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 Portable Generator Safety Tips From the National Safety Council

In an emergency, portable electric generators offer lifesaving benefits when outages affect your home or business. They can safely power important electrical equipment such as portable heating units, computers, water pumps, freezers, refrigerators and lighting. However, portable generator use can also be very hazardous. If you plan on using an emergency generator, it’s essential that you take precautions for your safety and the safety of those working to restore power.

The most effective way to avoid portable generator mishaps is to make sure you fully understand the proper operating procedures. Read and follow the manufacturer’s guidelines before operating or maintaining your generator – and don’t forget to use common sense.

Follow these tips for safe portable generator use:

  • Always read and follow the manufacturer’s operating instructions before running generator
  • Engines emit carbon monoxide. Never use a generator inside your home, garage, crawl space, or other enclosed areas. Fatal fumes can build up, that neither a fan nor open doors and windows can provide enough fresh air.
  • Only use your generator outdoors, away from open windows, vents, or doors.
  • Use a battery-powered carbon monoxide detector in the area you’re running a generator.
  • Gasoline and its vapors are extremely flammable. Allow the generator engine to cool at least 2 minutes before refueling and always use fresh gasoline. If you do not plan to use your generator in 30 days, don’t forget to stabilize the gas with fuel stabilizer.
  • Maintain your generator according to the manufacturer’s maintenance schedule for peak performance and safety.
  • Never operate the generator near combustible materials.
  • If you have to use extension cords, be sure they are of the grounded type and are rated for the application. Coiled cords can get extremely hot; always uncoil cords and lay them in flat open locations.
  • Never plug your generator directly into your home outlet. If you are connecting a generator into your home electrical system, have a qualified electrician install a Power Transfer Switch.
  • Generators produce powerful voltage – Never operate under wet conditions. Take precautions to protect your generator from exposure to rain and snow.

The purpose of both workers’ compensation and personal injury claims is to provide compensation to injured individuals and although there are differences between the two, there are also areas of overlap. Workers’ compensation can provide monetary awards to those injured while on the job but there are some instances when injured workers may be able to also bring a personal injury claim. These include:

  • Injuries involving a defective product in which a claim may be brought against the product’s manufacturer
  • Injuries involving a toxic substance in which a toxic tort claim may be brought against the manufacturer of the toxic substance
  • Injuries occurring as a result of an employer’s intentional or egregious conduct
  • Injuries occurring in a workplace in which the employer is not required to carry workers’ compensation insurance or is required but has failed to do so
  • Injuries caused by the negligence of a third party, someone other than an employer or a co-worker.

Personal injury claims may be brought by any injured person regardless of where the injury occurred. The key is not where the injury occurred but whether or not it was due to the negligence of another person, product or substance or if it was intentional.

Although workers’ compensation provides monetary and other benefits to an injured worker, the awards can be quite low compared to those allowed in a personal injury claim.  And, workers’ compensation does not provide for compensation for pain and suffering.

Since it doesn’t cost you anything, you should contact a Personal Injury Attorney to review your case to see if you may have both a workers’ compensation claim and personal injury claim arising out of the same incident.

And, as always, I would be happy to assist you with this!

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Civil wrongful death lawsuits can be filed in Florida by the family members of an individual who died as the result of someone else’s negligence. It is mandatory that the death occurred as a result of someone else’s fault.  In a wrongful death lawsuit, Florida law mandates that a cause of action must be brought within two (2) years rather than four (4) as in a personal injury case.  If a loved one has passed away due to the negligence or carelessness of another, do not delay, call now. I can help you.

Wrongful Death Cases in Florida

The state of Florida records a large number of personal injury accidents every year and a significant percentage of these are accidental deaths. Some of the most common causes of wrongful death are vehicle accidents that result in one or more fatalities. Car accidents are a leading cause of death throughout the state.

 

Driver negligence is an important element in all vehicle accidents including drunk driving or driving under the influence of drugs, reckless driving and even drowsy driving.

 

Other causes for wrongful death accidents in Florida include accidents that involve semi-trucks or commercial vehicles, machinery-related accidents, toxic exposure or fire deaths. Medical malpractice wrongful death is another example, including surgical errors, failure to diagnose or failure to provide the needed/adequate treatment.

 

The burden of proof (the need to show that the other driver, person or entity was negligent) falls on the Plaintiff and in Wrongful Death claims, is brought by the Personal Representative of the Estate of the deceased person.

 

Compensation in Wrongful Death Cases

The types of compensation awarded in Wrongful Death cases are monetary and include medical and burial expenses. Survivors are also entitled to compensation for non-economic damages such as loss of support, services, companionship and protection as well as mental pain and suffering.

 

Do you know someone who recently lost a family member due to wrongful death? Remember that time is of the essence and even though the family is grieving and it may be the last thing on their mind, you could help by getting in contact with us so we may begin preserving evidence and preparing their case.  The loss of a loved one is difficult and while I can’t ease their sorrow,  I can help them find justice!

rainy-driving

Florida is in the middle of daily monsoons and driving is difficult when you can hardly see two feet in front of you.  We do not always drive in ideal conditions. Heavy rains, thunderstorms, and flood conditions make for difficult driving, and drivers must develop special skills for handling these conditions. Here is some great advice from the web when approaching any of these adverse conditions:

  1. Unlike the 2-or-more-seconds rule used in good road conditions, in any inclement weather situation the driver should increase following distance to at least 4 seconds or more. It takes longer to stop in adverse conditions.
  2. Don’t use cruise controlwhen driving in inclement weather. If a car begins to hydroplane, for example, the car will shoot forward at an erratic speed. Inclement weather situations call for driver control, not automated systems.
  3. Do nothing abruptly. Start, stop, turn and change lanes more slowly than normal.
  4. Be more meticulous about signaling so other drivers will know your intentions. Because your brakes may be less effective, increase your following distance.
  5. Apply the brakes earlier and with less force than normal to increase the stopping distance ahead of you and let those behind you know you’re slowing down.
  6. If possible, drive in the center lanes or stay in the middle of the road to avoid standing water. Most roads in the USA are “crowned” (slightly higher in the center than on the sides) so water will collect at the edges before it drains away.
  7. Avoid driving through pools of water in the road by driving around it or choosing a different route if at all possible. It could be just water, but it could also be hiding debris or a pothole.
  8. Don’t attempt to cross running water. If the force of the water is greater than the weight of your vehicle, your car could become buoyant and actually float off of the road. After you drive through standing water, tap on your brake pedal lightly to dry off some of the water on your rotors.
  9. Turn on your headlights even when there’s a light sprinkle to help you see the road and other drivers see you. But don’t blast your high beams in rain or fog because the light may be reflected back at you.
  10. Watch out for pedestrians. The rain will create more distractions and deaden sounds, so they’ll be less able to watch out for you.
  11. Never drive through a rain so heavy that you can’t see the road. If it’s raining that hard, pull over and wait it out. If your vehicle stalls in deep water, leave it and move to higher ground if you can do so safely.

Collisions are more likely to happen in the rain, so remember, if you or someone you love is in a collision, get medical help immediately and call me for your free consultation.  We are available 24/7 to help you.  Marianne Howanitz PA, where we put the Passion in Compassion.

Stay safe out there friends, Marianne

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In the last week, I have received calls from three different people who have been involved in accidents with uninsured motorists. This means that I cannot help them recover all their medical costs, lost wages and pain and suffering. I feel so badly for them and wanted to let you all know what you could do to help protect yourself.
Did you know that approximately 1 in 4 drivers in Florida are not insured? And nationally, the rate is about 1 in 7. A partial answer to this horrifying statistic is that I would highly recommend everyone carry Uninsured/Underinsured Motorist Coverage. It is relatively cheap to purchase when renewing your auto insurance and a real-life saver should you be involved in an accident with an uninsured or underinsured motorist.
Uninsured Motorist Coverage is basically what the name suggests, a driver and vehicle without an auto insurance policy. But, what does it mean to be underinsured? Let’s say you’re involved in a crash in which the other driver is at fault. You find out the other driver only has $10,000 in bodily injury liability coverage and that amount is not enough to cover your medical bills, lost wages and pain and suffering. In this case, the other driver would be considered under-insured—meaning that they have an auto policy but it’s not enough to cover all of your damages.
This is something you’ll need to think about, as the limits for uninsured and underinsured motorist coverage can range from $10,000 to over $1 million. Some people choose a limit equal to their bodily injury liability limit, but that’s not always a requirement. For help deciding, you may want to consider a number of factors, including what kind of health insurance you have and whether you have access to short- and long-term disability through your employer to ensure you don’t lose out on wages if you’re too injured to work.
What does uninsured/underinsured motorist coverage typically cover? With this added coverage, your insurance company basically steps into the shoes of the at-fault driver, therefore, it covers the same damages as bodily injury liability insurance: past and future medical expenses, past and future lost wages and, if you are permanently injured, past and future non-economic damages like pain, suffering, scarring, disfigurement and loss of the ability to enjoy life.
Uninsured/underinsured motorist coverage provides coverage to the driver and all passengers in the insured vehicle. Uninsured/underinsured motorist coverage also follows the insured. For example, if you are a passenger in your friend’s car and an uninsured/underinsured motorist injures you when he crashes into your friend’s car, your policy will cover your damages not covered by the at-fault driver to the limits of your own underinsured/underinsured motorist policy.
Should you be involved in an accident, be sure to get medical help immediately and if you have questions about the accident, please give me a call for a free consultation. We are available 24/7 to help you.

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I see the tents popping up all around town to sell fireworks.  Are you planning to buy some?  Fireworks are synonymous with our celebration of Independence Day and I fondly remember being a child and the thrill of setting off sparklers and bottle rockets. Yet, the thrill of fireworks can also bring injury and pain.  On average, 230 people go the emergency room every day with fireworks related injuries in the month around the July 4th holiday.

I am always surprised at how powerful the fireworks that my neighbors shoot off each year are.  Manufacturers, and those that sell their products, have a responsibility to meet certain standards of health and safety, to include proper instructions and warnings on a product, and to remove potentially dangerous products from the market.  If a person is injured due to a defective product or inadequate warnings, they may make a claim against the manufacturer or those in the chain of distribution of the fireworks.

When people carelessly use fireworks or don’t follow the instructions, innocent people may pay the price. When this happens, the injured party has the right to file a claim for damages against those that injure them.  Many times homeowner’s insurance will cover such claims.  It takes an experienced, knowledgeable attorney to successfully pursue justice in such cases.

Have you or a loved one been injured as a result of defective fireworks, inadequate warnings or someone’s negligent use of fireworks? It is important that you contact legal counsel as soon as possible.  The preservation of evidence needed to prove your claim is of utmost importance and may be lost or destroyed if not preserved immediately.

We wish all a happy and festive Independence Day and remember to stay safe out there.

YOUR #accident/injuryattorney Marianne

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Did you know that one person is injured or killed in a truck accident every 16 minutes? 

The United States Department of Transportation estimates that over 500,000 truck accidents occur every year. More than 75% of truck driving accidents are due to the driver of the passenger vehicle.

Did you know that typically the injuries to the victims are severe and often fatal?

Large trucks account for only about 3% of auto accidents, yet because of their sheer size and weight, a semi-truck or 18-wheeler can cause incredible damage to the other vehicles involved and their passengers.

Do you know what to do if you are injured in an accident involving a commercial truck?

Seek medical help immediately, make sure everything is documented, make sure that law enforcement has responded to the accident and made a report.  Never take any calls from insurance companies without consulting with an attorney that specializes in trucking accident collisions first.  Often these accidents are the result of trucking safety or driving law violations. State and federal regulations often come into play in a truck collision. Truck accident cases can be complicated because the truck, trailer and contents can be owned by different companies and operated by yet other independent companies. For this reason, it’s imperative that you work with a Florida truck accident attorney who is skilled in this area of litigation.

Do you know what to do if someone loses their life in a trucking accident?

Once again, it is important that you speak with a skilled truck accident attorney.  There are many processes that the families of the deceased must go through and it can be very overwhelming given the grief and stress they are already enduring.  Having the right attorney and her staff helping them through the process can provide a lot of relief at that time.

Did you know that Marianne Howanitz is a nationally recognized truck accident attorney?

I am always available to answer any other questions or concerns you might have about a truck accident. And, as always, there is no charge to you at any time until or unless a settlement is reached.  You may reach me at 352-512-0444 or through my website: www.ocalaaccidentlaw.com.

Did you know this fun fact?

The world’s most solitary tree is located at an oasis in the Tenere Desert in Central Africa. There’s not one other standing tree within 31 miles. In 1960, it was smashed into by a truck.

As always, stay safe out there friends!

YOUR #truckaccidentattorney, Marianne

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I know that I am looking forward to a great vacation with my family this summer, are you?  Even when we don’t go anywhere there are lots of things to do in my neck of the woods here in Ocala, FL.  Or, lots of ways to get injured, if you look at it with my world view as an accident and injury attorney!

In the past we have represented clients with injuries from the following accidents over the summer:

  • Personal watercraft, jet-ski, and water ski accidents.
  • Boating and cruise ship accidents.
  • Scuba diving and parasailing accidents.
  • Swimming pool and spa drowning accidents and slip and fall accidents.
  • Hotels escalator and elevator accidents and slip and fall accidents.
  • Injuries due to violence caused by negligent security or inadequate security.
  • Acts of crime leading to injuries including sexual assaults and assault and battery.
  • Rented vehicle crashes, car accidents, bus and public transportation accidents.
  • Amusement park, theme park ride and attraction equipment failure or maintenance accidents.
  • Negligent hiring and employee training.

Business owners, hotel owners, rental companies, and theme parks owners who cater to vacationers have a responsibility to do more than just open their doors for business. They must provide reasonably safe premises, protection from dangers, and adequate warnings about hazards. Rental equipment and machinery must function properly.

These types of accidents really require a good personal injury attorney to make sure that you recover your health, finances and life back again.  And remember, call one quickly, as evidence is likely to “disappear” while you deal with your injuries!

YOUR #accidentandinjury attorney Marianne

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June is Post Traumatic Stress Disorder Awareness Month.  Most people don’t associate PTSD with vehicle collisions, but it is something that I see all the time. Todd Buckley, PhD, on the website U.S. Department of Veteran’s Affairs, says that researchers are looking more closely at motor vehicle accidents (MVAs) as a common cause of traumatic stress. In one large study, accidents were shown to be the traumatic event most frequently experienced by males (25%) and the second most frequent traumatic event experienced by females (13%) in the United States. Over 100 billion dollars are spent every year to take care of the damage caused by auto accidents. Survivors of MVAs often also experience emotional distress as a result of such accidents. Mental health difficulties such as posttraumatic stress, depression, and anxiety are problems survivors of severe MVAs may exhibit.

How many people experience serious motor vehicle accidents?

One unfortunate consequence of the high volume of commuter and personal travel in the US is the number of accidents that result in personal injury and fatalities. In any given year, approximately 1% of the US population will be injured in motor vehicle accidents. Thus, MVAs account for over three million injuries annually and are one of the most common traumas individuals experience.

How many people develop MVA-related PTSD and other psychological reactions?

Studies of the general population have found that approximately 9% of MVA survivors develop PTSD. Rates are significantly higher in samples of MVA survivors who seek mental-health treatment. Studies show that between 14% and 100% of MVA survivors who seek mental-health treatment have PTSD, with an average of 60% across studies. In addition, between 3% and 53% of MVA survivors who seek treatment and have PTSD also have a mood disorder such as Major Depression. Finally, in one large study of MVA survivors who sought treatment, 27% had an anxiety disorder in addition to their PTSD, and 15% reported a phobia of driving.

When do you seek help?

You should seek medical advice if your symptoms:

Are worrying you.

Are preventing you from doing your normal activities.

Have lasted longer than three months after the accident.

Are causing your friends and/or relatives to be worried about you.

If your symptoms don’t ease after 3 months, or if your symptoms are severe enough to stop you living your normal life, then you have may an anxiety disorder, such as post-traumatic stress disorder.

I hope this will help those of you out there who are suffering after a collision.  Please remember that we are always available to listen to you should you feel the need.

 

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A black box. Also known as event data recorder it is traditionally associated with airplane accidents because it helps the investigators to determine what went wrong. But the technology is no longer limited to aircrafts. In fact, you most likely have a black box beneath your seat or behind the dashboard in your car. Almost all new cars are already equipped with one of these small devices and if you drive a car that is not older from 5 years, you most likely have one yourself. If you are not sure whether your car is equipped with a car black box or not, you can check the owner manual. The data from the car black box is a reliable record of the driver’s actions few seconds before the accident and is an important piece of evidence when there are no witnesses of the accident or/and the drivers are blaming each other for causing the collision. It records various data depending from one car to another, most often the speed, turning, braking, accelerating, decelerating, etc. about five seconds before the collision. However, those five seconds are usually enough to get the necessary information about the events that led to the accident. Even more, the data from the car black box has been also used as evidence in the courts and had a major influence on the outcome of the trial.

It is vitally important to contact an experienced Personal Injury Attorney as soon as possible after your accident in order to preserve as much evidence as possible.