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If you think bottle rockets, sparklers and small firecrackers are without risk because of their size you would be wrong according to new data recently released by the U.S. Consumer Product Safety Commission (CPSC).

Our Fort Lauderdale injury lawyers know that the Fourth of July has passed, but understand people will still be using fireworks throughout the summer. Please use these celebrate responsibly by not drinking and driving, engage in safe boating activities, and stay away from handling fireworks.

Data from the Consumer Product Safety Commission indicates that last year, during the 30 days surrounding July 4th, these small fireworks were responsible for sending roughly 1,900 consumers to emergency rooms. For the year, legal and illegal fireworks sent nearly 8,600 consumers to the hospital. Sadly, three people were killed in firework-related accidents. Of those injured by fireworks, about 40 percent were children under the age of 15.

“From purchase to ignition, know how you and your family can stay safe and which fireworks are allowed in your state if fireworks are part of your July 4th celebration,” said CPSC Chairman Inez Tenenbaum. “Never assume that a fireworks device is safe based on its size and never allow young children to play with or light fireworks. By knowing the dangers of all types of fireworks, consumers can prevent tragedies.”

CPSC recently hosted its annual fireworks safety press conference, demonstrating the dangers related to legal and illegal fireworks. During the 30 days surrounding last year’s Fourth of July holiday, nearly 6,300 people were injured by all types of fireworks. Sparklers, firecrackers and bottle rockets accounted for about 40 percent of those injuries.

The hands, face and head are the common areas most injured by lacerations or burns. A joint effort by the CPSC, the U.S. Customs and Border Protection (CBP) along with permanent staffing at the Import Safety Commercial Targeting and Analysis Center (CTAC) in Washington, D.C. was established to put into service new enforcement measures meant to stop the manufacturing and sales of illegal fireworks.

New procedures for selecting and identifying fireworks at ports began in 2010. CPSC staff would test selected fireworks to see if they complied with the Federal Hazardous Substance Act (FHSA). Nearly 45 percent of the fireworks that were tested did not comply with the FHSA.

Working closely with their federal partners, CPSC is enforcing fireworks regulations, prosecuting manufacturers of illegal fireworks, and trying to educate the public about the dangers associated with non-compliant fireworks. Recently the CPSC sent a letter to the industry about “adult snapper” devices. The letter cautions that an “adult snapper” is not manufactured in the same manner as a traditional “snapper.” The “adult snapper” contains several milligrams of pyrotechnic composition, which CPSC considers equal to the regulatory definition of a firecracker.

Keep these safety tips in mind if you decide to purchase legal fireworks:
-Never let young children play with fireworks.
-Before buying or using fireworks, make sure they are legal in your area.
-Don’t buy fireworks that are wrapped in brown paper. This usually indicates that the fireworks were meant for professional displays and are extremely dangerous.
-Adult supervision is always needed during firework activities. Even using sparklers need supervision, their temperatures can reach up to 2,000 degrees!
-Never lean over a fireworks device when lighting the fuse or light more than one at a time. Move quickly away immediately after lighting any fireworks.
-Never re-light or pick up fireworks that haven’t gone off.
-Never point or throw fireworks at anyone and never carry fireworks in a pocket or shoot them out of metal or glass containers.
-Keep water close by in case there is a fire or other mishap. Douse all fireworks with water before throwing them in the trash.
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As the Fourth of July holiday weekend quickly approaches, West Palm Beach Personal Injury Lawyers wish you and your families a safe and enjoyable time.

As South Florida Injury Lawyers Blog has previously detailed, car accidents in West Palm Beach and boating accidents throughout South Florida will happen as millions of people will be enjoying the time off from work and the warm weather.

But other areas of concern, such as fireworks injuries as well as swimming pool and drowning incidents should be on people’s minds this weekend and for the rest of the summer.

Fireworks accidents:

The Centers for Disease Control and Prevention reported in 2008 that more than 7,000 people were treated in emergency rooms for fireworks-related injuries. That same year, seven people died in fireworks accidents.

The data also revealed that child injuries are especially common when dealing with fireworks. Leave the fireworks up to the professionals. Gather wherever county officials will be displaying large fireworks and don’t use potentially dangerous flying fireworks or sparklers that can burn up to 1,000 degrees in your own backyard.

With drought conditions as they are throughout Florida, this can not only cause dangerous brush fires, but also cause injuries to the hands, fingers and eyes. The CDC reports that nearly 60 percent of fireworks injuries happen each year to people 20 or younger.

Swimming pool accidents:

But while fireworks are typically only used during certain holidays, swimming pools are used almost year-round in Florida, and certainly in the summertime. With children out of school, they are more apt to want to use the family pool or go to the community pool to swim and play.

Swimming pool accidents in West Palm Beach always provide for heart-breaking news reports, especially because most of these are preventable. Don’t assume your child will be safe, walk away and come back to find them at the bottom of the pool. It can only take a second and you may lose a child.

According to research by the Florida Department of Health, Florida ranked third in the country in its rate of unintentional drowning deaths from 1999 to 2003. Among toddlers, Florida had the most drowning deaths in the country in that time period.

These are sad statistics, but they go to show us that swimming pool accidents and deaths are preventable. An adult should always be within reach and make sure children don’t get trapped or sucked into powerful drainage systems. And remember, near-drowning accidents can cause long-lasting medical issues, some that don’t present themselves for months or years.

While swimming can be enjoyable and refreshing in the hot Florida summer, it can also be dangerous, so just be careful. Show extra care and don’t take for granted that your child will be 100 percent safe.
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The recent decision of Florida’s Legislative Budget Committee to reject federal Money Follows the Person (MFP) dollars is an outrage to nursing home residents and their families.

“What are Florida policymakers doing to help protect nursing home residents,” writes Brian Lee in The Gainesville Sun. He is the Executive Director of Families for Better Care, a citizen support group dedicated to quality nursing home care.

Our West Palm Beach personal injury lawyers and Fort Lauderdale elder abuse attorneys are equally concerned about the decisions policymakers are making regarding our elderly population.

Governor Rick Scott and the Legislature recently approved a budget that cut Medicaid dollars for resident care and decreased direct care staffing hours by 18 minutes per resident per day. This is huge for residents who require complete support from their caregivers.

Recent studies on staffing at nursing homes reveal that quality and quantity of staff directly effects care given to residents. This comes as no surprise to families, residents and advocates who have known this fact for years. It seems obvious that decreasing nursing home staff will endanger residents.

The federal government set aside over $2 billion for the Money Follows the Person initiative through the Affordable Care Act to allow nursing home residents who receive Medicaid to have the choice to actually pick where they want to live; either in an assisted living facility, in a nursing home or at home with assistance.

To date, 43 states and the District of Columbia have engaged in various MFP projects making the initiative prominent for increasing service options to consumers. The program permits long-term care to be changed from provider-driven to a “person-centered” model. This is the exact opposite of Florida’s proposed Medicaid managed care plan that would force residents into health management organizations with very few available options.

Most nursing home residents, when asked, would prefer to live at home. The only issue with them staying at home is a need for funding and an organized structure to support their health care requirements. How sad is it that the federal government wants to write Florida a huge check for almost $36 million but our elected officials have said “no thanks”.

These officials claim that the funding will only last through 2016 and the state might have to pick up the tab later. While that may be true, there is an option to ask for unused federal dollars that could be utilized until 2020. Don’t these law makers understand that hundreds, maybe even thousands of nursing home residents no longer have the option to seek health care outside of a nursing home because of their decision?

Florida not only turned its nose up to nearly $36 million it also gave up a sizable amount of unrealized Medicaid savings. In Florida, the average annual cost of nursing home care is $76,777, assisted living facility care is $31,950 and in home health care costs average about $40,000. This means two people could be cared for outside of a nursing home for the cost of one inside a nursing home facility.

Taxpayer savings coupled with a higher quality of life for residents, the Money Follows the Person plan appears to be a win-win for everyone! But whenever there is a winner there is a loser, and the losers in this deal could be the nursing home industry and the insurance companies.

Collection revenues for nursing homes could suffer with lower occupancy rates and the select insurance companies privy to be a part of the managed care plan group would encounter additional competition from alternative care options for residents. This would be a good thing for consumers as it drives down costs and boosts service delivery.

So Legislative Budget Committee, Florida Legislature and Governor Scott, reconsider your decision and accept the MFP funds, perhaps using these savings to restore staffing ratios in nursing homes and preserving quality care.
Brian Lee, Executive Director of Families for Better Care, a citizen advocacy organization dedicated to quality nursing home care.
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Many consider Memorial Day weekend to be the official start to the boating season, but in Florida, it always seems to be boating season, with our beautiful weather and the ocean, waterways and lakes. So, West Palm Beach Boating Accident Lawyers warn boaters to take extra precautions to be safe this holiday weekend while enjoying your watercraft.

But as we approach the Fourth of July holiday weekend, more boaters than ever will likely be enjoying the spray of the water and the warm weather South Florida has to offer. But as the Florida Fish And Wildlife Conservation Commission points out, boating accidents in Palm Beach County are common. With more than 940,000 registered vessels in Florida, the opportunity for collisions is there.

According to data compiled in 2010, Palm Beach County ranked third in the state in boating accidents. Of the 60 reported accidents, six involved fatalities and 18 accidents included injured passengers.

And we have seen such devastation right here in our community. CBS News reported recently that two 16-year-old boys were arrested on charges related to a boating accident that caused a teenage girl to lose part of her leg.

According to officials, the teens traveled into a designated swimming only area and ignored warnings to leave, plus they didn’t tell law enforcement of the accident, where the girl’s leg got caught in the propeller as she tried to climb into the boat.

These types of severe injuries are devastating, but avoidable. FWC says most of the accidents in 2010 — about one third of them — were caused by operator inattention. Excessive speed and alcohol use were also heavy factors in Palm Beach County boating accidents. Mostly open and cabin motorboats were involved in the accidents, but also personal watercraft.

As boaters know, an injury on the water can be more serious than an injury on land for several reasons. For one, the possibility of drowning exists. If a person suffers severe injuries and is rendered unconscious, there is always the risk that they could die. Florida’s 68 fatalities in 2010 was tops in the nation, not something for which to be proud. July 2010 was the second-deadliest month last year, while the majority of boating deaths occurred in the late afternoon and evening hours.

According to FWC research, 62 percent of those killed in boating accidents drowned. Another 34 percent died of some type of trauma, while in 4 percent of cases, the cause isn’t known. Regardless of the cause, it’s obvious that boating can be dangerous.

And what adds to the seriousness of the situation is dealing with emergency crew response times. With thousands of boats on the water and limited resources by the U.S. Coast Guard, local law enforcement marine units and others, getting help may take a while. And that’s why being extra cautious is that much more important. We want you to enjoy yourselves and the only way to do that is to be safe.
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Two boys remain in serious condition after a Fort Pierce bicycle accident, reports the West Palm Beach News.

The bicycle accident resulted in two young boys being flown by helicopter to two different trauma centers. Witnesses report both boys were riding on the same bicycle when they were struck by a car at 3102 Q Street around 8:30 p.m. The crash remains under investigation.

The National Highway Traffic Safety Administration (NHTSA) reports that 630 bicyclists were killed on U.S. roadways in 2009, down from 718 in 2008. Data showed 74 of the victims were 14 or younger, a decline of 58 percent from the 178 killed in 2000. Cyclist deaths accounted for 2 percent of all 2009 traffic fatalities. Additionally, 51,000 cyclists were injured in traffic-related accidents in 2009 — a drastic increase from 43,000 in 2007.

How should small children dress while riding?

-Fluorescent or bright-colored clothes will make kids more visible than wearing dark clothing.

-Wearing lightweight clothes will help them from getting overheated.

-Never wear pants with loose-fitting or flared legs that could get caught in the chain while riding.

-If your child carries a backpack while riding, ensure the straps are tied so they can’t get tangled in the spokes of the wheels.

-Never ride a bike in bare feet. Wear appropriate footwear that will grip the bike’s pedals.

Safety tips all children should know before riding a bicycle:

-Wear a properly fitting bicycle helmet.

-Obey all traffic lights and stop at all stop signs. Be extra careful at intersections.

-Ride in the same direction as the traffic — never ride against traffic.

-Kids younger than 10 should ride on the sidewalks; older kids should use bike lanes or designated bike routes.

-Never ride in the dark.

-When leaving an alley, driveway or a curb, always stop and look for traffic in both directions.

-Pay close attention to turning cars or cars leaving driveways.

-Don’t ride close to parked cars as their doors can open unexpectedly.

-Follow traffic signals and use a crosswalk to walk a bike across a busy intersections.

-Ride single-file when riding in a group.

-Pass other cyclists or people on the road on their left.

-Only one person should be on a bike at a time.

-Don’t use electronic devices while riding.

-Stay seated while riding.

-Always look before changing directions or lanes, and always use hand signals.

Keep your child’s bike in good shape:

-Inflate tires to the correct pressure that’s indicated on the sidewall of the tire.

-Make sure the chain is well-oiled and clean of road grit.

-Ensure that the handlebars are tight and adjusted properly for your child.

-Make sure brake pads are not worn out and look for frayed cables.

-Adjust the seat height so your child’s feet can touch the ground.
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A woman and her son are lucky to be alive after being struck by a pickup truck crossing the street, according to the South Florida Sun Sentinel.

In a previous post to our South Florida Injury Lawyers Blog, our Fort Lauderdale personal injury lawyers reported that Florida is the most dangerous state for pedestrians.

The accident happened around 10 a.m. at the intersection of Northwest 19th Street and Northwest 29th Avenue. A young mother was pushing her toddler across the street in his stroller when the two were hit by the pickup. Both victims were taken to Broward General Medical Center. According to law enforcement, the victims were not in a crosswalk when they attempted to cross the street. The driver of the pickup was not speeding, stopped after the collision and was not cited.

Strollers are a means of transporting children quickly across pavement or hard-floor surfaces in stores. They are built to fold up easily, which exposes children to hinged parts that can cause injuries. Every year, more than 13,000 children younger than 3 are injured in stroller accidents.

A retrospective study on stroller injuries reviewed more than 65,000 stroller injuries reported between 1994 and 1998 by National Electronic Injury Surveillance System of the U.S. Consumer Product Safety Commission. The study found the rate of injury was 184 per 100,000 children. Boys and girls were injured on an almost equal basis and the average age of those injured was 11 months. Most children are injured because they fall out of the stroller (76 percent), while a stroller tipping causes 11 percent of accidents. The remaining injuries were from the stroller collapsing or being hit by a motor vehicle. Head and facial injuries occur 87 percent of the time, followed distantly by bruises, lacerations, fractures and closed head injuries.

How to prevent stroller accidents:

-Statistics clearly show that falling out of strollers is the leading cause of injury in stroller accidents. Parents and caregivers need to securely fasten the stroller’s restraint system. Similar to car seats, the safety harness must be secured properly to keep the child in place. Some accidents happened because the safety harness wasn’t secured at all, or only the lap belt was used. To keep young children from sliding under the lap belt, the crotch strap needs to be secured.

-Young children like to move around, so they need to be watched at all times. Children have died from being strangled by the leg straps when they have slipped under the lap belt. Children have also died by suffocation after being incorrectly positioned in the stroller.

-Children should be removed from the stroller prior to going up and down stairs. Tragic accidents have occurred when strollers have been dropped or rolled down steps.

-Keep one hand on the stroller at all times and always use the brakes. Periodically check the brakes and moving parts to make sure they are in good working order.

-Know your stroller’s “pinching potential” points and make sure children don’t put their hands or fingers near these points. Never hang heavy bags or purses on the stroller handles — it could cause the stroller to tip backward.
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The National Safety Council has been raising awareness about summertime safety throughout the month of June in an effort to reduce the number of unintentional injuries sustained at work and at home. We first posted about the frequency of unintentional injuries leading to hospital visits on our South Florida Injury Lawyers Blog earlier this month. Slip and fall injuries are the most common avoidable injury and can happen at home, local establishments and at work.

West Palm Beach personal injury lawyers want to remind residents that if you are victim of a fall that occurred at work, in a nursing home, or at a place of business, you should contact an experienced accident attorney. Medical costs and personal suffering will become a burden, and you have a right to be compensated.

The week of June 19-25 is aimed at preventing slips, trips and falls. The NSC estimates that 8.6 million visits to hospital emergency rooms each year are the result of a trip or fall accident.

Older adults are most at risk, and falls occurring in this age group can sometimes be severe enough to alter your personal freedom or independent lifestyle. Adults 65 and older are four times more likely to die in a fall than any other age group.

The NSC recommends these tips to prevent falls at home:

-Create a fall-proof environment in your home by keeping clutter to a minimum, especially on steps and walkways that you use frequently.

-Purchase skid-proof rugs to be placed in slippery areas.

-Keep staircases and hallways well-lit by turning on lights as you walk from room to room.

-Handrails are a must on stairways. It is also advised that bathrooms are equipped with handrails.

-Tuck away any phone cords, television cables or electrical cords so that they can’t be tripped on.

-Refrain from waxing floors routinely as it makes them more slippery. Clean up water or other liquid spills quickly.

-If you need to reach something up high, get a steady step ladder or stool with rails to help you reach and keep you steady.

-Prescribed medications often have side effects like weakness or dizziness, which can cause you to fall. Take accurate doses to reduce the risk of falling.

Children are also at a high risk for fall injuries. The NSC offers these additional safety tips for children:

-Use safety gates around stairs and entrance ways to keep small children contained.

-Keeps windows closed and locked around small children. Remove furniture or objects near windows that children can easily climb on to get to windows.

-Use slip resistant stickers or a rubber mat in the bathtub to reduce the risk of slipping on a slippery but hard surface that could cause severe injury.

-Never allow children to play unsupervised on balconies or fire escapes.
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GMAC Insurance recently released the results of its National Drivers Test, and the final test scores weren’t too impressive.

One out of every five drivers were unable to meet the basic requirements to get a driver’s license. That means that about 37 million Americans would not pass the written drivers test. These results clearly indicate that the risk of a car accident in Miami or elsewhere in the United States is high.

”The GMAC Insurance National Drivers Test has become the benchmark for America’s driving IQ,” said Scott Eckman, chief marketing officer, GMAC Insurance. ”All Americans need a refresher course when it comes to rules of the road and it begins with education. We’re hoping this year’s GMAC Insurance National Drivers Test results will inspire drivers to arm themselves with the knowledge they need to stay safe.”

Florida ranked 37th out of the 50 states. While we may be relieved our state wasn’t ranked last, 37th isn’t something to brag about. Our Fort Lauderdale personal injury attorneys would like to tell you that our state’s average test score was 76.5 percent. We only scored a 0.3 above the national average. It’s no surprise that we see so many fatal accidents on our roadways. It is with adequate driver education that we can attempt to turn around these statistics and scores to help make our roads safer for everyone.

The nation’s average score was 77.9 percent. This is an increase of 1.7 percent from the previous year. Still, these results show that a number of U.S. drivers lack basic driving knowledge and engage in dangerous driving habits. According to the test results, about 85 percent of drivers were unable to identify the correct action to take when approaching a steady yellow light. Another 25 percent were unable to identify what a safe following distance is.

Without knowledge of the basic driving rules and regulations, a number of drivers are at risk of being involved in a serious or fatal accident. GMAC conducts this National Drivers Test to remind all motorists that it is critical to re-up their driving skills and knowledge before they do experience one of these accidents.

Highlights from the GMAC National Drivers Test:

-Men typically test better than women. Men test scores averaged at 80.2, while women averaged a 74.1 percent. One out of every four women tested return a failing score.

-The Northeast region of the country scored the worst with an average of 74.9 percent.

-The Midwest region returned the tops test scores with an average of 77.5 percent.

-Older drivers, ages 60 to 65, submitted the highest test scores of any age group. Their average score was an 80.3 percent.

-One of every three drivers in New York and Washington D.C. failed the test.

-Wyoming returned the lowest percentage of failures.

You are urged to take the National Drivers Test to see where your driving skills stand.
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The summer months are here and so are higher risks for a car accident in Fort Lauderdale and elsewhere throughout the United States.

The U.S. Department of Transportation recently released a consumer advisory urging all motorists to check the inflation of their tires and to check for signs of tread wear and damage. This advisory coincides with National Tire Safety Week. The summer heat and scorching pavement increase your risks for a tire-related accident.

“As the weather warms up, it’s especially important for drivers to ensure their tires are properly inflated,” Secretary Ray LaHood said. “For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation.”

Our West Palm personal injury attorneys understand that many residents will be venturing out onto the roads for vacations this time of year. For this reason, safety advocates are urging motorists to take the proper safety cautions to ensure your safety behind the wheel this summer. Please take proper care of your vehicle to help keep you, your family and other motorists on our roadways safe during the next few months of busy travel.

According to the most recent data from the Department’s National Highway Traffic Safety Administration, roughly 3,400 people died from tire-related accidents from 2005 to 2009. Another 116,000 were injured.

“While it’s true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips,” NHTSA Administrator David Strickland warned. “Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster.”

Motorists are urged to check their tire pressure regularly, especially before long trips. You are also urged to make sure your tires have not significantly aged. Hot weather and aging tires can prove to be a deadly combination because older tires are more susceptible to head stress. This risk increases even more if the aged tires are not properly inflated. Motorists can check the sidewall of their tires to see how old they are. You can also check with the owner’s manual or the with the tire manufacturer for recommendations on how often you should change you tires.

Inflating your tires to the proper PSI (pound per square inch) can also help you keep some cash in your pocket as the Department of Energy‘s reports that under-inflated tires can lower your vehicle’s gas mileage by nearly 0.5 percent for every 1 PSI drop in pressure of all four tires.

In vehicles with a fuel-economy rating of 30 miles per gallon and a tire pressure recommendation of 35 PSI, a tire pressure drop of just 25 percent would cost you a loss of nearly 9 percent in fuel economy. This means you would lose almost three miles per gallon.
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Florida has the most pedestrian deaths in the country, ranking it the most dangerous place for pedestrians, according to a pedestrian safety report released by Transportation For America.

The 2011 edition looks back on the 47,000 people killed walking along roadways in the United States. It also looks back on the 688,000 injuries sustained from these pedestrian accidents in Fort Lauderdale and elsewhere throughout the country. Now, in an attempt to reduce the risks of these accidents, Dangerous by Design 2011 will examine the information and attempt to form solutions for these preventable deaths.

The new report comes with a number of features. You are able to view fact sheets that are specific to each of the 50 states and you can even look, through interactive pedestrian maps, at the pedestrian fatalities that have occurred in your very own community.

Our Miami personal injury lawyers would like to stress the importance of this report as it illustrates our deadly streets. Florida experienced the most pedestrian deaths during the examined time period, 2000 to 2009. Florida metro areas took the first, second, third and fourth place for having the most dangerous metro areas in the country. We hope the release of this report will help raise awareness about the importance of safe and alert driving.

During the studied years, more than 5,000 people were killed while walking the streets of Florida. These accidents cost the state more than $22 billion. The Sunshine State has a Pedestrian Danger Index (PDI) of 182.8, which is what gives our state the number one ranking out of all 50 states.

The areas that saw the most pedestrian fatalities in Florida are:

-Miami-Fort Lauderdale-Pompano Beach, 1,555

-Tampa-St. Petersburg-Clearwater, 905

-Orlando-Kissimmee, 557

-Jacksonville, 342

-Cape Coral-Fort Myers, 178

Most of these pedestrian accidents happen along arterial roads. These roads are dangerous by design as they fall under federal construction and planning and are meant to accommodate speedy traffic flow. These roadways have little to no safety provisions for on-foot travelers.

The highways-only lobbyists insist that pedestrian safety is a mere luxury, an unnecessary feature, that is the responsibility of local government. Meanwhile, almost 70 percent of these pedestrian deaths occurred on federal-aid roads.

The federal funding that goes toward the safety of pedestrians only makes us less than 1.5 percent of the entire federal transportation outlay. This tiny bit of funding may cease as Congress is currently looking at eliminating it altogether. Shouldn’t we have a say in where our tax dollars go?

If you would like to help increase the safety of our roadways, you are asked to contact Congress to tell them that it is no time to start cutting funding that could keep our pedestrians safe.
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Phone: 561-999-9999
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Plantation, FL 33324
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Miami, FL 33156
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Maitland, FL 32751
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