// BLOG
Toner Shoes: Are Skechers Shape Ups Causing Injuries?
July 18, 2011
Over at my Nashville Injury Board Blog I posted about toner shoes and the possibility that they are causing injuries. The American Council on Exercise has weighed in on the issue and there is no doubt about the false advertising claims regarding fitness benefits of these shoes, but are they also contributing to injuries? There are no definitive studies yet, but the anectdotal evidence seems to confirm the suspicion. Click here for the Injury Board Blog on this issue. Click here to contact me regarding a potential claim related to this or other issues.
Learning from the Casey Anthony Jury Verdict
July 5, 2011
With the exception of the occasional DUI defense case, I haven’t practiced criminal defense law in over a decade, but there is a key lesson from the Casey Anthony trial and verdict that is universal to all types of trials, and to pretty much every relationship in life. Whenever someone loses credibility, they aren’t trusted. This appears to have happened in the Anthony case as the prosecutors overpromised and underdelivered. I explore this a bit more fully over at my Nashville Injury Board Blog. Click here to keep reading.
Are Cell Phones the New Cigarettes? Your phone might be making you sick.
May 31, 2011
More information is becoming available about the health risks related to cell phone usage. At what point will specific markers surface which will verify that radiation from cell phones is making people sick? When will phone manufacturers and cellular service providers begin properly warning consumers of the risks associated with their products? Part of me can’t help comparing the apparent stonewalling of information related to known health hazards caused by cell phone usage to the decades long cover up of safety information by Big Tobacco before lawsuits and juries finally started forcing a small measure of accountability.
Read more here, here and here.
Video update: Click here for a neurosurgeon’s cell phone safety commentary on PBS’s NewsHour
Swimming Pool Drain Covers Recalled
May 27, 2011
The Consumer Product Safety Commission is recalling swimming pool drains that don’t meet safety criteria set forth in 2008. Swimming pool drains generate enormous suction that can trap individuals on the bottom of the pool if not properly covered. There are instances of serious injuries such as disembowelment and even death from drowning associated with children caught in swimming pool drains. Our office wants to keep you informed about safety issues and wishes you a safe and happy summer. For a list of drains that are being recalled, click here.
To speak with an attorney about a swimming pool safety issue, click here.
When Dogs Bite
May 16, 2011
It’s Dog Bite Prevention Week and you may be surprised to learn that 33 Americans died from dog bite wounds in 2010. Over at my Injury Board Nashville Blog I posted some insurance industry numbers indicating that 4.7 million dog bites occur annually in the U.S. with over 800,000 of those bites requiring medical treatment. State Farm alone paid $90 million in dog bite claims during 2009 and the industry as a whole paid $412 million. Sadly, almost all bites are preventable with proper restraint and/or training. It is the basic responsibility of every dog owner to insure that his pet does not put the well being of others at risk and failing to do so can bring more than just a guilty conscious. The average dog bite claim paid in 2009 was over $26,000, which would pay for a lot of training and fencing. If you have been injured by an animal attack, you must be aware of deadlines and move promptly to preserve evidence, which may include witness statements and photos of the attacking animal in its habitat. It is always wise to contact a good lawyer to discuss your options.
Distracted Driving: How risky is it?
May 16, 2011
Distracted driving is a major contributor in many crashes. It is described as any non-driving activity a person engages in that has the potential to distract them from paying attention to the road. While several things can be considered a driving distraction – such as eating or applying makeup – texting while driving is becoming increasingly more popular.
In 2009, 20 percent of injury crashes involved reports of distracted driving. And more than 6,000 deaths are attributed to distracted-driving each year. Of those killed in distracted-driving-related crashes, 995 involved reports of a cell phone.
Numerous studies have shown that texting is more distracting than talking on the phone, and as dangerous, if not more so, than driving under the influence. Some safety advocates say we are in a national state of denial about the dangers posed by using a cellphone behind the wheel. According to distracted-driving expert David Strayer, Ph.D., a cellphone might as well be a bottle of beer.
Distracted Driving – State Laws
Tennessee is one of 31 states joining the District of Columbia and Guam in banning text messaging for all drivers. Twelve of these laws were enacted in 2010 alone.
Eight states, the District of Columbia, and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
You can learn more about distracted driving by visiting Distraction.gov.
Bin Laden’s Death: Let’s give credit where it is due.
May 3, 2011
A lot of people are falling over themselves to refuse giving any credit whatsoever to our President regarding the operation which sent troops inside a sovereign nuclear power without permission from its leadership to capture or kill Osama Bin Laden. One very intelligent and otherwise reasonable colleague has gone so far as to profess knowledge that Obama didn’t even know about the operation. Such partisan bravado is disingenuous and immature. It is refusing to accept one’s adversary as capable and smart. It is wrong and it hurts our society. We can be opposed to one’s tax or healthcare policies and still applaud making the right call on a military operation, can’t we?
Presidents sit in the big chair and make the tough calls because it comes with the turf. All of them. Perhaps another President would have made the same call (although McCain, Palin and Bush all slammed Obama for stating in the campaign that he would authorize operations inside Pakistan if needed to get Bin Laden), but it is an absolute truth that Bin Laden would not have died in this way on this date without Presidential authorization, and Obama had the wherewithal to make that call. The elite commandos and pilots who executed this mission deserve credit and will no doubt receive it in the way such kudos are conveyed within that community. It will be private and they will remain anonymous to most of us, which will protect them and their families from retaliation. The instructors who prepared them for this mission and the incredible support system of satellite and thermal imagery which allowed the building of an exact replica of Bin Laden’s compound, as well as the hands that constructed the compound all deserve credit for their roles in support of this mission. I suspect there are many, many other elements including covert agents, geo-political deal makers and others who played some role in this. We should tip our hat to each member of this team, because as the athletes among us will agree, even the guys who never get in the game help our team get better in practice. But make no mistake, my friends, the captain and quarterback of this team is the President of the United States, and he deserves credit for having the prowess to set the directive, choose the proper play from among options, and be willing to accept the consequences of possible failure.
Congratulations, Mr. President; but don’t rest long for the world is still a very dangerous place.
Warm Weather and Road Construction
April 29, 2011
Over at my Nashville Injury Board Blog, I posted a piece on the potentially toxic mix of road projects and often distracted drivers. Click through and check it out.
Supreme Court Chooses Corporations Over Consumers
April 28, 2011
Over at my Nashville Injury Board blog, I posted a blurb about Wednesday’s Supreme Court ruling in AT&T Mobility vs. Conception, a California class action in which consumers sought to bring all of their claims in one law suit. The high court, in a 5-4 decision (the “5″ are all Republican appointees) ruled that each individual claimant must individually arbitrate his or her claim against the defendant. This is bad news for consumers since most class action claims are quite small, and it is only in putting many of them together that the time and expense of litigation is justified. This provides yet another example of why people need to think long and hard about judicial appointments and the people elected to make them.
Middle TN Cyclist Injured By Motorist: Lessons to be Learned
April 14, 2011
I had already decided the topic of this post when I saw the news that a MTSU student was struck by a careless motorist in Murfreesboro today, which makes it even more timely. One of my favorite excuses for not riding my bike more is the narrow road filled with giant SUV’s that connects my neighborhood to the outside world. It can be quite perilous for a cyclist and costly for an inattentive driver when the two travel the same pavement. It is not commonly remembered that bicycles are considered vehicles when on the road and have exactly the same rights (and rules) as motorcycles and cars. Following is a look at the six most common causes of bicycle-automobile collisions and how both cyclist and motorist can work together for everyone’s benefit.
Generally, the motorist can avoid collisions by being alert and considerate, so I’m writing this from the perspective of a cyclist and focusing on how he or she can minimize risks in each of the six scenarios.
(1) Motorist fails to yield (approximately 30% of incidents)
Example: A motorist fails to yield the right of way entering traffic or makes a left turn in front of an approaching cyclist.
How to avoid: Don’t hug the curb on your bicycle. Keep your eyes moving and scan for possible hazards constantly. Ride in the lane approximately where the right wheel of a car would be, which improves visibility and indicates that you are taking ownership of your rightful portion of the roadway. Keep hands on brake levers and be prepared for an emergency maneuver
(2) Cyclist fails to yield (approximately 30% of incidents)
Example: Cyclist doesn’t yield when entering traffic from a driveway or disregards traffic laws by running stop signs or red lights.
How to avoid: Wait for trafffic to clear before merging or making turns. Obey traffic laws. Be attentive and courteous.
(3) Poor visibility at night (approximately 18% of incidents)
Example: A cyclist doesn’t have lights or reflectors at dusk and after dark.
How to avoid: Get a headlight and tail light for your bike. Bicycles can also be fitted with spoke lights, which children in particular are apt to enjoy. Also, reflective vests can be lifesavers.
(4) Riding against traffic (approximately 10% of incidents)
Example: A cyclist riding on the left side of the road, following pedestrian rules.
How to avoid: Ride in the proper lane of traffic and follow all traffic laws.
(5) Rear end collisons (approximately 7% of incidents)
Example: An overtaking car approaches a cyclist, possibly at night.
How to avoid: Become adept at glancing over the shoulder, remain vigilent, use proper lighting at dusk and after dark. Wear reflective clothing. Be prepared to make evasive maneuvers.
(6) Opening car doors (approximately 5% of incidents)
Example: A motorist exiting a parked vehicle opens the door without checking for oncoming traffic. (Legally, a collision of this sort is the fault of the motorist in most jurisdictions, and the cyclist may make a claim for damages.)
How to avoid: Never ride closer than three feet to a car. Maintain a lane position approximately where an automobile’s right wheel would be traveling.
If you are a cyclist injured by the negligence of an inattentive motorist, make sure you claim the compensation that is legally and rightfully yours. Contact a qualified attorney to discuss your situation.