Personal Injury Law Journal

The USFDA has issued a strong warning to alert consumers of the risks of purchasing medications from online pharmacies.  On September 28, 2012, ABC World news reported:

“ . . . the FDA is warning that the vast majority, 97% of . . . online pharmacies are not legal. . . [and] a huge majority of [the nearly 40,000 active online pharmacies are] fly by night start-ups, that the DFA warned today sell at a cut-rate price but deliver expired, contaminated and fake drugs that could harm the consumer.”

FDA Commissioner Margaret Hamburg, MD, has been quoted as saying: “You have no assurance of the safety, efficacy or quality of th[e] products [supplied by online pharmacies]”.  

Persons who intend to utilize online pharmacies are cautioned by the FDA to take action to protect themselves.  According to the agency’s website:

“ Fake online pharmacies can manipulate their websites to appear legitimate, so checking the pharmacy’s license through your state board of pharmacy (or equivalent state agency) is an important step to know whether you are using a sage and legal online pharmacy.”

The FDA suggests further precautions be taken, including limiting your pharmacy choices to those which are included in your state board’s licensed pharmacy database.  The FDA warns that “[i]f you cannot confirm that an online pharmacy is licensed in the United States, you should not use [it]”.  In addition to confirming license status, the FDA suggests that consumers also make certain that the pharmacy:

1. Requires a valid physician-issued prescription before they will sell any prescription-based medications;
2. Has a licensed pharmacist who is available to answer any questions you may have about the medications; and, 
3. Maintains a physical address and telephone number in the United States.

Further information can be found on the USFDA’s website.

Mark Davis is a Shareholder in Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

On August 2, 2012, The US Consumer Product Safety Commission announced a recall of certain patio bistro sets sold by LOWE’S between August, 2011 and February, 2012.  The set in question was manufactured in China by Midas Lin Co., Ltd.  Each set consisted of two chairs and a small table, and was made of black metal with stained wood back and seats.  The set has reportedly failed causing various injuries, including back injuries, to at least 13 persons.  

More information on the recall and the product can be found at the US Consumer Product Safety Commission’s website.  

Mark Davis is a Shareholder in Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

The American Civil Liberties Union (ACLU) has announced a new, free smart phone app which is reportedly intended to give users a means of recording encounters with police, and for obtaining advice about their rights when interacting with law enforcement officials.  The app, called “Police Tape”, allows a person to initiate recording without an active screen display, which permits a discrete record of police interactions to be created.  The records can be uploaded to the ACLU-NJ for storage and for purposes of preserving a back-up copy.  

Presently, the app is only available for Android phones, but an iPhone version is reportedly pending. 

“Police Tape” is free and is available on Google Play’s website.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

The number of weekly and consecutive daily hours which a commercial truck drivers can log, known as the “Hours of Service” rule (HOS), has been the subject of regulation by the Federal Motor Carrier Safety Administration (FMCSA) for years. The goal of these regulations, limiting danger to the motoring public from a fatigued driver, is obvious and necessary for safety.

The present rule has been in effect since 2003 and statistics have shown that it has had a positive impact on safety, as the number of fatigue-based crashes has been on the decline. However, citing new and ongoing research which demonstrates that changes are necessary to further enhance safety, the FMCSA has proposed changes to the HOS rules which are meeting with resistance from the trucking industry.

Some of the core changes in dispute, are new requirements that a driver have at least two consecutive periods of rest between the hours of 1:00 am and 5:00 am in order for the “34 Hour Restart” rule to be utilized, and a restriction that a driver’s mandatory 30 minute break from driving also exclude all other on duty activity. According to the FMCSA, these provisions are necessary “to reduce excessively long work hours that increase both the risk of fatigue-related crashes and long term health problems for drivers”.  The FMCSA states that the new rules will “ensure that [drivers] have enough time off to obtain adequate rest on a daily and weekly basis.”  In support of the new restrictions to use of the “34 Hour Restart” rule, the FMCSA has stated:

“Because research has shown that long weekly hours are associated with a higher risk of crashes, sleep loss, and negative health effects, the rule . . . limits the use of the restart to once a week, which, on average, will cut the maximum work week from 82 to 70 hours.  The provision allows drivers to work intensely for one week, but will require them to compensate by taking more time off in the following week.  Research has long demonstrated that daytime sleep is shorter in duration and lower in quality than nighttime sleep. [As such, t]he rule requires any driver working long enough to need a restart to take off at least 34 consecutive hours that include 2 periods between 1 a.m. and 5 a.m. . . . This provision will give those drivers who both routinely work at night and put in very long work weeks an opportunity to overcome the chronic fatigue that can build up when working nights.”

Although the new proposed rules are supported by clinical research and appear to have a sound basis designed to reduce the risk that a chronically fatigued driver will get behind the wheel of an 80,000 lb truck, the measures are being challenged in court.  The suit, filed by the by the American Trucking Association (ATA) on February 14, 2012, has now been joined by the Truckload Carriers Association (TCA), which moved to intervene on March 15, 2012.       

Additional information on the proposed new rules and the FMCSA’s rationale for same can be found online here. Information on the opposition to the rules by the ATA and TCA can be found online here. 

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Dogs are the most popular pets in the United States. Estimates state that more than 78 million dogs are kept as household pets, so chances are you or someone you know has a dog or has owned one in the past. While there is no question that dogs can make excellent companions, owning them also comes with risks and responsibilities.

Here in New Jersey, like many other states across America, if your dog bites someone you are most likely liable for the consequences. Period. This is known in the law as “strict liability” and it is something you should be concerned about. Why? Because you may not be insured from the harm your dog may cause. Millions of us rent rather than own our home, and if you rent, it means you may not have liability insurance applicable to your dog. Additionally, even if you do own a home, you may not have insurance protection.

While it is true that the majority of dog bites do not prove fatal, there is still the chance of serious injury. Statistics show that an average of 30 people die in the United States annually from injuries caused by dog attacks. Further, the non-fatal injuries from these attacks are frequently severe. Dog attacks on children commonly result in facial wounds which frequently leave scarring or other disfigurement. Mauling of the extremities and loss of fingers are also common injuries.

So what can you do?  

1. Consider your breed of choice carefully. Dog lovers will frequently say that there is no such thing as a “bad breed” if the dog is properly socialized and raised in a loving environment. There is certainly some truth to that, but the statistics still show a greater propensity for attacks amongst a handful of breeds. Most notably, Pitt Bulls, Rottweilers and some “specialty” cross-breeds, such as wolf-hybrids.
2. Don’t take any breed for granted. It’s easy to look at a toy poodle or other “lap dog” and think that they pose no risk.  But remember, ALL dogs have teeth and ALL dogs can bite.  And even an attack by a toy poodle can cause a tremendous amount of damage to a human face.
3. Keep your dog under control AT ALL TIMES.  If you have a yard, make sure your fence is secure. Remember, dogs are most likely to bite if they feel threatened or insecure and you can be liable for ANY injuries they cause, not just bites. This means if your dog knocks someone down, you may be held accountable, so it’s a good idea to keep your dog on a leash.
4. Consider an obedience class. They are a good resource for socializing and training your pet, and for teaching you tips on how to safely introduce your pet to new people and other dogs.  
5. Look at your liability insurance coverage. If you own a home, make sure you have liability insurance on the policy AND THAT IT COVERS INJURIES FROM DOGS. You may be surprised to find that your current policy EXCLUDES such injuries. If you rent, look to buy a renter’s insurance policy and, again, make sure it offers liability coverage.
6. Be sure you purchase ENOUGH liability insurance. Something like $50,000 may sound like a lot, but it pales in comparison with the exposure you may have if your dog bites a child in the face, severs a finger or, heaven forbid, causes death.

Remember, the time to find out what liability protection you have, is BEFORE an incident occurs, NOT AFTER!

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.