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AAJ News Brief

localedge@digitalproductsuite.com — Mon, 01 Apr 2019 12:54:34 GMT

AAJ News Brief for April 1, 2019

From Outside News Sources

AAJ does not control the content or headlines in these stories. This service is a compilation of independent news sources, provided to give members a full picture of daily news coverage on civil justice issues – good and bad. Inclusion here does not represent the opinions of AAJ.

AAJ in the News

Shareholder urging mandatory arbitration seeks to block J&J’s annual meeting.

In an analysis piece for Reuters (3/27), Alison Frankel writes, “There has been a significant escalation in the fight over whether corporations can require shareholders to arbitrate claims against the company.” According to Frankel, “A Johnson & Johnson shareholder pushing for mandatory arbitration moved Tuesday to enjoin J&J’s April 25 annual meeting, arguing that the company must allow investors to vote on a proposal that would require them to arbitrate their disputes with J&J.” The preliminary injunction motion, filed in federal court in Trenton, New Jersey, “will be, to the best of my knowledge, the first courtroom test of the legality of mandatory shareholder arbitration.” The motion, “which follows a March 1 lawsuit against the company, was filed by the Doris Behr 2012 Irrevocable Trust,” which “wants the court to compel J&J to allow shareholders to vote on a proposed bylaw precluding securities class actions and directing investors to resolve claims in individual proceedings before the American Arbitration Association.” Frankel adds, “After the trust sued, the American Association of Justice” and other groups “issued statements warning that the mandatory arbitration provisions the Behr trust is advocating will make it easier for corporations to defraud investors. ‘We will continue to oppose this effort and any others that aim to shield unscrupulous corporations from accountability by hiding behind forced arbitration clauses,’ the AAJ statement said.”

Civil Justice System

Experts warn of “catastrophic injuries” as trampoline parks grow in popularity.

KWCH-TV Wichita, KS (3/29, KWCH, 117K) reports from New York, “Over the past several years, trampoline parks have grown into a billion-dollar industry,” but “with that growth comes a downside.” CBS News “confirms in the last seven years, at least six people have died from injuries at trampoline parks. ‘That number could be even higher because many of those injured are often forced into arbitration and sign confidentiality agreements that stop them from speaking out,’ CBS News’ Meg Oliver reports.” KWCH-TV adds, “CBS News reports that state lawmakers in Utah recently passed a new law to try to make trampoline parks safer, joining ‘at least seven other states requiring more oversight from insurance companies and annual inspections.’”

Crash investigators believe MCAS was major factor in fatal Boeing 737 Max crashes.

In coverage of the latest updates from the international investigation into the fatal Ethiopian Airlines Flight 302 crash and the global grounding of Boeing’s 737 Max jets, ABC World News Tonight broadcast that investigators have uncovered a “connection linking the” Ethiopian Airlines crash and an earlier fatal crash aboard Lion Air Flight 610. In both crashes, the “pilots fought an automated safety system,” MCAS, that kept forcing the nose of the plane down as an anti-stall feature. Although the MCAS system “had been the subject of bulletins and directives,” in the wake of the grounding of all 737 Max aircraft, Boeing has been preparing a software update that “will make MCAS harder to misfire and easier for pilots to recover.” Tested by American Airlines pilots, the new “software update is expected to be approved by the FAA next week.”

The New York Times (3/29, A1, Glanz, Kaplan, Nicas, 17.3M) reports in a front-page story that “data from a vane-like device, called the angle-of-attack sensor, incorrectly activated the computer-controlled system, according to several people who have been briefed on the contents of the black box in Ethiopia.” The Times reports that in the wake of the global grounding of the 737 Max planes, Boeing faces investigations into how the aircraft were developed, “while the Transportation Department’s inspector general is looking into the certification process” and “has issued a subpoena to at least one former Boeing engineer for documents related to the 737 Max, according to a person familiar with the investigation.” Boeing vice president of engineering Mike Sinnett, however, maintained on Wednesday that “The 737 is a safe airplane.”

The Wall Street Journal (3/29, A1, Stevis-Gridneff, Kassa, Subscription Publication, 7.06M) reports in a front-page story that a top-level briefing to FAA officials on Thursday presented the best evidence to date that the MCAS system may have caused the two fatal 737 Max crashes in the last five months.

Nestle accused of selling groundwater as Poland Spring.

The New York Daily News (4/1, Braine, 2.22M) reports Nestlé “stood by its spring water designation for its signature bottled beverage even as a judge ruled that a lawsuit could proceed accusing the company of selling groundwater labeled Poland Spring.” According to a suit filed by consumers in eight states, “‘not one drop’ of Poland Spring water actually comes from a spring...especially since the spring of the same name in Maine dried up 50 years ago.”

Drug Safety

Annapolis, Maryland sues opioid industry.

The Baltimore Sun (3/29, Ohl, 776K). “The City of Annapolis filed a lawsuit seeking $400 million from pharmaceutical companies and local prescribers implicated in the opioid epidemic – and has retained a firm with ties to Mayor Gavin Buckley to litigate the case. Filed Feb. 26 by local attorney F. Joseph Gormley, the lawsuit names some of the country’s biggest pharmaceutical companies as participating in a campaign to obscure the dangers of opioids, while continuing to promote the drugs as safe or necessary.”

Prince William County, Virginia files lawsuit against opioid manufacturers, distributors. Inside NoVa (VA) (3/29). “Prince William County is the latest local governments to file a lawsuit against companies making money off opioids. The county filed a lawsuit March 27 against 15 opioid manufacturers, distributors and pharmacy businesses. The move followed a $270 million settlement reached Tuesday in a case brought by the state of Oklahoma against Purdue Pharma over its marketing of OxyContin.”

New York’s opioid lawsuit targets eight Sackler family members. The Wall Street Journal (3/29, Randazzo, Hopkins, Subscription Publication, 7.06M) reported it has reviewed portions of an amended lawsuit that seeks to hold eight members of the Sackler family, which owns the OxyContin (oxycodone hydrochloride) manufacturing firm Purdue Pharma, and other defendants accountable for contributing to opioid crisis-related problems in New York. Among other things, the lawsuit alleges that Richard Sackler sent emails which appeared to show a lack of empathy for people with a substance use disorder. The Journal added that drug makers, Purdue included, are subject to more than 1,600 lawsuits across the country.

DOJ moves to dismiss Gilead whistleblower lawsuit over HIV drugs.

Reuters (3/29, Raymond) reported that the US Justice Department (DOJ) on Thursday “moved to dismiss a closely watched whistleblower lawsuit accusing Gilead Sciences Inc of covertly arranging to have key ingredients for HIV medications made at a Chinese facility that had quality control issues.”

Bloomberg Law (3/29, Seiden, Subscription Publication) reported that the DOJ said that terminating the claims would save “scarce” government resources.

Law360 (3/29, Subscription Publication, 7K) provided additional coverage.

Medical Errors/Healthcare

Plaintiffs allege California women’s health center secretly recorded more than 1,800 patients.

The Hill (3/31, Daugherty, 3.85M) reports, “A lawsuit filed in California alleges a women’s health center secretly recorded appointments of more than 1,800 patients using hidden cameras.” The health center claims the secret recordings were part of an investigation “into whether an employee was stealing the anesthesia drug propofol from drug carts in the operating rooms,” according to a local news outlet.

Product Safety

Arizona man is latest person to die from exploding Takata airbags.

The AP (3/29, Krisher) reports that 55-year-old Arizona resident Armando Ortega became “the 16th [fatality] in the U.S. caused by the air bags” recalled by Takata Corp., “which can explode with too much force and hurl shrapnel into drivers and passengers.” Worldwide, “at least 24” people have been killed. The AP (3/29) also reports with a list of the deaths from Takata airbags since May 2009.

Reuters (3/29, Shepardson) reports Honda confirmed the death was due to an exploding Takata airbag inflator “after a joint inspection Friday with the National Highway Traffic Safety Administration.” Ortega died in June 2018 “after the crash of a 2002 Honda Civic in Buckeye, Arizona.”

Outlets reporting with similar coverage include the Detroit Bureau (3/29), Roadshow (3/29, Hyatt, 2.63M), Automotive News (3/29, 187K), and Cars (3/29, 1.43M).

Hawaii bill would ban flavored e-cigarette liquids, flavored tobacco products.

The AP (3/29, McAvoy) reported that Hawaii “is contemplating a new nicotine crackdown: outlawing flavored electronic cigarette liquids and flavored tobacco to combat a spike in teenage vaping.” A bill before the state Legislature specifically “would ban flavored e-cigarette liquids such as Maui Mango and Cookie Monsta, along with cloves and other flavored tobacco products, but it would exempt menthol cigarettes and vaping liquids.”

On its website, CNN (3/29, Prior, 86.01M) reported that “the Hawaii Public Health Institute submitted a list of 120 organizations supporting the legislation,” including the Hawaii chapter of the American Academy of Pediatrics. CNN added that Food and Drug Administration Commissioner Scott Gottlieb “announced federal-level plans aimed at preventing a new generation from getting addicted to nicotine” last November, saying that the agency aimed to “combat youth access and appeal with a policy framework that firmly and directly addresses the core of the epidemic – flavors.”

Percentage of people who think e-cigarettes equally, more harmful than cigarettes increasing, study suggests. U.S. News & World Report (3/29, Newman, 2.54M) said “the shares of U.S. adults who perceive e-cigarettes to be as harmful as or more harmful than traditional cigarettes have notably increased in recent years, a new study finds, raising concern some smokers may be deterred from switching to electronic devices that in the short term appear to be a healthier option.” For the study, researchers “analyzed data from two large, nationally representative surveys that dealt with attitudes and perceptions surrounding e-cigarette products.” Researchers “found that the proportion of adults in the U.S. who perceived e-cigarettes as less harmful than cigarettes declined – from 39.4 percent in 2012 to 33.9 percent in 2017 in one, and from 50.7 percent in 2012 to 34.5 percent in 2017 in the other.”

MD Magazine (3/29, Kaltwasser) reported that the study suggests “the percentage of people who believe e-cigarettes are equally harmful to cigarettes increased substantially (from 11.5% to 36.4% in TPRPS [Tobacco Products and Risk Perceptions Surveys]), as did the number of people who believe e-cigarettes are more harmful than cigarettes (from 2.8% to 9.9% in HINTS [Health Information National Trends Surveys]).” Although “e-cigarettes have not been around long enough for scientists to fully understand the long-term health impacts of e-cigarette use, many public health agencies – including the Centers for Disease Control and Prevention – generally say e-cigarettes are somewhat less dangerous than cigarettes, even though they are still bad for the smoker’s health.” The findings were published in JAMA Network Open.

HealthDay (3/29, Reinberg, 23K) also reported on the study.

At least 20 Kentuckians sickened by E. coli from unknown source.

The Louisville (KY) Courier-Journal (3/29, Trautmann, 388K) reported that “at least 20 Kentuckians have been sickened” by “a strain of E. coli bacteria, but the source of the outbreak hasn’t been identified, the Kentucky Department for Public Health announced Friday.” Public health officials “suspect that some sort of food distribution is likely to blame for the sometimes life-threatening bacteria.” So far, “no deaths linked to the outbreak have been reported but six people have been hospitalized.”

Volkswagen recalls more than 56,000 cars, SUVs over rear coil springs.

The AP (3/29) reported that Volkswagen will recall “over 56,000 cars and SUVs in the U.S. because the rear coil springs can break without warning and cause people to lose control of their vehicles.” The AP added that according to documents posted by the National Highway Traffic Safety Administration on Thursday, “the recall covers certain 2015 through 2019 Golf hatchbacks, the 2017 through 2019 Golf Sportwagen, the 2019 Jetta sedan and 2018 and 2019 Tiguan SUV.”

Hyundai to recall 20,000 Veloster cars over engine problem.

The AP (3/29, Krisher) reported “Hyundai has found a new problem that can cause its car engines to fail or catch fire, issuing yet another recall to fix problems that have affected more than 6 million vehicles during the past 3 ½ years.” The AP said Hyundai “is recalling about 20,000 Veloster cars in the U.S. and Canada” from the 2013 model year with 1.6-liter engines “because fuel can prematurely ignite in the cylinders around the pistons,” which “can cause excessive pressure and damage the engine, causing vehicles to stall and in some cases catch fire, according to Hyundai documents posted Friday by the U.S. National Highway Traffic Safety Administration.” According to the AP, this problem is “different...from what has caused the rest of the recalls since 2015 from Hyundai and its affiliated automaker Kia, which have been plagued by engine failures and fires across the U.S.”

Also in the News

Mulvaney: Mueller meant for Barr to rule on obstruction.

Politico (3/31, Forgey, 3.05M) reports Acting Chief of Staff Mulvaney “claimed Sunday that special counsel Robert Mueller intended for Attorney General William Barr to determine whether President Donald Trump obstructed justice in the FBI’s investigation into Russian election interference.”

On ABC’s This Week , Mulvaney said, “From the very beginning, we have said that Mr. Barr gets to handle it. That’s how the law works. Mr. Barr made it clear that he’s going to release it to Congress before he shows it to us. That’s his decision. We’ll let the system work. Keep in mind, this is an extremely thorough report. It took two years, hundreds of people, thousands of subpoenas. It worked the way it was supposed to work. We don’t think it should have taken place in first place, but since it did, we’re glad it’s as thorough as it was. It said there was no collusion or obstruction. We’re happy that it’s over.”

Cohen disputed Russian links, other conspiracies during House testimony. The Washington Times (3/31, Scarborough, 677K) reports the President’s former lawyer, Michael Cohen, is “unique in the number of conspiracies imprinted on him by Democrats. The tales are not confined to his legendary secret trip to Prague for which no public evidence has emerged and for which he has denied repeatedly at the risk of perjury.” The Times says they also include secret trips to Prague, “his father-in-law is a rich Russian land developer,” a “secret computer server tied directly to Russian oligarch bankers,” and “a Trump love child.” The Times notes that in a 2017 interview, Cohen said, “This whole thing is just nonsense.” During his closed House hearing that year, he said, Democrats, among other things, “accused him of owning multiple passports and implied that he used one of them to enter Prague.”

Democrats demand release of full Mueller report before mid-April. USA Today (3/31, Jansen, 15.2M) reports Barr is “reviewing Mueller’s final report and said he hopes to reveal much of it by mid-April. House Democrats want it sooner. They signaled that their biggest fight won’t be over how quickly they can read the report but whether they get access to some of the evidence Mueller gathered that did not lead to criminal charges.”

Judge weighs whether advancing NSA suit will harm national security.

Courthouse News (3/29, Iovino) reported US District Judge Jeffry White “signaled Friday that he may end more than a decade of litigation over the government’s mass surveillance program because advancing the lawsuit could threaten national security.” White said, “The court is concerned that it has reached the point that further litigation poses a not insignificant risk of disclosure of national security information and resulting grave harm to national security.”

Friday's Lead Stories

• Boeing faces lawsuit on behalf of crash victim.
• Judge says some claims in Bayer Essure contraceptive lawsuit are barred by statute of limitations.
• Volkswagen recalling 56,000 cars, SUVs over issue with rear coil springs.
• Democrats blast Barr after revelation that Mueller’s report is more than 300 pages.

New Smoke Alarm Law Takes Effect On April 1

localedge@digitalproductsuite.com — Mon, 01 Apr 2019 12:27:13 GMT

New law will ban the sale of devices with removeable batteries.

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.wgrz.com_mobile_article_news_local_new-2Dsmoke-2Dalarm-2Dlaw-2Dtakes-2Deffect-2Don-2Dapril-2D1_71-2Dd15d82f2-2D715f-2D4cfa-2D9abc-2Deef02c67b6d3&d=DwIFAg&c=B73tqXN8Ec0ocRmZHMCntw&r=vAnnI1kUha-iLm48u9CHZwrlhD7skiarNvw2vdvDbL6CWqCfgpv-SmkidWQrsY_G&m=rKYAERSOI2UQQrYsTlCZ7un39vcGCC7u4VQwSZgrlQ4&s=7tdZ_ciNu7QnZMY3rD9voZYiEr8rBQpniuh-PeLmkBU&e

(Via WGRZ-Buffalo)

Speaking to the Men’s Group at Shir Shalom

localedge@digitalproductsuite.com — Mon, 18 Mar 2019 12:44:49 GMT

On March 10, 2019, I spoke to the Men’s Group at Temple Shir Shalom. Being wintertime, I titled the presentation, “Slip and Fall?: Your Rights and Obligations In the Wintertime”. I created a power point presentation to cover the relevant legal issues in these types of cases. The power point helped to form an informative and well-received talk. I explained the legal issues that form the basis for a claim against a landowner and even a snow plow company. We talked about the essential considerations to establish the concept of liability: foreseeability, notice, burden to treat the condition, the risk of injury, comparative fault, and “storm in progress”. Foreseeability relates to reasonably anticipating a problem. Notice relates to the length of time the condition exists, or the owner’s knowledge that the condition exists.

Comparative fault is always relevant. For example, if the condition is open and obvious we talked about whether blame can be shared. I explained that ongoing storms provide an excuse to delay treatment for a reasonable amount of time after bad weather stops. I used entertaining videos, scene photographs, legal case quotes, cartoon images, and medical illustrations to support the presentation. I answered questions to real life situations putting these concepts into perspective. Did you know that the Amherst town ordinance puts responsibility to maintain sidewalks fronting property on the landowner? We covered the issues from both points of view: the property owner and the injured claimant. As favors for coming, I gave the attendees Small Law firm pens and spiral notebooks. All in all, everyone was able to walk away with some important and useful pieces of information – just in case!

Grief Has No Borders: The Funeral of G’Shawn, Cianna and Briana

localedge@digitalproductsuite.com — Mon, 07 Jan 2019 14:06:36 GMT

Grief ran through every person of every filled chair and every filled row of the True Bethel Baptist Church. Tears dripped down the cheeks of most in every filled chair of every filled row. Kleenex boxes emptied. The people made their love for Briana, G’shawn, and Cianna clear. The fact is grief has no borders. Grief crosses all cultures, races, religions, ethnicities, and socio-economic status.

The family and friends of these three young people who died in the Shirley Avenue house fire came together in a powerful and spiritual way the likes I have never seen in person. I observed a hurting family and witnessed the early stages of the healing process. I saw soulfulness, peacefulness, loveliness, spirituality, bonding, and the will of people rich with empathy. There was hand-clapping, words of kindness, and song. For me personally, this was eye-opening and gut-wrenching. I had not been to a funeral at this church before. It was heartfelt in a time of darkness.

I am a white, Jewish male who lives in the suburbs. Professionally as an attorney, I represent many members of the African American community. But seeing with my own eyes and listening with my own ears to the words offered by friends, relatives, and the Bishop Darius Pridgen, was unique, enlightening and engaging.

Bishop Pridgen preached and the congregation responded with the sound of approval. He implored the people not to question the cause of this tragedy without knowing the facts, not to speak without the facts, not to judge in hindsight, and not to blame those undeserving of blame. Rather, this type of tragedy is God’s choice because these are his children. It is out of your hands. But it still hurts.

Not that I would have thought otherwise, but it is clear love and grief hath no borders. As Bishop Pridgen said, “you never have to meet a baby for your heart to break.” It just breaks. He spoke about Job. Job was prosperous, respected, and loving. Then he lost everything. But it was the loss of his children that truly broke him. Take my clothes, my job, my house – but don’t mess with my babies. One cannot fathom sitting in the front row of a church staring at the caskets of your children. The very thought shakes you to the core.

That is what Shawniqua and her family did today. That is what the congregation at True Bethel did today. They buried two of their children and their sister. Gut-wrenching. It reminded me that we share a common bond: the love for our children.

The tears and sorrow were too much to watch. But without question, the African American community was there to lift them up and hold them tight while Shawniqua, her family, and friends navigate a path to a more peaceful place.

Puerto Rico Hurricane Relief at Transit Middle School in Williamsville

proadAccountId-187997 (Mark Nowak) — Tue, 24 Oct 2017 14:49:21 GMT

A big CONGRATULATIONS to Jordan Winter for her donation to Puerto Rico Hurricane Relief at Transit Middle School in Williamsville, New York. Jordan organized a fundraiser and raised $300 by selling drinks and playing games in her neighborhood. She then bought and donated $300 worth of Walmart gift cards and gave them to the school fund raiser. Jordan is a 3rd Grader in Hamburg, New York. Way to go, Jordan!

Small Law Firm Assists with Bed Sore Cases

proadAccountId-187997 (Mark Nowak) — Wed, 04 Oct 2017 19:21:22 GMT

Bedsores

A bedsore can result from a lack of movement in bedridden patients. When there is too much pressure on an area where bones protrude, such as the hips or tailbone, sensitive areas may develop in the skin around the irritated area. Like with burn injuries, there are different stages of bedsores, depending on how long they have had to develop and the severity of the damage.

Stage 1 bedsores are not yet open wounds, though the damaged skin will likely be red and may feel painful and warm to the touch.

At Stage 2 , bedsores will have broken open, or may look like a scrape or blister. They may also develop into painful ulcers, sometimes causing areas of the damaged skin to die.

Stage 3 bedsores will have significantly worsened in appearance and will likely be even more painful. The soft tissue under the skin will be damaged, leaving the injured area with crater-like open sores.

Lastly, Stage 4 bedsores will be very deep, usually reaching muscle or bone. At this point, the damage is often so severe that the patient may not even feel the pain because the damaged tissue has died.

While bedsores may develop anywhere a person regularly rests their weight, they occur more frequently along the spine, on the buttocks area, shoulder blades, the back of the head, or the hips. Bedsores may also lead to other serious complications, including infections.

In very severe cases, some infections may require surgeries, or skin or muscle grafts.

How Does a Bedsore Develop?

The Centers for Disease Control and Prevention says that as many as 1 out of every 10 nursing home residents suffer from bedsores. These painful ulcers develop when a bedridden person is not repositioned enough. This may happen if a nursing home staff member or care provider neglects his or her patients. Whether the patient spends the majority of his or her time on the couch, in bed, or in a wheelchair, it is crucial to stimulate movement or reposition frequently in order to prevent bedsores.

Who Is Liable?

If a nurse, doctor, or caretaker does not give bedridden patients frequent attention, bedsores may develop. Patients at risk for bedsores should be provided with foam padding or pillows to alleviate pressure, should always have clean, dry clothing and bedding, and should receive close attention.

In some cases, bedsores may develop even when patients receive proper care. However, even if the patient developed the sores while receiving suitable consideration, the caretaker should still see to it that the nursing home patient receives medical attention to prevent the condition from worsening. Failure to monitor residents is as much a fault as causing the injury in the first place.

Making a Claim for Nursing Home Abuse and Neglect

Bedsores can be very painful. In some cases, bed sores can develop into serious infections. If you find your loved one has developed a bedsore, and you suspect the nursing home they reside in is at fault, you may have a personal injury claim. We may be able to help you recover compensation for damages, including medical bills and pain and suffering. Call us for assistance.

Settlement with the Federal Government

proadAccountId-187997 (Mark Nowak) — Mon, 18 Sep 2017 19:24:11 GMT

The federal government agreed to settle a lawsuit stemming from an accident involving a U.S. Customs and Patrol agent. In 2014, our client was involved in a three - car crash on the Thruway in Cheektowaga. The agent took his eyes off the road and rear-ended another car which then struck our client's car. She was seriously hurt as a result. The injury resulted in a cervical (neck) fusion surgery, significant pain, and years of past and future wage loss. She was previously an office manager for a local carpet cleaning company. Although the government did not admit fault, the agent was clearly responsible. Furthermore, the government paid $490,000.00 to resolve the claim right before trial.

Brian Alterio Lectures On Supplemental Needs Trusts for Erie County Bar Association

proadAccountId-187997 (Mark Nowak) — Thu, 17 Aug 2017 18:29:17 GMT

On August 16th, 2017, Brian Alterio presented at the Continuing Legal Education (CLE) Noonday Lecture for the Erie County Bar Association. The lecture was entitled, “Supplemental Needs Trusts For Personal Injury Attorneys”. The lecture was attended by many attorneys interested in learning about how a supplemental needs trust can help their clients in this situation.

A Supplemental Needs Trust (SNT) enables a person to maintain eligibility for needs-based government benefits, including SSI and/or Medicaid, when there is a personal injury settlement or verdict. The purpose of the Supplemental Needs Trust is to benefit from the settlement without effecting his or her eligibility for the needs-based programs.

In other words, if a person who receives SSI or Medicaid is injured in a car accident, or as a result of the negligence of another person or company, a SNT will protect the settlement proceeds from interrupting the claimant’s benefits.

Since receipt of personal injury proceeds can effect eligibility for needs-based programs, your attorney needs to understands the benefits of a trust. We regularly engage the expertise of others in the field to assist in establishing and administering the SNT. There is a cost to establish the SNT based on the amount of money involved in the trust. The proceeds may be deposited in a “pool trust” or an “individual trust”. Then, the administrator will allow certain purchases according to the statute. Simply, the trust may be used to pay some expenses but not others.

We understand the need to protect these benefits and are fully committed to obtaining the best results. Don’t forget, a Small Firm can make a Big Difference.

IF YOU CARE, THEY'LL CARE!

proadAccountId-187997 (Mark Nowak) — Thu, 10 Aug 2017 14:20:25 GMT

We address both nursing home abuse and neglect cases. Each are actionable. Though similar, “neglect” reflects the failure to provide reasonable care or the violation of a policy or standard of care. Neglect may involve the failure to pay attention, the failure to provide regular assistance with hygiene, the failure to feed and nourish, or the failure to provide medical attention resulting in bed sores or infections, or to treat conditions such as cognitive deficits, diabetes, or the inability to walk independently.

Family members or friends who visit must be aware of the warning signs though they may be difficult to detect. If the resident appears to have lost weight, exhibits bed sores, shows bruising, signs of malnutrition, or behavioral changes, then you should make a report with the nursing staff. In fact, it should be reported immediately.

Some things you can do to prevent nursing home neglect includes ensuring that high risk patients are identified to prevent fall-downs. You can also make sure their mattress is clean and fits the bed frame properly to prevent suffocation.

Frequent visits by family and friends will help to reduce the possibility of neglect.

IF YOU CARE, THEY’LL CARE!

Buffalo History Museum

proadAccountId-187997 (Mark Nowak) — Thu, 10 Aug 2017 14:19:46 GMT

I was so excited to finally visit the Buffalo History Museum on Elmwood Avenue in Buffalo, NY. I had visions of enlarged, mounted, black and white photographs of old Buffalo, the grain silos, the Erie Canal, and old Main Street. I love seeing the old photos and trying to figure out what’s still there and what’s not, what has changed, and what’s been built in its place. I think it’s fascinating to see the throngs of crowds lined up along Main Street watching parades go by. I thought I would see those kinds of things in the museum. Where else would I see them? I guess I presumed there would be a few hung in the history museum.

Last week I went to the museum and paid the $7.00 general admission. I was told there were some exhibits on the first floor, some exhibits on the second floor, and some exhibits in the basement. When I entered the first floor, I appreciated the marble floors, strong columns, and glass windows. But otherwise the room was practically empty. Maybe there were some WWII posters on the walls. There was nothing on the floor to look at. Upstairs, Tim Russert‘s exhibit is proudly intact. I spent 30 minutes taking that in and appreciating his contribution on the subjects he covered. Downstairs was a stale train set-up and dusty WWII momentos. Disappointed, I went to the desk and asked the nice attendant about old photos. She directed me to the gift shop. I still couldn’t find what I hoped to see: a pictorial of Buffalo on display. I have an idea that I hope to propose to the museum board in the near future that will help to raise money for the museum and bring some cool photos to display. That way the next time I visit, I’ll have something to see. Stay tuned.

SWEETHEARTS FOREVER

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:48:28 GMT

My name is Emily Kaznica and I was a client of Craig Small’s Law Firm. It came about when my husband Tony, to whom I was married for over 46 years, was involved in a car accident. On Friday, January 9, 2015, he was on his way home from the bank and while sitting at a red light, a driver slid out from a side street hitting Tony’s vehicle. Tony called me and told me about the accident. The police were called to document the incident. Tony started for home which was about 2 miles away when he got dizzy and hit a parked car. The people at the scene thought that Tony may have been drinking and called the police. I was at home and was unaware of the second accident until a neighbor-police officer brought Tony’s SUV home and told me the circumstances.

I went to the hospital where Tony was taken. He kept saying ”I’m dying” “I’m not going to leave this hospital alive”. A CAT scan revealed a brain bleed. He was transferred to the Medical Intensive Care Unit. By the second day, Tony needed surgery to reduce the bleeding on his brain. We were unable to talk to each other after that. There was a second and third surgery and several extensive tests. I started getting no-fault forms to complete…it was so overwhelming!

I was referred to the Small Law Firm to assist me with all the forms and phone calls regarding this matter. Craig and his staff were so kind and compassionate. He came to the hospital, met with me and took over completely. I could not have done it without his help.

After about three weeks, the doctors operated again placing a shunt in Tony’s brain to reduce the pressure. The surgery went well, however, Tony began having seizures. When I went to the hospital the next morning, a man walked into the room and said he was from Hospice. I asked him what he was doing there. I don’t remember exactly what he said and he walked out. After a few more days they told me that my husband was in a vegetative state and I needed to consider taking him off life support. My heart broke. We had promised that we would not let each other linger on life support if we were brain dead…I made the decision to let my best friend of almost 50 years go. After a few more days in the hospital, I had Tony transferred to the Hospice on Como Park Blvd. which was closer to our home. He left me on Saturday February 14, 2015 at 8:30 A.M.

Throughout those sad weeks and almost 2 years later Tony’s cases were finally settled. Craig Small was always there for me. When I cried, he did his best to comfort me. He made it convenient for me in many ways. I would highly recommend The Craig Small Law Firm to anyone who wants an attorney who really cares.

Thank you Craig Small and support staff!

ADAPTIVE EQUIPMENT FOR THE BLIND/VISUALLY IMPAIRED

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:47:28 GMT

Blind/visually impaired people are perhaps the most patronized members of society. The historical misconception of blind/visually impaired people is that they are inferior and helpless. The public often makes false assumptions about blind people-for example: they are not intelligent or are unable to take care of themselves.

Organization is key to any blind person living independently or with someone. Safety is a priority! In order to cook, clean and do laundry, the dials on your appliances would need to be marked. Braille tags, rubber bands, and raised dots can be used to identify food, clothing, and containers.

Having things where they belong can reduce frustration when you are trying to locate items. Putting things in the same place reduces the risk of possibly knocking things over and having an unnecessary clean up.

Here are some different types of equipment used by blind/visually impaired individuals to increase and enhance their independence at home and in the community.

Many items that the blind/visually impaired use have voice synthesizers. There are talking clocks, watches, scales, computers, calculators, etc. This also includes medical equipment such as thermometers and blood pressure cuffs.

Although many people who are blind/visually impaired have different methods of folding their currency, there is a device that will read the denominations of paper money. It is called the iBill Talking Money Identifier. There is another device that will tell you the color of items such as clothing, linens, bedding etc. It will also indicate if there is a light on in the room. This is called a Color Identifier-Light Detector.

There are playing cards, games, books, and magazines that have been adapted for the blind/visually impaired. Scanners are available to read printed materials; however, they are unable to read handwritten letters or correspondence.

As a Certified Rehabilitation Teacher for the Blind/Visually Impaired, I have taught individuals to utilize the above aids to develop skills and techniques to increase their independence in their daily life. Some of these skills include the use of a vacuum cleaner, sewing machine to make some basic stitches, thread a needle, and sew on a button.

As a person who is blind, I would like to be able to drive. I am waiting for the car that I can program to take me where and when I want to go!

I will leave you with a tip. I am sure that sometime in your life you have done laundry and washed your socks, and when they came out of the dryer you were missing one. I have told people that when they die they will be reunited with their missing socks. I am just kidding. Just pin your socks together, wash and dry them, and you will never lose a sock again. However, you may lose a pair.

Some of the items mentioned in this article are available through Maxiaids at www.maxiaids.com

I Am Blind, My Daughter Is Deaf

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:46:28 GMT

By Emily Kaznica

My husband Tony and I were married about three years when we found out we were going to have our second child. Tony Jr. w as named after his father and we hoped to the end of the pregnancy that we would have a baby girl. This was before the age of sonograms.

Angela Joy was born on July 19, 1971 and we couldn’t have been happier. Unfortunately, four days later we found out that our beautiful baby girl had contracted bacterial spinal meningitis. She might not live through the night.

Angela survived and we spent the next three weeks in the isolation unit at Children’s Hospital. We wore sterile gowns and could only touch our baby girl through openings in her tiny isolate.

Even though she lived, Angela endured several medical issues. At seven months of age, she was diagnosed with hydrocephalus and needed brain surgery. This involved inserting a shunt to remove the fluid from her brain and draining it into her stomach.

Although delayed in her development, we found out at three years old that Angela was deaf. She was evaluated and attended St. Mary's School for the Deaf. Angela was fitted for hearing aids. She liked them so much that one day we found them buried in the backyard.

When Angela was young, she had little fear of water or heights. Several times I had to pull her out of the water . I also followed her down slides and near cliffs when we would go to playgrounds or camping. I wonder how we survived.

Angela walked, ran, and wanted to play with the other kids in the neighborhood. That's when my real problems began. I could not see where she went, and she could not hear me call. One of her favorite places was my neighbor’s garage where three baby kittens were born. I believe I earned every gray hair that I color.

Tony and I did everything we could do to give Angela as normal a life as possible. Her father taught her how to ride a bike. I wanted to protect my daughter but she needed to experience life. Eventually she mastered the skill of swimming. She was able to hold her breath and stand on her hands underwater. She finally developed a rational fear of heights, so we no longer had to be afraid of her taking dangerous chances.

As a teenager, although she could not hear music, Angela loved to dance. Her favorite was the Bird Dance. She went to several proms and stood up in three weddings. She was on a bowling league for several years until her physical condition started to deteriorate when she was in her late twenties and early thirties.

As Angela aged, her illnesses took a toll. She had difficulty walking and later became a wheelchair user. Her functioning abilities decreased. She is now a quadriplegic living in an ASPIRE Group Home.

When they say that life holds no guarantees, they are not kidding. As my vision deteriorates, I call Angela each day at her group home. She expresses herself to a mother who cannot see her, and I speak to a daughter who can’t hear me.

Nevertheless, God has given me the strength to persevere. Life goes on. And now Angela and I both color our hair.

My next story will be about adaptive equipment for the blind/visually impaired.

Working Dogs and their Differences

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:45:07 GMT

Working Dogs and their Differences

By Emily Kaznica

As the former Executive Director of the Erie County Office for the Disabled, one of my duties was to provide information to the community on services pertaining to individuals with disabilities. My favorite training lesson involved “Working Dogs and their Differences”.

Have you ever seen a “working dog”? Years ago, when you saw a dog in a harness, you might have thought that this was a guide dog for the blind.

Today there are many types of “working dogs”. They come in different breeds, sizes, colors, and shapes.

There are dogs who assist people who are blind, deaf, seizure prone, para/quadraplegics, and autistic. Also, some people have emotional problems as well as other disabilities, and need a Service Dog in order to live independently in the community. Research is being conducted to discover dogs' abilities to detect many other types of illnesses/medical conditions.

In the field of law enforcement, dogs are used to detect bombs, narcotics, cadavers, and causes of arson. In addition, some officers/handlers might use an attack dog for protection when they are in dangerous situations. They are continuing to work with the dogs' keen sense of smell to further develop their abilities to detect many types of chemicals, odors and drugs.

You may see a Service Dog in a restaurant, church, store, airport, hospital, office building, on public transportation, etc. When you see one of these dogs, you should not attempt to pet or talk to that dog. You may distract the dog from doing its job, leading to a possible accident or injury to its owner/handler. You may ask about the dog, but you might not get the answer you were looking for. Every dog is different, and so are their owners. Some owners are friendly and welcome questions, while others might not want to be disturbed. So don't assume anything. Always ask, and don't take their response personally. Remember: like dogs, people have differences too.

Most of these service dogs come from various agencies. They are raised differently, have variations in the type and length of training, work with numerous reward methods, and develop skills in how they will interact in the community and with the public. These dogs work hard to please their owner/handler. These bright animals make their owners aware of their surroundings, possible imminent dangerous situations, have different feeding regimens, and are taught relevant commands to their particular job. They do not get paid, but they earn the love of their owner /handler and usually give that unconditional love back.

When it is time to retire, in most cases these wonderful dogs stay with their owner/handler. Like us, they enjoy the rest of their lives being a companion and a best friend.

Are Drivers Becoming Blind Sighted

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:43:57 GMT

Are Drivers Becoming Blind Sighted

Hi! My name is Emily and I am blind. I have a beautiful Yellow Labrador Retriever named Marla. She is my guide dog who I obtained through Guiding Eyes For the Blind. Where I live, there are signs that read "Blind Person Area." When the weather is permissible, we walk throughout the neighborhood.

The biggest obstacle we face is dealing with drivers backing out of their driveways. I believe that they either are not paying attention, or must be visually impaired like me.

In our travels, we have encountered individuals backing up without looking. We have been hit twice, and missed getting hit several times. The thing that really baffles me is that when the driver realizes that they almost hit us, they stop and ask me, "Didn't you see me?" or "I am sorry, I didn't see you." One time a woman asked me why my dog didn't bark to warn the driver. With whom does the responsibility lie?

I want you to know how important it is to look carefully when backing out of your driveway. I will not see you and my dog takes the commands from me. She will pull me away from danger, but cars move fast and, there might not be enough time to get out of the way safely. I cross streets in my travels and once again drivers try to turn down or pull out of the street without having the courtesy to give me - the blind person - or any other pedestrian - the right of way. Also, they do the same thing pulling in and out of their driveways. It is very scary when you can hear the car coming but you are not sure what they are doing.

During these winter months, people idle their cars in their driveways. I don't know whether they are in the vehicle or not, or if they are going to back up when I am walking on the sidewalk behind the car. Because we have been hit before, Marla is hesitant to proceed when we hear a car running. As a result, we usually wait until someone sees the situation and informs me whether or not it is safe to continue. This most certainly decreases my independence.

Turning right on red does not give you the right to go without considering your surroundings. This is another problem for people who cannot see. With the turning cars and the hybrid/quiet vehicles, I put my life in the hands of the drivers.

The moral of this story is: If you can drive a car, do it safely and watch for me, another blind person, a pedestrian or even a child. In the Vehicle and Traffic Law there is a section regarding backing out of your driveway. If you hit someone, you will have to live with the consequences. God has given you good sight which enables you to drive. Please use it wisely.

Drive Safely this Holiday Season

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:43:02 GMT

Personal Injury Attorney Representing Holiday Drivers in Buffalo, Niagara Falls and throughout Western New York

During the holiday season, the streets are crowded with people and traffic in Buffalo and the neighboring suburbs can be a nightmare. While some of the frustrations you experience as a driver are weather-related, others are related to the increase in traffic caused by holiday shoppers. During this time of year, the potential for heavy traffic and bad weather also brings a greater risk for car accidents .

According to the USA Today , the National Safety Council has determined that the Thanksgiving holiday weekend (including Black Friday), Christmas Eve, and Christmas Day are among the most dangerous holidays for travelers.

Although drinking plays a role in many motor vehicle accidents around the holidays, distracted driving , more vehicles on the road, and frantic holiday shopping can also turn a quick trip into a potential disaster.

Tips for Safe Driving During the Holidays

The following are a few reminders to enhance our safety on the road during the holidays:

1. Drinking and Driving .

As we know, drinking alcohol slows reaction time and impairs judgment - the essential skills needed to drive a car safely. The more alcohol you consume, the greater the impairment. Take a cab, call for a ride, or have a designated sober driver.

Walking home intoxicated is not a safe alternative to drinking and driving. Numerous pedestrian accidents occur during the holidays as well. The same impairment of your motor skills and judgment that makes drunk driving dangerous can make walking while intoxicated dangerous as well.

2. Slow down .

Allow plenty of time to get to your destination.

3. If drowsy, take a nap .

If you are planning to visit out-of-town or out-of-state family or friends during the holidays, make sure you map out a safe trip. Don’t over-extend yourself and try to drive too long of a distance at once. Take a break when feeling drowsy. Take advantage of rest stops. Drive defensively.

4. Texting and Driving is as dangerous as Drinking and Driving.

When you text, you take your eyes off the road. Even talking on the phone can be distracting. You can only do one well. Program your GPS prior to leaving or while stopped, never while you’re driving. Maybe ask your passenger to change the music. It only takes a moment to negatively impact your life and the lives of others.

If you or someone you love has been involved in a car accident, our firm is here to help. As one of Buffalo’s top-rated personal injury attorneys, Craig Small, is committed to providing an exceptional level of professionalism with the personalized attention you deserve.

Call the Small Law Firm for a free consultation at 716-847-2600 or Contact Us TODAY!

Children's Head Injuries Caused by Sports or Recreational Activity

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:41:15 GMT

Whether your child is involved in a recreational activity such as hockey, football, soccer, lacrosse, or any other sport, we encourage you to educate yourself and take steps to protect them.

Children’s injuries in school sports and recreational activities are common. Serious injuries often involve head trauma. Children may suffer head injuries in activities ranging from collisions during contact sports to falls from a swing or a slide.

Children who engage in sports or other physical activities should wear proper head protection. However, even with the proper head protection , a person can still suffer a concussion.

In essence, the helmet protects the skull but the brain floating inside the skull may still be traumatized by sudden extreme movement.

The American Academy of Orthopedic Surgeons advises that all athletes or participants, no matter what their age or skill level, wear a helmet when there is potential for a head injury, including:

• Football

• Hockey

• Baseball

• Skateboarding

• Skiing

• Snowboarding

• Bicycling

• Roller skating

• Ice skating

If you suspect your child has suffered a head trauma, take the injury seriously and seek immediate medical attention. It is easy to underestimate the serious nature of a concussion particularly when the child does not lose consciousness or “looks fine”. Of course, multiple concussions can have long-term effects.

In general terms, a concussion occurs when a person is hit in the head with such force that the brain moves inside the skull. Believe it or not, this is a “brain injury”. Symptoms include:

• Headache

• Dizziness and Blurred Vision

• Nausea and Vomiting

• Disorientation/Inability to Communicate

• Memory Loss

• Difficulty sleeping or concentrating

• Psychological symptoms include:

• Mood swings

• Depression

• Changes in personality

If your child suffers a concussion, call a pediatrician, go to MASH, Immediate Care, or an emergency room. Your child may be limited from participating in activities for a limited amount of time, or until a doctor allows your child to return to the activity.

Recent advances in medical technology allow for sophisticated studies of the brain to show what happens when an athlete is struck in the head. One recommendation is to participate in concussion testing before the sports season begins to obtain a “baseline measurement”. Some organizations offer “concussion testing” even before the season begins and before you have suffered a concussion. This helps to objectively measure any changes after the trauma occurs.

Many factors contribute to a head injury while engaged in active physical play, including a lack of adequate supervision, defective safety equipment, improperly maintained swings or slides, and other forms of negligence.

These injuries may be the result of substandard equipment, the failure of a school or organization to adequately supervise a recreational activity, or some other negligence. We represent many children in cases like these. Whether your child is involved in a recreational activity such as hockey, football, soccer, lacrosse, or any other sport, we encourage you to educate yourself and take steps to protect them.

If your child suffers a head injury, such as a concussion, contact Personal Injury Attorney Craig Z. Small of the Small Law Firm. Small Law Firm will investigate the situation and help, if possible.

No matter where you are located throughout the State of New York and Western New York, we are available to answer your questions. Call us for a Free Consultation at 716-847-2600 or visit us online at www.craigsmallny.com .

High Incidence of Medical Errors Lead to Death in the U.S.

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:38:33 GMT

In a recent article, the British Medical Journal made a claim that medical errors were now the third leading cause of death in the U.S . , behind only cancer and heart disease. It was reported that every year more than a quarter million people lose their lives as a result of medical errors, which is more than motor vehicles , firearms, and suicides combined . The Journal of Patient Safety has estimated that between 210,000 and 440,000 patients annually, who go to the hospital for care, suffer some type of preventable harm that contributes to their death.

It's a chilling reality, one often overlooked in annual mortality statistics, because “medical error” isn’t even listed as an official cause of death on International Classification of Disease (ICD) billing codes, and death certificate causes of death must cite these billing codes.

Medical error has traditionally been defined as an unintended act (either of omission or commission) or one that does not achieve its intended outcome; the failure of a planned action to be completed as intended (an error of execution); the use of a wrong plan to achieve an aim (an error of planning); or a deviation from the process of care that may or may not cause harm to the patient.

How can someone avoid being a victim of a medical error? See the following tips by experts:

Always bring a friend or family member along in a medical setting to ask questions
Make sure to ask about any type of medication you are given
Never be afraid to ask questions of your health professional if you feel something is not correct or would like further explanation on an issue.

When a medical error occurs that leads to a serious injury or death, the victim or the family should speak with an experienced attorney to learn about the options available to them. Craig Small of the Small Law Firm has been very successful at holding health care providers (hospitals, doctors, nurses, and others) accountable for medical mistakes or negligent care provided in Buffalo, NY and the surrounding areas.

If you feel that you or a loved one has been harmed in any way as a result of a medical error or medical negligence, please call the Small Law Firm at 716-847-2600 or go to www.smallaw.com for more information.

TWELVE Ways to Avoid an Accident or Injury While Boating

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:36:24 GMT

At this time of year, the many boat owners of Western New York are out enjoying the beautiful bodies of water we have in and around Buffalo. Unfortunately, many injuries occur each summer from boating accidents. Most of these injuries can be avoided by following good common sense precautions and by following New York State’s boating regulations.

According to the “ New York State 2012 Recreational Boating Report ” compiled by New York States Office of Parks, Recreation & Historic Preservation, as of December 31st, 2012, there were 463,539 vessels registered in the state. During 2012, the report revealed that there were:

· 241 Reported Accidents

· 126 Injuries

· 26 Fatalities

TWELVE Ways to Avoid an Accident or Injury While Boating

Wear a life jacket while on a boat. The Coast Guard suggests that nearly 80% of all boating fatalities might have been prevented had the victims been wearing a life jacket. A properly donned life jacket is the surest wat to ensure survival in a boating accident.
Don’t drink and drive drunk. Alcohol is the leading cause of fatal boating accidents in New York State. Between 2005 and 2012, alcohol use was found to be a primary contributing factor in 38 boating accident fatalities. New York allows open containers in a boat but you may be checked for intoxication. Canada does not allow open containers on board.
Keep an emergency radio or charged cellular phone on board. In case of an emergency, you should have a way to call for help.
Take a Power Squadron boating safety course. The best way to understand as much about boating as you can before heading out is to take a safe boating class. Find a safe boating class near you .
Keep required safety equipment on board. Be sure that you have a life jacket for each person on board, a fire extinguisher, a visual distress signal, flares, a first aid kit, and even extra fuel, just in case.
Draft a float plan . Complete a float plan before going out on your boat, and leave it with someone reliable. If you don’t return as scheduled, your friend can notify the Coast Guard or local authorities if necessary.
Avoid boating at night. However, if you are out late, make sure you know where you are going, use proper charts or GPS, make sure that your lights are working, and proceed with caution.
Keep your eyes on the water and pay attention when operating your boat. Operator inattention is one of the most common causes for all boating accidents. Watch for swimmers, kayaks, scuba divers, jet skis, or other small water craft.
Check the Weather. The weather on the lakes and river around Buffalo, NY can change in a moments notice. Make sure you check the weather frequently for any changes in the forecast.
Keep the boat in good condition. Check the fuel, oil level, lights, condition of boat lines, bumpers, bilge for excessive water, batteries, and make sure you have adequate food and water aboard. A properly maintained boat will allow you to avoid a serious injury or death. Did you know that you can have a free vessel safety check by the US Coast Guard Auxiliary ?
Purchase a GPS. Invest in a GPS or good charts to help you avoid shoals or shallow water.
Watch your speed! Speeding on the water is just as dangerous as it is on the road. It’s also against the law.

If you are the victim of a boating accident and you need legal representation, please call personal injury attorney Craig Z. Small of the Small Law Firm at 716-847-2600 or go to www.smallaw.com for more information.

Enjoy your summer and your boat! Just remember to follow these important safety tips to avoid personal injury in a boating accident in Buffalo and throughout Western New York. Have fun and be safe!

What to do Following a Motorcycle Accident in Buffalo

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 12:32:38 GMT

Most motorcycle accidents occur as a result of a collision with other cars or trucks.

Motorcycle accidents are a common occurrence in Buffalo. Like the millions of Americans who own and ride motorcycles regularly throughout the U.S., our region is very popular with motorcyclists. And, with so many bikes on the roads in Western New York, the number of collisions are high. In the United States, there are over 8 million motorcycles on the roadways. Being on the open road can be invigorating and exciting but riding a bike can also be very dangerous, far more dangerous than riding in a car. Maintaining control is more difficult on two wheels, and when collisions happen, motorcyclists are at greater risk of serious injury or death because they don't have an enclosed vehicle or safety belts for protection.

A motorcyclist is 26 times more likely to die in a traffic accident than a passenger of a car. According to the Insurance Institute for Highway Safety , more than 40,000 motorcyclists died in crashes and over 88,000 were injured in the year 2013. Sadly we have had several fatal motorcycle accidents already in the early part of the 2016 bike riding season. On the same day just last month, a Buffalo man died in a motorcycle accident in the city and, in a separate accident, a motorcyclist was seriously injured in North Tonawanda.

Buffalo motorcycle accidents have common causes

Most motorcycle accidents in Buffalo , and the surrounding areas, occur as a result of a collision with other cars or trucks. Motorcycles are often hard to see on roads because of their size and height. There are several other common causes of motorcycle accidents, which include: drivers changing lanes without looking to see if a motorcycle is in their path, or drivers making turns without checking to see if the road is clear first, or failing to yield the right-of-way to motorcycle riders. Motorcycle accidents can also happen when either drivers or motorcycle riders are drunk, drowsy, speeding, distracted, or not following the rules of the road.

The use of a helmet is extremely important, as head injuries are very common among injured motorcyclists. Many states, including New York State, have implemented laws that require motorcyclists to wear proper helmets compliant with Federal Motor Vehicle Safety Standards. Helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries. In 2008, 1,829 motorcyclists nationwide were saved by wearing their helmets . Even with the use of a helmet, a motorcyclist’s life can be seriously affected as a result of an accident.

When someone is injured in a Buffalo motorcycle accident, what should you do?

Following a motorcycle accident, it is crucial to get proper medical treatment, regardless of cost. Visit a local emergency room for a medical evaluation. Some of the areas major hospitals include:

The injured person should also contact their insurance company as soon as possible to find out how their medical treatment is covered under their insurance policy. A motorcycle insurance policy will often have unique provisions so it's important to review the policy with their insurance agent for clarification on coverage.

When a motorcycle accident is serious or fatal, it's important to obtain an experienced Buffalo motorcycle crash lawyer

If you get into a motorcycle accident, you can recover compensation for the crash if you can prove another driver was negligent causing the collision. It is important to find an expert motorcycle accident attorney to represent you, like Craig Z. Small, of the Small Law Firm , who will fight passionately on your behalf.

With over 21 years of experience handing motorcycle accident claims, we will guide you through the legal process while providing you the personal attention you would expect and deserve from a small law office. If there is no recovery, then there is no fee. Call Buffalo motorcycle accident lawyer Craig Small for a free consultation. Call (716) 847-2600 or Contact Us today!

Choose an Experienced Car Accident Attorney

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 11:10:41 GMT

Personal injury attorney Craig Small is an experienced car accident lawyer with over 21 years of experience.

A car accident attorney focuses his practice on the issues involved in an automobile collision. An automobile crash attorney knows the relevant laws, regulations, and protocols. When you are involved in a crash and need help putting the pieces together, or if you're having difficulty with the insurance company, you should call an experienced car injury attorney. The lawyer can help:

Tell you what type of evidence is necessary to support your claim
Analyze the available insurance coverages
Make recommendations relative to treatment for your injuries
Establish no-fault to pay your medical expenses, wage loss, and out of pocket expenses
Assist in the collision coverage on your damaged vehicle
File a bodily injury claim against the driver that caused the collision
Negotiate the claim with the insurance company
Work to get the compensation that the law of the State of New York allows for

Sadly, car accidents are the leading cause of death to young people. Most accidents are usually caused by drunk drivers , road hazards, weather hazards , and reckless or distracted drivers who don’t obey traffic and safety rules. In addition, innocent pedestrians can also become victims of bad driving. Incredibly, in 2013, 4,735 pedestrians were killed in traffic crashes in the United States.

If you or someone you know has this experience such an injury and need the help of an experienced Buffalo car accident attorney, the laws are written to protect you and your family. You may be allowed money to make up for the set-backs caused by another’s negligence.

Attorney Craig Small, of the Small Law Firm , has over 21 years of experience handing car accident claims and many other forms of personal injury cases in Buffalo and the surrounding areas. He guides you through the legal process while providing you the personal attention you would expect from a small law office. Attorney Small approaches each case fully prepared to go to trial. Many cases, however, can successfully be resolved prior to trial.

Call car accident attorney Craig Small for a free consultation. CALL (716) 847-2600 or Contact Us TODAY! If there is no insurance recovery, then there is no attorney fee.

Have You Been “Doored” On a Bicycle?

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 11:07:59 GMT

Bicyclists traveling in and around the City are steadily increasing especially since the relatively recent resurgence of Buffalo . The City is encouraging bicycle riding by installing more bike racks, many additional miles of bike lanes each year, and hiring a consultant to craft a master plan for bicycling in Buffalo . As a result, with more bicycles sharing the roadways with automobiles, there is an increased risk of “dooring”- the act of a cyclist striking a suddenly opened car door .

“ Dooring ” is a significant danger for cyclists, especially in the City, where there is little room between the moving bike and the parked cars. When a parked car door opens suddenly in their path of travel, a bicyclist can suffer a severe injury. Any parked vehicle passed by a cyclist is a potential threat to that rider.

Your best defense is to look ahead and be aware . If possible, ride 3 – 4 feet from parked cars, taking the travel lane, if necessary and safe. Be prepared to stop suddenly in an emergency.

Sadly, even with some of the most cautious and experienced riders, doorings have become a common occurrence in Buffalo and make up a significant percentage of bicycling accidents . If you have suffered an injury because of a car dooring collision, you may be eligible to make a claim for compensation depending upon your injuries.

In New York State, Article 33-New York Vehicle & Traffic Law, Section 1214 states "opening and closing vehicle doors – "No person shall open the door of a motor vehicle on the side available to moving traffic, until it is reasonably safe to do so and can be done without interfering with the movement of other traffic , nor shall a person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

What should you do if you’ve been “doored”?

Call 911.
Contact the police. Obtain all of the accident information before leaving the scene including the name of the driver and any passengers, insurance information, and license plate.
Seek immediate medical attention, if necessary.
If possible, record the names and phone numbers of witnesses.
Consult an experienced bicycle injury attorney as soon as possible.

If you or someone you know has suffered an injury as a result of a “dooring” accident, you may be entitled to compensation. Contact experienced bicycle accident attorney Craig Small of the Small Law Firm at 716-847-2600 or Contact Us online today for a free and confidential consultation.

Construction Accident Injuries in Buffalo

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 11:05:33 GMT

Construction accident injuries due to the negligence of another person should be handled by an experienced personal injury attorney.

Construction Accident Injuries

Working on a construction site can be dangerous. In fact, the injury and fatality rates for construction workers leads the list in the private labor sector. According to the Occupational Safety and Health Administration (OSHA), there were 4,251 worker fatalities in the private industry in 2014. Of those, 874, or 20.5%, occurred on a construction site.

Additional data indicates that more than 4.1 million workers suffer a serious job-related injury or illness each year . Despite OSHA, whose purpose is to ensure that all Americans are provided a hazard free workplace, potential dangers are still commonplace on construction sites.

Injuries also result from:

Falls from ladders, scaffoldings , or roofs
Slips and falls
Electrocution
Crane accidents
Communication errors
Unsafe equipment
Structure failure
Defective machinery
Defective or unsafe tools
Falling objects
and many others...

A construction accident injury can include burns, loss of vision, fractured or loss of limbs, back and spinal cord injuries, traumatic brain injuries, and even death.

Workers compensation benefits , often pay medical bills, lost wages, and other expenses but not pain and suffering. Under New York’s Labor Law, certain elements of compensation may be recovered from a general contractor, property owner, or someone other than your primary employer that caused your injuries. This may result in a third-party lawsuit. Such cases require the skill of an experienced construction accident attorney.

If you are a construction worker inured on-the-job or if you or someone you know is injured due to the negligence of another person on a construction site, contact personal injury attorney Craig Small to discuss your options for recovery. He has over 20 years of experience, determination and the resources needed for victims and their families to recover financially in the wake of a serious accident.

Call the Small Law Firm at (716) 847-2600 to schedule your free initial consultation or Contact Us online today.

Distracted Driving Accidents in Buffalo

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 11:03:17 GMT

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Distracted Driving Accidents in Buffalo

Distracted driving has become a serious threat to the safety of all drivers and their passengers. The moment you take your eyes off the road, you increase the risk for injury, disability and even death for yourself, other drivers, passengers and pedestrians. Simply put, distracted driving causes accidents .

Distracted driving comes in many forms but an Official US Government Website for Distracted Driving describes it as “any activity that could divert a person's attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety.” These types of distractions include:

Texting
Using a cell phone or smartphone
Eating and drinking
Talking to passengers
Grooming
Reading, including maps
Using a navigation system
Watching a video
Adjusting a radio, CD player, or MP3 player

Whatever the form of distraction, they are all dangerous. For many experts though, texting while driving is considered the most dangerous type of distraction. According to a government driver distraction study , five seconds is the average time your eyes are off the road while texting. When traveling at 55mph, that's enough time to cover the length of a football field blindfolded. At those speeds, collisions can often be fatal. As a result, many states, including New York, have passed tough distracted driving laws, like NEW YORK STATE'S MOBILE PHONE and PORTABLE ELECTRONIC DEVICE LAWS.

Despite these laws, distracted driving accidents in Buffalo still occur with startling regularity. These accidents can result in single or multi- auto accidents , truck accidents , motorcycle accidents , and at times there’s the possibility of a hit and run accident . In any case, these accidents are caused directly by driver negligence which could have been prevented.

If you know someone who was injured in an accident where the other driver was texting or talking on a cellphone or was otherwise engaged in distracted driving, please contact attorney Craig Z. Small of the Small Law Firm. Attorney Craig Small is a skilled and experienced personal injury lawyer who can help you secure the full compensation you deserve.

Call the Small Law Firm today at (716) 847-2600 for a free consultation.

Truck Accident Injuries and Fatalities

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 10:59:08 GMT

One out of eight automotive accident fatalities involve large trucks such as big rigs, tractor trailers and other commercial vehicles.

Many trucks travel our streets and highways at all hours. As a result, accidents are common and often have catastrophic consequences.

According to studies, one out of eight automotive accident fatalities involve large trucks such as big rigs, tractor trailers and other commercial vehicles. Four percent of all injuries sustained in motor vehicle crashes are caused by large trucks. When a commercial truck is involved in an accident, 86 percent of fatalities and 77 percent of those injured are the drivers and passengers of the smaller vehicles involved in the crash.

There are many reasons highway accidents take place and why we see so many devastating injuries involving large trucks . Trucks lose control when a driver is:

Fatigued or falling asleep at the wheel
Speeding or aggressively driving
Using alcohol and/or drugs
Inadequately trained
Distracted or texting

If you find yourself in an accident with a tractor-trailer, there is a list of things you should do immediately .

What to do if you are involved in a tractor-trailer accident:

Call 9-1-1.
Get medical assistance.
Call your insurance company to report the accident.
Exchange information with those involved: eg., names, addresses, and phone numbers; license plates, make, model, and year of the vehicle; insurance information; car registration number; and driver’s license number).
Names, addresses, and phone numbers of witnesses.
Take pictures of the accident scene and damage to the vehicles.
Gather details from the accident: note the date and time; weather; location of the accident, and landmarks.
Call an experienced attorney, such as Craig Z. Small of the Small Law Firm .

Tractor-trailers are supposed to be operated by adequately trained and responsible drivers. However, when a truck driver causes an accident, those injured should be allowed compensation for the associated physical, financial, and psychological trauma.

What Type of Compensation Might You Be Eligible For?

If you were involved in a trucking accident , you may be eligible to recover damages, including:

Past and future medical expenses
Lost wages
Past and future pain and suffering
Physical scarring, disfigurement, or body function impairment
Psychological trauma
Funeral costs

Hire a trusted and experienced attorney. This will allow you the best odds of obtaining maximum compensation for you and your family. With over 21 years of experience, Attorney Craig Small will put his extensive resources and experience to work for you. He will guide you through the legal process step by step and provide you with the individual attention you would expect from a small law office.

Contact Us today! Call the Small Law Firm at (716) 847-2600 for a free consultation.

Car Accidents in Buffalo Caused by Snow and Ice

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 10:56:41 GMT

The residents of Buffalo, Niagara Falls and Western New York are familiar with the amount of snow that seems destined to fall at this time each year. In fact, on average, Buffalo sees 112.0 inches of snowfall each winter .

Although snow may be a familiar scene here in WNY, driving in wintery conditions can be dangerous, even for the most experienced drivers. During these winter months, the rate of auto accidents on thruways and local roads can increase dramatically. According to Weather-Related Crash Statistics , snow is responsible for 17 percent of all weather-related collisions, slush 14 percent, and icy pavement 10 percent annually. As a result, over 445,000 people are injured in weather-related crashes each year.

Because of the increased risk of having an auto accident in adverse weather conditions, drivers should take precautions to avoid collisions.

How to minimize your chance of an automobile accident this winter:

Avoid tailgating, leave extra following distance.
Do not use a cell phone or text while driving.
Drive at or below the speed limit in inclement weather.
Watch far enough ahead to maintain a steady speed.
Don’t turn or brake abruptly.
Take curves at slower speeds and avoid braking in curves.
Avoid driving alongside other vehicles.

Safe driving does not necessarily mean you will avoid an accident. Other drivers may ignore the dangers of snow and ice or misjudge their ability.

What to do if you’ve been involved in a weather-related car accident:

Call 9-1-1 if someone is injured.
Call the police.
Call your insurance agent as soon as possible to report the accident.
Exchange information with the other party/parties involved ( Name, address and phone numbers; Get the license plate number, make, model and year of the vehicle; Auto insurance information; Car registration number; and Driver’s license number).
Get the names, addresses, and phone numbers of any witnesses.
Take pictures of the accident, damage to the vehicle, and the area around the accident.
Gather details from the accident: note the date and time; the type of weather; the location of the accident, including any landmarks.
Call an experienced attorney, such as Craig Z. Small of Small Law Firm .

If you, or someone you know, was recently injured in a car accident caused by another driver, you may be eligible to recover compensation for physical pain and suffering, loss of mobility, and mental anguish.

With over 21 years of experience, Attorney Craig Small will guide you through the legal process and help you to understand your rights. Our approach is to provide each person with the personal attention you would expect from a small law office. As an experienced trial attorney, Attorney Small approaches each case fully prepared to go to trial. Of course, many cases are successfully resolved prior to trial.

When you need a personal injury attorney, be sure to contact the Small Law Firm for a free consultation.

To get started: CALL (716) 847-2600 or Contact Us TODAY!

Avoid a Slip and Fall Accident This Winter

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 10:55:00 GMT

Winter is the season of slip and fall accidents in Buffalo, NY.Winter is the season of slip and fall accidents in Buffalo, NY.

With winters apparent arrival here in Buffalo, so is the season of slip and fall accidents. Each winter, slippery and icy walkways increase the risk for fall injuries which can lead to time off of work and unforeseen medical bills. The Small Law Firm offers the following tips from United Heartland to help you minimize the risk for a painful fall this winter.

Walk slowly and deliberately and wear boots or other slip-resistant footwear.
Be prepared for black-ice formation after melting occurs.
Exercise caution when getting in and out of vehicles.
Watch for slippery floors when entering buildings.
Avoid carrying items. Keep hands empty so arms are free to move for stabilization. Use backpacks if possible.

Craig Z. Small has handled personal injury and premises liability claims for over 21 years. He has the experience and work ethic necessary to recover excellent results on your behalf.

In addition to seasonal slip and fall accidents, attorney Craig Z. Small represents people who have been injured due to a variety of other dangerous conditions , including:

Broken stairs
Faulty ramps
Holes or cracks in sidewalks or floors
Slippery floors in restaurants or grocery stores

Unlike other large-volume personal injury firms, which adopt an impersonal, assembly-line attitude toward case preparation, The Small Law Firm’s approach to each case is highly individualized to give you the personal attention you would expect from a small law office. Craig Z. Small will personally guide you through the legal process to help you understand your rights and build a relationship based on mutual respect and trust. When you need a personal injury attorney, be sure to contact The Small Law Firm for a free consultation.

Get started today: tell us about your case by calling (716) 847-2600 .

Happy Holidays and Happy New Year!Happy Holidays and Happy New Year!

lemaster@digitalproductsuite.com — Thu, 13 Jul 2017 10:50:27 GMT

It’s official, I have a blog and I know how to use it.

I have finally decided to take the plunge and add a blog to my site. I always wanted an easy way to share information with visitors and I’m super excited to start this journey. Keep coming back to my site and check for updates right here on the blog.