Friday, March 13, 2009

Avoiding Accidents: Are We Safe at Home?

Accidents happen virtually everywhere, even at our own homes.

Normally, we feel safe when we are in the comforts of our home, believing that we are protected from any terrible incidents that might happen. However, almost every place and every corner we go to, there is danger just lurking around.

Like the fire accident that happened in Santa Ana. There was a report of fire at the Aspen Apartments in the 3300 block of South Bear Street last Thursday afternoon. This fire, which is so massive that the heavy smoke from it could be seen from miles away, has resulted in the death of one. Homicide and arson investigators are still looking into the case and the cause has not yet been determined.

Even if insurance companies or some other responsible party will pay for damages, the horrible death of someone cannot be paid by any amount of money. It is of utmost importance to always make sure that are surroundings are safe, even at our homes, to prevent such accidents from happening and avoid experiencing such life-changing difficulties.


Tuesday, March 10, 2009

Pro-Employee Steps of the Obama Administration


Obama is starting to make his presence felt by everyone. First, the stimulus plans now, the signing of Ledbetter Bill into law.

Ledbetter Bill was drafted to overturn the Supreme Court’s decision in the case of Ledbetter vs. Goodyear Tire and Rubber. In this case, the court ruled that lawsuits over race or gender discrimination could no longer be filed if claims were based on a previous decisions made by them 180 days ago or more.

The Supreme Court rejected the continuing violations doctrine pursued by Ledbetter.

In this new law, employees could now file a discrimination claim regardless if the incident happened 180 days ago or more. The law removed the time limit and the case can now be filed notwithstanding the staleness of evidence or death of witnesses.

Certainly, this new law would trigger more litigation against employers as the passage of it is retroactive. This also serves as a wakeup call for employers to be fair and impartial to all their employees.

After the Ledbetter Bill comes the Paycheck Fairness Act. Under this Act, employers were asked to meet certain standards on wage structures. Such that wage disparities were due not to sex or race but solely job related.

We’ll just wait and see how employers react to this another pro-employee law.



Friday, March 6, 2009

Lead Law under Scrutiny

With the ever-growing complaints and incidents of lead poisoning and lead related cases, Consumer Product Safety Improvement Act, a federal law regulating lead use, was enacted.

The law would require all products sold for children 12 years old and below be tested for lead and phthalates. It aimed at protecting consumers especially children from lead poisoning and other related risks.

Consequently, dirt bikes and other recreational vehicles tailored for kids were pulled from the market fearing that they may be a violation.

According to the lead law’s advocate, this law is what we need. On the other hand, critics said the law is too broad.

The recent lead law has made many sellers fearing for their businesses. It is because products not tested for lead would be considered hazardous. Consequently, a hazardous product would not be on the buyer’s list. It would mean fewer earnings on their part. In today’s financial set up, lesser buyers means suicide.

Rep. Michael Burgess, D-Texas, wrote Consumer Product Safety Commission to provide exemptions. Unfailingly, the commission exempted product made from natural materials, electronics or those, which are by nature inaccessible to children.

With the public clamor for regulation on lead use, it was a relief to know that the government is listening and is taking steps.

The law may have some flaws or loopholes which may be cured in time but for starter its best to have it than none at all.


Thursday, March 5, 2009

Cell phone’s Life Taking Effect

Pedestrian accidents are due to several factors. Negligent crossing, negligent drivers, lack or improper use of cross walk, lack or deficient stop lights are only some factors of the prevalence of pedestrian accidents.

In recent studies though, phone use is as much dangerous to pedestrians as to the drivers. Peter D. Loeb, Economics Professor of Rutgers University, Newark, found that cell phone use was the main reason for the continuing increase in pedestrian accidents.

Loeb revealed that back in mid-80s, cell phones had “life-saving effect” as users were able to call 911 immediately after a crash or emergency. Consequently, it prevented deaths and further injuries to victims.

However, when the number of cell phone users attained a “critical mass” of about 100 million, its “life saving effect” became a “life taking effect”.

Loeb and his fellow authors recommended that government should take aggressive steps against cell phone use especially when driving or crossing the streets.



Wednesday, March 4, 2009

A Fiery Situation

When a fire breaks out, we tend to panic, be scared and be shocked. Our senses seem not to coordinate with our body that some of us forget to react or confront the situation.

If you are 93 years old and your home is caught on fire, your weak body, blur vision and distorted senses are only some of the contributing factors on why you may not respond to such an emergency.

This has been true to an old woman who died after her two-story home was engulfed with fire. She suffered 35% of burn all over her body.

Reports refused to name the old lady until family members are notified of her demise. However, it appeared that said woman was left at home all by herself.

If the fire was caused by someone’s negligence, then, the family members has every right to file a case for wrongful death.

Old age can be a complicating phase of life. Guidance, assistance or supervision is required of family members in dealing with an old parent, friend or relative.

If family members could no longer attend to the needs of an old loved one, it would be wise to send them to nursing homes. It is not advisable to leave them alone. As they can barely take care of themselves, how could they possibly respond to urgent situations such as fire?



Tuesday, March 3, 2009

Hazardous Toys Recalled

If you fear for your children’s safety then you should see to it that their toys are lead free and non-choking.

Your children’s safety should never be compromised. Hazardous toys once it gets into their system spell even great dangers.

Adding to the list of companies recalling hazardous toys is CBB Group Inc.

Last week, CBB Group Inc. announced that it is recalling about 39,000 toys suspected to contain more than the allowable lead content standards and those, which have small parts that could lead to choking.

The companies’ baby rattles, fishing games and pull-a-long cars have detachable parts that could choke children. Its bubble guns and mini-pull back cars have surface paints containing excessive levels of lead.

I commend CBB Group Inc. for voluntarily recalling these toys. They managed to undergo the recall process without waiting for reports of injuries or related incidents. Other companies are only up to profits that they refuse to recall their products until complaints are received.

For parents, choose the things you give to your children. Make sure you check the labels and buy the trusted brands. In case of doubt, do not buy them. Sometimes, it is better to buy the more expensive brands if it means safety of your children.

For those who have been a victim of products liability, you have the right to boost your claim by consulting an expert personal injury lawyer.




Wednesday, February 25, 2009

Colusa Bus Accident Investigations at its Final Stages

After months of speculation of the cause of the tragic bus accident, finally investigation revealed that the driver Quintin Watts was indeed drowsy during the crash. The investigation yielded no traces of alcohol or drug use. Due to such development, Watts was released from the state prison after 3 months of imprisonment.

On October 2008, eight people were killed and thirty-five others were injured when their bus ditched into a narrow road.

Initial investigations uncovered that neither the driver nor the bus has the legal rights to be on the road. The road was listed as non-operational.

Watts, on the other hand, was on parole for his 2007 conviction. While he has a long-standing authorization to drive pilot tankers and trucks, he had no DMV authorization however to drive a bus. Due to the accident, Watts’ parole was revoked and he was send back to jail.

Tragic bus accidents like this could likely cause by various causes. Driver’s error, mechanical defects, road or weather conditions and legal intricacies may altogether contribute to a horrible accident like this.

Consequently, all negligent parties who had contribution to the crash, no matter how little could face legal consequences.

May this incident be a lesson to all of us. One single mistake may result to invariable and complicating outcomes.