Syracuse Personal Injury Law Blog

High chlorine levels sickens dozens at public pool

Published on: June 25, 2015 | By Jeff DeFrancisco

In our last post, we highlighted the dangers that young children, and some adults alike, face when at the water park or at someone’s backyard pool. Essentially, people who are not strong swimmers could be in distress and supervisory people may not even know it. And to avoid a tragedy, homeowners and park personnel both have a duty to use reasonable care in making sure a person does not drown.

However, drownings are not the only concerns facing water parks, public pools are even some homeowners. The chemical balance in the water must strong enough to ward off algae and other germs, but the chlorine must not be harmful to patrons. According to an ABC News.com report, more than 40 people were sickened at a northern California public pool.

The victims, mostly children were likely exposed to high levels of sodium hypochlorite, a form of chlorine that is used to treat swimming pools. Officials investigating the incident reported that 17 people were taken to the hospital and were later released. 23 other people were treated onsite.

Will driverless cars drive like “grandmas”?

Published on: June 24, 2015 | By Jeff DeFrancisco

The world isn’t ready for self-driving cars, but it might as well get accustomed to them, because they are coming whether we like it or not. Depending on the automaker, there is likely to be more than 10,000 miles of test driving before a driverless car is sold in the U.S.

But in the midst of this testing, a number of motorists will see them. While they are not necessarily solicited for their opinion of these cars, a few have voiced their opinions. One person who has seen the testing of Google’s vehicles first hand offered his accounts and they were featured in a Time.com article.

Essentially, he said that the Lexus RX 350’s he’s seen outfitted with Google’s navigational equipment were not dangerous or hazardous. In fact, he described the autonomous driver as one who would drive “like his grandma.” Essentially, the cars were slow to accelerate, drove at or below the speed limit and did not take any chances (with lane changes).

When should the umbilical cord be clamped?

Published on: June 24, 2015 | By Jeff DeFrancisco

The birth of a child is a simply wonderful event. Part of it is the joy of finally being able to meet a being that has been growing inside his mother’s womb, and the other is the happiness that comes with loving someone who loves you unconditionally as well. But with every birth, the risk of complications exists, which is why birth centers have detailed protocols that they must follow in order to limit the risks of infection and injury.

Part of these protocols includes when an umbilical cord must be cut, even though, as a brand new parent, you may not think about it when the baby is first born. Nevertheless, there are questions about whether the rules surrounding when umbilical cords should be changed.

Essentially, a recent study of infants suggested that children who a few extra minutes attached through their cords had a boost in neurodevelopment compared to those who had their cords clamped immediately after birth.

How PTSD can manifest itself in accident victims

Published on: June 23, 2015 | By Jeff DeFrancisco

In a prior post, we noted how comedian Tracy Morgan settled his lawsuit with Wal-Mart stemming from the horrific crash last summer that left him severely injured and killed his best friend. We reported that Morgan was pleased that Wal-Mart “stepped up” and compensated him for his injuries. However, he was still emotionally scarred from losing his friend and the slow recovery process he has endured, even a year after the accident.

Morgan reported having his “good days and bad days.” While he did not address it specifically, these up and down days could be indicative of post traumatic stress syndrome. PTSD can haunt a person long after an accident has occurred; especially if it was particularly traumatic (i.e. there was the possibility that the person would be killed, or if someone else died in the crash).

Of the more than two million people who are injured in an accident, it is estimated that nearly 30 percent will develop long lasting symptoms of PTSD, including depression and anxiety attacks. Essentially, they could have constant flashbacks of the accident, have specific triggers that brink up anxiety or become hopelessly preoccupied with the preciousness of life.

Could you be buying a flood damaged car?

Published on: June 23, 2015 | By Jeff DeFrancisco

Everyone likes a bargain; especially when it comes to buying a car. So when you see what appears to be a late model car with next to no miles on it for a great price, it certainly may be worth investigating. Not just because a great bargain is to be had, but because you may be unknowingly buying a flood damaged car.

Since the flooding in Texas and much of the southeastern United States has taken place earlier this year, flood damaged cars have made their way onto used car lots across the country; even showing up in New York. Some unscrupulous brokers have taken these cars and cleaned them so that any remnants of flood damage are hidden. While this may seem ingenious, it could be dangerous for the buyer.

After all, there may be certain components of these vehicles that could be compromised, which would put the driver (and any passengers) at risk. For instance, if the braking components of a flood damaged car malfunction, because of rusted parts, a driver could find him or herself in an accident because of bad brakes. Because used car sales people are not generally obligated to report damage to cars that they know nothing about, an injured car owner may have a difficult time finding recourse.

Can smart cars still be susceptible to human error?

Published on: June 22, 2015 | By Jeff DeFrancisco

It’s no secret that several automakers, including Mercedes-Benz, Volvo along with Google are racing to develop self-driving vehicles (or at least extended autonomous features) in a push to eliminate some of the common accidents that occur because of human error. After all, a self-driving car ostensibly will not give in to road rage, will not drive while under the influence of alcohol, and will not disobey speed limits because the driver is late.

With all of these potential benefits that a computer could bring, there is still a concern that self-driving cars could be susceptible to human error. According to a recent InsuranceJournal.com report, there have been several accidents during the testing of such cars.

For instance, a Volvo employee who was demonstrating a car that was supposed to detect pedestrians (and brake automatically) accidentally drove into a group of observers. The video footage of the accident made its way onto YouTube, and has been viewed more than four million times. Also, accidents have occurred with Google’s vehicle, essentially because the autonomous system did not take into account how human drivers sometimes “bend” traffic rules so that they could avoid accidents.

Swimming pool safety basics

Published on: June 22, 2015 | By Jeff DeFrancisco

As we have noted in a number of our posts, summer is the time for road trips. But for those who like enjoying the outdoors without driving hundreds of miles to a destination, a pool party would likely do the trick. But for people who open their homes for these parties, it is important to know and understand the safety responsibilities homeowners have.

Essentially, homeowners have a duty to use reasonable care in making sure that the property is safe for guests when they come over. Also, the must act as a reasonable person would in supervising people, especially children, when they are swimming. Indeed, the supervisory people may not need to have life-saving skills certificates as common lifeguards would have at a public swimming pool, but they should have a basic understanding of how to spot a person who is in distress.

This post will identify a few telltale signs of someone in danger.

Can physicians be drug addicts?

Published on: June 20, 2015 | By Jeff DeFrancisco

In our society, drug addiction is a prominent problem. According to a number of media reports, 10 to 14 percent of Americans struggle with a drug problem. When we think of drug addicts, however, the images that are likely conjured are of dirty, disheveled individuals who live in dilapidated houses (or on the street) and are one step away from losing their lives, since they have already lost so much else.

However, there are a number of drug addicts who simply fly under the radar, and they have access to as many drugs as they like. They are doctors.

According to a dailybeast.com report, doctors who are drug addicts lead some of the most dark, yet brilliant and complicated lives. However, it is indicative of a serious disease that “allows for a great deal of self-pity and mischief.”

What a doctor may argue in defending a medical malpractice case

Published on: June 18, 2015 | By Jeff DeFrancisco

Medical malpractice accusations can be staunchly defended. After all, physicians, who have been trained since college to be right all of the time, do not take kindly to having their expertise questioned. Nevertheless, this is what occurs in a medical malpractice lawsuit.

With the amount of money that can be awarded in medical malpractice suits, and the threat to a physician’s reputation, you can expect that there will be some strong defenses. This post will highlight a few common ones.

Statute of limitations – If a plaintiff does not bring a lawsuit in the amount of time allowed under law, a doctor could argue that an action is “time barred.”

Why doctors should document concussion symptoms

Published on: June 17, 2015 | By Jeff DeFrancisco

Indeed, there are more than 90 days before the first National Football League games will be played in September, but it is not too early to discuss the dangers of concussions in sports. After all, the concussion protocol was discussed during the NBA playoffs after Klay Thompson of the Golden State Warriors was inadvertently kneed in the head during the conference finals. Also, it was rumored that LeBron James may have suffered one after he hit his head on a camera.

Yes, many parents in our region will not have kids playing professional sports. But they will be playing on playgrounds and in youth sports leagues and they will invariably have head injuries that that will send them to the hospital. In fact, According to the Centers for Disease Control and Prevention, more than two million Americans will be hospitalized after suffering traumatic brain injuries (i.e. concussions).

For injuries that result in lawsuits, it is important to properly diagnose a concussion and maintain detailed information about continuing concussion symptoms. After all, not all concussions are the same and not every head injury manifests itself in the same manner.