If you are over the age of 65 a dangerous fall could be in your future according to federal health regulators.

None of us likes to think we’re getting older but the Centers for Disease Control and Prevention (CDC)  finds that among Americans age 65 and older, one in three will experience a fall every year with results than can range from minor to fatal. Even a minor fall can lead to head trauma that is not initially recognized.

According to the CDC there were 2.3 million Americans who experienced falls in 2010 and were treated in emergency rooms. Among those more than 662,000 were hospitalized with injuries that included hip fractures, lacerations and head trauma.  Hitting your head can easily cause anything from traumatic brain injury (TBI) to a concussion and can be experienced by people of all ages, but falls are the most common cause according to the CDC.

Falls are the cause of hip fractures about 95% of the time says the federal agency.

Falls are preventable if some precautions are taken.

• Americans of all ages commonly trip from pets, loose rugs or objects on the floors or furniture that is in the way. The CDC recommends your walking space be adequate and the floors have a lot of traction.
• A grip bar in the bathroom is recommended especially around the tub, shower and next to the toilet.
• Keep areas well lit.
• Have eyes examined and update glasses prescriptions as needed.
• The CDC suggests regular exercise will increase leg strength making a fall less likely and recovery easier.
• Any dizzy spells should be taken seriously. A consult with a physician can help determine if a medical condition is causing dizziness or a medication may be the cause.

The CDC campaign called, “Heads Up to Brain Injury” was created to recognize March as Brain Injury Awareness Month.

TBI causes at least 1.7 million injuries every year and can be described as a head injury that alters the normal functioning of the brain. Even a mild bump can cause TBI. The majority of TBI are concussions.

The CDC reports there are about 3.5 million Americans with TBI which has proven fatal to 53,000.

Wearing a seat belt, avoiding drunk and distracted driving and wearing a helmet are some suggested ways to protect your head from blows.

I, and the other attorneys in my firm, represent people who experience tragedies in their lives. Sometimes clients do receive justice.

Sometimes the defendants make honest mistakes, other times their neglect is particularly egregious.

The case I recently tried, with Greg Barnhart and Matt Schwencke in my firm, was flagrant because the nature of the negligence was so preventable. The case was particularly tragic because of the emotional devastation suffered by the parents of a child struck down before his life even began.

How many times have you tried to pull out of a parking lot into traffic, only to have your vision of the roadway partially or totally blocked by a bush, a sign or some other obstruction? How many times as you pull across the sidewalk do you think to yourself, “Why the property owner couldn’t cut their bushes?”

My last case involved a death trap designed by the people who were supposed to make sure the trap did not exist: the land owner and their property management company.

The trap resulted in the death of 9 year old Andrew Curtis, struck and killed by a motorist who could not see him on his bike while exiting at Jupiter’s Villas on the Green Condominium complex. The trap resulted in the emotional destruction of the lives of Andrew’s parents, Tracy Curtis and Andre Kovacs.

This tragic crash occurred one afternoon while Andrew and his father Andre were riding their bikes and approaching the drive way to the condominium complex. Andre and Andrew could not see the car coming out of the exit way and the driver could not see them as a result of the unmaintained bushes and poor placement of a stop sign. The driver pulled through the exit and ran right over the top of Andrew’s head.

I am not a mother and when I handle cases involving the death of children, I always try to gain a firm appreciation for parents suffering the sudden and unexpected death of their children.  The emotional loss for parents who is devastating especially when the death is sudden, unexpected and preventable.

They will never see Andrew his first homerun, surf his first tough wave or see the joy of his first soccer goal. They will not see their child go to the prom, attend college, fall in love for the first time, get married or have grandchildren run through their home.

No amount of money will ever make it better. In our society, though, the rendering of a full verdict is the only way a parent who has suffered losing their beloved son can legally obtain some amount of justice, some amount of closure.

We were in trial on the case for several weeks. We made multiple efforts to reasonably resolve the case with the defendants in an effort to keep our clients from having to relive losing their son over again, the defendants were not interested.

After requiring my clients to relive losing their son and the circumstances of that loss, the jury found that the condominium’s property management company 60% at fault and the condominium association 30% at fault and awarded a $12 million verdict. Sadly, the defendants even tried to place blame on Andrew’s father Andre, claiming that he should have been able to keep Andrew from being struck by the car.

Clearly our trial team had illustrated my clients’ devastation to the jury in a way they would ask to give my clients what they really needed: someone who said they understood and were sorry for their loss.

After the verdict was read, the foreperson said, “Judge, we just have one request, can we hug the parents?” It was the most moving moment in my 18 year professional career.

If you are a dog lover and owner, as I am, you know many times dogs and breeds get a bad rap when a dog bite story hits the news wire. We tend to generalize about breeds and sizes of dogs that are particularly, we think, dangerous. While this may be unfair in general, the truth is over 4.7 million get bitten by dogs annually and over half of those victims are children. So, the problem is both a real one and one of legitimate concern.

The American Veterinary Medical Association American Veterinary Medical Association (AVMA), the Postal Service, the American Academy of Pediatrics American Academy of Pediatrics, the American Society of Reconstructive Microsurgery, the Insurance Information Institute and Prevent the Bite are driving home the message that dog bites are a nationwide issue and that education can help prevent dog bites to people of all ages. The key to prevention starts with responsible pet ownership and ends with how we interact with dogs in our environments.

In my career I handled hundreds of dog bite claims and almost all of them were avoidable if proper training and prevention methods had been practiced. I have witnessed firsthand the horrific pain and suffering and disfigurement these incidents have on people, particularly innocent children. Many times the psychological damage is a worse burden to bear than the physical injuries and it is sometimes never overcome. It is a tragedy that some victims must live their lives in constant fear of every dog and of every encounter.

I think it is great that a week is dedicated to this issue across the country. Here are some excellent tips on dog bite prevention and responsible pet ownership supplied by the AVMA:

How to Avoid Being Bitten

• Never leave a baby or small child alone with a dog.
• Don’t run past a dog. The dog’s natural instinct is to chase and catch you.
• If a dog threatens you, do not scream and do not run. Avoid eye contact. Try to remain motionless until the dog leaves, then back away slowly until the dog is out of sight.
• Don’t approach a strange dog, especially one that’s tethered or confined.
• Don’t bother a dog that is sleeping, eating or caring for puppies.
• People choosing to pet dogs should obtain permission from the owner first and always let dogs see and sniff you before petting the animal. Also, curl your fingers into your palm and reach out to the dog with your palm down, fingers curled so that your hand looks more like a paw than a weapon.
• If you believe a dog is about to attack you, try to place something between yourself and the dog, such as a backpack or a bicycle.
• If you are knocked down by a dog, curl into a ball and protect your face with your hands.

How to be a Responsible Dog Owner

• Obedience training can teach dogs proper behavior and help owners control their dogs.
• When letter carriers and others who are not familiar with your dog come to your home, keep your dog inside, away from the door in another room.
• Dogs can be protective of their territory and may interpret the actions of others as a threat.
• Spay or neuter your dog. Neutered dogs are less likely to roam and to bite.
• Dogs are pack animals and communal by nature. Those that receive little attention or handling, or are left tied up for long periods of time, frequently turn into biters.

As a pet lover I know what a tremendous wonderful addition these loving animals have been to my family. We owe it to them, and all of society, to get the message out and pay attention. We can eliminate millions of dog bites and avoid the preventable ensuing tragedies and associated millions in medical costs in emergency rooms across the country.

Prevention is the key because by the time the many folks here in Florida come to see our firm for help sadly the damage is already done, and we are left picking up the pieces of another senseless tragedy.

With the hottest days of summer upon us, pools and beaches are more crowded than ever.  However, it is important to make sure children are properly supervised while splashing, floating and swimming.

Sadly, each year more than 800 children drown in swimming pools.  The risk of drowning increases during the summer months when children are more likely to be near the water.

Drowning is completely preventable and Safekids.org has listed 5 truths about children who drown and what can be done to keep children safe around the water this summer.

Truth 1: Weak or No Supervision

Children can drown even if there is an adult present.  Adults sometimes become distracted by talking on the phone, talking to other adults, or reading.  Be sure to actively supervise your children around water and have an an undistracted adult on watch at all times while children are in the water. Always keep a phone nearby in case there is an emergency.

Truth 2: No Barrier

Children can fall into pools that are enclosed by a pool fence.  If you own a pool, make sure it has four-sided fencing and a self-closing, self-latching gate.  Hot tubs should also be locked when not in use.

Truth 3: Weak or No CPR Skills

CPR is critical in preventing death or brain damage after a child is rescued from the water.  It is important for parents and those working with children to get certified.

Truth 4: Weak or No Swimming Ability

Children from non-swimming households are at a much higher risk of drowning than children from swimming households.  Enroll your child in swim classes at as early an age as possible. Swimming classes are available for infants and teaching at this early an age is recommended. If you are a parent and unable to swim, take a parent-child learn-to-swim class.

Truth 5: Lack of Life Jacket Use

More than 700 people drown in boating accidents each year.  Of those who drown, nine out of ten are not wearing a life vest.  It is important to ensure that your child is wearing a life jacket at all times if you are boating.

Visit the Safe Kids website for more detailed information on pool and water safety.

Remember the days when you drove your car into a “service station” and you simply expected that, in addition to gas, you would receive, well, service?

When I was a boy, I would often go to the gas station with my Dad. Back then, it was not just about gasoline. The gas would be pumped for him; his windows would be washed; and all the necessaries under the hood would be carefully examined for problems; he might even get some service work done. My Dad knew the gas station attendant by name and would “shoot the breeze” with him about everything from baseball to politics. Ah, the good ole days: when men were men and service station attendants were professionals.

Well as they say, yes, times they have changed.

Now, when you go to get gasoline there are no professionals. No one meets you at the pump and you, the consumer, have become the gas station attendant in some respects. Now, the “station attendant” is likely the poor guy or gal putting up the signs for the 29 cent hot dog, while keeping the slushy and coffee machines filled to the brim! They are the people selling lottery tickets and paying off the winners. Station attendants now are more a combination grocer, coffee shop person and numbers runner than they are anyone the least bit skilled in the very sensitive trade of dealing with flammable and explosive liquids.

I guess when it comes to one of the most dangerous flammable and combustible liquid/gas mixture in our society Big Oil and Big Business want to add a degree of difficulty to keep it exciting. Thanks, but no thanks….

Seriously, I cannot tell you how many times I have heard about or actually witnessed gasoline overflowing out the gas tank of an unattended car or on to an unsuspecting consumer.

Most often, the emergency of over flowing flammable liquids is the result of broken automatic cut off valve. This is both a serious occurrence and one that requires some amount of professional knowledge. Sadly, we can not, in all fairness, expect the grocer, coffee person, numbers runner to really have the expertise to properly identify the malfunction as a serious occurrence and have the specialized knowledge to know how to fix it. Certainly, shutting down a malfunctioning pump is not a call that a clerk in a gas station is going to want to make.

Here in Florida we have the Department of Agriculture and Consumer Services to inspect the gas pumps, pursuant to Florida Statute Chapter 531 – Weights and Measures. Their primary job, however, is to make sure that the amount pumped out is the proper amount received and charged.

However, I must wonder; between that division and the local fire departments is there really effective oversight on the safety aspects of these modern convenience store-gas station combos.

I think it is fair to say that the incidence of reporting of overflows, spills, and injuries is loosely regulated at best. Frankly, based on my research it is pretty much a self monitoring reporting system for the wrongdoer.

Yeah, I know, not likely to be all that effective. For additional legislative comfort, we have Florida Statute 526.141; which sets forth that the attendant at a self service station is to be “primarily” monitoring the pumps.

Do we really believe that is actually happening? What is happening is that in between the grocery sales, cigarette sales, numbers running and coffee peddling, the issue of flammable liquids and their inherent danger may be getting some fleeting thoughts. It appears the “attendants” or more like cashiers and stock persons; woefully undertrained, understaffed, and overworked. I have no doubt they are underpaid considering the seriousness of that for which they are “alleged” to be responsible.

Sorry, call me cynical but I have seen firsthand the fires and injuries.

Ok, so what to do?

Well you can look for the stains on the ground of old fuel spills, but that doesn’t really tell you how old or new they are.

Next, even though the store may be luring you in with signs of 2 for 1 burritos, don’t bite; at least until after you finished pumping the gas. Leaving the car unattended can make a bad situation worse.

Finally, if you notice an overflow problem, report it! Report it to the store and get the name of the person and a copy of the report but also notify the Department of Agriculture and Consumer Services and the local Fire Dept. The links contained in this article and will help you see prior complaints but will also let you file a complaint “for the record”.

This extra effort will help keep people safe, save people money, and help the environment. Not a bad return on a modest effort. I am in favor of business, progress and technology, but not when it comes at the unnecessary expense of tragic injuries, loss of life and the safety of our families.

The laws labelling dogs “dangerous” have been tightened in Palm Beach County and across the nation. When a dog is declared dangerous it must be kept away from public places, on a walk it must be muzzled and on a leash and such canines cannot be left to roam freely in their yards.

No one really knows when they get a puppy or adopt a dog that it might have traits that could cause it to be labelled dangerous. This can happen to any breed of dog and is not limited to just the breeds classified as the “main offenders.”

Owning a dog is a responsibility that should not be taken lightly. All dogs should be socialized when young with both other animals and with humans. Take your dog to a basic obedience class to minimize the chances of it becoming a problem to other pets or humans. Any dog, under the right circumstances, can be a destructive and dangerous force.

If you are the victim of a dog bite, report the incident to your local authorities. Although the attack may have been an isolated occurrence that will not happen again, it may also be an alert to a dangerous problem. If by chance you are the victim of a dangerous dog attack there are also civil remedies that can be sought to compensate for your injuries.

Is the phrase, a government “of the people, by the people, for the people” in the constitution? Popular belief is yes, but it is not actually in the constitution. Rather, this phrase comes from President Abraham Lincoln’s Gettysburg address. It is probably a concept that should have been incorporated into the constitution and certainly Lincoln included it to remind citizens that it is their country. I think politicians, and even some of us, forget that it is OUR government and the politicians are OUR employees; they are supposed to be working in OUR best interests.

Business interests are fond of complaining about the jury system and regularly claim that it is “broken”, it needs to be “fixed”. Perhaps the best word is, in fact, “fixed”; they would like to fix the civil justice system so that it can be better influenced in their direction. Should we hold it against them because they work to achieve an unfair playing field? We should not hate Big Corporations for this, but should we allow them to achieve it? Absolutely not!

I think the jury system our founding fathers borrowed from English common law works just fine in protecting the rights of individual citizens. Frankly, I want six of my fellow citizens sitting and listening to evidence in my case. I want six regular people considering what makes sense and what does not make sense. I do not want a special panel appointed to hear my case, as has been promoted by many business “political parrots”. I do not want the government inserting itself into the civil justice system anymore than they already do. I trust an impartial panel of my fellow citizens to fairly weigh the evidence and reach a decision that makes sense.

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