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Enjoy Your Holidays and Stay Safe!

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It’s that busy time of year with increased activities as preparations are made for decorating, gift-giving, and time with family; so take a moment to think how you can enjoy your holidays and stay safe at the same time. Here are a few suggestions to keep in mind.

Fire

Check your smoke alarm before adding electrical decorations. Often lights are added during the holidays, both inside and outside of your home. This can put an added strain on breakers, but especially on outlet strips. Watch that these are not overloaded and be aware of any unusual odors or flickering that may signal an overheated strip of lights.

Keep candles unlit unless there is someone watching them and be sure they are not close to flammable materials.

Children – and adults – love to be close to a fireplace. Use a fire screen and check to see if clothing, especially pajamas, are fire-proofed. Outdoor fire pits can be especially enticing to children; be sure an adult monitors activity around the fire and discourages roughhousing in the area.

During gatherings of family and friends, there may be a number of people in the kitchen, including children. Keep pots on the back burners of the stovetop if possible to avoid burns from accidental bumping or little hands reaching.

Pets

While some pets may love the activity and attention, others may become agitated. Ensure there’s a safe place where your pet can relax and also where the pet will not be tempted to lash out at a child. Dropped food can turn a docile pet into one that will bite to defend its prize.

Trees, lights, ornaments, ribbons, wrapping paper, and food – chocolate and nuts especially – must be out of reach or watched closely so you don’t experience a late night trip to an emergency vet.

Shopping and traffic

This is the time of year when the “traffic is terrific” and can put a damper on trips to the mall or event venues. There is no avoiding it, unless all shopping is done online, but be prepared. If you can shop “off hours” you’ll have fewer issues. Check road conditions before leaving home and find the best route.

When you park, keep all packages in the trunk or other place where they cannot be seen. Always lock doors. When walking to and from a store, keep your eyes open and avoid looking at your phone. Take note of where you park so you can walk directly to your vehicle, keys in hand, when leaving the store or event. If you feel uncomfortable about any people in the parking lot, go back into the store and request an escort.

Hold purses or wallets and don’t leave in shopping baskets, even for a moment. Guard your cards and carefully input your PIN number in a manner that is not visible to others.

Drinking

This time of year is filled with parties and dinners where liquor is served. If you want to celebrate with drinks, there are ways to do it safely. If you have one drink, have it early and eat at the same time. Stay long enough to remove it from your system before driving. Otherwise, ride with a friend or take one of the car services to get home. Many holidays have been ruined because of one too many.

Enjoy your holidays!

These suggestions are common sense and take very little time, but they can save you from a holiday and lifetime of regrets. Enjoy your holidays and stay safe!

Have fun! Make memories! Celebrate!

Texas Wrongful Death and Survival Claims Explained

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There is often confusion about Texas wrongful death and survival claims, but Dallas serious personal injury attorney, Ben DuBose, explains, “When tragedy strikes and a person dies because of someone’s negligent conduct, Texas law provides for two general types of recovery in our civil court system: wrongful death and survival claims.”

Survival claims

Survival claims are those personal injury claims the deceased individual would have if they were living. The individual’s death does not extinguish these claims. Rather, they “survive” their death and belong to the estate of the decedent. Survival claims include claims for pain, suffering, mental anguish, lost wages, as well as medical expenses related to treatment of the injury that caused the death.

Wrongful death claims

In addition, claims can be brought by the family of the decedent for wrongful death. Wrongful death claims exist by statute in Texas and belong to the family members of the decedent for the loss of their spouse, parent, or child.

How wrongful death and survival claims work together

DuBose points out that “while wrongful death and survival claims are separate claims, they are brought in the same lawsuit.”

A surviving spouse, parent or child may bring the wrongful death action. However, if none of those individuals have brought the claim within three months of the death of their loved one, the executor of the estate may bring the claim.

Surviving siblings do not have standing to bring a wrongful death action in Texas. However, most states have a wrongful death statute and the classes of relatives with standing to bring a claim vary from state to state.

In some Texas wrongful death claims, exemplary damages are available. Exemplary damages are permitted if the jury finds a wrongful death is caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is not to compensate the family, but to punish a wrongdoer and to make an example that willful or grossly negligent behavior will not be tolerated.

The award of damages in a Texas wrongful death claim is typically made by a jury. The jury allocates the damage award among the surviving family members in proportion to the injury they suffered as a result of the untimely death.

The Texas wrongful death statute can be found here.

Teen Cosmetics Tested Positive for Asbestos

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Danny Katz of U.S. PIRG, a consumer advocate group, says after testing over a dozen products at the American accessories chain Claire’s, the group found that teen cosmetics tested positive for asbestos in three of the samples. In The Netherlands, Dutch health and safety authorities also found asbestos in two types of Claire’s cosmetics for young girls – a face powder and a contouring powder. Dutch authorities pulled the products from the shelves.

Katz elaborated by saying that it is unacceptable to have asbestos in these products. Asbestos, when inhaled, can lead to lung cancer and even to mesothelioma. “We need Claire’s to remove these products from the shelves and we need them to figure out how asbestos got in their products to begin with. We need Congress and the FDA to take action. We need to ban asbestos from beauty care products and makeup.”

Not the first time

Late in 2017 there were similar allegations concerning Claire’s carrying cosmetics containing asbestos in their stores. If they sell asbestos-containing products, many thousands of people could be exposed. The chain has 7,500 locations in 45 countries with approximately 17,000 employees.

Claire’s reply

In the current tests and in 2017, the Claire’s chain contracted additional testing facilities, which found no asbestos in the products cited. Claire’s maintains that the testing by the U.S. Public Interest Research Group (U.S. PIRG) is outdated and inaccurate.

“At Claire’s, customer safety is of paramount concern, and we pride ourselves in providing our customers with quality products that we stand by, so we wish to address a recent report that cosmetics sold by Claire’s may contain asbestos. We want to assure our customers that all of our products are safe and asbestos-free.”

“In addition, testing of more than 85 samples using the most up to date test methods has been conducted by independent laboratories both in the USA and Europe. In addition, several cosmetic products sold by Claire’s have been tested by Health Canada and the Dutch Human Environment and Transport Inspectorate (ILT). This extensive testing conducted by four separate laboratories has confirmed that these cosmetics products do not contain asbestos. In addition, all our powder-based cosmetics use the same base formulation, utilizing Merck certified asbestos-free talc, which is the same talc used in other well-known cosmetic brands.”

U.S. PIRG reply

“Claire’s incorrectly claims that our testing methods are unsound. Its accusations are misinformed at best, and seem to be designed to distract from the bottom-line: that Claire’s is selling makeup that contains asbestos to preteens. Claire’s has previously claimed that its products are free of asbestos, despite evidence to the contrary. While we have been transparent about our testing methods and results, Claire’s does not provide its own test results, or explain its own testing methodology. On balance, it is clear that Claire’s is trying to confuse the facts.”

“Our lab is accredited by the U.S. National Institute of Standards and Technology NVLAP program. The FDA used a lab on this accredited list for their cosmetics testing for asbestos (AMA Analytical Services) and we used another lab on the list, STAT Analysis Corporation.”

“When Claire’s was previously accused of selling makeup contaminated with asbestos, it pulled the products from the shelves. Based on our new test results, it should do the same now.”

What now?

The Dutch NVWA (health and safety group) did not withdraw products in 2017 because of assurances by the US Food and Drug Administration (FDA) that there was nothing wrong with the products cited. The products in the current tests were removed in The Netherlands as the Dutch inspectors found 2% to 5% asbestos in the face powder and .1% to 2% in the contouring powder. All products containing asbestos are banned in The Netherlands, and 55 other countries, because of the danger to health. The United States has not fully banned asbestos.

Claire’s filed for Chapter 11 bankruptcy protection for its US stores in March 2018 but is not planning to close any US locations.

Popcorn Lung in E-Cigarette Users A Possibility

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According to a Harvard study, a chemical, diacetyl, may cause a condition called Popcorn Lung in e-cigarette users. Popcorn lung was first observed in the early 2000s when workers at a microwave popcorn factory were sickened by breathing the chemical, used because of its buttery flavor.

Popcorn lung in e-cigarette users

E-cigarettes come in many flavors, making them appealing to teenagers as well as adults. Most users think these are a healthy substitute for smoking cigarettes. Unfortunately, they are misguided. The same chemical, diacetyl, that produced irreversible bronchiolitis obliterans and even death to workers in popcorn factories, is present in many of the flavored ‘juices’ of e-cigarettes.

Harvard researchers found that 39 of 51 e-cigarette brands contained diacetyl and, of the two other harmful chemicals present, 23 included 2,3 pentanedione and 46 contained acetoin. In total, approximately 92 percent of e-cigarettes tested had at least one of the three chemicals.

What is popcorn lung?

The scientific disease name, bronchiolitis obliterans, is actually a scarring of the lungs’ small air sacs. This scarring thickens and narrows the airways. Though the common disease name, popcorn lung, sounds harmless, it definitely is not. The devastating results are coughing, wheezing, and shortness of breath – similar symptoms of chronic obstructive pulmonary disease (COPD) – and can lead to death.

Why is this legal?

Once the effects on popcorn workers were discovered, diacetyl was removed from popcorn products. However, until the May 5th announcement by the Food and Drug Administration (FDA) that they will extend their oversight on tobacco products to include e-cigarettes, there was no FDA oversight. This announcement means that in August key provisions of the Family Smoking Prevention and Tobacco Control Act on sales, marketing, and manufacturing of e-cigarettes will be enforced, but there is a caveat. For three years manufacturers can test their products and complete FDA applications for review while their products can remain in the market.

The 2015 Harvard study concluded, “Because of the associations between diacetyl and bronchiolitis obliterans and other severe respiratory diseases observed in workers, urgent action is recommended to further evaluate this potentially widespread exposure via flavored e-cigarettes.”

While there are groups wanting more proof that there is actual danger, the American Lung Association thinks the danger is real, three years is too long, and the FDA should quickly require removing diacetyl and all other harmful chemicals from e-cigarettes.

Learn more

Even if you are still undecided about the effects of diacetyl in vaping, there are many other additives in e-cigarettes that are harmful, including nicotine, formaldehyde, carbonyl compounds, metals, propylene glycol, glycerol, fine particulate matter, and flavoring chemicals.

Here are two good links. For more public information on e-cigarettes and lung health and for a number of articles on how to quit – or help someone else quit – smoking.

Uber Self-Driving Car Kills Pedestrian

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The first case of a pedestrian killed by a self-driving car occurred in Tempe, Arizona. This technology is still in the experimental phase, however Uber self-driving cars are on the roads in Pittsburgh, San Francisco, and Toronto – as well as Tempe.

Are self-driving cars safer?

Increased safety was the initial premise for the existence of unmanned self-driving cars. One of the primary causes of automobile accidents is distracted driving. In a robotic car, that should not be a problem, but obviously there are issues to be addressed. Building systems to automatically react appropriately in unexpected situations is a difficult task.

What happened in Tempe?

In this case, the car did have a human in the car as a backup. It appears the car, a Volvo XC90, was going about 40 MPH on dry streets with clear weather at 10 p.m. on a Sunday. An investigation is ongoing since the safety driver did not appear impaired. The victim, a 49 year-old woman, was walking her bicycle in the street. Though this was the first accident involving a pedestrian, one of these autonomous vehicles collided with another car in March of 2017.

Safety measures in place

Because states are eager to encourage testing, there are few regulations in place – not only with Uber, but Waymo, Lyft and Cruise, owned by General Motors. Doug Ducey, governor of Arizona, said in 2017, “We needed our message to Uber, Lyft and other entrepreneurs in Silicon Valley to be that Arizona was open to new ideas.” Originally Arizona mandated a backup driver in the car, but recently that was changed to allow testing of unmanned self-driving cars. This leniency is to boost the economy by allowing a low regulatory environment.

California is on the cusp of allowing unmanned vehicles, but is still investigating the proposition. In its testing of manned self-driving cars, Waymo has produced statistics required by California. When a human has to take control, it’s called a disengagement. In just over a year, Waymo’s cars drove 350,000 miles with 63 disengagements. This averages approximately 5,600 miles between disengagement events, clearly demonstrating the need for more testing before widespread use of unmanned vehicles.

Michael Bennett, an associate research professor at Arizona State University, has been studying the reaction of the public to driverless cars and their artificial intelligence. His comment on the aftermath of the Tempe pedestrian incident reveal his conclusion, “We’ve imagined an event like this as a huge inflection point for the technology and the companies advocating for it. They’re going to have to do a lot to prove that the technology is safe.”

Who’s Fault is Injury from Self-Driving Car?

“Look for insurance companies to lobby for profound changes in state insurance requirements and state laws”, says Dallas lawyer, Ben DuBose. “However, in the Arizona Uber incident, there was a back-up driver in the car. So, there’s still a question of why the back-up driver didn’t disengage and potential liability for her. People will still need car auto insurance and will still have potential liability.”

At the same time, as we head into the self-driving car era, DuBose says to look for additional new legal theories to address the autonomous car features. Automobile manufacturers and software designers will face new product liability claims. As even Volvo Car Corp. Vice President, Anders Karrberg recently testified before Congress “[c]armakers should take liability for any system in the car. So we have declared that if there is a malfunction to the [autonomous driving] system when operating autonomously, we would take the product liability.”