Personal Injury

August 6, 2010

Environmental Safety for Indiana Dunes National Lakeshore has been a Toxic Discussion

The Indiana Department of Environmental Management (IDEM) recently issued ArcelorMittal Burns Harbor a landfill permit, despite those who are concerned about mounting waste piles that have accumulated at the property over the course of many years such as the pile known as the Easterly’s Pile. According to a 2010 IDEM inspection report, the Easterly pile contains 274,000 cubic yards of basic oxygen furnace sludge, burnt lime and rubble. It is situated roughly 200 feet from the Indiana Dunes National Lakeshore and Lake Michigan.

It has been determined that the company will move some of the company’s rubbish to the approved landfill, while the rest will be recycled. Under state law, a mill can stockpile waste for recycling for up to six months. After six months, waste is presumed to be an open dump which is illegal.

Companies that store rubbish negotiate with recyclers to purchase their rubbish. The company with the rubbish or a company they send the rubbish to may “prepare” the rubbish, with the goal to keep useful chemical agents and get rid of harmful ones. Once the useful chemicals are sold, they may be used in manufacturing products for daily use.

August 3, 2010

Lexus Files a Defect Information Report

by Burton A. Padove

Recently, the National Highway Traffic Safety Administration received a Defect Information Report from Lexus, a division of Toyota Motor Sales, USA, Inc. The report disclosed defects on roughly 138,000 Lexus vehicles.

Lexus believes that a change in the manufacturing process has led to the risk of foreign material contaminating some of the valve springs. If this occurs, the engine may cease while driving, posing a risk for serious injury and death. Though the risk is suspected to be rare, it is important for manufacturers to disclose such risks. It is not known for certain if a person driving an affected Lexus would receive a warning sign (engine noise) before the engine would cease.

The report shows that the problem may affect Lexus vehicles powered by 4.6 and 5.0 liter V8 and 3.5 liter V6 engines in certain 2006, 2007 and 2008 GS, IS and LS models in the U.S.

August 2, 2010

Indianapolis Lawyers and Doctors Come Together to Enhance Lives

by Burton A. Padove

It is not uncommon for medical and legal issues to be intertwined. Whether related to best practices for patient care, patient housing, financial needs, benefit eligibility, child-support coverage, guardianship, or criminal related medical issues, there is likely to be a need for patients to have the support of a lawyer when contending with critical illness. Yet, this is often the last thing that a patient thinks about when facing a life threatening illness.

It is for these reasons that a partnership developed between lawyers and doctors at Wishard’s Pecar Health Center two years ago with the help of the Neighborhood Christian Legal Clinic and Indianapolis Legal Aid Society. Since then, numerous partnerships have surfaced in several Indiana areas. In fact, the partnership that initially focused on Wishard’s Pecar Health Center has recently discovered that approximately 30% of the legal cases they manage relate to housing issues that will people contend with. Guardianship is also a big concern.

On June 15, the American Medical Association’s resolution passed in the House of Delegates to support these kinds of partnerships. Some of the types of legal issues that ill people may contend with include, but are not limited to:

July 30, 2010

Social Networking Security Issues

by Burton A. Padove

With over 350 million MySpace and Facebook users, it is important to understand that there are criminals in these virtual cities. So, we all must protect ourselves. Here are some fast facts.

When you invite others such as friends of friends or everyone to participate in your wall, messages, invitations, photos and any other open information may allow access to private information for criminals. Limit your social networking profiles to friends,

Hackers can gain unauthorized access to a site’s underlying coding which may breach the security in the platform. In doing so, your security may be compromised.

July 16, 2010

Baseball Spectators Beware!

by Burton A. Padove

Baseball spectators beware! If you are hit by a foul ball at a baseball game, whether you were attempting to catch it or simply distracted by a conversation with another fan, it is unlikely that anyone will be held liable for your injury or responsible for your medical bills and damages. For more than 50 years, courts have consistently held that being hit with a foul ball while in the stands is an inherent risk of attending a baseball game such that the stadium owner, stadium operator, or even the batter will not be legally responsible if you are hit due to such an inherent risk.

Although the game of baseball arguably has remained pretty much the same during its existence, the fan experience is evolving at a rapid pace. Teams throughout the country are attempting to market the experience not just as a game, but also rather as a family-friendly EVENT. With this marketing plan comes an increase things such as mascot presence, promotional activities such as t-shirt tosses, and picnic areas for before and during a game to name a few. Many of these “family-friendly” activities cause spectators to become distracted and take attention away from the action on the field. Some of these family activities may take place even before the game has started or outside the stands.

In theory, a court should be more likely to find an owner/operator liable for an injury due to a foul ball or homerun when the injury happens outside the stands or while the fan is distracted by a family-friendly activity. However, courts are inconsistent when it comes to unique situations such as these. Therefore, it is best as a spectator to be aware that baseballs can ALWAYS leave the playing field even when you least expect it. Even a shattered baseball bat can leave the field of play and cause a devastating injury.

July 6, 2010

Indiana Nursing Home Faced with Lawsuit

by Burton A. Padove

Loogootee Nursing Home located in Loogootee, IN recently faced the Indiana Court of Appeals following a lawsuit from a resident who was injured.

The resident was sitting on the porch of the nursing home when Carroll Ledgerwood, a brass player who was planning to appear at the nursing home, accidentally slipped his foot off the brake and drove onto the porch, hitting the resident. The resident suffered serious injuries, including: the inability to walk, dress himself or perform other daily living activities for several months. This would cause a person in this condition to bear significant costs to pay for assistants to help perform daily living activities. Caregivers can cost anywhere from $10.00 per hour to $25.00 per hour, depending upon the severity of the disability. The resident sued both Loogootee Nursing Home and the Carroll Ledgerwood.

Last year, Judge Pfleging heard several court hearings and motions to determine that Ledgerwood could be considered a “gratuitous servant” as defined by a 1983 Indiana Court of Appeals decision regarding the employment-servant relationship. However, the judge found that the driver wasn’t acting as a servant when driving which would mean that there is no validity in the lawsuit against the Indiana nursing home. The trial judge also determined that the Loogootee Nursing Home was not obligated to perform a duty since the accident was an unforeseeable event.

June 29, 2010

McDonald’s Cup Recall: Cadmium Risk

by Burton A. Padove

If you have a Shrek Forever After 3D” Collectable Drinking Glass from McDonald’s that you have purchased, stop using the cup immediately because it has recently been linked to a cadmium risk. The cup was manufactured by ARC International, of Millville, NJ and distributed by McDonald’s. There were 12 million cups made.

There have not been any injuries reported to date. However, the designs on the glass contain cadmium and long term cadmium exposure is associated with health risks. Medicla condtinos that have been linked to cadmium poisoning include: skin death, renal disease and an increased risk of osteoporosis.

The recalled cup is a 16 ounce glass that comes in four different designs including: Shrek, Fiona, Puss n’ Boots, and Donkey. The cups were available in McDonald’s restaurants nationwide from May of 2010 to June 2010 for a purchase price of roughly $2.00.

June 14, 2010

Food Manufacturers under Fire

by Burton A. Padove

Food manufacturers have specific regulations they must follow when providing information on their labels about the contents of their food. Twenty two food manufacturers have recently violated regulations provided in the Federal Food, Drug, and Cosmetic Act. The crux of the violations include the manufacturers providing information to consumers that falsely identifies the food as being healthy or offering health benefits. There were also false claims made by the manufacturers about the nutritional value of the product. This is why the recall was put into place for twenty two food products.

The FDA has determined that violations surrounding the disclosure of false nutritional content and health benefits pose a risk for consumers in light of the prevalence of obesity and diet related diseases. The FDA is developing guidelines for labeling of food products to better inform consumers about caloric and nutritional ingredients that are beneficial for health and those that pose a risk to health.

Food labeling helps people to make the appropriate food choices. Over 40 million people are obese and a good majority of the U.S. population is overweight. As people have become more conscientious about food, they have come to rely on the information provided on food labels. The violations related to mislabeling by the twenty two food manufacturers can actually pose health risks for people that relied on the product for that reason.

June 14, 2010

Recall Due to Fire Risk from Kuuma Stow and Go Barbecue Grills

by Burton A. Padove

Kuuma Stow and Go barbecue grills were reported to cause three fires and minor burns on the hands of victims that were using the barbecue grill. The reported injuries prompted the recall of nearly 5000 grills in the U.S. market. Eastwind Industries, Inc., the manufacturer, cited that propane tanks in Model number 83726 may leak fuel if the fuel container is not fully threaded onto the regulator during installation. This grill recall is only one example of the many product recalls that take place every year.

Manufacturers are responsible to design products in a way that safeguards against risks such as a fire hazard. If the manufacturer is unable to guard against a risk in the development of the product, the manufacturer must display a warning about the risk associated with the product on the product label. Each year, hundreds of products are recalled because the risk associated with the product is not identified until the product hits the mainstream market and injuries occur. Then, the recall is announced. In some cases thereafter, the product manufacturer redesigns the product to meet safety requirements or adds a warning to the product label. In some cases, the recalled product is banned from the U.S. market.

Eastwind conducted the recall in cooperation with the U.S. Consumer Product Safety Commission. The Kuuma Stow and Go Grills, made in Thailand, were sold in U.S. nationwide stores from January through August 2009. Eastwind has made available new instructions for the installation of the barbecue grill parts and will provide a new tool to use when cleaning the fuel system. This remedy is considered acceptable at this time, according to Consumer Product Safety Standards.

June 3, 2010

Toy Company Fined Over $2 million for Hazard Risks

by Burton A. Padove

Stuffed animals, rain ponchos and play jewelry are some of the Toy products that Daiso California LLC had been selling before a recall. The risks associated with their products included strangulation from the rain ponchos, lead poisoning from the jewelry, and choking from the stuff animals.

Since Daiso California LLC has violated federal safety laws, the company has been forced to cease importing children’s toys to the U.S. and must pay fines in excess of $2 million.

The CPSC has a list of safety standards and testing requirements that toy vendors must abide to in order to sell children’s toys in the U.S. Toy companies must also place proper warning labels on their toys so that parents are aware of the risks for children using the toys. However, sometimes the risks are omitted from the label or the manufacturer fails to perform proper testing to identify the risks relating to their toys. Toy manufacturers may also provide a label that informs the parent of the appropriate age of a child to use the toy. This is often done because there is some kind of risk that would apply to a child’s use of the toy that is out of the age bracket identified on the label.