The U. S. Consumer Product Safety Commission (CPSC) has issued a warning to consumers to stop participating in a new activity called water walking.  Water walking is the newest craze among children and teens, is popular at malls, carnivals, amusement parks, resorts and even at children’s birthday parties. Water walking involves a large, transparent plastic ball, sometimes called a hamster ball,  that is large enough to hold one person. An individual climbs into the ball as it is inflated with a blower through a zipper opening. Then the zipper is closed, making the ball essentially air-tight. The ball, with the individual locked inside, can then roll around on various surfaces, including grass, ice, water and pavement.

While water walking may sound like a fun-filled activity, several non-fatal, but serious injuries have been reported in the relatively short period of time this product has been available. In one instance,  a child was inside a ball for only a few minutes before becoming unresponsive, and emergency medical treatment was sought. Because the ball is airtight, the air supply inside the ball may be inadequate as the oxygen becomes depleted and carbon monoxide increases. In another case, a person fell from from an above-ground pool, while inside a ball, onto a hard surface and suffered a broken bone. The risks to water walking “riders” include suffocation, as there is no emergency exit available from inside the ball, and a potential for drowning if there is a leak or puncture when the ball is used in open water.  Brain injuries, skull fractures, spinal cord injuries and even death can occur if the head comes in contact with a hard surface. Individuals with pre-existing medical conditions, involving lung, heart or breathing issues may experience an exacerbation of their symptoms while locked inside a water walking ball.

The CPSC has informed state amusement ride officials about the potential dangers associated with this product. While some states have already banned water walking balls, others have allowed water walking balls to be marketed and sold to amusement parks and to private individuals as well.

If you or a loved one has suffered an injury water ball-related, contact the experienced injury attorneys at the Law Offices of Henry Hanflik. Call us at 888-905-4632. We can help you!

Warmer weather is just around the corner. Soon the buzzing sound of lawn mowers will be heard throughout cities, towns and the countryside, a sure sign that summer has arrived. Just as the power lawn mower provides a convenient and easy way for homeowners and lawn services to mow lawns, the power mower can also be one of the most dangerous tools around the home, especially for children and adolescents.

According to the U.S. Consumer Product Safety Commission, in 2007, nearly 210,000 people, including 16, 200 children under age 19, were treated for lawn mower-related injuries. Lawn mower-related injuries often require a team of doctors with various specialties to perform reconstructive surgeries on hands, feet and faces. Patients may experience long and painful recovery periods. The lawn mower operator or those nearby may be at risk for serious injuries; deep cuts, loss of fingers or toes, burns, injuries to the eyes and broken bones. These simple precautions must be observed to help prevent injuries from occurring:

- Children should be at least age 16 to use a ride-on mower. Children under 12 should never operate a push mower.

- Do not wear loose fitting clothing that can become entangled in mower parts. Do wear sturdy shoes-not sandals or gym shoes- when mowing.

- Before you begin mowing, pick up sticks, stones and other objects from the lawn to prevent injuries from flying debris. Use a collection bag for grass clippings or install a plate over the opening where grass clippings are released.

- Wear safety glasses and hearing protection.

- Shut off mower before refueling, making repairs or adjustments. Allow engine to cool before refueling. Refuel and start the engine outdoors-not inside a garage.

- Never carry passengers on a riding mover. A riding mower is designed to carry one person.

- Beware of slopes, holes and hidden hazards. Generally,  it is safer to mow slopes in a up and down pattern, but do not attempt to mow a steep slope where the mower loses traction.

- If you prefer a push mower, use a mower with a control handle, that when released, will prevent it from moving forward.

- Avoid pulling backward or mowing in reverse unless essential. Be extra careful to look for children behind you.

- Blade settings and adjustments to dislodge debris should be done by adults only. The mower should be off and the spark plug removed/disconnected to prevent injuries.

- Children should be away from the area you are mowing.

If you observe all of these precautions, chances are you will prevent a lawn mower-related injury from occurring. However, lawn mower manufacturers may fail to install adequate safety systems, such as rollover protection or “no mow in reverse” systems, that contribute to a wrongful death or serious injury. The attorneys at the Law Offices of Henry Hanflik have extensive experience in handling lawn mower-related accidents and injuries. If you or a loved one have suffered a serious injury as a result of a defective lawn mower, contact us at 888-905-4632 for a free consultation.

According to the Home Safety Council, a non-profit safety education and resource organization, accidents that occur in homes across the U.S.A.  result in over 20,000 deaths and 21 million injuries every year. Home owners and their families can avoid accidents by being proactive in identifying areas around their homes that pose safety risks and taking corrective measures to remove potential dangers. This process needs to be ongoing. A homeowner should inspect her/his property looking for safety hazards on a monthly basis. Using the whole-house safety approach, we recommend the following:

1. If children are in the home,  childproof furniture, cover hard corners, and install locks on cabinets containing poisons or prescription medicines. Be sure to inspect your garage for poisonous products, such as pesticides, paints and automotive fluids.

2.  Gate off stairs and other unsafe areas, cover electrical sockets if there are small children at home.

3.  Remove boxes, electrical cords or items that could be a tripping hazard.

4.  Make certain that heavy appliances or furniture cannot fall over by anchoring them to a wall with braces, brackets. Secure flat screen TVs to the wall. In your garage, make sure shelving is not overloaded and is anchored to the wall.

5.  Stairways should be well-lighted. Install handrails on both sides of the stairs to prevent falls.

6.  Clean up spills as quickly as possible to avoid slipping and falling. Make people in the house aware of a damp or wet floor, especially after cleaning.

7.  Regarding your fireplace, be certain that the flue is operating properly and the chimney is not clogged with chemicals or other material. Hire a professional chimney sweep.

8.  Never stand a chair to reach for high items. Use a ladder or step stool.

9.  Have a fire extinguisher available in your kitchen in case of cooking fires.

10. To prevent accidents involving hot pots and pots on the stove, use the back burners and turn pot handles toward the back of the stove. Never wear long, flowing sleeves while you cook!

11. Adjust the water temperature on your hot water heater to 120 degrees Fahrenheit or just below the medium setting. When running bath water for a child, start with cold water, and run your hand back and forth in the water to check temperature before placing a child in the tub.

12. Unplug all electrical appliances in the bathroom, i.e. hair dryers and shavers, when not in use.

13. Install smoke detectors in each bedroom and hallway. Check detectors twice a year and change batteries yearly.

14. Install carbon monoxide detectors on each level of your home.

15. Never leave a car running inside a garage, as carbon monoxide can seep into your home.

16. Test your garage door reversing sensor by placing a roll of paper towel in the door’s path. Have the door repaired if it does not immediately reverse.

17. If you have a pool or spa, install a fence at least five feet high with an automatic locking gate.

18. When using an outdoor grill, position it three feet or more away from your home, trees and shrubs or a wooden fence. Use long-handled cooking implements and gloves to prevent burns.

19. Areas under play equipment should be covered with 9 to 12 inches of soft material such as sand or mulch. The soft materials should extend 6 feet on all sides of the play area.

20. Don’t wear sandals or gym shoes to mow the lawn! Wear protective clothing, leather shoes and safety glasses to prevent accidents.

21. Outdoor lighting is important to safety and security. Make sure that walkways and stairs leading to your home are well-lighted to prevent injuries to  family members and visitors .

On November 30, 2010, a 41-year-old Lapeer, Michigan man broadsided a vehicle in Lapeer County, killing a 78-year-old woman. On March 9, 2011, the Lapeer man was charged with causing death while texting and driving, the first such case of its kind in Michigan. The state trouper who investigated the accident said that texting was a contributing factor to the accident because the offending driver failed to stop at the stop sign.

Texting while driving, as in the Lapeer accident, is only one form of distracted driving that can cause serious injury or death. Many sources of distracted driving tend to be located within a vehicle, including talking with passengers, phone use (including texting), and focusing on other technology, such as an ipod, cd changer or radio. Simply reaching down to pick up an item from the floor or observing the actions of passengers in the vehicle are distractions.

So what does distracted driving mean?

There are three principle types of distracted driving:

1. Visual – taking your eyes off the road

2. Manual – removing your hands from the steering wheel

3. Cognitive – loss of focus, attention to the task of driving

Distracted driving has become such a serious, life-threatening practice that the U.S. government has created a website, distraction.gov, to disseminate information and issue warnings about this dangerous practice. While many states (including Michigan) have adopted laws that ban the practice of texting while driving, cell phone use, with some restrictions for younger drivers, is still permitted.

When driving while using a cell phone, a driver is distracted by each of the types of distractions listed above. The driver is manually distracted when picking up the phone to operate it, leaving one hand on the wheel. The driver is visually distracted when looking away from the roadway to dial a number or accept a call. Lastly, the driver is cognitively distracted because he/she is thinking about something other than driving and may miss audible or visual cues to avoid a crash. Even hand-free devices are cognitively distracting and will degrade a driver’s performance.

The reasons for distracted driving are numerous. Many people rely on cell phones or Blackberrys as a primary source of communication and feel the need to be in contact at all times, even when driving. Distracted driving can involve children or pets that can visually, manually and cognitively distract a driver. Stressful jobs and busy lifestyles are contributing factors to distracted driving.

The key to safe driving is to be vigilant when behind the wheel and avoid, unless it’s a true emergency, using a cell phone. For your own safety and the safety of others, pull off the road if you need to talk, take care of children or pets or rearrange items in your vehicle.

The Food and Drug Administration (FDA) has issued new advice for breast implant recipients: there may be an association between both silicone gel-filled and saline breast implants and anaplastic large cell lymphoma (ALCL), a rare form of cancer.  ALCL is lymphoma, a type of cancer involving the cells of the immune system, not to be confused with cancer of the breast tissue.  Breast implants are placed in the body behind the breast tissue or under chest muscle. Over time,  a scar capsule forms around the implants separating it from the rest of the breast.  Breast implant recipients should understand that they may have a small but significant risk of ALCL developing in the scar capsule adjacent to the implant. Of the 34 cases reviewed, the median age of  patient was 51, with the youngest 28 and the oldest 87. In the study, 24 silicone and 7 saline implants were involved. Three implants were unspecified. The review looked at the time frame from implant placement until diagnosis of ALCL, which ranged from 1 to 23 years, with 8 years being the median. However, until there is a large, comprehensive study, there is insufficient evidence to suggest that the fill of an implant (saline versus silicone) or the texture of an implant (smooth versus textured) increase a woman’s risk of developing ALCL.

Most cases reviewed by the FDA were diagnosed after patients experienced pain, lumps, swelling or asymmetry that developed after their surgical site around their implants were fully healed. Their symptoms were attributed to a collection of fluid, hardening of the breast area around the implant or masses surrounding the implant. When the fluid and capsule around the breasts of these patients were examined, a diagnosis of ALCL was made.

The physicians and researchers at the FDA advise women with implants to be vigilant in monitoring their breasts for any changes and to continue to receive regular breast screening evaluations. While the FDA is not recommending that women who are having no symptoms remove their implants or seek immediate medical attention, those with silicone gel-filled implants should get periodic MRI’s to detect ruptures.

The United States Justice System is among the best in the world. If you, a friend or your loved one has been seriously injured by a corporation or person, and you are unable to reach a settlement, generally you or your loved one will receive a just result in our court system.

A key component to receiving fair compensation is choosing an experienced personal injury lawyer who has the resources and commitment to represent you. Personal injury refers to both psychological and physical injuries that a person suffers as a result of someone’s negligence, their intentional actions, or strict liability. Negligence simply means failing to act as a reasonable or careful person or business would act under the same or similar circumstances. For example, if you are injured in an auto accident, caused by a driver who was on the phone or texting while driving, then you would suffer personal injury as a result of that driver’s negligence. Intentional actions refer to a person who purposefully and deliberately sets out to harm another individual, such as in an assault. Strict liability means that an individual or corporation may be held financially responsible if they produce, sell or distribute a defective or unsafe product that kills or injures someone.

While these scenarios may or may not also result in criminal charges brought against the offending party, generally they result in civil penalties. Civil penalties may include compensation for lost wages and medical bills as well as money damages for pain and suffering.

Types of Personal Injury Cases:

Car, Truck and Motorcycle Accidents

Construction, Industrial and Work Place Accidents

Hospital and Medical Error

Nursing Home Negligence

Defective/Unsafe Products

Airplane & Cruise Ship Accidents

Not All Attorneys are Equally Qualified to Handle Personal Injury Cases

In order to prove your case in a court of law, you must be able to show that your injury was caused by the negligence of another party. The personal injury lawyers at the Law Offices of Henry Hanflik will help you to determine if you have a valid claim. After your case is carefully analyzed and evaluated, our attorneys will discuss with you the best course of action to follow. Filing a law suit may not always be in the best interest of the client. Virtually every case handled by the Law Offices of Henry Hanflik is on a contingency basis; that means our office advances the costs necessary to handle your claim.  A fee is charged only when we make a recovery on your behalf.

Call us now for a free case evaluation at 810-720-4000 or toll-free at 888-905-4632.

Winter driving poses higher risks for crashes and injuries to the traveling public as the number of crashes typically rises on snowy days. Some  factors that contribute to the rise in the number of crashes is that many drivers fail to adjust to hazardous driving conditions. Snowy, overcast skies can reduce the contrast you can see between your car, the vehicles around you and the passing landscape, so that you feel that you are going slower than your actual speed. Consequently, you may unwisely increase your speed to compensate. One illustration of this phenomenon is provided by a researcher at the University of Minnesota who found that snowplows are more frequently struck from the rear in snowy conditions despite their bright orange color, reflectors and flashing lights. To help avoid accidents and injuries, follow these simple tips:

CLEAR SNOW AWAY FROM YOUR TAILPIPE IF YOU ARE STUCK IN A SNOWBANK. Be sure that exhaust from your tailpipe is not blocked by snow, as fumes may enter your car and cause carbon monoxide poisoning.

IF YOUR VEHICLE BEGINS TO SKID ON ICE OR SNOW, ALWAYS STEER IN THE DIRECTION OF WHERE YOU WOULD LIKE THE FRONT OF YOUR VEHICLE TO GO. Using cruise control can be dangerous when driving in wintery conditions since your wheels will continue to spin when your tires lose traction.

WET SURFACES CAN DOUBLE YOUR STOPPING DISTANCE, WHILE ICE AND SNOW CAN INCREASE STOPPING DISTANCES UP TO TEN TIMES OVER DRY CONDITIONS. To compensate for these hazardous driving conditions, keep an eye on the speedometer and focus on traffic and conditions as far ahead as possible.

WINTERIZE YOUR VEHICLE. Check the tread on your tires by placing a quarter into the tread. If you can see George Washington’s head, then you need to replace your tires as the tread has worn below the recommended 4/32 of an inch limit. Keep your tires properly inflated as tires lose about one pound of pressure for every 10 degree drop in temperature. An underinflated tire leaves less rubber in contact with the roadway surface. Cold weather is tough on batteries.  Have your battery, starter and alternator checked to be sure that they are in good working condition. Replace worn windshield wipers, and use a  scraper to remove ice and snow instead of clearing your windows with your wipers.

BE PREPARED IF YOU GET STUCK IN THE SNOW. Carry kitty litter to help you get out of snowbanks. Pack boots, gloves, a snow scraper, a collapsible shovel, a blanket and a flashlight with fresh batteries.

FIND THE BEST “PERSON-TO-VEHICLE” FIT. Check your line of sight to be certain that you can see at least three inches over the top of the steering wheel. Adjust your seated position upward if you are lower. Be sure you are at least 10 inches away from your steering wheel to insure proper deployment of the airbag in the event of a collision. To efficiently operate the brake and gas pedals, you should be able to operate them with the ball of your foot, without excessively stretching of your leg or foot.

Have a Safe and Enjoyable Winter Driving Season!

Before you pop another Nexium, Prilosec, Protonix, Losec, Zegerid, Prevacid or omeprazole, you might want to weigh the risks and benefits of taking such medications, known as proton pump inhibitors. These drugs are widely used to treat excess stomach acid, including ulcers and acid reflux disease. But in a report published in the Archives of Internal Medicine, doctors warn of the possible dangers to patients who use these drugs:

1. Proton pump inhibitors may increase the risk of bone fractures. A study of 130,000 women by researchers at the University of Washington showed a 25% overall increased risk of fractures in women prescribed these medications.

2. Records of 100,000 patients, discharged from hospitals over a five year period, were studied by doctors at Beth Israel Deaconess Hospital in Boston. They found that patients taking proton pump inhibitors were more than twice as likely, than patients not prescribed the drugs, to develop Clostridium difficile, a hard-to-treat infectious disease which tends to crop up in hospitals. This disease can cause diarrhea and severe complications, such as bowel perforation.

3. Proton pump inhibitors have been linked to increased risk of developing pneumonia. These drugs, which suppress acid in the stomach, might promote different types of bacteria growth in the gastrointestinal and respiratory tracts: those bacteria may cause pneumonias.

Some physicians believe that proton pump inhibitors are over-prescribed, and for many patients the adverse effects outweigh the benefits. Patients who are treated with these drugs for simple heartburn should understand the dangers of these drugs, try to make well-informed decisions and consult with their physicians.

Each year between Thanksgiving and the New Years holidays, approximately 12,000 individuals are treated in emergency rooms throughout the United States due to holiday decorating-related incidents. Incidents of dried Christmas trees catching fire result in 17 deaths and millions of dollars in property damage each year. On average, 150 people die as a result of candle-related fires in homes, totaling $385 million in property damage. These deaths, injuries and property losses may be avoided if consumers follow these simple steps regarding trees and decorations:

1. If you buy an artificial tree, make sure that it is labeled “Fire Resistant.” If purchasing a live tree, check for signs of freshness; a fresh tree should be green, not dropping needles, needles should be firmly attached to the stem and not easily broken. The trunk of the tree should have sticky resin near the bottom.

2. If you set up your tree inside your home, be sure it is away from sources of heat, such as fireplaces, vents and radiators. Monitor the water levels in the tree stand, replacing the water as needed. Do not place the tree in a doorway or traffic area. Use only non-combustible or flame-resistant materials to trim your tree, such as tinsel or artificial icicles made of plastic.

3. In homes where children are present, take care to select unbreakable tree ornaments and decorations. Decorations with small parts or those that resemble candy or food may tempt children to swallow, inhale  or eat them.

4. Purchase indoor and outdoor lights that have been tested for safety by a nationally – recognized testing laboratory. Check all tree lights before hanging them on your tree to be sure all bulbs work, and there are no broken sockets, loose connections or frayed wires. Outdoor lights should be certified for outdoor use and should be strung through hooks or insulated staples, not nailed or tacked. Plug outdoor lights into circuits with ground fault interrupters or a protected receptacle to avoid a shock. Extension cords should be rated for the intended use.

5. Never use electric lights on a metallic tree as the tree may become charged with electricity from faulty lights. A person touching the tree could be electrocuted.

6. To avoid fires, turn off all holiday lights when leaving your home or when going to bed.

7. If you decorate with candles, make sure that burning candles are within sight. Never burn candles near a tree or other evergreens. Keep candles on a flat, stable, heat-resistant surface where children and pets cannot knock them over. Extinguish candles when leaving the house or going to bed.

Have a Safe and Happy Holiday Season!

According to a recent report from the U.S. Surgeon General, there is no safe level of exposure to tobacco smoke. Even an occasional cigarette or breathing second-hand smoke can cause serious and immediate damage to your body, altering your DNA and increasing the risk of developing cancer. In fact, nearly one-third of all cancer deaths involve cigarette smoking. Exposure to cigarette smoke may cause cardiovascular disease and trigger a heart attack or stroke, because the smoke rapidly damages blood vessels throughout the body, making blood more likely to clot. Cigarette smoke contains over 7,000 different chemicals and compounds, hundreds of which are toxic: seventy are known to cause cancer. These chemicals found in tobacco smoke inflame the delicate lining of the lungs, reducing the ability of the lungs to efficiently exchange air, leading to chronic pulmonary lung disease, emphysema and chronic bronchitis.

Of course the longer a person smokes, the more damage is created by the toxic chemicals that can weaken the immune system and reduce your body’s ability to fight off cancers, including those  cancers that are not associated with smoking. If you are trying to become pregnant, women should avoid all exposure to tobacco smoke, as chemicals in the smoke interfere with how your fallopian tubes function, and increase the risk for miscarriage or low birth weight. Men should be aware that chemicals in tobacco smoke can damage the DNA in sperm and may reduce fertility or adversely affect fetal development. Diabetics should understand that tobacco smoke interferes with the regulation of blood sugar levels, putting them at higher risk for heart, lung, kidney and eye diseases and increased problems with circulation and nerve damage.

The report explores why cigarettes are addicting, and concludes that cigarettes are designed to addict. Cigarettes produced today deliver nicotine more rapidly to the heart, lungs and brain, making them more addictive than ever before. Nicotine is the leading ingredient that causes addition, but certainly not the only ingredient that promotes dependency and addiction. Cigarette manufacturers seek to “improve”  the design of their products by adding more powerful compounds to affect the nicotine receptors in the brain and thus sustain the additive effects of cigarettes. Adolescents are at greater risk for addiction to cigarettes as their bodies are more sensitive to nicotine. Smoking “light” or low-tar cigarettes did not significantly reduce the risk of smoker-related diseases. Rather, these versions of cigarettes may have interfered with campaigns that encourage people to stop smoking.

“It is never too late to quit” smoking tobacco products. The report states that the risk of developing smoker-related diseases begins to drop as soon as an individual quits. Fortunately, there are medications available, both over the counter and by prescription, to help a smoker to “kick the habit”. To learn more,copy and paste this link into your browser: http://www.cdc.gov/tobacco.