Oklahoma Personal Injury Legal Blog
Is Casey Anthony Really Not Guilty?
While this is most likely the question on Americans’ minds right now, no one has the true answer aside from what has been provided from the results of Casey Anthony’s not guilty verdict. A jury decided on July 5, 2011 that Casey Anthony was not guilty of killing her 2-year-old daughter Caylee.
According to an ABCNews article, one female juror stated that she did not say Anthony was innocent. Instead, she said that there “was not enough evidence” and, “If you cannot prove what the crime was, you cannot determine what the punishment should be.” Anthony will be sentenced tomorrow morning for the four misdemeanors for lying to law enforcement she was found guilty of committing. She could even be released from jail as early as tomorrow.
Read more about Is Casey Anthony Really Not Guilty?
Stossel Makes a Jab at Personal Injury Lawyers
In a recent segment on the Fox Business Channel, John Stossel, co-anchor of “20/20” on ABC News, stated, “For every person lawyers help, they hurt thousands more.” He is referring here to torts. A tort is a civil suit brought against a defendant for wrongdoing (such as damage, injury, or failure to act) that is done willfully, negligently, or in circumstances where the perpetrator is held to strict liability standards. Commonly, tort lawyers are known as personal injury attorneys. In Mr. Stossel’s opinion, lawyers who practice tort litigation are destroying America with “frivolous lawsuits.” He claims that such lawsuits cost the American people billions of dollars each year.
While there may be some “bad apples” that give legitimate personal injury lawyers a bad reputation, the majority of these attorneys are proving important services to clients in need, as well as the general public. For example, without lawsuits, big businesses would be free to harm and deceive the public without fear of consequences. These lawsuits have protected consumers and saved lives. Government regulation is often not enough to protect the public, but those rules combined with the financial and reputation costs of litigation keep companies responsible for making quality products with high safety standards. When individuals bring a tort suit against a doctor or a business, they are simply standing up for their legal rights when they have been treated unacceptably. The frivolous lawsuits that Mr. Stossel talks about are a rare occurrence when compared with the number of legitimate suits that often are of public benefit.
Read more about Stossel Makes a Jab at Personal Injury Lawyers
Fireworks Safety Tips from the CPSC
In Oklahoma, fireworks are legal, except within most of the major metropolitan areas. If you and your family choose to set off fireworks this Fourth of July, it is important to observe the following safety tips set out by the Consumer Product Safety Commission (CPSC):
- Be sure other people are out of the way when lighting fireworks. When observing, do not stand too close to fireworks. Never point or throw fireworks at other people.
- Do not experiment with homemade fireworks or try to combine fireworks.
- Do not stand directly over fireworks when lighting them. Always stand to the side and move back immediately after the fuse is lit.
NHTSA Highlights How Car Seats Keep Kids Safe
A report from the National Highway Traffic Safety Administration (NHTSA) says that motor vehicle crashes are the leading cause of death for children ages 3 to 14 in the United States. In 2008 (the most recent year for which statistics are available), that same age group accounted for 4 percent of traffic fatalities and 8 percent of people injured in motor vehicle crashes. That means that everyday in 2008, there was an average of 4 children killed and 529 injured in vehicle collisions.
While those figures are sobering, using an appropriate child safety seat can significantly reduce the risk. Use of a child safety seat reduces fatal injuries in infants younger than 1 year old by 71 percent and 54 percent for children between the ages of 1 and 4 years old.
Read more about NHTSA Highlights How Car Seats Keep Kids Safe
Big Lots Metal Futon Bunk Beds Recalled after Asphyxiation Death
The Consumer Products Safety Commission (CPSC) announced a recall this week after the tragic death of a three year old from Iowa. The tragedy was caused by a metal futon bunk bed sold by Big Lots. The design of the bunk bed allows children who are in the ladder area or behind the futon to become trapped when the futon is lowered to the flat position. In the case of the Iowa boy, his head and neck became trapped and he was unable to breathe or free himself. Although he was given CPR, the boy died at the hospital from compression asphyxiation. In addition to the hazard that lead to the boy’s death, it has been found that the space between the futon mattress and the last rung on the ladder is too small and children may become trapped there as well.
The recall includes metal futon beds with the model number BFB1008. The model number can be found on a label on the upper bunk support rail. The beds were sold all over the U.S. at Big Lots stores between January 2009 and April 2010. Consumers who have purchased the bed should contact Big Lots immediately for a repair kit that can be installed at home. Consumers can contact Big Lots by phone at (866) 244-5687 or by email at talk2us@biglots.com.
Read more about Big Lots Metal Futon Bunk Beds Recalled after Asphyxiation Death
OSHA Phases in New Residential Construction Fall Protection Rules
As falls are the leading cause of death for workers in the field of residential construction, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has increased the standard of protection with a new directive. Starting June 16, OSHA will begin phasing in new regulations that will require construction companies to provide residential construction workers with fall protection. Now, any workers doing jobs six feet high or more above the next lowest level must have fall protection, such as warning lines, guardrail systems, safety net systems, or personal fall arrest systems (safety harnesses that secure the wearer to an anchor point). Construction companies will have three months to adjust to the new regulations before citations will be issued. If after the phase in period the construction company is not in compliance with the new rules, they will be cited. The OSHA website has a variety of resources to help companies and employees understand the new guidelines. Visit https://www.osha.gov/ and click on Compliance Guidance for Residential Construction.
Read more about OSHA Phases in New Residential Construction Fall Protection Rules
Older Drivers Receive Vehicle Safety Check-Up in Oklahoma
As the baby boomer generation continues toward retirement age, the number of mature motorists on the road will continue to rise. By 2030 there will be an estimated 30 million older drivers in the U.S.
In response to this trend, on June 7th, AAA Oklahoma offered a free check to see how well cars fit the mature drivers who drove them. AAA representatives used a twelve point checklist to see what changes could be made to make operating the car safer. Some examples of items from the checklist were head rest, mirror and seat belt adjustments. The process took just 15 minutes, all while the driver was seated in his or her vehicle.
Read more about Older Drivers Receive Vehicle Safety Check-Up in Oklahoma
Consumer Product Safety Commission Releases New Statistics on Drowning
At the press conference to kick-off their summer campaign “Pool Safely: Simple Steps Save Lives”, the Consumer Product Safety Commission (CPSC) announced new statistics relating to drowning and near-drowning accidents. In the first five months of 2011 there have already been 55 drowning and 63 near-drowning incidents throughout 29 U.S. states and territories. What is even more shocking is that in each year from 2006-2008, an estimated average of 383 pool and spa-related drownings among children younger than fifteen took place with 76 percent being children under five years of age. Also alarming are statistics from 2008-2010 which show that in each of those years an average of 5,100 pool or spa submersion injuries for children younger than 15 were treated in emergency rooms. Of those cases, 79 percent were children under the age of five.
At the press conference, CPSC Chairman Inez M. Tenenbaum and U.S. Olympic swimmer Janet Evans spoke, reminding the public of the importance of pool safety. Chairman Tenenbaum stated that “the number of drownings and near-drownings involving children under five [is] still a serious public health issue”. Janet Evans gave advice from a mother’s perspective saying, “As a parent, I know how important it is that I take every precaution to ensure the safety of my children in and around the water—whether it’s providing swimming lessons, installing a pool alarm, or just keeping a close eye on them while they’re in the water—all these steps will help prevent an incident.”
Read more about Consumer Product Safety Commission Releases New Statistics on Drowning
CPSC Recalls 1 Million Pool and Spa Drain Covers on Same Day as CPSC Press Event
Summer and swimming season have arrived and so has the U.S. Consumer Product Safety Commission (CPSC) 2nd annual pool safety campaign “Pool Safely: Simple Steps Save Lives.” It is a national public education campaign that aims to decrease incidents of child drownings, entrapments, and nonfatal submersions in both spas and swimming pools. This pool safety campaign kicks off at an opportune time as the CPSC has announced the recall of around one million spa and pool drain covers on the same day.
This recall is the result of incorrectly rating the drain covers for handling the flow of water passing through the cover. This increases the risk of entrapment for anyone who uses the pool or spa, including young children who may fall into the swimming pool or spa.
Read more about CPSC Recalls 1 Million Pool and Spa Drain Covers on Same Day as CPSC Press Event
Oklahoma Highway Safety Office Observes National “Click It or Ticket” Campaign
The “Click It or Ticket” campaign is a national effort to prevent car accident injuries and fatalities by encouraging drivers and passengers to “buckle-up.” Oklahoma, as well as many other states in the U.S. are increasing seat belt enforcement efforts during the campaign, which began on May 23 and ends on June 5.
According to SandSpringsLeader.com, officers from across northeastern Oklahoma will be focusing on citing motorists who are not wearing seat belts. Funding from the Oklahoma Highway Safety Office (OHSO) is providing for extra patrols and checkpoints, as well as overtime shifts. If a motorist is cited for not wearing their seat belt, they will have to pay $20, for each citation. Both drivers and passengers can be ticketed for not wearing their seat belt.
Read more about Oklahoma Highway Safety Office Observes National “Click It or Ticket” Campaign