Norfolk-Portsmouth Personal Injury Lawyer

Hampton Roads toxic drywall victims take their battle to state insurance officials

John Cooper — Sat, 21 Nov 2009 18:07:56 GMT

Hampton Roads homeowners saddled with toxic Chinese drywall are facing another challenge: Getting home insurance companies to cover their losses.

"I always thought insurance would cover this,” homeowner Larry Ward told WAVY-TV earlier this week. “I went right to my insurance company asked them about this. Evidently there are some exclusions in every policy.”

I wrote about this difficult issue in October, and my colleague Jim Lewis wrote about a tour federal officials took of Chinese drywall-afflicted homes in Hampton Roads.

Many insurance policies have “pollution exclusions,” often taken to refer to something outside the home – a chemical spill, for example – damaging the inside of the home.

But it’s not clear whether pollution exclusions cover the damage caused by toxic Chinese drywall. However, insurance companies have denied toxic Chinese drywall claims in other states by citing the pollution exclusion.

State insurance officials in Virginia are studying the issue; Virginia Beach City Councilman Bill DeSteph wants the state insurance commissioner to rule that the pollution exclusion can’t be applied to Chinese drywall. DeSteph has also been lobbying on behalf of residents in the General Assembly.

Meanwhile, Ward has had to abandon his home, fearing for the safety of his children. Repair quotes from contractors have run from $220,000 to $450,000. His insurer has not denied his claim, but it hasn’t accepted it either. He told WAVY that his claim is now in his insurance company’s litigation department.

"You just have no clue of what damage it's causing, and how frustrating it is to have a beautiful home and have to walk away from that home," Ward told WAVY.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by John Cooper

Falling trees: The silent danger in storms

Jim Lewis — Fri, 20 Nov 2009 21:17:57 GMT

Last week’s nor’easter has reminded us of a silent danger – large trees at risk of falling down in a storm and injuring someone.

The risk of injury isn’t trivial – a 17-year-old Newport News boy was badly hurt when a tree more than six feet in diameter fell into his family’s trailer at Warwick Mobile Home Estates at 12095 Jefferson Ave. on Nov. 12.

My colleague Rick Shapiro has written recently about a number of other storm dangers, including drowning while driving, chainsaw safety and generator safety.

The Newport News teen told WAVY-TV that he was sitting on his living-room couch and watching TV – hoping school would be cancelled – when his life changed forever.

"All of a sudden the house started shaking. I thought it was, like, an earthquake," the boy told WAVY.

The tree cut the trailer in half and tore off the roof. It took a crew from Hampton Roads Crane & Rigging Co. – using a 60-ton crane – two hours to lift the tree and free the boy, whose legs were pinned to the floor.

The boy has been released from the hospital after surgery and x-rays. While he didn’t break any bones, the Daily Press reported, he did suffer some nerve damage in his back and legs.

In a case where a tree causes not only personal injury but property damages, the legal issues of responsibility often involve whether a business or homeowner was aware that the tree was in a weakened condition, or was actually a dead tree, as several examples. If the damages orginates from a condition on the business/homeowner property, and if the responsible person/entity knew or should have known of the danger, liability may attach under the law. Injury attorneys must explore these issues and all potential sources of insurance, such as homeowners, or property/liability insurance.

Proper care and maintenance can often prevent trees from falling down as the tree in Newport News did. Tips include: frequent and proper pruning, avoiding damage with lawn mowers and other yard equipment, and digging too close to the tree.

(MM)

Originally posted at InjuryBoard by Jim Lewis

FAA system failure raises safety concerns

Emily Mapp Brannon — Thu, 19 Nov 2009 23:59:19 GMT

The system that failed is the behind-the-scenes communication network the Federal Aviation Administration uses to track flight times and paths, The New York Times reported.

Without it, The Times reported, airlines were forced to fax flight plans to the FAA, and then air-traffic controllers had to type the flight plans into the FAA computer manually.

Those flight plans usually include hundreds of numbers and letters, as well as the kind of aircraft, place of departure, and precise en route flight plan – checkpoints, altitudes, and more, The Times said.

A bad circuit board was blamed for the glitch, the Los Angeles Times reported. And while federal officials emphasized that passenger safety was never an issue – radars, radios and other critical systems continued to work – the failure raises yet more troubling questions about the FAA’s technology situation.

“The aviation agency’s data processing system has a variety of problems,” The New York Times said. “While it was hailed as a marvel when it was introduced decades ago, much of it is written in obsolete computer language and the agency has been slow to provide updates.”

Hartsfield-Jackson Atlanta International Airport in Atlanta was hit especially hard, with AirTran cancelling 30 flights and Delta Air Lines cancelling 54. Hundreds more were delayed, the Los Angeles newspaper said.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Chain saws present another post-nor'easter danger

Rick Shapiro — Wed, 18 Nov 2009 23:41:00 GMT

With the skies clear after last week’s nor’easter, attention is turning to cleanup – especially the hundreds of trees and thousands of large limbs that were felled throughout Hampton Roads.

The Norfolk Botanical Garden alone lost about 40 large trees, The Virginian-Pilot repor ted. Local, state and federal officials are still trying to put together a comprehensive regional tally.

Where there are downed trees, chain saws are sure to follow. However, the proliferation of chain saws means many of them are being operated by inexperienced users. This is not unlike the danger presented by generators, which I wrote about in a previous post.

And the chain saws can be more dangerous than the storm. After Hurricane Hugo, two people died from chainsaw injuries, according to Virginia Cooperative Extension at Virginia Tech.

The extension office has this advice for people dealing with downed trees:

• Ask yourself if you really need a chain saw. Branches and limbs four or fewer inches in diameter are poorly-suited to a chain saw and should be cut with a hand saw or an axe.

• Wear the proper clothing and safety gear. This includes safety glasses or goggles, heavy-duty, non-slip gloves, non-slip shoes, hearing protection, clothes that do not hang loose, long-sleeve shirt and pants, and a hard hat.

• Avoid kickback – when a saw comes back at the operator because the saw’s nose hits an obstruction. Hold the saw firmly with both hands, use a saw with a chain brake or kickback guard, don’t cut at a height above your shoulder, and keep the chain sharp.

Originally posted at InjuryBoard by Rick Shapiro

Nor'easter safety: take care when using generators

Rick Shapiro — Thu, 12 Nov 2009 20:52:51 GMT

As the record nor’easter continues to churn through Hampton Roads Thursday, residents who lose electricity should exercise care when using generators.

Most deaths associated with generators come from carbon monoxide (CO), the noxious gas that comes from generator use.

Generators can produce large – and potentially fatal – amounts of CO within minutes. CO cannot be smelled, seen or tasted.

The danger is not a trivial one; almost 160,000 customers in southeastern Virginia were without power as of Thursday night, The Virginian-Pilot reported. If previous history is any guide, some of those customers will not have service restored for days. Many of those customers will use a portable generator in the mean time.

The Consumer Product Safety Commission’s Web site has these suggestions on how to avoid CO poisoning:

• “Never use a generator inside homes, garages, crawlspaces, sheds, or similar areas, even when using fans or opening doors and windows for ventilation. Deadly levels of carbon monoxide can quickly build up in these areas and can linger for hours, even after the generator has shut off.”

• “Follow the instructions that come with your generator. Locate the unit outdoors and far from doors, windows, and vents that could allow CO to come indoors.”

• “Install battery-operated CO alarms or plug-in CO alarms with battery back-up in your home, according to the manufacturer’s instructions. CO alarms should be certified to the requirements of the latest safety standards. Test batteries monthly.”

Yesterday, I wrote about driving safety in flood conditions. Tomorrow, I will discuss the hazards encountered during storm cleanup.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

A Trillion Text Messages in the Next Two Years?

Rick Shapiro — Thu, 12 Nov 2009 14:30:15 GMT

There were 800 billion text messages sent in 2008, according to the Strategic Mirror Report. This increased by four times compared to 2006. If we continue on this trajectory, we’ll hit one trillion text messages by 2010.

Texting in-and-of itself is fine; a great advancement in mobile phone technology. However, I’m extremely concerned a large quantity of these soon-to-be-trillion texts will be made behind the wheel of a car. Take a survey the next time you pull to a red light at a major intersection-chances are more than half of the drivers are talking on their cell with it held to their ear, or they are looking down at the PDA or blackberry.

Driving and texting is extremely dangerous. In fact, it’s 23 times more dangerous, according to the Virginia Tech Transportation Institute. There are even studies showing it’s just as risky as drinking and driving.

Even more terrifying is the fact that young drivers are the most prone to text and drive. As the father of two teenagers, this is what worries me. Even if my kids are responsible and restrain themselves from texting and driving, there could be an irresponsible driver on the road looking down at their 3G IPhone texting away and not realizing they are putting people’s lives at risk.

Virginia passed a law restricting texting while driving. Specifically, a driver is fined $20 if a police officer discovers them texting and driving, but the officer needs to pull the driver over for another infraction (i.e. speeding, running a red light, failing to use a turn signal, etc.).

I hope these laws become stricter in the near future. Texting is becoming standard practice in our society, and will be second nature to the next generation. We need to instill in our teens and young adults that texting while driving is simply unacceptable. Our law firm has written a complete Free Report on the epidemic of "distracted driving" which includes some surprising statistics and facts about the distraction epidemic.

Check out our FREE special report on distracted driving, which includes texting while driving.

Originally posted at InjuryBoard by Rick Shapiro

Nor'easter heightens drowning risks to Hampton Roads (VA) residents

Rick Shapiro — Wed, 11 Nov 2009 23:21:15 GMT

The Nor’easter that blew into Hampton Roads Wednesday afternoon may be one for the record books – but hopefully residents will exercise common sense and stay safe.

The greatest hazard to human life during Nor’easters and other severe coastal storms is drowning while behind the wheel. The National Weather Service says that more than half of all storm-related drownings come when someone drives into water.

“People underestimate the force and power of water. Many of the deaths occur in automobiles as they are swept downstream,” the weather service says on its Web site. “Of these drownings, many are preventable, but too many people continue to drive around the barriers that warn you the road is flooded.”

In Norfolk, city emergency managers are urging drivers to be especially cautious both Thursday and Friday from 3 a.m. to 8 a.m. and from 3 p.m. to 8 p.m., WAVY-TV reported. These times are when tides are expected to reach their apex.

Typically, in Norfolk, these streets flood: Hampton Boulevard north of Old Dominion University, Tidewater Drive south of Brambleton Avenue, and large parts of the Hague, Willoughby, East Ocean View, Larchmont and Edgewater.

The weather service has these suggestions to avoid drowning in a storm:

• Listen to NOAA weather radio or another trusted news source

• If flooding occurs, get to higher ground

• Avoid areas already flooded and don’t try to cross flowing water

• Don’t drive on flooded roadways; the road may be washed out

(MM)

Originally posted at InjuryBoard by Rick Shapiro

International Paper Killing Jobs in Franklin, Virginia (VA)

John Cooper — Wed, 11 Nov 2009 11:21:01 GMT

In today's tough economic times, no one can really be certain about keeping their jobs. This truth hit the people of Franklin, Virginia (VA) very hard, when they learned that a local paper mill was closing. This mill employed over 1,000 people, all of which are now going to be without work.

Carroll Story, the president of the United Steelworkers local that represents the workers, said: "Right now, everyone is in a hole. They're in a daze, a dream. They're like, 'What happened?' "

"You have people here 30, 40 years, and this is all that they've ever done," said Story, 49, who has worked at the mill for 31 years. "It's going to be devastating to the community. There's not enough work in this area to absorb this work force."

The Memphis-based company, International Paper, has been closing several mills around the country, but shutting down the Franklin mill alone is going to account for more than 2/3 of the company's recent lay-offs.

While the laid-off employees will be getting severance packages, and job-placement assistance, it will be difficult for the surrounding community of Isle of Wight County, Virginia to absorb the new pool of labor. Thus, a community that has depended on this mill since 1887 is now going to be forced to undergo drastic changes.

The paper company's representatives claim that it was a difficult decision for them, and in no way reflected on the employees' skills or hard work, but many in Franklin are now bitter about the way big business has chosen profit over people. Often, a corporation, in selling a plant, will refuse to sell it to anyone who competes with the company pulling out in paper products which is likely the best use for the property and would be the easiest way to reuse the factory.

It is certainly a difficult situation for everyone involved, but my heart goes out especially to the citizens of Franklin, Virginia, who are the most recent victims of the recession and the greed of corporate America. Loss of your job is a devastating problem for a worker or family to face. Although the people of Franklin will survive this body blow, it is sad that the company did not do more to prevent this damage to people who had given so much to the business for so long.

Originally posted at InjuryBoard by John Cooper

High-Speed Rail Plan Moves Forward for Southside Virginia (VA)

John Cooper — Tue, 10 Nov 2009 08:59:27 GMT

Taking cars off Hampton Roads highways is the surest way to reduce traffic congestion, increase driver safety and ensure that economic growth in the area extending from Suffolk to Williamsburg doesn't stall in the face of transportation problems.

Acknowledging that commuter rail is an essential solution to Tidewater's traffic tangles, the Hampton Roads Transportation Planning Organization on Oct. 30 unanimously approved a plan to create a high-speed rail line between Petersburg--south of Richmond--and downtown Norfolk. The HRTPO also considered a proposal to put tracks that would accommodate trains traveling at up to 110 mph on the Peninsula, between Richmond and Newport News, but determined that the Southside course made more economic and logistical sense.

A significant selling point for the Southside route was that high-speed train passengers could deboard at Harbor Park and transfer to the soon-to-open Tide light-rail line.

The HRTPO is made up of senior officials from all the cities in Hampton Roads, and its decision represents the first significant step toward securing a share of $8 billion in high-speed rail development money the Federal Railroad Administration will distribute next year. The proposal to construct a new passenger rail line that parallels Rt. 460 and an existing Norfolk Southern freight line now must pass through a state planning board and public comment period before being forward to the FRA.

The editors of the Virginian-Pilot on Nov. 9 praised the TPO's decision as "courageous." I wouldn't go that far, but I absolutely consider high-speed passenger rail is a necessity for Hampton Roads.

At least a year of debate remains, of course, and the region has no guarantee of receiving federal assistance for construction costs. Plus, even if construction begins in 2011, any high-speed rail service to Hampton Roads might not begin until 2015. A delivery on promise of reduced traffic, safer roads and continued economic health will be worth the wait, however.

The best part to me of this news was the baby step toward cooperation among the cities in Tidewater. It was great that the mayor of Hampton helped a regional plan get made. As someone who lives in Norfolk but works in Virginia Beach, I can never understand why the leaders in Hampton Roads cannot get its act together to help solve traffic problems.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by John Cooper

Deer: A Major Danger and Expense on Virginia Roadways

Jim Lewis — Sat, 07 Nov 2009 10:58:03 GMT

Close to 50,000 Virginians will file insurance claims for deer-related accidents at an estimated cost of nearly $15 million, according to the Fairfax Times. Virginia (VA) is currently ranked fifth out of all 50 states for deer-vehicle accidents and the frequency in which these accidents occur has increased 18 percent in the past five years, according to Reuters. It’s clear this is a major safety issue and an added risk while you’re behind the wheel.

It’s terrible if you wind up hitting a deer with your car. We’ve all seen the after-effects on the side of the road and the damage to your car can be extensive. Nevertheless, what’s even worse is to swerve in order to miss the deer and wind up slamming into another vehicle or veering off the road and hitting a tree or light pole. This can lead to a serious injury such as a broken back, lacerations to the face, a traumatic brain injury, or even death.

Don’t get me wrong, I’m not advocating pressing on the accelerator when a deer appears on the road, but the safety of you, potential passengers, and the other drivers on the road takes precedent over a deer.

You also need to be aware that only a comprehensive insurance policy covers deer-related accidents. This is important since 36 million Americans don’t have comprehensive insurance plans, according to USA Today. So not only is a deer accident dangerous, it can be costly if you’re not adequately insured.

The best piece of advice I can give you is be vigilant. The challenge with these deer-related accidents is that the animals leap out of nowhere onto the roadway providing very little reaction time for a driver. This is why you must always maintain eye contact on the road and be ready for anything that comes your way.

Originally posted at InjuryBoard by Jim Lewis