Columbia Personal Injury Lawyer - All Topics

Black Friday Deals Abound

Pete Strom — Wed, 25 Nov 2009 09:18:54 GMT

Black Friday, love it or hate it, mystery always surrounds the deals to be found. Websites are already popping up giving us glimpses of what may be worth standing in line for this year.

If you are among those who will browse the ads on Thanksgiving Day to determine where to shop on Black Friday, please consider the following tips to reduce your chances of being a victim.

1. Parking: Pay attention to where you park and try to locate a spot that is close to the door or police substation if available. You don't want to come out of the store loaded down with presents and make yourself vulnerable by wandering through the parking lot. As an added tip, it may be helpful to place a magnet or sticker on your car so that when you come out and see 50 silver sedans, you can quickly identify which one is yours.

2. When coming out of a store, have your keys ready and in your hand. Don't risk being approached by a thief or carjacker because you are fumbling in your bag looking for your keys. In addition, you will have access to your panic button and your keys can be used as a weapon if necessary.

3. When you are out shopping, keep your gifts out of view, and your doors locked.

4. If you carry a purse, consider keeping your cell phone in your pocket. In the event that your purse is stolen, you will still have your phone to call for help.

5. Stay aware of your surroundings. It is very easy to get distracted and increase your chances of being a target. Remember texting and talking on your cell phone also increase your chance of being distracted.

6. Shop with a friend or family member instead of shopping alone, especially if you are shopping at night.

7. Avoid carrying large amounts of cash.

8. Dress comfortably. Although your new high heeled boots may be utra stylish, you do not want to wear anything that will restrict your movement. Don't forget about the rush of the crowds when the door opens.

9. Check to see if the deals you are after are available online. Many stores are honoring the same deals online for delivery and in store pick up.

10. Watch out for other drivers. Although you may be paying attention, the driver next to you may not be, and looking out for other drivers will decrease your chance of being in an accident.

Happy Thanksgiving, and for those of you braving the crowds, Happy Shopping.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia

Originally posted at InjuryBoard by Pete Strom

Federal Tax Credit Spurs Golf Cart Purchases

Pete Strom — Tue, 27 Oct 2009 21:47:51 GMT

Keeping up with the neighbors has a whole new meaning in light of Uncle Sam's generous Federal Tax Credit offered to those who purchase a qualifying electric golf cart on or before December 31, 2009.

The credit provides for between $2,500 and $7,500 depending upon the type of battery used in the LSV (low speed vehicle). Many states, including South Carolina, are offering an additional credit on top of the Federal Tax Credit making the deal even more enticing, and in some cases, practically free.

Although traditional golf carts are not actually covered by the credit, many of the models available look like golf carts, but are actually better equipped for jetting around your neighborhood complete with lights and rear view mirrors.

On average, they can go between 15 and 25 miles per hour and can travel between 30 and 40 miles before needing to be recharged.

There is no limit on the number of electric cars that one can buy, and to qualify you must purchase the vehicle on or before December 31, 2009.

The only caveat is that the LSV must be federally approved or it will not qualify for the credit. We have the list that tells you how to bring joy to your holiday season.

Originally posted at InjuryBoard by Pete Strom

Baby Einstein Videos Recalled

Pete Strom — Tue, 27 Oct 2009 11:01:59 GMT

Baby Einstein, with its vibrant colors and soothing music, is common place in households with small children. Contrary to what the name implies and despite the soothing classical music played throughout the videos, Baby Einstein will not make your children any smarter.

http://www.youtube.com/watch?v=2yd1YckwpKI

Responding to allegations of deceptive marketing concerning its educational nature, the Baby Einstein company is voluntarily recalling all videos purchased between June 5, 2004 and September 4, 2009.

If you purchased a Baby Einstein video during this time period, you are eligible to receive up to four refunds in the amount of $15.99 per video, a Baby Einstein Music CD, or a 25% off coupon for one Little Einstein product at the Disney Store.

Originally posted at InjuryBoard by Pete Strom

Yaz Side Effects Spur Lawsuits

Pete Strom — Tue, 13 Oct 2009 10:31:58 GMT

We've all seen the catchy commercials that leave you thinking birth control will leave you without a care in the world.

http://www.youtube.com/watch?v=uCg1q0h1PP0

Oral birth control pills are the most popular birth control methods for females between the ages of 15 and 29.

Yaz, an oral contraceptive, whose sales greatly increased as a result of agressive marketing efforts, is the only birth control pill which contains drospirenone, or drsp, which impacts the body's normal regulation of balancing salt and water. This effect results in elevated potassium levels, known as kyperkalemia, known to case potentially live threatening heart problems and other health issues. Reported side effects include:

heart attacks
blood clots
strokes
cardiac arrhytmias
deep vein thrombosis (DVT)
pulmonary embolism (PE)
Gallbladder disease
Sudden death
live damage,
depression/emotional changes
migranes
high blood pressure
high cholesterol, as well as
signs of an allergic reaction including unexplained rashes, hives, itching, unexplained swelling, wheezing or difficulty breathing or swallowing.

Hundreds of lawsuits nationwide have been filed alleging that the company concealed health risks associated with the pill and lied about its effectiveness. In addition to the lawsuits, the the FDA issued a warning letter to Bayer stating that the ads overstated their safety to others and inaccurately claimed effectiveness in treating acne and premenstrual syndrome.

If you or someone you know has taken Yaz and suffered side effects, you should consider seeking legal help.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles defective product claims. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia.

Originally posted at InjuryBoard by Pete Strom

David Letterman Extortion

Pete Strom — Tue, 06 Oct 2009 14:26:18 GMT

David Letterman, John Travolta, Amy Polumbo, and Bill Cosby. What do these three, as well as many other celebrities, have in common? All have been victims of extortion or blackmail.

Millions of us watched David Letterman’s apology on the late show.

Threatening to accuse another of a crime, expose personal information or compelling another to act or refrain from doing any legal act against his will is illegal under both state and federal law.

South Carolina Statute § 16-17-640 defines blackmail as:

any person who verbally, by printing or writing, or by electronic communications:

accuses another of a crime or offense;
exposes or publishes any of another’s personal or business acts, infirmities, or failings; or
compels any person to do any act, or to refrain from doing any lawful act, against his will;
with the intent to extort money or any other thing of value and/or
attempting or threatening to do any of the above referenced acts with the intent to extort money or any other thing of value.

If convicted of blackmail or extortion, the offender may be forced to pay a five thousand dollar fine or imprisoned for up to ten years!

Over the years, we have talked to victims of blackmail and extortion, many of whom have been threatened and targeted for hush money, most typically by lovers.

We all know the options, you can go to the police, contact an attorney, comply with the demand to pay. Alternatively, just as Letterman did, you can contact the police and disclose the information.

The bigger question is whether to go to the police or to contact an attorney. As evidenced by the recent flurry of articles, opinions differ as to the best avenue to take, and it depends upon the situation. However, an attorney experienced in dealing with threats can help you weigh your options and best course of action confidentially. Some of the best managed threats you never hear about.

In the day and age of technology, one thing is clear, there are more and more avenues to disclose otherwise personal information, a fact that does not change the underlying threat, but broadens the reach of blackmail and extortion.

Originally posted at InjuryBoard by Pete Strom

Defective Chinese Drywall Lawsuits Press Forward

Pete Strom — Thu, 24 Sep 2009 20:43:12 GMT

Chinese Drywall, a wide flat board used to create interior walls, is alleged to be emitting sulfur-based gases that:

cause your home to smell like rotten eggs,
corrode air-conditioner coils,computer and electrical wiring, and
cause chronic health problems including sinus problems, a scratchy throat, itchy eyes, as well as other symptoms that go away when you leave the home.

As we have reported, all of the pending faulty Chinese Drywall claims have been consolidated into the US District Court for the Eastern District of Louisiana. The assigned Multi-District "MDL" Court held a status conference today in New Orleans, Louisiana. We attended the status conference and are proud to supply you with the following report:

During the status conference, the Court advised that it has posted a markings catalog on its website under the "Drywall MDL" tab. The parties also discussed the vaious pretrial orders, copies of which are available on the Court's website.

In accordance with the Court's request at the status conference held last month, inspections have begun and ten properties have been tested. The protocol for these inspections has been amended and an additional ten homes will be tested.

The court will set bell weather trials for January through March 2010. Bellwether cases are actual trials of a small number of cases selected out of all of the pending cases to offer a picture of what a jury may decide in subsequent cases. It is very clear that the Court wants these cases moving.

The court set the next status conference for October 15, 2009. We will keep you updated.

Originally posted at InjuryBoard by Pete Strom

South Carolina’s Child Passenger Restraint Law Mandates Proper Car Seat Safety

Robyn Madden — Thu, 17 Sep 2009 13:02:44 GMT

This week we celebrate National Child Passenger Safety Week.

http://www.youtube.com/watch?v=m-sCQsy5Pbk

As a parent, I’ll never forget our first car seat installation. I read the installation manual in its entirety, agonized over where to place the car seat in the car, climbed all over the car to determine how to install the seat using the LATCH (lower anchors and tethers for children system) system, struggled over how to pull the straps on the car seat tight so that the seat was snug and secure, and when finished was proud of my efforts, thinking there was absolutely no way that this car seat was installed improperly. I was wrong.

The fact is that even if you read the car seat manual, you will still more than likely install your child’s car seat improperly, possibly risking your child’s safety when he or she needs it most. Over 81 percent of child restraints are used incorrectly. This includes 88 percent of forward-facing toddler seats, 86 percent of rear-facing infant seats and 85 percent of safety belts, as determined at child passenger safety seat inspection stations across the country. Despite my best efforts, I was one of those statistics.

When I pulled up for my car seat inspection I expected to pass with flying colors. Instead a police officer climbed in my car and in approximately 5 seconds determined that the car seat was improperly installed. I was dumbfounded. The officer proceeded to pull out an ordinary pool noodle, cut it to size, and leveraged it to properly position and safely secure the seat. In less than five minutes I was in, out, and on my way.

These inspections are FREE and they only take a minute. To make it even easier, many of the car seat check points provide other activities geared towards children to make the time go by even faster.

PROTECT YOUR CHILD. PROPER RESTRAINT MAY SAVE YOUR CHILD’S LIFE:

According to the CDC, car seats reduce the risk of death in car crashes by 71% for infants and 54% for toddlers ages one to four.

For children aged 4 to 7, booster seats reduce injury risk by 59% compared to safety belts alone!

In fact, auto accidents are the leading cause of death for children under 12. In 2006, National statistics showed that less than one out of every five kids between the ages of four and eight is riding in a car booster seat. Don’t take the chance.

The CDC recommends that all children younger than 13 years old should ride in the back seat. This is even more important today given that most cars on the road have airbags that may deploy in the event of an accident.

The National Highway Traffic Safety Administration recommends that your child be retrained in a booster seat until the seat belt fits properly, usually around age 8 and when your child is approximately 4 ft 9 inches tall.

CHOOSING A SEAT AND YOUR OBLIGATIONS UNDER SOUTH CAROLINA LAW:

· The seat must meet federal standards.

· The seat must fit properly in your car. Read your (vehicle) owner’s manual for information about using a child restraint in your vehicle. For example, your vehicle may not be equipped to support the LATCH system.

· The seat must be appropriate for the child’s weight and height.

· Do not purchase a car seat second hand if you can avoid it.

· Watch for recalls. Our website, lists all recalls from the Consumer Product Safety Commission making it easier to keep up.

· Your child’s age and weight determine the type of car seat that is appropriate.

· Use LATCH or a seat belt, but never both.

· Understand that South Carolina law is not as stringent as what experts recommend.

· In South Carolina, Infants should ride in rear facing seats until at least 20 pounds or one year of age.

Infants in rear-facing car seats should NEVER ride in the front seat of vehicles with airbags.

Infants should be reclined, up to a 45-degree angle to ensure comfort.

Thread the harness straps through the lowest pair of slots in the back of the seat. This will help keep the baby restrained in the seat, providing additional protection in a crash.

Buckle the harness system between the infant’s legs.

Tighten the harness so that the child is snugly secured in the seat.

Secure the safety belt to the safety seat. The safety seat should not move more than 1 inch toward the front of the vehicle or side-to-side.

Your infants head should stay at least 2 inches below the top of the child seat. If your child is too tall for his or her seat before the child turns one, you should move the child to a convertible seat designed to be placed in a rear facing or forward position. If you use a convertible seat in the rear facing position, the harness straps should be at or below the infant’s shoulders; the chest clip should be at the infant’s armpit level.

· In South Carolina, Children between the ages of 1 and 5 weighing between 20 and 40 pounds should ride in a forward-facing safety seat or harness system, ideally a 5 point safety restraint system.

Thread the harness straps through the top pair of slots in the back of the safety seat.

Buckle the harness system between the child’s legs.

Tighten the harness so that the child is snugly secured in the seat.

Secure the safety belt to the safety seat. The safety seat should not move more than 1 inch toward the front of the vehicle or side to side.

Combination seats, which are often marketed as “highback boosters,” may be used provided that your child is the appropriate age and weight. These boosters usually have a harness that can be used from 30 pounds up to 40 pounds or more and removed to convert the seat to a booster. As a parent, I must say that these are well worth the money. They come in many themes, look more grown up and are easy to install and remove.

· South Carolina requires that Children between the ages of 1 and 6 who weigh over 40 but less than 80 pounds ride in a seat secured by a belt-positioning booster seat; experts recommend that you use a booster seat until your child is 8 years old and taller than 4 ft 9 inches.

Children weighing between 40 and up to 80 pounds and between the ages of 1 and 6 should be restrained by a belt-positioning booster seat, not a harness.

Belt-positioning booster seats, which are used in conjunction with the vehicle’s lap-and-shoulder safety-belt system, provide good upper-body protection for children weighing more than 40 pounds.

A booster seat keeps the vehicle seat belt positioned correctly over the strongest bones—the shoulders and hips. Without a booster seat, the seat belt probably won’t work and fit properly.

High back boosters provide head support not provided by vehicle seats with low backs or no head restraints.

The mid-point of the back of the child’s head (ear level) should not be above the vehicle seat back cushion or the back of the high back booster.

Technically, in South Carolina, if your child is under 6 but can sit with his or her back straight against the vehicle seat cushion, with his knees bent over the vehicle’s seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

Don’t get lazy. Many parents forgo these seats thinking that their child is big enough and/or it is not worth the battle. These seats are very easy to install and remove and will protect your child in the event of an accident. Don’t take an unnecessary chance. Remember, experts recommend that your child should ride in a booster seat beyond his or her 6th birthday until he or she is 80 pounds and at least 4 ft 9 inches.

· For children restrained in an adult safety belt:

The lap belt should fit low across the hips, NEVER across the face, neck or stomach.

The shoulder belt should fit snug across the shoulder, not the neck.

Generally, seat belts do not fit a child correctly until at least 60 pounds.

ADDITIONAL TIPS:

Set a good example and always buckle your seat belt. Even better, refuse to start your car until everyone is buckled.

Begin using the safety seat immediately and plan ahead. Install your child’s car seat weeks before your due date to ensure that you do not have to worry with it at the last minute. Protect your newborn in a safety seat on the way home from the hospital and every trip even if you are just running up the road. Remember, accidents happen closest to home, so don’t be fooled by a false sense of security and allow your children to be unbuckled for even a quick trip.

Be persistent. Every parent knows that children will seek to push the limits. If your child thinks that he or she can throw a temper tantrum to avoid sitting in his or her seat, the child will likely continue to do so.

When your child graduates to a larger seat, allow him or her to help you pick the new car seat out. Children are happier and more inclined not to fight their safety seat when they are comfortable. There are many “themed” car and booster seats available now targeted directly to children.

Be careful of what you give your child while he or she is in the car, including sharp objects, food, and drink. If there is an emergency, remember you are in the front seat and may not be able to reach your child immediately.

Remember, not only do you have to worry about your driving, you have to worry about everyone else on the road.

Originally posted at InjuryBoard by Robyn Madden

Apple iPhone 3G Consumer Complaints Abound

Pete Strom — Thu, 20 Aug 2009 15:36:06 GMT

Touted for its speed, strength and performance, Apple released the iPhone 3G and its related 3G-bandwidth, in 2008 promising “twice the speed for half the price” as compared to the original iPhone. The “3G” stands for the third generation in mobile technology.

The new iPhone, advertised to the public as a mobile phone, iPod, and internet communications device capable of providing access to desktop email, web browsing, maps and searching now faces a lawsuit alleging that the device performs much slower than advertised and often connects to AT&T’s much slower Edge 2G protocol rather than the 3G broadband technology promised.

Users claim that they have experienced difficulty in making phone calls and finding good 3G reception resulting in dropped calls even in areas represented to provide excelled 3G coverage. Other lawsuits claim even more problems with the iPhone including short battery life, cracking of the phone casing, and an inability to send MMS messages.

Despite performance issues tied to the 3G iPhone, Apple has made millions of dollars since the phone was released. Apple has an exclusive agreement with AT&T, forcing consumers to select the AT&T network. AT&T requires new users to sign 2 year contracts, binding consumers to a fixed rate. After initial problems with iPhone reception were reported, an upgraded service plan was offered at an additional $10 a month.

In January 2009 a civil complaint, Walters et. al v. Apple Inc., was filed in United States District Court of Northern California, San Jose Division. The complaint alleges that Apple Inc. is conducting unlawful, fraudulent or unfair business practices, breaching express and implied warranties, and violating the Arkansas Deceptive Trade Practices Act.

Apple’s marketing practices are specifically targeted in this lawsuit. The complaint refers to iPhone ads as a “campaign to lead consumers to believe that the iPhone 3G device would properly operate on AT&T’s related 3G bandwidth protocol and offer feaster data services.” However, the lawsuit claims Apple knew the AT&T network could not handle anticipated call volumes and could not perform on the 3G network as described.

This lawsuit claims Plaintiffs have suffered significant damages and seeks equitable relief, costs, and attorney’s fees. This class action potentially involves millions of consumers given that Apple sold 1 million iPhone 3G devices within the first week of its launch.

The Strom Law Firm is currently investigating these allegations for iPhone 3G customers in Illinois, Pennsylvania, Ohio, Michigan, and Colorado. If you own an iPhone 3G and have experienced problems with its speed and reception, contact one of our defective products attorneys today.

http://www.youtube.com/watch?v=vjQpzHzg3AQ

Originally posted at InjuryBoard by Pete Strom

Chinese Drywall Invades Homes Forces Owners to Evacuate

Pete Strom — Mon, 27 Jul 2009 15:53:21 GMT

Think the housing market and economy could not be any worse? Think again if you are plagued with Chinese Drywall.

Chinese Drywall, a wide flat board used to create interior walls, also knowing as plasterboard or wallboard, is believed to be emitting sulfur-based gases that may be corroding air-conditioner coils, computer and electrical wiring, and picture frames among other items.

Although builders typically use domestically produced drywall, in 2006, the housing boom, combined with a shortage of supplies due to Hurricane Katrina, forced many builders to import drywall from China. Knauf Plasterboard, Tianjin Co., a subsidiary of German Company, Knauf International GmbH, is believed to be one of the main contributors. A least one report indicates that the company hired an expert to investigate the strange odor in 2006, but that no related health concerns were found. Not so, say many other home owners.

www.youtube.com/watch

Over 540 million pounds of Chinese drywall were imported into the United States between 2004 and 2008, enough drywall to build nearly 100,000 homes. The Consumer Protection Safety Commission recently confirmed that the number of imported Chinese drywall for 2006 was more than 5.5 million sheets with additional shipments to be validated.

The Dog days of summer are generating more Chinese Drywall claims. As the days heat up, the warm humidity exacerbates the drywall’s emissions.

The drywall has been found in thirty three states, including South Carolina.

Common signs of problems within the home:

· Smell of sulfur and/or ammonia

· Corrosion of furnace coils, electronic wiring, and other metals such as jewelry

· Chronic health problems include sinus problems, throat irritation, scratchy eyes, headache, as well as other symptoms that go away when you leave the home.

What to look for:

· A rotten egg smell, which has been found in some, but not all of the homes believed to contain toxic Chinese Drywall

· If possible, push some insulation around in your attic to expose the backside of the drywall. Look for a stamp (China or Knauf).

· Look for copper turning black;

· Appliances and equipment failing prematurely,

· Even TV's and cable boxes and personal jewelry turning black.

· Remove a switch plate cover off a light switch, get a flashlight and look at the site of the light switch to see if the copper wire is blackened.

· If you hire an inspector, check the inspector's credentials.

The experienced toxic Chinese Drywall attorneys at the Strom Law Firm LLC can help you uncover and protect your rights if you have been a victim of Toxic Chinese Drywall.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, Georgia, Florida, and the District of Columbia.

Originally posted at InjuryBoard by Pete Strom

Millions of Customers Likely Paid Too Much For Out of Network Health Care

Pete Strom — Fri, 17 Jul 2009 17:20:49 GMT

We all know the drill. Health insurance is expensive. Even if you are a portrait of health, and only visit your doctor one a year for preventative care, your premiums continue to go up year after year. Even with healthcare policies that we pay good money for, millions of Americans are still forced to step outside their health insurance company’s list of preferred providers to see an out-of- network physician or medical provider. In fact, statistics show that over 70% of Americans pay more for plans that allow them access to out of network providers. As we all know, our out-of-network access usually comes at a higher rate whether you pay a higher deductible, a higher percentage of the bill, or higher copayment.

If you are insured with an insurance company in South Carolina, Georgia, or North Carolina not only may you pay a higher percentage of the physician’s bill to see an out of network doctor, but what you may not realize is that your insurance company likely may not be reimbursing your claim as promised.

Although these insurers may claim to pay as much as 80% of the bill to see an out of network physician or medical provider, instead of picking up the remaining portion of the bill as promised, some insurance companies are reimbursing the physician at what they determine to be the “usual and customary cost” for such visit, not for their portion of the bill. Even worse, rather than figuring an average of what it costs for that specific type of care in your area, these insurance companies may be reimbursing based upon faulty data, leading you to be responsible for more than you bargained for. We are currently investigating claims that these insurance companies’ reimbursement rates are based upon faulty data and are extremely low, leaving you to pay more than promised. That means that millions of people in Georgia, South Carolina, and North Carolina, likely paid too much for out of network care.

Strom Law Firm, LLC, is investigating whether Blue Cross Blue Shield of South Carolina (BCBSSC), WellPoint Health in Georgia (WPH), or Blue Cross Blue Shield of North Carolina (BCBSNC) are engaged in this practice. If you or a loved one is currently insured with BCBSSC, WPH, or BSBSNC, and you believe that you have paid too much for out of network claims, contact an experienced insurance reimbursement fraud attorney.

watch

Originally posted at InjuryBoard by Pete Strom