Tallahassee Personal Injury Lawyer - Miscellaneous

Dog Bite Prevention

Margaret Embry — Tue, 26 May 2009 11:48:42 GMT

The recent National Dog Bite Prevention Week created awareness of how big the problem of dog bites is in the United States, as well as provided education on how to prevent dog bites. According to the Centers for Disease Control and Prevention (CDC), about 4.5 million Americans are the victims of dog bites annually. Of these victims, about one in five require medical attention due to their injuries (totaling 885,000). Over 31,000 people underwent reconstructive surgery as a result of being bitten by dogs in 2006. People most at risk for being bitten by a dog include children, adult males, and people with dogs in their homes.

There are ways to make dog bites less likely for adults and children. If a household is considering bringing a dog into their home they should first consult with a professional to find out what breed best fits the household, never choose a dog that has a history of aggressive behavior if there are children in the home, pay attention to fearful cues children are showing when around dogs (if any), spend time with the dog before adopting it, and use caution when bringing a dog into a home with infants or toddlers.

Once a dog is brought into a home, spay or neuter the dog, never leave the dog alone with infants or toddlers, avoid playing aggressive games with the dog, properly socialize and train the dog, and contact a professional if the dog develops aggressive behavior.

To help prevent a child from being bitten, teach and follow the safety tips outlined by the CDC:

Do not approach an unfamiliar dog.

Do not run from a dog or scream.

Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.

If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").

Do not play with a dog unless supervised by an adult.

Immediately report stray dogs or dogs displaying unusual behavior to an adult.

Avoid direct eye contact with a dog.

Do not disturb a dog that is sleeping, eating, or caring for puppies.

Do not pet a dog without allowing it to see and sniff you first.

If bitten, immediately report the bite to an adult.

Originally posted at InjuryBoard by Margaret Embry

U.S. Coast Guard Boating Safety Tips and Statistics

Margaret Embry — Thu, 14 May 2009 16:42:33 GMT

With summer fast approaching, the number of boaters on the water is sure to increase. To avoid serious injury while boating, it is important to understand the safety guidelines put in place by the United States Coast Guard to ensure a safe and fun boating trip.

According to the U.S. Coast Guard, boaters' reponsibilities to ensure boating safety include the following.

Make sure the boat is in top operating condition and that there are no tripping hazards. The boat should be free of fire hazards and have clean bilges

Safety equipment, required by law, is on board, maintained in good condition, and you know how to properly use these devices.

File a float plan with a relative or friend.

Have a complete knowledge of the operation and handling characteristics of your boat.

Know your position and know where you are going.

Maintain a safe speed at all times to avoid collision.

Keep an eye out for changing weather conditions, and act accordingly.

Know and practice the Rules of the Road (Navigation Rules).

Know and obey Federal and state regulations and waterway markers.

Maintain a clear, unobstructed view forward at all times. "Scan" the water back and forth; avoid "tunnel" vision. Most boating collisions are caused by inattention.

Using data from the U.S. Coast Guard, the top five primary accident types in 2007 are shown in the table below, along with rank, number of accidents, deaths, and injuries.

TOP FIVE PRIMARY ACCIDENT TYPES in 2007
Accident Rank	Accident Type	Accidents	Deaths	Injuries
1	Collision with Vessel	1,329	66	953
2	Collision w/ Fixed Object	558	35	389
3	Skier Mishap	492	11	502
4	Falls Overboard	485	208	312
5	Capsizing	398	204	284

Originally posted at InjuryBoard by Margaret Embry

Source of Nationwide Salmonella Outbreak Still Unknown

Brian W. Smith — Thu, 08 Jan 2009 09:48:01 GMT

An outbreak of salmonella food poisoning has made 388 people sick across 42 states, sending 18 percent of them to the hospital, U.S. health officials said on Wednesday.

The U.S. Centers for Disease Control and Prevention is trying to trace the source of the outbreak, which began in September. The Department of Agriculture, state health officials and the Food and Drug Administration are also involved.

The CDC said poultry, cheese and eggs are the most common source of this particular strain, known as Salmonella typhimurium.

"It is often difficult to identify sources of foodborne outbreaks. People may not remember the foods they recently ate and may not be aware of all of the ingredients in food. That's what makes these types of investigations very difficult," said CDC spokesman David Daigle.

Daigle did not specify how many people were hospitalized, but the percentage he gave puts that figure at about 70.

"Because foods of animal origin may be contaminated with Salmonella, people should not eat raw or undercooked eggs, poultry, or meat. Persons also should not consume raw or unpasteurized milk or other dairy products. Produce should be thoroughly washed," he said.

Every year, approximately 40,000 people are reported ill with salmonella in the United States, the CDC says, but it said many more cases are never reported.

Persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, in some persons, the diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. The elderly, infants, and those with impaired immune systems are more likely to have a severe illness.

If you or a loved one have recently suffered symptoms of exposure to salmonella, please contact our office at (866) 735-1102 Ext 515 or visit our web site: http://www.injuryboard.com/firms/Florida/Tallahassee/Smith--Vanture-LLP/

Originally posted at InjuryBoard by Brian W. Smith

Florida Supreme Court: Parents Can't Waive Liability for Kids

Brian W. Smith — Thu, 11 Dec 2008 23:32:18 GMT

The Florida Supreme Court has ruled that parents cannot waive liability on behalf of their children by signing releases before the kids participate in motor sports and other hazardous activities. The 4-1 ruling Thursday, in the 2003 death of a 14-year-old boy who was riding an all-terrain vehicle at a commercial track, applies only to liability by businesses.

The ruling could have broad implications for businesses that offer such activities as go-cart and motocross racing, bungee jumping, horseback riding, parasailing and scuba diving.

"Florida's children and parents need not worry, after today's decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission,'' Justice Harry Lee Anstead wrote in a concurring opinion.

The decision cleared the way for a lawsuit against the owners and manager of Thunder Cross Motor Sports Park in Okeechobee County, where Christopher Jones died after attempting a jump. He lost control and was ejected from the vehicle. It then landed on top of him. He got up and began walking way, but then collapsed and died.

The ruling appears to be limited to commercial activities, but Justice Peggy Quince commented in a footnote, that the main opinion "should not be read as limiting our reasoning only to ... commercial activity.'' Justice Quince also commented on the duty owed by business owners in such situations:

"Therefore, when a parent decides to execute a pre-injury release on behalf of a minor child, the parent is not protecting the welfare of the child, but is instead protecting the interests of the activity provider,'' Quince wrote. ``Business owners owe their patrons a duty of reasonable care.''

For more information about any type of accident claim, you can call our office at 866-735-1102 ext. 515 or visit our firm's website. We will be glad to answer any questions that you might have.

Originally posted at InjuryBoard by Brian W. Smith

U.S. Supreme Court Justices to Meet to Discuss Obama Eligibility

Brian W. Smith — Sun, 30 Nov 2008 21:35:24 GMT

According to the docket sheet of the United States Supreme Court, all 9 justices of the Court are scheduled to have a full conference on Friday, December 5, 2008, to discuss one of the two cases currently pending in the Supreme Court that question Barack Hussein Obama's eligibility to serve as the President of the United States.

The case, Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, US Supreme Court Docket No. 08A407 raises the issue of whether Obama is eligible, as a natural born Citizen, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.

If four of the nine Justices vote to hear the case in full review, oral argument may be ordered. The December 5th conference comes just ten days before the meeting of the Electoral College.

Originally posted at InjuryBoard by Brian W. Smith

Alan Keyes Seeks to Block Electoral Vote for Barack Obama

Brian W. Smith — Tue, 18 Nov 2008 16:02:42 GMT

DISCLAIMER: The author is a registered Independent and does not have an opinion as to the truth and/or veracity of the allegations of the lawsuit referenced in this blog or the information contained at the web sites cited.

According to a press release from the American Independent Party, former presidential candidate Alan Keyes and other members of the party have filed suit in California Superior Court in Sacramento to stop the state from giving its electoral votes to President-elect Barack Obama until documentary evidence is provided to prove Obama is indeed a natural born citizen of the United States.

When he was asked why his suit was being filed, Ambassador Keyes commented:

"I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new President can take office under no shadow of doubt. This will be good for him and for the nation."

Mr Keye's lawsuit is not the first to be filed, challenging Senator Obama's eligibility to hold the office of the President. A Petition for Writ of Certiorari is currently pending in the United States Supreme Court and a hearing is apparently being held today in Hawaii, on a petition which seeks to have Barack Obama's original 1961 birth certificate made public.

See affliated blogs on this subject at this link, this link and this link.

Originally posted at InjuryBoard by Brian W. Smith

U.S. Supreme Court Asked to Delay Presidential Election

Brian W. Smith — Fri, 31 Oct 2008 00:33:47 GMT

According to a press release from attorney Philip J. Berg, he filed a request with the United States Supreme Court on Thursday afternoon, for an injunction staying the presidential election until the Supreme Court determines whether Barack Hussein Obama is eligible to be President of the United States.

According to Mr Berg, he has filed two documents:

Application for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
Petition for Writ of Certiorari.

Berg stated, “I am hopeful that the U.S. Supreme Court will grant the Injunction pending a review of this case to avoid a Constitutional Crisis by insisting that Obama produce certified documentation that he is or is not a “natural born” citizen and if he cannot produce documentation, that Obama be removed from the ballot for President".

Berg’s original lawsuit, Berg vs. Obama, was dismissed by the United States District Court for the Eastern District of Pennsylvania last Friday, for lack of standing. Berg questions the logic of the District Court's decision:

"This is a question of who has standing to uphold our Constitution. If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?"

Mr. Berg has stated that if Barack Hussein Obama will produce a certified "vault" birth certificate, a copy of his Certificate of Citizenship and a copy of his Oath of Allegiance to the United States, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to comply with Mr. Berg's request.

With the presidential election a mere five days away, the Supreme Court will need to act quickly. It is unknown whether Berg asked for an emergency hearing.

Originally posted at InjuryBoard by Brian W. Smith

Judge: Citizen Has No Right to Question Eligibility of Presidential Candidate

Brian W. Smith — Wed, 29 Oct 2008 14:58:35 GMT

Last Friday, a Federal District judge in Pennsylvania dismissed a lawsuit that questioned Barack Hussein Obama's eligibility to be President of the United States. Philip J. Berg, a Philadelphia lawyer had filed suit against Barack Hussein Obama, challenging Senator Obama’s lack of “qualifications” to serve as President of the United States. In his lawsuit, Mr. Berg alleged that Defendant Barack Hussein Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized she and Obama in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old, to regain his U.S. citizenship status. The lawsuit raises not only the Indonesian citizenship issue but also questions whether Obama was actually born in Kenya and not Hawaii.

The District Court's opinion raises an interesting legal question: Does a citizen have a right to challenge the eligibility of a candidate for President of the United States? Judge R. Barclay Surrick ruled that Mr Berg did not have "standing" (or the right to bring the suit) because he had not suffered an "injury in fact" and that the potential harm caused to Mr. Berg is generalized and abstract. Mr Berg questions the logic of the decision:

If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?.....What happened to ‘...Government of the people, by the people, for the people?"

Berg's lawsuit is not the only one filed, challenging Obama's eligibility. There are apparently as many as 8 lawsuits currently pending. According to one source, Senator Obama's wife does not believe that the courts will disqualify him. She is quoted as follows:

"My husband and I know that there is no law that will stop him from becoming the president, just because some American white racists are bringing up the issue of my husband’s adoption by His step father."

Mr Berg has vowed to appeal the issue to the United States Supreme Court, but with less than a week left before the election, time is running out for a pre-election decision.

Originally posted at InjuryBoard by Brian W. Smith

Obama Citizenship Lawsuit Headed to U.S. Supreme Court?

Brian W. Smith — Sat, 25 Oct 2008 23:48:35 GMT

Philip J. Berg, the lawyer who filed suit against Barack Hussein Obama, challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court.

Yesterday, Judge R. Barclay Surrick dismissed the suit brought by Berg, ruling that Berg did not have standing to bring the suit. In his lawsuit, the Plaintiff, Berg, a Philadelphia attorney, alleged that Defendant Barack Hussein Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old, to regain his U.S. citizenship status. The lawsuit raises not only the Indonesian citizenship issue but also questions whether Obama was a citizen of Kenya.

Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court. This is a question of who has standing to uphold our Constitution. If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?.....What happened to ‘...Government of the people, by the people, for the people?"

Berg's lawsuit is not the only one filed, challenging Obama's eligibility. There are apparently as many as 8 lawsuits currently pending.

In Honolulu, Andy Martin, a longstanding critic of Mr. Obama, filed a lawsuit, asking the Hawaiian Department of Health to release Mr. Obama's birth certificate records.

In the state of Washington, Steven Marquis, a resident of Fall City, Wash., a town about 30 miles southeast of Seattle, has filed a lawsuit against Washington Secretary of State Sam Reed, demanding that Mr. Reed verify Mr. Obama's citizenship status. The complaint seeks specifically that the office of the Washington Secretary of State verify and certify that Mr. Obama is or is not a "natural born" citizen by producing original or certified verifiable official documents. The lawsuit argues that this certification should take place before the election to preclude a constitutional crisis.

The interesting question to be possibly answered by the U.S. Supreme Court is whether voters, whether Republican, Democratic or Independent, have a right, under the Constitution, to challenge the eligibility of a presidential candidate. Hopefully, if that question is to be addressed by the Supreme Court, it will be decided before the election on November 4.

Originally posted at InjuryBoard by Brian W. Smith

Internet Rumors Fueled by Obama Citizenship Lawsuits

Brian W. Smith — Fri, 24 Oct 2008 12:28:00 GMT

Despite rumors circulating on the internet, a decision has not been reached by the judge in the lawsuit pending against Barack Hussein Obama in Federal Court in Philadelphia.

Judge R. Barclay Surrick is pondering a number of motions from both sides, but has yet to rule.

Several web site and blog posts have claimed that the judge entered an order, ruling in favor of the Plaintiff and has ordered Obama to cease and desist campaigning for President. Others have claimed that Obama has admitted the allegations of the lawsuit by failing to respond to Request for Admissions filed by the Plaintiff. The confusion appears to be caused by the “proposed” orders that are typically attached to a motion, when filed by a party. When the Plaintiff in the Philadelphia case, Philip Berg, filed a motion asking the court to determine that Obama admitted the allegations of the lawsuit by not responding, he attached a proposed order. If that order is signed by the judge, it would have the result that is being spread through the internet. Until that point, no ruling has been made.

The Berg lawsuit alleges that Defendant Barack Hussein Obama is not eligible for the Office of the President, because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his U.S. citizenship status.

Other internet blogs and stories have circulated suggesting that Barack Hussein Obama's sudden trip to Hawaii is in response to the lawsuit filed on October 17 in Hawaii and not related to the health of his grandmother. Earlier this week, Obama announced that he was suddenly suspending his campaign to fly to Hawaii to visit his gravely ill grandmother. That announcement came shortly after Andy Martin, a longstanding critic of Mr. Obama, filed the lawsuit in Hawaii, asking the Hawaiian Department of Health to release Mr. Obama's birth certificate records to prove that he is a natural born citizen. Obama's campaign has denied the claim that the trip is related to the lawsuit.

The parties (and the country) continue to await decisions by the judge in the Berg case.

The parties (and the country) await decisions by the judges in these cases. See affliated blogs on this subject at this link, this link, this link and this link.

UPDATE: Brian Smith has been asked to appear on Roy King's radio show this afternoon (Saturday) at 4:30 Eastern, to discuss the Berg lawsuit and these blogs.

The show can be heard at this link: http://www.newstalk980.com/personality/roy-green

Originally posted at InjuryBoard by Brian W. Smith