MADD Seeking Support for New DUI Law

February 1, 2010 | Associates and Bruce L. Scheiner

Mothers Against Drunk Driving, (MADD), and Florida personal injury lawyers are urging people to take action in support of a proposed bill intended to reduce the number of drunk drivers on Florida roads.

The lifesaving bill requires ignition interlocks for all first time convicted drunk drivers-even though first time offenders are not really “first time”, as people typically drive drunk 87 times before being arrested. Ignition interlocks for all first time convicted drunk drivers are proven to reduce DUI repetitiveness, decrease drunk driving deaths and prevent injuries. Currently, 12 states have this lifesaving law in place.

Senator Stephen R. Wise, (R-Jacksonville) introduced SB 924, which would require that an ignition interlock device be used for a specified period after a first conviction of driving under the influence of alcohol. It requires a court to order a person who is convicted of driving under the influence not to operate a motor vehicle for a specified period unless that vehicle is equipped with a functioning ignition interlock device.

CONSUMER ALERT: Toyota Vehicles Recalled for Potentially Dangerous Accelerator Pedals

January 29, 2010 | Associates and Bruce L. Scheiner

LogoToyota%20%281%29.jpg If you are the owner of one of several different models of Toyota vehicles, your car, pick-up or SUV may be affected by a massive safety recall undertaken by the Japanese automaker.

In September 2009, Toyota announced the recall of 4.3 million vehicles it said were susceptible to an accelerator pedal that could become stuck. At the time, Toyota indicated the fault of the problem was related to the car’s floor mats. Subsequently, the manufacture released an announcement that the fix would involve “trimming” the pedal mechanism. However, a Toyota website now says “In rare instances, there is a possibility that certain accelerator pedal mechanisms may mechanically stick in a partially depressed position or return slowly to the idle position”, and makes no mention of the floor mats.

In January, an additional 600,000 Toyota vehicles were added to the recall list. Toyota, which has enjoyed a long-standing reputation as an industry leader in quality and customer satisfaction, shocked the automotive world and its dealer network when it told its dealers to stop selling eight models, including the Camry and Corolla sedans, two of the biggest sellers in the U.S. market. Other models affected by the move include the RAV4 and Highlander sport-utility vehicles and the Tundra pickup truck. They also announced they were halting production of the recalled vehicles for an undetermined amount of time.

Tackling Sports Injuries

January 27, 2010 | Associates and Bruce L. Scheiner

The popularity of organized sports involving young children and teens creates a real danger of sustaining a serious injury for athletes in Florida and throughout the country. From the peewee and Pop Warner leagues up through high school and on college campuses, millions of young sports enthusiasts are injured each year, and they may not even occur during an actual game – more than half of them happen at practice and in training.

Injuries can occur in almost every sporting activity or training session, including golf, soccer, baseball, football, rugby, basketball and several other games. The most serious injuries occur in sports where collisions are a part of the game, but things like torn ligaments and lower back injuries can happen in less strenuous sports, such as golf. Athletes are injured in instances where they don’t warm up or adequately stretch prior to engaging in sports activities, and many happen due to improper or sub-standard safety gear or equipment. Many injuries happen when a player is not in adequate condition to undertake a particular sport, or has not received proper training or conditioning. It is the responsibility of an organization’s coaching staff, team physicians and athletic trainers to ensure that each participant is adequately prepared to play, and to closely monitor the player should an injury occur, Oftentimes, a decision to allow a team member to continue to play after suffering an injury can lead to disastrous results, further aggravating the injury or in some cases, even causing death.

There are several examples of how a sports injury can occur. It may involve product liability, where a child suffers serious injury due to a defective football helmet design.

Consumer Alert: Crib and Strollers Recalled Due to Injury and Death

January 22, 2010 | Associates and Bruce L. Scheiner

Wednesday, January 20th, two different products were recalled because they were found to have the potential to cause serious injury or even death.

“Associates and Bruce L. Scheiner, Personal Injury Lawyers remains committed to informing the public of consumer issues as they arise”, said Bruce L. Scheiner, Founder and Senior Partner. “Please pay particular attention to the information provided here. This is a serious issue, and one that can affect you or your children.”

Graco Strollers

Second Toddler Twin Dies In Port Charlotte Drowning Incident

January 20, 2010 | Associates and Bruce L. Scheiner

As an update to our January 18, 2010 blog, NBC reported last night that the second twin, Christian, who had been in a coma since Saturday, January 16, had died. The family spokesperson indicated that Christian would live on by the donation of his organs to another child. This child has not yet been identified.

“There are a few website links parents should access for information on how to keep their children safe with water safety training.”

http://www.vimeo.com/channels/38015

Child Drowning Incidents Increase in Southwest Florida

January 18, 2010 | Associates and Bruce L. Scheiner

NBC-2 reported today that toddler twins in Port Charlotte, FL were found face down in a pool on Saturday. One died and one is in a coma. A three-year old child opened the sliding glass door which allowed the 13-month old toddlers access to the pool.

The latest study of child abuse deaths in Florida for 2008 was released at the end of December, and the facts and figures paint a grim picture for the potential for child deaths caused by drowning. The Florida Department of Health conducts the annual research report, and found that Lee County ranks second in drowning deaths of children below the age of 5 – there were 6 during 2008. This is the highest number of child drowning cases in at least 10 years. Broward County led the state with 8.

The report indicates that Florida leads the country in the unintentional drowning rate of children younger than 5, and that 70 percent of the cases involved happened in swimming pools. The report goes on to say that state health officials, along with the Department of Children and Families, are aggressively attempting to identify instances in which a child drowning was caused by poor adult supervision. It states that “children continue to die from drowning at an alarming rate as a result of inadequate supervision”, and recommends a systematic approach to prevent further child drowning cases.

Are Your New Tires Really “NEW”?

January 12, 2010 | Associates and Bruce L. Scheiner

Older Tires Pose a Serious Safety Threat

When you buy a set of tires that are advertised as “new”, you expect that, at most, they may be a few months old. However, recent research and investigations have discovered that some retailers are selling so-called new tires that have been sitting in a store or warehouse for years – sometimes 7 years or longer. When a Ft. Myers woman on the staff of Associates and Bruce L. Scheiner, Personal Injury Lawyers went to have new tires installed just before Christmas, she found that the retailer installed two tires manufactured in 2009 and 2 tires manufactured in 2007. These were to be 4 matching tires. While this may not seem like an important detail, the alarming fact is that old tires can pose a real threat to those who use them.

Today, the Ft. Myers News-Press reported that Nicholas Contessa, 58 of Fort Myers, died while driving a 2000 Chevy Blazer southbound on I75 when his right rear tire blew out causing him to lose control of his SUV. The SUV went into the median, overturned and collided with a guardrail. He suffered head injuries and was pronounced dead at the scene. Although it has not yet been determined whether the tires were “new”, it does point out the need for consumers to be diligent when dealing with their tires and their safety.

Florida Enacts “3 Crash Law” Crackdown on Bad Drivers

January 11, 2010 | Associates and Bruce L. Scheiner

If you’ve been responsible for causing three crash-related moving violations over a three-year period, be prepared to receive a costly education.

Beginning January 1st, state legislators and law enforcement agencies have started to enforce a new law that will cancel the driver’s licenses of those who have been convicted of three accident-related moving violation citations within a three-year span. In order to get their licenses back, the offender will have to successfully complete a 16-hour educational course, at the cost of $548.00.

If you’ve been cited for a crash-related violation within the past two years, the clock is already ticking – the new law goes back to offenses incurred since 2007. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period, but did not require any actual behind-the-wheel testing. The new law, to be administered by private driving schools, is designed with more stringent requirements, and failure to comply with and successfully pass the course will result in the continued suspension of your driving privileges. The 16-hour course must be completed within 90 days of notification, and includes 4 hours of behind-the-wheel driver evaluation.

“Man’s Best Friend” Can Turn On Family Members in an Instant

January 8, 2010 | Associates and Bruce L. Scheiner

In just a 9-day time span, two Florida toddlers have lost their lives because the family pet suddenly attacked them in separate vicious, unexplainable attacks.

A pet 8-year-old male Weimeraner bit Liam Perk, a two-year-old from Cape Coral, on the neck on December 22nd. Tragically, the boy died after being rushed to the hospital for treatment. The dog, which by all reports was a well-behaved, indoor pet, bit Liam as he walked past the animal. On December 13, 2009, a 20-month old boy, Dallas Walters, was killed in New Port Richey, Florida, after being mauled by his aunt’s pet Rottweiler inside her residence. In Liam’s case, although the story reported by the AP Wire services and picked up around the country stated the dog apparently attacked without provocation, there are those that feel that is unlikely.

Lee County Chief of Animal Services, Adam Leath, seems to be of the belief that there must have been something Liam did to cause the dog to turn on him. “Animals will react in a fight or flight response depending on the circumstances,” Leath told the Fort Myers News-Press. There are still other experts in the field of animal behavior who feel that even the most mild mannered, well trained dogs will lash out if they feel they are being mistreated, attacked or provoked to fight for their lives. Patrick Logue, an advanced dog behavioral therapist and trainer, adds this advice.” Dogs use body language and vocal tones to communicate,” he said. “You want to make sure kids don’t play too rough with a dog, even if they’re having a good time. A dog might nip at a child even if it’s playing because that’s how a dog communicates.” We have all heard stories about young children who will playfully pull a dog’s ears or tail, and the dog may go years, or even its entire lifetime, seemingly unfazed by that type of treatment. But the fact of the matter is it may not take much to cause the dog to snap back, or worse.

Keeping Your Kids Safe In Flight

January 5, 2010 | Associates and Bruce L. Scheiner

Since many parents and grandparents are planning winter and spring vacations, they need to consider what it means to travel with small children. Many people who take their children under two years of age aboard an airplane feel holding them on their laps is a safe way of keeping them secured. While it is legal to fly with your toddler on your lap, the Federal Aviation Authority, (FAA), strongly urges that all children aboard an airplane, no matter how old, use an appropriate child restraint system, (CRS), to limit the possibility of injury.

In the event of an air accident, or even in the case of turbulence during the flight, a CRS provides optimum protection for the child. Parents need to know the differences between a CRS and a child safety device, as only a government-approved CRS with a label stating; “This restraint is certified for use in motor vehicles and aircraft” will be allowed on board. An unauthorized child safety device will require that you check it through as luggage. If you do have a child safety system, make sure it contains the wording “FAA approved in accordance with 14CFR 21.305(d), Approved for aircraft use only” on it. And if you try to board the plane with the intention of using a booster seat or harness vest type of restraint system, be aware that the FAA prohibits passengers from using them during plane taxi, take off and landing.

According to the website www.airsafe.com, there are several things you can do before you head to the airport to catch your flight:

Florida Injury Lawyer Blog

Older Tires Pose a Serious Safety Threat