It has happened to every parent.  You are spending time with your toddler.  You look away for a split second and they are gone.  We can be the most conscientious of caregivers and yet, children still find a way to get into things not meant for them.  Sometimes it is candy, sometimes it is paperwork, but what about the times when what they dig into is dangerous, or worse, poison?  We know we cannot watch them every second of every day so prevention becomes the crucial tool most likely to avoid poisoning in the home.  In order to avoid poison, you have to first know what it looks like.  Yes, it may look like drain cleaner to us, but it is the same color as Kool-Aid to them.  It looks like medicine when mom takes it, but it is poison for their little bodies.  What about the poison you cannot see?  Carbon Monoxide poisoning is fatal, but you cannot see it, smell it or feel it.  In fact, many people die from the poison before ever experiencing any symptoms.

Household Chemicals:

Household cleaners should always be stored in their original bottles or containers and be secured in an area small children cannot reach.  You can child-proof you home with safety latches, grips, outlet covers and slide locks.  Remember that babies and toddlers will put almost anything in their mouths, so it is our job to ensure that they are not exposed to chemicals or sharp corners or other dangers.  KidSafe has a child proofing checklist which assists us in making sure we have covered each room and the dangers that exist.  Adults can also poison themselves with cleaners by mixing products together.  Bleach and ammonia can be a toxic combination.   Always wear protective clothing if you spray pesticides or chemicals, including gloves, long sleeves, long pants, socks and shoes.  Ventilate the room when painting or using strong chemicals.

Medications

Poisoning does not just affect children, however.  Adults are poisoned by misuse or abuse of prescription drugs, or from simply not watching the expiration dates and consuming toxic medications.  There are several safety precautions you can use to avoid an accidental overdose or taking a medication that has become toxic.  First, never take any medications that are not prescribed to you by a healthcare professional and limit your use to the dosage you are prescribed.  Just because a medication worked for Grandma doesn’t mean it is healthy for you or your toddler.  Make sure you keep vitamins and herbals in a separate place from prescription drugs and keep both in a place that can only be reached by those who dispense the medication or are supposed to be taking it.  Always keep your medication in its original container and turn on a light when you take medication to be sure you know what you are taking.  Dispose of unused, unneeded or expired prescription drugs properly and if you don’t know how you should be disposing of them, contact your pharmacist.  Always monitor the medication use of your children, teenagers and the elderly.  If necessary, keep narcotics in a lockbox for security.  Remember that medications kept in a purse, backpack, coat or on an open counter are a temptation to a small child and easily accessible.

Carbon Monoxide

According to the Center for Disease Control (CDC), carbon monoxide poisoning kills more than 400 Americans a year unintentionally, sends 20,000 to the emergency room and hospitalizes 4,000.  People and animals are subject to poisoning.  Prevention includes having your heating system, water heater and any other gas appliance serviced by a qualified technician each year, as well as ensuring you have a battery-operated or battery back-up Carbon Monoxide detector in your home.  Batteries should be changed when you update the time on your clocks each spring and fall.  Look for gas equipment that carries the seal of a national testing agency, such as the CSA Group.   Make sure your appliances that are gas are vented and never leave gas stoves or fireplaces running when you will not be home.

What if . . . . ?

No matter how much we try to prevent it, poisoning does happen.  So what do you do?  Remain calm and call 9-1-1 or the Poison Control Center at 1-800-222-1222.  Be prepared to tell emergency responders the victim’s age and weight, time of exposure and address where the poisoning occurred.  If possible, have the container or bottle containing the poison available and follow the instructions of emergency personnel or the Poison Control Center in rendering first aid until first responders arrive.

As April draws to a close, we remind our clients, friends and family to avoid distracted driving by keeping your mind and hands on your driving.  April is designated as the month dedicated to prevention of Distracted Driving, including texting, changing the radio station, talking on your phone, playing with your iPad or iPod, or any other activity which distracts you from your driving.  As attorneys who practice personal injury, this issue hits close to home.  Every day we see traumatic accidents all over the nation caused by distracted driving.  This is an issue that draws attention in our schools, our work, our homes, and our legislature.

Nebraska has addressed the issue of distracted driving by making texting while driving and failure to wear seatbelt infractions secondary offenses.  This means that you cannot be ticketed for either offense unless you are stopped by law enforcement for another reason.  The current law on texting and driving was passed by the unicameral in 2010 and was amended so the $200.00 fine could only be issued as a secondary offense.  Unfortunately, this led to only 234 citations in 2011 and 2012, hardly an effective argument for deterring cell phone usage while driving.  The most likely reason for this low number of convictions is the fact that it is only a secondary offense.

However, in this latest legislative session, Senator John Harms of Scottsbluff introduced the Nebraska Roadway Safety Act, LB807, a bill aimed at making our roads safer, including a provision which would have made texting while driving a primary offense.   Wearing a seatbelt would also be a primary offense.  The bill also proposes no cell phone use by bus drivers while a bus is in motion unless communicating with dispatch.  At the end of the legislative session, this bill was indefinitely postponed.

Meanwhile, Iowa is also making deterring distracted driving a priority.  In late March, the Iowa Senate voted 27-22 in favor of an appropriations bill setting aside $200,000.00 to be used in an educational campaign regarding the risks of distracted driving.  This bill will now go to the Iowa House, where legislation to specifically crack down on the problem of texting and driving has stalled.  There has been a dispute as to which department’s budget will provide funding for the appropriations bill.

Texting and driving is still a crucial part of improving roadway safety and accident prevention.  Although texting and driving is often the distraction that is focused on in legislation and in the public, other activities which can move your attention away from the task of operating your motor vehicle safely should be avoided or delayed until you can perform the task safely.

A new rule requiring backup cameras in all new cars, SUVs, minivans and pickups weighing less than 10,000 pounds by May of 2018 has been announced by the National Highway Traffic Safety Administration.  All new cars, SUVs and minivans, as well as some new small trucks and buses, will be required to include backup cameras, a measure which is expected to reduce the nearly 210 backover deaths each year.  It is estimated that rear facing camera, including those automakers already offer, could save between 59 and 69 deaths a year, many of which were children.  Automakers will be allowed to “remove side –view mirrors and replace them with cameras that may expand side vision while increasing fuel efficiency”.  In February, the National Highway Traffic Safety Administration decided to require vehicle to vehicle communication systems in all new cars and trucks, however an exact date for implementation of this technology has not been set.

For as long as motorcyclists can recall, the debate over whether motorcycle helmets should be mandatory has flourished.  Forty-seven states, including Nebraska, as well the District of Columbia, Guam, Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, have laws in place requiring the use of a helmet for some riders.  Nineteen states, the District of Columbia, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands have a universal law, while the other twenty-eight states and Guam require helmets only for specific riders.  Only four states (Illinois, Iowa, Michigan, and New Hampshire) do not have a motorcycle helmet law for any riders.

Still the debate continues and states continually attempt to introduce legislation to repeal helmet laws.  Tennessee’s most recent effort to adjust their law to exempt those over 25 years old with at least $200,000.00 in medical insurance and $100,000.00 in liability coverage, failed in committee this week.  Two years ago, Michigan repealed its motorcycle helmet law.  Nebraska has had a helmet law in place since 1989.  Last year, Nebraska introduced a bill which would have required eye protection in operating a moped, while exempting anyone over 21 years of age from the requirement of wearing a helmet.  The bill now has been removed from the Unicameral’s agenda and has virtually no chance to be reviewed again in this legislative session.  This was the fifth time Nebraska had considered measures to alter the motorcycle helmet laws.  The most recent vote showed the repeal might have reached the 25 votes it needed to pass if the vote to cut off debate on the bill had been successful, which kept the bill from the voting floor.

As an attorney who has focused a good portion of his practice on motorcycle accident litigation, I have seen the massive head trauma that can occur during motorcycle accidents.  If you live in a state which requires you to wear a helmet, be sure to choose one that is DOT-Compliant.  Where do you stand on the helmet law?

On March 6, 2010, a woman dropped off her 2005 Cobalt from the dealership after experiencing a problem with the ignition shutting off while she was driving.  She had lost her power steering and brakes and had to pull over the car to restart it.  Her father insisted she take it to the dealership for repairs.  She picked it up from the dealership on March 9, 2010.  The next day, she was tragically killed when her vehicle spun out of control and sent her into the path of another vehicle.  She had suffered fatal injuries from a broken neck.  An expert examined the “black box” inside the Cobalt and discovered that three seconds prior to the accident, the key had slipped from the “on” position to the “accessory” position, shutting off her power steering and brakes and causing the fatal accident.

Now, four years later, General Motors is recalling 1.6 million cars, including the 2005 Cobalt, for problems with the ignition switch.  This problem has been linked to twelve deaths.  Although General Motors has admitted the company was aware of ignition problems prior to Brooke purchasing her car in 2005 and in fact, nearly a decade prior to issuing a recall, they only proposed an insert as a solution, rather than changing the keys, as recommended by engineers.  The insert was made available only to car owners who came in to complain about ignition shut-offs.  Under the program, fewer than 500 drivers received the inserts.  The Cobalt’s program engineering manager, stated the inserts were an “improvement, it was not a fix to the issue”.

For the victim’s father, the information that General Motors had made a “business decision” not to implement a proposed solution that would stop some ignition shut-off incidents was difficult to hear.  “I was furious that this information was known about and not taken care of before in 2005,” he said. “If it had been, my daughter would still be here and we would not be here talking about this.”  General Motors alleged that if GM had felt that changing the key was a 100 percent fix, it would have spent the money to make the change.  Testimony in the case alleged that the the victim’s car was not “unsafe” and that it “could still be maneuvered to the side of the road”.

General Motors settled the lawsuit by her estate, however would not comment on the lawsuit as a dealer lawsuit is still in progress.  The terms of the settlement with GM are confidential.