your passengers, and other boaters in serious danger which can lead to severe injuries, fatality, and many times stringent consequences as a result of your behavior.
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A Fort Lauderdale woman and her two children were injured in a SUV rollover accident when a tire on her SUV separated, causing her car to flip several times earlier this week, according to The St. Augustine Record. The Florida Highway Patrol reported that she was heading northbound on Interstate 95 when one of the right tires separated causing her Ford Explorer to overturn.

Sport utility vehicles have the highest rate of deaths occurring in rollovers. Vehicles including the Ford Explorer, Toyota 4 Runner, Isuzu Rodeo and Honda Passport have all been popular cars that have seen their fair share of SUV rollover accidents in Miami and elsewhere. SUV rollovers are almost three times more likely to occur than the average passenger car, according to SUV Rollover News.

Our West Palm Beach car accident attorneys would like to point out that, from the beginning of the Firestone tire recall, Ford Motor Co. officials have continued to insist that these accidents with Ford Explorers are, in fact, a Firestone tire problem. No one wants to fess up to the faulty manufacturing.

“There are more than 3 million Goodyear tires on Ford Explorers that have not had, as far as we know, one tread separation problem,” Ford President Jacques Nasser told Congress. “So we know that this is a Firestone tire issue, not a vehicle issue.”

The Fort Lauderdale mother and one of her daughters were not wearing seat belts at the time of the accident. The child was ejected from the SUV. The older child, 8-months-old, was restrained by a child seat in the back seat.

According to Frontline:

-In the 10-year period during which Ford-Firestone related rollovers caused some 300 deaths, more than 12,000 people were killed in SUV rollover accidents unrelated to tire failure.

-The Ford Explorer is nearly 20 times as likely as the typical family car to kill occupants of another vehicle in a crash.

-A quarter of all vehicles sold in the United States are sport utility vehicles. SUVs are the most popular type of vehicle in America. The Ford Explorer is the most popular SUV in the world.

Ford Explorers that are equipped with Goodyear Tires have had a higher rate of tire-related accidents than any other SUVs, according to national fatal accident records.

“I’m not going to say there’s anything wrong with Explorers,” said James C. Whiteley, Goodyear’s vice president for global product and process quality. “Explorers are Explorers. Jeeps are Jeeps. Our performance on all the vehicles has been very satisfactory. People have taken tires for granted. Tires are a highly engineered technical masterpiece, but people have to realize that tires fail. If you don’t take care of a tire, we cannot make a tire that is indestructible.”
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There have been a number of products recalled recently by the U.S. Consumer Product Safety Commission (CPSC) to help prevent child injury in Port St. Lucie and elsewhere throughout the United States. The CPSC continues to protect the public from unreasonable risks of injury or death from a number of faulty consumer products under the agency’s jurisdiction.

Our Miami personal injury attorneys recognize how many dangerous products there are on the market nowadays. Thanks to the CPSC and its dangerous product recalls, we have witnessed a 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years. These products pose can pose threats of fire, electrical, chemical, mechanical hazards or can injure children.

Some of the CPSC’s latest child product recalls:

Little People Builders’ Load ‘n Go Wagon. Roughly 208,000 of these wagons were sold in the United States and another 2,800 in Canada. The back of the wagon’s plastic handle has molded-in reinforcement. The handle poses a laceration hazard if a child falls on it. The wagons were sold at mass merchandise retail stores nationwide from June 2009 through July 2011.

B. FunKeys. These toy keys with remote were made by Battat Inc., of Plattsburgh, N.Y. Roughly 1,080,000 were sold in the United States and another 3,600 in Canada. The metal toy keys and the plastic key ring can break. Children can potentially chose on these broken toys. Retailers nationwide and online sites sold this product from April 2010 to May 2011 for B. FunKeys and from January 2006 to December 2009 for Parents Magazine.

Disney Pogo Sticks. Nearly 200,000 pogo sticks were sold in the United States at Burlington Coat Factory, Kmart, Kohls.com, Target and Toys R Us from February 2009 through June 2011. Disney licensed its brand name to Bravo Sports, the maker of the pogo sticks. The bottom rubber tip attached to the pogo stick frame can wear out prematurely. The wearing of this tip can pose a fall hazard to consumers. The end caps on the handlebars can come off as well, which exposes sharp edges.This poses a laceration hazard to consumers.

Love.Hugs.Peace. Lapel Pins. These pins are from the Build-A-Bear Workshop®, of St. Louis, Missouri. About 26,500 of them were sold in the United States and another 2,200 in Canada. The surface paints on the lapel pin contain excessive levels of lead which is prohibited under federal law. The label pin is about 1.5 inch and features graphics of a heart, bear head and peace sign all positioned in front of a globe. The words “Love.Hugs.Peace.” are at the bottom of the pin. The pins were also sold on the Build-A-Bear website from July 2009 through October 2010.

The CPSC offers complete information regarding recalls and product safety news. You are urged to check out their recall database periodically to see if you have any products in your household that can potentially injury you or your family.
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Back in June, Governor Rick Scott signed a new law into office aimed at strengthening Florida’s “Silver Alert” program, which helps find missing elderly throughout the state. Scott signed the bill, SB 644, at the Palm Beach County Sheriff’s Office in West Palm Beach, according to NBC Miami. The law says that police, news media representatives and others have the responsibility of complying with requests to release Silver Alert information promptly, accurately and in good faith.

Each year, hundreds of seniors and others with Alzheimer’s or dementia will wander away, on foot or driving. If they’re not found within 24 hours, at least half of these elderly residents will suffer death or injury in Miami or elsewhere, according to the Alzheimer’s Association. As baby boomers age, that toll is expected to multiply.

While the law says that only a the law enforcement agency that has jurisdiction over a case can request activation of a Silver Alert, our Fort Lauderdale personal injury attorneys ask that everyone cooperate with the alert and keep an eye out for the missing person. Information pertaining to these alerts is publicized on electronic flashing road signs.

Our state’s Silver Alert Program has been in place for three years now. Since the initial launch of the program, more than 40 senior drivers have been located through the program.

The Silver Alert program first began in Oklahoma in 2005, according to the Sun Sentinel. Florida decided to pick up the program because of its overwhelming elderly population. Our state currently houses 4.45 million people over 60, with 1.7 million of them over the age of 75, says Ashley Marshall, spokesperson for the state’s Department of Elder Affairs.

“The beauty of Silver Alert is that it’s something people can remember. If you just say ‘Silver Alert,’ people know there’s a confused elderly person out there who needs help,” Carlos Higgins of a senior advocacy group, the National Silver-Haired Congress.

There are at least 5.2 million Americans that currently suffer from dementia. Research shows that 6 out of 10 of those with the condition will wander. Only 4 percent of those who leave home alone are capable of finding their way back without help. According to the Alzheimer’s Association, more than 60 percent of Alzheimer’s patients will, at least once in their lifetime, wander and become lost.

“This tragedy unfortunately highlights the very real problem of older residents, many of whom suffer from diseases which leave them easily confused and disoriented, wandering away from their homes or care-giving facilities and meeting harm because family, friends and authorities could not find them in time,” said U.S. Rep. Gus Bilirakis (R-Fla.).

For there to be a Silver Alert issued in the state of Florida, the missing person must be 60-years-old or older and there must be “a clear indication” that the person has suffered some deterioration of “intellectual facilities.”
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