When Medical Records Lack Information

When medical records lack information this can be a legitimate cause for concern.  For example, a patient experienced a serious complication from a medical procedure.  The complication subjected the patient to a predictable risk of new injury.  The medical records did not contain any evidence of her doctors discussing the patient’s predicament or considering the patient’s predictable risk of new injury.  The doctors opted to do nothing for the patient while awaiting surgery the next day apparently oblivious to the predictable risk of injury to the patient.  The patient did suffer the predictable injury within 5 hours and experienced a permanent injury to a significant part of her body altering her life and abilities. 

When the doctors were asked under oath why they chose to do nothing, the doctors explained that they had considered another greater “significant risk” the patient was facing based on a diagnostic process.  The doctors claimed they must have discussed the predictable risk of injury the patient faced but they could not remember the details of these discussions or when the discussions took place.  The explanation offered by the doctors under oath sounded completely believable until one closely reviewed the medical records and timing of events within the records cross referenced with the story given by the doctors.  It turns out the diagnostic test relied on by the doctors never really reported the other “significant risk” as claimed by the doctors.    Additionally, the medical records were silent about the claimed other “significant risk” and had it actually been considered by the doctors, they would have had to have informed other care providers and note it in the medical record, which had never occurred.  Nowhere in the medical record had the other “significant risk” been recorded.

Rather than speak the truth – that the patient’s predictable risk of injury from the procedure complication had been missed and never considered – the doctors chose instead to fabricate their decision making process.  Why?  The reason for this mistruth can only be explained via a systemic culture of the hospital or the culture of silence practiced by the medical community when things go wrong and patients are unnecessarily endangered and injured.  If the doctors had admitted their lack of care, then the patient could have moved forward and have their damages addressed.  But instead considerable effort and time had to be devoted to exposing the “lie”, which only damages the reputations of the physicians and the hospital.   So if information is missing in a medical record, it can be a legitimate cause for concern. 

If you or a loved one have experienced an injury from medical care and treatment – consult with an attorney as soon as possible.  Please call the Randall Law Office for a free consultation (866) 775-0082.   

Safety First for Children Traveling in Vehicles.

Motor vehicle crashes are a leading cause of death among children in the United States.  In 2013, 638 children ages 12 years and younger died in motor vehicle crashes, and more than 127,250 were injured.  But parents and caregivers can make a lifesaving difference.

If you are driving anywhere, make sure any child passenger is buckled in an age- and size-appropriate car seats, booster seats, or seat belts. 

Data shows that:

• In 2013, use of restraints saved the lives of 263 children ages 4 years and younger.

• Car seats reduce the risk of death in car crashes by 71% for infants and 54% for toddlers ages 1 to 4.

• Booster seats reduce the risk for serious injury by 45% for children ages 4 to 8 years.

• Between 1975 and 2013, child restraints saved an estimated 10,421 lives of children ages 4 and younger.

Children aged 12 and under should be properly buckled in the back seat.  Front airbags can kill young children riding in the front seat. Never place a rear-facing car seat in the front seat or in front of an airbag.

While all of these statements may sound repetitive, observance of safety tested procedures prevent harm and keep us safe.  Stay Safe!

Justice for You and Safety for Your Community.

How do we obtain justice for you and how do we make our communities safer?  When you or a loved one has been injured or killed it will have occurred due to an individual or business violating safety rules, protocols or procedures.  To obtain justice for you, we work to identity the safety rule, protocol or procedure that was violated and we pursue your claim pointing out the safety violation.

   

There are safety rules for every kind of conduct, for example - medical care, operation of cars on the roads, dealing with businesses, landlord tenant relationships, maintenance of property to prevent injury to others, just to name a few.  These safety rules apply to the conduct of people or businesses in our community.

   

When safety rule violations result in injury or death to people in the community, from unsafe medicine or careless driving, or unsavory business practices, the community can enforce the safety rules making our communities safer for our families, friends and neighbors.  Communities can make our communities safer by enforcement of laws, passing ordinances, but most importantly, members of the community can hold violators of safety rules responsible when sitting on a jury in court.  The community jury verdict announcing a money judgment for those injured or killed due to safety violations sends a message that violators of safety in the community will be held accountable and responsible. 

Justice for you and safety for your community.

Be Proactive About Your Healthcare

Cancer is a devastating disease.  This day and age everyone knows someone who has or had cancer.  There are many types of cancer and we cannot help but be familiar with those types of cancer that are in the news the most – breast cancer, lung cancer, prostate cancer.

The fact is, medical professionals still believe early detection leads to a better outcome for the patient.  That means people have to bring health concerns to the attention of their physicians and the physicians have to listen, investigate, order the necessary tests and send you to the right doctors to determine if you have cancer. 

Of course many health concerns are not related to cancer.  Your physician is responsible for knowing what the red flags are and whether further testing is necessary or you should be referred to specialist.  Delays in diagnosis are preventable.

As people have recognized, today’s delivery of healthcare has changed.  Many people across the country complain their doctors do not listen, are not familiar with them or their medical history, do not give them enough time and do not order enough tests. 

Stand up for your or your loved one’s right to receive good healthcare – ask questions, get answers in easy to understand terms, request tests, and request referrals and second opinions.  Be proactive about healthcare for yourself or your loved ones.  Everyone has the right to receive good healthcare. 

If you or someone you know has experienced a delay in diagnosis of cancer or some other illness, please call the Randall Law Office for a free consultation (866) 775-0082. 

Summer Safety.

Summer is a time of fun, sun and water sports. But even this great time of year can be dangerous if safety rules are not followed.

Recent studies have confirmed that back yard pools are the #1 cause of drowning deaths for children aged 1 to 4. Young children are particularly susceptible to drowning because they are poor swimmers, are unaware of dangers and can easily fall in while playing around a pool.

Children must be carefully observed at all times in and around the pool without exception. Any inattention can quickly result in a tragedy that was preventable.

As you begin this summer make sure that when your children enjoy the backyard or public pool safety always comes first and you keep an eye on them at all times.

Call the Randall Law Office at (866) 775-0082 with any questions about the consequences of safety rule violations.

Hazardous Driving on Maine Route 1.

Route 1 in Maine has just received the dubious distinction of being named one of the 7 most dangerous roads in America according to www.defensivedriving.com.  If you are a frequent or even infrequent traveler of that roadway you probably will agree.

Most people will tell you that it is not a fun road to drive with poor road signs, sharp curves, and often times harsh weather.  To make matters worse there is a large population of moose in the area who use the highway as a crossing.  All of this combines to create the higher mortality rate along rural lanes in Maine than in any other state.  That last sentence is sobering.  Imagine, more people per capita die in car accidents on rural roads in Maine than any other state in the Union!

If you or someone you know has been involved in a Maine car crash please call the Law Office of Mark Randall in Portland at (866) 775-0082 right away.  There is never a charge for an initial consultation.  Mark has handled car accident cases throughout the state of Maine for over 27 years and will aggressively represent your interests to obtain the compensation and justice you deserve.

How Long Do I Have to File a Slip and Fall Claim in the State of Maine?

If you are thinking about a slip and fall lawsuit you need to understand the state’s statute of limitations and how it applies to your particular situation.  There are different deadlines depending on the kind of case you wish to file.

In the context of a slip and fall accident, if you think the property owner is responsible for dangerous property conditions -- and by extension, for your injuries -- you must get any lawsuit filed against that person (or business) within six years, and the “clock” starts running on the date the slip and fall occurred.

That same six-year deadline applies if your personal property was damaged -- let’s say you broke an expensive watch when you fell, for example -- and you want to file a lawsuit asking for the repair or replacement of that property.

You may be wondering what happens if you try to file your lawsuit after the deadline set by Maine’s statute of limitations has already passed. In that situation, the property owner is sure to make a motion to dismiss your lawsuit, and the court will almost certainly grant the motion.

Do not take chances with a potentially life-changing situation.  Contact your Maine slip and fall attorney Mark Randall at (866) 775-0082 immediately!  Or visit them on the web at their beautiful new home, www.randalllaw.com.

Anchor And Stabilize Your Televisions and Furniture

The U.S. Consumer Product Safety Commission (CPSC) has released a statement urging parents and caregivers to anchor and stabilize their furniture, appliances, and televisions in order to put a stop to tip-over related accidents.

In a report released by the CPSC this past December, 349 people were killed in tip over related accidents between 2000 and 2011. Eighty-four percent of the people that were killed were younger than 9 years old. 2011 had the greatest increase in fatalities at 41 for the year. The CPSC estimates that over 43,000 people are injured each year in these types of accidents. Falling televisions accounted for 62 percent of the reported fatalities.

Most fatalities occur in the bedroom. Some reports believe that as a family transitions to a flat screen TV, their older, heavier TV is moved into the bedroom without the proper stand or anchoring device. A dresser is no place for an unanchored television and is involved in many tip-over related accidents. A TV should be placed on a stand suitable for its size and weight, in addition to being securely anchored.

In an effort to prevent tip-over related tragedies, the CPSC recommends the following safety measures in homes where children live or visit:

• Anchor furniture to the wall or the floor.
• Place TVs on sturdy, low bases, or anchor the furniture and the TV on top of the base, and push the TV as far back on the furniture as possible.
• Keep remote controls, toys, and other items that might attract children off of TV stands or furniture.
• Keep TV and/or cable cords out of reach of children.
• Make sure freestanding kitchen ranges and stoves are installed with anti-tip brackets.
• Supervise children in rooms where these safety tips have not been followed.

Remember to secure and stabilize your furniture, a child is no match for a 50 to 100 pound item. Safety first, in the home and in our communities. For more safety tips and information visit my blog and the Randall Law Office Facebook page.

Drive Safe This Winter

People all over the country are being affected by winter weather. The National Highway Traffic Safety Administration recommends that motorists take extra precautions to ensure safety while on the road. Below are some tips to prevent a breakdown and tips on what to do if your vehicle does suffer mechanical issues while out and about.

• Visit your mechanic for a periodic safety inspection and to address routine vehicle maintenance. Have your vehicle checked thoroughly for fluid leaks and any other needed parts, repairs, or replacements.
• Have your starting system battery checked for sufficient voltage. When the temperature drops, so does battery power. Be aware that it takes more cranking power to start your vehicle in cold weather. Also, be sure the connections are properly tightened and free of corrosion. If necessary, clean them with a solution of baking soda and water.
• Make sure you have enough coolant in your vehicle and that it's designed to withstand the winter temperatures you might experience in your area. A 50/50 mix of coolant to water is sufficient for most regions of the country. See your vehicle owner's manual for specific recommendations.
• If your engine cooling system hasn't been flushed (draining the system and replacing the coolant) for several years, have it done now. Over time, the rust inhibitors in antifreeze break down and become ineffective. Coolant also needs to be refreshed periodically to remove dirt and rust particles that can clog the cooling system and cause it to fail.
• Make sure your windshield wipers and defrosters are working properly. Refill the windshield washer reservoir as needed with high-quality, "no-freeze" washer fluid.
• Before you drive, remove snow and ice from all of your vehicle's windows and mirrors and keep them clean to maintain the best visibility. Also, be sure to clear snow and ice from your vehicle's roof and hood to ensure good visibility for both you and following motorists.
• Check tire pressure and make sure each tire is filled to the vehicle manufacturer's recommended inflation pressure, which is listed in your owner's manual and on a placard located on the driver's side doorjamb (called the "B-pillar"). If a vehicle does not have a B-pillar, then the placard is placed on the rear edge of the driver's door. Tire pressure drops as the temperature drops. Properly inflated tires ensure optimum tire performance and optimum vehicle driving range.
• Keep a tire pressure gauge in your vehicle at all times and check pressure when tires are "cold" - meaning they haven't been driven on for at least three hours.
• Check your tire tread depth and make sure you are using a tire appropriate for the winter driving conditions you may encounter. If the winter season means sleet, slush and snow-covered roads in your area or where you're traveling to, consider replacing tires when they reach approximately 5/32" of remaining tread depth. If you regularly encounter severe winter driving conditions, you may consider a dedicated winter/snow tire for optimum traction.
• Stock your vehicle with essentials in the event of an emergency including a snow shovel, broom, ice scraper, jumper cables, flashlight, warning devices (flares, reflective markers, etc.) and blankets for protection from the cold. A mobile phone, water, food, and any necessary medicines may prove useful if you become stranded.
• If road conditions are hazardous, wait until road and weather conditions improve before venturing out in your vehicle.
• If you do become stranded, don't run your car for long periods with the windows up or in an enclosed space to avoid asphyxiation from carbon monoxide poisoning. If you must run your vehicle, clear the exhaust pipe of any snow and run it only sporadically - just long enough to stay warm.

For more driving safety tips, visit www.nhtsa.gov.

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.

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.