Thursday, July 30, 2009

Steps to Take Following a Motor Vehicle Collision



This from http://injury.findlaw.com/car-accident/personal-injury-first-car-accident.html

Would you know what to do if you were driving and hit another vehicle? A pedestrian? When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and soon afterward. Following is a list of things that should be done, if at all possible, when any automobile accident occurs.

Stay at the Scene
The cardinal rule for all car accidents is that you should never leave the scene until it is appropriate to do so. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a "hit-and-run" driver.

Exception: If you are hit by another car in a deserted area, use caution in stopping and getting out of your vehicle. Unfortunately, there have been reported incidents where a person exited their vehicle in a deserted or unsafe area after being bumped by another car only to be robbed or killed. Instead of getting out of the car if you find yourself in that situation, drive to the nearest police station to report the accident. If it turns out that you were being over-cautious and the other driver had no ill intentions, you may be embarrassed, but you will also be safe.

Check on All Drivers and Passengers
Before assessing property damage, check to make sure that everyone else involved in the accident is okay. Get medical attention for anyone who may need it. If a person is unconscious or complains of neck or back pain, it is best not to move them until qualified medical personnel arrive. In some situations, for example if an injured person is lying in a pool of gas that you fear may ignite at any time, you may have no choice but to move them. If you are in that type of situation, try to move them as steadily and slowly as possible while supporting their neck and back. The less movement, the better.

Call the Police
Especially if the accident involves significant property damage, physical injury, or death, you may need to call the police. Ask that a police report be filed in situations where law enforcement officers do arrive at the scene, and obtain the name and badge numbers of any responding officers.

Exchange Information
Talk to the drivers of any other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers' license numbers, license plate numbers, and basic insurance information. If there are passengers in any of the vehicles, obtain their names, telephone numbers, and addresses as well. In talking to drivers of other vehicles, you should try to be cordial and cooperative in determining that everyone is okay and in exchanging basic information.

However, do not apologize for anything at the scene. If you jump out of your car and blurt out, "I'm so sorry I ran that red light! Is everyone okay?" you may back yourself into a corner in terms of legal liability for what happened. Immediately after an accident, the scene is chaotic and it might not be evident who was at fault, or who was more at fault, in causing the accident. Moreover, in many states, fault is not determinative of which insurer will pay for any loss. Therefore, try to keep your conscience in check, at least until things get sorted out, so that you don't admit guilt unintentionally or unnecessarily.

Talk to Witnesses
Ask every witness what he or she saw. Get their names, telephone numbers or addresses, if possible. Whether the witnesses are residents of the area, businesspeople that work nearby, or passersby who were in the vicinity, try to talk to as many people as you can. Ask them, in particular, if they have ever witnessed other accidents in the same place. If a witness is hesitant to talk to you, don't beg or threaten them. Forcing information from someone will get you nowhere. Write down what they tell you and, if they agree, simply get their name and phone number so that you, your attorney, the insurance company, or the court can contact them again.

Inform Your Insurance Company
As soon as possible, tell your insurance company that you have been involved in an accident. Cooperate with your insurance company and tell them the truth about what happened and the extent of your injuries. If the insurance company finds out that you have lied to them about anything, you can get into serious trouble, not the least of which may be the denial of any coverage for the accident. Build support for your case when discussing the matter with your insurance company. Be able to explain to them the facts of the case in a clear manner. Obtain and review a copy of any police report, so that you can point out to the insurance company who broke what traffic laws or who was at fault for the accident. Such information will often be provided in the report. Although the insurance company may already know the facts of your case, taking an active interest in making sure your rights are protected will force the insurance company to take you seriously.

Keep Track of Your Medical Treatment
Note any doctors, physical therapists, chiropractors, or other medical professionals that you receive treatment from, and each medical provider that referred you to other caregivers. Having a written diary of this information will help you itemize your medical expenses and treatment for your insurer, your attorney, and the court.

Take Pictures
Take photographs of any damage to your vehicle as soon as possible after the accident. Having photographic proof will help your insurance adjuster determine how much you should be compensated for the damages to your car, and may also assist your case in court, if needed. If you have pictures of your car from before the accident, these pictures will offer a great "compare and contrast" to show the true extent of the damage sustained in the accident.

Get a Property Damage Valuation
Obtain a valuation for damages to your car from your insurance company. If you are not satisfied with the manner in which your insurance company has valued your vehicle, do not give up. Get two estimates for the repair of your car on your own, or have two dealers provide a quote for the cost of replacing your vehicle if there was a total loss. Communicate to the adjuster your concerns and position, and be assertive. If you cannot agree on the value of your car, consider alternative dispute resolution, or consult an attorney.

Use Caution in Discussing the Incident
Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company under any circumstances, without the knowledge of your attorney or your insurance company. If representatives from other insurance companies should call you, be polite, but ask them to call your attorney or insurance company to arrange for an interview. Also, get the representative's name and number, and tell your insurance company or attorney that someone seeking information about your accident contacted you.

Be Wary of Early Settlement Offers
Be careful if you are offered a settlement from an insurance company. Make sure that any physical injuries you may have suffered have been treated, and that you have a doctor's prognosis. Some injuries may not show up or reach their greatest level of discomfort until many days, weeks, or months after the accident. Don't settle a claim until you know you will be compensated for all of your injuries, and consult an attorney before signing any documents pertaining to settlement.

__________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Sunday, July 26, 2009

Driver Fatigue & Commericial Motor Vehicles



The following safety tips regarding driver fatigue and commercial motor vehicle driving come from http://www.fmcsa.dot.gov/about/outreach/education/driverTips/Driver-Fatigue.htm

Fatigue is the result of physical or mental exertion that impairs performance. Driver fatigue may be due to a lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors. The Large Truck Crash Causation Study (LTCCS) reported that 13 percent of Commercial Motor Vehicle (CMV) drivers were considered to have been fatigued at the time of their crash.

Below are some tips that will help you stay healthy and well rested during all your trips.


----------------------------------------------------------

TIP # 1: GET ENOUGH SLEEP BEFORE GETTING BEHIND THE WHEEL
Be sure to get an adequate amount of sleep each night. If possible, do not drive while your body is naturally drowsy, between the hours of 12 a.m. to 6 a.m. and 2 p.m. to 4 p.m. Driver drowsiness may impair a driver’s response time to potential hazards, increasing the chances of being in a crash. If you do become drowsy while driving, be sure to choose a safe place to pull over and rest.

Did You Know? The circadian rhythm refers to the wake/sleep cycle that our body goes through each day and night. The cycle involves our internal clock and controls the daily pattern of alertness in a human body. With inadequate sleep, the drowsiness experienced during natural "lulls" can be even stronger and may have a greater adverse effect on a driver’s performance and alertness.

Did You Know? A study by the Federal Motor Carrier Safety Administration (FMCSA) found that driver alertness was related to "time-of-day" more so than "time-on-task."48 Most people are less alert at night, especially after midnight. This drowsiness may be enhanced if you have been on the road for an extended period of time.

Did You Know? A recent study conducted to determine the risk of having a safety-critical event as a function of driving-hour suggests that incidents are highest during the first hour of driving. The authors hypothesize that drivers may be affected by sleep inertia shortly after waking from sleep. This may be especially true for drivers who sleep in the sleeper berth. Sleep inertia refers to impairment in a variety of performance tasks, including short-term memory, vigilance, cognitive functioning, reaction time, and ability to resist sleep.


---------------------------------------------------------

TIP # 2: MAINTAIN A HEALTHY DIET
Skipping meals or eating at irregular times may lead to fatigue and/or food cravings. Also, going to bed with an empty stomach or immediately after a heavy meal can interfere with sleep. A light snack before bed may help you achieve more restful sleep. Remember that if you are not well-rested, induced fatigue may cause slow reaction time, reduced attention, memory lapses, lack of awareness, mood changes, and reduced judgment ability.

Did you Know? A recent study conducted on the sleeping and driving habits of CMV drivers concluded that an unhealthy lifestyle, long working hours, and sleeping problems were the main causes of drivers falling asleep while driving.

---------------------------------------------------------

TIP # 3: TAKE A NAP
If possible, you should take a nap when feeling drowsy or less alert. Naps should last a minimum of 10 minutes, but ideally a nap should last up to 45 minutes. Allow at least 15 minutes after waking to fully recover before starting to drive.

Did you know? Short naps are more effective at restoring energy levels than coffee.

Did you know? Naps aimed at preventing drowsiness are generally more effective in maintaining a driver's performance than naps taken when a person is already drowsy.


---------------------------------------------------------

TIP # 4: AVOID MEDICATION THAT MAY INDUCE DROWSINESS
Avoid medications that may make you drowsy if you plan to get behind the wheel. Most drowsiness-inducing medications include a warning label indicating that you should not operate vehicles or machinery during use. Some of the most common medicines that may make you drowsy are: tranquilizers, sleeping pills, allergy medicines and cold medicines.

Did You Know? In a recent study, 17 percent of CMV drivers were reported as having “over-the-counter drug use” at the time of a crash.

Did You Know? Cold pills are one of the most common medicines that may make you drowsy. If you must drive with a cold, it is safer to suffer from the cold than drive under the effects of the medicine.



---------------------------------------------------------

TIP # 5: RECOGNIZE THE SIGNALS AND DANGERS OF DROWSINESS
Pay attention: Indicators of drowsiness include: frequent yawning, heavy eyes, and blurred vision.

Did You Know? Research has indicated that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of 0.08 percent, which is legally intoxicated and leaves you at equal risk for a crash.

Did You Know? A 2005 study suggests that three out of every four CMV drivers report having experienced at least one type of driving error as a result of drowsiness.

Did You Know? On October 16, 2005 at 2 a.m., a 23-year-old CMV driver fell asleep behind the wheel, causing him to enter a ditch and eventually roll his truck over on both west-bound lanes of Interstate 94. Minutes later, a charter bus carrying a school band crashed into the truck killing 5 and injuring 29 others. As a result of the crash, the CMV driver was charged with 5 counts of homicide by negligent operation of a vehicle and 29 counts of reckless driving that caused great bodily harm. If convicted he could have faced nearly 90 years in prison.

---------------------------------------------------------

TIP # 6: DO NOT RELY ON “ALERTNESS TRICKS” TO KEEP YOU AWAKE
Behaviors such as smoking, turning up the radio, drinking coffee, opening the window, and other “alertness tricks” are not real cures for drowsiness and may give you a false sense of security.

Did You Know? Excessive intake of caffeine can cause insomnia, headaches, irritability, and nervousness.

Did You Know? It takes several minutes for caffeine to get into your system and deliver the energy boost you need, so if you are already tired when you first drink a caffeinated drink, it may not take effect as quickly as you might expect. In addition, if you are a regular caffeine user, the effect may be much smaller.

Did You Know? Rolling the window down or turning the radio up may help you feel more alert for an instant, but these are not effective ways to maintain an acceptable level of alertness.

________________________________

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Saturday, July 25, 2009

10 Items to Teach Children about Pedestrian Safety




This checklist comes from the National Safe Kids Campaign and can be found at the following website, namely: http://www.usa.safekids.org/content_documents/ACF4C9.pdf

1. Do not cross the street alone if you're younger than 10 years old;
2. Stop at the curb before crossing the street;
3. Walk, don't run, across the street;
4. Cross at corners, using traffic signals and crosswalks;
5. Look left, right, and left again before crossing;
6. Walk facing forward;
7. Make sure drivers see you before crossing in front of them;
8. Do not play in driveways, streets, parking lots or unfenced yards by the street;
9. Wear white clothing or reflectors when walking at night; and
10. Cross at least 10 feet in front of a school bus.

______________________________________

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Thursday, July 23, 2009

Kids' Bicycle Helmet Safety

The following is from http://www2.tricities.com/tri/news/local/article/kids_bicycle_helmet_safety/29380/



Consumer Reports
Published: July 23, 2009

When it comes to kids’ sports injuries, what’s the leading cause of emergency room visits? Bike accidents. All too often, the child isn’t wearing a helmet.

Consumer Reports put a dozen children’s bike helmets through some tough tests to see how well they’d protect your child. In all, a dozen helmets were tested, ranging in price from $18 to $50.

One test simulates what happens when your head hits the pavement. Another test applies sudden force to the helmet’s straps and buckle to see whether they stretch or break. That helps determine whether the helmet would come off in an accident.

But Consumer Reports says it doesn’t matter whether you get a good helmet if it doesn’t fit correctly. A popular Hannah Montana Denim helmet is supposed to fit children 8 and up. But Consumer Reports found it’s too big for some 8-year-olds. It actually fit some adults!

A good-fitting helmet should fit snugly even before you tighten the straps. It should be level and no more than one or two fingers’ widths above the brow. The straps should form a “V” under each ear and the buckle should be centered under the chin.

The Schwinn Thrasher did very well overall in Consumer Reports’ tests and at $20 it’s a Best Buy.

Over time, a bicycle helmet’s straps might need to be adjusted either because of stretching, slippage, or a child’s growth. So make sure you check them periodically.

Bike helmets should always be replaced after an accident, and at least every five years or sooner if the manufacturer recommends it. And as your child grows, you might need to replace the helmet even more frequently.

______________________________________

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Nine Myths of Lightning Safety




Myth No. 1:
— Lightning strikes only when it's raining.
Fact:
Lightning can strike before, during or after a thunderstorm, often traveling as far as 10 miles and appearing amid blue skies and sunny weather.

Myth No. 2:
— Lightning never strikes the same place twice
Fact:
Lightning often strikes the same place repeatedly, especially tall, pointed objects such as the Empire State Building.

Myth No. 3:
— It's safe in a car because rubber tires protect you from lightning
Fact:
A car is a safe place during a lightning storm, but not because of the tires. The metal hull of the vehicle conducts the current along the outside of the car. But make sure the windows are rolled up, with no drafts.

Myth No. 4:
— It's safe to stand under a tree in a thunderstorm
Fact:
Being underneath trees is a leading indicator for lightning harm. People can be struck by a direct hit to the tall objects, or hurt by lightning conducted along the ground.

Myth No. 5:
— It's OK to finish a round of golf or an inning of a baseball game before seeking shelter in a storm
Fact:
Most sports teams at all levels now have lightning management plans that allow for and encourage ending games at the first signs of thunderstorms. Parents should insist on pulling their children out of games, out of pools or off fields when lightning threatens.

Myth No. 6:
— If trapped outside and lightning threatens, lie flat on the ground or assume the 'lightning crouch.'
Fact:
If lightning travels along the ground, the folly of lying flat is obvious. Recommendations to assume the "crouch" — feet together, head tucked, ears covered, balanced on the balls of your feet — is outdated and gives users a false sense of security. There is no safe place in the open during a thunderstorm, experts said.

Myth No. 7:
— It's not safe to touch a lightning victim
Fact:
A lightning strike victims may need immediate first aid, including rescue breathing and CPR. The human body doesn't store electricity. It is perfectly safe to help.

Myth No. 8:
— Metal apparel attracts lightning
Fact:
Don't waste time shedding metal headbands, watches or glasses during a storm; the objects won't attract lightning to you. It's wise not to carry an umbrella, but only because it makes you taller. Instead, seek shelter quickly.

Myth No. 9:
— In a house, I'm safe from lightning
Fact:
Going inside a house or other secure structure is best in a thunderstorm. However, once inside, avoid corded telephones, appliances and other objects. Stay away from plumbing and water. Sadly, it's best to avoid windows, even during spectacular lightning storms.
Source: Dr. Mary Ann Cooper, National Weather Service.
See http://www.msnbc.msn.com/id/32086896/ns/health-more_health_news/

_______________________________________

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Wednesday, July 22, 2009

Safety Tips for Being Handy in the Home

Today's safety tips comes from the American College of Emergency Physicians entitled, "Safety Tips for Being Handy in the Home" located at the following website:

http://www3.acep.org/patients.aspx?id=26180


For those who are handy, safety is no accident when doing repairs and making improvements in the home. More accidents occur in the home than in the workplace. To help you practice safety first, here are some suggestions from the American College of Emergency Physicians (ACEP).

"Take no chances with injury," said Russell, Harris, MD, of the American College of Emergency Physicians. "Always wear appropriate safety equipment, and observe safety advice and proper use of equipment. Establish a routine that makes safety automatic, and never use a tool you are unfamiliar with or perform a task you are unqualified to do."

Personal Safety

When using hand tools, doing home improvement, painting, or plumbing, you can avoid careless injury by using the right tools for the job and making sure you have proper training for equipment.

Always maintain and use personal safety equipment for eyes, lungs, ears, hands and feet when your work involves hazards related to them. Install or repair equipment only if you're qualified, and never do electric work unless you're qualified. Also, be knowledgeable of first aid and keep a well-stocked first aid kit on hand.

Wear appropriate dust masks or a respirator when particles are airborne or chemical fumes are present.
Wear earplugs or full ear protectors if exposed to loud noise from power saws, drills, or other workshop machines.
Use appropriate gloves to protect your hands.
Wear hard-toe or safety steel-toe shoes to protect your feet when working with heavy parts or machinery.

Power Tools

Use a tool only for its intended purpose, applying the force it was built to withstand. When working with machinery, tie back long hair, wear close-fitting clothing, and remove jewelry. Never drink alcohol when operating equipment or using power tools.

Maintain tools in proper working condition and perform proper, routine maintenance. Regularly inspect tools, cords, and accessories, and immediately repair or replace broken equipment and tools.
Only use attachments authorized by the manufacturer.
Never alter a tool in a manner that reduces its safety.
Keep tools, equipment, and supplies neatly stored in locked cabinets or drawers between uses.
Avoid distractions when using power equipment.
When using a cutting tool, always aim the edge away from your body.

Ladders

When using a ladder, remember to think "safety" first. Inspect it to make sure it's in good working condition, and always use the right type of ladder. Place it on firm, even ground. Face a ladder when climbing up or down, and hold the side rails with both hands. Never stand on the top rung. Keep aluminum ladders away from power lines, and never use them to do electric work because they conduct electricity.

"Make work areas as safe as possible," said Dr. Harris. "Never leave garden tools or extension cords lying around, and return tools after each use. Establish and maintain proper lighting levels, and replace electric cords that are frayed or the insulation is breaking."


___________________________________________________

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Tuesday, July 21, 2009

Protecting Children from Sexual Predators




There are a number of steps we can take to teach children how to be safe from predators.

The following are a few tips from http://www.youtube.com/watch?v=0uhL2qh39kw



1. Teach children information to arm them how to be safe and how to react when they are assaulted.

2. Teach children that if someone is trying to grab a child to take them away in a car, the child needs to be taught how to act in order to get immediate attention to obtain help from someone else in the area which include screaming/yelling, kicking, biting and scratching the assailant. Teach them how to struggle and fight for their lives. Teach them to yell for help, e.g., teach them to yell out words and phrases, including "Help me" and "stranger...stranger"; "I'm being kidnapped" while fighting, scquirming to get away, hitting, biting, scratching and kicking. Look at the aforementioned website in as an illustration.

3. Teach the children if they are abducted to study the inside of the vehicle and how to unlock the vehicle in order to escape.

4. Teach children, if they are locked in a trunk, how to pull out the wires to the tail light in order to draw attention by a passing police officer. Children should be taught how to kick out the tail light from the inside of a trunk if possible so that they can reach their hands out to signal for help.

5. Teach children not to be intimidated by the threats of others; they they need to act/react to any threat. Failure to do so could result in them being harmed (killed).

__________________________________________


For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Monday, July 20, 2009

Tips to Prevent a Car Accident



The following safety tips were prepared by Caroline Pardilla, Production Editor for www.edmunds.com, entitled, "Tips to Prevent a Car Accident."

As automotive journalists, we at Edmunds.com tend to be a little more practiced on the road than the average driver. Not only is driving cars our job but we're required to go to high-performance driving school every year "for insurance purposes." So take it from us when we say we know a thing or two about how to avoid a car accident. We're not talking about obvious tips your mom told you, like, "Look both ways before you enter an intersection" or "Don't tailgate." Rather, tips we've picked up in the field, interacting with L.A. drivers in particular, driving cross-country, and testing cars on the track.

1. Avoid the "fast lane." By using the center or right lane on multilane roads, you have more "escape routes" should a problem suddenly arise that requires you to quickly change lanes or pull onto the shoulder. Most highway accidents occur in the left lane. Furthermore, you are more conspicuous to highway patrol if you are in the "fast lane."

2. Keep your eyes scanning the area ahead. Don't just eyeball the car in front of you but watch the traffic in front of that car as well. This increases your chance of seeing a problem while still having enough time to react to it, and decreases your chance of rear-ending the vehicle in front of you should they make a sudden stop.

3. Beware of blind spots. Yes, adjust your side mirrors and rearview mirror to provide you with one near seamless panoramic scene of the view behind you, but don't rely solely on them. Actually turn to look directly into the lanes beside you to avoid missing something left undetected by your mirrors. Also consider the blind spots for other drivers around you, especially truckers, and try to minimize the amount of time you spend in them.

4. Drive with your hands in the 9 and 3 o'clock position. Instead of the lazy, typical way people drive with one hand at 12 o'clock or both hands resting at the bottom of the steering wheel, this recommended position facilitates maximum vehicle control when you're forced into quick maneuvering to avoid a potential car accident.

5. Get racecar driver control of the wheel. Another trick to maintain control of the wheel is to move your seat close enough to the steering wheel so that your wrist can rest on the top of the wheel with your arm outstretched and your back against the seat. This not only ensures your arms won't easily fatigue but they'll be in the optimum position for some last-minute evasive maneuvers.

6. Judge a driver by his/her car's condition. If a car's condition indicates an inattentive owner because of body damage or dirty windows, it could easily suggest an inattentive driver, too. Also, drifting in the lane often identifies a tired, drunk or cell phone-preoccupied driver — so you should get away from that person.

7. Know your car's limits. After getting behind the wheel of everything from minivans to exotic sport cars, our editors know the performance limits of the cars they drive. Pay attention to how your particular vehicle reacts in certain situations — if the vehicle leans a lot when you're rounding corners, this means that wrenching the wheel at high speeds to avoid an accident will be a scary proposition. It's also key to be familiar with the limits of your car's brakes and tires. How long does it take to stop when you apply maximum pressure? How much grip do your tires have? If you replaced your car's stock tires with a cheap set, chances are you've reduced its braking and handling capability.

8. Keep your car in good shape. At Edmunds, we stick to the manufacturer's recommended maintenance schedule for our long-term cars. This ensures that they'll accelerate, stop and steer when we need them to. Reconsider the wisdom of "getting another 1,000 miles out of old tires" — if you encounter an unexpectedly slick road, you may find yourself rubbing up against the guard rail.

9. The nighttime is not the right time. Some people like to travel at night to avoid traffic, but with it comes certain hazards. In addition to your own increased fatigue and decreased field of vision, you need to be aware of joyriding teens and drivers who may be tired or drunk. Drive extra defensively around the witching hour, after midnight when some people are leaving bars, parties or sports arenas. And for goodness' sake, don't drive down a dark road with burned-out headlights or taillights.

10. Learn how to drive a racecar. It may sound like a frivolous expense, but going to a high-performance driving school is one of the best ways to improve your skill as a driver. Here you'll learn what it feels like to drive a car "at the limits" and have an opportunity to practice accident avoidance maneuvers and skid recovery in a safe, controlled environment. Understanding how to make your car do what you want it to do in emergency situations could save your life.

None of these are surefire ways to prevent a car accident. You can only control what you do behind the wheel, not what your fellow drivers do. But take responsibility when you drive and focus on the task at hand. It's not a time to return phone calls or shave or log onto your e-mail. Take it from our editors: Driving isn't a mindless activity, it's an exercise in self-restraint, self-defense and self-preservation.

See http://www.edmunds.com/reviews/list/top10/107098/article.html
_______________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Sunday, July 19, 2009

Cell Phone Use While Driving


The following is published by the National Safety Council and may be found at namely: http://www.nsc.org/resources/issues/factsheet.aspx

Using cell phones while driving is a very high risk behavior with significant impact on crashes and society. More than 50 peer-reviewed scientific studies have identified the risks associated with cell phone use while driving.

Drivers who use cell phones are four times more likely to be in a crash while using a cell phone. (1997 New England Journal of Medicine examination of hospital records and 2005 Insurance Institute for Highway Safety study linking crashes to cell phone records).

There is no difference in the cognitive distraction between hand-held and hands-free devices. (Simulator studies at the U. of Utah.)

Cell phone use contributes to an estimated 6 percent of all crashes, which equates to 636,000 crashes, 330,000 injuries, 12,000 serious injuries and 2,600 deaths each year. (Harvard Center of Risk Analysis).

80 percent of crashes are related to driver inattention. There are certain activities that may be more dangerous than talking on a cell phone. However, cell phone use occurs more frequently and for longer durations than other, riskier behaviors. Thus, the #1 source of driver inattention is cell phones. (Virginia Tech 100-car study for NHTSA)

It is estimated that more than 100 million people use cell phones while driving. (CTIA – The Wireless Association reports 270 million cell phone subscribers. A Nationwide Insurance public opinion poll showed 81 percent of the public admit to talking on a cell phone while driving).

The annual cost of crashes caused by cell phone use is estimated to be $43 billion (Harvard Center for Risk Analysis).

Talking to a passenger while driving is significantly safer than talking on a cell phone. (University of Utah)

Many businesses understand the risk and are already taking action. Among NSC members that responded to a survey, 45 percent (651 of 1453 respondents) said their companies had a cell phone policy of some kind. Of those, 22 percent said they re-engineered their processes to accommodate the policy and 85 percent said the policy did not affect productivity.


_______________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Water Safety Checklist



The aforesaid site offers the following safety checklist for children in and around water namely:

1. Always swim with a buddy;
2. Never run, push or jump on others around water;
3. Always wear a U.S. Coast Guard approved life jacket when you are in or
near an open body of water, a boat or participating in water sports;
4. Inflatable inner tubes or "water wings" are not safety devices;
5. Learn how to swim;
6. Swim only within designated safe areas of rivers, lakes and oceans; and
7. Never dive into a river, lake or ocean.

I would add one more to the list which is also avoid any and all canals and irrigation ditches. Irrigation ditches are not areas of play, and they are inherently dangerous to adults and especially children.

There is a water safety book for children now available to help children learn about the risks associated with being around bodies of water spotlighted at http://www.journalstar.com/news/local/article_df3a12a2-7d51-11de-9e2e-001cc4c002e0.html called "Josh the Baby Otter" which is a wonderful way to teach children the threat and potential risk of injury near any body of water.





See also http://www.kdheks.gov/safekids/downloads/water-ckl-e.pdf
______________________________________

For additional information contact:
Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Friday, July 10, 2009

Safety Home Checklists




Today's spotlighted website is located at the following url, namely: http://kidshealth.org/parent/firstaid_safe/home/household_checklist.html

An accident or injury can occur in any part of your home. Some safety hazards are obvious — such as a toy truck left lying at the top of the stairs. Others are not so easily identified — such as a stairway railing that has become loose.

The aforementioned website has a number of checklists which relate to every room in a typical household which you should consider in making your home a safe habitat for your family and you.

Rome wasn't built in a day, but as we focus on making our homes safer, we make our homes healthier and hopefully happier at least by minimizing the risk of injury to our loved ones, friends, guests and ourselves.

By reviewing and considering the safety home checklists, we can make note as to what improvements we wish to make to our habitats to make them safer and more enjoyable to live in.
________________________________________

For additional information contact:
Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Thursday, July 9, 2009

Prepare "Ready" Kits for Disasters

This essay is from the Home Safety Council at http://homesafetycouncil.org/SafetyGuide/sg_disaster_w002.asp

No one knows when or where a disaster might strike, so families need to take time to prepare for emergencies. The Home Safety Council advises families to have both a “Ready-to-Stay” kit and a “Ready-to-Go” kit. This will help if you lose power and have to stay inside for a few days. Or, if something happens and you need to leave immediately to get to a safer place, you'll have what you need in your “Ready-to-Go” kit.

Finding the supplies in your home can be fun for everyone! Have a family scavenger hunt to gather the items below.

Put a check next to the items you already have and circle the things you need to buy. Some items are needed in both kits, but in different amounts.



Be Prepared

Plan to be without power.
Make a “Ready-to-Stay” and a “Ready-to-Go” kit.
Use strong bags and mark the date you packed your “Ready-to-Go” kit.
Listen to the radio or television to find out if you should leave or stay at home.
If you will need a ride, ask someone ahead of time.


“Ready-to-Go” Kit:

Every family needs to keep the following items in a backpack or duffle bag in order to be ready if an emergency situation forces them to leave home.

One gallon of water per person.
Food that does not have to be refrigerated and a manual can opener.
Plastic/paper plates, cups and utensils.
Flashlight and extra batteries.
Battery-operated radio.
Change of clothes.
Card with your contact information and the number of someone out of state to call.
Small first aid kit.
Personal identification card.
Personal hygiene items, soap and hand sanitizer.
Store medicine you usually take near your “Ready-to-Go” kit.


”Ready-to-Stay” Kit:

A “Ready-to-Stay” kit will help you if you lose power or have to stay at home for a few days. It contains all of the items in the “Ready-to-Go” kit plus a few others. Prepare a “Ready-to-Stay” kit with the following items stored in a plastic tub or a special cabinet.

Three gallons of water for each family member.
Canned food and snacks for at least three days and a manual can opener.
Pet food and supplies for three days.
Toilet paper.
Non-scented bleach.
Blankets.
Books and games to keep busy.
Paper and pencils.
_______________________________________________
For additional information contact:
Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Think Safe Be Safe: Poison Prevention Tips

Home Safety Council research shows that poisoning is the second leading cause of unintentional injury related death in the home. According to the American Association of Poison Control Centers (AAPCC) more than 92 percent of the 2.4 million poison exposures reported in the latest year studied occurred in the home. Yet, the Home Safety Council found that most families are not taking the appropriate precautions to reduce the risk of poison exposure.

Poison prevention is for everyone, not just children. The Home Safety Council's poisoning prevention advice can help individuals and families keep their homes safer from poisonous and toxic products, chemicals and gases, regardless of the ages of the occupants. Homes with young children need to take extra precautions. Follow these guidelines to keep your family safe from poison exposures at home:

Be Prepared

Know to call 800.222.1222 if someone takes poison. Call the Help number if you have a question about poisons.

Keep the number by every phone. Call 9-1-1 if someone won’t wake up, is having trouble breathing or is having seizures. If the person seems okay, but you think they may have taken poison call 1-800.222.1222.

Carbon Monoxide (CO) is a deadly gas that you cannot see or smell. The gas collects when fuels are burned.

* Have a service person check heaters, stoves and fireplaces every year to see that they work well.

Have a carbon monoxide (CO) detector near the bedrooms. This will tell you if the gas level is too high.
Push the “test” button on the detector so everyone will know the sound it makes.

Know the things in your home that are poisons.

Read the labels of the products you use in your home. If the label has the words “Caution”, “Warning”, “Poison” or “Danger”, keep out of reach of children and lock them away. Read the labels and follow directions when using these.


Protect Young Children

Take all medicines and medical supplies out of purses, pockets and drawers.
Put them in a cabinet with a child safety lock.
Have child safety caps on all chemicals, medications and cleaning products.
Lock all dangerous items and products in a cabinet. Cosmetics (make-up) can be poison too.
Keep medicines and cleaning products in their original containers with the original labels intact.
Store all dangerous products away from food and drinks. Be especially aware of products with fruit shown on the labels, which could be confused as being edible.

Keep each family member’s medicines in a separate place, so they don’t get mixed up. Carefully measure doses and track medicine given/received.

In the Bathroom

Keep all chemicals, cleaners, medicines, cosmetics and other toxic and/or caustic products in their original containers with the original labels intact.

Have a medicine cabinet you can lock.

Be safe. Throw away medicines if you don’t use them or they are old or the date has expired.
Do not put medicines in the sink or toilet. They can poison our water and make people and animals sick. Put the medicine in the garbage.
Take off the label before you throw the medicine container away if it has your name or any information about you.
Wrap the container in paper or plastic bag. Close the bag and put it in the garbage. Keep children and pets away from the garbage.
If you have pills, crush them before you throw them out. Mix the pieces into old coffee grounds, sand, or kitty litter.
Call your Health Department. Ask if there is a place to take old medicines.


In the Garage and Storage Areas

Chemicals, fuels (such as gasoline), car fluids (such as anti-freeze), pesticides (such as bug killers), and lawn and garden products (such as fertilizer) are poison.

Keep products in their original containers. Close the lid and put all dangerous products away after using them.

Store them where children cannot reach them; use locks on cabinets.

Close and put away dangerous products after using them.

Clean up spills as soon as they happen.


When Using Motors

Carbon Monoxide (CO) is a deadly gas that you cannot see or smell. The gas collects when fuels are burned.
Never run a motor or vehicle engine inside an attached garage, as deadly carbon monoxide can enter your home this way.
Use portable generators outside only. Do not use it inside your home or garage.

Use a barbeque grill outside only. Do not use it in your home or garage.

See http://www.homesafetycouncil.org/safety_guide/sg_poison_w001.aspx
____________________________________________
For additional information contact:
Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Think Safe Be Safe: Safe Steps to Reduce Falls

Millions of Americans are only a step away from becoming victims of the leading cause of unintentional home injuries - falls. According to The State of Home Safety in America™ (2004) conducted by the Home Safety Council, falls are by far the leading cause of unintentional home injury death. Falls account for an average of 5.1 million injuries and nearly 6,000 deaths each year. The vast majority of fall deaths occur among people age 65 and older and fall death rates are higher for males. In an effort to reduce injuries among people of all ages, the Home Safety Council encourages families to identify and correct potential falling hazards in and around the home.

Home Safety "Walk-Through"

Walk through your home to identify and remedy potential falling hazards. What to look for:
  • All stairs and steps should be protected with a secure banister or hand-rail.

  • Make sure all porches, hallways and stairwells are well lit.

  • Use the maximum safe wattage in light fixtures. (Maximum wattage is typically posted inside light fixtures.)

  • Use nightlights to help light hallways and bathrooms during night-time hours.

  • Keep stairs, steps, landings and all floors clear.

  • Reduce clutter and safely tuck away telephone and electrical cords out of walkways.

  • In homes with children, make sure toys and games are not left on steps or landings.

  • When very young children are present use safety gates at the tops and bottoms of stairs.

  • Use a non-slip mat or install adhesive safety strips or decals in bathtubs and showers.

  • If you use a bath mat on the floor, choose one that has a non-skid bottom.

  • Install grab bars in bath and shower stalls.

  • Don't use towel racks or wall-mounted soap dishes as grab bars; they can easily come loose, causing a fall.

  • Install window guards to prevent young children from falling out of upper windows. (Select guards with emergency-release devices.)

  • Keep the floor clean.

  • Promptly clean up grease, water and other spills.

  • If you use throw rugs in your home place them over a rug-liner or choose rugs with non-skid backs to reduce your chance of falling.

  • Use a sturdy step stool with hand rails when climbing is necessary.Follow medication dosages closely.

  • Using multiple medications and/or using medications incorrectly may cause dizziness, weakness and other side effects which can lead to a dangerous fall.

See http://www.homesafetycouncil.org/programs/pr_safesteps_w002.aspx

___________________________
For additional information contact:
Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Think Safe Be Safe: Fire Prevention Tips

According to the Home Safety Council’s State of Home Safety in America™ Report, fires and burns are the third leading cause of unintentional home injury and related deaths. Fire safety and survival begin with everyone in your household being prepared.

Follow these safety measures from the Home Safety Council to reduce the chance of fire in your home:

Prevent Fires Caused by Cooking:

  • Always stay in the kitchen while cooking.
  • Keep things that can burn, such as dishtowels, paper or plastic bags, and curtains at least three feet away from the range top.
  • Before cooking, roll up sleeves and use oven mitts. Loose-fitting clothes can touch a hot burner and catch on fire.
  • Never leave barbecue grills unattended while in use. Keep grills at least ten feet away from other objects, including the house and any shrubs or bushes. Always stay by the grill when cooking.

Prevent Fires Caused by Heating:

  • Store matches and lighters in a locked cabinet.
  • Keep space heaters at least three feet away from things that can burn, such as curtains or stacks of newspaper.
  • Always turn off heaters when leaving the room or going to bed.
  • Have a service person inspect chimneys, fireplaces, wood and coal stoves and central furnaces once a year. Have them cleaned when necessary.
  • Keep things that can burn away from your fireplace and keep a glass or metal screen in front of your fireplace.

Prevent Fires Caused by Smoking:

  • Use “fire-safe” cigarettes and smoke outside.
  • Use large, deep ashtrays on sturdy surfaces like a table. Douse cigarette and cigar butts with water before dumping them in the trash.

Prevent Fires Caused by Candles:

  • Never leave burning candles unattended.
  • Do not allow children to keep candles or incense in their rooms. Always use stable, candle holders made of material that won’t catch fire, such as metal, glass, etc.
  • Blow out candles when adults leave the room.

Prevent Fires Caused by Gasoline and Other Products:

  • Store gasoline in a garage or shed in a container approved for gasoline storage.
  • Never bring or use gasoline indoors; and use it as a motor fuel only.
  • Close the lid on all dangerous products and put them away after using them.
  • Store them away from the home and in a safe place with a lock.
  • Don’t plug in too many appliances at once.

Keep Your Family Safe At Home

  • Make a fire escape plan for your family.
  • Find two exits out of every room.
  • Pick a meeting place outside.
  • Practice makes perfect – hold a family fire drill at least twice each year.
  • Install smoke alarms on every level of your home.
  • For the best detection and notification protection, install both ionization- and photoelectric-type smoke alarms.
  • Some models provide dual coverage. The type will be printed on the box or package.
  • Put them inside or near every bedroom.
  • Test them monthly to make sure they work.
  • Put in new batteries once a year.
  • Know how to put out a small pan fire by sliding a lid over the flames.
  • Teach every family member to “Stop, Drop, Roll and Cool” if clothes catch fire by dropping immediately to the ground, crossing hands over your chest and rolling over and over or back and forth to put out the flames.
  • Cool the burned area with cool water and seek medical attention for serious burns.
  • Consider having a home fire sprinkler system installed in your new home, or when you remodel.
  • Learn how and when to use a fire extinguisher.
  • If you have a fire in your home, once you get out, stay out. Do not go back inside for any reason.
See http://www.homesafetycouncil.org/safety_guide/sg_fire_w001.aspx
____________________________
For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

10 Safety Tips for Motorists

From http://yieldtolife.org/tips/motorists

1. Different but Equal

In all states, cyclists are deemed by law to be drivers of vehicles and are entitled to the same rights on the road as motorists. Expect cyclists on the road. Watch for cyclists on the road. Treat them as you would any slow-moving vehicle.

2. Patience, not Patients

Patience, especially on the road, is a virtue, and can save lives.
Your patience may involve:
Waiting until it is safe to pass a bicycle and refraining from tailgating.
Giving cyclists the right of way when the situation calls for it.
Allowing extra time for cyclists to go through intersections.
Recognizing road hazards that may be dangerous for cyclists and giving cyclists the necessary space to deal with them. In conditions where there is not enough room for a cyclist to ride to the right, they are allowed to ride closer to the lane of traffic, and sometimes even in the lane of traffic. Never engage in conduct that harasses or endangers a cyclist. Above all: Be tolerant. Be understanding. Be careful.

3. A Passing Grade

Do not pass a cyclist until you can see that you can safely do so. You should allow ample space between your vehicle and the bicycle and make sure you do not place the cyclist in danger. If you pass too closely the drag from your car can pull a cyclist off course and cause the rider to swerve out of control.

4. The Right Behavior

Watch out for cyclists when you are turning right. A bicyclist may well be to the right of you and planning to go straight at the same intersection. Do not speed ahead of the bicyclist thinking you can negotiate the turn before they reach your car. The cyclist may be going faster than you think and, as you slow to make the turn, the cyclist may not be able to avoid crashing into the passenger side of your vehicle.

5. To The Left, to The Left

Also look for cyclists when making a left-hand turn. Cyclists who are crossing straight through the same intersection in the opposite direction may be going faster than you realize. It is particularly dangerous on a descending slope, when cyclists pick up more speed.

6. A Back-up Plan:

Bicycles, and the people who drive them, come in all shapes and sizes. When backing out of your driveway always look to see if someone is riding in your path. Children on small bikes might be hard to see. Drive slowly and look carefully.

7. Egress Etiquette

After parallel parking, make sure the coast is clear for opening the car door to exit. Make sure there are no cyclists riding alongside your car or fast approaching. By using the rear view mirrors and by turning around, a driver can spot an approaching cyclist and circumvent a disaster. A cyclist cannot anticipate when a driver will open a door, but a driver can easily detect a cyclist who may be in the line of danger.

8. Respect

Cyclists have a rightful spot on the road. Cyclists also positively impact the environment with each revolution of their wheels by opting to ride rather than drive. Do not resent cyclists. Replace frustration with a smile every time to see a cyclist.

9. Honing Your Horning Habit

Do not to honk unnecessarily at cyclists. If the need does arise to honk your horn to alert a cyclist that you are about pass, do so at a respectable distance. If you are too close, the noise itself can cause a cyclist to lose his or her bearings and create a hazardous situation for both you and the cyclist.

10. Try it, You’ll Like it

If you can’t beat them, join them. Ride a bike. It may just change your life. Riding is good for you and good for your environment. At the very least, it will give you a better appreciation for the problems cyclists face everyday on the road with respect to motorists.


__________________________________
CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

10 Safety Tips for Cyclists

From http://yieldtolife.org/tips/cyclists

1. Cycling Citizenship

Along with the right to cycle come responsibilities. Familiarize yourself with all applicable traffic laws and cycling rules. Each state has its own set; be aware of them. Motorists will be much more willing to accept cyclist’s rightful place on the road if cyclists act lawfully and respectfully. Do not run stop signs or red lights or use the wrong side of the street. It is best and safest to ride single file. If you are not blocking traffic and if the laws in your state permit it, there are times it is safe to ride two abreast. However, on narrow curvy canyon roads it is always best to ride single file. Riding responsibly will do wonders towards easing tensions and fostering a more harmonious environment between motorists and cyclists.

2. Right On

It is generally either illegal or unsafe to ride on a sidewalk or on the road towards oncoming traffic. As a rule, it is best to ride in the direction of traffic, staying as far to the right as is practical. However, make sure there is room to handle emergencies and that you do not ride so close to the right that you run the risk of hitting the curb and being thrown into traffic. There are times when you simply cannot stay to the far right—whether it’s to overtake another cyclist or vehicle, to make a left turn, or to avoid a hazard. Be sure to wait for a safe opportunity and use the proper hand signals when you take a lane.

3. Join In

If you are traveling at the same speed as other traffic, it may be safer to jump in and ride with traffic; because, this may make you more visible to motorists. Joining traffic is sometimes necessary because the road is simply too narrow for both a bike and a car. It is a particularly good idea to take a lane and join traffic before an intersection to make your presence known—especially for right-turning drivers who may not see you as they start their turn.
When you do join traffic, make sure you never pass on the right. This is always dangerous, but particularly so in an intersection. By waiting directly behind a vehicle, you can see a car’s signals; otherwise, you never know if the motorist is about to make a right turn and hit you.

4. Use Your Head

Regardless if you’re going to the corner store or heading out on a marathon ride, always wear a helmet. Make sure it is properly fastened and fitted. (The helmet should fit snugly and not move when you shake your head.)

5. Seeing Eye to Eye

Make eye contract with drivers whenever possible. This ensures that the motorists see you and helps you assert your rightful place on the road. This “personal connection” reminds motorists that you are indeed real LIFE in need of attention and protection. Once you make that connection, motorists may give you more respect on the road.

6. The Road Straightly Traveled

Try to ride consistently and predictably. For instance, at an intersection, do not veer into the crosswalk and then suddenly reappear on the road again. Don’t thread through parked cars. With such erratic behavior, motorists will not be aware of your presence when you try to re-emerge into traffic. (Inconsistent conduct increases your chances of being squeezed out of traffic or, worse, getting hit.)

7. Playing Defense

Make sure you are always aware of your surroundings. Know what is behind you and watch out for what is in front of you. Always be on the lookout for road hazards; sand and gravel, glass, railroad tracks, parked cars, snow and slush can wreak havoc on you and your bike. Sewer grates and cracks in the road can catch your wheel and cause you to be thrown from the bike. Watch for parked cars where people may be opening doors on the driver side of the vehicle without looking. Always wait until you have ample time to make your move, whether you are changing a lane or turning a corner. Do not expect to be granted the right of way in any instance.

8. Flaunt It

Make your presence felt. Wear bright color clothing. At night or in inclement weather, it is important to use reflective lights in the front, side and rear that make you visible from all directions.

9. Helping Hands

Emergencies happen. Be prepared. Always make sure you have at least one hand on your handlebars, no matter what. Know and use your hand signals whenever you are changing lanes or making a turn.

10. Brake Away

Make sure your brakes are always in top-notch condition. Be aware of how weather and road conditions can effect your ability to brake.
__________________________

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eigth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

The Sixth Leading Cause of Death


The Sixth Leading Cause of Death

According to the Institute of Medicine (IOM) preventable medical errors kill as many as 98,000 people every year at a cost of $29 billion.

If the Centers for Disease Control classified medical errors as a category it would be the sixth leading cause of death, killing more people annually than auto accidents or guns. 1

Yet, according to the National Practitioners Data Bank Study there are only 14,000 medical malpractice payments a year. When health care corporations and bureaucratic regulators fail to protect the public, the civil justice system is the last resort for injured patients to hold wrongdoers accountable. Civil justice attorneys work to make sure people have a fair chance to receive justice through the legal system when they are injured—even when it means taking on the most powerful corporations who seek to limit the constitutional right of those injured.2

Sources:
1 Deaths/Mortality, 2004, National Center for Health Care Statistics (NCHS), Centers for Disease Control (CDC), http://www.cdc.gov/nchs/fastats/deaths.htm.
2 Deaths/Mortality, 2004, National Center for Health Care Statistics (NCHS), Centers for Disease Control (CDC), http://www.cdc.gov/nchs/fastats/deaths.htm.

See http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8677.htm

____________________________________________________
For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Tips for Managing Your Driving Time




Today's essay comes from Bob Stuber at http://www.safety.com/index.html



The world might be in a hurry, but you don’t have to be. Try these tips:
  • Allow for plenty of time to get where you’re going, then add no less than 10 extra minutes.
  • Always plan your driving time with the slowest scenario in mind:
    catching every red light, running into traffic, getting caught behind an
    extremely slow driver, etc.
  • Don’t be afraid to revise your time estimates.
  • If you feel yourself getting in a hurry, stop! Call whomever you are going to meet and let them know it’s going to take a little bit more time.
  • If you are habitually late and in a hurry, try setting your watch and other clocks ahead by 10 minutes

You'd be surprised: for some people, this works!-- Bob Stuber

____________________________
Let's be careful out there!

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Wednesday, July 8, 2009

Is Your Public Playground a Safe Place to Play?




Today's blog entry constitutes a public playground safety checklist published by the Consumer Product Safety Commission, entitled, "Public Playground Safety Checklist", CPSC Document #327 as follows:

Is your public playground a safe place to play?

Each year, more than 200,000 children go to U.S. hospital emergency rooms with injuries associated with playground equipment. Most injuries occur when a child falls from the equipment onto the ground. Use this simple checklist to help make sure your local community or school playground is a safe place to play.

Public Playground Safety Checklist



  • Make sure surfaces around playground equipment have at least 12 inches of wood chips, mulch, sand, or pea gravel, or are mats made of safety-tested rubber or rubber-like materials.

  • Check that protective surfacing extends at least 6 feet in all directions from play equipment.

  • For swings, be sure surfacing extends, in back and front, twice the height of the suspending bar.

  • Make sure play structures more than 30 inches high are spaced at least 9 feet apart.

  • Check for dangerous hardware, like open "S" hooks or protruding bolt ends.

  • Make sure spaces that could trap children, such as openings in guardrails or between ladder rungs, measure less than 3.5 inches or more than 9 inches.

  • Check for sharp points or edges in equipment.Look out for tripping hazards, like exposed concrete footings, tree stumps, and rocks.

  • Make sure elevated surfaces, like platforms and ramps, have guardrails to prevent falls.

  • Check playgrounds regularly to see that equipment and surfacing are in good condition.

  • Carefully supervise children on playgrounds to make sure they're safe.

  • You can also view our other playground safety publications. Brought to you by the U.S Consumer Product Safety Commission and KaBOOM!, a national nonprofit organization committed to building safe playgrounds for America's children through the KaBOOM! LET US PLAY campaign. For more information, call toll-free 1-888-789-PLAY or visit the KaBOOM! web site at http://www.kaboom.org/.
See http://www.cpsc.gov/CPSCPUB/PUBS/327.html

See also the following information found at ttp://kidshealth.org/parent/firstaid_safe/outdoor/playground.html, to-wit:

Playgrounds and outdoor play equipment provide fun, fresh air, and exercise. But they also can pose some safety hazards.

Faulty equipment, improper surfaces, and careless behavior are just a few of the hazards of playgrounds — each year, more than 200,000 kids are treated in hospital ERs for playground-related injuries. Many of these could have been prevented with the proper supervision.

You can make the playground a place that's entertaining and safe for your kids by checking equipment for potential hazards and following some simple safety guidelines. And teaching kids how to play safely is important: If they know the rules of the playground, they're less likely to get hurt.

Adult Supervision

Parents can help prevent playground accidents by taking some precautions, ensuring that there's adult supervision at the playground, and making sure that the equipment is appropriate to a child's age and maturity level.

Adult supervision can help prevent injuries by making sure kids properly use playground equipment and don't engage in unsafe behavior around it. If an injury does occur, an adult can assist the child and administer any needed first aid right away.

Kids should always have adult supervision on the playground. Young children (and sometimes older ones) can't always gauge distances properly and aren't capable of foreseeing dangerous situations by themselves. Older kids like to test their limits on the playground, so it's important for an adult to be there to keep them in check.

Before you visit a playground, check to make sure that play areas are designed to allow an adult to clearly see kids while they're playing on all the equipment.

Playground Design Safety

The most important factors in evaluating the safety of any playground are surface, design and spacing, and equipment inspection and maintenance.

Surfaces

A proper playground surface is one of the most important factors in reducing injuries — and the severity of injuries — that occur when kids fall from equipment. The surface under the playground equipment should be soft enough and thick enough to soften the impact of a child's fall.

Here are some things to consider:



  • Concrete, asphalt, and blacktop are unsafe and unacceptable.

  • Grass, soil, and packed-earth surfaces are also unsafe because weather and wear can reduce their capacities to cushion a child's fall.

  • The playground surface should be free of standing water and debris that could cause kids to trip and fall, such as rocks, tree stumps, and tree roots.

  • There should be no dangerous materials, like broken glass or twisted metal.

  • The surfaces may be loosely filled with materials like wood chips, mulch, sand, pea gravel, or shredded rubber.

  • Surfacing mats made of safety-tested rubber or rubber-like materials are also safe.

  • Rubber mats and wood chips allow the best access for people in wheelchairs.

  • Loose-fill surface materials 12 inches deep should be used for equipment up to 8 feet high. The material should not be packed down because this will reduce any cushioning effect.

  • No surfacing materials are considered safe if the combined height of playground and the child (standing on the highest platform) is higher than 12 feet. The cushioned surface should extend at least 6 feet past the equipment. Additional coverage may be needed, depending on how high a slide is or how long a swing is. If there is loose-fill over a hard surface (like asphalt or concrete), there should be 3-6 inches of loose-fill like gravel, a layer of geotextile cloth, a layer of loose-fill surfacing material, and then impact mats under the playground equipment.

  • Keep in mind that even proper surfacing can't prevent all injuries.

  • Also, the greater the height of the equipment, the more likely kids are to get injured if they fall from it.

Design and Spacing


Playground equipment should be designed for three different age groups: infants and toddlers under 2, 2- to 5-year-olds (preschoolers), and 5- to 12-year-olds (school-age kids).


In the safest playgrounds, play areas for younger children are separated from those meant for older kids and signs clearly designate each area to prevent confusion. Younger children should not play on equipment designed for older kids because the equipment sizes and proportions won't be right for small kids, and this can lead to injury. Likewise, older kids shouldn't play on equipment designed for younger ones. Smaller equipment and spaces can cause problems for bigger kids.


Here are some things to check for to ensure the equipment is designed and spaced to be safe:



  • Guardrails and protective barriers should be in place for elevated surfaces, including platforms and ramps.

  • Play structures more than 30 inches high should be spaced at least 9 feet apart. Swings, seesaws, and other equipment with moving parts should be located in an area separate from the rest of the playground.

  • Swings should be limited to two per bay.

  • Tot swings with full bucket seats should have their own bay.

  • Swings should be spaced at least 24 inches apart and 30 inches between a swing and the support frame.

  • Be sure there are no spaces that could trap a child's head, arm, or any other body part. All openings on equipment (for example, rungs on a ladder) should measure less than 3½ inches or they should be wider than 9 inches.

  • Playground equipment with moving parts — like seesaws and merry-go-rounds — should be checked for pinch points that could pinch or crush a child's finger or hand.

Maintenance and Inspection


Whether your kids play on a home or public playground, it's important for you to take a general look at the equipment to make sure that it is clean and well maintained.There should be no broken equipment.



  • Wooden equipment should not be cracking or splintering.

  • Metal equipment should not be rusted.

  • The fence surrounding a public playground should be in good condition to prevent kids from running into surrounding traffic.

  • Surface materials on the playground should be maintained regularly so that the surfacing is loosely packed and covers all appropriate areas — especially the fall zones surrounding playground equipment.

  • Playground equipment should be made of durable materials that won't fall apart or worn down too much by the weather.

  • Check for objects (like hardware, S-shaped hooks, bolts, and sharp or unfinished edges) that stick out on equipment and could cut a child or cause clothing to become entangled.

  • All hardware on equipment should be secure, with no loose or broken parts.

  • Plastic and wood should show no signs of weakening, and there should not be any splintered or rusted surfaces.

  • If the local playground has a sandbox, check for hazardous debris such as sharp sticks or broken glass, and be sure that the sand is free of bugs.

  • Sandboxes should be covered overnight to prevent contamination from animals, such as cats.Help keep your playground clean and safe by picking up trash, using the equipment properly, and reporting any problems to the city, town, or county parks department, school, or other organization that is responsible for the upkeep of the playground. If a part seems broken, loose, or in need of other maintenance, designate it off limits immediately and report the problem to the appropriate authorities.

Teaching Kids About Playground Safety


Safe playground equipment and adult supervision are extremely important, but it's only half of the equation: Kids must know how to be safe and act responsibly at the playground.


Here are some general rules to teach your kids:



  • Never push or roughhouse while on jungle gyms, slides, seesaws, swings, and other equipment.

  • Use equipment properly — slide feet first, don't climb outside guardrails, no standing on swings, etc.

  • If you jump off equipment, always check to make sure no other kids are in the way. When you jump, land on both feet with knees slightly bent.

  • Leave bikes, backpacks, and bags away from the equipment and the area where you're playing so that no one trips over them.

  • Playground equipment should never be used if it is wet because moisture causes the surface to be slippery.

  • During the summertime, playground equipment can become uncomfortably or even dangerously hot, especially metal slides.

  • So use good judgment — if the equipment feels hot to the touch, it's probably not safe or fun to play on.

  • Don't wear clothes with drawstrings or other strings at the playground. Drawstrings, purses, and necklaces could get caught on equipment and accidentally strangle a child. Wear sunscreen when playing outside even on cloudy days so that you don't get sunburned.

Safe Equipment Guidelines


Because swings, slides, and climbing equipment are so different from one another, each requires a different set of safety considerations. And there are some kinds of equipment that are not safe for playgrounds, no matter how careful your child is.


Swing Safety


Swings are the most frequent source of childhood injuries from moving equipment on a playground. But a few simple precautions should keep kids safely swinging in the breeze:



  • Swings should be made of soft material such as rubber or plastic, not wood or metal.

  • Kids should always sit in the swing, not stand or kneel.

  • They should hold on tightly with both hands while swinging, and when finished swinging, stop the swing completely before getting off.

  • Children should stay a safe distance from other kids on swings, being careful not to run or walk in front of or in back of moving swings.

  • Kids should never ride with more than one child to a swing. Swings are designed to safely hold only one person.

Seesaw Safety


Because seesaw use requires cooperation between kids, they're generally not recommended for preschoolers unless the seesaw has a spring-centering device to prevent abrupt contact with the ground. Regardless of design, both seesaws and merry-go-rounds should be approached with caution.Other safety tips to keep in mind:



  • Seesaw seats are like swings: one child per seat.

  • A child who is too light to seesaw with a partner should find a different partner — not add another child to his or her side of the seesaw.

  • Kids should always sit facing one another, not turned around.

  • Teach kids to hold on tightly with both hands while on a seesaw, not to touch the ground or push off with their hands, and to keep feet to the sides, out from underneath the seesaw.

  • Kids should stand back from a seesaw when it's in use.

  • They should never stand beneath a raised seesaw, stand and rock in the middle, or try to climb onto it while it's in motion.

Slide Safety


Slides are safe if kids are careful when using them. Guidelines to keep in mind:



  • Children should take one step at a time and hold onto the handrail when climbing the ladder to the top of the slide.

  • They should not climb up the slide itself to get to the top.

  • Kids should always slide down feet first and sitting up, never head first on their back or stomach.

  • Only one child should be on the slide platform at a time, and kids shouldn't slide down in groups.

  • Kids should always check that the bottom of the slide is clear before sliding down.

  • When they reach the bottom, they should get off and move away from the end of the slide so it's clear for other kids to slide down.

Climbing Equipment


SafetyClimbing equipment comes in many shapes and sizes — including rock climbing walls, arches, and vertical and horizontal ladders. It's generally more challenging for kids than other kinds of playground equipment.Be sure your kids are aware of a safe way down in case they can't complete the climb. The highest rates of injuries on public playgrounds are associated with climbing equipment, which is dangerous if not designed or used properly. Adult supervision is especially important for younger kids.



  • Climbing equipment can be used safely if kids are taught to use both hands and to stay well behind the person in front of them and beware of swinging feet.

  • When they drop from the bars, kids should be able to jump down without hitting the equipment on the way down.

  • Remind kids to have their knees bent and land on both feet.Too many kids on the equipment at one time can be dangerous.

  • Everyone should start on the same side of the equipment and move across it in the same direction.

  • When climbing down, kids should watch for those climbing up; they should never race across or try to reach for bars that are too far ahead.

  • Children younger than age 5 may not have the upper-body strength necessary for climbing and should only be allowed to climb on age-appropriate equipment.

  • Preschoolers should only climb 5 feet high and school-age kids should only climb 7 feet high.

Track Ride


SafetyTrack rides are a form of upper-body equipment where kids hold on to a handle that slides along a track once they lift their feet. These rides require significant upper-body strength and are recommended for school-age kids and above.Track rides should not be included in play areas for toddlers and preschoolers.



  • There should be no obstacles along the track path, especially in take-off and landing areas.

  • If two track rides are next to each other, they should be spaced 4 feet apart, minimally.

  • The handle should be between 64 inches and 78 inches from the surfacing.

  • Nothing should be tied or attached to any part of the track ride.

  • Rolling parts should be enclosed to avoid crush injuries.

Log Roll


SafetyLog rolls require kids to grasp handles, then balance on top of the log as they spin it with their feet. This helps older kids to develop balance skills and increase strength.Log rolls are recommended for school aged-kids and above.



  • All log rolls should have handholds to assist balance.

  • The highest point of the log roll should be 18 inches above the protective surface.

Unsafe Playground Equipment


The following types of equipment are not safe for playgrounds:



  • animal figure swings;

  • glider swings that hold more than one child at a time swinging ropes that can fray, unravel, or form a noose (any kind of rope attached to play equipment poses a strangulation hazard;

  • so never let your child tie jump ropes or leashes onto the equipment);

  • exercise rings (as used in gymnastics) and trapeze bars monkey bars;

  • trampolines

Play is an important part of kids' physical, social, intellectual, and emotional development. Following these safety tips will help your kids play as safely as possible.


Reviewed by: Kate M. Cronan, MD, and John Howard, MD


Date reviewed: October 2008



_________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Tuesday, July 7, 2009

Understanding and Preventing Slips and Falls

Today’s spotlighted essay comes from Barrent C. Miller entitled, "Investigating Slips and Falls: The Complex Dynamics Behind Simple Accidents."

Falls are consistently the leading cause of injury-producing accidents. They account for more than 1 million injuries each year in the United States.

Why are there so many falls? In part, it is because we fail to understand the complexity of same-surface slip-and-fall accidents. We assume that people fall because the floor is slick, because they are clumsy or careless, or because they step on a foreign object. These assumptions lead to investigations that are one-dimensional and to repeated accidents at the same location.

To understand causality and to determine responsibility for an accident, the investigator usually eliminates many possible causes. But people can fall for numerous reasons. Reasons include the interaction of the walking surface with shoes; the environment, along with its distractions; and the physical and mental limitations of the victim.

The Mechanics of Walking

The study of energy, as applied to motion, is called kinesiology. Kinesiology provides us with a model to understand normal and abnormal movement patterns. Any movement, from a golf swing to a child climbing a flight of stairs, can be analyzed.

Most movements involve the expansion and contraction of muscles in relation to joints and bones. People use levers to move their bodies. When we understand the patterns in which these levers work, we can determine the cause of deformities and incapacitates of a person in an accident. We cannot assume, however, that abnormal patterns of movement are responsible for an accident.

Walking and most other motions of the whole body involve the body's center of mass. This theoretical area, commonly called "the center of gravity" (COG), is the balance point around which a movement operates. While complex measurements are necessary to determine the exact location of the center of gravity, it is estimated that the COG in the average person who is standing is about 55 percent of the distance between the floor and the person's height.

This COG is located in the center of the body, as viewed from the side. The location of the center of gravity affects the way a person walks and falls, and may even affect the severity of a fall.

The COG changes during various activities and postures, and also varies according to the build of the person. In walking, the center of gravity is carried alternately over the right and left foot. The average human walking pattern is called "striding bipedalism" because we stand and walk with two feet in contact with the walking surface.

Each step begins with the weight supported for the trailing foot. We swing the striding foot forward and begin to transfer our weight forward to the heel. Our weight rolls toward the toes as our momentum carries us forward, and we begin to swing the alternate leg forward. As the pace increases, an instance of instability occurs between steps at the moment when our weight is transferred to the leading foot.

Essentially, walking results in successive losses of balance. Clayne Jensen, a motion expert, divides the human stride into three parts: propulsion, swing, and catch and support. (C. Jensen, Applied Kinesiology and Biomechanics (1982).) When speed increases to running pace, only one foot is in contact with the surface at a time.

People walk in distinctive ways. There are so many variations of walking that some contend there is no normal walking pattern. For example, some people nearly skip the heel in the forward step, and obese people often step flat-footed because their center of gravity is carried forward. Each walking pattern causes variations in stride.

These methods of walking are generally thought to be incorrect because they are less efficient, but they should not be considered unsafe unless evidence shows they prevent the individual from maintaining balance. Stride and balance can also be affected by the inner ear, medication, and disorders of the central nervous system.

To stand, walk, or climb without falling, we must maintain our center of mass over and within a base area. When someone is standing erect, the base can be considered the normal footprint. The shape, size, and position of the base changes depending on the pattern of movement and the activity. When walking, we constantly readjust our body segments over our base to maintain stability. The brain, vision, body condition, and the nature of the contact with the surface all contribute to the sensitive balance required to maintain walking stability. If a foot slips or is mispositioned, the center of gravity shifts outside the base area. When this happens, we shift our body parts in an attempt to regain equilibrium. If the center of mass cannot be shifted back over the base area, we fall.

Conscious Control

Walking is a motor skill. Once learned, motor acts like walking are initiated in the cerebral cortex without conscious intention or intervention. Obviously, we do not need to tell our body what joint to move or which muscles to energize. The mind orders a whole action, and the details occur without conscious direction.

A national champion golfer was asked to describe the steps involved in making a shot. She said, "I see the shot, then feel it, and then I do it." Walking is the same.

Ordinarily, we do not consciously recognize changes in the walking surface. As we walk, we scan about 10 to 20 feet ahead of us. Our observations operate below the level of the conscious mind.

Most slip-and-fall accidents are caused by unexpected changes in the walking surface. To become aware of the hazard, the change must impinge upon our consciousness in some way.

If we see a potential hazard, we can usually avoid it. It is possible to walk safely on an icy sidewalk, for example, if we see the hazard and adjust our behavior. It's the unseen hazard that places us at maximum risk.

Individual Rights

When walking in a public place, we have the right to be advised of any hazards we are likely to encounter. If we choose to proceed with full knowledge of a hazard, we assume at least some risk. If the hazard has been knowingly or carelessly disguised, an accident can be expected.

A man visiting a public park broke his leg in a fall as he tried to descend three wooden steps to a lower level. His foot had slipped on a defect in the leading edge of a step. The public parks department investigated the accident and painted the steps with a bright orange paint to call attention to the stairs. unfortunately, the paint covered the defect in the step, and, two weeks later, a woman broke her hip when her foot got caught in the same defect.

Lighting can disguise a defect or hazardous condition. A change in the normal walking environment must be visible to the pedestrian and stand out from background stimuli. glare and too much or too little contrast in the walking environment can reduce the efficiency of the eye.

The walking surface should be evenly illuminated and should have a brightness level of at least 20 foot candles - a basic quantitative unit of light measurement. And the contrast (ratio of dark to light) should be no less than 3-1 and no more than 20-1. The measurement of luminosity and contrast requires a simple photographic light meter calibrated to read in foot candles.

Photographs of the accident scene can help the investigator evaluate the effect of light on the mishap. It is important to photograph the site properly, making sure the photographs represent the accident point from the eight compass positions. These photographs often provide unexpected insights. The camera should be held level and pointed straight ahead, instead of at the floor. An example of the usefulness of photographs can be shown in the case of a woman who fell while walking through a bank.

An examination of the photographs showed what had been missed during previous inspections of the scene: a dip in the floor, where a wall had been removed, which could not be seen from the area of traffic flow used by the victim.

Kinds of Falls

Same-surface falls can be classified into four categories: 1. Trip-and-fall accidents, in which pedestrians encounter a foreign object in their walking path; 2. Stump-and-fall accidents, in which a moving foot encounters an impediment in the walking surface, whether it is a tacky point on the surface or a defect that impedes the foot; 3. Step-and-fall accidents, in which the foot finds an unexpected failure or hole in the walking surface; and 4. Slip-and-fall accidents, in which the interface of the shoe and the floor fails to support the walker's center of gravity over the base area.

The slip and fall is the most common accident. Foot contact is broken, and the individual attempts to right himself or herself. Recovery of equilibrium is reflexive and not under conscious control in most cases. If the pedestrian strikes the surface with a fleshy part of the body, the injuries are likely to be minimal. but if the victim strikes a bony body part, the injuries may be more severe.

Measurement of Surfaces

Years before the invention of modern acrylic finishes and attempts to establish standards for regulation of surface slipperiness, the cleaning industry discovered the need to determine slip-resistance.

The bean-bag test was one of the earliest ways, and it can be traced back to the 1930s. A 10-pound bag of beans was placed on a clean piece of burlap. The weighted burlap was pulled across the floor with a spring scale. The point at which the load began to move was noted, and the test was repeated.

A floor that required six pounds of pull was considered safe. A floor with less than five was slippery, and a floor with a drag of more than seven was considered to be tacky. By today's standards, the bean-bag test is primitive, but it provided a simple, reliable way of comparing results and surfaces. A new product could be tested on a small area, and the safe working procedures could be recorded.

The American Society for Testing and Materials and the National Bureau of Standards have studied the reliability of test devices for measuring the floor surfaces and the effect of cleaning materials on walking safety. We can now predict how a floor-care product will behave when applied according to a manufacturer's recommendations. The new tests are merely revisions of the old bean-bag test.

Floor characteristics are now measured in terms of the static or dynamic coefficient-of-friction(COF). Most common machines measure the coefficient-of-friction of a surface by dragging, pushing, or striking a floor area with a shoe material having a known surface characteristic. This coefficient can be determined by taking the drag necessary to first move the object and dividing it by the weight of the object being pulled. a floor with a COF of .5 or less is considered slippery; a floor with a COF of more than .5 is considered safe.

For forensic analysis of floor materials, Seigler Pendulum Tester, a horizontal drag slip meter, or another type of calibrated test device is often used. These systems of testing floor surfaces depend on a heel and sole material of known slip characteristics, and the accuracy of the systems has been validated by the National Bureau of Standards and other testing agencies. These simple devices can be very useful. They provide the safety investigator a standard with which to compare a floor surface.

Routine Testing

Modern materials and floor-care products are now considered safe and consistent, so builders and service companies no longer test each batch of a product. But this confidence can lead to problems.

A new shopping center in a tropical city, for example, used glazed ceramic tile in its walkway. A woman slipped on the tile and was hurt. The architect had specified an eight-inch strip of ceramic tile with a decorative pattern, and the builder presented the owner with samples. No one knows if the tile manufacturer had recommended the use of this tile on outside walkways, but it was a poor choice. When it rains, as it often does in this tropical city, the sidewalk becomes hazardous.

The static coefficient-of-friction has been measured at .30 on a wet day. In this case, a small number of tiles could have been tested under conditions similar to those in its expected use. The cost wold have been minimal. but now the tile must be completely removed from the shopping center or temporarily fixed by applying an external finish. The removal will cost thousands of dollars.

Types of Floors

The slip-resistance of floor materials has received considerable attention from safety investigators. There is a large body of knowledge about material characteristics. Each material has benefits and disadvantages, and each must be properly installed and maintained to produce a safe walking surface.

As a rule, the slip-resistance of a floor material is directly proportional to the number of microscopic points that project from its surface. Concrete, for example, is a relatively safe surface, but if it is improperly cured when poured, it becomes a very slippery surface.

Asphalt tile and vinyl tiles are relatively safe if the surface treatment chosen is correct. Marble and terrazzo surfaces are inherently slippery and should be treated with a sealer containing a high percentage of solids to increase slip-resistance. Floor tile can be very safe or very dangerous, depending on its factory finish and its maintenance.

Floor Finishes and Cleaning Methods

A custodian's locker is a good place to start an investigation of slip-and-fall accidents. The investigator should determine what products are being used and how they are being combined. Are the mops dirty? Does the staff use the same mop for cleaning and disinfecting? How often is the floor finish removed, and what is used to remove it?

A floor finish is a product that is put on top of the raw floor material to protect it, to beautify it, or to change its surface characteristics. A floor finish can be used to make an unsafe floor less slippery or can inadvertently be used to make a safe floor dangerous. Finishes can be either synthetic or organic.

One potentially dangerous floor finish is a paste produce called "carnuba." Carnuba, made from the palm tree, gives the floor a brilliant shine and is preferred by some floor-care companies because of its ease of use, shine, and cost. When used according to manufacturer's recommendations, the product is safe and offers and acceptable standard of floor care.

If problems arise, it is usually because the produce is used improperly. The wax material in carnuba is soft and "walks," that is, it gravitates out of the pedestrian path. The custodian often replaces the thin areas with fresh paste, leaving a heavy build-up toward the outside of the traffic area. This build-up produces a dangerous surface.

Acrylic finishes are also common. Some companies offer special formulations for problem floor surfaces like terrazzo and marble. One manufacturer makes an acrylic finish that contains aluminum oxide flakes. This finish can be applied in restaurants and other locations where floors are usually wet. These acrylics form a one-piece floor surface through interlocking crystallization when the material dries. Acrylics make safe floor surfaces, but are labor intensive and have to be removed when the product builds up.

Improper cleaning methods can complicate matters further. Oil mops treated with petroleum base sprays can turn a safe floor into a hazardous one. Pine-tar disinfectants used on ceramic floors sometimes leave a slippery residue and cause many bathroom falls.

The National Safety Council reports that may slip accidents are caused by improper cleaning methods and recommends that floors be cleaned only with clean water. If soap or commercial strippers are used on a floor, care must be taken that no residue remains when the floor dries.

A final finish is sometimes applied to the floor by the pedestrian, who can pick up fertilizer and other chemicals on shoes and bring dangerous adherents into a building.

Individuals at Risk

If a victim has been previously injured, is disabled in some other way, or is elderly, we might assume that the physical infirmity caused the accident. But our assumptions can prevent our seeing the actual cause. There is no correct way to stand or walk. What we view as correct posture and movement is often a matter of esthetics. Handicapped people sometimes need to use a high level of conscious intervention in the walking process.

Mrs. Jones is an example. She suffered from polio as a child, and her leg muscles and hip were seriously atrophied. She used leg braces and a cane when she walked. For 35 years, she had walked on ice and snow and climbed stairs and moved about in all kinds of situations. She walked monopedially, that is, she often had only one foot in contact with the floor when she took a step. At the moment when she shifted her weight from one foot to the other, she used the cane for stability.

Mrs. Jones entered a fast food restaurant that displayed a sign indicating it was equipped for handicapped use. It was a bright day, and the restaurant was using subdued lighting for effect. The windows had been treated to cut down light transmission. When entering this environment, it takes between three to five seconds for one's eyes to adjust to the light. For Mrs. Jones, the light at floor level was less than 20 foot candle, and the contrast between the brown ceramic tile and a spilled soft drink was too low for her eyes to measure. Her right foot slipped to the right, and she fell. A close examination showed that the pores of the normally safe unglazed ceramic tile were packed with soap residue. When wet, the spot produced a dangerous condition, and the subdued lighting hid the condition.

Investigators of falls should understand the principles of human movement and have a working knowledge of floor materials, cleaning methods, and lighting.

When reconstructing a slip-and-fall accident, investigators should avoid coming to any conclusion too quickly. The victim should be extensively interviewed, and the verbal report used to focus the investigation. The slip-resistance of the floor should be measured, and accurate measurements of the light intensity and contrast should be made.

In every case, the findings should be compared to building codes and industry standards. Although they are seemingly the simplest of all accidents, falls are anything but.

See http://www.safety-engineer.com/complex.htm

________________________________

Alan. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 (866.WIN.1.NOW)
Facsimile: 208.342.2509