Norfolk-Portsmouth Personal Injury Lawyer - attorney

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.

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.

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

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

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

Suffolk’s Dog Leash Law Slated for Long Overdue Review and Expansion

Randy Appleton — Tue, 03 Nov 2009 09:41:15 GMT

The Nov. 3 Virginian-Pilot contains a report that will probably surprise most people in Tidewater. To quote the article, “The ‘enforcement areas’” for the city law requiring owners to keep their dogs on leashes when taking the animals off their own property, “omit large swaths of rural Suffolk and some newer housing developments.”

The exceptions—which do not exist in Chesapeake, Norfolk, Portsmouth, or Virginia Beach unless a dog is properly and legally used for hunting—have led to situations like one described in the article in which animal control officers could not impound a threatening pit bull because the officers had no legal authority to do so.

I wrote a few months ago that dangerous dogs often have owners who do not take the responsibilities to properly train and control their pets. Few steps are more responsible—or simpler—than keeping a dog on a leash while taking the animal out of the house or outside a fenced yard. At least 20 Americans have already died this year after being attacked by a dog. The final tally for dog bite fatalities in 2009 will probably exceed the number of 23 reached in 2008. And as high as those statistics seem, deaths from dog attacks pale in comparison to the millions of serious injuries that result from dog attacks in the United States each year.

Suffolk city council members have agreed to review their municipal leash law and may vote on an expanded ordinance this December. I hope the council members do act quickly.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. We have experience handling wrongful death cases, and we understand the difficult circumstances which accompany these types of cases.. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Rail Operators Shift to Opposing Safety Upgrades for Being Too Costly

Randy Appleton — Tue, 27 Oct 2009 12:03:36 GMT

Federal rules due to become final before the end of 2009 will require freight, passenger and commuter rail operator to install safety systems along their tracks that automatically slow or shut down trains when they get too close to each other. The systems, known as positive train control, are particularly effective at preventing moving trains from crashing into trains stopped or traveling on tracks ahead.

While a positive train control system did apparently fail with tragic results outside of Washington, DC, earlier this year, rail operators across the country initially appeared willing to put the systems in place when the U.S. Federal Rail administration drafted rules to require positive train control. Now, as reported by the Wall Street Journal, Amtrak, Burlington Northern and Santa Fe and the American Public Transportation Association, which represents subway and light rail networks, say making the safety upgrades will cost too much.

Twenty-year installation, testing and maintenance cost estimates for positive train control systems range as high as $24 billion. That’s a lot of money. But what price could be placed on the lives the safety systems will undoubtedly save? Or on the pain, disabilities and loss of work and wages people not injured in railroad accidents will not have to suffer?

My colleagues and I specialize in representing people injured while working or traveling on trains. We have seen too often how lives are shattered or lost in accidents that could have been prevented. Rail operators should comply with federal requirements for putting positive train control system in place despite temporary reductions in profits.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, including The Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Rail Operators Failing to Maintain Safe Crossings

Randy Appleton — Sun, 18 Oct 2009 14:01:53 GMT

Last Wednesday, a Minnesota (MN) Washington County Court judge affirmed a $21.6 million jury verdict against rail operator Burlington Northern Santa Fe Corp. for failing to maintain a safe railroad crossing. The judge also assessed $4 million in penalties against BNSF for destroying evidence in the case and for paying unqualified individuals for supposedly expert testimony.

BNSF had been defending itself against civil charges that its neglect of crossing safety led to the deaths of 17-year-old Bridgette M. Shannon and of Brian L. Frazier, Harry J. Rhoades Jr. and Corey E. Chase in Anoka, Minnesota on the night of Sept. 26, 2003. Each of the young men were 20 years old when the car they and Shannon were in was struck by a freight train traveling through a crossing where gates to block cars and trucks was not working.

Citing court documents, a Star Tribune article listed the following actions as BSNF’s “biggest blunders” in presenting it unsupportable defense:

Destroying a laptop that contained data about the train’s speed and the crossing signal procedures.
Losing or destroying a computer disk containing train and signal performance information.
Failing to inform inspectors and plaintiffs that it knew of signal problems.
Destroying records of track work at the crossing.

Railroad crossings should to be clearly marked, and train operators must ensure that any installed crossing gates and warning bells and lights are maintained in proper working order. Also, while not required, it is advisable that active tracks have gates at crossings and that crossings be cleared of anything that can obstruct a driver’s, pedestrian’s or train engineer’s vision. Failure to meet to follow safeguards caused a collision between a freight train and a car as recently as this weekend.

The Toledo Blade reported Sunday morning that Chris Butler and his son his, Craig Chadwick, died when their car struck a Norfolk Southern freight train as it crossed a long, private gravel driveway in the town of Delta, Ohio. Neither Ohio nor federal laws requires trains to blow their whistles when they cross private roads or paths, and the crossing where Butler and Chadwick were killed is marked only with stop signs and “Private Railroad Crossing” signs. A large shrub blocks the view down the tracks in one direction.

Having represented victims of railroad accidents since the 1980s, I know too well how important clearly marking and safely maintaining railroad crossings are. Judgments such as those in the BNSF case go some way toward ensuring railroads keep crossings safe, but the tragic accident in Ohio should remind everyone that much progress remains to be made.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as the Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJLOriginally posted at InjuryBoard by Randy Appleton

The Locomotive Inspection Act - Protecting Railroad Train Crews From Serious Injury On The Job

John Cooper — Wed, 14 Oct 2009 11:27:09 GMT

When it comes to legal liability and negligence, the threshold question is generally what attorneys call "duty." If I am injured in some way, I cannot recover any damages unless the person responsible for the injury had a duty of care toward me. The duties owed by a railroad employer to its workers are controlled by the FELA (Federal Employers Liability Act). Railroad employees do not get Workers’ Compensation like regular people in other industries. The major railroad companies have to provide the train crews like engineers and conductors, as well as all persons on the job, with a reasonably safe place to work. This basic FELA duty is owed to all railroaders on duty.

Proof of some negligence by the railroad is normally required under the FELA. Negligence standards sometimes are replaced with strict liability. Strict liability means basically that if you break it, you bought it. If someone is injured in certain aspects of railroad work, the railroad is automatically responsible. One such area often governed by strict liability standards is the equipment involved in the operation of locomotive engines. According to the Locomotive Inspection Act [LIA] (formerly the Boiler Inspection Act), a supplemental law to the Federal Employer’s Liability Act, interstate railroads have an absolute and continuing duty to provide safe locomotives for their workers running the trains. This legislation is intended for remedial and humanitarian purposes, and is to be construed liberally in favor of the worker.

What this means for employees of railroads is that if you are injured while on board a train, due to defective locomotive equipment, your employer is almost always liable. Note, however, that the locomotive must be "in use," though not necessarily in motion for this law to apply. Haworth v. Burlington Northern and Santa Fe Ry. Co., 281 F.Supp.2d 1207 (E.D. Wash. 2003). I must reemphasize that if death or injury results from a defective condition on a locomotive, then liability is automatic.

Examples of what qualifies as defective engine equipment are broken chairs, ill-maintained brakes, or inoperative cabin lights. The injury must be caused in whole or in part by the bad equipment on the engine to come under the LIA. If an employee is injured without any defective or misused equipment being the cause, then the LIA will likely not apply.

A showing that the injury was caused by defective or misused locomotive equipment will be a powerful argument to force the railroad company to fairly compensate the worker. An LIA case is typically going to be more valuable than a regular FELA claim and command more money in settlement. As always, if you have been injured and are seeking restitution, you should consult qualified legal counsel. That counsel should be experienced and have a working knowledge of the specific legal area (railroad worker injuries). If you have been injured while operating or riding on a train or locomotive engine, that expertise should include detailed knowledge of the FELA and the Locomotive Inspection Act.

Originally posted at InjuryBoard by John Cooper

Toyota Product Scandal: Allegations of Fraud, Obstruction of Justice From Former Attorney

Rick Shapiro — Thu, 01 Oct 2009 20:57:41 GMT

It’s rare that an insider "whistleblower" risks all by admitting personal knowledge of alleged fraud on courts, obstruction of civil justice and conspiracy. But these and further serious allegations are in a 100 plus page civil Complaint filed in a California state court suit by one of the former top Toyota defense attorneys named Dimitrios Biller-and it’s not in dispute that Biller was one of Toyota’s defense attorneys inside the inner sanctum of the overall coordination of Toyota’s computer files and therefore involved in responses to attorney and court ordered production of relevant documents. The Injuryboard national news desk reported on this Toyota tempest the other day as have a number of my Injuryboard blog colleagues ( Read Toyota Conspiracy to Conceal, Withhold, Destroy Evidence and ... ).

What is also not in dispute is that Toyota’s attorneys have spent--and are continuing to spend--big money to try to seal up the entire court file-unsuccessfully to date. Biller was paid over 2 million in a severance package and you have to wonder if Toyota was paying part hush money and part severance pay..

This is a big tempest, a tempest that I label as tort reformer nightmare fodder, because it’s not about a frivolous injured person’s suit this time—it’s about Toyota having hundreds of thousands or millions at stake in defending Toyota’s brand against rollover suits around the United States, mainly Toyota car accidents where consumers were seriously injured or killed in car “rollovers” which can involve analysis of roof strength and other product safety issues. In many suits, family’s attorneys have alleged that Toyota knew it had inadequate roof strength and were seeking to discover what Toyota knew about its car (product) quality, testing, and about other similar incidents (OSI’s). Attorneys are moving to reopen cases-which Toyota’s lawyers may have won. Is it losing if an opposing party games the system? Yes, and forever unless a party proves that there was fraud on the court that could not reasonably have been discovered. And just how would a victim’s injury attorney know if Toyota fraudulently concealed its documents and did not produce relevant memos. Biller actually outlines some of the issues in his lengthy complaint which reads like a short novel. And, yes, there is a ton of bad blood between him and his former colleagues. Its blatant they hate each other’s guts. Biller even attached his lengthy memo to his supervisors after he got a poor performance review before his demise. Its replete with references to how he and Toyota played hardball in fighting plaintiff's injury attorneys but I suppose that stuff is not surprising-they have a business to run and protect. Ethically, that is.

About Attorney Ethics, About Civil Justice, and About A Level Playing Field

There is a bad smell emanating from this sordid affair and no angels are in sight. Toyota issued a news release on its corporate website and between that and their court pleadings they essentially admit Biller was a coordinating defense attorney for its product liability defense outfit, but call him an unstable crackpot in as many words. Toyota claims lawsuits abound where Mr. Biller is involved and there may be something to that, but let’s get back to the point.

Toyota also admits Biller got a multimillion dollar severance package from the co. entity that employed him to coordinate electronic discovery responses and Biller was involved in managing outside attorneys handling the big Toyota cases. That’s a lot of money to pay a blithering fool that Toyota makes Biller out to be. Or, was Toyota concerned about what Biller knew and was it concerned about paying for silence? Toyota says it has done absolutely nothing wrong and claims its all fairy tale stuff.

When massive dollars are on the line—like defending product liability suits with a central coordinating law firm or defense attorneys—there is an effort to maintain central control of the faucet of information turned over. Would there be pressure to hold back documents that straddle the line? Sure. Would there routinely be “privilege” or other objections filed. Sure. But there comes a time—like receiving a court order-where the court may command that the documents be produced that only a defense attorney and the defendant client know about, until its produced. It’s painful complying with the law sometimes! But it’s painful for plaintiff attorneys to have to disclose a prior similar injury for example also. We attorneys do it because we know the law requires compliance.

If Toyota has nothing to hide, why would it seek to “seal” the entire court record? Because Biller might disclose ‘trade secrets”? Oh please. Balderdash.

So I ask again: where is the public outrage over the total disconnect between the wholesome, safety conscious image that Toyota presents in millions of dollars of television advertisements versus these allegations of its former insider? Toyota has on one of its international websites (Australia) a co. code of ethics, and I sure hope Toyota can prove it followed it in the US of A, or else a bunch of injury suits may end up being retried. If Toyota withheld similar incidents or product testing results from courts and juries we are talking “do over’s,” folks. And some of the attorneys at Toyota that determined it would not turn over documents-as Biller alleges-may have some explaining to do. To a judge or a state bar perhaps.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Check out some of our case results. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro