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Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for November, 2011

Child Injury – Is My Child’s Toy Dangerous by Cincinnati Injury Lawyer

Monday, November 28th, 2011

This is the final article in a series on child injury focusing on dangerous toys. The first three articles talked about the primary injury hazards and toys on the market currently that are dangerous. The four primary hazards discussed from child toys were : Choking, Strangulation, Loud noises , and Toxins.

At my web site Anthony Castelli Attorney accident and personal injury lawyer I provide a resource  My Child Injury Safety Resource page for you to check on the common and not so common hazards that our children face. A great resource I draw from is SafeKids. You can go to my Resource page and get information about the following:

Bicycling and Skating – Car Seats, Boosters and Seat Belts, –  Choking, Suffocation and Strangling

Drowning,Water, Pool Safety – Falls – Fires, Burns – Around Cars – Playgrounds – poisons- Toys

There are many more hazards to children than just toys , but this series has emphasized dangers to your child from toys. For example draw stings in upper wear can be a stangulation hazard. Especially for children under 12. The CPSC considers draw stings at the neck to be defective for children and subject to recall. So don’t just limit your concern to toys, but I thought this would be a timely topic for the holiday shopping season.

What You Can Do To Protect Your Child

1. Examine toys carefully for all potential dangers. Remember the CPSC does not test all toys.

2. Do not let your child play with magnets. If swallowed they can cause serious injury.

3. Do not purchase clothes with drawstrings at the neck.

4. Do not buy metal or plastic toys if your child will  put their mouth on them.

5 Take this downloadable Toy Safety Tips Brochure.

It’s critically important that parents take a proactive approach to the toys you buy for your children. Educate yourself so you have a better idea of what product is potentially unreasonably dangerous to your child. Here is a great child injury resource to check on what products have been recalled. This Toy and Product Recall Finder is an excellant tool. You put in the name of  the toy and it tells you if it was recalled, describes the hazard and tells you exactly what to do. GET THE TOY AWAY FROM YOUR CHILD.

If you have a child injury  contact Cincinnati Personal injury Lawyer Anthony Castelli Attorney at 621-2345 for a  free consultation.

PS Also remember balloons and marbles though fun in the hands of a small child are a choking hazard. And wouldn’t you be surprised to know that even some Thomas the tank cars were recalled because of lead paint. I was.









				
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Child Injury – Toys That Kill Part III by Cincinnati Lawyer  Castelli

				
Monday, November 28th, 2011

				
This article on child injury is the third in a series about dangerous toys that are being sold right now. Toys that can maim and/or kill. In previous articles we dealt with toxic toys , those containing lead or phalates. These articles are prompted by research done by the Ohio Public Interest Research Group and the report they authored Troubles in Toyland.


This article will emphasize the toys that are out there that can kill. As a Cincinnati personal injury attorney the saddest thing I see is the death of a child. It’s deeper than calling such a death a tragedy, especially when it could have been prevented. Criminal law rarely holds the wrongdoer responsible. That’s why it’s left to a personal injury wrongful death lawyer to bring the wrongdoer to justice by making them pay where it hurts the most, in the pocketbook.


The two biggest risks of death from toys are choking and strangulation. The United States Consumer Protection Safety Commission banned the sale of toys intended for children under  the age of 3 if they fit inside a choke test cylinder , which has a diameter of 1.75 inches. This approximates the throat of a child under three.


This also applies to toys that during use and abuse can separate and have an object of that size. There are three factors that determine if a toy is for use for a child under three:


1. the manufacturer’s stated intent, the age labeling,


2. the advertising and marketing of the toy,


3. is the toy commonly recognized for use by a child under three.


Here are the toys identified as choking hazards without proper labeling or warning, there may be more.


Child injury choking hazard


  
Child injury Choking Hazard


1. Wooden block set manufactured by toy smith . Several blocks fit in the small parts test tube.


2. Sesame St Doll Oscar. Garbage can lid hat comes off easily, fits in small parts test tube


3. Green rubber grape by Iwako. Missing required choke hazard warning label as it fits in tester but determined for ages 3-6


Other toys are mentioned . Primarily because of a lack of warning since even though they fit through the small ball tester they are directed toward children 3-6


The warning  looks like this :Warning Choking Hazard. Not intended for children under 3 .


For some reason this appears a bit arbitrary. For instance marble are sold. they are a choking hazard. They just need a warning. No one is going to say ban marbles. And certainly there is a large part of parental responsibility in watching over your child.


If you have questions about your child injury contact Cincinnati personal injury lawyer Anthony Castelli Attorney 513-621-2345 for a free consultation.



				
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Child Injury – Watch Out For Dangerous Toys Part II by Accident Lawyer Anthony Castelli

				
Sunday, November 27th, 2011

				
Whirly wheel child injury lead hazard
Whirley wheel child injury hazard


This is part two of a series on dangerous toys that are out there in the market place that can cause your child a personal injury even death in some cases. Much of this material is taken from a 2011 Study called Trouble in Toyland 2011. This study identified four major hazards about certain toys : strangulation, toxins,  choking and excessive loudness. Part I in our series included coverages on one of the toxins and two of the toys that had something in them called philates. Click on this link to read the first part of the series on  My Child Injury at my blog CincinnatiPersonal Injury and Accident Attorney .


The second toxin dealt with was lead. The dangers of lead based poisoning in children has been known for some time. One of the well known hazards is paints chips in older apartments and houses. But the recent report implicated several toys.


Lead was banned in the US in 1978 from house paint, dishes and products marketed to children. Lead can cause IQ and attention deficits, hyperactivity, impairment of hand eye coordination as well as permanent brain damage and death. The consumer product safety commission has issued standards regarding lead. Toys containing 100 ppm are now banned. In the past year nearly 200,00 toys were banned.


However the Ohio research institute found three toys with lead in them that exceeded the 100 ppm standard. The toys are as follows:


1. Little Hands Love Book    300 PPM


Lead hazard for child injury


 


2. Whirly Wheel                        300 PPM


 


3. Spritz medals         140 PPM


You can see these toys look harmless. there is nothing to indicate there is lead inside  these toys that could cause significant damage to your child.  As a Cincinnati personal injury lawyer I hope I never have another child injured by lead. If you have any suspicion at all that your child has put something in their mouth that you later learn had lead content make sure you take them to Cincinnati Children’s hospital to be tested.


If you have any questions contact Cincinnati personal injury lawyer Anthony Castelli Attorney  at 513-621-2345


Child injury lead hazard toy
Child injury lead hazard toy

				
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My Child Injury – Watch Out For These Dangerous Toys Series by Anthony Castelli Attorney

				
Saturday, November 26th, 2011

				
This article is about preventing child injury from dangerous toys. As a Cincinnati personal injury lawyer I’ve seen the pains an injured child goes through as well as the effect on a child’s parents when their child is seriously injured. Once the damage is done it seems so insignificant to get compensation for the child injury. However , if the manufacturer or wrongdoer of a dangerous toy is hit hard enough in the pocket book possibly they may make safety changes.


Recently an article in the Cincinnati Enquirer  gave 3 square inches to this headline, Report Identifies Dangerous Toys. This report was from the Ohio Public Interest Research Group’s 2011 Trouble in Toyland. The report explicitly mentioned 12 toys that were dangerous. The report breaks down the dangers to your child into these 4 injury categories:


  1 Toxins in Children’s Products 


 2 Choking Hazards


 3 Excessively Loud Toys 


4. Strangulation Hazards


Lead , cadmium and phalates are the three most dangerous toxins often found in childrens’s toys. Most of us have heard of lead hazards , but how many even heard of the word Phalate. As a child injury lawyer I was shocked to hear about this compound. The plastics industry uses these pervasively to improve flexibility of products and they are used in personal care products. They produce hazards such as reproductive defects, premature delivery, early onset of puberty, and lower sperm counts.


Every person in America is presumed to have some level of phalates in their system . The challenge is to keep the level below what can produce harm. Unfortunately who really knows the total damage these things can cause us. The chidren’s toys called Funny glasses and Sleep Masks were noted by the study to  have higher than allowed phalate levels.


As a result of pressure Congress banned about 6 types of phalates. Several states have instituted even more significant bans. Ohio is not one of them . I suggest you contact the state and consuper protection commisions to voiec your concerns.


Cincinnati Personal Injury Lawyer Anthony Castelli Attorney invites you to contact him if your child has been wrongfully injured or hurt in any way. For a free consult call 513-621-2345 or fill in the information in the box.






 


 

				
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The Holidays are Difficult For Some – Give Someone a Hug -Tell Them You Love Them

				
Thursday, November 24th, 2011

				
On Wednesday I had a client in picking up a check for her injury case. I asked her what were her plans for Thanksgiving.  She said cook and ….. I had not quite heard the last word . So I asked again. This time I heard clearly what she said, ” Cook and grieve.”


I asked what she was grieving. She told me her son had died 2 years ago. She told me that he had committed suicide.  She was not sure completely why. But it was obvious she still blamed herself. All I could  do was tell her a short ” love you” and give her a hug.  It didn’t seem like much . But it was all I knew what to say or do.


If you have lost someone to suicide, the first thing you should know is that you are not alone. Each year over 34,000 people in the United States die by suicide — the devastated family and friends they leave behind are known as “survivors.” There are millions of survivors who, like you, are trying to cope with this heartbreaking loss.


If the loss was not by suicide but was a traumatic death you can bet your client is having a difficult time. Maybe you could call them this week just to say hi , how are you doing. I know you are busy , but that small little gesture coming from a lawyer can go a long way to letting your client know that the outside world cares and remembers.


Last year I had two cases I was working on involving a wrongful death. This year it’s only one .  Here’s a quote from a mom about the  the death of her child:


“One learns to live with the loss, the tragedy, the waste, and the gaping hole in the fabric of one’s life. There is no closure, nor would I want one. I want to remember him all my life, vividly: his laughter, the smell of his sneakers under his bed, his moments of joy, his humility, and his integrity.”


Even though its been 3 years since the death, the fabric of the family I represent has been shredded and they have not learned to live with the loss.  Hopefully I can push this case forward to a resolution. The trial is set. This is but a piece in the puzzle that can help the family move forward.  For the survivors to find some joy in life, and not so much pain within pain  they need to see justice served .  They need to see the wrongdoers take  responsibility. Or made to take responsibility.


It makes me a bit sad to write this.  You see I don’t handle my emotions so well. And I have everything in the world to be thankful for. A great family , wife, children, brother, sisters , parents and friends. I’ll make sure today to hug each one and tell them I love them .


by Cincinnati personal injury lawyer Anthony Castelli Attorney

				
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Cincinnati Personal Injury Lawyer on Car Accident Crash Reconstructions

				
Tuesday, November 22nd, 2011

				
As a Cincinnati personal injury lawyer I have many clients who have been involved in car accidents. Sometimes responsibility for the car crash is clear cut. Other times there can be a big dispute about who was at fault.


Eyewitness testimony is often critical, but is also suspect. Things  happens so fast the people’s impressions are skewed. Upon closer questioning their opinion as to the speed of vehicles falls apart. There are a few questions you can ask a witness that can diminish if not destroy their estimate.  Or if the issue is not speed, but the way the impact occurred, witness statements can also be significant as well as mistaken.


Last Saturday various sources reported on a two car collision that resulted in the death of Nona Wyche. The accident happened at I-75 northbound. Police stated that two cars collided as they both tried to change lanes at the same time. The car driven by Hicks ended up striking a light pole after the collision and overturned. Nona Wyche was one of three passengers in this vehicle. There was one passenger in the other car driven by Jeff Jackson. The investigation continues and the police are asking for witnesses to come forward.


There was mention of Nona Wyche being in the back seat and unbelted. That really has no legal significance unless you were a front seat passenger. But with 5 people alive to tell their stories I imagine there will be some conflict. Certainly the police put their top accident reconstructionists on the case. Unfortunately I’d bet none of them have any engineering experience.


The police get their training on the job and go to seminars. This pales in comparison to the knowledge a mechanical engineer has. Not may cops really know the science behind what they do.  And I have seen the work of even the highest in the Highway patrol out of Columbus be totally off the mark .


It’s critical in these cases to get the electronic data recorder EDR from the vehicle. Even the GPS  can provide data. But ultimately it’s adviseable for the injured party to get the best accident reconstructionist on the case as soon as possible. You must be careful who you pick , since some are much more competent than others.


Cincinnati personal injury lawyer Anthony Castelli Attorney can answer your questions if you have been in a serious car crash or a wrongful death has resulted to a family member from a car wreck or other personal injury.  Don’t let important evidence be missed or lost forever call 513-621-2345 for a free consultation.


Anthony has an office at 8170 Corporate Park Drive just off Montgomery road, Cincinnati, Ohio and another office at Union Center exit off I-75.


 


 

				
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Cincinnati Personal Injury Lawyer on Scam Phone Calls After a Car Accident Injury

				
Wednesday, November 16th, 2011

				
As a Cincinnati personal injury lawyer I have had clients tell me about all the letter in the mail from lawyers and chiropractors. Many feel this is an invasion of privacy. I have seen some letters that actually provide some good information , but not many. Most of them invite you to a free consultation or free check up.


But what is really disturbing is the phone calls to injury victims soliciting them to come to a doctors visit. These are agencies that some, usually chiropractors, hire to get you in their door. Much of what is said can be misleading. I called one of these place up , after a potential client told me about a call they received


They said there would be no cost associated. They would send transportation if  I needed it. They even acted like it was for insurance purposes. I give the person that hired them th benfit of the doubt. maybe they don’t know what is being said, but now you know.


If you take them up on their offer,  just think if your case goes to lawsuit what could happen. The defense insurance  lawyer asks you in your personal injury case deposition how you found this doctor. Your answer is they hired some one who looked up the police reports and called me. Now your case sounds made up . Please consider the ramifications when you receive a solicitation call like that. You are much better off scheduling an appointment with your family doctor. They can help guide your treatment in the right direction.


For more information if you have injuries caused in a car accident or other type of mishap caused by the fault of  another contact Anthony Castelli attorney Cincinnati personal injury lawyer. He welcomes your call to 513-621-2345 and will speak with you personally to answer your question at no charge and if your case merits his help he will work on a contingency fee.

				
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Protecting Your Child From Sexual Abuse

				
Saturday, November 12th, 2011

				
As a Cincinnati personal injury lawyer for 30 years I have  seen many child injury cases. The saddest I could think of are the death of a child. Unfortunately sexual abuse of a child can be the emotional death of a child. The recent Penn State issue tells us that many times the abuser  is someone that knows the child. In fact the statistics are that it is more likely to be someone the child knows that’s an abuser.


Here Are Steps To Protect Your Child


1. Make sure that if your child participates in any activity involving an adult that at least two adults are present.


2. Make sure you ask the leaders of the programs your child participates in how they screen their workers.


3. Communicate with your child that they can talk to you about anything.


4. Begin sex education at an early age.


5. Let your child know that they should tell you about anything that makes them uncomfortable.


6. Tell your child they have the power to say no to unwanted conduct from an adult.


7. Show up at your child’s activities


8. Report any suspicion of child abuse to the police.


9 . Make sure any institutions your child is involved with have programs in place so that they require two adults two always be present.


10. Keep in communication with your child when they are away from home.


By personal injury attorney Anthony Castelli Attorney

				
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Personal Injury Attorney on Fatal Car Crash in the News

				
Thursday, November 10th, 2011

				
As a Cincinnati personal injury attorney I am acutely aware of the carnage on our streets from car accidents that could have been prevented. It’s tragic when I hear “I’ve was seriously injured in car accident, what steps should I take.” Just recently I read about a truck driver that caused an accident because they were driving under the influence. No it was not driving drunk, it was apparently driving drugged.


The Cincinnati Enquirer reported that the police are investigating a truck driver, Aaron Taylor, who ran a car  off the road of I-275 killing the car driver John Noe. The truck driver told police he was a heroin addict and was returning from a methadone clinic. the allegation is the truck driver was either high on methadone or heroin.


The truck was reportedly owned by Larry Bailey. Just why the truck driver was permitted to be driving a vehicle of destruction, a dump truck, still has not been determined. In these cases you can bet the owner will do whatever to avoid liability, as will potentially his insurance company.


Unfortunately in a wrongful death you can not hire a lawyer to bring the deceased back. But the lawyer can seek justice for the loved ones by leaving no stone unturned to find all insurance coverages available and fighting for the family to get all the compensation they deserve. In my view a life is worth more than  property. So I am not troubled in the least by large verdicts and settlements for the family of those injured wrongfully by car or truck drivers driving while under the influence and causing a death.


As a personal injury lawyer Anthony Castelli attorney handles wrongful death and serious injury and death related car and truck crashes.

				
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Tractor Trailer Train Collision Hamilton, Ohio

				
Saturday, November 5th, 2011

				
As a personal injury lawyer I know that crossing a train track is always dangerous. Many railroad crossings in the state of Ohio are unguarded . Just today a semi driver was miraculously not seriously injured when his truck stalled on the train tracks.


The  semi driver was  en route to West Chester and was hurt when his truck stalled on railroad tracks and his truck was hit by a slow-moving train.  The accident happened around 5 p.m. Thursday. There was another man with the semi truck driver who excited the truck and tried to wave down the train.


Police say the semi was eastbound on Maple Avenue and from State Route 127 and tried to cross the tracks.  The truck stalled, and the driver, 52-year-old Calvin Jennings, tried to back off the tracks.   He was ejected from the cab when the train hit, and landed near the front left tire.


Jennings was taken to Miami Valley Hospital with non-life threatening injuries.


It is doubt full that there would be any responsibility on the part of the railroad.  Although one might argue their negligence if they had time to stop.There are railroad injury cases that are the fault of the railroad. Some crossings in Ohio should have gates and lights but do not.


It is critical to slowly approach a grade crossing, especially the ones without gates and lights and limited visibility. It’s amazing how with the window up, the heater blowing and the radio on that the train whistle is just not all that of a warning.


by Cincinnati personal injury lawyer Anthony Castelli attorney

				
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