electric-generators
 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!

blowntire

Getting ready for that long-awaited road trip to a great vacation?  Along with finding that perfect bathing suit and downloading the perfect playlist, you should also be preparing your car for the trip.  Tires are an important part of your car’s safety and tire blowout season begins in the middle of May and runs through early October.  The reason for this is simple.  It is during this time frame that the temperatures outside are the hottest and motorists are taking longer road trips in heavily loaded vehicles.  It is this combination that can push a damaged or neglected tire past its breaking point.  Even if you have been lucky enough to avoid tire problems, you have likely seen “road gators” (treads of blown out tires) littering the highways throughout this time frame.  Though blowouts are most common during these months, they can happen any time of year, especially in warmer climates like Florida.

The NHTSA estimates that 8,000+ car accidents every year can be attributed to tire blowouts.

These are the most common causes of tire blowouts, and how you can prevent them according to Virginia Tire Service in Arizona:

  1. This is the number one tire killer and something so easy to remedy. Air is what allows the tire to carry the weight of your vehicle and all of its cargo. The internal parts of the tire:  fabric, rubber, composites and steel flex beyond their limits when the tire is improperly inflated. They will weaken, over-flex and eventually fail, which results in a blowout.  The recommended tire pressure for your vehicle can be found in your owner’s manual or on the driver’s side door jamb.  Most vehicles manufactured in 2007 and newer are equipped with a Tire Pressure Monitoring System (TPMS), however, you shouldn’t rely solely on the system. The system issues an alert only when a tire is significantly underinflated.  Regardless of what your TPMS says, you should check your tire pressure at least once a month, maybe twice from May through October.
  2. Worn tires.  The heat of the roads in the summer will easily rip away at the remaining tread resulting in a blown tire. Today’s tires almost always have a wear bar built into the grooves.  If the wear bar is even with the tread of your tires, they need to be replaced.  Another way to tell is the penny test.  Basically, you place a penny head down between the tread.  If you can see the top of Lincoln’s head, then the tread is dangerously low and you need a new tire.
  3. Too much weight. Overloading your vehicle and applying too much weight to the tires can also critically damage them.  When hauling a heavy load, you may need to reconsider the number of passengers along for the ride or if you need to carry a lot of passengers you may need to limit the amount of cargo you bring on board.  You can find your vehicle’s Gross Vehicular Weight Rating in the same places as the recommended tire pressure.  The maximum recommended weight your tires can carry is based on tires that are properly inflated.  If they are underinflated, the number would drop significantly.
  4. Potholes and other road hazards. Slamming into a pothole, driveway lip or other road hazards are another way to injure your tire leaving it prone to a blowout.  These impacts can pinch the internals of the tire between the wheel and the object.  If the impact is hard enough, it can even fray or cut the tires internals.  Sometimes, the damage is immediately apparent and other times, it could take days, weeks, or even months for the damage to become apparent.  Which leads us to the next potential cause of a blowout.
  5. Slow death. It is not uncommon for a tire to suffer damage that causes its demise long before it fails.  Often motorists neglect to check their tire pressure or fail to realize they have a slow leak.  When summer vacation comes along they will load their family into the car and head off for a fun-filled vacation.  The combination of the heavy vehicle load, the high summer temperature and highway speeds add stress to the already failing tire and it blows. Monthly or bimonthly tire checks can prevent such a situation.

When a vehicle has a defective tire, this may significantly compromise a driver’s ability to maneuver the vehicle.  This may lead to a single-vehicle or multi-vehicle collision that leaves drivers, passengers and even nearby pedestrians or bicyclists seriously injured.  Should this happen to you, make sure that you call an experienced dangerous and defective products attorney to help you get compensated for your medical bills, lost wages and ruined vacation.

And as always, stay safe out there friends!

YOUR #accidentattorney Marianne

 

 

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picture1
Savage Stallion is not only a great name for a rock band, but a common cause of injury here in Horse Country.  Recently we represented a woman who was bitten by a passing stallion on a local trail.  Negligence on the part of the owner often plays a role in a dog bite or animal attack. Laws vary by county, so if you have been bitten or attacked, it’s important to seek legal advice right away. If there is an injury, seek immediate medical attention. It’s not always possible to know just by looking at the animal if it is sick, and you want to guard against the chance of infection and other disease from a bite or related injury. If you have been bitten by a dog or injured by a vicious animal, do not admit fault.

According to www.webmd.com, animal and human bites may cause puncture wounds, cuts, scrapes, or crushing injuries. Most animal and human bites cause minor injuries, and home treatment is usually all that is needed to care for the wound.

Most animal bites occur in school-age children. The face, hands, arms, and legs are the most common sites for animal bites. Since most bites occur in children, be sure to teach children to be careful around animals and that an animal could hurt them. Young children should always be supervised around animals.

Dog bites occur more than any other animal bite and are most frequent in the summer months. The dog is usually known to the person, and most injuries result from the dog being teased or bothered while eating or sleeping. Boys are bitten about twice as often as girls. The arms, head, and neck are the most likely areas to be bitten in children.

Cat bites usually cause deeper puncture wounds than dog bites and have a high risk of bacterial infection because they can be hard to clean adequately.

Exotic pet bites, such as from rats, mice, or gerbils, may carry illnesses, but rabies is not usually a concern. The bites from some pets, such as iguanas, are at risk for infection but do not carry other serious risks.

Livestock, such as horses, cows, and sheep, have powerful jaws and can cause crushing bite injuries. Infection, tetanus, and rabies are possible risks.

Wild animal bites may occur while hunting, camping, or hiking. Infection, tetanus, and rabies are possible risks.

Adult bites that cause a wound to the hand can be serious. A clenched fist striking another person in the mouth and teeth can cut or puncture the skin over the knuckles. This is commonly called a “fight bite.” Underlying tissues may be damaged, and an infection can develop.

Bites from children are:

  • Usually not very deep.
  • Not as forceful as adult bites.
  • Not too likely to become infected.
  • Not damaging to underlying tissue.

When you have a bite:

  • Stop the bleeding by applying direct pressure.
  • Determine if other tissues, such as blood vessels, nerves, tendons, ligaments, joints, bones, or internal organs, have been injured.
  • Determine if treatment by a doctor is needed.
  • Clean the wound to prevent bacterial infections, tetanus (“lockjaw”), and viral infections, such as herpes simplex virus and cytomegalovirus (CMV).
  • Determine the risk for rabies and the need for treatment to prevent the disease.
  • Determine if you need a tetanus shot.

Have you been the victim of a dog bite or animal attack as a result of someone else’s negligence? 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.

asheville
asheville

Heading out for a trip to see the fall foliage? Make sure that you check out the condition of your tires before you leave.  For many drivers, there is nothing more frightening or potentially dangerous than a tire blowout at almost any speed. While the number of tire-related crashes has dropped dramatically since 2008, when all new vehicles were required to have automatic tire pressure monitoring systems, these numbers still remain high. The stats do not lie, as tire blowouts and flats result in nearly 11,000 collisions and 200 fatalities each year.[1]

With all the advances in safety standards and technology, why are tire blowouts still such a significant safety issue? According to Traveler’s Insurance, one reason may be that since blowouts are now a rarer occurrence, when they do happen, drivers are less prepared to handle them and react properly. When a tire blows out, it can take about ¼ second before your ride suddenly becomes a struggle to avoid an auto accident. How you react can make all the difference in how the situation resolves itself. The first step is staying calm and in control of your vehicle.

What Does a Tire Blowout Sound Like?

Expect to hear three key sounds that may vary depending on your specific situation. First, you may hear a loud boom or bang of the tire popping reverberating through your car. You may then hear a whooshing sound or the sound of the air quickly escaping from the tire, and finally, a repeated flapping or flopping of the deflated tire hitting the road.

What Does a Tire Blowout Feel Like?

When a tire explodes at speed, first you will feel the vehicle slow down, then it will pull strongly to the left or right depending on which tire burst.[2] If it was a front tire that burst, you will feel the force mostly within the steering of your vehicle. With a rear tire, you will feel it more in the seat or body of the car. Whether the blowout occurred in the front or back, your response should be the same in either situation.

How to Drive Through a Tire Blowout

According to the National Safety Council and other safety experts, there are some important tips and best practices to remember if you experience a tire blowout.

  • Keep a firm grip on the steering wheel.
  • Do not slam on the brakes.
  • Let your car slow down gradually.
  • Pull to the side of the road once you have slowed to a safe speed.
  • Activate your emergency flashers.[3]

What to Do After a Tire Blowout

After a blowout, only exit your vehicle if you are certain you are safely off the road and out of harm’s way. Turn your emergency flashers on to alert other drivers, and put out reflective cones or triangles if you have them. If it is not safe to change the tire where you are, or you are unsure how, call for roadside assistance.

Also keep in mind that a spare is only recommended for emergencies and should not be driven for long distances or at high speeds. Take the time to read your owner’s manual to learn where your spare tire and necessary tools are located. Your manual may also provide instructions on how to change a flat tire. It is a good idea to be familiar with these procedures before you get stuck on the side of the road.

How to Prevent a Tire Blowout

The good news is that many tire blowouts are preventable with the proper effort and attention. Most occur from May through October when the road surface is the hottest, resulting from an underinflated tire, excessively worn treads, or an overloaded vehicle. A simple, routine inspection of your tires to check for slow leaks, wear and tear, and proper pressure is important. Keeping your load light, within your vehicle manufacturer’s recommendations (found in the same spot as the recommended tire pressure), can help too.[4] 

So head on out for a great fall adventure, and stay safe out there friends!

YOUR #accidentattorney,

Marianne Howanitz

[1] http://www.safercar.gov/tires/index.html
[2] http://www.ntb.com/tires/Tire-Blowout-Education.j

[3] http://www.nsc.org/news_resources/Resources/Pages/WhattoDoIfYouHaveaBlowoutontheHighway.aspx
[4] http://www.popularmechanics.com/cars/how-to/repair/why-blowouts-happen-and-how-to-avoid-them-15832078

 

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AAhg5c0

Did you know you could USE A TEXT BLOCKER FROM YOUR CELL PHONE COMPANY??

This is great news and new to me.  Even if you expose your teen to lengthy lectures and graphic driver’s ed videos depicting the hazards of texting while driving, it can still be difficult for them to put their phone away when they are at the wheel. Numerous cell phone providers trump this temptation with text blocker apps.

According to Sarah Shelton in the US News and World Report, Drive First from Sprint is one of the most comprehensive examples. This free app automatically activates when it detects the phone is moving faster than 10 mph. It silences the phone’s ringer and alerts, and if any texts or calls come in, Drive First sends an automated response saying you are currently on the road. This app also locks your phone, with the exception of three apps you designate (such as navigation or music). It also lets you designate VIP contacts, allowing your family or your boss to connect with you. Parents can log into their Drive First account online and monitor how their teens are using their phones when they’re driving.

AT&T’s DriveMode is a similar free app, silencing the phone’s ringer and sending automatic replies any time your teen is driving over 15 mph. Your teen can easily access music or navigation with one touch from the home screen. DriveMode also sends you parental alerts if your teen turns the app off or adds a new speed-dial number.

You can download either of these apps even if you have a different cell phone carrier, though some functions won’t be available. If your carrier offers a different text blocker app, find out if the app turns on automatically when the car is moving (Verizon’s Safely Go has to be activated every time), and make sure it can’t be deactivated from your teen’s phone.

Distracted driving is the cause for most of the accidents we have.  Help your child stay safe out there!!

po
po

It seems everyone is joining in on the recent Pokemon Go craze. The game, which is as close to a real life adaptation of the Pokemon world as anyone could hope for, is played outside using your phone to track down Pokemon and battle other members of the community for ownership of Pokemon gyms. This has sparked a cultural phenomenon bordering on obsession.

The negatives of the game are a little scary, however, and I’ve noticed some bad habits which include people not being aware of their surroundings as they play, despite the game explicitly warning you to do so, people driving while playing, and in some instances bad people using the game to lure in unsuspecting patrons to rob them or worse.

Some lawyers say Pokemon Go, an “augmented reality” game, raises legal issues and public safety concerns. Alabama lawyer Keith Lee, writing at his Associate’s Mind blog, says his legal questions include:

Does placing a Pokemon character on a private property, without permission, affect the owner’s interest in exclusive possession of the property? Does it create an attractive nuisance? Does owning real property extend property rights to intellectual property elements that are placed on it? Is there liability for placing the characters on private property or in dangerous locations?

Michigan lawyer Brian Wassom raises other legal issues in a post for the Hollywood Reporter’s THR, Esq. blog. Augmented reality games can lead to competition for the use of the same physical spaces, disrupting the ability of players and non-players to enjoy the place, and possibly leading to violence, he says. Could government limit the players in a public space? Would that bring a First Amendment challenge?

Wassom also sees a risk of injury for players who are “wandering through the physical world while staring through a phone screen.” New York lawyer Peter Pullano makes a similar point in an interview with 13WHAM in which he raises the possibility of distractions for drivers. “Even though you may be looking for your Pikachu while you’re driving, that’s not going to impress your officer,” Pullano said.

LawNewz points out that the game’s terms of service disclaim liability for property damage, personal injury or death while playing the game, as well as claims based on violation of any other applicable law. The game also has a notice that generally requires arbitration of disputes.

My #1 Tip For Staying Safe While Playing Pokemon Go: DO NOT PLAY WHILE DRIVING!!!

This is as dangerous, if not more dangerous than texting and driving. Again, I don’t want you to end up in a car accident because you do a U-Turn and jump over a median to catch a Pidgeotto.  I promise you there will be another chance to catch one that doesn’t involve you risking you being in an accident.

Stay safe out there friends!!

YOUR #ocalaaccidentandinjurylawyer, Marianne Howanitz