Websites for Trial Advocacy

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             One of the wonderful aspects of my chosen career as a lawyer is that I get to actually try cases to juries.   Learning to try cases is an evolutionary process, and things I did ten years ago I wouldn’t dream of doing today. As in every field of human endeavor, experience is a great teacher.  

            Fortunately, there are plenty of teachers out there who generously share their ideas and advice about trial advocacy. I thought that it might be of some interest to readers to share my thoughts on some of the websites and blogs that I review regularly as I try to improve my abilities as a trial lawyer.   Here’s a short list of some sites I review for trial advocacy tips:

            1.         The Jury Expert – the bimonthly publication of the American Society of Trial                                         Consultants. You will learn something from every issue. Great writers and content.

            2.         Plaintifftriallawyertips.com – Paul Luvera’s blog, where he generously shares                                    advice about trying cases, especially medical negligence cases, which he has won                                with amazing frequency.

            3.         Trialguides.com – this is a great site for books on trial advocacy. Includes books                                 by David Ball, Rick Friedman, Paul Luvera and many others.

            4.         Dayontorts.com – great blog by John Day, an accomplished trial lawyer in Nashville.

            5.         Winningtrialadvocacytips.com – good tips on trial advocacy from Elliott Wilcox.

            In previous posts, I’ve mentioned several other blogs, websites and books on trial advocacy that I like. These five sites are also sources of good information and advice. Please comment and add your thoughts on other websites of interest to trial lawyers.  

Safety Hazards in Your Home

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 When we think of safety in the home, we normally think of things like the purity of our water, lead in paint, and other well-known safety hazards.

But there are other hazards as well that are perhaps less well known but nonetheless important. Men’s Health magazine has compiled a list of 6 safety hazards in the home. Here’s the list:

  • Poisoned Produce – produce can be become tainted by things like Salmonella that can be found in raw poultry.  For example, raw chicken defrosting in the fridge can pose a risk of Salmonella dripping onto produce.   What to do?  be sure to wrap poultry in plastic wrap and keep it away from other items in the fridge.
  • Legionnaires Disease – the bacteria that can cause this disease can be found in water pipes.  What to do?  –  every 3 months, turn up the water heater to above 140 degrees, and run all faucets for 10 minutes.
  • Mercury in Light Bulbs – when compact fluorescent light bulbs break, they can release mercury gas, which is a neurotoxin.  What to do?  Hold the bulbs by the base rather than the bulb when inserting or removing them, and put the spent bulbs in the original box or double plastic bags after removal.
  • Sponges – who would have thought the humble sponge was a potential source of problems, but it turns out, according to the article, that a used sponge can harbor up to 10,000 bacteria per square inch.  What to do?  First, DON’T put them in the microwave, as suggested by The  Journal of Environmental Health recently, since there have been reports of dry sponges catching fire. A better idea is to simply put them in the dishwasher or to boil them once per week.
  • Furniture – the worry here is particleboard furniture, such as some bookshelves, because the particleboard may be glued together using formaldehyde, which is an irritant for the eyes and skin of some people. What to do? The article recommends applying a coat of varnish to the particleboard furniture to trap the vapors.
  • Radon – this is the gas that comes from decaying uranium in the soil, and it is the second leading cause of lung cancer in the U.S. What to do?  Your home should be tested for Radon at least every 2 years.  If found to be at levels that are a concern, a ventilation pipe can be installed to fix the problem.

As you can see, most if not all of these potential hazards have fixes that are relatively easy and inexpensive.  I was certainly not aware of some of these hazards, and I hope readers will find this information helpful.

Safety in Rental Cars

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  Rent_sign  If you travel much, then you have probably rented a car.  Usually, when you rent a car, you assume that the car has been properly maintained and that if the car has been recalled for a safety problem, the rental company has had the safety problem fixed.  It turns out, according to the Center for Justice and Democracy, that we can’t assume car rental companies are heeding safety recalls.

      In their blog at thepoptort.com, the Center reports on the case of two sisters who died after the Chrysler PT Cruiser they rented from Enterprise burst into flames.  The vehicle had been subject to a recall for a leak of power steering fluid that could cause fires. 

      A reporter for the New York Times, Christopher Jensen, has reported on these rental car dangers, and one of his recent articles can be found here.  

      Now for the soapbox:  those who advocate for laws making it tougher to take companies to court fall silent about these kinds of cases, which expose the ugly truth that profit matters more than people to many of our nation’s largest companies.  And reporters, other than a few like Jensen, seem to sit idly by while our courts are relentlessly attacked by corporations and their allied interest groups.  When will they wake up to this assault on civil justice?  

Spring Safety

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   Spring is in the air and summer’s almost here, and with warm weather comes lawn maintenance.  We read a lot about sun, swimming and bicycle safety, but lawn safety seems all too often to be overlooked.   Cutting the grass is more of a chore than summertime fun, and sometimes, in an effort to get the yard work done quickly, we forego safety.    

          According to the American Academy of Pediatrics, each year approximately 68,000 people are treated in emergency rooms with injuries caused by power mowers (this doesn’t even include injuries from other lawn equipment), with more than 9,000 of those being younger than 18 years old.  Injuries include deep cuts, loss of fingers and toes, broken and dislocated bones, burns, eye and other injuries, some very serious.  In my practice, I have seen firsthand how badly a person can be injured by a lawnmower.  It wasn’t my client’s fault that he was injured, but it confirms the need for people to be vigilant about safety when it comes to handling power equipment, even if you’re an expert. 

                I have found a website that gives an exhaustive list of safety tips for lawn maintenance.  I encourage anyone reading this article to visit the website http://juniorbiz.com/lawn-mowing-safety-tips

                Above all, remember this:

Make sure someone knows when you are working with power tools in the yard.  If you are injured you want someone to be able to call for help.

No Child younger than 16 should use a ride-on mower. 

No Child younger than 12 should use a push mower.

Make sure you know where children are at all times.  They should be a safe distance from the area you are mowing and safely away from any flying debris, such as rocks.

Wear safety goggles and sturdy shoes, not sandals. 

READ THE MANUALS AND FOLLOW THE INSTRUCTIONS FOR ALL OF YOUR POWER EQUIPMENT. 

                Be smart about keeping your yard looking nice this summer.  Think of all that can go wrong and take steps to prevent it from happening. 

Texting Laws and Facts You Need To Know

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Deaths and Injuries Involving Distracted Driving

In a recent entry I led you to a website that showed you the tragic stories of children who had lost their lives as a result of distracted driving.  Today I thought I’d share with you some of the nationwide statistics on auto accidents that occur as a result of distracted driving.** 

  •   20 percent of injury crashes in 2009 involved reports of distracted driving. (NHTSA).
  •   Using a cell phone while driving, whether it’s hand-held or hands-free, delays a driver’s         reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.   (Source: University of Utah)
  •   In 2009, there were 30,797 fatal crashes in the United States, which involved 45,230  drivers. In those crashes 33,808 people died.

 

        * *Unless specifically noted, distracted driving includes anything that may distract a driver while driving, such as but not limited to using a cell phone, eating, drinking, talking with passengers, grooming, reading, changing the radio station, using a navigation system or watching t.v.

       Georgia’s Laws

        So what are the cell phone and texting laws in Georgia?  Currently, there is not an all out ban on handheld cell phone use while driving; however, there are some restrictions.

  • Bus Drivers and Drivers under 18 – Completely banned from using cell phones while driving.  In fact, you can be pulled over and cited for using a cell phone without any other traffic offense if you fall into this category
  • All Drivers – Completely banned from texting while driving.*  Again, drivers may be pulled over and cited for texting while driving even without any other traffic offense having taken place. *

There are some exceptions to these restrictions, which may be found by going to www.gahighwaysafety.org/textingsafety  and reading the law prohibiting texting while driving.  

*This information was obtained from the Governors Highway Safety Association (GHSA) at www.ghsa.or/html/stateinfo/bystate/ga.html  

 Accident related statistics in Georgia may be found at www.gahighwaysafety.org/statistics/overall.html