Personal Injury Archive

Rough Sailing for Asbestos–Exposed Workers and even Residents at Portland Shipyard

May 12th, 2010. By janem

If you ever worked at the Portland Shipyard in Oregon or even lived closeby, you-and potentially family members– may have been exposed to high levels of asbestos and could be at risk for asbestos disease, including asbestosis and mesothelioma.

Close to 200 US shipyards are known for asbestos exposure, including Portland Shipyard, which was originally created in 1903 and known as the largest commercial and publicly run shipyard within the US.

Those who worked at the shipyards and face the greatest risk of asbestos exposure include plumbers and insulators who worked with boilers, steam pipes, hot water pipes, and incinerators; longshoremen and military personnel. And even residents near Portland Ship Repair, which is owned and operated by Cascade General.

Portland Harbor is designated a ‘Superfund’ site because the surrounding environment contains high levels of dangerous contaminants, mainly due to the Portland Shipyard Repair. A Superfund Site puts area residents at risk for disease and the loss of property value due to environmental damage. The harbor is also designated for significant cleanup and to offer protection to those individuals that may suffer from related disease such as asbestosis, and/or a large loss of value in their homes. Asbestos was found at significant levels in the area.

Although Cascade has taken steps to clean up its act and make sure no further pollution and hazardous materials are released into the area’s environment, they can’t repair the damage caused since the 1940s or even earlier. Shipyard workers before 1980 were heavily exposed to asbestos, particularly during World War II when thousands of ships were being built at lightening speed to support the war effort. Portland Shipyard opened in 1942, when they began to build Liberty ships. Portland ran its own facility until 1995, when Cascade General took it over.

According to a recent study by the Mt. Sinai School of Medicine, 86 percent of the shipyard workers tested with 20+ years of work experience had developed some kind of asbestos-related lung cancer or disease. Before the 1980s, workers rarely used protective gear and clothing when surrounded by asbestos and other dangerous toxins. Most people were unaware that asbestos was harmful because it was kept on the QT by manufacturers, corporations and insurance companies until the late 1970s.

If the war didn’t kill them, asbestos might.

 

 

Tags: Asbestos, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Personal Injury | No Comments »

Newsflash: Pets Bite. Is it Worth a Lawsuit?

May 11th, 2010. By AbiK

You be the judge.

Here’s the story. Karen Costa and her former fiance purchased a longhaired female tabby and the cat’s brother as part of a package-deal adoption from PetCo, in conjunction with KittyKind, in Manhattan. Great and that should be the end of the story.

But as the NY Daily News and a host of other media outlets report, the cat—the brother—apparently wasn’t too friendly. He hid under the bed for weeks. And when he did finally emerge, he bit Costa’s right middle finger. Pretty badly.

She was hospitalized for three nights and needed surgery.

She’s now filed a lawsuit against PetCo and KittyKind. For negligence. For mislabeling the cats. As domestic—when she claims the one at least was “feral” and should never have been available for adoption.

I feel badly for Costa. She got hurt—and it required more than a band-aid. She also thought she was providing a home to two otherwise homeless cats—cats that would become part of her family, or at least an integral part of the fabric of her daily life.

But two things struck me about this lawsuit.

First, regardless of where you buy a pet or how domesticated it is, it is still…a pet. It’s an animal. And while many animals do just fine as they coexist with humans in human homes, there still is always a chance that they may nip, bite or become aggressive. It’s kind of a buyer beware thing.

The other thing that struck me about this one is that the purchase involved KittyKind. I’m all for taking in abandoned or neglected pets. It’s a very selfless thing to do. But when you do, there’s an inherent understanding that you may not have all the info about the pet that you’d otherwise get if you were to purchase the pet from a breeder. And even then there’s no guarantee.

I speak from experience—I’ve had pets from both breeders and from, gee whiz, PetCo. In fact, I was just bitten last week by a hamster I had purchased from PetCo—enough so that it required a doctor’s visit. The little sucker got me good. But I’ve had hamsters for years. And I know they can bite. I also know cats can scratch and bite. And I know dogs can jump up and bite. I’ve filed police reports when someone else’s dog bit me. But I’ve never filed a lawsuit.

Like I said, I feel badly for Costa. She was put out of commission for a while and claims she lost an account at work—a marketing contract with a major beverage distributor. But I’m not completely convinced that the onus here falls entirely on PetCo and KittyKind. We’ll have to see where this one goes…

Tags: Cat bite, Karen Costa, KittyKind, PetCo
Posted in Personal Injury | 4 Comments »

Today is D-day for Lead Paint Rule

April 22nd, 2010. By AbiK

Most of us don’t really think much about lead paint. Or lead anything for that matter. It only becomes an issue when there’s some report of lead appearing in a toy or someone’s about to buy (or renovate) an old house.

But lead was in the spotlight today, April 22nd, 2010. That’s because today was D-day for contractors who might find themselves working in homes, buildings, offices or schools that were built prior to 1978. Why 1978? Because that’s when the ban on lead paint went into effect—so anything built prior to ’78 may have used lead paint in its construction.

The EPA’s lead paint rule now requires contractors to take extra precautions—quite a few of them—when working in older homes and buildings to avoid unnecessary exposure to lead paint dust and particles. If you’re thinking, ok, so they’ll have to wear a dust mask, then you’re in for a bit of a surprise when you hear what this rule actually requires.

Contractors, as of today, have to be certified as “lead-safe” by the EPA—and at least one person on each job site must complete an eight-hour training course. They will have to wear special gear

 that includes air filters, goggles and hoods. The areas where they’re working will need to be protected with heavy plastic and sealed. And work sites have to be cleaned thoroughly with special vacuums. Warning signs need to be posted as well to alert others that they are in the midst of a lead-paint hazard area.

This new federal rule has, needless to say, sent some shockwaves through the construction industry— Read the rest of this entry »

Tags: EPA, Lead Paint
Posted in Environment, Personal Injury | No Comments »

Why your Kid needs a Bike Helmet: Brain Injuries by-the-numbers

March 24th, 2010. By AbiK

Brain Injury Reality Check #1: 1.4 million people get a blow or jolt to the head—or a penetrating head injury—that disrupts the function of the brain each year.

And that’s only the count of those who actually go and receive medical care for a traumatic brain injury (TBI).

So it’s that time of year when the bikes, scooters and skateboards come out of hiding and hit the asphalt, concrete and, in many places, the potholes that come along with it. And it’s all too easy as a parent to be filled with sheer bliss as you watch the kids get out of the house and out of your hair only to realize that you didn’t dig the bike helmets out from the garage or shed…so off go the kids sans protective gear—too impatient to care about safety.

Brain Injury Reality Check #2: Of those 1.4 million traumatic brain injuries (TBI) for which the victims seek medical attention, 50,000 die.

Brain Injury Reality Check #3: Of those 1.4 million traumatic brain injuries for which the victims seek medical attention, 235,000 are hospitalized.

It doesn’t seem like such a big deal at the time—to let your kid go without his helmet just this one time. You feel a twinge of guilt, but heck, WE all rode our bikes without helmets when we were little, right? And we’re fine, right?

Brain Injury Reality Check #4: The leading cause of TBI is falls—falls account for 28% of all traumatic brain injuries.

And the two age groups at highest risk for TBI? Infants or toddlers ages 0 to 4 (think about the Read the rest of this entry »

Tags: Brain Injury, TBI
Posted in Accidents, Emerging Issues, Personal Injury | No Comments »

Watch Your P’s and Q’s on Facebook and Twitter

March 16th, 2010. By janem

If you have a potential personal injury suit, the first thing a lawyer will tell you is to “Keep your mouth shut”. They should also add -and many already do– “Stay off Facebook, Twitter, and any other social networking sites, including your own blog.”

Not only are more people than ever turning to Internet sources for news, a recent study from the Pew Internet and American Life Project show that, of people who do get their news online, 75 percent of them have links sent via email or social media. And that percentage includes private investigators, insurers, defense lawyers and judges.

Insurance companies see social media as a monitor or search for information about claimants. They are looking for information a claimant has posted regarding an accident, such as how it happened, who caused it, or even the claimant saying it was their fault.

They also look for information which might contradict what the injured person says about their injury.

Here are a few examples:

• In Ontario a woman who claimed she was disabled had Facebook photos of her dancing. The judge allowed the photos to be admitted as evidence in her personal injury case.

• A Florida woman claimed a back injury and couldn’t work. She went on a cruise with friends and they videotaped her whooping it up, including a videotape of her doing the limbo. The insurance company had been on her Facebook site, downloaded the video and was ready to show it to the jury. The case didn’t turn out to her liking.

• A Supreme Court judge ordered the production of records showing how often a plaintiff claiming a brain injury uses Facebook.

• In a Twitter libel case, you would need to choose 140 characters-at the most–very, very carefully. The promoters of “the Cookie Diet” allegedly claimed that celebutant Kim Kardashian is a fan But Kardashian disdainfully tweeted she would never be on such an “unhealthy diet.” The Cookies filed a defamation case against Kardashian.

And insurance companies look for general information to profile what kind of a person you are. So if you have photos posted on FaceBook or MySpace in a bar or doing something arguably illegal, judgment evidence will be made against you–more negative fodder that a jury might frown on. Value judgments will be made about you–and even a lawyer you hire might decide not to take your case.

It has long been established that electronic documents can be relevant. In one Ontario case, a judge scolded the insurer’s lawyer for failing to ask the plaintiff to produce her Facebook page as part of a sworn affidavit, or to bring up Facebook in cross-examination.  In another case, a judge ordered up the release of Facebook. So now some lawyers are demanding Facebook photos in every suit.

Typically, courts in civil cases can only demand private Facebook pages, or a twitter here and there if the material is directly related to the case. But just to be on the safe side, take Everything Down! Especially photographs and videos. The e-trail doesn’t stop there so be diligent: it’s also important that all your online friends purge you from their accounts. If a photo is tagged by someone else, it is still accessible by searching.  And strengthen your privacy settings. It’s BIG BROTHER on the Social Media Highway!

Tags: Facebook, personal injury litigation, Twitter
Posted in Personal Injury | No Comments »