The Dangers Of Magnets

With the holidays upon us it is important to be aware of the dangers of toys that possess tiny, powerful magnets. These items may seem harmless at first, however they can be potentially dangerous if two or more magnets are ingested. Because they become attracted to each other internally, they can cause perforations, obstructions, sepsis, and death. Often times surgery is required to not only remove the magnets, but repair its path of destruction.

In an interview, Kim Dulic, spokesperson for the U.S. Consumer Product Safety Commission, told ABCNews.com that incidents of kids and teens accidentally consuming high powered magnets have been on the rise. From 2009 to 2011, there were 22 reported cases with ages ranging from 18 months to 15 years, 11 required surgery to remove the magnets.

One 3 year old girl from Oregon consumed 37 magnets. The magnets, clamping together, punctured her stomach and intestines. Most people, including the Oregon girl, experience symptoms similar to the flu after several days of having magnets in their body.

The U.S. Consumer Product Safety Commission (CPSC) advises in the instance you suspect magnets have been swallowed:

• Seek immediate medical attention
• Medical symptoms to watch for are: abdominal pains, nausea, vomiting and diarrhea.
• In X-rays, multiple magnetic pieces may appear as a single object.

Small children learn and explore by putting objects in their mouths, which is why all parents need to have an increased awareness of toys that incorporate magnets. Parents must all be aware of any manufacturer recalls. The following link to the CPSC website includes up to date information on recalls: http://search.cpsc.gov/query.html?qt=magnets&charset=iso-8859-1

If your child has been injured as a result of a magnet in a defective toy, contact Maine Personal Injury Attorney Mark Randall.

Do You Have A Wrongful Death Claim?

When filing a wrongful death claim there are many factors involved. Among those, a list of requirements to substantiate your claim.

It is important when filing a wrongful death claim that one must be ready to suggest, and ultimately either prove or convince, a jury of the defendant's negligence.

• Was there negligence, recklessness, complacency, or malfeasance on the part of the another party?
• Did the deceased leave behind survivors? Without them, there can be no wrongful death suit.
• Did the surviving dependents suffer in some way? Be it financially, emotionally, or mentally?

Does your claim meet these requirements? Then you very well may be entitled to compensation. Grief and disparage can be so consuming that a wrongful death law suit is too much to bare. But, in the the case of wrongful deaths and tragedies as a result of negligence, it is important to seek damages to assist with expensive funeral costs and to ultimately preventing from it happening to anyone else.

It is a matter of justice when seeking a wrongful death claim. If you feel that your loved one's death was a result of a negligent act, contact Maine Wrongful Death Attorney Mark Randall. Life is too precious to let negligence win.

How Prepared Are You For Hurricane Sandy?

Does your home have a disaster supply kit ready to go in case of an emergency? If it doesn’t, it should. Being equipped with the necessary items can ease some of the fear and anxiety that accompany waiting out a hurricane.

According to the FEMA and the Department of Defense, Veterans, and Emergency Management, every Maine household should have these items in a kit.

A basic supply kit should include:
3-day supply of nonperishable food that does not require cooking
3-day supply of water (1 gallon of water per person, per day)
Portable, battery powered radio with extra batteries
Flashlight with extra batteries
First aid kit
Cash 

Telephone that works if the electricity is off
A safe way to heat food and water: camp stove, etc.
A way to keep warm if the power is off: sleeping bags, extra blankets, etc.
3-day supply of your medicines on hand at all times
Items for infants: formula, diapers, etc.
Food and water for pets
Battery-powered or hand crank radio and a NOAA Weather Radio with tone alert and extra batteries for both
First aid kit
Whistle to signal for help
Dust mask to help filter contaminated air
Plastic sheeting and duct tape
Moist towelettes, garbage bags and plastic ties for personal sanitation
Wrench or pliers to turn off utilites
Manual can opener for food
Local maps
Cell phone with chargers, inverter or solar charger

Additional items can include:
Prescription medications and glasses
Infant formula and diapers
Pet food and extra water for your pet
Cash or traveler's checks and change
Important family documents such as copies of insurance policies, identification and bank account records in a waterproof, portable container. You can use the Emergency Financial First Aid Kit (EFFAK) (PDF - 977Kb) developed by Operation Hope, FEMA and Citizen Corps to help you organize your information.
Complete change of clothing including a long sleeved shirts, long pants and sturdy shoes.
Fire extinguisher
Matches in a waterproof container
Feminine supplies and personal hygiene items
Mess kits, paper cups, plates, paper towels and plastic utensils
Paper and pen
Books, games, puzzles or other activities for children

The Centers for Disease Control and Prevention has information on how to properly disinfiect drinking water should you need to. Visit their website for more information: http://www.cdc.gov/healthywater/emergency/safe_water/personal.html

Visit http://www.maine.gov/mema/prepare/index.shtml for more information on shelters and for daily updates on Maine’s preparedness for Hurricane Sandy. 

Be a Good Passenger

We've all heard about being a safe driver, but sometimes we're not behind the wheel controlling the situation. Despite this, there are still things passengers can follow to contribute to a safer journey.

1. Don't distract the driver - either by showing them something on your phone, pointing something out in the area, or suddenly yelling at them.
2. Always wear your seat belt the way it's intended. This ensures that if an accident were to occur, you would have the best protection available.
3. Never get into a car with an intoxicated driver. Call a cab.

4. Do not steer the car for the driver from the passenger seat, even for a few seconds. This greatly lowers the reflexes of the driver and may result in an accident or worse. This also puts the passenger in a dangerous position should the car's airbags deploy.

5. Do not eat in the car. This one is not just to keep the interiors clean, but also supports the driver to not do the same. Numerous accidents occur every year due to food related crashes.

6. Do not wear headphones in the car. While you may not be driving, being constantly aware of your surroundings is important. This way, you'll be able to warn the driver if he or she overlooks anything.

7. On long drives or road trips, stay awake and talk to the driver to keep them talkative and active. This helps the driver stem off being sleepy. Swap places with them if they are not comfortable enough to drive. Never risk it.

Fall Safety Tips

With summer drawing to a close and fall beginning to take form across the nation, people seem to breathe a little easier when it comes to safety. No more pool parties, slippery water slides, or trips to the beach. But much like summer, fall has its own list of tips to take notice of, especially when most people and their guests begin to move indoors.


1. First and foremost, it's time to move all that summer gear to the storage shed. Many areas are notorious for getting snow in the fall and having pool toys laying around the yard or patio is a great way for a guest to trip and hurt themselves.


2. Keeping bags of sidewalk salt prepared to prevent icy walkways is always a good rule of thumb when heading into the coming months. This not only protects you, but your neighbors and mailman, too.


3. As a majority of activities will be taking place inside the house, make sure to test all smoke alarms and replace any batteries.


4. If you have a fireplace, make sure you clean the chimney before using it. Debris and other materials may have accumulated in it throughout the spring and summer.


5. Candles are nice for mood setting and smells, but never leave one unattended. Also clear away any items around the candle that may catch fire.

6. Since our area receives a lot of snow, make sure your roof is clean and prepared to handle the coming months of snowfall. House roofs have been known to collapse from the weight of the snow and injure those within.


7. Fix any steps or walkways around the house that may have become dislodged or loosened in preparation for winter.


8. Since your heater will most likely be on, and windows shut, install a carbon monoxide sensor in your home.

While there are plenty more safety tips around, these are just the start at helping keep you and your guests safe and accident free.

Hiking Safety Tips

Shirley Ladd, a 22-year old woman from New Hampshire, died at Acadia National Park Saturday. Ladd was hiking with another person when she fell 60-75 feet off of a hiking trail. The rescue for Ladd took 5 ½ hours and a team of 31 people from various groups including Lifeflight of Maine, Acadia Mountain Guides, and Bar Harbor Fire Department. Ladd was pronounced dead after arriving at Eastern Maine Medical Center.

Many people enjoy hiking, but hiking can be very dangerous. It is imperative to obey rules and be prepared for emergencies. Always stay on the designated trail. Never wonder off the trail because it may not be safe. There could be slip, trip, and fall hazards, poisonous plants, and other things lurking. Another rule of thumb, follow all posted signs. They are there for a reason.

Taking the “buddy” approach is also important when going hiking. If you have at least two or three other people with you, you can all watch out for each other and someone is there to get help if something happens to a member of your party. Be considerate to other hikers on the trail. Leave any gate how you found it, do not change or move signs around, and do not remove someone else’s flags.

Before you go on your next hike; be prepared. Always keep an up-to-date map of the location. Carry a compass and GPS with you just in case you get lost. Wear the proper attire such as solid hiking boots. Bring extra water, especially on hot summer days to prevent dehydration and other heat related illnesses. It is also a good idea to bring a first aid kit of some sort, even if it’s a short day trip.

Drive Safe!

The Centers for Disease Control and Prevention reports that motor vehicle crashes are the leading cause of death in the United States for people ages 5-34. With summer at its peak, and back to school around the corner there are a few things to keep in mind while on the roadways. Most traffic collisions are avoidable if the proper precautions are followed. Road traffic collisions account for the majority of personal injury claims. The CDC has classified motor vehicle accidents as a “serious public health matter.”

Next to distracted driving, especially due to cell phone use, young drivers may be a potential risk on the road because of lack of driving experience. Motor vehicle crashes are the number one leading cause of death among teens in the U.S. The most at-risk teen drivers include; males, newly licensed teens, and teen drivers with teen passengers. Distracted driving, lack of experience, and recklessness all play a role in the rate of teen accidents. Parents need to speak with their children about safe driving practices.

Another tip for staying safe on the road includes making sure younger children and infants are properly secured in motor vehicles. Safely securing infants in the proper car seat reduces the risk of death by 71% and 54% for toddlers. Children are too little to brace the impact of an accident, thus needing a safety restraint. Also, never let a child ride in the front seat of a car, ride in a car without a seat belt, car seat, or booster seat, or be in the car without adult supervision.

Driving irresponsibly is not worth taking a life or getting injured. So practice safe driving. Often accidents can be prevented, but for those hazards that cause accidents that deem inevitable, being prepared and having the proper car seat, etc. may broaden the chances of survival upon impact. And remember to keep teen drivers aware of the dangers of distracted driving.

Tips To Keep Your Family Safe This Summer

Many incidents resulting in injury or death occur because of the failure to follow basic safety rules. Violating safety rules needlessly endangers people. Following community safety rules prevents harm to individuals in any situation.

When we think pool safety, we generally think of “child safety.” However adults need to stay safe as well.

A swimming pool can be an oasis of fun filled entertainment as a means to beat the heat and enjoy the summer. Unfortunately, that oasis can many times become a danger zone when safety rules are ignored and violated. We all know that children should always have adult supervision when swimming to prevent drownings. However drowning isn’t all that occurs. The pool and it’s surrounding area can offer up many dangers. Slipping accounts for a plethora of deaths and injuries each year for both children and adults. Pets also succumb to a myriad of injury and death as well. So what can you do to ensure that you have the safest habitat for outdoor entertainment as possible?

1. Prevention
Injuries can happen at anytime however preparation can be the saving factor to prevent such events. Make sure to contain the pool area, a fence is ideal and in many communities a requirement. Yes it can be costly, but having a fence will reduce or even eliminate incidents. Many states such as Arizona require it. Do not over crowd your pool with toys, make sure you can see straight to the bottom of the pool should you need to. Adults, be wary of drinking alcohol while swimming. Should you drink too much and pass out, it could be the difference between “sleeping it off” and drowning.

2. Communication
Always let someone know you are swimming... even adults. Sound silly? Not really. If you talk to your neighbors, instruct them on how to access the backyard pool (in the event of an emergency) and you will at least have helping hands should you need them. Keeping a phone near the pool can be a life saver in the event of an emergency as well. Also, if there is a pool party, even if there are many adults around the pool designate at least one adult to supervise the children. Never simply assume someone is watching them.

3. Learn CPR
What’s a couple of Saturdays out of your month? In the time it takes to watch a few ball games, you can become CPR certified. If you own a pool, you owe it to yourself and your family to learn! Coincide CPR lessons with swim lessons for your family and you will have a happy and safe summer.

There are many things to remember around the swimming pool. Most important is safety and prevention. Check in, check often, check off everything on the safety list.

Stay Safe During Summer Road Trips

With summer approaching, people will be hitting the road for family road trips. It’s an age old tradition for families across America to jump in the car and see this great country of ours. Since the advent of the automobile and the highway, we have been a nomadic people; longing to see the country that we call home.

Before you head out to see Aunt Sue in Ohio, or Grandpa Albert in New Mexico, take a few things into account to make sure you and your friends and loved ones have a safe and happy road trip.

We all know the dangers of drunk driving and should look out for, and report anyone doing it, however other dangers exist the results of which can be equally fatal. With technology advancing at a rapid rate, we become more and more dependent on our hand-held devices; to get us places, communicate, document, etc. While these gadgets and gizmos have enhanced our lives and made them much more convenient, they have also taken away a great deal of our attention. As a result, automobile crashes caused by distractions are rivaling those caused by drunk driving. In many cases, texting can inhibit your senses and response time as much as a few cocktails.

Almost everyone’s phone is a portable entertainment center, office, library, message center and more. Just because it’s small, it doesn't mean it won’t consume as much of your attention as if you actually had a copy machine in your car along with a desktop computer, a couple of photo albums, a stack of mail, and a movie playing on a plasma screen all at the same time.

Once the “task of driving” takes a back seat to your cell phone, everyone on the road is in danger. Failing to follow the safe driving rules of the road needlessly endangers everyone including you and those in your car.

The solution? Follow basic safety rules. Make your phone inaccessible while driving. If you must take a call, use a hands-free device. (Although more and more studies are showing that to be just as distractive as well). Otherwise, turn it off and enjoy the ride. You have a responsibility as a motorist to yourself, your passengers, and those you share the road with to be safe and not to needlessly endanger anyone.

Massachusetts Hospitals Pilot Apology Program

A group of six healthcare organizations announced on April 18th, 2012, that the new “Disclosure, Apology and Offer” process will be piloted this year in seven Massachusetts hospitals. This process will require disclosure to patients when a medical error is made during the course of the patient's care. Once the error is investigated, an apology is issued and financial settlement is offered in lieu of legal action.

“This idea that you have to wait for five years (for a suit) to play itself out in the legal system before you can get an explanation that you need to heal, I think it’s unacceptable,” says Dr. Ashley Yeats, chief medical officer of Beth Israel Deaconess Hospital-Milton. “ It takes precious time away from patients, it takes time away from physicians, and it ultimately takes good people, I think, out of the health care system.”

While more transparency among health care providers is a good thing, it is cause for concern when the entire process can be controlled by the hospital itself. If it is decided that malpractice has occurred, the hospital then apologizes and makes an offer to the patient. In accepting that offer, the patient signs away all of their legal rights - even if the patient requires future medical treatment that the settlement did not account for.

The hospitals say that patients will be “encouraged” to hire their own counsel to evaluate whether an offer is fair, however counsel is not required. And since the overall goal of the program is to prevent any litigation, a representative from the hospital would most likely offer a settlement that would be keeping in line with the hospital’s need to lower medical malpractice costs. How could the average person be capable of making a fair minded decision as to whether the amount in the settlement is a reasonable number without the assistance of an attorney that is looking out for your best interests?

Suffolk University Law professor Gabriel H. Teninbaum reviewed apology programs across the country and wrote this about the University of Michigan hospital system (UMHS) on which the Massachusetts apology program is based:

“Patients need an advocate because programs like UMHS have attorneys whose primary obligation is to protect the assets of their organization. This dynamic results in what is, in actuality, an adversarial environment that simply uses collaborative language. Without legal advice of their own, patients who take part in apology programs must trust that risk managers would violate their obligation to their own employer (of keeping overall costs low), in order to give them an appropriate settlement. There is simply no evidence that this has, or will, occur and no program has released any data to that effect…

In other words, it has not been made public whether patients with valid claims for malpractice are giving up some compensation to which they are entitled in exchange for the warm discussions UMHS provides. If the small glimpse provided by [one anecdotal] case isrepresentative of what UMHS does, then the organization derives significant financial benefits by paying less money to patients injured by medical errors.”

If an “apology” is accepted by the patient, an apology protection provision would be included that would prevent a litigant from “parroting back” a physician's acknowledgment of error while in a lawsuit. Even though these systems allow the involvement of an attorney, they should require it. It should be certain that all victims of medical malpractice are fully aware of their options. And while honesty is the best policy, in this instance it comes with a caveat - your legal rights.

It cannot be emphasized enough that people need legal counsel when making important financial decisions. Considering settlement of a personal injury claim - medical malpractice or otherwise - is an important financial decision. In addition to surrendering certain legal rights the decision will impact your life for years to come. Getting legal counsel in advance can help insure that you make the right decision and protect your legal rights.

Keep Your Property Safe for Foreseen and Unforeseen Visitors

When you invite a guest into your home, whether it’s for a dinner party or to do repairs, you are accepting responsibility for any injuries that could occur on your property due to unsafe conditions. Even in the instance a trespasser is injured, you bear some responsibility so it’s best to keep your property safe, at least for the sake of the unknown.

There are three different classifications of people that can come onto your property. The first is an invitee. When a homeowner invites someone to enter the premises, the home owner is taking on the duty of keep the area safe so that the person doesn’t injure themselves. Contractors or your satellite installation person are typically considered an invitee.

The second classification is a licensee. A licensee is a person that has no contractual relation to the property owner but is allowed to be on the property, this is typically a social guest. The home owner has no duty to the licensee for obvious conditions, but rather conditions that are concealed. However, a condition that is obvious during the day time becomes impossible to see at night.

The third is classification is a trespasser. It is surprising to many home owners that they have a duty to protect these people as well considering they were not invited on to the property. The home owner has no duty to prevent the trespasser from harm until the homeowner is aware of the uninvited person. Only then does the property owner have a duty to avoid injuring the trespasser. Also, the homeowner is not allowed to intentionally inflict harm on the trespasser by preparing traps or pitfalls. Mot home owners take out coverage on their Insurance policy to protect themselves from this type of legal trouble. There is an exception to the trespasser rule, if the property owner has reason to believe that children will trespass on their land the owner must take special care to protect the children and prevent injury. There are criminal fines and penalties for trespassing in certain circumstances.

Under Maine law the owner of property has duty to an invitee to exercise due care to have its premises in reasonable safe condition and to give warning of latent or concealed perils. An invitee on property has the right to rely to some extent upon the owner's discharge of the duty owed to invitees that they would not be exposed in their use of the property to an unreasonable risk of harm. An invitee is not bound to anticipate negligent conduct on the part of the owner in the maintenance of the property, but the invitee has the right to assume that the premises are reasonably safe for their use.

Steps should be taken to eliminate dangers to visitors on your property:

• Inadequate Outdoor Lighting can lead to a person being injured on a sidewalk or in a parking lot. The property owner can be held responsible if they knew or should have known about the dangerous situation but failed to fix it. 
• Flooring problems can result in slip-and-fall accidents. A property owner’s oversight for providing adequate signs for wet areas, failure to provide proper barriers, floor waxing in excess among other scenarios can all lead to a slip and fall accident. 
• Store owners are liable for their patrons. People visit a store to primarily benefit the store owner by purchasing products and services. It is the store owner’s duty to keep they premises reasonably safe. For instance, if it has been raining for a several days straight, and the owner makes an effort to keep his floors reasonably dry and free of water, there may not be a way to keep the floors completely devoid of water. However, if it rained several days prior and the floor still has puddles, then the store owner may hold some liability. 

The reasonable foreseeability of injury to others from one's acts or from one's failure to act raises a duty under the law to proceed in the exercise of reasonable care and do what needs to be done to keep people safe. It is not necessary that the precise type of injury be foreseen nor the specific person injured.

It would be wise to walk around your property with a sharp eye just to be sure you are keeping your business or home safe for anyone that might visit it, invited or not.

Cyclist Safety

Riding a bike can be a great way to spend time outdoors and to get around town in a more eco-friendly way, especially with the weather warming up. When a person chooses to share the road with fast moving vehicles, they need to be diligent in their efforts to stay safe. Each year, more than six hundred people are killed and nearly fifty thousand more are injured in bicycle collisions. Some of these accidents can be attributed to the cyclist’s behavior, while others are a result of the motorist’s lack of attention to safety.

When using the road along side vehicles and pedestrians, a cyclist should ride with traffic in the street as far right as possible. Riding on the sidewalk is illegal in some Maine towns. When riding a bike, you are required to follow traffic signals, including stop signs and traffic lights.

One of the best ways to keep yourself and others safe while riding your bike is to maintain control. Choosing the correct bicycle size is the first step to safety; a good fit will allow for easier control, ample comfort, and will cause less fatigue. Ask for assistance at a bike shop if you are unsure on how to choose the correct fit.

The next step to ensure safety is to get a properly fitting bike helmet. Even a simple fall can result in a life threatening head injury. It is also important to be visible and alert. Even if you are a safe and courteous bike rider, there is always a chance of being hit by a motorist that is not paying attention or simply doesn’t see you. You must always be prepared to take action.

When making a turn or coming to a stop, use your hand signals to let the drivers around you know what action you’re going to take.

By becoming a conscientious cyclist you can avoid potentially dangerous scenarios while enjoying your time outdoors.