Clark, Perdue & List's Blog
The blog for Columbus Ohio Personal Injury Lawyers and Litigation Attorneys, Clark, Perdue & List.
Monday, December 15, 2008
The Ten Worst Insurance Companies
In July 2008, the
American Association for Justice released its report of the Ten Worst Insurance Companies in America. Sub-titled "How They Raise Premiums, Deny Clams, and Refuse Insurance to Those Who Need it Most," this report names some of the biggest insurance companies in the world as the "worst of the worst" in the insurance industry and highlights the strategies some insurers use to wrongfully deny claim. Health, disability, and automobile insurance companies all make the list. This report is a "must read" before you buy your next insurance policy or make your next insurance claim.
If you have any questions about questionable insurance practices, please contact us at 1-877-220-2203.
posted by Dale Perdue at
12:59 PM
0 comments
Wednesday, September 17, 2008
Ohio BMV Adopts Next-of-Kin Notification System
Under a new system, one of the first of its kind in the nation, holders of an Ohio driver license or State of Ohio ID may provide the name and contact information of a person whom they wish to be notified if they are involved in a crash or medical emergency. For persons under 18 years of age, the primary contact person must be a parent or guardian.
Only Bureau of Motor Vehicles employees and law enforcement officials will have access to the database.
In an emergency medical situation, time can be crucial in saving a life. If an injured person is unconscious or unable to communicate, important medical information can be quickly obtained from the contact person. Sometimes, this can dictate the appropriate course of treatment and save a life.
In the event of a fatality, this procedure will enable next-of-kin to me notified immediately.
BMV Registrar Mike Rankin says, "We are encouraging all Ohioans to take advantage of this beneficial opportunity, to save time when trying to identify family and friends of a crash victim."
posted by Dale Perdue at
8:33 AM
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Wednesday, August 20, 2008
Back to School with Backpack Safety
At Clark, Perdue & List we are always concerned with safety. As a new school year begins, parents need to devote careful attention to the safety issues associated with backpacks.
A study done by the Consumer Product Safety Commission found that 3,300 children aged 5-14 were treated in emergency rooms for injuries related to carrying heavy backpacks. An Auburn University study showed that 67% of children suffer muscle soreness, 51% back pain, 24% numbness and 15% shoulder pain as a result of heavy backpacks. The American Academy of Orthopedics surveyed their physicians and found that 52% think that heavy backpacks are a serious problem.
Here are some suggestions from experts in health care and ergonomics that can help your child avoid injury from carrying a backpack:
Proper backpack fit:
- It should be lightweight.
- It should not be larger than the child†TMs back.
- Backpacks should not extend more than 4 inches below the child†TMs waist.
- Wide, padded, adjustable straps distribute the load over the shoulders.
- A waist strap helps distribute the weight and transfer the load to the hips; this is especially important for students with thin bodies.
- A padded back adds comfort.
- A lumbar support in the padding will help prevent slouching.
- Separate compartments keep items organized and prevent shifting of weight.
- A strap between the shoulders prevents slouching.
- Bigger is not better because more weight can be carried.
- Backpacks on wheels may be advisable.
Correct backpack use:
- Children should be instructed to use both shoulder straps.
- Tighten the shoulder straps so that the backpack hangs slightly below the shoulders with no more that 4 inches hanging below the waist line (belly button, not the hips).
- Use the waist and chest straps.
- Wear the pack only when necessary.
Safe backpack weight:
Both the American Academy of Orthopedic Surgeons and American Physical Therapy Association recommend these backpack weight limits:
- 60 lbs. can carry a maximum of a 5 lb. backpack
- 60-75 lbs. can carry 10 lbs.
- 100 lbs. can carry 15 lbs.
- 125 lbs. can carry 18 lbs.
- 150 lbs. can carry 20 lbs.
- 200 lbs. can carry 25 lbs.
- No one should carry more than 25 lbs. in a backpack.
- Pack only the essentials.
- Pack heavier items at the bottom to transfer the weight to the hips.
- Separate compartments help keep the load from shifting.
- Flat items should rest against the back to keep bulky or pointy items away from the child†TMs back.
- Determine whether additional weight of sports or musical equipment will be carried.
Children are not required to carry their books home every night. Books can be stored in lockers. Parents and teachers can help children plan ahead so that only the books that are absolutely necessary are carried home.
We hope this information will help children to be safe and pain free this school year.
posted by Dale Perdue at
9:16 AM
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Sunday, March 09, 2008
Headline: Use Common Sense When Shoveling Snow
Ohio's "Blizzard of 2008" dropped a record setting 20.4 inches of snow on central Ohio. That's a lot of snow in a lot of driveways that has to be removed before people can get to grocery, church, school and work.
That much snow, and the need to remove it form driveways and sidewalks, is a reminder that shoveling snow poses significant health risks.
The most obvious and well-known risk associated with shoveling snow is heart attack. According to CBS news correspondent Dr. Emily Senay, those most at risk for heart attack include:
- Anyone who has already had a heart attack,
- Individuals with a history of heart disease,
- Those with high blood pressure or high cholesterol levels,
- Smokers, and
- Individuals leading a sedentary lifestyle.
Dr. Warren Yamarick, medical director at Riverside Methodist Hospital in Columbus says that many people don't realize that they are at risk for heart disease, and that shoveling snow can trigger a heart attack in even the most unsuspecting person.
Even if you exercise regularly and believe that you are in good physical condition, shoveling snow strain muscles not regularly used in your sporting activities or workout regime. Most at risk are the muscles in your back, and strains to these muscles can leave one temporarily incapacitated.
Dr. Senay offers several practical tips for safer shoveling:
- If you are inactive and have a history of heart trouble, talk to your doctor before you take on the task of shoveling snow.
- Avoid caffeine or nicotine before beginning. These are stimulants, which may increase your heart rate and cause your blood vessels to constrict. This places extra stress on the heart.
Drink plenty of water. Dehydration is just as big an issue in cold winter months as it is in the summer. - Dress in several layers so you can remove a layer as needed.
- Warm up your muscles before shoveling, by walking for a few minutes or marching in place. Stretch the muscles in your arms and legs, because warm muscles will work more efficiently and be less likely to be injured.
- Pick the right shovel for you. A smaller blade will require you to lift less snow, putting less strain on your body.
- Lift with your legs not your back. Bend your knees and keep your back as straight as possible so that the lifting comes from your leg muscles, not your back. Never bend at the waist. Step in the direction that you are throwing snow. This will help prevent the lower back from twisting and will help alleviate any back soreness that you might typically experience the day after a hard shoveling job.
- Create some distance between the hands. This will give you more leverage and make it easier to lift snow.
- Pick-up smaller loads of snow. It's best to shovel by sections. If you are experiencing snowfall levels of 12-inches or higher, take it easy and shovel 2-inches off at a time.
- Do push. Don't lift. Save your back and your energy by simply pushing the snow to the side instead of lifting the snow and throwing it off to the side.
- Listen to your body. Stop if you feel pain or observe heart attack warning signs. These may include chest pain as well as shoulder, neck or arm pain; dizziness, fainting, sweating or nausea; or shortness of breath. If you think you're having a heart attack, seek medical help immediately.
posted by Dale Perdue at
8:19 AM
0 comments
Sunday, February 10, 2008
Cell Phones and the Do Not Call Registry
If you've received an e-mail warning that cell phone numbers will soon be released to telemarketers and that you should hurry and add your number to the federal government's Do Not Call Registry, ignore it. It is totally false, say government officials.
The Federal Trade Commission (FTC) reports that it is already illegal for most telemarketers to call mobile phones. They are prohibited from using automated dialing to reach cell phones, pagers or any other such service where the recipient has to pay for the call. Automated dialing is what most telemarketers use.
Although the rumor has previously surfaced, the FTC has seen a recent increase in inquiries about it and has urged recipients to stop forwarding the e-mail. It is unsure as to what is driving the e-mail, although it stated on its website earlier this year that the rumor might be the result of discussions by leading telecommunication companies concerning creating a wireless 411 information directory. But even if this were implemented, the FTC states, consumers would still have a choice as to whether to be included in the directory, and it would not be released to telemarketers.
Consumers can certainly add their cell phone numbers to the Do Not Call list, but it isn't necessary. It is against the law for telemarketers to call phone numbers on the registry, except for charitable and political organizations and companies conducting surveys. However, the FTC does purge numbers from the registry after five years, requiring consumers to reregister. Federal legislation is pending, though, which would make the registry permanent. You can check online to see when your registration will expire, or register new numbers at
http://www.donotcall.gov/. New numbers can also be added by calling 1-888-382-1222.
posted by Dale Perdue at
1:29 PM
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Sunday, December 02, 2007
Bicycle Safety Tips--Ride as Though You are Invisible
According to a recent study by the Mid-Ohio Regional Planning Commission, 105 bicycle-motor vehicle crashes have occurred on the seven-mile stretch of High Street from Downtown to Morse Road since 200. The Ohio Department of Public Safety similarly reports that there have been between 200-270 bike crashes each year for the period 2002-2006. More than 1500 crashes have occurred in Franklin and Delaware counties from 2000-2004, and there have been five fatalities since 2000.
A national firm has been engaged by the city to address this problem and is expected to have a final bikeways plan next year that will include recommendations on making Columbus more bike friendly. Many believe that it is a question of room for the cyclist and that a combination of wider streets or bike lanes would greatly help cyclists and motorists to coexist.
But it is also a matter of educating both riders and drivers to be more aware experts say. Data shows that 29% of crashes are caused by cyclists who improperly cross streets or fail to yield to a car, while 14% are due to drivers failing to yield to cyclists. Not surprisingly, 33% of cyclists involved in crashes are younger than 16. It is they, of course, who are far more likely to be seen riding while using their iPods, MP3 players and headphones, all of which are obvious potential sources of distraction for a cyclist.
The point is that most bicycle crashes can be avoided by increased rider attention. Bicycle riders need to pay closer attention not only to what they are doing, but also to what motor vehicle operators are doing. Bicycles and motorcycles are frequently "invisible" to other motorists; so riders have to engage in a high degree of defensive riding. Riders should assume that they are "invisible" to motorists, and plan their defensive riding strategies accordingly. This cannot be accomplished with the distraction of any electronic devices.
posted by Dale Perdue at
6:54 PM
0 comments
Wednesday, November 21, 2007
Dog Bite Injuries are Good Claims in Ohio
In Ohio, dog bite victims have rights! With only one exception, Ohio law imposes "strict liability" upon the owners or keepers of dogs that cause harm. Strict liability is a legal term that means the victim does not have to prove that the dog owner was negligent. The statute can be found at Ohio Revised Code Section 955.28. It provides that an owner, or keeper of a dog will be liable for any injury, death or loss to a person or property caused by such dog, unless the victim was either committing or attempting to commit a trespass or other crime, or was teasing, tormenting or abusing such dog on the property of its owner.
When two or more persons own or harbor a dog, all are jointly liable for the damages it causes. Thus, Ohio courts long ago confirmed that one who harbors, but does not actually own the dog, may nevertheless be held jointly liable along with the owner.
Sawrey v. Grant, 31 Ohio App. 14 (1928);
Rosenblatt v. Bosse, 50 Ohio App. 449 (1934).
While "punitive damages" are not available under the statute, they may be recovered under a common law negligence claim. To recover punitive damages, one must show that the owner of a dog knew of its vicious nature, but kept it anyway, notwithstanding such knowledge. In the majority of cases where punitive damages have been awarded, the evidence indicated that even though the owner had been aware that the dog had previously bitten others, no steps had been taken to restrain the animal. This is sometimes referred to as the "one bite" rule. As a practical matter, it is difficult to recover punitive damages if the dog has never bitten anyone before. But after one bite, the owner is presumed to have knowledge of the dog's vicious nature.
Dog bites are typically covered under the dog owner's homeowners insurance policy. So, dog bite victims generally have good claims in Ohio. Strict liability makes proving the claim fairly simple, and compensation can generally be recovered from the dog owner's homeowners insurance.
posted by Dale Perdue at
7:00 AM
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