June 27, 2011

Hot Coffee: The Truth About the MacDonald's Coffee Case

When people I meet for the first time find out I am a personal injury lawyer almost invariably the conversation ends up with them mentioning the lady who spilled hot coffee on herself and sued McDonald's for $3 million.

Unfortunately there is a stunning lack of public understanding about the real facts of the McDonald's coffee case. That misunderstanding is fueled by corporate interests who want the public to belive that there is a "problem" with people being able to recover compensation for their injuires.

The insurance industry wants to increase it's profits by limiting access to justice and the rights of innocent victims to receive full and fair compensation for their injuries.

Tonight HBO Canada is airing the documentary HOT COFFEE which examines the dangers of so-called “tort reform” and its threat to our justice system.

The documentary uses the now-infamous legal battle over a spilled cup of McDonald’s coffee as a springboard, the film follows four people, including McDonald’s plaintiff Stella Liebeck, whose lives have been affected by their inability to access the courts, and examines the role of corporations and the media in promoting “tort reform.”

The movie is airing here in the Maritimes on HBO Canada at 9pm. It's well worth watching.

May 31, 2011

Child Safety: Preventing Burn Injuries at Home

75% of burns and scalding injuries happen in the home. Water doesn't have to be boiling (100 degrees C) to be a serious danger. At a temperature of 68 degrees Celsius water can cause third degree burns in less than one second!

"What's a Third Degree Burn?"

Third degree burns happen when all three layers of the skin are destroyed. Third degree burns require immediate medical attention. Treatment and recuperation requires skin grafts and can require months of painful rehabilitation.

According to the Journal of Burn Care and Research more than 1,000 children are treated in emergency rooms across Canada every year for burn injuries. Children aged 1 to 5 years were at the highest risk of death.

Don't Understand the Danger

Children are more prone to burn injuries because they do not understand the danger associated with boiling water, hot stoves etc.

They also have thinner skin which gives them less protection against burn injuries. In fact, non-fire related burns are the leading cause of death for children age 4 and younger.

Dangerous Places

Most people assume that the kitchen is where most injuries happen. Few realize that bathrooms and radiators can be just as dangerous. Emergency departments frequently see cases where children have been placed into bath tubs without the parents checking the temperature of the water, resulting in serious scalding injuries. Scalding injuries represent 50% of all hospital admissions due to burns.

Burn Prevention

The easiest way to ensure that you are not scalded by tap, bath or shower water is to make sure that it does not get hot enough to injure yourself or family in the first place.

Make sure your hot water heater isn't set any higher than 48 degrees Celsius. This will greatly reduce the chances of being burned if someone happens to flush the toilet when you or your child is in the shower.

If you are a tenant and don’t have access to your hot water heater, notify your landlord by letter and ask that they turn down the temperature on the hot water heater. It’s unlikely that your landlord will object since turning down the temperature on the hot water heater will save the landlord money.

In the winter some people use space heaters to heat their homes. You can read more about the dangers of space heaters here:Space Heaters: Safety Tips to Prevent Burns Injuries and Fires

Kitchen Injuries
boiling%20water.bmp Cooking temperatures are frequently close to boiling which can cause third degree burns in less than a second. Most burn injuries in the kitchen result from hot water or oil spills.

Prevention Tips

• Use back burners whenever possible.
• Keep handles of pots facing in.
• Never leave children alone in the kitchen while you are cooking.

Burn Treatment

If you suffer a burn there are a few simple steps you can take to reduce the chances of suffering long term injuries.

• If the burn is serious call 911 and ask for an ambulance.

• Immediately pour cool (not cold) water on the burned area for 3-5 minutes or until the ambulance arrives.

• Cover the area with clean gauze or bandages. Do not apply aloe or other ointments because impurities can cause infections.

• Do not break any blisters. This can also result in an infection.

• Wear loose clothing while the burns are healing.

Further Resources

Burnsurgery.org

Sick Kids Hospital Burn Prevention Team

Burn Prevention for Families With Children With Special Needs: Video

December 19, 2010

Christmas Tree Safety Message

We decorated our Christmas tree today and I noticed the tree was already getting a little dry. Then I came across this public service announcement this evening. Scary!

We all get busy over the holidays and sometimes in the rush we forget to do the little things, like watering the tree.

Christmas tree fires are not common, a few hundred a year in the United States where there would be millions of Christmas trees in homes across the country. But when they happen, tree fires are likely to be serious. On average, one of every 21 reported fires that began with a Christmas tree resulted in death.

So please, have a safe and happy holiday season...and remember to water your tree!

December 19, 2010

Smoke Detectors May Not Provide Adequate Protection

Everyone knows you should have smoke detectors in your home right?

You may even be one of the dedicated few who check them to be sure they are working and replace the batteries on a regular basis.

But did you know that your smoke alarm may not provide you with adequate warning during a fire?

Detector May Not Detect!

Recent research suggests that the most common type of smoke detector in Canadian homes, ionization smoke detectors, are not particularly effective in detecting the most common cause of fatalities in home fires, smoldering fires.

Problem Known for Decades

This problem has been known by manufactures for decades of smoke detectors for decades but consumers have no idea of the risk. In the early 1990's a research study at Texas A&M University determined that the failure rate of a photo electric smoke detector in detecting smoldering fires is just 4%. But ionization smoke detectors had a failure rate of up to 56%!

Why the Difference?

The huge difference for the failure rate is due to the way that the smoke detectors work.

Ionization Alarms

Ionization smoke detectors create a small electric current between two metal plates. When the electric current is interrupted by smoke the alarm is triggered. This type of technology is susceptible to “false alarms” from high humidity in bathrooms or steam from cooking in kitchens. In fact, the propensity for these types of alarms to go off by mistake often leads consumers to disable to alarms or remove their batteries eliminating any protection at all.

Photoelectic Alarms

Photoelectric smoke alarms contain a small beam of light. When smoke enters the detector it deflects the light onto a electric cell and the alarm is triggered. These types of alarms are more sensitive to the type of large some particles that are given off during smoldering fire, the kind of electrical fire that often happens at night when homeowners are asleep.

Cost an Issue?

The popularity of ionization smoke detectors is also likely due to the fact that they are incredibly cheap. However, while photoelectric smoke detectors cost a little more they are far more efficient at detecting smoldering fires and less prone to false alarms.

More Information:

Health Canada

How to Properly Install a Smoke Detector

Smoke Alarms: Home Safety Information

December 1, 2010

Space Heaters: Safety Tips to Prevent Burns Injuries and Fires

The temperature is dropping and more and more Canadians are using space heaters to keep warm.

The first house that my wife and I bought was so poorly insulated that we had an electric space heater in the bathroom so we wouldn’t freeze to death getting ready for work in the morning.
Thinking back it probably wasn't a great idea to have an electrical appliance like that around so much water.

Since then I have seen many people who have been injured because of faulty space heaters. Or children injured because heaters were not used properly. So I thought it might be a good idea to post these safety tips.

space-heater.jpgDifferent Heaters - Different Risks

There are two different types of space heaters: electric heaters and heaters that burn fuel (usually oil or kerosene).

Large Space or Small Space?

There are convection space heaters that can be used to heat a large area. They usually come with a fan or blower to circulate heat.

Radiant heaters are designed to be used in smaller areas.

But any type of space heater; electric, fuel, convection or radiant can cause serious injury or loss due to burns or house fires if not designed or used properly.

Safety Tips

1. Not a Substitute. Space heaters are designed to temporarily heat small areas. They are not a substitute for heating an entire home or apartment.

2. Children and space heaters don’t mix. The heating elements in space heaters tend to glow and create a sometimes irresistible attraction to babies and toddlers. Never leave children alone in a room where a space heater is being used.

3. Don’t leave heaters unattended. Most house fires that are caused by space heaters happen because the person that turned on the heater forgets to turn it off before they leave the room or fall asleep.

4. Space heaters can cause fires. This may sound obvious but space heaters should be kept far away from flammable materials. Most space heater fires happen when curtains, blankets or clothes are placed to close to the space heater. Manufacturing guidelines usually recommend that space heaters not be placed within 3 feet of any flammable materials. That includes the floor so don’t place you space heater on a rug!

5. Extension cords are dangerous. Most electric space heaters specifically state that they are not to be used with extension cords. Extension cords in general pose a danger especially when they are placed under carpets or rugs.

6. Fuel based space heaters should not be used indoors. Kerosene or oil based space heaters give off carbon monoxide. When used inside a room they can give off poisonous fumes that can kill the occupant while they sleep.

More information:

Canadian Standards Association

Consumer Product Safety Association

Harvard University Space Heater Safety Fact Sheet