Staten Island Injury Law : New York Personal Injury Lawyer & Attorney : Frank Dito : Decker, Decker, Dito & Internicola Law Firm : Traffic Accidents, Transportation Safety

I have blogged about the dangers of four loko, a highly-caffeinated cheap alcoholic drink, and incense, widely available to all and known as the "legal pot." Through responsible government action, four loko was removed from store shelves in New York City. We are still waiting for the "zero tolerance" law to be passed which would prohibit the sale of synthetic marijuana. However, a new danger is facing Island parents - bath salts. Yes, bath salts have now been labeled a "drug of concern" by the DEA.

Don't let the name fool you. These salts contain a stimulant with effects similar to that of methamphetamine or cocaine With names such as Ivory Snow, Hurricane Charlie or Ivory Wave, these chemicals have raised concern with authorities throughout the U.S., with many lawmaker's preparing bills banning their sale. The effects of the drugs contained in the bath salts are so powerful that one user slit his face and stomach repeatedly while under its influence. Another is reported to have committed suicide after the bath salts caused three days of delirium.

These bath salts contain mephedron and methylenedioxypyrovalerone, or MPDV, drugs that are made in a lab and not regulated because they are not intended for human consumption. The salt powders are snorted, injected or smoked by the user and immediately affect the central nervous system. The salts can increase your blood pressure to dangerous levels, trigger a heart attack or stroke, and are highly addictive. They are also widely available on-line and in convenience stores. Once again, a life-threatening drug has been placed in easy reach of our children and we, as parents, are unable to do anything to stop it. Legislation banning this drug could take years before becoming effective. What will happen in the meantime? Will this drug become the designer drug of choice for many addicts? How many people will die and how many lives will be ruined before this drug is banned. Urge your senators and congressmen to act now, before more of our children are lost forever.

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As midnight approaches, I am sure that many people are busy with plans for the New Year's celebration. Unfortunately, many of those celebrations include excessive amounts of alcohol. Coupled with the difficult driving conditions that New Yorker's have faced over the last several days, this New Year's Eve is an especially dangerous night out.

If you are planning on driving tonight, designate a driver. To some, a designated driver is a joke as the drunk driver is usually all too quick to boast how well he can drive intoxicated. However, a designated driver not only protects you as a passenger but it also protects other people out on the roads and even those simply crossing the street. Faced with slippery, snow narrowed streets, the difference in reaction time between an impaired driver and sober one becomes critical when winter weather is involved. A designated driver will save your life.

Even walking home on a night like tonight brings added dangers. Although some people feel that its safer to walk home tonight, the sheer amount of snow still left on our streets brings added danger from slip and falls and from cars that don't have enough room to pass by. Many streets and sidewalks still are not fully cleaned from the snow, forcing many Staten Island residents to walk out into the street, facing cars speeding along. Despite some driver's feeling that they are able to safely pass you, if they can see you, the side-view mirrors of many cars extend out past the body of the car. Even if the car doesn't hit you, the mirror may, causing serious injuries. If you are walking in the street, stop walking and get out of the way until a car passes you. Don't take for granted that the driver sees you or has enough room to pass you.

If you are out and about tonight, take extra precautions. Make sure that you leave early so you wont need to rush. Designate a driver if you plan on drinking or, better yet, just call cab service. If you do drive, keep a sharp lookout for people walking alongside the street and crossing at intersections. If you plan on walking, make sure you wear light colored clothing and take extra care when crossing the street. If you are headed out to Times  Square, wear appropriate clothing as you will be forced to stand outside for hours in the cold.  

I wish all a very Happy and Healthy New Years and a safe and prosperous 2011. I look forward to continuing to help keep Staten Islander''s safe and providing important information regarding issues that affect homeowners, workers and students.

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All this week I have noticed Christmas trees tied on top of cars, on their way home for the holidays. Before you put up your tree, make sure that you have prepared your home and decorations to ensure a safe holiday season. If you have a real tree, its important that you water it frequently, especially over the first few days you have the tree in your house. Normally, the base will be recut where you buy your tree before they put it on top of your car. If they haven't, you will need to cut about 1" off the bottom before you put it in the stand so that the tree will properly take up water into the trunk. You want to make sure that the tree doesn't dry out before Christmas day. Select a spot away from radiators or heating vents, which will quickly dry the tree out, despite your efforts at watering. Also, remember to keep lit candles away from the tree. An errant ember or the candle being knocked over may cause the tree to go on fire. The same holds true for Hanukkah Menorah. Make sure that the Menorah is kept away from curtains or drapes, which could burn if they come into contact with the lights.

When you are putting on the tree light's, make sure that the wires are not frayed or broken. Despite the small bulbs appearance, the electricity running through the wires is the same as that which powers your household appliances. If the frayed wires short, which means that the bare wires touch each other, a fire will result. Avoid using the large, old-style, screw-in light bulbs on a real Christmas tree. These bulbs get very hot and when they come into contact with a dry branch, they have possibility to start a fire. Instead of the large bulbs, buy the smaller, cooler mini-lights or even better, the new LED lights. These lights burn at a much cooler temperature and also have the benefit of using much less electricity. Although they are initially more expensive than regular incandescent bulbs, they last considerably longer and their cost is more than made up for in electricity savings.

If you have small children in the house, make sure that the tree is safely secured in the base to avoid tipping over. Keep glass ornaments on the upper branches, away from the small children, as they may break the ornament or ingest broken glass if they put the ornament in their mouth. Also, some of the berries present on holiday plants, such as Holly and Mistletoe, are toxic. Make sure to remove the berries if your plants are in an area where small children can eat them. Following these simple tips will help to ensure that your focus can be on enjoying the holidays. Please have a Merry Christmas and a Happy New Year.

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As the temperatures have steadily dropped, with the first signs of frost occurring during the overnight, the familiar feeling of the heat coming on has been felt by all. As most homes on Staten Island have either oil or gas heat, a natural by-product of the burning of these fuels is carbon monoxide. Carbon monoxide is a colorless and odorless gas that can kill quickly if you are exposed to high levels. If the appliances that burn the fuel are properly maintained, the amount of carbon monoxide released into the air is undetectable.

At the start of heating season, its a good idea to have your hot water heater and furnace checked out by a professional to ensure that carbon monoxide is not being released into your home. At a minimum, check to make sure that vents and flues have not become clogged or blocked over the non-heating season. During the spring and summer, birds may build nests inside the flue pipe. When the heat is turned on, the carbon monoxide will be vented back into the house, creating a potentially fatal situation.

Its also a good idea to have carbon monoxide detectors on all floors of your house. It is important that if the detectors go off, to open windows immediately and get everyone out of the house. Call 911 from a neighbors house, not from yours, as the levels of carbon monoxide inside may be so high that you may never make it out.

If you or your family is suffering from unexplained headaches, dizziness, fatigue or nausea, these may be the symptoms of carbon monoxide poisoning. See a doctor immediately and make sure that you have carbon monoxide detectors on all floors and that your heating system is properly functioning. Putting off installing carbon monoxide detectors or inspecting your heating system for just a day may cost you your life. Take action now.

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Thanksgiving is right around the corner. Besides the ever-earlier appearance of Christmas decorations, I have also noticed turkey fryers and frying oil at the local Home Depot. More and more people each year decide to deep fry a turkey for the holidays, but many may not know how to properly go about it. I started to deep fry turkeys for Thanksgiving and Christmas about 6 years ago, using the typical propane fryer, and spent many hours outside on Christmas day making sure that the oil did not overheat. After placing the turkey into the hot oil, the temperature of the oil would drop dramatically. I would have to raise the temperature of the oil so that it could reach the proper cooking temperature, and then again make sure that the oil did not overheat. Peanut oil starts to smoke at 450 degrees and could flash over, or ignite, after rising a few degrees above that temperature. I would have to raise the temperature by opening a valve on the propane fryer and increasing the size of the flames. The turkeys were the best anyone in my family ever tasted and would usually be eaten before it made it from the cutting board to the serving plate. Needless to say, when I added a second turkey, I was spending more hours outside than inside cooking. To cut down my outdoor time, last year I invested in an electric turkey fryer. Unlike the propane burners, the electric fryers have a thermostat, preventing the peanut oil from flashing-over and making sure that the oil stays at the proper cooking temperature. The absence of an open flame also prevents oil that spills over the side from going on fire. The advantages over the propane burner are so great that they are even approved for indoor use, although I wouldn’t recommend that.

I have attached a helpful video that shows the dangers involved in deep frying a turkey and provides helpful points for you to follow if you decide to deep fry a turkey. I have provided a few of these helpful safety tips below:

Make sure that the turkey is completely thawed before placing into the hot oil. The threat is not from the turkey actually exploding, but from the oil bubbling over uncontrollably, igniting on the open flame. Make sure that you don’t overfill the fryer. It’s always possible to add oil once the turkey is in the fryer but impossible to take out boiling oil. Never allow children or pets near the turkey fryer, as even hours after the burner is shut off, the oil will continue to stay hot. Never use turkey fryers on wooden decks as any spilled oil may ignite, setting the deck on fire. Also, make sure that an all purpose fire extinguisher is available. If the fire is manageable, use the extinguisher. However, don’t hesitate to call 911 if the fire increases or you don’t feel safe in trying to extinguish the fire yourself.

The preparation in frying a turkey is well worth the time and effort. With the many different marinades and rubs for you to choose from, you can always find a taste that you and your family will look forward to during the holidays. Please be safe.

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Just days after the dangers of Four Loko were thrust into the public eye, a new threat to the Staten Island teenager has emerged. Apparently, its perfectly legal to buy "synthetic marijuana" in Staten Island. The "drug", sold as incense under such names as K2, Red Dragon or Wicked, is easily available in gas station and convenience stores throughout Staten Island, along with rolling papers. If smoked, instead of burned as incense, the effect on the user is "overpowering", similar to that of marijuana.

As it is a synthetic product, the drug leaves no trace in the bloodstream and therefore, a teenager can smoke the synthetic marijuana without fear of being caught by their parents or even arrested. As it is not regulated by any City, State or Federal agency, anyone can buy it. Convenience store owners are under no legal obligation to check identification to make sure that the person is at least 18 years old, the minimum protection required for the sale of cigarettes. Although proven to be cancer causing, cigarettes have not been to known to induce hallucinations, racing heartbeats, anxiety, paranoia or elevated blood pressure. Although just as powerful as marijuana, the high from the synthetic version lasts only about 10-30 minutes.

Apart from the ease of purchase, the synthetic marijuana is marketed as "all natural" and "100% organic." The truth is that it is anything but natural and contains synthetic cannabinoids, produced in a laboratory, sprayed onto natural herbs. There is no way to tell how much of the synthetic cannabinoids each package contains, or what other contaminants may have been introduced during the manufacturing process, exposing the user to unknown dangers.

The drug puts us, the non-user, at a severe risk as we can't tell who is using since there is no way to test for its use. People that have sensitive jobs, where drug testing is random, could be smoking synthetic marijuana and we would never know about. The train operator, the hospital worker or even the school bus driver is able to smoke and no one would ever know about it. We could be sharing the road with someone that has just smoked the synthetic pot, which makes them just as dangerous as a drunk driver.

The sad news is that a bill to the sale or distribution of the synthetic marijuana has been pending in the New York State Senate since March, but no action has been taken on it. Drunk driving has become "zero tolerance" amongst law enforcement agency because of the damage it has caused - hundreds of lives destroyed, children without mothers, fathers without sons. We sat back and watched when drunk driving was cool and acceptable. Are we going to wait until we read about tragedies caused by synthetic pot use or are we going step up and ban it while we still can? We can't let this danger continue to roam our streets - I urge you to write your local representatives to take action now - before its too late.  

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New Springville Little league has been sued again, by the same lawyer that was successful in a suit against the little league last year. Last year, the family of Martin Gonzalez received $125,000 for injuries Martin sustained when he slid into second base during a game. The lawyer argued that Martin, 12-years old at the time, was injured because he was never taught to slide properly nor were the bases properly designed to "break away." Despite what many attorneys believed to be a loss, the insurance company for the little league decided to settle.

Cases involving injuries sustained during sporting events are very difficult to win because of a legal principle known as "assumption of risk." When you play sports, you understand that you may be hurt by such things as a baseball, another person or even tripping and falling on the field. Despite your injuries, the principle says that you would be unable to recover any money as you knew the risks but decided to play anyway. At the time the Gonzalez lawsuit was filed, many lawyers on Staten Island didn't believe that it was a strong case. However, the insurance company paid a substantial amount of money to settle.

Now that the insurance company has paid out money, to no ones surprise, a double-header lawsuit was recently filed by the mother of a little league player who was hurt after being hit by a batted ball and then hurt again 2 years later while sliding into third base, very similar to what happened to Martin Gonzalez. Many people have left comments on silive.com expressing outrage over the new round of lawsuits. Numerous comments call for action against the lawyer and blame the current high health care costs on attorneys. Without commenting on the merits of the suit, these comments show the public's ignorance of the role of the trial lawyer in today's society.  Instead of recognizing the good that we have done, we are the punch line of jokes and blamed (partly) for the current economic crisis. How we change the public's perception of trial lawyers is a battle that we may never win. However, we need to do everything that we can to change that perception. Remember the Ford Pinto? Do you think Ford would have changed the design without the lawsuits? I know they wouldn't.

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U.S. Senator Charles Schumer is seeking to ban the sale of caffeinated alcoholic drinks in New York. These drinks contain up to 12% alcohol by volume and are commonly sold in a colorful, 23.5 ounce can. Most domestic U.S. beer contains between 4-5% alcohol content by volume and are sold in 12-ounce cans. Consuming one can of these drinks delivers the equivalent of 3 cans of beer, but with 50% less drinking. With common brand names such as Four Loko and Sparks, they are sold in brightly colored cans for between $2.00 and $3.00 each. These drinks were recently blamed for the hospitalization of six Ramapo College students last month for alcohol poisoning.

Apart from the price, the danger lies in combining alcohol (a depressant) and caffeine (a stimulant) in a fruit-flavored canned drink. The drink, consumed mainly by college students, allows a person to drink well past the point they would normally be too drunk to continue. The caffeine, as a stimulant, masks the effects of the alcohol, and  provides you with additional energy and stamina to continue drinking. Once the caffeine wears off, the full effect of the alcohol is felt. Since the caffeine actually disguises how much alcohol that you have actually consumed, the user may become more intoxicated to the point of passing out or even alcohol poisoning.

The low cost, colorful cans and "high energy" marketing, the drinks may be mistaken by younger children for other caffeinated but non-alcoholic drinks. The low cost and ease of availability at stores such as 7-11 may also help to get the drinks into the hands of teenagers. These drinks are a danger and should be better regulated. We cannot wait for the FDA to determine if alcohol and caffeine are safe, in the meantime college students are being hospitalized after consuming  the drinks. These drinks are a deadly combination of drugs that allow teenagers and young adults to become very drunk, very quickly, very cheaply. Support the ban now!

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The New York City Department of Environmental Protection is warning some residents of high levels of lead in their tap water and recommending that residents run the tap for 30 seconds before drinking or cooking with the water. The U.S. Environmental Protection Agency mandates that New York City routinely test the water in certain buildings that are more than 40 years old as these buildings may contain lead water pipes or have lead in the soldered joints holding the pipes together. Tests conducted by the City over the summer in 222 older buildings showed elevated levels above the federal standards in almost 15% of the results.

The purpose of running the water is to clear any lead-laden standing water out of the pipes. As the City's waters supply is lead-free and lead tends to leech from the pipes into the water inside over a period of hours, flushing the pipes should remove any lead from the water that you are drinking. Lead is a very dangerous substance and exposure to elevated levels can seriously affect your health. Symptoms of lead poisoning include developmental delays in children, headache, abdominal pain, loss of appetite and possible kidney failure.

If you live in a home that is older than 40 years, make sure that you have an inspector come in to test the pipes to make sure that they do not contain lead. If they do, consider changing the pipes to remove any lead contained in the solder or the pipes themselves. Obviously, the expense may be considerable depending on how much lead is found. The alternative would be to continually test the water in your home or to run the tap water before you use it. Considering the dangers lead poses and the cost of water in New York City, replacing the pipes is the only solution.

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A rally was held in Brooklyn yesterday announcing the filing of a lawsuit against the City of New York and the New York City Police Department in the death of an 11-year old girl. The family of the girl, Briana Ojeda, is seeking $17 million in damages for the death of their daughter after a police officer failed to perform CPR on Briana after she suffered an asthma attack. The suit alleges that the police officer told the family he did not know how to perform CPR. Apparently, police officers are retrained in CPR only every two years, although such skills need to continually refreshed. My sincerest condolences go to Briana's family on their loss.

Although the purpose of this lawsuit may be debated, this terrible tragedy presents many valuable lessons. I agree that CPR re-fresher courses should be required annually for first-responders, as opposed to the every two years that the NYPD currently requires. What I also advocate is that every parent should receive instruction in basic first aid and CPR. The course lasts only 1 - 2 hours and is literally a life saver. The New York City Fire Department offers free courses in CPR to groups of 6 - 20 people. The classes can be held in a school gym, a conference room or any other open room large enough to accommodate the participants and the instructors.

Basic first aid courses are taught at various community centers, such as the Staten Island YMCA and JCC's, and applications can be even downloaded to your iPhone or Android-phone that provide step-by-step instruction on what to do when faced with a medical emergency. Some of the applications are free while others cost just a few dollars and provide simple instructions, although they are not a replacement for a proper first aid course. Knowledge of first aid and CPR are extremely important to everyone, especially those who take care of young children and infants. There really is no excuse to becoming first aid or CPR certified. Get certified today - you just may save a life.

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The Staten Island Advance has reported that police recently arrested a 31-year old Staten Island resident for discharging a firearm. Although I cannot and do not condone such behavior, what is unique (although become less so) is how the police caught the alleged shooter. Tipped off by a 911 call, the police uncovered his Facebook boast of a night of drinking followed by the brilliant idea to fire his father's handgun into the neighboring swamp land. Now its easy to see that this person had what can be best described as less than average intelligence, but many people are still hurt by social networks.

When injured client's come into my office, especially younger clients that have Facebook right on their smart-phones, they leave my office with a copy of my report, The Dangers of Social Networking Sites, which informs them of the real dangers that these sites pose. All too often, people are quick to post the details of their accident to their Facebook or My Space pages. Sometimes, although seemingly innocent, the posts can compromise your claim for personal injuries. Its very easy for an insurance adjuster to search the Internet and find out vast amounts of information. They are able to find out your friend's names, your likes and dislikes, activities that you participate in and even possibly see some pictures. You can bet that this information "can and will be used against you in a court of law", without any warnings.

The posts can also lead to your house being robbed. People were instantly posting information on-line, providing their "friends" with almost real-time location information. Others would post about their wonderful vacation plans, detailing when they would be leaving and when they would be coming home. With a little bit of research, a thief would be able to gain entry into your home without any fear of being surprised and take their time to thoroughly search your home, possibly even returning on multiple occasions.  

Be careful with the information you share, who you accept as friends and continually check the security settings on your social network accounts. Besides the possibility of your personal information being shared with the wrong people, some of your quotes or posts may lead to an unwanted situation. So if you hesitate before you post, maybe you shouldn't have posted it after all.

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The Appellate Division has ruled that the family of a 17-year old Elm Park resident killed in a January 9, 2005 car crash can continue with their lawsuit against the City of New York for keeping their son's brain, without notifying the family, after the autopsy. The City Medical Examiner performed an autopsy on Jesse Shipley, at the family's request, and determined that the cause of death was the result of multiple blunt impacts to the head. The brain was removed from the body and placed in a jar preserved in a formaldehyde solution for further testing. Unbeknownst to the family, when the Jesse's body was returned for burial, the medical examiner withheld the brain. After a wake and a funeral, the family buried Jesse on January 13, 2005, without his brain.

In early March, more than 2 months after the autopsy report was signed, students from Jesse's school, Port Richmond High School, went on a field trip to the Richmond County Mortuary. During their tour of the Mortuary, some of the students observed a human brain held in a formaldehyde solution. In a surreal coincidence, the students realized that Jesse's name was on the jar. Word quickly spread upon the student's return to school and eventually, Jesse's sister, also a student and was also in the car crash that killed him, found out that Jesse's brain was still in the Mortuary and informed her parents.

A lawsuit seeking recover for damages for emotional injuries that the family suffered as the result of the mishandling of Jesse's remains under the right of sepulcher. Sepulcher is the right of decedent's next of kin to bury the remains of their decedent. The Coroner's failure to return the brain or to inform the family that he was holding the brain pending further testing necessitated a second funeral and burial. The City of New York moved to dismiss, arguing that the medical examiner's actions were immune from liability as they involved a discretionary act.

The Appellate Court held that the although the Medical Examiner has a right to perform an autopsy and to remove and retain body parts for further testing, they also have the obligation to turn over the decedent's remains to his next of kin for proper burial once the further testing has concluded. If the medical examiner had informed Jesse's family that his office was retaining the brain for further testing, the right of sepulcher would have been satisfied as the family could have made a decision as to postpone the burial until the remains could have been buried completely.

The result of this decision is that the lawsuit will continue and be resolved at an eventual trial. Damages differ under this theory as the likelihood of emotional injury is deemed so inherently genuine that neither proof of the plaintiff's accompanying physical harm nor of a specific medical diagnosis is necessary to a successful prosecution of a claim. In an ordinary personal injury action, the plaintiff is required to prove their injury by medical evidence and treatment.

Unfortunately, besides a lack of common sense and courtesy,  this terrible situation resulted from the City's budget cuts and Staten Island's continued reduction in services. The pathologist that performed the examinations on the preserved brains wasn't called until there were six brains, which could take months to accumulate. Again, Staten Island doesn't rate the same service as the other boroughs, allowing something as terrible as this to happen.

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After yesterday's deadly storm that tore through Staten Island, and Hurricanes Igor and Julia spinning out in the Atlantic, residents need to be prepared for these contingencies. Hurricane season runs from June 1 to November 30, with September using being the most active month for named storms. Although hurricanes normally don't pose a threat to the New York City area, severe storms like yesterday appear without warning. Preparedness for a hurricane would help in the event that a similar storm strikes the Island without notice.

Its a good idea to stock water and food in your home. On average, a person needs two quarts of water per day to stay properly hydrated. You will also need to keep additional water on hand for sanitary purposes. High-energy, non-perishable food needs to be kept on hand to feed you and your family. Some examples would be whole dry milk, canned meats and fish, dried fruits and cereals and meat substitutes like beans, bread and crackers.

Many residents don't have basic emergency supplies, such as a flashlight with extra batteries and a battery operated radio with a weather band. These radios are tuned to official weather emergency broadcasts and can alert you to rapidly approaching dangerous weather. Make a Family Disaster Plan - locate a safe room in your house, discuss what to do in a storm with your family and check your insurance coverage now. Make a Disaster Supply Kit now - after a storm is not the time to find out that you are missing something important. You should also make sure that any trees that are on your property are properly trimmed. Weak branches may fall in a storm and cause to damage to your property. The time to prepare is before a storm - its too late if you find yourself in need of emergency supplies in an emergency.

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A record $677 million verdict against a California nursing home has shaken the "industry" to its core. The verdict was the result of a class action lawsuit representing 32,000 patients against Skilled Healthcare Group, Inc., the corporate owner of 22 nursing homes throughout the State of California. The testimony of Cindy Cool, the daughter of one of the nursing home's patients, was believed to be key to the jury's unprecedented verdict. Ms. Cool testified that it would take upwards of 20 minutes after she called for someone to come and help her to change her father, an Alzheimer's victim, who was wearing urine soaked clothes. Other patients fared much worse, Ms. Cool said.

The verdict has revived calls for tort-reform as another example of "litigation abuse." The calls for tort reform don't show any concern for "patient abuse", or provide a way to stop it.  Unfortunately, healthcare stopped being "health care" a long time ago and has now become big business. Once Wall Street fell in love with nursing homes in the early part of this decade and snatched up their stocks, companies are no longer concerned about the care provided to patients. They must now make sure that their stock price stays high by keeping their bottom line acceptable to Wall Street, at the cost of patient care.

The lawsuit accused Skilled Healthcare of failing to provide a minimum of 3.2 nursing hours per day per patient at their facilities, as required by California law. The 3.2 hour standard should have been easy to meet as federal law requires a minimum of 4.1 nursing hours per day per patient. But still, Skilled Healthcare chose not to meet the California standard. If they could not sustain the minimum hours, they should have refused to accept any more patients or simply hire more nurses. Instead, the company's CEO believes that its nursing homes are appropriately staffed. Those that decry the jury system provide no alternative means to force change upon those that choose not to follow the law. They ask for "caps" on awards, judge trials and reduction in the time that people have to sue but provide no means or mechanism to force companies like Skilled Healthcare to comply with state or federal law. But for this lawsuit, would Skilled Healthcare have changed their standards and hired more skilled staff? As has been demonstrated throughout our history, consumer's bring about real change only when economics forces companies to do so.

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The economic crisis that has brought about the unprecedented foreclosure rates on Staten Island homes has also brought about unexpected dangers. A foreclosed Sea View house was recently in the news for having a green scum filled swimming pool, with a dead cat floating on top, in the backyard. The home was foreclosed and purchased by Consumer Solutions REO, LLC, a Colorado based company that specializes in purchasing foreclosures. Despite the fact that they have owned the home since September 14, 2009, the pool was allowed to remain filled with water and the overall condition of the property deteriorated. 

The standing water in the pool is a nuisance and hazard for the neighbors surrounding the home. Besides the possibility of West Nile virus-bearing mosquito's breeding in the water, the unkept grounds invite infestation by rats, mice and other bugs. The rodents and pests can work their way into adjoining homes, requiring the expense of an exterminator to control the infestation. The City of New York has cut 57 out of 84 full-time employees from their rat control services.

Also, an abandoned, unsecured house invites children to play, sometimes with deadly consequences. An unattended swimming pool invites children to play around it, creating a danger if they happen to fall in, and possibly providing no way to get themselves out in the absence of a ladder. If you have an abandoned or foreclosed house in your neighborhood that is in need of repair or maintenance, call 311. The City will send out inspectors to determine if the house poses any dangers to area residents. Make sure that your children are aware of the dangers that the backyard pool poses. If the fence surrounding the pool isn't locked, buy a lock and it put it on the fence yourself. The few dollars that you will spend for the lock is such a cheap cost for the peace of mind that it will bring. If the owners of the property are not willing to take responsibility, I would have no problem making sure that my house, and my neighbors, is safe for my children to play outside.

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A Staten Island Judge has dismissed a case brought by Island resident Nora Sadowski against the Gateway Cathedral located in Tottenville. Ms. Sadowski was assaulted by a mentally disabled attendee of a Christmas music and dance show held at the Cathedral on December 2, 2006. Ms. Sadowski was seated in front of a group of mentally disabled people who were there to see the show. Soon after the show started, a person behind Ms. Sadowski hit her in the head, in what she described as a "big bang." she was taken to the nurses station and an accident report was filled out. Afterward, Ms. Sadowski was diagnosed with bulging and herniated discs, requiring three surgeries.

A lawsuit was bought on behalf of the Ms. Sadowski against Gateway Cathedral, claiming that the Cathedral failed to exercise reasonable care in preventing the assault from occurring. The attorneys for Gateway Cathedral asked the Judge to dismiss the case, arguing that the event was so sudden and unforeseen that the Cathedral could do nothing to prevent it from occurring. Testimony of the parties involved in the lawsuit showed that no incidents similar to Ms. Sadowski's ever happened inside the Cathedral before. The Judge agreed with the Cathedral's attorneys and dismissed the case, ruling that Gateway Cathedral wasn't legally bound to take special measures to prevent it.

The Judge's ruling was based on the concept of notice. Before someone can be held liable for negligence for a defective or dangerous condition, they must first have received ample notice to correct the defective or dangerous condition or take precautions to prevent an accident from occurring.

Notice is most easily described using the example of a slip and fall on grapes on the floor of a supermarket. When customers are sorting through the produce, loose grapes tend to fall on the floor. Even if a grocery clerk was standing by to sweep every 5 minutes, grapes would still fall to the floor. If a customer slipped and fell on a grape that was just dropped to the floor, the supermarket could not be held liable as they did not have notice of the dangerous condition, namely the grape. If it was shown that the grape that the customer fell on was on the floor for such a long time that the store should have known about it and kept the area clean, then they would have received the required notice and a negligence claim can be brought. This can be proven by describing the grape, most commonly in that it was turning brown as if it was there on the floor for a long time.

If you ever suffer an injury in a supermarket, it is important that you look around and examine what you fell on. Take pictures on your cell phone, make sure that they fill out an accident report (pdf)describing the scene just how you found it. If you don't investigate immediately, all your evidence will be swept away after the store manager calls for a clean up on the aisle where you fell.

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A recent silive article brought to light the dangers involved in storing and using swimming pool chemicals. A Staten Island resident, Salvatore Mannino, recently filed a lawsuit claiming that he suffered severe burns to his body when a product known as pool shock "exploded" as he was adding it to the pool. Pool chemicals are potentially dangerous and should handled with care.

The majority of pool chemicals contain chlorine, which is used for its ability to clear algae and bacteria from the water. While chlorine in its dry state will not explode, accidents happen when people mix together different products containing two different chemicals that are not compatible.  When certain of these chemicals combine with water, an explosion results, which may be powerful enough to cause you severe injuries, including burns, both internal and external, blindness and even fractures. Even putting a pool chemical in a supposedly empty bucket containing another chemical may be enough to cause a dangerous reaction.

When working around the pool, always remember to wear eye protection and gloves. Always add the chemicals to the pool water and not the pool water to the chemical. Adding a small amount water to such a high concentration of chemicals can cause potentially deadly gasses to form and an explosion may result. Read the label carefully and follow all directions when using pool chemicals. Chlorine is corrosive, poisonous and flammable, and can create potentially deadly fumes that have the potential to explode. Never mix chemicals indoors so as to avoid the possibility that any gases produced will concentrate and increase the possibility of an explosion. Also, the gases have the potential to render you unconscious, with possible fatal side effects. Do not mix old chemical with new chemicals, even if they are the same brand. Store all chemicals away from gasoline, paint remover and any other flammable liquids.

Following these basic safety precautions will help to insure that your swimming pool maintenance will be much easier and safer. Please take your time when maintaining your pool - you may prevent injury to yourself and to your family.

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An 8-year old Staten Island boy, Tony Li, drowned in a Super 8 Motel swimming pool Monday night in Plattsburgh, New York. The child was swimming in the pool with his older sister, who also didn't know how to swim. Tony somehow found his way from the shallow, 3-foot end to the deeper, 6-foot end of the pool. When he began to flounder, his older sister tried to help but couldn't save him. The boy was pulled from the water and CPR administered but he was unable to be revived.

The news reports have not made clear if a lifeguard was on duty or what signs, if any, were posted warning of the dangers and that there was no lifeguard on duty. In New York City, the Department of Health and Mental Hygiene mandates strict supervision at pool facilities, both for physical safety and water quality. Outside of New York City, a lifeguard is not required to be present. The New York State Attorney General's office and the New York State Department of Health have published a disclaimer for hotel operators titled "Use of Our Swimming Facilities." The disclaimer notifies hotel guests that the pool is not supervised by a lifeguard, instead, they have established a series of safeguards. The best recommendation in the disclaimer is that there is no substitute for adequate supervision. The disclaimer suggests that a minimum of two adults, 18 years of age or older, be present whenever the pool is in use and that children under 16 years of age be accompanied by a parent or guardian. The hotel guest is required to acknowledge the information contained in the disclaimer before being allowed to use the pool.

Please make sure that our children are properly supervised whenever they are in the pool or the ocean. The Centers for Disease Control recommends (pdf) that children, even toddlers and young children, learn to swim. In fact, the New York City Parks Department provides free swimming lessons at local Staten Island pools. Drowning is the leading cause of all deaths for children 1 to 4 years old. In nearly 9 out of 10 child drowning-related deaths, a parent or guardian claimed to be supervising the child. If you are watching your child, don't be distracted by talking with friends, playing cards or other games or even talking on the phone. It only takes 20 seconds for a child to drown. Please give them your undivided attention when swimming by a pool or at the beach. Our children rely on us to protect them.

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A lawsuit filed in State Supreme Court in Brooklyn alleges that doctors at New York-Presbyterian Hospital were negligent in their treatment of a 56 year old woman, Klara Geykhman. Geykhman was admitted to the hospital on January 26, 2007 for a routine angiogram and died 3 1/2 hours later from blood loss.

An angiogram is a test that uses a special x-ray camera and contrast dye to take pictures of the blood flow inside an artery, normally to look for a bulge or blockages. A thin tube, called a catheter, is commonly inserted into femoral vein or artery in the groin. The catheter is then guided through the body up to the area that the physician wishes to study. When the catheter reaches the area, a special iodine dye is injected to clearly show the area on an x-ray.

A known possible complication is possible damage to blood vessels as the catheter is threaded through a vein or artery. The tube can puncture the blood vessel,causing a drop in blood pressure and if left untreated, death from blood loss. When Ms. Geykhman was undergoing the procedure, she experienced dizziness and a drop in blood pressure and heart rate. Faced with these symptoms, which indicated a hemorrhage, doctors treated the symptoms as something else. After 3 1/2 hours, and the continuing worsening of her symptoms, Ms. Geykhman passed away. If the doctor's at the hospital performed a simple CT-scan, they would have been able to quickly identify the internal bleeding and save Ms. Geykhman's life.

When mistakes such as these lead to a patient's death, it usually turns out to be caused by a compounding of mistakes that lead to one bad decision after another. It doesn't matter what protocols a hospital has in effect; if they are not followed to the letter, people die. New York-Presbyterian Hospital has the reputation as one of the top hospitals in the country, a mistake of this magnitude cannot be allowed to happen in any hospital, let alone one with such stature. As residents of Staten Island, we have access to the best medical care in the country and expect that when we go into a hospital, we are going to come out. Remember, when you are receiving medical care, it is your right to question the doctor's on the treatment that you are receiving.  As is all too clear, doctor's are not infallible and no procedure, especially one involving the heart, is routine.

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The City of New York has implemented new procedures for the in-ambulance treatment of heart attack victims. The procedure, known as therapeutic hypothermia, lowers the patients body temperature  to about 90 degrees by administering cold intravenous fluids immediately after a heart attack. On January 1, 2009, the Fire Department of the City of New York announced that they would begin to take certain heart attacks patients to hospitals that performed therapeutic hypothermia.

When a patient suffers cardiac arrest, the delay in receiving treatment accounts for a majority of the deaths. For those that survive, the lack of oxygen delivered to their brain can cause permanent brain damage while their pulse is restored. By lowering a patients body temperature within 6 hours of cardiac arrest, and keeping it lowered for 24 hours followed by gradual re-warming, the brain's metabolic functions are slowed, reducing brain damage and increasing long-term survivability.

The technique required the careful coordination of emergency medical technicians, nurses, hospitals and doctors and the constant vigilance required to keep the patients body temperature at a consistent level. Now that the technique is being performed in an ambulance en route to a hospital, it has become widely accepted and most area hospitals are equipped to handle therapeutic hypothermia patients. The quick administration of the therapy will help to increase the survival rates of the estimated 2,000 New York City heart attack victims eligible for the treatment.

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Yesterday, after 2 intense days of negotiations, the City of New York reached a settlement with the Estate of Sean Bell, who was killed by undercover New York City Police detectives the morning of his wedding. There are many out there who believe that since the police were justified in the discharge of their weapons, the Estate is not entitled to any compensation. I will not attempt to pass judgment on what occurred the night of the shooting as I am neither judge nor jury but will attempt to explain how the money was distributed. The Estate will receive $3.25 million before attorneys fees and Joseph Guzman, who was wounded in the shooting, will receive $3 million. What is glaring to me is the difference between someone alive and someone who is killed is apparently only $250,000. 

The explanation for the disparity lies in New York's archaic wrongful death laws. In New York, financial compensation is only awarded if the decedent experienced conscious pain and suffering before his death or provided financial support to his dependents. In the Sean Bell case, since he was yet to be married, his wife would be unable to claim that she was a dependent. However, Mr. Bell was the father of 2 young children and a large portion of that award will be placed in trust for their benefit by order of the Surrogate's Court, the court that has jurisdiction over estates of those who died in New York. Since Mr. Bell died instantly in the shooting, his estate receives no money for his conscious pain and suffering before he died.

Mr. Guzman was shot numerous times, shattering bones and leaving some bullets still lodged in his body. His recovery was for past and future pain and suffering, past and future medical care and lost wages from work. The amount of money that Mr. Guzman received was not based upon if he was married or if he has any children, but rather what injuries he suffered in this shooting.

As an attorney, the most difficult conversation that I have to have is when I need to explain to a mother that her son who recently died isn't worth anything but a token amount. They take solace in the fact that their child did not suffer but can't comprehend that a life can be worth so little. I have always lobbied for a change in New York State law to allow the loss of a life to be compensated, to be worth something. We have to realize that a human life is worth something.

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Last week, Staten Island University Hospital's Emergency Room went paperless. The hospital introduced a computer based system that will eliminate the traditional paper based chart that has led to untold medical errors because of their unavailability and physician's notoriously bad handwriting. Studies have shown that the use of paperless charts and prescriptions, know as "e-prescriptions", have reduced a doctor's prescription errors from 42.5 per 100 to 6.6 per 100 prescriptions, a startling reduction.

Numerous medications have similar names and when written quickly across the prescription pad by a physician, the results can be deadly. Some prescription medications have remarkably similar trade names and dosages. In one particular instance, the drugs Flomax and Volmax, besides sounding similar, are also dispensed in similar doses, separated by a decimal point. As the proper dosage is .4 mg or 4 mg depending on the drug, As the ".' (decimal point) is easily left out, especially since many physicians fail to use the proper "0.4" to designate the proper dosage, patients lives were placed at risk.

The paperless hospital is meant to eliminate most, if not all, of the errors associated with illegible handwriting. The technology behind the paperless hospital makes use of symbols and bar coding to eliminate errors in testing and administering medication. The paperless hospital also allows the use of "templates" or "care sets", for medical care. When a patient is treated for a specific illness, they can be assigned a care set which orders specific tests and medications to help treat their symptoms. This automation greatly reduces errors in physicians failing to order tests or administering the wrong dosages.

My question is why has it taken so long to embrace technology? Sadly, despite attempts by many hospitals to implement such a program, the steadfast refusal of physicians and staff to embrace the technology has led hospitals to abandon their efforts. In the end, the only ones who suffer are you and I, the patients and their family.

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When I was a child, my father would always put me to bed with a few words; "don't let the bed bugs bite." As a child, I never knew what that saying meant as I can't recall ever being bitten by a bed bug. What was once thought of as a "monster in the closet" good night has now become something to worry about. Reports of bed bug infestations have doubled each year since 2005.

Bed bugs don't live on people, and they are not transported on skin. They move from place to place in luggage, clothing and computer cases. They hide out in the day, and, unfortunately, feed on you at night, although painlessly. What makes the bug difficult to eradicate is that the first signs that you were bitten don't normally appear until about a week after it happens. Since the signs don't appear immediately, it is difficult to tell where the bugs were when they bit you. Coupled with the high cost and time of eradicating the bugs, about $800 to $1200 for a one-bedroom apartment, the down turn in the economy has resulted in an a dramatic increase in the cases of bed bugs.

Back in 2006, a Chicago woman who was staying at the Nevele, a well-known hotel in upstate New York, sued the hotel owners after she was bitten by bed bugs more than 500 times! When she awoke the next morning, she noticed blood on the sheets. Her husband, who was not as badly bitten, tore the bed apart and found a swarm of bed bugs under the linens. Although bed bugs generally do not transmit diseases, their bites leave red welts that fade soon after they appear. However, some people may suffer anaphylactic shock or secondary bacterial infections from the scratching involved. Guests at a Motel 6 in Chicago sued the hotel after they were bitten by bed bugs and awarded $372,000 in damages by a jury.

Once thought to be eradicated, the banning of certain pesticides and the downturn in the economy has led to their resurgence. as the bed bugs generally don't transmit diseases, the Centers for Disease Control has not stepped up their efforts to control the pests, although some experts feel that they should. If you have unexplained welts appearing on your body or small droplets of blood on your sheets, seek treatment with a physician and then contact a licensed exterminator to help to eradicate the problem.

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Staten Island residents awoke today to the tragic news of an early morning fire that claimed the lives of a mother, Lisa Jones, and her four young children. Apparently, two police officers on patrol early this morning smelled smoke and immediately began banging on the door of the multi-family home. Their heroic efforts lead to the rescue of 7 people but when they reached Ms. Jones upper floor apartment, the flames prevented them from rescuing Ms. Jones and her family.  When fire fighters arrived, the house was fully engulfed and they were unable to save the family.

These tragic deaths should never have occurred. The fire department has said that there were no smoke detectors in the building, a violation of New York law. The law requires that the landlord must install smoke detectors in your apartment but it is your responsibility to maintain them, which includes changing batteries and testing them weekly. If the landlord hasn't installed the smoke detectors, ask him to do so immediately or install them yourselves. It is recommended that each bedroom has its own smoke detector. Follow the instructions to properly install the smoke detector as the size and shape of your ceilings may prevent the detector from warning you of a fire.

As a Staten Island resident and attorney, as well as the father of two young children, I am sickened by this sensless tragedy. In an effort to stop this from happening again, my firm will provide free smoke detectors to those Staten Island residents that are unable to afford them. If you would like a free smoke detector, or maybe just a new battery, please fill out the contact form on my blog and ask for a free smoke detector. We need to act immediately to prevent such a tragedy from ever occuring ever again.

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A Staten Island jury awarded a 4-year old boy $510,000 for injuries he suffered in during his delivery at Staten Island University Hospital. The jury found that the obstetrician, Paul Heltzer, and Staten Island University Hospital committed malpractice during the labor and delivery of Xzavier Hyman in 2006. The child suffered a brain injury from being deprived of oxygen.

The child's mother, Marquita Spicer, was admitted to the hospital in early labor. She was given pitocin, a drug that helps to speed along the contractions. The obstetrician then broke Ms. Spicer's water in a further attempt to deliver Xzavier. Labor lasted 19 hours before Ms. Spicer delivered Xzavier naturally. During the time in labor, the continued contractions pressed upon the baby, depriving him of oxygen and causing his heart rate to rise and drop. Another obstetrician testified that Xzavier should have been delivered by cesarean well before the natural delivery. The obstetrician testified that the hospital and Dr. Heltzer "deviated from standard medical practice" in not performing a cesarean delivery earlier. Xzavier suffered a brain injury and has deficiencies in his speech and his fine motor skills.

An article on SILive reporting the jury verdict also speaks to the cost of medical malpractice insurance for obstetricians and gynecologists. The author goes on to write about the legal claims against these doctors and their premiums, in some cases, being more than $200,000 per year. This author then goes on to make the connection that some of the claims are baseless as some birth injuries, such as cerebral palsy and other brain injuries, can be caused by circumstances beyond the doctors control. He then insinuates that the millions of dollars that juries award brain damaged babies, because their long term care costs are so high, are not always attributable to the doctor. The author makes no effort to support his conclusion with any medical evidence or that some jury awards were wrong. In fact, the tone of the article makes it seem that all malpractice claims are frivolous, although a jury just awarded over $500,000 based upon medical evidence presented at trial.

Insurance companies take the easy way out and blame the litigation for the increases in premiums. The author doesn't take into account that premiums reflect the insurance companies investments. When there investments drop, the difference must be made up in an increase in premiums. In 2001-2002, when payouts to malpractice victims declined, the premiums doubled. People are injured by a doctor's medical care and that cost can be significant over their lifetime. Does the article seem to suggest that its not the physicians' problem, but ours, as the cost of the injured victims medical care should be borne by the taxpayers? I hope we have not come that far.

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High school aged Staten Island residents may soon be restricted from getting an indoor tan. New York law currently bans indoor tanning for residents under 14 and requires parent's permission from those 14 - 18 years of age who wish to tan indoors. The proposed law would ban indoor tanning by those under 18 years of age, regardless of their parent's permission. The increase in certain cancers attributable to tanning has lead to the proposal of this new law.

Recently, the World Health Organization listed tanning beds as a cancer causing carcinogen to humans, giving it their highest risk category. The evidence connecting tanning beds and melanoma, a deadly form of skin cancer, has been labeled "sufficient and compelling" by WHO doctors. Melanoma cases have doubled in the past 10 years, with 62,000 new cases expected this year.

The skin cancer risk is real, and not just limited to indoors. Sun tans, not from a lamp, are no safer than a tanning bed. Anytime you go out in the sun, you should wear a sunscreen with an SPF (Sun Protection Factor) of at least 15. Generally, 20 minutes of unprotected exposure to the sun will cause reddening in the skin. Prolonged exposures cause deep skin tissue damage and burns. When selecting a sunscreen, make sure that they offer protection from UVA and UVB rays. Reapply every two hours, as sunscreen does not remain effective for longer periods of time. Remember, no sunscreen can block all of the suns harmful rays. When your skin starts to turn red, you have already begun to do damage. Sunscreen alone is not enough, as you need to limit exposure as set forth in the Skin Cancer Foundation's Prevention Guidelines.

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A postal carrier recently came to the rescue of a woman while delivering the mail. Raymond Franca of Staten Island was stopped on the street by a woman who was screaming that there was a fire in her house. Franca immediately ran inside and extinguished the fire. Mr. Franca was recently honored for his efforts and my firm congratulates him as well for his heroic actions.

What lesson did Mr. Franca teach us? That we should be prepared for a fire in the event that one breaks out in your home. Every house should have one fire extinguisher at a minimum. The extinguisher should be an all-purpose type, known as an "ABC", which can be used upon all types of fires. Remember, never throw water on a grease fire as that will only serve to spread the flaming grease around your kitchen. The fire extinguisher you choose should be the largest size that you can comfortably handle. The more fire extinguishing chemical the extinguisher holds, the easier it will be to extinguish the fire. Make sure that the fire extinguisher is properly mounted and within easy reach. During a fire, its not the time to go searching for a fire extinguisher that's still in the box, stored away in a closet.

Make sure that you have working smoke detectors on each level of your house and outside of each bedroom. Develop an escape plan to quickly get out of the house in case of a fire. If you have children or elderly living with you, remember that they may need assistance to leave the house. Don't call the fire department from your house - get out of the house and call from a cell phone or a neighbors house.

The time to prepare for a fire is before one happens. Make sure your fire extinguishers are fully charged, your smoke detectors are working and have fresh batteries and develop and practice an escape plan. A few simple minutes can help to prevent the loss of a life.

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Residents are well aware that Staten Island has two hospitals - Richmond University and Staten Island University hospitals. Residents may not know that what these two hospitals share in name, "university", means that they are both teaching hospitals. By definition, a teaching hospital is a hospital that provides clinical education and training to future and current doctors, nurses, and other health professionals, in addition to delivering medical care to patients.

A recent article brings to light the incidence of in-hospital deaths related to medication errors rise dramatically during the summer months, especially July. Some have attributed the increase to the influx of medical school graduates into their residency programs. While others dispute the reason for the increase, July annually sees an approximate 10% increase in patient deaths due to complications from medication errors. Know as the July Effect, the spike in deaths has been consistent for the last 30 years and residency is the most easily explained reason for the increase.

For new residents, this is the first time when they are expected to perform autonomously. They are under extreme pressure to be perfect and that pressure may lead them to admit that they know more than they actually do, leading to mistakes. 

Since all the hospitals on Staten Island are teaching hospitals, what are you to do? Do you need to worry? I would suggest that you follow a few simple rules, regardless of the time that happen to go to the hospital. First, don't be afraid to ask to speak with an attending physician regarding your concerns. By law, all residents must be supervised by an attending physician and you have the right to speak with them if you are not satisfied with the answers you are receiving. Second, don't assume that the medication that you are receiving is correct. If there is a change in dosage, make sure that the staff is aware of it. Third, as with everything, ask questions. Asking three simple questions of your medical provider can help to reassure you that you are receiving the proper medical care. Staten Island residents should be assured that we have access to the finest medical care in the nation. You shouldn't be afraid to go to the hospital but don't be afraid to speak up if you feel something is wrong.

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As Staten Island swelters in the grip of a heat wave, parents need to take precautions to safeguard their children from heat related injuries. If you do take your child out for a playground visit, make sure that they drink plenty of water, wear sunscreen and a hat. Make sure that they don't overheat. What many parents may not realize is that the public playground surfaces and rides may become so dangerous as to cause burns to young children playing on them.

Temperatures taken at New York City parks today registered over 170 degrees on artificial turf fields and over 140 degrees on the black mats covering playground surfaces. A child can be burned in less than 2 seconds when touching a solid surface, such as a metal slide, that is hotter than 140 degrees. Recently, newly installed metal play domes were removed from a Brooklyn park because they caused second-degree burns to a 13-month old girl who was playing on the domes.

If you do go to a playground, stay away from the metal slides and try to avoid the playgrounds with the black safety mats, unless they are in complete shade. Your best idea would be for your child to use the showers and sprinklers, safely cooling off and staying away from the surfaces that could cause serious burns. The extreme heat can cause blisters, severe burns, heat stroke and dehydration. The same rules apply to playground equipment that you may have in your backyard. Please make sure that your children are protected during this extreme heat wave.

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The news reported on the tragic death of a 6-month old girl at the Central Park Zoo last week. The little girl's mother was also critically injured when a tree branch 30 feet above a busy path broke and fell on them while they were posing for a picture. This is the latest of a string of incidents that have occurred in the park over the last year. In February, a falling branch struck and killed a 46 year old man and last July another park visitor was struck by a falling tree branch, causing serious injuries.

The park has over 26,000 trees, a number which makes it impossible for every tree to be inspected, especially since the Central Park Conservancy, the group responsible for the maintenance of the trees in the park, spends around $500,000 annually on tree maintenance. Even when an inspection catches a tree that needs maintenance, the delay in taking action can be deadly. The tree that the branch fell from in the February accident was targeted as a danger in December of 2009. Not until after the fatal accident was it actually removed. It's limbs were weakened by the weight of a recent snowstorm.

What is especially troubling is that it is not clear who is responsible for the maintenance of these trees. The branch that fell at the zoo belonged to a tree that either the Wildlife Conservation Society, which operates the zoo, or the Central Park Conservancy was required to maintain.  The lack of clear responsibility usually means that some trees are being overlooked, turning them into potentially deadly time bombs.

At Clove Lakes Park on Staten Island, another frightening accident occurred when a U.S Marine Corps V-22 Osprey, a hybrid airplane/helicopter, blew down tree branches while it was performing maneuvers for a Memorial Day air show. The branches injured over a dozen people. In this incident, the branches that fell were not weakened but blown down by the force of the blast. The trees in the park are the responsibility of the New York City Parks Department and a quick search of the Internet did not produce any reports of falling tree branch injuries in Clove Lakes park.

When you are outside, be aware of the weather. Although these accidents do not appear to weather related, a strong, gusty summer thunderstorm can cause a branch to fall down. When you are caught in a thunderstorm, don't hide under a tree. Despite the increased chance of the tree being struck by lightning, the chance of a falling limb dramatically increases. If you have any large trees that adjoin your property, it is a good idea to have them examined and pruned by a professional tree company. If you wait to find out that your tree is weakened, its usually after a large branch has fallen, possibly causing a serious injury to your family, your guests or your neighbors.

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July 4th is just a couple of days away. Tradition dictates a barbecue for the holiday, if not the whole weekend. Besides fireworks, one danger confronting the Staten Island homeowner is the barbecue grill. Whether you choose natural gas, propane or charcoal, the heat generated by the grill easily tops 400 degrees. In the case of a charcoal grill, remember that it takes about 30 briquettes to grill one pound of meat. In other words, you will be cooking over 30 coals that are literally on fire, only inches away from your hands. It is important to exercise some basic safety precautions when barbecuing this summer.

First, make sure that the grates are clean and free of any grease before you light the grill. Once the grease is heated, it has the potential to ignite, setting the grill on fire and putting you in danger. Before you light, make sure that the grill is steady; once you turn on the grill, it should not be moved to another location nor is it the time to tighten the legs or that loose screw. If the grill falls, that would mean hot briquettes falling onto your feet and legs. Also, DO NOT USE GASOLINE to light the grill. Use lighter fluid sparingly and only in accordance with the manufacturers instructions. DO NOT pour on more lighter fluid once the coals are already lit as the fire could spread to the bottle, causing it to explode.

When lighting a gas grill, make sure to follow the directions. If the ignition doesn't work, don't leave the gas on while you go searching for a match. The gas will form a dangerous cloud which may ignite wile you strike the match, causing a dangerous fireball. Never leave the gill unattended, even if only for a few moments, especially if you have little children running around. When you are grilling, make sure that you wear a shirt and shoes. Food has a tendency to splatter hot grease and its helpful to have on clothing to prevent contact with bare skin. Remember to be safe and to enjoy your time outdoors this holiday weekend.

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As schools let out for the summer and the temperatures have been above 90 degrees for the last few days, the City's public pools have opened up around Staten Island. Many backyard pools have been opened for weeks already, especially with the soaring temperatures and the approach of the 4th of July holiday.

When it comes to swimming pools, too often tragedies occur that could be prevented. Please make sure that your children are safe. Even if you have a small inflatable pool in your backyard, only inches deep, a small child can still drown if they fall into the pool. If you are having a party, consider hiring a lifeguard to watch the pool, especially if you are going to busy entertaining your guests. If you swim in a public pool or at a beach, make sure that there is a lifeguard is on duty before you go in the water. If there is no lifeguard, or a red flag is up, STAY OUT of the water!

If you have a pool, make sure that your child learns to swim. There are many programs that teach children how to swim. These programs teach "self-rescue", which would provide a child with the ability to swim to the side and climb out of the pool if they accidentally fall in. Although learning to swim is not a substitute for supervision, teaching a child how to get out of the pool may just help to prevent a tragedy.

If you own a home with a pool in the backyard, remember that the law requires that they be surrounded with at least a 4-foot tall barrier preventing access to the pool, a gate that is self latching and that the gate be locked when the pool is not in use. These laws were passed to help prevent tragedies. Make sure that your pool is up to code and if you go to a neighbor's or friend's house, make sure that their pool is safe as well. We can all help to prevent these tragedies from occurring.

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A recent article contends that 9 out of 10 physicians, mostly emergency room doctors, practice what is called "defensive medicine." Defensive medicine claims to be ordering more tests on a patient, not out of concern for the patients well being but out of fear of a malpractice lawsuit. I have never been able to understand defensive medicine and always believe it to be an excuse, not a fact. First, we are all aware that doctor's are now under heavy pressure to make money, which means they need to treat as many patients as quickly as possible. That pressure, coupled with the overcrowding of emergency rooms, limits the amount of time that the doctor can spend with each patient to truly understand what is wrong.

The doctor's always seem to label a malpractice claim as "frivolous" and never admit to making a mistake. Unfortunately, mistakes do happen but a doctor, someone you trust with your life, is held to a higher standard. What doctor's always fail to mention, especially in New York, is that in order to be sued for malpractice, a fellow physician must have reviewed the treatment given and say that it was inadequate or improper. The physician's review is based upon their opinion that the treatment rendered deviated from the  "standard of care" that a physician would normally provide to a patient.

Most of the malpractice claims are for a doctor's failure to diagnose an injury or illness. What I have yet to understand is that if additional testing can discover an injury or illness, why not order it for the patients sake? Obviously, when another physician looks at the treatment given, he is able to show that an additional test should have been ordered based upon the patients complaints. With the new changes being made to the healthcare system, one has to wonder if our treatment will be based upon money or the best interests of the patient.

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In New York City, hundreds of people are bitten by animals each year. The New York City Health Code requires that all animal bites be reported within 24 hours of their occurrence. The purpose of the law is so allow the Department of Health to follow up and ensure that the threat of rabies does not exist in the person or the animal.

Apart from the threat of rabies, the law also provides another benefit; evidence that an animal has bitten a person before. Too many times, Staten Island residents are the victims of dogs that have bitten people before. When asked, the owner typically says that the dog is "really gentle" and "never bit anyone before." If the victim of the previous bite followed the law and reported the incident, a permanent record was made. By conducting a Freedom of Information Law search through the New York City Department of Health, any subsequent victim can find out if the dog's owner is lying.

As one of the five borough's, Staten Island can be crowded. Sometimes, when living in a multiple family home, we can be put into close contact with dogs. The breed of dog that we come into contact with may not be the best to be kept in an apartment building near other residents. By reporting the bite, we can all help make Staten island a safer place to live.

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Summer time is here. With heat indexes reaching into the triple digits, many on Staten Island are struggling to cope with the heat. Along with the warmer temperatures, a new danger rises at this time of year - children and open windows. Recently, a 2-year old boy fell three stories from his Manhattan apartment building. The apartment where this child lived did not have window guards installed, an apparent violation of the New York City law. Miraculously, he survived but many other children are not so fortunate.

If some of you think that window screens will help prevent a fall, you are fatally mistaken. Many of you may have noticed the "warning tag" placed on most window screens. The warning clearly states that the screen will not prevent a child from falling out an open window. Screens are for keeping bugs out and not for preventing falls.

In New York City, if you live in a building that has 3 or more apartments and have a child under 10 years of age living with you, your landlord or management company MUST install window guards in every window of your apartment, even if you live on the first floor. Even if you live in a single family home, and you have young children or grandchildren, its a good idea to install window guards. The guards are around $60.00 - less than the price of a cup of coffee per day each month - and can be purchased on-line. Isn't your child worth the price?

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The Staten Island Advance is reporting that Council Members James Oddo and Vincent Ignazio are warning Staten Island residents of the dangers of social networking sites, such as facebook and Twitter. The pols are warning that frequently updating your status to reflect your travel plans can lead to your home being robbed upon your return.

In people's rush to grab as many "followers" as possible, they sometimes do not know who these "followers" or "friends" really are. While not everyone has malicious intentions, it's important that you know who is able to view your status. Numerous stories are floating around the Internet of "tweeters" who posted daily live updates of their vacation. Some of their followers were not well intentioned and broke into the tweeters home, taking the time to rummage through their personal belongings and rob them. They knew that the tweeter would not be home so they could take their time in searching and even make return trips to finish.

I have written a report about the Dangers of Social Networking during a pending lawsuit which I give to all my clients. I have also discussed with them the dangers that continually updating your status brings. Many people don't realize just how easy it is to find dangerous or damaging information about themselves through a few clicks of a mouse. People need to use common sense and to understand what information they are making public. Just like we used to do when we went on vacation and asked the neighbors to bring in the mail, we need to do the same with our facebook and Twitter accounts by not sharing personal information for all to see. Apart from identity theft or robbery, your physical safety may be put in danger.

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The Staten Island Advance recently alerted residents to an attempted rape of a Staten Island woman on Four Corners Road and North Entry Road. What was especially troublesome about this crime was how long it took the police department to notify Staten Island residents. I don't pretend to be a police officer nor do i understand how they investigate crimes but I don't think it should have taken 1 week to notify the public. The police should have immediately sought out the public's help in finding this predator. I also think people should have been warned so that the residents could be better able to protect themselves by changing their behavior and being more alert to what is going on around them.

Since this crime hit so close to home, as I am a local resident and business owner, I have decided to post a $1,000.00 reward for information leading to the arrest and conviction of the Todt Hill rapist. I encourage residents that have information about this person to call the New York City Police Department's Crime Stoppers Tip line at (800) 577-TIPS. All your information will be kept confidential and you will receive a unique code number that you may use to collect your reward.

I have begun to staple fliers on light poles around my office and distribute them to local businesses.  I hope that making the public aware of this crime will help to catch this predator before he strikes again. This criminal must be caught before someone gets hurt or killed as a confrontation could easily escalate from an attempt to something much worse. Please lets all do our part in our community and help to solve this crime.

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Like many other Staten Island residents, I just came in from digging out after last night's heavy snowfall. After a few hours of shoveling, you are no doubt tired and maybe feel that you should have started earlier. Last night, while watching the Dallas-New Orleans football game, I heard the sounds of shovels and snow-blowers working in the height of the storm. Many people question when they need to actually have the snow cleaned off the sidewalk before you are liable if someone falls on snow and ice. The simple answer is - "after the snow stops." Initially, although the City of New York is responsible for the condition of the sidewalk, you are responsible to remove the accumulated snow. The good news is that the law protects you while it is still snowing and gives you a reasonable time to clean the sidewalk after the snow stops falling.

The City of New York requires that a homeowner clean the sidewalk within 4 hours after it stops snowing or risk being fined. The City will give you a "break" if the snow stops in the middle of the night - between the hours of 9:00 p.m. to 7:00 a.m. - you won't have to shovel snow until the next morning. But, if you shovel, make sure that you do the job right. Sometimes, the best way to protect yourself from liability is to do nothing at all - no shoveling, sanding or salting. Of course, you may continue to receive fines from the City but you may not be liable if someone slips on the snow in front of your house.

So if you are walking outside soon after a winter storm, don't expect the sidewalks to be free and clear of snow and ice. If you encounter a sidewalk covered in ice and snow a few days after a snowstorm, walk around it. Because if you fall, you may have no one to blame but yourself. And if you own a home, avoid the risk of fines and a possible lawsuit by shoveling soon after the snow ends. Use some sand or rock salt - give your neighbors a break and a safe sidewalk for them to walk on. Lets hope that they do the same for you.

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For years, I lived in Brooklyn and knew Staten Island as the place with the dump and its accompanying bad smell. The Brookfield landfill was the site of years of illegal dumping of toxic chemicals and industrial poisons beginning in 1974. The site was finally shut down in 1981, but not before an estimated 10,000 to 50,000 gallons of industrial waste per week was dumped into holes dug into the ground. Almost 45,000 people live within 1 mile of the landfill and are in close proximity to airborne and waterborne contaminates. Residents have complained for years about lung irritations, noxious odors and other illnesses and irritations.

It is estimated that the landfill produces approximately 95,000 gallons of leachate per day. Leachate is produced when rainwater enters the landfill and becomes contaminated with the decomposing refuse and other industrial waste. Tests of the groundwater around the Landfill show elevated levels of chemicals arsenic, benzene, cadmium, lead and methyl chloride. Since Staten Island does not draw its drinking water from ground wells, the aquifer under the homes surrounding the landfill is contaminated but, based on testing, poses no harm to residents. Doubt is cast upon these studies by the local residents who are living on top of the contaminated ground water.

For years, Staten Islander’s have known that when the winds are a certain way, unknown chemical smells drift across the Island from New Jersey. Staten Island has some of the highest rates in the nation for certain types of cancer. The higher elevations are the cancers that affect the lungs and larynx. Although Department of Health studies have claimed that cancer rates are slightly elevated, their elevated rates are “statistically significant.”

It took 28 years to begin to agree on a plan to clean up the Brookfield Landfill, all the while potentially exposing residents to unnecessary risk. Is our failure and delay going to be something we look back at, like asbestos, and see its future damage to ourselves and our children? Or will it turn out like the famous book and movie, “A Civil Action”, about groundwater contamination in Woburn, Massachusetts. What these cases have in common is that when we acted, despite warnings, it was too late and the damage was done to our children and the environment.

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