The Lombardi Law Firm Blog

Winter Fire Safety Series: Carbon Monoxide Detectors

This blog is the sixth and final blog in a multipart series directed towards fire safety and prevention for the winter season. Within this blog, the dangers of the colorless, odorless, and toxic gas know as Carbon Monoxide. According to the Journal of the American Medical Association (JAMA), an estimated 2,100 people die annually due to accidental Carbon Monoxide exposure.

Carbon Monoxide (CO) is produced when fossil fuels such as gasoline, wood, coal, propane, oil, or methane burn incompletely. Heating and cooking appliances within the home can produce  CO if damaged or used inappropriately. Everyday highway vehicles such as cars, trucks, tractors, and other gas burning motors produce CO.

Carbon Monoxide affects the human body by suffocating it. CO replaces the oxygen within the blood, which causes the body to poison itself by cutting off the oxygen that is necessary for the everyday function of organs and cells. Low-level CO poisoning results in flu-like symptoms, where more serious exposure results in dizziness, disorientation, severe headaches, fainting, and death.

Carbon Monoxide detectors work by measuring the amount of CO gas that has accumulated within a given area. CO detectors sound an alarm when the concentration of CO in the air is equal to or above the lowest level of CO poisoning, or 10% carboxyhemoglobin level in the blood. This lowest level of sensitivity can cause the alarm to sound before symptoms actually appear; therefore, all alarms should be taken seriously.

Residential Carbon Monoxide detectors could greatly reduce the number of deaths resulting from unintentional CO exposure. When purchasing a CO detector, only units that have been tested by qualified testing laboratories should be considered. The manufacturers installation instructions should be followed, and the CO detector should be tested once a month to ensure proper operation.

Following these safety tips will help to prevent CO exposure within your home:

• Do not run motors indoors; even if the garage doors are open. Also, have your vehicles checked for exhaust leaks.
• Inspect and repair chimneys, fireplaces, wood stoves, and other home heating appliances that use fossil fuels. Also, double check to make sure you home heating appliances have adequate ventilation.
• Never use gas or charcoal barbecue grills indoors or within the garage, even if the garage doors are open.

Carbon Monoxide detectors only detect CO gas; they do not prevent the existence of CO gas. Use caution and follow safety guidelines to ensure that CO poisoning is adequately prevented within your home.

Winter Fire Safety Series: Smoke Alarms

This blog is the fifth in a multipart series directed towards fire safety and prevention for the winter season. In this blog, smoke alarms will be briefly discussed and will be accompanied by a list of suggestions for the proper installation and maintenance of the smoke alarms within your home.

Recently, a mother was killed and her son was seriously burned in an apartment fire. Investigators concluded that some of the smoke alarms had been deactivate why others had their batteries removed. If the alarms had not been deactivated it is likely that the woman would still be alive today. True, smoke alarms can go off at random times, but that just means that they are working.

About two-thirds of residential fire deaths occur in homes with either no smoke alarms or deactivated smoke alarms. Ninety percent of people found in a fire appear to be sleeping, this is because one cannot smell smoke while asleep. Thus, smoke detectors are essential to home safety. Statistics show that the presence of properly maintained smoke alarms within a home increases its residents' chances of survival by fifty percent.

Following these suggestions for the installation and maintenance of smoke alarms could save the lives of you and the members of your family:

• Install smoke alarms on every level of your home and follow the manufacturers instructions when installing.
• If you sleep with the bedroom door closed, a smoke alarm should be installed inside your bedroom.
• Smoke alarms should be tested once per month, and any old batteries should be replaced.
• Remind everyone in your household to leave working batteries in smoke alarms. Resist the temptation to remove them or to borrow the batteries for other purposes.

Remember: Smoke alarms will not prevent a fire, but the do increase your chances of survival should a fire occur. Again, a smoke alarm more than doubles your chances of survival.

Also, when purchasing a smoke alarm, look for one with a loud alarm-the more annoying the better it will be for waking up you and your family in the event of a fire. The fire alarm should also have a hush feature, an Underwriter's Laboratory (UL) listing, a malfunction indicator, and a ten-year battery. There are also a number of models of smoke alarms available for the hearing impaired.

The sooner you are alerted to a fire, the more likely you are to get out in time and contact the fire department. Having a working fire alarm, along with a family exit drill plan, is necessary within every household. It is too late to establish a fire escape plan after a fire has already begun and the alarms have already sounded.

A fire alarm will not save your life if you have removed its battery.

Winter Fire Safety Series: Electrical Fires

This blog is the fourth in a multipart series directed towards fire safety and prevention for the winter season. Within the United States there are over 485 deaths and 2,205 injuries as a result of electrical fires. Many electrical fires are caused by electrical system failures as well as appliance defects, but even more are caused by the inappropriate use and poor maintenance of electrical appliances, overload of circuits and extension cords, and incorrectly installed wiring.

Twice as many fires are caused by home wiring as opposed to electrical appliances, and most electrical fires occur during the winter months. The primary cause of avoidable electrical fires can be traced back to the misuse of electrical cords by overloading circuits, poor maintenance, and running cords under rugs in high traffic areas.

In order to prevent an electrical fire, there are a number of precautions that should be taken:

• Routinely check both your electrical appliances and wiring for defects or wear. A frayed wire can result in a fire. All worn, old, or damaged wires should be replaced immediately.
• Practice using extension cords appropriately by not overloading them. An extension cord is overloaded when appliances plugged into the cord pull more wattage through the cord than the cord's rating allows. Additionally, when buying electrical appliances, buy products that meet the Underwriter's Laboratory (UL) standards for safety and do not buy bargain brand extension cords. Remember: even high-quality extension cords cause electrical fires when misused.
• Keep electrical appliances from wet floors and counters and take extra caution when using appliances in the bathroom and kitchen.
• Do not allow children to play with or around electrical appliances.
• If an appliance has a three-prong plug, use it only in a three prong outlet.

Because more fires result from home wiring than electrical appliances, particular attention should be paid to extension cords. A Consumer Products Safety Commission (CPSC) bulletin in February of 1999 stated that two million power strips, extension cords, and surge protectors had been involved in as many as twenty-five product recalls, ten of which were in 1999 alone. The CPSC believes that many of these devices are still in use, and most people of unaware of their dangers.

Besides electrical wiring and appliances, Christmas trees also pose a great hazard for causing a fire. Between years 2003 and 2006 there were an average of 240 residential fires that originated with the Christmas tree, causing an average of 16 deaths, 25 injuries, and about $13 million in property damage. To reduce the likelihood of a Christmas tree fire, make sure you select the appropriate tree. When selecting a fake tree, make sure to check to ensure that the tree is labeled as flame retardant. If using a natural tree, pick one that is green and fresh; if the needles fall off when touched the tree is not fresh. Also, check the labels on your Christmas tree's lights to make sure that they have been tested by an independent laboratory; some lights are only appropriate for either indoor or outdoor use.

It is always a good idea to practice fire safety, but with record lows this winter increasing the use of additional heating appliances for the home, more caution is necessary. Following this list of precautions will reduce the likelihood of experiencing a life-threatening fire or thousands of dollars in property loss.

Winter Fire Safety Series: Introduction

Winter Fire Safety Series: How and When to Use a Fire Extinguisher

Most fires start small, thus they can be contained and eliminated by using the appropriate fire extinguisher within a couple minutes. All fire extinguishers list a class and rating number, which is listed and labeled by an independent testing laboratory. The higher the rating number, the more fire that unit can extinguish. It is also important to note that units with a high rating number are also larger and more cumbersome, thus portable fire extinguishers are most appropriate for extinguishing or containing small fires.

Before attempting to fight a fire, you should make certain that everyone is out of the building, and that the fire department has been contacted. If the fire begins to spread or threatens your escape path, get out of the building immediately. Additionally, you, as the extinguisher's operator, must know how to use the extinguisher quickly without using valuable time to read and understand the fire extinguisher's instructions. Finally, if there is any question as to whether you should attempt to fight the fire, don't.

The four most important steps (PASS device) to using a fire extinguisher effectively are:

Pull - Some fire extinguishers require a locking latch, which is released by pulling a pin or pressing a puncture lever.

Aim - When using a fire extinguisher, aim low by pointing the nozzle directly at the base of the fire.

Squeeze - Squeezing the handle firmly releases the extinguishing agent.

Sweep - Sweep the unit from side to side at the base of the fire until it appears to be extinguished. Pay close attention to the fire area in case the fire breaks out again, and repeat the use of the extinguisher if necessary.

Many portable fire extinguishers work according to these instructions. Locate the label on your fire extinguisher and familiarize yourself with its instructions for use. Again, do not wait until you need to use the extinguisher to read the instructions.

Winter Fire Safety Series: Stop, Drop, and Roll

This blog is the third in a multipart series directed towards fire prevention for the winter season and discusses a well-known technique referred to as "stop, drop, and roll" that is commonly taught to children. Within the United States, children set about 8,000 home fires each year and account for 15-20% of all fire deaths.

Stop, drop, and roll is the title of the new album by the band The Foxboro Hot Tubs, is also a fire safety technique that originated in the 1920s. While geared primarily towards children, and although most readers will already be familiar with the technique, the technique is also taught to emergency services personnel and industrial workers as part of their health and safety training. Because fire is not selective and adults, in addition to children, can also catch on fire, it is always a good idea to review it for a more thorough understanding.

The stop, drop, and roll technique is used to extinguish a fire on a person's clothes or hair with, or without, the use of conventional fire-fighting equipment. The technique consists of three components:

Stop -  First, the victim must immediately stop and completely cease all movement. Movement may cause the flames to spread or may hinder the ability of others to render assistance in extinguishing the fire.

Drop - Then, victim must immediately drop to the ground, lying down if possible.

Roll - Finally, the victim must roll on the ground in order to extinguish the fire. Rolling deprives the fire of oxygen, which is required for a fire to continue burning. Utilizing nearby items such as a rug or a fire blanket, if available, would also help deprive the fire of oxygen.

The technique can be made more effective when combined with other fire extinguishing techniques or fire equipment. For example, if a student's clothes were to catch fire, the technique would be more effective if another student douses the victim with water, uses a fire extinguisher, or attempts to beat out the fire.

School Safety Month at Lombardi Law Firm and the InjuryBoard

During the month of September the InjuryBoard will focus on discussing school safety. Megan Roth from our office and in the Des Moines, Iowa market, will take the lead on blawg posts. Megan is a journalist living currently in New York. She writes well and will be covering quite a few subjects having to do with school safety including some of the following areas:

Peanuts in treats, bus rider safety, crossing guard rules, street crossing safety, science project safety and explosions, walking home, dress codes, food safety, bullying, backpack weight, cell phone use, iPod use, recognizing serious Columbine-type threats, locker privacy, gym excuses from the doctor, school nurse, staying after school, recognizing mental health issues, RX taken in school, playground equipment safety, playground equip maint, after school sports and school trips, show and tell, animals and pets to school, cheating on tests, drinking HOH, roller blading to school, cigarettes on school grounds, drugs and alcohol on school grounds, looking for your first job and getting bit by your Facebook drunken photos, etc.

Megan has done a great job of creating school safety posts and queuing them up on our Des Moines, Iowa market.  I'll be adding my own posts but have a busy law schedule during the month of September, so my involvement will be less than normal.  Because of my being in charge of hiring I'll have some commentary on what students face when employer's discovery their online admissions and photographs. For a look at what can bite you in the behind take a look at what happened to the President of Iowa Central when photographs surfaced.  Needless to say, if Bob Paxton could take back that one moment he'd not be looking for a new job. Cell phones' being what they are and camera's getting smaller and smaller, you just never whose "friendly behavior" is not really your friend.  And then again one person sends what seems like a harmless photo to one person who forwards it on to another and to another until finally it lands in disapproving hands.  Remember the images of Larry Eustachy showing him during the early hours of January 23, 2003 with beer? "In several photos he's embracing and kissing women on the cheek or being kissed on the cheek." Or so said the Des Moines Register.  Armed with 12 photographs the Register published a few and Larry was out as the ISU men's basketball coach.  Here is what the ISU Athletic Director was reported to have said about the effect:

"ISU Athletic Director Bruce Van De Velde's Statement

"We expect all of our coaches to be good representatives of Iowa State University and to be good role models for our student-athletes. Obviously, we are disappointed with coach Eustachy's behavior that was reported in The Des Moines Register. This situation will be dealt with in an appropriate manner. Coach Eustachy knows that he made some very poor decisions and used bad judgment. He sincerely regrets his actions and the harm they have caused his university. We have made sure he understands his accountability and obligations as Iowa State's men's basketball coach, now and in the future.""

We can agree or disagree but ultimately the morals governing our employability may be a lot higher than our own. One moment on one occasion can make us unwanted for a particular job on any occasion.  My focus will be more on some of these issues.  So while Megan focus on the lower grades and women I'll focus on commentary including college life.  You may wonder what this has to do with personal injury, well it does. In any personal injury case a claim for wage loss or reduced earning capacity can lead right back to explaining why you lost this job or worse yet can derail a current claim for wage benefits.  We'll extend this discussion to the Lombardi Law Firm website, so check out The Verdict, as well.  The Verdict format allows us to categorize our posts by subject.

We regularly read and comment about those IB blawgs from Lansing, Michigan, Austin, Texas and Chicago, Illinois.  Mittleman, Glass, Schuelke and Avgerinos write thoughtful and insightful commentary. We don't always agree with what they say, but like us they comment about what we write in a way bringing different perspective to the discussion.

Be smart, be careful and always be thinking.  It's a dangerous world out there.

We haven't yet decided on October's focus, but if you have something you'd like us to discuss drop us an email. 

Welcome to the InjuryBoard and school safety.  

School Safety - Peanut allergies and school treats - Parent liability

It is a well-known fact that peanut allergies are one of the most severe allergies an individual can have. In fact, food allergies are the leading cause of anaphylaxis and are responsible for between 150-200 non-hospital deaths each year.

Sufferers of such allergies must constantly be aware of their surroundings; they need to watch what they eat, what they touch, and even what their food touches. Seems excessive, I know, but so are the symptoms of such an allergy, which differ from the normal sneezy, stuffy allergies most of us have. Nut allergies are known to interrupt respiratory processes and can implicate other serious health problems as well.

The mast majority of us have been around (or at least heard of an incident) when someone has an allergic reaction to a nut. It’s terrifying! What’s scarier is that the number of children with peanut allergies is increasing. In these cases, parents must educate their children on how to avoid allergic reactions and what to do in the event that one occurs.

But what happens when such an event occurs on school premises? Who’s responsible for the situation that ensues: is the school liable for using peanuts (or a by-product) when serving the students, or is the parent responsible for not taking the necessary steps to ensure that their child does not encounter the deadly substance under any circumstances?

This is a tough one, and (as always) it’s dependent on the circumstances. First and foremost, the allergy should be known by both the student and the faculty. The more people who know about an allergy, the less likely an incident is to occur. That said, every school should be equipped with at least one staff member who is knowledgeable in how to treat the allergy. Because peanut allergies are common, it’s preferable to have as many individuals as possible not only aware of the allergy, but also knowledgeable when it comes to its symptoms and treatments.

It’s also important for both the school staff and the parents to take all steps possible to prevent such a reaction. However, in the event that it does occur, there should always be an emergency treatment plan.

Children with a nut allergy should always carry a shot of epinephrine (which is commonly used to overcome the results of an allergic reaction) and an antihistamine; similarly, all schools should carry a few of each. Though school cafeterias should always offer alternate options to foods containing peanuts (or processed on the same equipment), parents should also make efforts to send a lunch for the child so as to ensure the foods do not contain traces of peanuts.

As highlighted, nut allergies are severe. However, they are not so severe that they should limit a child’s ability to live normally. When it comes right down to it, allergic reactions to such foods can easily be avoided by paying attention and informing all parties of the allergy.

School Safety Commentary - Controlling a parent's exposure to risks posed by sending treats to school

Today, we discuss peanut allergies and what risks parents are exposed to when sending treats to school. You may think this is something “the other guy” faces but never a problem you will face. Within the last month I’ve been contacted about this very situation and the “thousands of dollars of medical treatment” the child’s parents faced to treat the affected child. The parents of the child who brought the snacks contacted me about their liability. In this situation it was a grandparent who baked the snack, gave it to the child to take to school for treat time. The child’s parents were not aware the grandmother had baked the snack with peanuts. This situation is a not far fetched and could happen to you. These parents, nice people and responsible parents, live in an apartment and did not have traditional premise liability insurance coverage to cover any costs they may have been liable to pay. Understandably they were concerned with their own liability. And rightly so. Grandmother should also be concerned and perhaps her homeowner’s insurance policy would provide some coverage. The school, see Megan’s article from today, should have insurance in place to cover their obligations to parents and students.

A peanut allergy isn’t the only risk to be concerned. Diabetics pose risks as well with sugar treats.

So what should you as a parent do to protect yourself and your child from the risks of allergies with other students?

1.      Exercise tight controls over what treats are sent to school.

2.      When sending treats to school include a list of the ingredients.

3.      At the beginning of the school year contact your insurance agent to determine if you have coverage for this type of risk.

4.      If your child has any condition that poses a health risk with consuming treats, advise the teacher and administration office along with the school nurse. Do it in writing and repeat it the second semester. Fully explain the condition and how it is treated.

5.      Educate the affected child about what he or she can and can not eat. Advise them if they are offered a treat without a list of ingredients to just say “No.”

No one wishes this on anyone, nor do we as parents want to deal with any of this. But this is a real risk that you as parents need to address in a very direct and forthright manner.

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. 

Rx Safety - How can I tell what this pill is?

Here is a website that addresses pill identification by numbers or letters imprinted on the pill or tablet, the shape and the color.                  

It addresses the top 10 medication mistakes parents make.

Pill splitting do’s and don’ts. It provides information to answer the question, when is it safe to split a pill and when it’s not considered safe.