Bicyclists: How to Stay Safe

Posted by on May 23, 2017 in Personal Injury | 0 comments

Bicycles have various advantages. Compared to other modes of transportation, they cost less and require less maintenance. They also promote fitness and avoid pollution. Because of these advantages, many Americans have bicycles as their transportation method of choice, especially if their destinations are not that far. This has one negative consequence – many Americans are also at risk of bicycle accidents and injuries.
According to the website of this Fort Worth personal injury attorney at the Benton Law Firm, those who have been hurt in bicycle accidents because of somebody else may have legal options, such as getting compensation. This means that, legally, bicyclists and other motorists on the road should ensure that no bicycle accidents happen.

Before the Ride

There are some safety tips you can follow before and during the ride to minimize the risks of accidents. Before the ride, it is important to consider the following:

  • Wear the right gears – There is a reason why bicyclists you see on the road always wear helmets and pads for their elbows and knees. These are their only protection in case an accident occurs.
  • Inspect your bicycle – Bicycle defects are some of the most overlooked causes of accidents, especially those that involve bike frames, brakes, pedals, and tires. Always check for damages before riding.
  • Make sure you are visible – If you are going to a place with limited lighting, make sure that you will be visible to other motorists. You can do this by wearing reflective clothing and having functional bicycle lights.
  • Avoid impairments – Don’t consume products that may physically or mentally impair you, such as alcohol, illicit drugs, and medications.

During the Ride

  • Follow traffic rules – The most basic thing you can do is to follow traffic rules. They are implemented to ensure the safety of all kinds of people on the road, including bicyclists.
  • Be mindful of obstructions and slip hazards – Compared to other vehicles, bicycles are more vulnerable to small obstructions like traffic cones and rocks and slip hazards like leaves, because their tires are smaller and thinner, and therefore they are more likely to crash even on simple things. Watch out for these.
  • Be alert – Be alert of possible collisions, especially on intersections and turning maneuvers. Also be particularly wary of pedestrians who suddenly cross the street and vehicle doors that suddenly open.
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Not all Children’s Toys Meet CPSC Standards

Posted by on Feb 11, 2017 in CPSC Standards | 0 comments

Every year, around 3,000 to 5,000 locally made or imported new toys are introduced and made available in the market. Due to this number of toys, plus all the other products under the jurisdiction of the Consumer Product Safety Commission (CPSC), consumers, most especially parents, should know that the CPSC cannot test all toys, and that not all toys on store shelves meet CPSC standards.

To keep harmful and injurious toys out of children’s reach, the government has passed federal regulations against use of toxic substances, such as lead paint, and choking parts, like magnets and small parts. Despite these regulations, however, toys that contain these harmful elements continue to slip through and show up on store shelves, continuously putting children’s lives in great potential danger.

There are more than 15,000 different types of products in and around the home and schools that are under the watch of the CPSC. The CPSC is tasked to protect the American public from unreasonable risks of injuries or death associated with the use of consumer products. It accomplishes this task by:

  • Banning any type of consumer product that causes danger or has the potential to cause danger;
  • Issuing product recalls; and,
  • Formulating product safety requirements.

Monitoring over 15,000 different types of products, however, but with only 163 employees (as of March 2012), the CPSC finds it very difficult, if not impossible, to police or test every toy in order to make sure that defective and dangerous ones never make it to store shelves.

Making sure that children’s toys are safe is, first and foremost, the duty of manufacturers. It is these toy makers’ legal responsibility to comply with the standards set by the CPSC, standards which require children’s toys to be free of choking and strangulation hazards, excessively loud noise, projectiles and small parts, like magnets, which may be swallowed, sharp edges that can cause cuts, punctures or lacerations, and toxic chemicals (such as lead, cadmium and phthalates or toxic additives). When buying a toy for their kids, parents have to guard against and keep away from electric toys, and toys with: button batteries and buckyballs (tiny magnets); cords and strings, which can cause strangulation; sharp edges; small parts; loud noises, which can damage hearing; sharp points; and, propelled objects, such as arrows, darts, missiles, and other projectiles.

According to the law firm Mazin & Associates, PC, “When a defective product has caused injury to you or a member of your family, it can be incredibly distressing. It is especially frustrating if you later learn that such an ordeal could have been prevented if certain parties had not acted negligently. To make a claim against a defective product, you must prove that you were not mishandling or misusing the product in a way that would cause injury or negative side effects.” A seasoned personal injury lawyer may be able to help greatly in a legal pursuit against the maker of a defective toy.

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Safety Equipment Every Boat Must Have

Posted by on Nov 22, 2016 in Boating Safety | 0 comments

Boating provides people with a great way to explore the sea. However, while it can be a fun experience, boating trips are also full of risks. For this reason, boat owners need to ensure the safety of all your passengers. One of the best ways you can keep everyone safe while exploring the sea is to have the necessary safety equipment.

According to the website of Hankey Law Office, not having safety equipment on your boat can jeopardize the security of guests. Here are some of the most important safety equipment your boat must have:

Floatation Device

The life jacket in your boat must comply with the US Coast Guard requirements. You must have one approved Type I, II, III, or V floatation device to board on water skis, tubes, etc.

Visual Distress Signal

Boats must also have its own visual distress signal (VDS). The VDS must contain one orange distress flag and one electric distress light, or three hand-held floating orange smoke signals and an electric distress flight, three combination red flares, and others.

Fire Extinguisher

For boats that have inboard engines, it is necessary to have one marine type fire extinguisher. In the case of motor boats, it should be not less than 26 feet long. Again, the fire extinguisher should be approved by the US Coast Guard.

Ventilation

There should be two ventilation ducts effective enough to ventilate every compartment containing gasoline engine and/or tank. The exception is those who have boats with permanently installed tanks.

Sound Producing Device

Sound producing devices are designed to make a sound signal. It does not make sounds for human produced noise

Navigation Lights

Navigation lights are necessary for displaying sunset or sunrise

These are just some safety equipment that you need to have to ensure the safety of your passengers or yourself as well.

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Subsys: A Powerful and Powerfully Addictive Opioid (Narcotic) Pain Medicine

Posted by on Oct 27, 2016 in Subsys Spray Lawsuit | 0 comments

Medication Guide for prescription drugs that contain fentanyl warn users against misuse of these drugs, as well as against giving this drug to children or any one whose pain is not cancer related and who is not opioid tolerant, otherwise, the consequences can be fatal.

Subsys is one of the drugs that bears this warning. Though approved by the U.S. Food and Drug Administration (FDA) for treatment of late-stage breakthrough cancer pain, the FDA also strictly orders that it should only be given to cancer patients who have developed a tolerance for opioid drugs.

Subsys was introduced by Insys Therapeutics, Inc. in 2012. This sublingual spray medication contains fentanyl, an extremely potent opioid painkiller that is 80 to 100 times more powerful than morphine. Fentanyl is usually the next option when morphine and other types of painkillers can no longer provide relief from breakthrough pain due to cancer. Being a powerful and powerfully addictive opioid (narcotic) pain medicine, Subsys is declared as a federally controlled substance (CII) due to the high possibility of it being misused and abused.

Despite claims that Subsys effectively controls breakthrough cancer pain and Insys Therapeutics’ expressed commitment to developing products for the supportive care of patients, more that 250 individuals have already died, with their deaths being reported (to the FDA’s Adverse Events Reporting System) as adverse reaction (with another drug) triggered by Subsys.

There are many other side-effects associated with the use of Subsys, including nausea, vomiting, somnolence, constipation,respiratory depression (which can lead to apnea),circulatory depression, hypotension, shock, slow heart rate, feeling like passing out, loss of appetite, dizziness, worsening tiredness or weakness, and fatal breathing problems.

According to a Subsys attorney, so many individuals, who are not even cancer patients, have been prescribed with Subsys due to Insys Therapeutics’ aggressive marketing strategy and claim that their drug may be used for non-approved treatments (or off-label use).

Those who have been harmed by Subsys, especially those who, in the first place, should not have been prescribed with this drug, should file a lawsuit to bring this drug’s manufacturer, as well as those who inappropriately prescribe this drug, to justice.

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ERISA Claims

Posted by on Aug 22, 2016 in Workers' Compensation | 0 comments

One common basis of many legal battles in federal courts is with regard to employment concern, particularly concerning ERISA, which stands for Employee Retirement Income Security Act. ERISA was passed into law by the 93rd United States Congress on September 2, 1974, for the purpose of making sure that the millions of Americans, upon their retirement, will be able to enjoy the deposited assets or funds in their retirement plan during the years when they were employed. This Act, however, is to benefit only those employees in companies where their employer has sponsored, on their behalf, a health insurance coverage or any other benefits, such as a pension plan.

The Employee Benefits Security Administration (EBSA), a branch of the US Department of Labor which has been charged with the administration of ERISA, does not require employers to sponsor plans for their employees. Its main task is to make sure that the interests of ERISA-covered employees, along with their beneficiaries, are protected by the Act and informed, through the same, about all the vital information, relating to the plans sponsored on their behalf.

ERISA also sets the minimum standards on how employees would qualify for the availment of the benefits offered by the plans. These standards include: specification of the length of employment required for an employee to qualify as a participant in the plan; the number of years required before an employee can rightfully enjoy non-forfeitable interests in their pension plan; the length of time an employee is allowed to be away from his/her job without his/her benefits being affected; and the right of the employee’s spouse to the pension in the event of his/her death.

Often, however, despite an employee’s qualification into the program and eligibility in already claiming the benefits stipulated in the plan, his/her application ends up getting denied. It is important to know that pension plan providers are afforded 90 days by the law for the processing of applications; they can request for an additional 90 days if more time is needed.

Denial of claim or getting approved for a benefit, but which is lesser than the amount stipulated in the plan policy, entitles the employee to file a written appeal with the plan provider, usually within 60 days after the application has been denied.

The Hankey Law Office believes that while any individual can choose to personally take care of all legal concerns regarding pension benefits and all other types of claims, having a highly-competent lawyer to assist you is still a much wiser move. Pension plan providers apply legal articles whether in approving or denying claims. It is only right to deal with them in legal ways too.

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