Wednesday, June 27, 2012

Summer is here and so is the potential for swimming pool accidents


Texas Swimming Pool Accident Attorney
It's finally summer, and in 100+ degree weather there is no doubt one would rather feel the freshness, coolness, and wetness of swimming instead of hot, sticky, and sweaty.  Even though a pool keeps one cool and relaxed, those who own their own pools are at a high risk of accidents.

In some cases, 1 out of 4 swimming pool accidents are non fatal, but serious enough for the victim to be hospitalized. Swimming pool accidents can lead to brain damage, memory problems, and learning disabilities.  The sad truth is that most accidents end in drowning.

Drowning is the second leading cause of accidental injury-related death among children ages 1 to 14, and every day about ten people die from unintentional drowning (2 of those 10 being children under the age of 14). Drowning can occur due to circulation entrapment, which is when a victim gets one of their limbs, jewelry, hair, or piece of their swimsuit caught by suction ducts that are generated by the water rushing out of the drain from the pool.

For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.  Owning a residential pool carries a lot of responsibilities, not only does one have to clean it and maintain equipment, but owners are also responsible for the safety of those who swim in it.  If you have a pool that you share with your neighborhood and/or children's friends, you are liable for their safety, and can be sued if they're involved in a swimming pool accident.

It is suggested to build a four way fence that is at least four feet high and separates the house from the yard for those who have children under the age of 4, to prevent these serious and sometimes fatal accidents.  It is important for the owner to be aware of what is going on around the pool especially if there are children by themselves.

When one leaves the pool, they should take out all toys that are in the swimming pool, thereby reducing the chance of a child to be attracted to the water and risk falling into the pool, just in case there is no security fence installed.  There are many companies that specialize in building pool guards and security fences. Check consumer review websites and be wary of recalled products.  Doing some proper market research on the particular product that best suits your swimming pool will help you protect your family and friends this summer.

If you or a loved one has been involved in a swimming pool accident in Texas, The Cole Legal Group can help you get the compensation you deserve. We have a proven track record of obtaining substantial insurance settlements and jury awards for people hurt or killed in swimming pool accidents. Texans should expect safe swimming pools.

Let our experience, commitment and drive work to get you the money you deserve to rebuild your life. Our commitment to you: We will not be out worked!

Contact us today for a free consultation.

Thursday, June 21, 2012

Study: tort reform has not cut health care costs in Texas


A new study found no evidence that health care costs in Texas dipped after a 2003 constitutional amendment limited payouts in medical malpractice lawsuits, despite claims made to voters by some backers of tort reform.

The researchers, who include University of Texas law professor Charles Silver, examined Medicare spending in Texas counties and saw no reduction in doctors' fees for seniors and disabled patients between 2002 and 2009. A 2003 voter campaign in Texas, and some congressional backers of Texas-style tort reform in every state, however, argued that capping damage awards would not onlycurb malpractice lawsuits and insurance costs for doctors, it would lower costs for patients while boosting their access to physicians.

Tort reform is a controversial topic likely to be resurrected by Republicans and doctors' groups who hoped to make it part of the 2010 federal health care law.

[visit Texas Injury Lawyers' website]

The researchers' findings come after a report last fall in which the Ralph Nader-founded consumer group Public Citizen said it found Medicare spending in Texas rose much faster than the national average after tort reform. Critics of that study said that tort reform leaders never promised health care spending would decline and noted that caps on damage awards brought steep drops in malpractice insurance rates for doctors and large increases in new doctors coming to Texas.

Another study yet to be published on physician supply and tort reform, also by Silver's group, agrees that malpractice suits and payouts sharply dropped after tort reform. But that study strongly disputes claims of a mass exodus of Texas doctors before tort reform and huge increases afterward.

On the question of health care costs, Silver's group focused on the federal government's Medicare program, which makes up 20 percent of the $2.5 trillion spent on U.S. health care.

That group — consisting of two Republicans, a Democrat and a foreign national, according to the researchers — analyzed data at the county level in Texas, said Tom Baker, author of a 2005 book, "The Medical Malpractice Myth," and a professor of law and health sciences at the University of Pennsylvania.

"This is a very highly regarded study, and this team is highly regarded," Baker said. The study was paid for by the researchers' universities, Silver said, and the paper was published this month in the Journal of Empirical Legal Studies.

"Their results didn't surprise me at all," Baker said.

[read full story at Statesman.com here]

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source: Statesman (Roser, 6/20)

Monday, June 11, 2012

DOT maps campaign against distracted driving


Washington— The U.S. Transportation Department is stepping up efforts to crack down on distracted driving, unveiling $2.4 million in federal support for pilot projects in California and Delaware.

Transportation Secretary Ray LaHood offered a strategy to address a "distraction epidemic." He outlined steps to pass more laws, address technology and crack down on texting. But LaHood said he will not call for a ban on hands-free calling unless research shows it makes sense.

LaHood urged carmakers to avoid adding unnecessary technologies to distract drivers.

"Distracted driving is an epidemic. While we've made progress in the past three years by raising awareness about this risky behavior, the simple fact is people are continuing to be killed and injured — and we can put an end to it," LaHood said.

[If you've been injured in an accident due to distracted driving, contact the Texas Injury Lawyers]

LaHood wants the remaining 11 states to ban texting behind the wheel. He also wants the auto industry to adopt guidelines for technology to reduce potential for distraction.

The Alliance of Automobile Manufacturers praised LaHood's focus, but said more work is necessary. "We need a single set of comprehensive guidelines that encourage hands-free, voice-activated controls like those systems available from automakers," spokeswoman Gloria Bergquist said.

The government is providing California and Delaware with $2.4 million of support for pilot programs that will examine whether increased police enforcement coupled with news media coverage can significantly reduce distracted driving. The Transportation Department in 2010 implemented programs in Hartford, Conn., and Syracuse, N.Y. Texting dropped 72 percent in Hartford and 32 percent in Syracuse.

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source: Detroit News (Shepardson, 6/8)

Wednesday, June 6, 2012

Air bag sensor problem causes Kia to recall nearly 73,000 vehicles



Kia Motors is recalling 72,568 Rio small cars in the United States to address a potential sensor problem that could lead to the front passenger airbag deploying unnecessarily.

Kia, an affiliate of Hyundai Motor, is recalling the cars from model years 2006 through 2008 because of possible cracking of a printed circuit in the front passenger seat sensor mat that could lead to the system not being able to detect whether a child passenger is in the seat, according to documents filed with the National Highway Traffic Safety Administration.

In that case, the airbag would deploy during a crash when normally the sensor would tell it not to, increasing the risk of injury.

[If you've been in an accident due in part to an automotive defect, contact The Cole Legal Group]

If enough cracking in the circuit occurs, the airbag warning light on the car's instrument panel will illuminate, according to NHTSA documents.

No undesired airbag deployments or injuries related to the issue were reported, according to NHTSA documents.

The recall to replace the sensor mat is expected to begin in July, according to NHTSA documents.

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source: Reuters (Klayman, 6/5)