The Lombardi Law Firm Blog

Florida Elementary School Bus Hit and Killed a Pedestrian

Florida School Bus Hit and Killed a Pedestrian

In Palm Beach County, Tequesta, Florida, a pedestrian was hit by a school bus on Monday, October 5, 2009 at 7:15am, according to online news sources Justice News Flash. The bus was picking up Limestone Creek Elementary students when it made a left turn from Seabrook Road onto Tequesta, when Jerry Licklider, a 69 years old from Jupiter, walked in front of the bus, was hit and then pinned underneath the bus. Tequesta Fire Rescue got Licklider out from under the bus, and then Palm Beach County Fire Rescue crew brought him to St. Mary’s Medical Center. He later died from serious injuries. The bus had on it 20 students at the time of the accident, but were reported to have no injuries, and arrived safely to their school by another bus. I'm not sure that's a safe assumption. Young children seeing a pedestrian run over and then later learning he died could develop some very mixed up emotions and thinking. They could suffer from PTSD. Better check that out.

Tequesta police are investigating the pedestrian collision.

How to insure your child's car while away at school without assuming liability for the driver's negligence

Often times I get questions asked online that should be added as blog posts. This is one of them.

Question:

Our son is a full-time college student in Washington, and he is about to purchase car insurance. He is still a resident of Iowa, where my wife and I live. Would it be wise for our son and me to buy the car together and tag and title it in Iowa so we can put him on our umbrella policy? Or should he just get his own and stay off his parents' policy? The question is this: we claim him as a dependent on our income tax returns and are co-signers on his student loans, so would we be liable in the event of a car accident? If so, would we be ahead to put him on our policy where we have a $1.4 million umbrella rather than have our son take out a minimum liability policy of his own in Washington?

Answer:

I think this is one of the wisest questions a parent can ask. I too asked it when my children were just learning to drive. Here is what I did. I purchased a car for them with the understanding they had to pay me back and to insure and maintain it. Rather than put my name on the title, because I didn’t want the liability exposure, I titled the car in their name and placed a lien on the title in my name. They signed a loan repayment agreement that included language giving me the right to repossess without notice if they failed to maintain insurance or place the collateral at risk. Placing the collateral at risk could include driving while under the influence of alcohol. I kept the extra set of keys.

Your situation may be a little different than mine. I own sizeable assets and didn’t want to place them at risk. You may not have that challenge and simply want to have a large insurance policy in place to protect the child. Remember placing a car in your name, makes you the owner and under Iowa law the owner is legally responsible for the permissive driver’s negligence, which may include drivers your son gives permission to operate the car or truck. I didn’t want that kind of exposure or hassle with trying to control who drives the car. With their being at school and away from home it’s tough for us to really know what is going on.

The umbrella insurance policy you have at $1.4 million may or may not be enough coverage. Here is what I mean by that. The umbrella policy may or may not include a provision to extend the underlying car insurance coverage for underinsured and uninsured motorist coverage. Read the policy and see if it does. I also write blogs on the Des Moines market for Injuryboard.com and on the Lombardi Law Firm website blog, The Verdict, and have covered this subject just recently on WJRN Talk Radio, Racine, Wisconsin. If you write to me I can provide the links. See if this works for you to listen.

File name: 02~25~08nmlomb.mp3:
Download link: http://www.mediafire.com/file/dytnxgt3gi9

And here is the InjuryBoard link:

Driver Safety: Starts before you turn the ignition key

Posted by Steve Lombardi | February 11, 2009 10:25 AM

The biggest road hazard you may face this and next year are uninsured motorists. If you didn’t have enough to worry about with double bottomed semi-truck trailers, pieces of retread tires and...

And the link to The Verdict article with the same title.

I hope this answers your questions, if not write to me again. Here is Iowa Code section 321.493 where I’ve underlined the important language.

321.493  Liability for damages.

1. a.  Subject to paragraph "b", in all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage. For purposes of this subsection, "owner" means the person to whom the certificate of title for the vehicle has been issued or assigned or to whom a manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. However, if the vehicle is leased, "owner" means the person to whom the vehicle is leased, not the person to whom the certificate of title for the vehicle has been issued or assigned or to whom the manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. For purposes of this subsection, "leased" means the transfer of the possession or right to possession of a vehicle to a lessee for a valuable consideration for a continuous period of twelve months or more, pursuant to a written agreement.

Iowa Students in Atlantic Allegedly Strip-Searched

There are so many good stories lately that it's hard to know which to blog about. This one is about school daze. Gym class used to be a time and place for dodge ball but not on this day at Atlantic High School in Atlantic, Iowa. After 100 dollars went missing five young ladies were strip searched, one completely naked, and the others down to their underwear. Imagine that! In Iowa? You're kidding? Nope. Who did the body cavity search? The alleged strip-search occurred on August 21, 2009, the third day of the school year.

We used to get detention or worse yet Mr. Aisello, our principal would take us in his office where he'd papered over all the windows so no one could see what he was doing to the detainee. Andy Narona would get thumped into the door; we could see the door moving, so we knew.  Andy just had to smoke on school grounds. He thought he was different. But Mr. Aisello didn’t think so.

During the Bush Administration with its policies of the end-justifies-the-means approach to the world and internal security in America, I was asked by a colleague where I thought this would all lead. My assessment was that when we saw the excesses that came about it would shock the conscience. I don’t like this but my guess is we aren’t finished yet.

Politics brought us Sarah Palin with her speeches advocating for a dumber approach to world politics and the American political stage. She argued that what is wrong with America could be fixed by electing less intelligent people. Many people applauded those speeches; a frightening notion, that is reinforced every time the political Fox-shock-jocks take to the airways.

I see it in my own personal life. One relative arguing in support of the war in Iraq thought it un-American that I would not support the war. I couldn’t because it was based on a lie, fabrications and exaggerations. I didn’t like Saddam Hussein either but is that a reason to invade a sovereign country? No. We have no business there. As for the relative in support of the war effort she should be ashamed. Her support can’t be genuine if saying you’re in support of the war while holding back two adult teenage sons. That is some of the same thinking that allows those in charge of Atlantic High to think it’s acceptable to conduct police style strip-searches without parents being present and consenting.

It’s this short-sighted reasoning that is getting this country further and further from being a world power. If instead of spending billions and billions on bombs, bullets and BS we instead paid our debts and saved while investing in the frayed infrastructure of this country, we would once again be a super power. Until we get our own house in order we will be focused on the ridiculous and illogical political thinking that in practice digs the hole that much deeper.  This is far from intelligent thinking.

If the Republican Party wants to know what’s wrong they need only listen. I challenge the Republican Party to identify one idea, thought or even a sentence in this speech that makes any sense. What exactly were you thinking by picking her to be John McCains’ running mate?

If you want to know why school officials entertain the notion that they have the right to strip search your kid, consider FOX News’ notion, that like underwear, there are brands of news. The Fox idea is an interesting one, but forgets the concept of news being about facts and truth.  Truth is truth; there is no lesser or greater brand name. When we adopt the idea that there are brands of news we also can then adopt the notion there are brands of constitutional rights; which means we aren’t that far off from there being truthful versions of the truth. The idea that there are brands of the news has lead an entire network to be devoted not to advancing the interests of this country but to bringing news-a-tainment to the Jerry Springer masses. If you listen to what those on Fox say there is no other conclusion you can reach.  In Atlantic that day rights are being dictated by those who are in authority. The rule of law no longer gets forgotten over expedience. Rights are determined by who is in charge, rather than what is written.  

And trust me the Democrats aren’t any better when it comes to getting our fiscal house in order. Come election time they too will pander to get on Fox. Progress will never come in the form of dumbing down the truth. As an aging voter I get a sense with each election that the truth is being cloaked in the Emperor’s New Clothes.

School Safety: How to avoid being injured in the science laboratory

Megan wrote yesterday about science laboratory accidents that injure students. Her post Experiments in Education, discussed the danger for serious injury while conducting lab experiments. I was surprised how many students were injured in school labs. I went to high school from 1968 to 1972 at Bristol in High SchoolRhode Island. Back in the day, our labs were pretty basic. We horsed around and made it through without anyone getting seriously injured. I did like to experiment. I’d better leave it at that lest some parent take me to task for suggesting one more way a young student can get hurt.

Today I’d like to talk about student responsibilities and tomorrow the teachers. Remember these “responsibilities” are the foundation that creates a duty. And duty is one of our elements to be proven in any tort action. And a tort is that civil wrong or negligent act, where money damages can be sought.

NIOSH publishes a publication that teachers and students should all read at the beginning of the year. Every student and teacher should be familiar with it and what each other’s responsibilities are.  It’s titled “What are the Safety Do’s and Don’ts for Students?” This publication recognizes life threatening injuries can happen in the laboratory. That means serious burns, explosions, cuts from flying glass, lacerations from broken beakers, poisonings from ingesting or inhaling poisonous gas and a whole assortment of brain injuring events if things aren’t done right. So listen up, because your future may be at stake.

There is certain conduct you should not do.

There are certain procedures you should follow about the way you work together in the lab.

Housekeeping is important, meaning cleaning up after yourself and others. Keeping your work area neat and tidy is important. 

The way you dress and what you wear is important.

You should maintain a clean environment by washing your hands and maintaining an organized and clean work area. Don’t touch your face or eyes and heavens don’t be applying makeup while in the lab.

How you handle chemicals is important.

And, how you react when an accident does happen. You should know emergency procedures.

Below are the laboratory safety rules that if followed will help students remain safe, healthy and injury free. Read them and follow them for your own good.

Conduct

• Do not engage in practical jokes or boisterous conduct in the laboratory.
• Never run in the laboratory.
• The use of personal audio or video equipment is prohibited in the laboratory.
• The performance of unauthorized experiments is strictly forbidden.
• Do not sit on laboratory benches.

General Work Procedure

• Know emergency procedures.
• Never work in the laboratory without the supervision of a teacher.
• Always perform the experiments or work precisely as directed by the teacher.
• Immediately report any spills, accidents, or injuries to a teacher.
• Never leave experiments while in progress.
• Never attempt to catch a falling object.
• Be careful when handling hot glassware and apparatus in the laboratory. Hot glassware looks just like cold glassware.
• Never point the open end of a test tube containing a substance at yourself or others.
• Never fill a pipette using mouth suction. Always use a pipetting device.
• Make sure no flammable solvents are in the surrounding area when lighting a flame.
• Do not leave lit Bunsen burners unattended.
• Turn off all heating apparatus, gas valves, and water faucets when not in use.
• Do not remove any equipment or chemicals from the laboratory.
• Coats, bags, and other personal items must be stored in designated areas, not on the bench tops or in the aisle ways.
• Notify your teacher of any sensitivities that you may have to particular chemicals if known.
• Keep the floor clear of all objects (e.g., ice, small objects, spilled liquids).

Housekeeping

• Keep work area neat and free of any unnecessary objects.
• Thoroughly clean your laboratory work space at the end of the laboratory session.
• Do not block the sink drains with debris.
• Never block access to exits or emergency equipment.
• Inspect all equipment for damage (cracks, defects, etc.) prior to use; do not use damaged equipment.
• Never pour chemical waste into the sink drains or wastebaskets.
• Place chemical waste in appropriately labeled waste containers.
• Properly dispose of broken glassware and other sharp objects (e.g., syringe needles) immediately in designated containers.
• Properly dispose of weigh boats, gloves, filter paper, and paper towels in the laboratory.

Apparel in the Laboratory

• Always wear appropriate eye protection (i.e., chemical splash goggles) in the laboratory.
• Wear disposable gloves, as provided in the laboratory, when handling hazardous materials. Remove the gloves before exiting the laboratory.
• Wear a full-length, long-sleeved laboratory coat or chemical-resistant apron.
• Wear shoes that adequately cover the whole foot; low-heeled shoes with non-slip soles are preferable. Do not wear sandals, open-toed shoes, open-backed shoes, or high-heeled shoes in the laboratory.
• Avoid wearing shirts exposing the torso, shorts, or short skirts; long pants that completely cover the legs are preferable.
• Secure long hair and loose clothing (especially loose long sleeves, neck ties, or scarves).
• Remove jewelry (especially dangling jewelry).
• Synthetic finger nails are not recommended in the laboratory; they are made of extremely flammable polymers which can burn to completion and are not easily extinguished.

Hygiene Practices

• Keep your hands away from your face, eyes, mouth, and body while using chemicals.
• Food and drink, open or closed, should never be brought into the laboratory or chemical storage area.
• Never use laboratory glassware for eating or drinking purposes.
• Do not apply cosmetics while in the laboratory or storage area.
• Wash hands after removing gloves, and before leaving the laboratory.
• Remove any protective equipment (i.e., gloves, lab coat or apron, chemical splash goggles) before leaving the laboratory.

Emergency Procedure

• Know the location of all the exits in the laboratory and building.
• Know the location of the emergency phone.
• Know the location of and know how to operate the following:
  • Fire extinguishers
  • Alarm systems with pull stations
  • Fire blankets
  • Eye washes
  • First-aid kits
  • Deluge safety showers
• In case of an emergency or accident, follow the established emergency plan as explained by the teacher and evacuate the building via the nearest exit.

Chemical Handling

• Check the label to verify it is the correct substance before using it.
• Wear appropriate chemical resistant gloves before handling chemicals. Gloves are not universally protective against all chemicals.
• If you transfer chemicals from their original containers, label chemical containers as to the contents, concentration, hazard, date, and your initials.
• Always use a spatula or scoopula to remove a solid reagent from a container.
• Do not directly touch any chemical with your hands.
• Never use a metal spatula when working with peroxides. Metals will decompose explosively with peroxides.
• Hold containers away from the body when transferring a chemical or solution from one container to another.
• Use a hot water bath to heat flammable liquids. Never heat directly with a flame.
• Add concentrated acid to water slowly. Never add water to a concentrated acid.
• Weigh out or remove only the amount of chemical you will need. Do not return the excess to its original container, but properly dispose of it in the appropriate waste container.
• Never touch, taste, or smell any reagents.
• Never place the container directly under your nose and inhale the vapors.
• Never mix or use chemicals not called for in the laboratory exercise.
• Use the laboratory chemical hood, if available, when there is a possibility of release of toxic chemical vapors, dust, or gases. When using a hood, the sash opening should be kept at a minimum to protect the user and to ensure efficient operation of the hood. Keep your head and body outside of the hood face. Chemicals and equipment should be placed at least six inches within the hood to ensure proper air flow.
• Clean up all spills properly and promptly as instructed by the teacher.
• Dispose of chemicals as instructed by the teacher.
• When transporting chemicals (especially 250 mL or more), place the immediate container in a secondary container or bucket (rubber, metal or plastic) designed to be carried and large enough to hold the entire contents of the chemical.
• Never handle bottles that are wet or too heavy for you.
• Use equipment (glassware, Bunsen burner, etc.) in the correct way, as indicated by the teacher.

School Safety: Science Fair Rewards and Risks

While science projects are great way to learn through experimentation, they also can be hazardous to your health.  Everyone involved must be aware of the risks to which our children are exposed and contingencies must be in place to medically treat any child who is injured. As teachers and parents that is our job. So let’s look briefly at what we can expect when a child becomes involved in a science fair project.

First area of liability is project selected and supervision required. What can go wrong that a parent need be concerned? What risks does your child’s experiment pose to them and other people? Remember most science fairs are open to the general public. How much supervision will this experiment require? Who should be supervising? When can the student safely work alone? These are all legitimate questions parents should discuss together and with their child. While learning is fun it can be dangerous and those risks may pose liability risks to the parents. Every parent should be aware of this and should have some form of liability insurance covering these risks. Most homeowners’ insurance policies cover this risk. Parents living in apartments should check to see if they have renters insurance that covers the risks associated with science experiments.

If parents are involved in the selection process and stay involved as supervisors there should be little chance of something going very wrong. The key is to be and to stay involved.

Liability Release Forms: What liability release forms can a parent expect to be asked to sign? What projects are safe is not always easy to think up. Interesting enough there are web sites that offer assistance in selection and providing supplies to create that great science project. Like anything in life that can cause injury to people these companies disclaim legal responsibility for risks to your child student. One site is Crystal Clear Science Fair Projects. At the bottom of the first page you’ll find the disclaimer.

It reads:

Disclaimer: While the science project experiments on this Web site are generally considered safe and a low hazard, please use care when performing any science experiment. Adult supervision of kids is always recommended. We expressly disclaim all liability for any occurrence, including, but not limited to, damage, injury or death which might arise from the use of any project or experiment here. You assume all liability and please use these projects at your own risk.

Students under 18, always make sure to have your parent's and/or guardian's permission to use a credit card.

The link to disclaimer you’ll find the following language.

Disclaimer

This site is designed to provide the best tools needed to create science fair projects and we take our mission very seriously. We take care to provide you with practical, reliable information. However, please make sure that you do your own 'due diligence' when researching or performing any science fair project.

The material at Crystal Clear Science Fair Projects is provided for informational, educational, noncommercial, and personal purposes only and does not necessarily constitute a recommendation or endorsement of any company or product. Crystal Clear Science Fair Projects does not make any representations and specifically disclaims all warranties, express, implied or statutory, regarding the completeness, timeliness, accuracy or fitness for any particular purpose of the material contained in this site. Please seek the advice of an appropriate professional should you need professional advice regarding your particular situation.

While the science project experiments on this Web site are generally considered safe and a low hazard, please use care when performing any science experiment. Adult supervision of kids is always recommended. We expressly disclaim all liability for any occurrence, including, but not limited to, damage, injury or death which might arise from the use of any project or experiment here. You assume all liability and please use these projects at your own risk.

Students under 18, always make sure to have your parent's and/or guardian's permission to use a credit card.

Medical Treatment Forms: Most science fairs today will require the parent to sign a release of liability and medical forms.  I found an example online for Cherokee Nation’s science fair.             

STUDENT AND PARENT

RELEASE FORM

Due by 5:00 pm on December 14^th 2007

 

PARENT(S) AND/OR GUARDIAN(S) MUST SIGN THIS FORM. IF THIS FORM IS NOT SIGNED BY BOTH STUDENT AND PARENT/GUARDIAN, STUDENT WILL NOT BE ALLOWED TO PARTICIPATE IN FAIR. 

LIABILITY FOR EXHIBITS

Every effort will be made to protect your exhibit. However, since the Science Fair Exhibition will be open to the public, Cherokee Nation cannot and will not accept any liability or responsibility of any nature for any theft of, or loss of, or damage to any exhibit or any other property of any exhibitor. Accordingly, it is recommended that each exhibitor take prudent precautions to prevent any theft, loss or damage to his/her exhibit and/or other property. Each exhibitor should secure and guard his/her exhibit and/or other property at all times during the Exhibition, and remove all valuable components, especially those which are easily portable, when the exhibit and/or property is left unguarded by the exhibitor. Computers should be secured with cables at all times by the exhibitor.

I have read the above paragraph, and understand and accept that Cherokee Nation cannot and will not accept any liability or responsibility for theft or damage to my exhibit. The Cherokee Nation Annual Science & Engineering Fair is a prestigious and newsworthy event. 

Cherokee Nation or businesses sponsoring awards at the Fair may want to publicize their involvement in such an important science competition by using photographs or information about you. Your cooperation may make it possible for other promising young students to get involved in science.

Cherokee Nation has my permission to use appropriate information about my child for publicity purposes. This includes any photographs, videos, or likeness(es) that may be used by Cherokee Nation, or the sponsors of awards for the purpose of illustrations, advertising or publication in any manner. I also consent to the use of my child’s name in connection therewith.

________________________________

Parent/Guardian Signature       Date

________________________________

Participant Signature               Date 

This is all fairly typical for science fair project activities. New Haven’s Science Fair for 2008 provides similar releasing language. It releases the New Haven Public Schools and other partners of the New Haven Science Fair Program from any liability for loss or damage to projects during the setup, judging and exhibition period of the Science Fair. Whether courts will enforce this type of Release will depend largely on the law of your state.