According to a study conducted by USA Today and released on February 2, there are an alarming number of flights with mechanical and safety problems that are given clearance to take off when they should have remained on the tarmac. The newspaper’s six-month study found that millions of air travelers were on approximately 65,000 commercial carrier flights that should never have left the ground because the planes had not been properly maintained.

The Federal Aviation Administration, (FAA), the government entity which oversees airline safety compliance, has fined or has proposed fines against 25 commercial air carriers totaling over $28 million. The fines are related to maintenance violations, and occurred over the past 6 years. The most egregious offenses were by Southwest Airlines, which was fined $7.5 million last March. The airline operated 46 aircraft on almost 60,000 flights during 2006 and 2007 without having them undergo mandatory fuselage inspections intended to detect cracks in the body of the planes. The FAA determined that 6 of the planes did have cracks in the fuselage – and also that even though Southwest was aware they had not followed the required inspection routines, they continued to operate the same 46 aircraft for an additional 1,451 flights.

“As a licensed pilot, I can assure you that these are some scary and blatantly shocking issues that are being reported,” says Bruce L. Scheiner, founder and Senior Attorney at the personal injury law firm that bears his name. “And sadly, the FAA does not always document each incident in which a plane with a potential safety issue related to shoddy maintenance has taken off. The potential for a tragic crash is overwhelming.”

The newspaper’s report goes on to say that the cause of the majority of the improper maintenance procedures stems from the airlines’ contracting with outside service providers to take care of aircraft repair work. The sheer numbers of planes, some of which have been in service for a considerable amount of time, make it impossible for the carriers to undertake all of the maintenance and repair issues in-house. Many carriers utilize overseas shops and mechanics that may be less than adequately trained to handle the job, the report says. Although the FAA is charged with overseeing all maintenance and repairs to the country’s fleet of aircraft, the research has indicated that their efforts are far from adequate. The Department of Transportation's Inspector General, Calvin Scovel, has identified many serious maintenance deficiencies during the past nine years. In November, Scovel told a House subcommittee that it "may be months or even years" before FAA inspectors do an on-site review of a repair station after it's approved for use by an airline. “As a result of FAA's flawed approval and untimely inspection processes, maintenance problems either went undetected or reoccurred,” the inspector general said.

Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. has a team of licensed pilots and credentialed investigators to aid in the fact-finding related to injuries caused by an aircraft crash. With nearly 40 years of personal injury trial experience and a history of fighting for justice on behalf of its clients, the firm is prepared to aggressively represent your legal rights should you or someone you love fall victim to an accident caused by an improperly maintained aircraft. For more details about the results we have achieved for our clients, visit www.focusedonjustice.com, or call 1-800-Dial-BLS.

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The lifesaving bill requires ignition interlocks for all first time convicted drunk drivers—even though first time offenders are not really “first time”, as people typically drive drunk 87 times before being arrested. Ignition interlocks for all first time convicted drunk drivers are proven to reduce DUI repetitiveness, decrease drunk driving deaths and prevent injuries. Currently, 12 states have this lifesaving law in place.

Senator Stephen R. Wise, (R-Jacksonville) introduced SB 924, which would require that an ignition interlock device be used for a specified period after a first conviction of driving under the influence of alcohol. It requires a court to order a person who is convicted of driving under the influence not to operate a motor vehicle for a specified period unless that vehicle is equipped with a functioning ignition interlock device.

Attorney P.J. Scheiner, of the Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. firm, notes that they have a long history of supporting MADD and their efforts to rid the roads of drunk drivers, and urges everyone to ask their Senator to show their support of the proposed legislation by serving as a co-sponsor. “The facts don’t lie – in 2008, 875 people were killed in drunk driving crashes in Florida, and statewide there are 108,853 people with 3 or more DUI convictions, and 13,540 have five or more DUI convictions”.

To ask your Senator to become a co-sponsor of SB 924, click here. If you have been injured due to the negligence of a drunk driver, Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., will aggressively defend your legal rights, and fight for justice to ensure you receive the financial compensation you deserve. And, you pay nothing unless we win. For a free no-obligation consultation, call 1-800-Dial-BLS, or log onto www.focusedonjustice.com.

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In September 2009, Toyota announced the recall of 4.3 million vehicles it said were susceptible to an accelerator pedal that could become stuck. At the time, Toyota indicated the fault of the problem was related to the car’s floor mats. Subsequently, the manufacture released an announcement that the fix would involve “trimming” the pedal mechanism. However, a Toyota website now says “In rare instances, there is a possibility that certain accelerator pedal mechanisms may mechanically stick in a partially depressed position or return slowly to the idle position”, and makes no mention of the floor mats.

In January, an additional 600,000 Toyota vehicles were added to the recall list. Toyota, which has enjoyed a long-standing reputation as an industry leader in quality and customer satisfaction, shocked the automotive world and its dealer network when it told its dealers to stop selling eight models, including the Camry and Corolla sedans, two of the biggest sellers in the U.S. market. Other models affected by the move include the RAV4 and Highlander sport-utility vehicles and the Tundra pickup truck. They also announced they were halting production of the recalled vehicles for an undetermined amount of time.

On January 28th, the recall was expanded to include an unknown number of Toyota vehicles in Europe and China.

The following car models are affected by the Toyota’s accelerator pedal recall and suspension of sales.

2009-2010 RAV4
2009-2010 Corolla
2009-2010 Matrix
2005-2010 Avalon
2007-2010 Camry
2010 Highlander except hybrid models
2007-2010 Tundra
2008-2010 Sequoia

Also on Toyota’s consumer safety advisory website were answers to these questions:

What should I do if I believe my vehicle is affected by this condition, i.e. I have noticed that my accelerator pedal is hard to depress, slow to return or is unsmooth during operation. What should I do?

The vehicle should be driven to the nearest safe location, the engine shut off and a Toyota dealer contacted for assistance.

What if you experience a sticking accelerator pedal while driving?
Each circumstance may vary, and drivers must use their best judgment, but Toyota recommends taking one of the following actions:

• If you need to stop immediately, the vehicle can be controlled by stepping on the brake pedal with both feet using firm and steady pressure. Do not pump the brake pedal, as it will deplete the vacuum utilized for the power brake assist.

• Shift the transmission gear selector to the Neutral (N) position and use the brakes to make a controlled stop at the side of the road and turn off the engine.

• If unable to put the vehicle in Neutral, turn the engine OFF. This will not cause loss of steering or braking control, but the power assist to these systems will be lost.

• If the vehicle is equipped with an Engine Start/Stop button, firmly and steadily push the button for at least three seconds to turn off the engine. Do NOT tap the Engine Start/Stop button.

• If the vehicle is equipped with a conventional key-ignition, turn the ignition key to the ACC position to turn off the engine. Do NOT remove the key from the ignition, as this will lock the steering wheel.

If I am an owner of one of the affected vehicles, what action do I need to take?
Toyota is working quickly to prepare a correction remedy and will issue owner notifications in the future. No action is required at this time unless you feel you are experiencing this condition. If you are experiencing this condition, immediately contact your nearest Toyota Dealer for assistance.

The manufacturer goes on to say that while they are investigating the issue and developing a plan for a fixing the problem, they do not give specifics as to exactly how or when the alterations to the affected vehicles will take place.

In a related development, Ford Motor Co. has halted production of some full-sized commercial vehicles in China because they contain gas pedals built by the same company behind the accelerators in Toyota Motor Corp.'s recent recall. There were only about 1,600 vehicles involved, and they are large, industrial-use trucks, and therefore the action is not expected to impact the American passenger vehicle consumer.

“Product liability cases involving potentially dangerous consumer products can traumatically effect people if an accident should occur,” says P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “We hope Toyota works to immediately rectify the faulty accelerator problem, and urge those who think their vehicle may be involved to take proper actions through Toyota’s dealerships.”
Associates and Bruce L. Scheiner Personal Injury Lawyers believes justice is worth fighting for, and has been aggressively representing motor vehicle crash victims since 1971. To learn more about our areas of practice and case results, visit www.focusedonjustice.com, or call 1-800-Dial-BLS.

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Injuries can occur in almost every sporting activity or training session, including golf, soccer, baseball, football, rugby, basketball and several other games. The most serious injuries occur in sports where collisions are a part of the game, but things like torn ligaments and lower back injuries can happen in less strenuous sports, such as golf. Athletes are injured in instances where they don’t warm up or adequately stretch prior to engaging in sports activities, and many happen due to improper or sub-standard safety gear or equipment. Many injuries happen when a player is not in adequate condition to undertake a particular sport, or has not received proper training or conditioning. It is the responsibility of an organization’s coaching staff, team physicians and athletic trainers to ensure that each participant is adequately prepared to play, and to closely monitor the player should an injury occur, Oftentimes, a decision to allow a team member to continue to play after suffering an injury can lead to disastrous results, further aggravating the injury or in some cases, even causing death.

There are several examples of how a sports injury can occur. It may involve product liability, where a child suffers serious injury due to a defective football helmet design.
If a child suffers a severe neck injury when an untrained referee fails to recognize the seriousness of a wrestling hold, there may be the basis for a negligent supervision lawsuit. Even a premise liability lawsuit may be called for if a child breaks a bone in a fall caused by negligent field or clubhouse design or maintenance.

“In Florida, sports, particularly football, is almost like a religion to players, coaches and parents of players,” notes Bruce L. Scheiner, Senior Attorney and Founder of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “We see serious injuries to participants of all ages which may have been preventable had the proper training and safeguards been in place. Sports-related injuries can be devastating to a family, changing their lives forever.”

For school-aged children, most parents sign forms releasing schools from any liability when their child incurs a sports injury while playing a school sport. There can, however, be exceptions to this. Former Lely High School football standout Ereck Plancher, then a 19-year-old freshman wide receiver, collapsed on a University of Central Florida practice field during a March 18, 2008 off-season conditioning workout. He was taken to a hospital, and died about an hour later. An autopsy found that Plancher died from complications due to physical stress, which triggered a sickle cell trait believed to have caused his body to shut down. In people who carry the trait, red blood cells can be malformed, or become sickle-shaped, and stop carrying oxygen to the organs.

According to a report in the Orlando Sentinal, many of the interviews and depositions made public since Plancher’s death have hinged on whether coaches and athletic staff knew Plancher carried the sickle cell trait, and whether Plancher had been informed of that fact before hitting the practice field. Attorneys representing the family have argued that the waiver did not absolve the coaching staff of its responsibility to properly care for Plancher. Referring to the waiver Plancher signed in order to play ball for UCF, Orange County Circuit Court Judge Maura Smith wrote on December 23rd, 2009, “Summary judgment on the affirmative defense of release is denied since the court cannot conclude the release and its language is unequivocal and unambiguous,”

In 2005, a La Salle University (Pennsylvania) football player suffered a concussion while at football practice. A lawsuit filed by Preston Plevretes, now 23, claimed that La Salle medical staff improperly treated him after he sustained the concussion. Despite having continuing symptoms, the lawsuit said, Plevretes was cleared to play in a subsequent game in which a tackle caused brain damage that has left him with speech impediments, memory loss and other issues that require 24-hour care. In November 2009, La Salle University agreed to pay $7.5 million to settle the lawsuit brought by a severely injured player.

According to the National Center for Sports Safety, there are some eye-opening statistics regarding sports-related injuries:

• More than 3.5 million children ages 14 and under receive medical treatment for sports injuries each year.

• Injuries associated with participation in sports and recreational activities account for 21 percent of all traumatic brain injuries among children in the United States.

• Overuse injury, which occurs over time from repeated motion, is responsible for nearly half of all sports injuries to middle-and high-school students. Immature bones, insufficient rest after an injury and poor training or conditioning contribute to overuse injuries among children.

• Most organized sports related injuries (62 percent) occur during practices rather than games. Despite this fact, a third of parents often do not take the same safety precautions during their child's practices as they would for a game.

• A recent survey found that among athletes ages 5 to 14, 15 percent of basketball players, 28 percent of football players, 22 percent of soccer players, 25 percent of baseball players and 12 percent of softball players have been injured while playing their respective sports.

• Children ages 5 to 14 account for nearly 40 percent of all sports-related injuries treated in hospital emergency departments. The rate and severity of sports-related injury increases with a child's age.

“Please review the Safety Checklist: For the Parent on the National Center for Sports Safety website to find out how you can make sports safer for your children,” recommends Bruce Scheiner. “Remember – Safety is No Accident.”

If you have suffered a serious injury while engaging in a sporting activity, our expert team of attorneys can aggressively represent your legal rights, and help you get the financial compensation to which you may be entitled. We are available 24-hours a day, 7 days a week, and will meet with you for a no-obligation case evaluation in one of our 7 area offices, at your home or even in the hospital. And, you pay us no fees or costs unless we win. Contact us at 1-800-Dial-BLS or visit our website www.focusedonjustice.com

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

“Associates and Bruce L. Scheiner, Personal Injury Lawyers remains committed to informing the public of consumer issues as they arise”, said Bruce L. Scheiner, Founder and Senior Partner. “Please pay particular attention to the information provided here. This is a serious issue, and one that can affect you or your children.”

Graco Strollers
Graco Children’s Products, Inc., recalled about 1.5 million of their infant strollers, which were sold at Target, Wal-Mart, Babies-R-Us, Toys-R-Us, Burlington Coat Factory, Kmart and Sears, and other major retail chains. The recalls include certain model numbers of Graco’s Passage, Alano and Spree Strollers and Travel Systems that were sold from October 2004 through December 2009. The Atlanta-based company had received 7 reports of children placing their fingers in the stroller’s canopy hinge as the canopy was being opened or closed. 5 children had their fingertips amputated and 2 had cuts to their fingers.

The Consumer Product Safety Commission announced the recall, and urged parents to stop using the strollers if they are the models being recalled, and to contact Graco to obtain free protective sleeves designed to cover the dangerous hinges. The recall involves strollers made between October 2004 and February 2008. The model numbers and manufacture dates are on the lower inside portion of the rear frame, just above the rear wheels.

The safety commission is now examining all strollers with the designs that have caused the fingertip amputations, said spokesman Scott Wolfson. "CPSC is taking a larger look at the entire product line to determine what steps need to be taken to keep children safe in and around strollers," he said.

For more information about the recalled strollers, consumers can call 800-345-4109 or visit http://www.cpsc.gov/ .

Dorel Asia Cribs
Just a day before the Graco recall announcement, the CPSC recalled approximately 650,000 cribs which were being sold at Sears, Kmart and other stores after discovering a 6-month-old boy from Cedar Rapids, Iowa, strangled after getting trapped in the crib when the drop-side hardware broke. His parents were using the crib after trying to repair it themselves. Some of the Chinese- and Vietnamese-made cribs were recalled because their drop sides can detach, creating a space where a child can be trapped and suffocate or strangle.

Some of the cribs were also recalled because a child can be trapped if one of the slats is broken or damaged. This damage can occur while the crib is in use as well as when it is being put together, taken apart or shipped.

CPSC and Dorel Asia SRL, which is based in Barbados, have received 31 reports of incidents involving drop-side cribs. There are six reports of incidents of children being trapped between the mattress and the drop side, including three reports of bruises. The agency and company have also received 36 reports of broken slats, including two reports of trapped children and seven reports of bruises and scratches.

To receive a free repair kit to prevent this hazard, contact Dorel Asia at 866-762-2304. More information is available online at http://www.dorel-asia.com/

Florida personal injury lawyers urge all parents who think they may have the effected strollers or cribs in their homes to check the model name and numbers and immediately take the necessary steps to rectify the potentially catastrophic safety hazards by following the recommendations above. We stand by your side focused on justice should you or a loved one need assistance. Contact us 24/7 at 1-800-Dial-BLS or www.focusedonjustice.com. You pay us nothing unless WE win.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

“There are a few website links parents should access for information on how to keep their children safe with water safety training.”

http://www.vimeo.com/channels/38015

http://www.weteachswimming.com/policies.cfm
http://www.floridaswimmers.com/

“We provide these links in the hope that with parents’ increased knowledge we will be able to prevent more of these tragedies from happening”, says PJ Scheiner, attorney
Associates and Bruce L. Scheiner, Personal Injury Lawyers, P.A.

The report indicates that Florida leads the country in the unintentional drowning rate of children younger than 5, and that 70 percent of the cases involved happened in swimming pools. The report goes on to say that state health officials, along with the Department of Children and Families, are aggressively attempting to identify instances in which a child drowning was caused by poor adult supervision. It states that “children continue to die from drowning at an alarming rate as a result of inadequate supervision”, and recommends a systematic approach to prevent further child drowning cases.

The saddest reality of the report is that child drowning cases are so easily preventable. The general belief of parents and those who supervise young children is that these cases are so rare, it could never happen to them. Even parents who have stated that they are vigilant in keeping an eye on their kids have fallen victim. Child safety advocates recommend having an adult whose sole function is to watch the kids who are in or near the pool at all times – not just glancing up while doing chores or talking on the phone.

Child safety experts recommend that homeowners have alarms, a four-sided fence and self-latching locks on all pool doors. If a child is missing, always check the pool first. If searchers first check a house for a missing child who has fallen into a pool, the interior search wastes minutes that could be used rescuing the child.

As a personal injury attorney with almost 4 decades of experience, Bruce L. Scheiner has unfortunately seen more than his share of accidental child drownings. “With the number of swimming pools in Florida, its no wonder that we lead the country in child drowning cases”, says Scheiner, Senior Attorney and founder of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “With some common sense, the right precautions and more vigilant supervision, these catastrophic situations can be avoided.”

The Lee County Health Department provides these additional pool safety tips:

• Install and maintain an isolation fence separating your pool from the house and play areas.
• Designate an adult to supervise children around water, especially at social gatherings.
• Never consider children to be ‘watersafe’ despite swimming skills, previous swimming lessons or experience.
• Floaties, swimmers or other inflatable flotation toys are not life jackets and should never be substituted for an adult’s supervision.
• Toys, tricycles and other playthings must be kept away from the water’s edge.
• Assure a clear view from the house to the pool or spa by removing vegetation or other obstacles.
• Always completely remove covers before using pool or spa. Lightweight, floating covers are not safety covers and will not support the weight of a child. A child could
become trapped under this type of cover.

Don’t allow your child to become a drowning statistic. Florida personal injury lawyers urge you to use caution and exercise proper safeguards when children are in or near a swimming pool.

Associates and Bruce L. Scheiner, Personal Injury Lawyers is there for you should you require assistance in a drowning case or any other personal injury case. The firm is focused on justice for you and your family. Contact us at 1-800-Dial-BLS or visit www.focusedonjustice.com Remember you pay us nothing unless you win.

Older Tires Pose a Serious Safety Threat

When you buy a set of tires that are advertised as “new”, you expect that, at most, they may be a few months old. However, recent research and investigations have discovered that some retailers are selling so-called new tires that have been sitting in a store or warehouse for years – sometimes 7 years or longer. When a Ft. Myers woman on the staff of Associates and Bruce L. Scheiner, Personal Injury Lawyers went to have new tires installed just before Christmas, she found that the retailer installed two tires manufactured in 2009 and 2 tires manufactured in 2007. These were to be 4 matching tires. While this may not seem like an important detail, the alarming fact is that old tires can pose a real threat to those who use them.

Today, the Ft. Myers News-Press reported that Nicholas Contessa, 58 of Fort Myers, died while driving a 2000 Chevy Blazer southbound on I75 when his right rear tire blew out causing him to lose control of his SUV. The SUV went into the median, overturned and collided with a guardrail. He suffered head injuries and was pronounced dead at the scene. Although it has not yet been determined whether the tires were “new”, it does point out the need for consumers to be diligent when dealing with their tires and their safety.

An investigative report by ABC News revealed the story of a young man in Toronto who took the family van out with some of his friends. The young man’s father had recently purchased new tires for the vehicle, and had every reason to believe his son and his companions would be safe on the road. Sadly, a crash occurred when the tire’s tread separated from the tire while traveling on the highway. The son lost control of the van – and tragically, lost his life as well.

Law enforcement investigators on the scene found that there were no visible defects or abnormalities with the tire. Yet further investigation revealed that the tires, which the father had been told were new, were actually 4 years old. While this may not seem like an inordinate amount of time to keep a tire on the retailer’s inventory, laboratory tests have uncovered that old tires loose some of the elasticity after a certain amount of time, and the drying out of the rubber can cause the treat to simply fall off the tire.

The dangers of "aged" tires, while beginning to come more into public view, remains a little known problem outside of the industry, and one that could be the cause of a significant number of tread separation problems. "Aged" tires are often unsuspectingly put into service after having served as a spare, stored in garages or warehouses, or simply used on a vehicle that is infrequently driven. In many instances, these tires show no visible sign of deterioration, and absent any visible indicators, tires with adequate tread depth are likely to be put into service regardless of age. Physical and chemical properties of tires change over time, regardless of use. Studies show that tire performance can start to degrade after six years – even if tires haven’t been used. According to SRS, Inc. (Safety Research & Strategies) a Massachusetts-based auto-safety research firm, 108 accidents are linked to tread separation of tires more than six years old, which resulted in 85 deaths. The National Highway Traffic Safety Administration, (NHTSA), is conducting tests on new tires to determine their durability and developing future tests to simulate aging. The agency began requiring manufacturers to print the manufacture date on tires in September 2009. BMW, Ford Motor Co., DaimlerChrysler, Toyota Motor Corp. and Volkswagen have all backed guidelines that tires should only be in service six years.

In Florida, undercover television investigations found big-name retailers like Sears and Wal-Mart selling old tires as new. Currently, there are few if any laws mandating that manufactures or retailers stop selling the tires after they reach a certain age. However, there is some activity in this direction. According to SRS, Inc. of Massachusetts, one of the nation’s first laws to require tire dealers to disclose the age of each tire prior to sale or installation was passed in May, 2009, by the Assembly Business and Professions Committee by a vote of 6 to 4 in California.

The other problem is that while there are numbered codes on each tire to indicate the date it was made, the codes are difficult to find and even more confusing to figure out. The codes use numbers that indicate the week and year the tire came off the production line. For example, a tire made the 32nd week of 2001 would contain the code “3201”. This may be industry knowledge to those in the tire business, but consumers are not made aware of it.

“Tread separation has been a problem with tires for years,” says P.J. Scheiner, personal injury lawyer at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “The current manufacturing process calls for the tread and tire itself to be made as two separate pieces, and then the tread is adhered to the tire. But new information about the age of the tire and the added dangers of deterioration of the rubber can render a seemingly new tire with plenty of tread life into a ticking time bomb.”

Florida personal injury lawyers urge you to check your tires for the manufacture date, and be especially wary of using a spare tire that may have been in your trunk for a number of years. If you have suffered a serious injury involving tire tread separation, the vehicle safety law experts at Associates and Bruce L. Scheiner Personal Injury Lawyers have almost four decades of experience of fighting for justice for the victims of faulty tire manufacturing standards. To learn more, visit www.focusedonjustice.com or call 1-800-Dial-BLS.

Beginning January 1st, state legislators and law enforcement agencies have started to enforce a new law that will cancel the driver’s licenses of those who have been convicted of three accident-related moving violation citations within a three-year span. In order to get their licenses back, the offender will have to successfully complete a 16-hour educational course, at the cost of $548.00.

If you’ve been cited for a crash-related violation within the past two years, the clock is already ticking – the new law goes back to offenses incurred since 2007. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period, but did not require any actual behind-the-wheel testing. The new law, to be administered by private driving schools, is designed with more stringent requirements, and failure to comply with and successfully pass the course will result in the continued suspension of your driving privileges. The 16-hour course must be completed within 90 days of notification, and includes 4 hours of behind-the-wheel driver evaluation.

“Between drunk driving crashes, people distracted by cell phones and other emerging technologies and those who are just reckless drivers, there are real dangers for every motorist on Southwest Florida roadways”, says local personal injury attorney
P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “This new crackdown will hopefully be a wake-up call to those who habitually cause crash-related motor vehicle accidents.”

The new law is intended to improve the habits of Florida’s worst drivers, according to the state’s Department of Safety and Motor Vehicles. "In an effort to make our roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course," DHSMV Executive Director Julie L. Jones said in a news release. "The new law is designed to modify the behavior of some of our worst drivers." The National Highway Traffic Safety Administration estimates that a crash in the United States costs an average of $38,000. During the 36-month period that ended December 31, 2008, there were 3,277 Florida drivers with three or more at-fault crashes. That figure includes drivers from nearly every age group.

According to department estimates, more than 1,000 Florida drivers may be subject to the new traffic safety requirements in 2010.

Associates and Bruce L. Scheiner Personal Injury Lawyers has been fighting for the rights of those injured or killed because of the negligent or careless actions of another driver for almost 4 decades. With 7 area offices and over 100 attorneys and support personnel throughout Southwest Florida, their expertise and aggressive representation could be instrumental in helping victims attain the compensation they deserve, and crash victims pay no fees unless the firm is successful on their behalf. To learn more about crash victims’ rights, visit www.focusedonjustice.com, or call 1-800-Dial-BLS.

A pet 8-year-old male Weimeraner bit Liam Perk, a two-year-old from Cape Coral, on the neck on December 22nd. Tragically, the boy died after being rushed to the hospital for treatment. The dog, which by all reports was a well-behaved, indoor pet, bit Liam as he walked past the animal. On December 13, 2009, a 20-month old boy, Dallas Walters, was killed in New Port Richey, Florida, after being mauled by his aunt's pet Rottweiler inside her residence. In Liam’s case, although the story reported by the AP Wire services and picked up around the country stated the dog apparently attacked without provocation, there are those that feel that is unlikely.

Lee County Chief of Animal Services, Adam Leath, seems to be of the belief that there must have been something Liam did to cause the dog to turn on him. "Animals will react in a fight or flight response depending on the circumstances," Leath told the Fort Myers News-Press. There are still other experts in the field of animal behavior who feel that even the most mild mannered, well trained dogs will lash out if they feel they are being mistreated, attacked or provoked to fight for their lives. Patrick Logue, an advanced dog behavioral therapist and trainer, adds this advice.” Dogs use body language and vocal tones to communicate," he said. "You want to make sure kids don't play too rough with a dog, even if they're having a good time. A dog might nip at a child even if it's playing because that's how a dog communicates.” We have all heard stories about young children who will playfully pull a dog’s ears or tail, and the dog may go years, or even its entire lifetime, seemingly unfazed by that type of treatment. But the fact of the matter is it may not take much to cause the dog to snap back, or worse.

The two Florida deaths brought the total of fatal dog attacks in the United States to 30 during 2009. Although many people believe that dog attacks involve stray dogs, the fact is that 75% of such occurrences involve the family pet, and happen in the family home. More than half of the victims of serious dog bites are kids. Parents have a responsibility to teach their kids the dangers involved with pet ownership, and many feel the subject needs to be addressed in elementary schools.

The American Humane Society says that children must learn the following basics about dog safety:

• Never approach an unknown dog or a dog that is alone without its owner, and always ask the owner’s permission before petting it.
• Never approach an injured animal – go find an adult who can get it the help it needs.
• Never approach a dog that is eating, sleeping, nursing or has something it likes – like a bone or toy.
• Don’t poke, hit, pull, pinch or tease a dog – the dog may not realize you’re just playing.
• Don't chase or run from a dog.

A complete list and explanations outlining dog bite laws can be found here: Florida dog bite law statutes.

Bruce L. Scheiner, a Florida personal injury attorney and Senior Lawyer at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., has witnessed firsthand the catastrophic and devastating results of a dog attack. “My heart goes out to little Liam Perk’s family, especially with the event happening just three days before Christmas,” says Scheiner. “No matter how docile and cute a family pet may be, people need to understand that occasionally the slightest irregularity can cause them to seriously injure or even kill a person, seemingly for no reason.”

Victims of dog attacks have rights under the law, and the entire family of expert attorneys and support staff at Associates and Bruce L. Scheiner Personal Injury Lawyers believes that justice is worth fighting for. If you or someone you know has been injured by a dog bite, we invite you to call us at 1-800-Dial-BLS, or visit our website at www.focusedonjustice.com.

In the event of an air accident, or even in the case of turbulence during the flight, a CRS provides optimum protection for the child. Parents need to know the differences between a CRS and a child safety device, as only a government-approved CRS with a label stating; “This restraint is certified for use in motor vehicles and aircraft” will be allowed on board. An unauthorized child safety device will require that you check it through as luggage. If you do have a child safety system, make sure it contains the wording “FAA approved in accordance with 14CFR 21.305(d), Approved for aircraft use only” on it. And if you try to board the plane with the intention of using a booster seat or harness vest type of restraint system, be aware that the FAA prohibits passengers from using them during plane taxi, take off and landing.

According to the website www.airsafe.com, there are several things you can do before you head to the airport to catch your flight:

• Check with the airline to find their busiest days and times. By avoiding these times you are more likely to be on a flight with an empty seat next to a parent. In many cases airlines will allow you to seat your child less than two years of age in a child restraint in the empty seat at no extra charge. Ask your airline for its policy regarding an empty seat.

• Ask the airline if they offer a discounted fare for a child traveling in a CRS. When you buy a ticket (discounted or full fare) for your child, you are guaranteed that they will have a seat and that you will be able to use the CRS.

• If you purchase a ticket for your child, reserve adjoining seats. A CRS should be placed in a window seat so it will not block the escape path in an emergency. A CRS may not be placed an exit row.

• Check the width of your CRS. While child seats vary in width, a CRS no wider than 16 inches (40.6 cm) should fit in most coach seats. A CRS wider than 16 inches (40.6 cm) is unlikely to fit. Even if the armrests are moved out of the way, a wide CRS will not fit properly into the frame of the aircraft seat.

• If you need to change planes to make a connecting flight, request that the airline arrange for assistance in your connecting city.

The FAA also offers these safety guidelines:

• Be sure the seat shoulder straps are properly adjusted and fasten the airplane seat belt around the CRS.

• Always follow the manufacturer's instructions when using a CRS. FAA recommends that a child weighing:

- Less than 20 pounds, use a rear-facing CRS
- From 20 to 40 pounds, use a forward-facing CRS
- More than 40 pounds, use an airplane seat belt
- A child may also use an alternative, such as a harness-type restraint, if it is approved by FAA. FAA has approved one restraint appropriate for children weighing between 22 and 44 pounds. This type of restraint is not safe for use in motor vehicles.

For more complete information regarding flying with your child, visit http://www.faa.gov/passengers/fly_children/crs/

“Flying with a young child can be a trying experience for any parent, and using an unapproved child restraint system can only add to the hassles and frustration,” says attorney and experienced pilot P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. For almost 40 years, the firm founded by his father, also an avid aviator and Senior Attorney, has been focused on justice for those injured or killed in an aviation accident. For case results and a no-obligation consultation, please call 1-800-Dial-BLS, or visit www.focusedonjustice.com.

Parents should not use just a simple visual inspection or price comparison to select the best option for their children. By researching the IIHS findings, parents can make a much more educated choice for kids who have outgrown child restraints. "We're confident we're giving consumers a solid overview of what they'll find when they shop for their children," says Anne McCartt, Institute senior vice president for research, adding that "parents don't need to dig deep into their pocketbooks to buy a booster with good all-around belt fit."

The Institute assessed the boosters using a specially outfitted crash test dummy representing an average-size 6-year-old child. Engineers measured how 3-point lap and shoulder belts fit the dummy in each of the 60 boosters under 4 conditions spanning the range of safety belt configurations in vehicle models. Each booster gets 4 scores for lap belt fit and 4 for shoulder belt fit. The overall rating for each booster is based on the range of scores for each measurement. Child booster seats are made in two main styles – those with high backs and those with just a base pedestal seat. Some are convertible models, with high backs that can be removed.

A complete listing of the results of the IIHS comparison can be found here.

“There are so many parents with good intentions who don’t realize the importance of properly designed and installed child safety seats,” says Attorney PJ Scheiner of the Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., firm. “This study provides vital information necessary for them to select the best option to fit their child and their vehicle.”

The firm recommends all parents of children who should be using booster seats carefully research their purchase, and make sure the seat is correctly installed. For more information on the dangers of improper child restraint use, we invite you to visit our website at www.focusedonjustice.com.

The airbag is deployed in an explosion of a small cartridge that causes the bag to inflate in a fraction of a second. If the driver or passenger is too close to the airbag, or if it is not aimed correctly towards the sternum or chest area, serious injury or even death can occur. Even in event of emergency braking before the impact of a collision, an improperly or unrestrained vehicle occupant is thrown directly towards the airbag module, resulting in an increased risk of serious injury at implosion of the device. If you place an object on top of the passenger side dashboard, where airbags are generally stored, you’re creating a projectile that is thrown toward the occupant at incredible force.

The National Highway Traffic Safety Administration, (NHTSA), recommends drivers sit with at least 10 inches between the center of their breastbone and the center of the steering wheel. Children 12 and under should always ride properly restrained in a rear seat. Never put a rear-facing infant restraint in the front seat of a vehicle with a front passenger air bag. A rear-facing infant restraint places an infant's head close to the air bag module, which can cause severe head injuries or death if the air bag deploys.

Almost all air bag-related deaths have involved unrestrained or improperly restrained occupants. Only by using your lap and shoulder harness correctly can you ensure that a deploying airbag will work as it was intended. In some newer, more advanced vehicles, manufacturers have refined airbag restraint system sensors to deploy in relation to the severity of the crash impact, the seated posture of the car’s occupants, the distance of the occupant from the device and the usage of lap and shoulder belts. Some of today’s more sophisticated cars utilize sensors which can detect these variables, and automatically deploy the air bag in a less explosive, staged deployment, or not at all if the impact is not severe. Some vehicles now have side impact air bags, and some have been designed to reduce injury in a rollover accident. Side airbags are not required in vehicles, nor governed by the NHTSA.

“Having been involved in a serious rollover accident with my wife a few years ago, I know the importance of properly restraining yourself while behind the wheel,” says Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers. “While airbag systems have been shown to reduce serious injuries and fatalities in the event of a crash, there are certain conditions in which they can actually create an injury.”

The team of expert accident lawyers and support staff at the firm has decades of experience representing those who have been seriously injured in crashes. They urge you to buckle up, and to be sure you are driving a vehicle in which the airbag restraint system is correctly positioned in relationship to the proximity of the driver and passenger. We invite you to learn more by calling us at 1-800-Dial-BLS, or visiting our website at www.focusedonjustice.com.

However, with the urban sprawl and heavy traffic found in Southwest Florida, the mix of motor vehicles with bicyclists and people on foot can prove to be dangerous, if not deadly. While people may get satisfaction from trying to be more eco-friendly, they are often putting their lives at risk by walking or riding their bikes around our area.

The problem is that very little forethought went into the road planning and real estate development rush of years past when it comes to bicyclists and pedestrians. The lack of sidewalks, underpasses and other thoroughfares designed specifically for bikes and walkers forces them onto the streets, where the interaction with cars and trucks turns into a high-risk cat and mouse game. Those who advocate the use of bikes or walking locally are pushing for new ideas in urban planning, aimed at addressing the need for safer ways to get around, and saving lives in the process. In 2007 and 2008, 32 pedestrians and 10 bicyclists were killed in accidents involving motor vehicles in Lee County alone. The National Safety Council estimates that the cost of such an accident, when factoring in the cost of the accident itself and the economic impact of the loss of a productive life, to be around $4 million. City and County planners and engineers point out that designing and building new roads and sidewalks for the safety of cyclists and pedestrians is expensive, and even retrofitting our current infrastructure can carry a hefty price tag. Clearly, the cost of not doing so needs to be fully understood.

Local advocacy groups like BikeWalk Lee are stepping up their efforts to bring their cause to the forefront. According to their website, BikeWalkLee is a community coalition raising public awareness and advocating for complete streets in Lee County - streets that are designed, built, operated and maintained for safe and convenient travel for all users: pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. In early December, the group presented letters to Governor Charlie Crist and to the Lee County Legislative Delegation asking that the State enact specific efforts to reduce the number of pedestrian and bicyclist deaths on Southwest Florida roadways. Among their requests is that the Florida Department of transportation designate 22% of state funding on road design and construction to more pedestrian-friendly planning. The organization points out that 22% of all traffic fatalities in Florida involve people on foot or on bicycles.

“Drivers just don’t watch for people walking or riding their bikes as they should”, says PJ Scheiner of the Associates and Bruce L. Scheiner Personal Injury Lawyers law firm. “We see the tragic results of these accidents in our practice, and applaud the efforts of all the local organizations working to promote a safer environment for cyclists and pedestrians”.

If you or someone you know has suffered a serious injury while biking or on foot, our experience in fighting for justice can prove invaluable in seeking the financial restitution you deserve. We devote our entire expertise and resources to your individual case, and you are obligated to pay us nothing unless we are successful on your behalf. Contact us at 1-800-Dial-BLS, or visit our website www.focusedonjustice.com.

Almost half of all the flights in the country are operated by regional airlines, and they transport 160 million passengers per year – an increase of 40 percent since 2003. All of the major airlines, such as American, Delta, United, Continental, and US Airways utilize smaller regional carriers to fulfill their routes. Oftentimes, a passenger is unaware that when they purchase a ticket on a major carrier, they will actually be flying a “partner” airline, even though Federal law requires that disclosure. In most cases, regional carriers operate under the names or two-letter codes of the major airlines that hire them. Countless travelers are often surprised when they arrive at their departure gate and see a small, 50-seat aircraft when they were expecting a full-sized commercial jet. Today, it is not uncommon for smaller, regional jets to be used for longer flights than in years past, some for duration of three hours or more.

Some recent incidents involving regional airlines have caused Congress and government regulators to take notice. In February, a flight operated by Colgan Air, owned by a company called Pinnacle Airlines, crashed in Buffalo, New York, killing all 49 people on board, and one on the ground. Investigation of the accident unearthed that the pilots may have had inadequate training and actual flight hours, which may have been a major factor in how they reacted to the warning they received that the plane was about to stall due to icing conditions. The crash has served as a wake-up call for the FAA and those who police the air travel industry, bringing to light serious concerns about pilot training, compensation, hiring practices and even the number of hours a regional pilot and crew are working on each shift of duty. The major carriers require that a pilot applying to fly for them typically have 5,000 to 7,000 hours of flight time under their belts. With the commuter airlines, the standards are much lower – Colgan Air has a pilot on staff that was hired with less than 500 hours of flying time – and that wasn’t even the lowest number of hours among those in his new-hire training class. Captain Chesley “Sully” Sullenberger in his book Highest Duty: My Search for What Really Matters comments that, “Regional airlines will now take someone with 200 hours of flying experience and make him or her a first officer.”

Largely due to the information discovered after the crash in Buffalo, Congress passed a bill in October of this year that requires all new pilots hired by any airline have a minimum of 1,500 hours of flight time.

Poor Performers
Regional carriers routinely rank at the bottom of the Department of Transportation’s monthly reports on things like baggage handling, denied boarding and on-time performance.

Another area of concern is the fatigue factor – many regional pilots and co-pilots often commute long distances between their homes and the airports they fly out of, which can result in inadequate rest between flights. Roger Cohen, the president of the Regional Airline Association, a trade group, estimates that between 50 to 70 percent of pilots commute thousands of miles from the city where they were, in airline parlance, “domiciled”, in order to report for work. The stunning facts uncovered in the investigation of the Buffalo crash have shocked many people.

The spotlight is now focused on the strikingly low pay for new pilots; the rigors of flying multiple flights, at lower altitudes and thus often in worse weather than pilots on longer routes, while scrambling to get enough sleep; and the relative inexperience of pilots at the smaller airlines, whose training standards are the same, but whose skills may not be.

“Four of the six passenger flights that have crashed since September 11th, 2001, have been commuter flights,” points out PJ Scheiner, an experienced pilot and a personal injury attorney with the firm founded by his father almost four decades ago, Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “As pilots ourselves, my father and I recognize the importance of stringent safety standards, extensive training and the amount of experience necessary to safely operate a commuter aircraft,” says Scheiner. “Our aviation experience makes us intimately familiar with the rigors of actually being in the cockpit.”

Aviation accident cases require in-depth expertise and a thorough knowledge of aircraft operation. If you or someone you love has been injured as a result of an airline accident, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers at 1.800.Dial.BLS or log on to www.focusedonjustice.com

Associates and Bruce L. Scheiner, fighting for justice, and aggressively representing your legal rights.