Jacksonville cracks down on serving alcohol to minors

On December 9, 2008, In Automobile Accidents, By admin

Last weekend, Department of Business and Professional Regulation’s Division of Alcoholic Beverages and Tobacco agents patrolled the area at the FSU/UF game to keep alcohol out of the hands of the underage.ABT agents arrested a total of 22 people for possession of alcoholic beverages by underage persons during the pre-game festivities.

While the end of the season game has become known for the underage drinking, alcohol related auto accidents continue to climb. This has lead to random checks of more than dozen establishments in the Jacksonville area to see if they will sell alcohol to minors.

Liquor stores generally do not face the same kind of liability as a Bar for injury, property damage or death related to a teenage drunk driver. Florida’s Dram Shop Law does allow the victims of drink driving accidents to sue bars, hotels or restaurants that sell alcohol to underage teens who are injured or injure others as a result, if the bar either didn’t ask for an ID or ignored an obviously fake ID. And parents who provide alcohol in their homes to minors can be facing a violation of social host liability laws that includes liability for death, injuries, and property damage that may result when a young person is intoxicated.

 For a graphic explanation to show your children posted on youtube watch Brain Drain- Drinking kills http://www.youtube.com/watch?v=4ezYSxTqM2o&feature=related

Florida’s law on these issues can be complex and confusing. If you have been injured by an underage intoxicated driver, you will need to consult with an experienced Florida accident attorney who can help you.

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Jacksonville Tops List for Fatal Teen Auto Accidents

On December 4, 2008, In Automobile Accidents, By admin

Parents, talk to your teens about safe driving. I know you’ve already had those conversations, but do it again. As the holidays approach, so does the liklihood that your teen could be involved in a car accident.The Jacksonville Times Union and the Associated Press are reporting that the roads in three Florida metro areas — including Jacksonville — are tops nationwide for fatal car crashes involving teens around the holidays.The Tampa Bay area, Jacksonville and Orlando rank first, second and third in the study by Allstate Insurance Co.

One reason may be that all three of these cities are spread out geographically, meaning that teens do more driving. There is also always an increase in drunk drivng because of the holidays.Allstate’s study reported 29 total fatal crashes in Jacksonville during the past eight holiday seasons. The Tampa and Orlando areas had 59 and 39, respectively, for the same time period.

There have been about 5,000 teen-related traffic accidents nationwide during the last eight holiday seasons, according to the study.It goes without saying that it is better to revent a teenage driving accident that having to hire an experienced personal injury lawyer.

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Proposed rules for Motorcycle Helmet Makers could Limit Liability

On December 2, 2008, In Product Safety, By admin

In a report on motorcycle helmet effectiveness, NHTSA acknowledged that technological changes over the years have led to improvements in helmet design and materials that have saved thousands of lives in motorcycle accidents.

Yet, the National Highway Traffic Safety Administration’s (NHTSA) proposed rule on motorcycle helmets gives corporations a “get out of jail free” pass, according to comments submitted to the agency today by the American Association for Justice (AAJ).

While NHTSA’s proposed rule significantly increases the safety requirements of motorcycle helmets, it also  includes language that could keep consumers from holding manufacturers accountable for helmets that meet NHTSA’s minimum safety standard.

 “Clearly technology made a difference in thousands of motorcycle riders’ lives, however, if NHTSA’s proposed rule continues with the preemption language, manufacturers of helmets have little incentive to continue to make helmets safer for consumers,” says AAJ President Les Weisbrod. “The civil justice system provides an added incentive that NHTSA’s helmet proposal erodes.”      

The motorcycle helmet rule is just one of 21 proposed rules from the Bush administration that AAJ is monitoring that include preemption language.  For a list of the rules AAJ is watching to be made final in the last weeks of the Bush administration, see http://www.justice.org/Regulatory_rules_not_finalized.pdf .
View a copy of the comments AAJ submitted on motorcycle helmets here.

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Is it the Doctor or the Heart Pump Leading to Deaths?

On December 1, 2008, In Product Safety, By admin

  “Half the people given mechanical heart pumps designed to avoid transplant surgery died within a year, according to a study suggesting the device’s popularity has grown faster than doctors’ skill.”Bloomberg News Among 1,500 patients given a heart pump instead of a heart transplant, 48 percent survived died within the first year. Whether these deaths were caused by the negligence of the medical staff or the device itself, is the question.

At hospitals installing at least five pumps a year, the risk of death dropped 31 percent, researchers said.     

“The devices have great promise but are being used too often in the wrong patients and at the wrong hospitals — in people who are too sick to benefit, and at hospitals that do not treat enough patients to gain the expertise needed for their complex care — the researchers say.” according to the  New York Times.

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