What did you expect?

Its football season again.  Finally.  But with the season comes the ongoing discussion about concussions, especially repeated ones, and what is and is not an acceptable level of carnage that players endure for our amusement.  The NFL recently settled a lawsuit by former players regarding concussions.  And now comes word that a suit has been filed in California against FIFA attempting to alter rules to curb concussions too.

Brain Trauma

What does this mean to you:

Does everyone know that slamming your head into a 300 lb. hunk of linebacker is probably not good?  Sure.  But if the organizing league had information that the problem is much worse than reported, and refused to take action to fix the problem, all in order to make a profit at expense of the players’ health, that is a problem too.

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Separate AND unequal

Tragic story yesterday of two employees that were run down yesterday at Children’s Hospital in Columbus.  So why would Ohio law treat these two people – both injured in the same incident – differently from one another?

Your hurdle

One of the men was unfortunately killed in the wreck, while the other survived.  Ohio law places a limit or “cap” on the value of the injured man’s pain while not limiting the intangible losses to the family of the other.  I thought that was up to the jury to decide, not the politicians?

What does this mean to you:

The law is constantly changing, for better or for worse.  Make sure you understand the current law under which any potential claims are brought, as it may be different for different people at different times.

 

I didn’t do it

Sometimes the law holds people accountable even when they didn’t do anything wrong.  How can that be?

arrows

Think about it in terms of an employer and his employee.  When an employee is on the job and causes harm, the employer is legally responsible for that harm, even though the employer did not cause the harm.  This is called vicarious liability.

What does this mean to you:

Responsibility and fault are not always synonymous.  Say that five times fast.

The dangers of drop-sides

Drop-side cribs have been outlawed in the US since June 2011.  Infants’ heads can become trapped in the gaps around the drop-side.  While no new drop-side cribs are being made, plenty are still in use around the country.

13151a-2

A recall was issued this week for drop-side cribs made by PT Domusindo Perdana.  The cribs were sold at JC Penney from January 1998 through December 2008.  The drop-side can detach or fall off, causing a fall hazard.

What does this mean to you:

You can learn more about the recall here.  If you have one of these cribs, or any drop-side crib, contact the Consumer Product Safety Commission.

Add one more to the list

When we think of things that are dangerous to children, generally things like strollers or cribs come to mind.  But products designed for adults pose a dangers to little ones as well.  I stumbled on this tragic story about unstable furniture, like dressers, cabinets, and chests, that can tip over and pin children down, often with disastrous consequences.

Child climbing a dresser

What does this mean to you:

As parents, we can’t assume that only “kids products” pose dangers to kids.  To anticipate what children might get into, we have to to think like they would and approach common situations as they would.  Come to think of it, that might not be a bad way to approach life anyway for purposes of our health, business success, and mental acuity.

Not a leisurely stroll

Longtime readers of FSBD know I’ve covered the issue of dangerous children’s products before on this blog.  I saw this article today that Peg Perego stollers have just been recalled, with at least one death reported.  This, in the wake of other recent stroller recalls by both Graco and Maclaren.

Weeeeeeeeeeeeeeeeeeeeeeeee!

What this means to you:

Though we may not want to do it for every DVD player or blender we buy, take 30 seconds and fill out the warranty card so you are apprised of recalls as soon as they happen, especially for products that impact the safety of children.

On the road again…

Road rage, aggressive driving, asleep at the wheel.  These traits are bad enough when it’s the driver of another car doing it.  When it is the driver of a massive semi, its even worse.

Git 'er done.

Even though the safety benefits of trucks slowing down are well-know, crashes with semi’s continue to account for more that 4,000 fatalities per year.  That’s 10 people every day for a year.  Every year.  As a result, the Federal Motor Carrier Safety Administration has begun cracking down on dangerous trucking companies.

What does it mean to you:

What may seem like mere rude behavior can have an huge impact when a case it brought by a lawyer.  The behavior of a truck driver or trucking company can often dramatically affect the value of personal injury or wrongful death claim, positively or negatively.

The two guarantees in life

Everyone’s heard the old adage – the only guarantees in life are death and taxes.  I would think that both happening simultaneously would probably ruin your day.

What goes here?

CNN reports there is actually an increased likelihood of deaths from car crashes on tax day, probably caused by increased stress and driver inattention, which has become a huge problem.

In Ohio over the last 2 years, distracted driving accounted for more than 31,000 wrecks, 7,800 injuries, and 70 deaths.  Though lawmakers debated a statewide texting while driving law earlier this year,  Ohio is one of only 8 states that does not have a specific ban.  Of course, Ohio law does require all drivers to be in control of their cars at all times as a general rule.

What does this mean to you:

April is Distracted Driving Awareness month.  Any distraction from the primary goal of driving creates unnecessary risk to your passengers and other drivers on the road.

Take a minute, slow down, and be safe out there.

Yea, but the benefits make it worth it

Having a job is a good thing, let’s be honest.  Not getting hurt or killed on the job is even better.

Look out below!

In Ohio, though, if your employer is at fault for injuring you, you cannot make a claim against them.  Even if they could and should have prevented it.  Even if they knew you were going to get hurt and did nothing to stop it.  Thanks to the Ohio Supreme Court, unless your employer got up that morning and was specifically out to get you that day, they are not responsible for your medical bills, loss of a limb, or any damages, even if a death results.

What does this mean to you:

Someone injured or killed on the job is not always left out in the cold. If a person or company other than your employer was at fault – such as a sub-contractor doing work at an industrial job site or construction site, the manufacturer of a defective product, or any other third party – they may be entitled to make a claim, even though the injury happened while on the job.  A major part of any case brought by a lawyer or law firm is investigating all potentially-liable parties.  Workers comp may also be available, but by no means makes the person whole.