Williams, Walsh and Connor, LLC

Connecticut Cracking Down on Unsafe Truck Drivers

2010-10-20T06:22:00.000-07:00

Due to the size and weight of their vehicles, truck drivers have to be cautious and operate their trucks in a manner that keeps safety at the forefront. The summer driving season saw a sharp uptick in commercial vehicle accidents in Connecticut, and Governor Jodi Rell has had enough. She recently announced a plan to have law enforcement officials with the state police and Department of Motor Vehicles aggressively pursue truck drivers who are not following the rules.

While the cause of truck accidents is as varied as the vehicles involved in them, Governor Rell is concerned that many of the recent Connecticut accidents have happened while the roads were dry, the weather was clear and the traffic is light. Since outside influences do not seem to be primary cause of these crashes, responsibility for the accidents lies squarely at the feet of the drivers themselves.

Common Causes of Trucking Accidents

Aside from weather conditions, there are several factors oftentimes associated with commercial vehicle (big rigs, semi trucks, 18-wheelers, delivery vans and fleet vehicles) accidents. These include:

DUI/DWI
Jackknifing/overturned trailers — most often seen in periods of high winds
Overloading trucks
Improperly balancing loads, leading to shifting that can throw the vehicle out of control
Driver fatigue
Improper maintenance
Distracted driving — using cell phones, in-cab radios, eating, texting or emailing behind the wheel

Tragically, there are nearly half a million trucking accidents in America each year, 5,000 of them resulting in fatal injuries. On average, one person in Connecticut is killed in an accident every day, and six percent of those fatalities are caused by collisions between large trucks and smaller passenger vehicles. With stakes as high as these, Governor Rell is wise to draw attention to this matter.

Hopefully the increased enforcement will turn the tide of commercial vehicle crashes on Connecticut roads. In the meantime, however, if you or someone you love has been injured in a trucking accident, contact an experienced personal injury attorney in your area to learn more about your legal options.

Respect the Power of Electricity to Avoid Burns and Other Injuries

2010-05-04T07:53:00.000-07:00

Provided by Williams, Walsh & O'Connor, LLC; Connecticut Burn Injury Attorneys

Electricity flows through the coffee makers that buzz in the morning, the traffic lights that conduct people to and from work or school, the computers and phones used for communication during the day and the night lights that glow while families sleep soundly at night. The same productive electrical currents that pulse within the veins of our daily environments can also be dangerous, however.

Faulty wiring or overloaded circuits can cause injuries to unsuspecting victims by sending shocks or starting fires. Although there is no need to fear using electricity, people should respect its power and understand how to handle it without being burned or otherwise injured or killed.

Flip of the Switch

When one Connecticut teacher recently went to flip the switch as usual when entering her classroom, she was left with lasting injuries from electricity-induced burns on one hand and internal damage from repeated shocks of electricity. Even though a previous inspection of the school had uncovered various electrical problems, code violations and outdated equipment, these issues were never fixed. The school cited a lack of financial resources needed to update the building properly as one reason for the appalling accident.

There may be some front-end financial costs to ensure safe and updated electrical systems in a home or building. However, the price of unsafe environments, such as the Connecticut school, is much higher when adults or children are injured or killed from electrical hazards. The teacher in this case survived, but injuries from electricity can be damaging, especially if high voltage is involved and dangerous currents travels through certain areas of the body.

Signs of Electrical Injuries

The most visible sign of an electrical burn is a skin burn, but since electricity often travels through different parts of the body, there may be both entry and exit wounds as well as internal burns and tissue damage. Depending on an electrical current’s path and voltage level, it may have passed through the heart or brain, causing severe disruption to two vital parts of the body. Irregular heartbeats, broken or dislocated bones and issues with the spinal cord following a jolt of electricity may all be signs of electrical injuries.

The extent of an electrical burn injury depends not only on the current’s route and intensity, but also on how long a person is exposed to the electricity and the amount of resistance their skin provides. According to the American Burn Association’s 2009 report, over 3,800 of burn injuries reported in the U.S. were from electrical sources. Most of the electrical injuries, just over 60 percent, occurred during work-related activities. They are also more likely to happen in an industrial environment, but the causes of electrical burn injuries vary greatly.

Faulty Wiring and Other Causes

Electricity causes burn injuries both directly and indirectly. When a person comes in contact with an electrical current through light switches, outlets, live wires or electrical appliances, they may be burned directly as a result. While touching typical items that conduct electricity in the home may only result in minor skin burns, an unintentional brush with a high voltage power line may fatally burn or electrocute a person. Some burn injuries are caused by human error due to misusing, overloading or poorly maintaining electricity conductors, but accidents happen even when people are careful.

Other indicators of electrical problems may be lights that flicker, wall outlets or switches that are discolored, smell funny or feel hot or fuses and circuit breakers that are easily blown or tripped. When faulty wiring or other malfunctioning electrical devices or appliances give off enough heat, they can start fires in homes or other buildings. Insurance companies estimate that electrical fires also cause hundreds of millions of dollars in property damage each year. Many older houses in larger cities still have the original wiring, which may be why faulty wiring causes over 30 percent of residential electrical fires. These fires may then severely injure or kill people.

When Danger Strikes

Electrical currents can give life to many objects and entities, while at the same time they can potentially destroy or kill. When people do not comprehend or respect the power of electricity, the door is left open for electrical burns and related injuries to occur. Prevention is possible, however. Properly using and maintaining electrical appliances, conductors and wiring in homes and businesses is crucial. Employing safety measures like outlet covers and hiring professional electricians are also important steps, but you should also be ready for those occasions when danger strikes.

If an unfortunate incident occurs where you or your loved ones is burned or injured internally from contact with electricity or as a result of an electrical fire, call a local personal injury attorney immediately. The source of the electrical injuries may be due to negligence on the part of a third party. A lawyer experienced in electrical burns and fires may be able to help you or your family recover damages for lost wages, pain and suffering, past and future medical costs or wrongful death. You and your family deserve the best care and support in order to heal from the damage that electricity can inflict on the human body.

Respect the Power of Electricity to Avoid Burns and Other Injuries

2010-04-05T08:08:00.000-07:00

Provided by Williams, Walsh & O'Connor, LLC

Electricity flows through the coffee makers that buzz in the morning, the traffic lights that conduct people to and from work or school, the computers and phones used for communication during the day and the night lights that glow while families sleep soundly at night. The same productive electrical currents that pulse within the veins of our daily environments can also be dangerous, however.

Faulty wiring or overloaded circuits can cause injuries to unsuspecting victims by sending shocks or starting fires. Although there is no need to fear using electricity, people should respect its power and understand how to handle it without being burned or otherwise injured or killed.

Flip of the Switch

When one Connecticut teacher recently went to flip the switch as usual when entering her classroom, she was left with lasting injuries from electricity-induced burns on one hand and internal damage from repeated shocks of electricity. Even though a previous inspection of the school had uncovered various electrical problems, code violations and outdated equipment, these issues were never fixed. The school cited a lack of financial resources needed to update the building properly as one reason for the appalling accident.

There may be some front-end financial costs to ensure safe and updated electrical systems in a home or building. However, the price of unsafe environments, such as the Connecticut school, is much higher when adults or children are injured or killed from electrical hazards. The teacher in this case survived, but injuries from electricity can be damaging, especially if high voltage is involved and dangerous currents travels through certain areas of the body.

Signs of Electrical Injuries

The most visible sign of an electrical burn is a skin burn, but since electricity often travels through different parts of the body, there may be both entry and exit wounds as well as internal burns and tissue damage. Depending on an electrical current’s path and voltage level, it may have passed through the heart or brain, causing severe disruption to two vital parts of the body. Irregular heartbeats, broken or dislocated bones and issues with the spinal cord following a jolt of electricity may all be signs of electrical injuries.

The extent of an electrical burn injury depends not only on the current’s route and intensity, but also on how long a person is exposed to the electricity and the amount of resistance their skin provides. According to the American Burn Association’s 2009 report, over 3,800 of burn injuries reported in the U.S. were from electrical sources. Most of the electrical injuries, just over 60 percent, occurred during work-related activities. They are also more likely to happen in an industrial environment, but the causes of electrical burn injuries vary greatly.

Faulty Wiring and Other Causes

Electricity causes burn injuries both directly and indirectly. When a person comes in contact with an electrical current through light switches, outlets, live wires or electrical appliances, they may be burned directly as a result. While touching typical items that conduct electricity in the home may only result in minor skin burns, an unintentional brush with a high voltage power line may fatally burn or electrocute a person. Some burn injuries are caused by human error due to misusing, overloading or poorly maintaining electricity conductors, but accidents happen even when people are careful.

Other indicators of electrical problems may be lights that flicker, wall outlets or switches that are discolored, smell funny or feel hot or fuses and circuit breakers that are easily blown or tripped. When faulty wiring or other malfunctioning electrical devices or appliances give off enough heat, they can start fires in homes or other buildings. Insurance companies estimate that electrical fires also cause hundreds of millions of dollars in property damage each year. Many older houses in larger cities still have the original wiring, which may be why faulty wiring causes over 30 percent of residential electrical fires. These fires may then severely injure or kill people.

When Danger Strikes

Electrical currents can give life to many objects and entities, while at the same time they can potentially destroy or kill. When people do not comprehend or respect the power of electricity, the door is left open for electrical burns and related injuries to occur. Prevention is possible, however. Properly using and maintaining electrical appliances, conductors and wiring in homes and businesses is crucial. Employing safety measures like outlet covers and hiring professional electricians are also important steps, but you should also be ready for those occasions when danger strikes.

If an unfortunate incident occurs where you or your loved ones is burned or injured internally from contact with electricity or as a result of an electrical fire, call a local personal injury attorney immediately. The source of the electrical injuries may be due to negligence on the part of a third party. A lawyer experienced in electrical burns and fires may be able to help you or your family recover damages for lost wages, pain and suffering, past and future medical costs or wrongful death. You and your family deserve the best care and support in order to heal from the damage that electricity can inflict on the human body.

Man has nose for lawsuit: hits nasal spray maker with $75M suit, alleging damage to sense of smell

2010-03-09T13:45:00.000-08:00

By Alison Gendar
DAILY NEWS STAFF WRITER
Friday, February 19th 2010, 4:00 AM

Shelton/AP

A man is suing the makers Zicam Cold Remedy nasal gel for $75M, alleging the spray damaged his sense of smell.

As lawsuits go, this one's a stinker.

A Manhattan man is suing the makers of Zicam Cold Remedy Nasal Spray for $75 million, claiming that it robbed him of much of his sense of smell and taste.

Paul Buck Jr. said he used the over-the-counter zinc-filled spray from 2006 to 2009, and now suffers from "anosmia" - a loss of taste and smell, according to a lawsuit filed yesterday in Manhattan Federal Court.

The suit says that Buck was director of operations for an organization called Art Food LLC at the New York Metropolitan Museum of Art and that he needed his keen sense of taste and smell for the job.

Matrixx Initiatives knew, or should have known, that studies dating back to 1937 have shown that topical applications containing zinc ions "can produce permanent anosmia," the lawsuit claimed.

Instead, the company described the spray as "doctor recommended," "safe and effective" and a "patented homeopathic" remedy, all terms designed to "lull consumers," the lawsuit claimed.

Last summer, the U.S. Food and Drug Administration issued a public health warning for consumers to stop using all Zicam nasal products that contained zinc because the agency had received more than 130 reports of anosmia, the suit claimed.

Warnings on Three Zicam Intranasal Zinc Products

2010-03-09T13:42:00.000-08:00

On June 16, 2009, the Food and Drug Administration (FDA) warned consumers to stop using and discard three zinc-containing Zicam intranasal products. The products may cause a loss of sense of smell.

Intranasal products are administered through the nose.

What products are affected by this warning?
FDA's action affects Zicam’s three intranasal products that contain zinc. The three Zicam products claim to reduce the duration of the common cold and the severity of cold symptoms.

The products (listed with their size and product numbers) are

• Zicam Cold Remedy Nasal Gel (15mL, NDC 62750-003-10)
• Zicam Cold Remedy Swabs (20 swabs, NDC 67250-003-20)
• Zicam Cold Remedy Swabs, Kids Size (20 swabs, NDC 67250-003-21)

The Zicam intranasal zinc products are widely sold in pharmacies, other retail stores, and on the Internet. Zicam Cold Remedy Swabs, Kids Size, has already been discontinued, but FDA is concerned that consumers may have the product in their home. FDA has special concerns regarding use of intranasal zinc in children. Children may experience a loss of sense of smell but may be less likely to communicate the condition.

Are oral zinc products affected by this warning?
No. This warning does not involve oral zinc tablets and lozenges taken by mouth.

Dietary zinc is also not subject to this warning. Zinc is an important trace mineral that is an essential part of the human diet. Among other things, Zinc is needed for a healthy immune system (the body's defense), and is critical for normal growth. Zinc primarily comes from food. The best way to get the daily requirement of essential vitamins and minerals is to eat a balanced diet that contains a variety of foods.

Why did FDA take action?
The agency has received more than 130 reports of anosmia—the loss of sense of smell—associated with use of these three Zicam products.

Many people who experienced a loss of sense of smell say that the condition occurred with the first dose, although some people have reported loss of sense of smell after later doses. FDA is concerned that the loss of sense of smell may be permanent.

What steps did FDA take?
• FDA issued a public health advisory warning consumers to stop using and discard or return the Zicam zinc-containing intranasal products.

• The agency sent a warning letter to Matrixx Initiatives advising the firm that these products cannot be marketed without FDA approval. The warning letter also states that the products do not include adequate warnings about the risk of loss of sense of smell.

What should consumers do if they experience harm related to these products?
FDA recommends they contact their health care professional if they experience loss of sense of smell or other problems after using any zinc-containing products that are administered into the nose.

The agency asks health care professionals and consumers to report possible cases of loss of sense of smell or other problems after use of these products to FDA through the MedWatch² program, either online or by phone at 1-800-FDA-1088.

It’s Cold Outside but Is It Safe Inside?

2010-01-15T08:14:00.000-08:00

Provided by New Haven, CT Personal Injury Attorneys of Williams, Walsh, and O'Connor, LLC

Winter storms can cause power outages and other emergency situations. To cope with chilly weather, when the power goes out, people often turn to alternative energy sources. Consider the homeowner who uses a gas stove to heat a kitchen or runs a generator within an enclosed and attached garage. While these backup devices may resolve immediate heating problems, they can also create new ones. Understanding the risks of using CO-emitting fuels and devices helps to prevent carbon monoxide (CO) poisoning and related fire hazards.

Focus on Fuels

Gasoline, propane, kerosene, natural gas, oil, charcoal and wood are all CO-emitting fuels. Devices that run on these fuels produce some level of CO gas during and following their use. Examples of such devices are generators, stoves, fireplaces, grills, furnaces, water heaters, space heaters, power tools and vehicles. CO gas may be released even when a device is turned off, so knowing how to detect it and its effects is important.

Raise Awareness

Public service announcements often describe CO gas as a silent killer. According to the Environmental Protection Agency (EPA), this toxic gas is not only silent, but also tasteless, odorless and colorless. Babies, the elderly, and people with heart and lung problems are most vulnerable to the effects of CO. Depending on the length of exposure and CO concentration, symptoms vary. For low to moderate CO concentrations, major symptoms of gas poisoning range from headaches and dizziness to nausea, fatigue and fainting. At higher levels, these symptoms could result in a coma, brain damage or even death.

Lower Exposure

There are ways to decrease the presence of detectable levels of CO gas in the home. Gas appliances should be properly maintained and checked for leaks regularly. Never run vehicles and gas-powered grills, generators or other tools within enclosed spaces. Keep space heaters away from flammable materials and turned off when unattended. Invest in both smoke and CO detectors. Install these in every bedroom of a house, and replace the batteries regularly to help prevent accidents and injuries that can occur from increased levels of CO gas. If you or a loved one develops symptoms of CO poisoning, open windows or leave the house and call an emergency or appliance repair professional.

Safe and Healthy Homes

To escape extreme scenarios, such as the cold of a winter storm, people need dependable shelter. Minimizing CO exposure is one way to help ensure safe and healthy homes. Exposure to low levels of CO on a daily basis is not typically harmful to people, but CO can build up fast and lead to explosions or fires if ignited. Monitoring and managing its presence is essential. If you have been injured by harmful exposure to high levels of CO from an appliance, space heater or other device in your home, contact an experienced personal injury attorney near you.

Safer Winter Driving

2010-01-15T08:10:00.000-08:00

Provided by Connecticut Personal Injury Lawyers of Williams, Walsh, and O'Connor, LLC

The hazards posed by winter driving should not be taken lightly. If you do have an accident, low temperatures and the dangers presented by other drivers on the road will put you at risk for more injury.

Drivers can minimize winter driving risks by keeping their vehicles in top condition, their tires inflated and by giving themselves enough time to get to their destinations. Packing a winter safety kit (including warm clothes, blankets, boots, shovel, cell phone, flashlight, food and water) can help keep you safe if you do go off the road.

AAA Winter Driving Tips

AAA offers a number of tips for safe winter travel, including:

Do not use cruise control when driving on any slippery surface.
Do not try to get moving in a hurry. And take time to slow down for stoplights. Remember: It takes longer to slow down on icy roads.
Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning — nothing happens as quickly as on dry pavement.
The normal dry pavement following distance of three to four seconds should be increased to eight to ten seconds.
Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
Stay home. If you really do not have to go out, stay home. Even if you can drive well in the snow, not everyone else can.

Among the Worst Hazards: Other Drivers

Despite doing your best to drive safely in winter, you cannot always avoid the danger of a negligent driver. If you or a loved one has been in an accident caused by another driver’s negligence, you may be eligible to receive compensation for your loss or injuries. A qualified personal injury attorney can review your case to determine whether it is possible to pursue for damages.

Restrictions Aim to Make Teenage Drivers in Connecticut Safer

2010-01-04T05:53:00.000-08:00

Article provided by Williams, Walsh, and O'Connor, LLC

Beginning October 1st, 2009, first-time drivers in Connecticut will face new requirements to receive their driver's licenses, including a second driving test. These new requirements mark a departure from laws passed in 2008, which eliminated a test taken prior to licensure in favor of more time behind the wheel.

Lawmakers eliminated the second written test in an attempt to emphasize actual driving skills instead of the hypothetical situations posed by tests. Driving instructors discovered, however, that many students simply did not take their classes as seriously without the impending exam. Instructors worried that teens would not adequately understand the rules of the road and, having no test to study for, would be less inclined to try.

So, legislators brought the test back.

Prospective teen drivers in Connecticut now face two exams. Students must first pass a 25-question test prior to receiving a learner's permit. The second, reinstated exam is now required before a teen driver's final driving test with an agent from the Department of Motor Vehicles (DMV).

Focus on Safety

Driver safety has been a main focus of Connecticut lawmakers in recent years. Since 2002, Connecticut has significantly upped restrictions on teenage drivers in an effort to curb driving fatalities.

Before they apply for their driver's licenses, teenagers in Connecticut must have had their learner's permits for at least six months and must have completed at least 40 hours of supervised driving practice. 16- and 17-year-old drivers may only transport their parents or a supervising adult over 20-years-old for the first three months after receiving their licenses and are not allowed on the road between midnight and 5:00am.

More Restrictions Possible

Even with the number of restrictions on teen drivers, some feel that more could be done to prevent fatal crashes. In April of this year, representatives from New York, Delaware and Maryland sponsored a bill that would create three tiers of licensing for teen drivers, beginning with a learner's permit, moving on to a restricted intermediate license, and ending with full licensure.

Under the proposed rules, teens would not be able to receive full licensure until the age of 18. Drivers within the first two tiers would be subject to more restrictions -- not unlike those already endured by 16-year-olds driving with permits.

Victim of Chimp Attack May Not Get Damages for Pain and Suffering

2010-01-04T05:45:00.000-08:00

Article provided by Williams, Walsh, and O'Connor, LLC

Good trial lawyers tell compelling stories to juries in the courtroom. But if a court determines the Connecticut Workers' Compensation Division to be the proper legal venue for Charla Nash's story, no jury will hear it. On February 16, 2009, the 55-year-old woman was attacked by a chimpanzee named Travis. The chimp ripped off her face and hands. Now, Nash is blind, eats through a straw, and suffers partial brain damage.

Travis was a 200-pound chimp owned by Nash's employer, Sandra Herold. He turned on Nash when she tried to coax him back inside Herold's home office after he escaped. On the 911 call, there are screams. Travis grunts from exertion in the background. After Travis mauled Nash, the police arrived, and he opened the door to a cruiser. The police shot and killed him as he began to climb inside.

Nash filed a multi-million dollar lawsuit against Herold alleging, among other things, that Herold was negligent and responsible for her injuries. Herold, in turn, filed a workers' compensation claim on Nash's behalf, listing Nash as a full time employee of Desire Me Motors, Herold's towing company. The question is whether coaxing an escaped chimpanzee was part of Nash's job description. If so, the Connecticut Workers' Compensation Division -- not a jury in Stamford Superior Court -- would hear Nash's story.

ort law seeks to remedy injustices caused by negligence. It provides a means by which the injured may pursue remuneration from responsible parties. If Nash's lawsuit were to remain before the court, a jury would determine whether Herold was negligent for keeping Travis on the premises. The jury would also have an opportunity to award Nash damages for her pain and suffering.

Workers' compensation generally provides for the resolution of claims without regard to negligence. It caps an employer's liability while providing "automatic" compensation for employees injured on the job. Under Connecticut workers' compensation law, Nash's recovery may be limited to a portion of her salary for a set number of weeks and certain limited damages, as defined by statute. Connecticut workers' compensation law does not allow recovery for non-economic damages, such as pain and suffering.

The facts will be determinative. Nash lost her face, both hands, is blind, eats through a straw, and suffered partial brain damage. Can workers' compensation adequately address this? Perhaps -- if chimp duty was Nash's responsibility as a towing company employee.

Williams, Walsh and Connor, LLC

Connecticut Cracking Down on Unsafe Truck Drivers

Respect the Power of Electricity to Avoid Burns and Other Injuries

Respect the Power of Electricity to Avoid Burns and Other Injuries

Man has nose for lawsuit: hits nasal spray maker with $75M suit, alleging damage to sense of smell

By Alison GendarDAILY NEWS STAFF WRITERFriday, February 19th 2010, 4:00 AM

By Alison Gendar

DAILY NEWS STAFF WRITER

Friday, February 19th 2010, 4:00 AM

Warnings on Three Zicam Intranasal Zinc Products

It’s Cold Outside but Is It Safe Inside?

Safer Winter Driving

Restrictions Aim to Make Teenage Drivers in Connecticut Safer

Victim of Chimp Attack May Not Get Damages for Pain and Suffering

By Alison Gendar
DAILY NEWS STAFF WRITER
Friday, February 19th 2010, 4:00 AM