The Burning Question: Are iPhones Safe?

A rash of reports, not just in the United States but in other countries such as UK has literally placed the hot gadget iPhone under fire.

Incidents of iPhones and iPod Touches exploding has triggered several safety agencies investigating the matter such as the European Commission. There have been several reports of consumers getting injured when using the iPhone, one user got eye injuries when shards from the burst unit struck his eye and there is another report when an overheated iPhone in Netherlands caught fire and burned the backseat of a car.

Technology experts however, have pinpointed that the culprit behind the hot and explosive phones -- iPhone's built-in lithium-ion battery. Although the rechargeable batteries are not inherently dangerous, it can overheat, spark, and burst into flame thus leading to all sorts of mayhem like injuries, wasted money, etc.

American safety officials however, are not likely to issue a product recall. The federal authorities say that there is no need for massive recall based on the small number of reported incidents. There are only 15 documented cases in the U.S. against hundreds of millions of iPods sold and only around five cases of iPhones/iPod Touches have exploded out of about 40 million.

So if the feds aren’t really making any move to order a product recall, then Apple is just as unlikely to issue a recall of its own products as well. Given their popularity with the consumers, all Apple did was basically say that while they are aware of the reports of exploding iPhones, they are also waiting for the users to bring their defective products. But otherwise, everything is good in terms of their products.

In a fair world, consumers are supposed to get value for the money. An iPhone or an iPod touch is hardly a necessity but people still continue to buy these expensive items because they really want the product, it is actually a status symbol for the hip and trendy generation.

Naturally, when buyers part with their cash, they expect to enjoy their purchase. But a product blowing up in the user’s face is hardly fun and not to mention, potentially dangerous especially if the fire spreads.

It then becomes the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale. Consumers who are harmed by an unsafe or defective product have a cause of action against said persons who designed, manufactured, sold, or furnished that product.

Old Female Pedestrian Killed by 65-Year Old Driver

Gail Connelle, a 64-year old employee of Walgreens, was on her way to work when she was struck down by a 65-year-old man who was driving a Lexus on Beach Boulevard.

Lt. Ted Boyne of the Orange County Sheriff's Department said that Connelle began crossing the street eastbound when she was hit by the Lexus. She was rushed to the hospital due to serious injuries but died shortly after.

Her brother Michael Caserta of Garden Grove said that Connelle always took extra care when she would come and go. Currently, there have been no citations or arrests made as the incident is still under investigation.

Authorities are investigating whether Connelle was walking within the crosswalk when she was hit by the car.

Pedestrian safety is a serious issue. A pedestrian is any person on foot or who uses a conveyance such as roller skates, skateboards, or even a person with a disability in a wheelchair. According to the National Highway Traffic Safety Administration, one in six traffic fatalities is a pedestrian.

Pe¬destrians have the right-of-way in crosswalks. Motorists are supposed to respect the right of way and yield to pedestrians crossing at corners or other crosswalks, even if the crosswalk is in the middle of the block and at corners with or without traffic lights, whether or not the crosswalks are marked by painted lines.

While the law states that drivers must take care for the safety of pedestrians, pedestrians likewise have the responsibility to take care of themselves and make sure they obey all traffic rules and signals.

Another thing pedestrians have to do is to practice defen¬sive walking and be aware and look out for im¬patient drivers before assuming that you have the right-of-way. Pedestrians should not suddenly leave a curb or other safe place and walk or run into the path of a vehicle close enough to be a danger to you even if you are in a crosswalk.

The law won’t be able to help you if you walk or run straight into the path of a driver who can’t stop in time to avoid hitting you.

CHP Cracks Down on Bay Area Drivers Who Use Cellphones

It looks like Californians just don’t know when to quit a bad habit.

For the second time this month, the California Highway Patrol (CHP) and police agencies will be cracking down on motorists who just can’t keep their hands off their cell phones while driving.

Last August 11, 2009, more than 650 citations to motorists talking on mobile phones while driving. The citation comes with a hefty price as first-time offenders would have to pay a fine which ranges from $120 to $150.

According to CHP spokesman Sgt. Trent Cross, they will be aggressively seeking out and taking enforcement action against violators in the Bay Area. If it is unavoidable to use cell phones while driving, the police are encouraging the use of an earpiece or other hands-free device to talk on cell phones while driving.

Likewise, the police wants to emphasize and remind drivers, especially those under 18 that they are banned from using cell phone at all while driving.

Cellular phones have quickly become an indispensable tool for most people in this generation. According to the Cellular Telecommunications and Internet Association, there are more than 262 million wireless cell phone subscribers, representing 84 percent of the US population as of June 2008.

Because of the fact that almost everyone has a cellular phone and the fact that there is always a demand to stay connected and up to date, even if common sense dictates that using a cell phone while driving is dangerous, a lot of people still try to get away with it because they don’t think anything bad is going to happen if they take a few seconds to text while driving or to chat.

But it’s those seconds used in talking or texting that make a difference between safety and an accident. According to the Insurance Institute for Highway Safety, phone conversation tasks typically decreased reaction times and travel speeds and increased lane deviations and steering wheel movements.

Receiving and sending text messages also considerably impaired the driver’s performance, it has been proven to lead to decrements in driving behavior, particularly reaction time and lane keeping ability.

Some citizens may find these cell phone bans as a bother and the constant crackdown of the authorities as a hassle. But in the long run, these actions could save these errant motorists’ lives. Using a cell phone while driving may seem like a small thing but drivers shouldn’t underestimate the purpose of the law and overestimate their driving skills.

Child Pedestrian Safety is the Driver's Responsibility

Death is never easy, and for parents who have lost their beloved children too soon, the death of their child is the personification of injustice.

The parents of a 5-year old boy who was struck and killed by a truck has filed a wrongful-death lawsuit against the truck driver, the employer of the truck driver, the school, the bus driver as well as the school employee who was watching over the children.

Zachary Cruz was in kindergarten at LeConte Elementary School. He was headed toward the UC Berkeley’s Clark Kerr Campus for an afterschool program when he got run over by the truck while crossing the street.

The police have ruled that Zachary’s death was an accident.

Pedestrian deaths account for 11 percent of all motor vehicle fatalities. While the rate of pedestrian deaths in motor vehicle crashes are the highest for people ages 70 and older, children still make up a huge percentage of pedestrians who are killed on the road.

According to the National Highway Traffic Safety Administration (NHTSA) Child pedestrians are at higher risk for injuries than adults as nearly one out of every five children ages 5 to 9 years who died in traffic were pedestrians.

The American Center for Disease Control and Prevention say that the smaller size of children make it difficult for motorists to see them and coupled with a child’s inability to judge distances and speeds as well as their lack of experience with traffic rules, make children vulnerable to getting hurt or killed as pedestrians.

Child pedestrian safety as a real concern. While some accidents are unavoidable, drivers should exert utmost diligence and care especially near crosswalks and school areas in order to reduce the chances of hurting a pedestrian.

Speed is also a huge factor in most pedestrian accidents, oftentimes, motorists go too fast to stop in time from striking a pedestrian who suddenly stepped off a curb or who is crossing the road. Drivers should reduce their speed to avoid not just motor vehicle collisions, traffic rule violations but also pedestrian deaths.

Children, given their tender age and lack of knowledge and experience are vulnerable in more ways than one. It is the responsibility of drivers and other adults to exercise greater care and caution and make sure that a child pedestrian is guided and protected at all times.

The Driving Force behind Cash for Clunkers

Get cash for a new car, save the environment and aid the ailing auto industry – this was a powerful package which has proven to be difficult to resist as Americans have flocked to their auto dealers to make use of the government’s clunkers rebate.

While obviously, it was President Barack Obama who drove the “Cash for Clunkers” car purchase program or Car Allowance Rebate System forward, the budget to replenish its dwindling funds now rests on the hands of the Senate.

Early on, the initial budget of the program which was $1 billion dollars has been close to depleted by Tuesday’s record $664 million worth of transactions as Americans clearly embraced the program.

The popular program, which provides buyers of new cars and trucks rebates of $3,500 to $4,500, has allowed about a quarter-million to buy new cars at time when consumer spending is low and the economy is still in recession.

However, while the US Senate has vocalized it would approve of the additional $2 billion budget, the White House had warned that Clunkers could come to an abrupt halt on Friday if the Senate didn't pass the House bill before their August recess.

The additional $2 billion will come from an economic stimulus account that had been set aside to subsidize renewable energy and is expected to support the program all the way to September.

According to the National Highway Traffic Safety Administration, most consumers are buying smaller, more fuel efficient vehicles under the program. Top picks are Honda Civics, Toyota Corollas and Dodge Calibers.

Ford credited the clunkers program for its sales which rose to 2.4 percent in July, its first year-over increase since November 2007.

Aside from more fuel efficient cars and the economic boost, clunkers would also be beneficial for many motorists who were then unable to replace their old and often, malfunctioning cars.

Age and poor maintenance can take a toll on vehicle safety and performance and this can contribute to car accidents because of vehicle condition or equipment failure.

Take for example, older model SUVs with a high rollover incidence rating. A fiery rollover accident which killed five people in Mission Viejo involved an older model of a Chevrolet Tracker. Some drivers and their families stick it out with the dangerous vehicles because they can’t afford to buy a new car.

Sure, Republicans are grumbling over the costs but in the long-run, cash for clunkers will not only save the environment and the lives of so many people – it can also save the government a ton of cash.

According to the U.S. Department of Transportation, the total societal cost of motor vehicle crashes exceeds $200 billion annually.

Now that’s enough to drive everybody else to support cash for clunkers.

Hospital Settles Whistle Blowing Suit

One industry which was unshaken by the global financial crisis is the health care industry.

Regardless of the economic conditions, people go to the hospitals or medical providers to be treated from various illnesses.

But some hospitals have gone beyond the dictates of ethics and morality by violating the Medicare’s anti-kick back rules.

The Tulare Regional Medical Center and its parent, the Tulare District Healthcare System agreed to settle a whistle blowing suit for $2.4 million. The complaint alleged that both provided doctors with office rent and land sale considerably below fair-market value. The hospital and the health care system were also alleged to forgive debts in lieu of patient referrals to the hospital.

The allegations were raised in the suit by hospital district's former chief financial officer, Maria Lucy Reimche. As a whistle-blower, she will be given $500,000 as part of the settlement.

The settlement was made without any admission of wrongdoing. Patric Hooper, the hospital’s counsel, claimed that the allegations happened under the previous management. As the hospital is now under new management, Hooper said that any arrangements with the doctors would now comply with the federal law.

Whistle blowing is encouraged to expose any wrongdoing or to make public any concealed misconduct on the part of an organization.

Should you be involved in a whistle blowing case and your employer retaliated against you, you may consult an employment attorney to defend your cause.

Hit and Run Ends the Dream of American Idol Aspirant

The popular talent show American Idol is all about chasing a dream and living it. But for Alexis Cohen, 25, a former AI contestant, the dream ended when she lost her life in a tragic hit and run accident.

Alexis, who was dubbed “Glitter Girl” and who got rejected twice by AI’s tough judges was planning a third attempt at singing stardom in June. But Cohen who went out to eat was later found by two pedestrians who called 911. The autopsy revealed that she suffered head, chest and abdominal injuries after being struck by a car.

According to TMZ.com, a 23-year-old man named Daniel Bark has since been charged with death by reckless driving and leaving the scene of an accident following Cohen’s death. Authorities also suspected that the driver was under the influence of alcohol.

In many car accidents involving pedestrians, drivers have been known to flee the scene of the accident. Some would claim that it was instinct and some would say that they are afraid but truly, these drivers also fail to take into consideration that their actions could spell the loss of a person’s life that could have otherwise been saved.

Most State laws provide that drivers have the duty to stop in case of an accident, regardless of whether the crash involved another car, another person’s property and even a pedestrian.

In any accident resulting to injuries or death, drivers have a legal duty to take reasonable steps to help any injured person -- including calling for assistance from emergency medical services -- and to report the accident to local law enforcement.

Leaving the scene of the accident, especially when a person is injured or may require medical intervention is a crime. Any driver who leaves the scene of an accident can be subject to serious criminal charges such as "felony hit and run."

Bark, who killed Cohen in a hit and run accident could face up to 15 years in prison if convicted.

Running after an accident and citing panic and fear is not an excuse. Drivers do not have just the duty to “save” themselves—they have the same duty to everyone else on the road especially pedestrians and cars they may hit.

For Cohen, who once memorably said that she marches to the beat of a different drummer would no longer have the chance to make her dreams come true because of a hit and run accident and a driver who refused to care.