Our children are our greatest treasures. Of course, the younger they are the more they are dependant upon us for most everything. While the caring of parents never really ends, it usually requires the most detail and attention during the tender years of birth through preschool. Children at very young ages develop quickly from a state of helplessness to one of great curiosity. Fingers, feet and heads seem to have a tendency to find themselves in awkward and sometimes risky places. If you are planning on starting a family or if you are a grandparent with young children heading back into your care, please take the time to protect your infants and children from the household hazards that are a danger to them. A good reference to start learning about childproofing or child protecting or to refresh your past knowledge is found in the brochure produced by the Consumer Product Safety Commission that you can reference by clicking on the following link: http://www.cpsc.gov/cpscpub/pubs/252.pdf
Don't take shortcuts and don't make the mistake of favoring your convenience over your child's safety. Play it safe and protect your greatest treasures!
Nat Smith
Friday, October 30, 2009
Wednesday, October 28, 2009
The most famous case in American History---it might be the McDonald's coffee spill case
The McDonald's coffee spill verdict caused quite a stir (no pun intended). The punitive damage verdict of almost $3,000,000, later reduced to $480,000, was fodder for the media and corporate america to distort the facts for the purpose of attacking our civil justice system. This case was used and continues to be used for a political agenda to prevent access to the court system and immunize corporations from civil liability. A new movie in production will expose the motivations of those big business and insurance interests who manipulated the media using the McDonald's coffee spill case. For now, you can watch a three minute trailer for a preview of the feature documentary film "HOT COFFEE: Is Justice being Served?" at the film producers blog at http://hotcoffeethemovie.com/trailer/ Please take a look at the trailer for some brief illumination of the types of unfair manuevering that big business and insurance interests will perform in order to protect their own interests and consequently harm your individual rights and access to the courts.
Do you want to know the real facts of the McDonald's coffee case? For now, please take a look at the fact sheet compiled by the American Association for Justice (formerly known as the American Trial Lawyers Association) as found set forth below. Otherwise, keep you eye out for the eventual release of "HOT COFFEE: Is Justice being Served?".
My point today is that we can't allow ourselves to believe and be mislead by the prevalent attacks on the civil justice system and Plaintiff -victims that we read and hear through the media. We need to step back and investigate to make certain that the facts which form the basis of any campaign against the civil justice system are true and accurate. We owe that to ourselves in order to do our best to make sure that justice is not being attacked by fiction but instead is being preserved by truth.
FYI: Here are the real facts of the McDonald's coffee case:
There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee inFebruary 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilledinto her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body,including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.During discovery, McDonalds produced documents showing more than 700claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. Thish istory documented McDonalds' knowledge about the extent and nature ofthis hazard. McDonalds also said during discovery that, based on a consultantsadvice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sellcoffee at substantially lower temperatures, and coffee served at home isgenerally 135 to 140 degrees.Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.Plaintiffs' expert, a scholar in thermodynamics applied to human skinburns, testified that liquids, at 180 degrees, will cause a fullthickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.McDonalds asserted that customers buy coffee on their way to work orhome, intending to consume it there. However, the companys own research showed that customers intend to consume the coffee immediately while driving. McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee andthat a statement on the side of the cup was not a "warning" but a"reminder" since the location of the writing would not warn customers of the hazard.The jury awarded Liebeck $200,000 in compensatory damages. This amountwas reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million inpunitive damages, which equals about two days of McDonalds' coffeesales. Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit. The trial court subsequently reduced the punitive award to $480,000 --or three times compensatory damages -- even though the judge calledMcDonalds' conduct reckless, callous and willful.No one will ever know the final ending to this case.The parties eventually entered into a secret settlement which has neverbeen revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.-----excerpted from ATLA fact sheet. © 1995,
Nat Smith
Do you want to know the real facts of the McDonald's coffee case? For now, please take a look at the fact sheet compiled by the American Association for Justice (formerly known as the American Trial Lawyers Association) as found set forth below. Otherwise, keep you eye out for the eventual release of "HOT COFFEE: Is Justice being Served?".
My point today is that we can't allow ourselves to believe and be mislead by the prevalent attacks on the civil justice system and Plaintiff -victims that we read and hear through the media. We need to step back and investigate to make certain that the facts which form the basis of any campaign against the civil justice system are true and accurate. We owe that to ourselves in order to do our best to make sure that justice is not being attacked by fiction but instead is being preserved by truth.
FYI: Here are the real facts of the McDonald's coffee case:
There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee inFebruary 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilledinto her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body,including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.During discovery, McDonalds produced documents showing more than 700claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. Thish istory documented McDonalds' knowledge about the extent and nature ofthis hazard. McDonalds also said during discovery that, based on a consultantsadvice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sellcoffee at substantially lower temperatures, and coffee served at home isgenerally 135 to 140 degrees.Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.Plaintiffs' expert, a scholar in thermodynamics applied to human skinburns, testified that liquids, at 180 degrees, will cause a fullthickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.McDonalds asserted that customers buy coffee on their way to work orhome, intending to consume it there. However, the companys own research showed that customers intend to consume the coffee immediately while driving. McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee andthat a statement on the side of the cup was not a "warning" but a"reminder" since the location of the writing would not warn customers of the hazard.The jury awarded Liebeck $200,000 in compensatory damages. This amountwas reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million inpunitive damages, which equals about two days of McDonalds' coffeesales. Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit. The trial court subsequently reduced the punitive award to $480,000 --or three times compensatory damages -- even though the judge calledMcDonalds' conduct reckless, callous and willful.No one will ever know the final ending to this case.The parties eventually entered into a secret settlement which has neverbeen revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.-----excerpted from ATLA fact sheet. © 1995,
Nat Smith
Thursday, October 22, 2009
Are you prepared for an accident?
My college age daughter called recently and said that she had just been tapped into by another car. She got the offending driver's name and address, but no insurance info. After I "calmly" explained why she needed to to do more, it struck me that most people are probably unaware of what they should do when involved in an accident. I would suggest that you print the list below and keep in your glove box.
1. Call the police in any instance if there is bodily injury, severe damage to your car, or the other driver refuses to show you their driver's license and insurance card, or is uninsured.
2. Definitely call the police and your insurance company if involved in a hit-and-run or if you are forced off the road by a vehicle or animal.
3.Keep an inexpensive camera in your car; a cell phone with a camera will do. Just remember to take the photos.
4.Secure the name and phone number of any witnesses, if possible.
5. Obviously exchange contact info with the other driver if no police investigation. Again, have the other driver show you their insurance card and driver's license. If they refuse, call the police.
6. Stress and adrenaline usually kick in. Thus, while you may not feel that you are injured, do not refuse medical treatment at the scene if available. Go to the emergency room if anything feels wrong. Do not be surprised if you do not perceive any injuries while at the scene but you experience pain once you get home or the next few days.
7. Check your car(s) NOW to make sure that you have your own insurance and registration info handy. Do not assume that you have a pen and paper in the car, place it there NOW.
Attorney Doug Stoehr
1. Call the police in any instance if there is bodily injury, severe damage to your car, or the other driver refuses to show you their driver's license and insurance card, or is uninsured.
2. Definitely call the police and your insurance company if involved in a hit-and-run or if you are forced off the road by a vehicle or animal.
3.Keep an inexpensive camera in your car; a cell phone with a camera will do. Just remember to take the photos.
4.Secure the name and phone number of any witnesses, if possible.
5. Obviously exchange contact info with the other driver if no police investigation. Again, have the other driver show you their insurance card and driver's license. If they refuse, call the police.
6. Stress and adrenaline usually kick in. Thus, while you may not feel that you are injured, do not refuse medical treatment at the scene if available. Go to the emergency room if anything feels wrong. Do not be surprised if you do not perceive any injuries while at the scene but you experience pain once you get home or the next few days.
7. Check your car(s) NOW to make sure that you have your own insurance and registration info handy. Do not assume that you have a pen and paper in the car, place it there NOW.
Attorney Doug Stoehr
Monday, October 19, 2009
Insurance tip for the week
We receive calls about automobile accidents. Our staff is instructed to ask whether the caller has full or limited tort. Frequently the caller says: "Yes, I have "full coverage", meaning collision and comprehensive. This has nothing to do with the full tort option. Briefly, limited tort allows a policyholder to save money (usually no more than 15 %) but lose the legal right to make a claim for injuries unless the injury is "serious". Unfortunately the Pennsylvania courts and insurance companies interpret "serious" to be chronic, if not permanent. Thus, if you elect limited tort, you trade slight savings for fair compensation of your injuries.
TIP: discuss this thoroughly with your agent. Do not assume that the agent will cover this in detail and, remember, the agent works for the insurance company, not you. If you already have limited tort, it is not too late to change. Merely call your agent and ask that a form be sent to you. Call us if you have any questions. we are here to help even if you do not have an injury claim right now. Remember, our attorneys used to work for the "other side". Let Stoehr & Smith work for you now. Attorney Doug Stoehr
TIP: discuss this thoroughly with your agent. Do not assume that the agent will cover this in detail and, remember, the agent works for the insurance company, not you. If you already have limited tort, it is not too late to change. Merely call your agent and ask that a form be sent to you. Call us if you have any questions. we are here to help even if you do not have an injury claim right now. Remember, our attorneys used to work for the "other side". Let Stoehr & Smith work for you now. Attorney Doug Stoehr
Thursday, October 15, 2009
Winter is just around the bend....maybe tonight
Heading out for work this morning in the chilly rain after hearing weather forecasts of potential evening snow fall throughout north central Pennsylvania prompts real time thoughts of winter's arrival. When winter arrives, safety concerns abound for which we need to be prepared. Without careful planning and prevention, the winter brings hazards that can catch us off guard and vulnerable to injury. Ice, snow and cold result in road hazards, pedestrian hazards, home hazards and work hazards. Now is the time to learn or refresh our knowledge of ways in which we can protect ourselves to prevent most of the hazards of winter from getting the best of us.
Here are some great internet resources that you can read in order to get ready for what will quickly be upon us- the beautiful, but sometimes treacherous months of winter:
www.bt.cdc.gov/disasters/winter/pdf/cold_guide.pdf
and
http://www.bt.cdc.gov/disasters/winter/guide.asp
U.S. Department of Health And Human Services
Centers for Disease Control and Prevention
www.osha.gov/SLTC/emergencypreparedness/guides/winterstorms.html
U.S. Department of Labor
www.kidsource.com/safety/winter.safety.cold.html
Kidsource Online
http://www.aap.org/advocacy/releases/decwintertips.cfm
American Academy of Pediatrics
These resources discuss winter safety for young and old, at home and away, and at work and at play. Please prepare NOW so that you increase your chances of making it through the winter safely. While we are here at Stoehr & Smith, LLC, to help you when home, work, on the road and on foot accidents cause harm to you and your family, we would first prefer that your safety is protected as much as possible throughout the upcoming winter months.
Wishing you warm and safe travels!
Nat Smith
Here are some great internet resources that you can read in order to get ready for what will quickly be upon us- the beautiful, but sometimes treacherous months of winter:
www.bt.cdc.gov/disasters/winter/pdf/cold_guide.pdf
and
http://www.bt.cdc.gov/disasters/winter/guide.asp
U.S. Department of Health And Human Services
Centers for Disease Control and Prevention
www.osha.gov/SLTC/emergencypreparedness/guides/winterstorms.html
U.S. Department of Labor
www.kidsource.com/safety/winter.safety.cold.html
Kidsource Online
http://www.aap.org/advocacy/releases/decwintertips.cfm
American Academy of Pediatrics
These resources discuss winter safety for young and old, at home and away, and at work and at play. Please prepare NOW so that you increase your chances of making it through the winter safely. While we are here at Stoehr & Smith, LLC, to help you when home, work, on the road and on foot accidents cause harm to you and your family, we would first prefer that your safety is protected as much as possible throughout the upcoming winter months.
Wishing you warm and safe travels!
Nat Smith
Wednesday, October 14, 2009
REASONS TO HIRE A LOCAL ATTORNEY
People will often ask, “Should I hire a local attorney?” There’s a temptation to hire an attorney based on advertising, even though that lawyer may be based in a distant city.
We strongly believe that hiring a local attorney is almost always better – IF there is a good local attorney experienced with your type of case.
Why do we think this? The most immediate reasons are as follows:
-We are much more convenient to meet/more accessible.
-We know the local judges and lawyers.
-We are familiar with local court personnel and the quirks of getting things done in local courts.
-We know the insurance adjusters who handle cases in your area.
-We are familiar with area doctors and their medical staff – from whom cooperation is critically important.
-We know the local police and investigators who can be crucial to an accident investigation.
-We understand the local roads, the local bars and the local witnesses. They frequently have general background information that can assist us in understanding your case.
-We are NOT “in cahoots” with opposing counsel or insurance adjusters. We are in business to get as much money for our clients as possible. By doing so, we also benefit since we are paid on the basis of what we recover for you.
We feel our knowledge of local opponents (and their knowledge of us) helps us do BETTER for our clients. We know who can be trusted, and who shouldn’t be. In other words, the local knowledge HELPS.
We feel that accessibility to your attorney is the most important aspect of the connection that you should have with your attorney. Over the years, we have spoken with so many people who complain that they are never able to get in touch with their attorney. While you may not be able to contact your attorney at the moment each time you call his or her office, it is not unreasonable to expect that your attorney will attempt to respond to your call as immediately as when they are able to do so. It is also favorable at times to be able to see your attorney in person without having to wait for an out of town attorney to find a free day to travel to see you or to require that you travel a long distance to come to see them.
With all that said, we encourage you to stay local and contact STOEHR & SMITH, LLC., first when you or someone you know needs any of our available free legal advice and/or representation from a personal injury attorney.
Nat Smith
We strongly believe that hiring a local attorney is almost always better – IF there is a good local attorney experienced with your type of case.
Why do we think this? The most immediate reasons are as follows:
-We are much more convenient to meet/more accessible.
-We know the local judges and lawyers.
-We are familiar with local court personnel and the quirks of getting things done in local courts.
-We know the insurance adjusters who handle cases in your area.
-We are familiar with area doctors and their medical staff – from whom cooperation is critically important.
-We know the local police and investigators who can be crucial to an accident investigation.
-We understand the local roads, the local bars and the local witnesses. They frequently have general background information that can assist us in understanding your case.
-We are NOT “in cahoots” with opposing counsel or insurance adjusters. We are in business to get as much money for our clients as possible. By doing so, we also benefit since we are paid on the basis of what we recover for you.
We feel our knowledge of local opponents (and their knowledge of us) helps us do BETTER for our clients. We know who can be trusted, and who shouldn’t be. In other words, the local knowledge HELPS.
We feel that accessibility to your attorney is the most important aspect of the connection that you should have with your attorney. Over the years, we have spoken with so many people who complain that they are never able to get in touch with their attorney. While you may not be able to contact your attorney at the moment each time you call his or her office, it is not unreasonable to expect that your attorney will attempt to respond to your call as immediately as when they are able to do so. It is also favorable at times to be able to see your attorney in person without having to wait for an out of town attorney to find a free day to travel to see you or to require that you travel a long distance to come to see them.
With all that said, we encourage you to stay local and contact STOEHR & SMITH, LLC., first when you or someone you know needs any of our available free legal advice and/or representation from a personal injury attorney.
Nat Smith
Tuesday, October 13, 2009
Welcome
Welcome to our new personal injury blog. Please visit our website for more information on Pennsylvania personal injury.
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