Indiana Injury And Family Lawyer Blog

With over 4 million dog bites each year, and the majority resulting in the requirement of medical attention, dog bite prevention tactics can be helpful.

Aggressive dogs are considered aggressive when they growl, bark, or lunge forward. There are also specific cases when dogs tend to be more aggressive, including:

• Some dogs become aggressive to protect their property or dog owner.

• Other dogs tend to become aggressive based on the actions of others, such as, being fearful of a dog. The senses of dogs are very in tune with fear. This is because they rely on the dog owner to be in control of all situations and direct action when necessary. When dog owners cannot manage the fear that an individual has because of a dog, the dog does not know what else to do but to become aggressive.

• Dogs may become aggressive when a person invades their space before the dog has a chance to see the person and sniff the person.

• Dogs may become aggressive when they feel lunged toward or when a person puts their face in front of a dog’s face.

• Dogs may become aggressive when a person looks into the eyes of the dog.

• Some dogs become aggressive when the mood is not calm. Such is the case for dogs often, when there are passersby like walkers or joggers.

Dog Bite Protocol

• Remain as calm as possible and note any details about the dog that you can, such as, dog tags.  Avoid pulling away as this may lead to a larger wound. Notice identifying tags so you can cross check the dog’s health record to see if the dog is up-to-date with vaccinations.

• Seek out immediate medical attention to rule out rabies and to receive a tetanus shot. You may also require stiches, antibiotics or other treatment. Facial wounds require special care to help preserve aesthetics, while maintaining the functionality of the affected area.

• Inform animal control about the dog and contact a personal injury attorney who can assist in protecting your legal rights for a claim.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Mass transit vehicle accidents fall into a different category when compared to auto accidents. From school busses, to municipal transport, governmental mass transit systems, and private mass transport, the laws protecting the rights of victims in mass transit accidents depends, in part, on the type of transportation and the respective insurance coverage.

Obviously, there are more risks involved with transporting a large number of passengers. In terms of liability for mass transit accidents, governmental laws offer immunity. In some cases, the degree of liability varies as well.  State statutes typically govern the laws regarding mass transit accidents. This is why it is extremely important to seek out the advice of a personal injury attorney who is familiar with the laws of mass transit. He or she will investigate your case to determine the validity of your claim in the eyes of the law. Once the preliminary investigation, called the discovery period, is complete, a lawsuit may be filed against suspected liable parties.

Liable parties may include other vehicles involved in the accident, property that created an obstacle and caused the accident, or any other variable that was a factor in the mass transit accident. In the end, there may be limits to liability, but appropriate compensation to ease the burden from suffering following an accident can be comforting with the assistance of a personal injury attorney.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Proton Pump Inhibitors, on a positive note, may allow people to reduce the risk of more serious medical conditions when acid in the stomach creates symptoms that may be more subtle than the consequence of being left untreated. People with erosive esophagitis, GERD, non-steroidal anti-inflammatory drug-induced ulcers, gastro esophageal reflux disease and small intestine ulcers may find relief using Proton Pump Inhibitors. Yet, the risk also has to weigh against the advantages when it comes to the use of drugs. Some people who have used Proton Pump Inhibitors for up to a year have developed osteoporosis and bone fractures. In fact, recent study demonstrates that long term use is associated with an increased risk of osteoporosis and bone fractures.

Physicians who prescribe Proton Pump Inhibitors closely monitor patients when they are prescribed a Proton Pump Inhibitor. Accordingly, physicians request that patients check in to let the physician know if the medication is working. Physicians may also request the patient return of the office for follow up evaluation after being on the medication for a week or so. Physicians may also prescribe other diagnostic tests to identify any other possible treatment plans that may be an adjunct to treatment or an alternative to treatment. Studies seem to indicate the risk is reduced when the medication is not used for more than 14 days, three times a year.

In essence, it’s wise to be certain you are aware of medication risks. It may also be important for you to know that medications that are less safe and less effective than alternatives are not meant to be approved by the Food and Drug Administration.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Illinois has recently become the next state to embrace sales tax for retailers on the Internet. There are several other states in America that have also initiated sales taxation for Internet retailers based in their state. Over a year ago, Texas State billed Amazon for $269 million in back sales taxes due to the fact that the warehouse was located in Texas. Since then, several states have adopted the sales taxation for Internet retailers. Following receipt of the $289 million bill from the state of Texas, Amazon closed the warehouse in Texas.

Now this this form of Internet taxation has one become known as the Amazon Tax. Illinois Gov. Pat Quinn signed the legislation to generate cash flow from state sales taxes collections on the Internet. This law applies to online companies based out of Illinois, while conducting business on websites

• The Tax Foundation has not seen evidence to suggest that this type of taxation will generate substantial revenue for individual states.
• Illinois companies may be force to leave the state if estimations in taxation prove to be the threatening to the survival of the business.

The Internet has opened the door for people of every demographic to start a business. It is representative of the entrepreneurial spirit in the U.S. While some websites may create an Internet presence that suggests the company is large and revenue producing, there are many websites that are the actual store front of people working from home to contain costs through difficult economic times. Illinois Internet retailers may not be subject to the law if information demonstrates that the majority of the company’s business is not based in the state of Illinois.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Garden of Life, LLC. distributes several products that have not been linked to a recall. However, the company recently voluntarily recalled its Vitamin Code Raw Vitamin C Dietary Supplement product because it may contain undeclared soy proteins that some people may be allergic to. The FDA has reported that less than 0.2% of children and adults are sensitive to soy, but for those who are allergic the risk may be great.

People with allergies to soy may experience an upset stomach, abdominal pain and in rare cases a serious allergic reaction that may be life threatening.

Garden of Life, LLC conducted a sample test to uncover that several packages showed positive for soy proteins.  This recalled product was produced by a manufacturer that is not owned by Garden of Life. Regardless, Garden of Life quality control practices are still in place for products that Garden of Life distributes.

The only affected lots were distrusted between March 2009 and January 2011 or are the remaining in expiry. The Raw Vitamin C product was available online and throughout the U.S. in retail outlets and stores.

If you are uncertain if your products are contaminated, you can go to the company website or bring your unused portion to the place of purchase to receive a full refund.

Food allergens are discovered in products on the market throughout the year. When these discoveries are made, manufacturers and distributers will typically voluntarily recall the product. This means that the product will be taken off the shelves of stores and will not be available on the Internet.  This also means that you can usually take the product back to the place of purchase for a refund.  Yet, unless you read recall notices such as this one, you may not be aware of products in your home that have been recalled.

Overall, the risk of a foodborne illness is rare. Yet, rare is relational to the total number of people affected by the recall, which may consequently still be a great number, depending upon the extent of distribution.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Please attend the 2011 Sorrow to Strength Conference for Truck Accident Victims, their families and all other interested people.  This truck safety conference will be held in Washington, DC from Saturday, April 30th to Tuesday, May 3rd.  We hope to bring together families and friends of truck crash victims and truck crash survivors.  There is no charge, and the conference is open to all survivors, advocates, and legal/medical/other related professionals interested in truck safety.   This is an opportunity to join with others  for a weekend of sharing, remembrance, and workshops.  On Monday and Tuesday the participants will bring their messages for improved truck safety policies and laws to Capitol Hill and the Department of Transportation during meetings which will be pre-arranged for those with something to say about truck safety and attended by a Truck Safety Coalition staff member.

If you are interested in attending,or have any questions call the truck safety organization at 888.353.4572 or 703.294.6404.  You can also send an email to info@trucksafety.org.  More information will be posted at www.trucksafety.org in the near future.

You may also contact Burton A. Padove a truck safety member for more information on this conference, truck safety issues and for truck and tractor trailer accident representation.  Attorney Burton Padove accepts trucking negligence cases for seriously injured victims on a no recovery-no fee basis. Truck/car collisions result in wrongful death, brain injuries, paralysis, fractured bones, internal damage, pain, suffering , disability, disfigurement and lost income every day, not only on the interstates, but in towns and on highways and roads everywhere.

If you, your family or a friend have suffered damages, incurred medical expenses from an accident involving an 18 wheeler or any other size truck and need assistance in asserting your rights for justice and compensation, contact truck safety and accident lawfirm PADOVE LAW, toll free at (877) 446 5294 for a free consultation.    For more information  visit www.padovelaw.com or www.indianapersonalinjurylawyer.net.

If you are one of estimated 3.3 million who plan to file for social security disability this year, you may wish to read this article. While, you may appeal a denial decision up to five times before you receive a final rejection f or your claim with SSI, you want to consult with a social security disability lawyer to learn how you can prevent delayed payments, denial, incomplete application or re-application information.

Since roughly 80% of Social Security Disability Claims are denied the first time around, it’s important to do your homework before filing your claim. The following information cannot provide adequate information for you to make well-educated decision about your security disability claim. Yet, it may encourage you to seek out assistance when completing your documentation. Check out the top five things you’ll want to know about social security disability benefits.

• Errors or missing information can back log your claim for 4-6 months. Work history and payroll tax payments must be verified to qualify for social security disability.

• Approximately 85,000 U.S. citizens are injured daily and may be entitled to Social Security Disability benefits since SSI does not require that the disability be job related.
• SSDI is a US Federal program funded by payroll taxes.
• Eligibility for benefits begins wit the criteria that the injured party has not been able to work for 12 months.
• At 65 years of age, SSDI converts to socials security benefits.
• Nearly 13 million receive social security disability benefits annually.

• If you have a partial disability or short-term disability, you will not be eligible for social security disability benefits.

If you need a lawyer, contact Burton Padove at 219-836-2200.

Asbestos has been used for decades by many individuals in select industries, including: construction workers, cement workers, plumbers, pipe fitters, insulators, furnace workers, roofers, power plant workers, oil refinery workers, miners, processing plant workers, manufacturing plant workers, railroad workers, shipyard and submarine veterans of war.  Workers were not aware that asbestos exposure put them and their families at risk for contracting mesothelioma, a deadly cancer, until the risk turned into a reality for thousands.

Mesothelioma is suspected to develop in 3,000 people annually after it is undetectable for up to 50 years after contact with asbestos and cancer. Initial symptoms may include: weight loss, fever, night sweats, cough, breathing difficulty, chest pain, and ultimately swelling of the abdomen, bowel obstruction, blood clotting abnormalities, anemia, and a lowered red blood cell count. Mesothelioma can affect the abdominal, lung and/or heart linings. Many die within a year following diagnosis.

Recently, twenty six defendants settled a mesothelioma case for an undisclosed amount. However, a settlement offer by Union Carbide was rejected by the plaintiff. Instead, the plaintiff and associated family members went to trial against Union Carbide.

The primary plaintiff a man who was son of a construction and maintenance worker at Louisville Gas & Electric, located near powerhouses and associated with Union Carbide. His father also hung drywall containing asbestos fibers. The man claimed that he contracted cancer from his father by bringing asbestos dust home on his clothes. He also stated that he slept in the room where the laundry was held as a child, played in the dirty laundry piles and sometimes accompanied his father at work.  Consequently, the reason for his mesothelioma cancer.  The only known cause for mesothelioma is asbestos.

The results of the trial prevailed for Union Carbide since jurors unable to definitely conclude that Union Carbide should be responsible for plaintiff financial compensation based on legal premises. Typically, mesothelioma victims settle out of court to ensure that they receive compensation.

Mesothelioma Lawsuits

On a positive note, the law allows for mesothelioma cases to be fast tracked in court since the cancer is not usually detected until mid late stage when death is eminent. There are only a select number of personal injury attorneys who handle mesothelioma lawsuits.

If you or a loved one has cancer due to asbestos, contact Burton Padove for a free consultation at 219-836-2200.

Recently, President Obama demanded a $20 million fund be set up to provide oil spill relief. BP met this demand and the fund will be administered by Kenneth Feinberg who oversaw the fund for the victims of the September 11, 2001 terrorist attacks. While this amount is not a small drop in the bucket, the $20 million may not cover the costs associated with the oil spill clean up or the suffering of families who maintained their livelihood because of the appeal of the Gulf Waters. For this reason, the $20 million is not a capped amount.

Kevin Costner has also stepped up to the plate with 2.5 ton centrifugal technology that he purchased from the Department of Energy and improved upon over the course of fifteen years. This technology was designed as a “first response” mechanism for separating oil from water. The technology is currently being improved upon to meet Gulf oil spill needs since the oil has been in the water for quite some time which makes it hardened in a much thicker form of consistency. Kevin Costner spent $25 million on this technology and $1 million has been spent on improvements and testing. BP has submitted a letter of intent to purchase 32 machines at a cost of approximately $500,000 each. Kevin Costner plans to donate 80% of his proceeds to those suffering in the marshlands and fisheries.

There have been 110 million gallons or more of oil that has filled the Gulf and surrounding waters  since the April 20, 2010 oil rig explosion. Despite BP’s efforts to remedy the situation using an apparatus to block the oil from seeping and burning the oil on the waters, the situation is far from resolved. In the meantime, Kevin Costner’s centrifugal technology is being reviewed by regulatory authorities before it can be used in the Gulf waters.

If you or a loved one has been affected because of the oil spill, contact Burton Padove, Indiana lawyer, for a free consultation at (219) 836 2200.

Ten tire companies have been subject to a recall for numerous types of tires that they sell. The primary reason for the recall across all companies was that the tire failed to comply with federal safety requirements. Defective tires pose a serious risk of a car accident which may result in injury for the driver, passengers and other people affected by the crash.

Tires Recall Models

Since there are several tire models that are affected by the recall, it is important to check the manufacturer’s website to see if your tires are a part of the recall. It is important to note that recalls do not necessarily occur when the product first appears on the market. Recalls may take place in any time period after the product has reached the market.  Certain tires supplied by the following companies are a part of the June 2010 recall.

• Avon Tires
• Nitto Tires
• Bridgestone Tires
• Nokian Tires
• Del-Nat Tires
• ACCC, American Car Care Centers
• Petboys Tires
• TBC Tires
• Hercules Tires
• Cooper Tires

It is also important to note that tires which sit on store shelves for a long period of time may lose adhesion when on the road. So, it is wise to find out how long your tire company has had their tires on their shelves before you purchase any.  Tire defects have been known to cause serious car accidents. If you are in a car accident because of a tire blow out, keep your tire and contact a lawyer. Car accident lawyers know experts who can evaluate your tire to identify if a defect was responsible for your accident.

If you have been injured in a car accident, contact Burton Padove for a free consultation  at 219-836-2200.

Kuuma Stow and Go barbecue grills were reported to cause three fires and minor burns on the hands of victims that were using the barbecue grill. The reported injuries prompted the recall of nearly 5000 grills in the U.S. market. Eastwind Industries, Inc., the manufacturer, cited that propane tanks in Model number 83726 may leak fuel if the fuel container is not fully threaded onto the regulator during installation. This grill recall is only one example of the many product recalls that take place every year.

Manufacturers are responsible to design products in a way that safeguards against risks such as a fire hazard. If the manufacturer is unable to guard against a risk in the development of the product, the manufacturer must display a warning about the risk associated with the product on the product label.  Each year, hundreds of products are recalled because the risk associated with the product is not identified until the product hits the mainstream market and injuries occur. Then, the recall is announced. In some cases thereafter, the product manufacturer redesigns the product to meet safety requirements or adds a warning to the product label. In some cases, the recalled product is banned from the U.S. market.

Eastwind conducted the recall in cooperation with the U.S. Consumer Product Safety Commission. The Kuuma Stow and Go Grills, made in Thailand, were sold in U.S. nationwide stores from January through August 2009. Eastwind has made available new instructions for the installation of the barbecue grill parts and will provide a new tool to use when cleaning the fuel system.  This remedy is considered acceptable at this time, according to Consumer Product Safety Standards.

If you or a loved one has been injured by a defective product, contact Burton Padove for a free consultation at  219-836-2200.