Category Archives: Health & Safety

Why Do Vehicle Recalls Take So Long?

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car-truck-accidentThe Lengthy Process behind Vehicle Recalls

When there are defects in the manufacturing process, automobiles may be recalled. Determining the need for a recall is a lengthy process, which is why many recalls take months or even years to begin.

When motorists believe there is a safety issue with the a vehicle, they often report their concerns to the National Highway Traffic Safety Commission. After a certain number of complaints have been filed, the agency may alert automakers there is a possibility a vehicle has a defect. From there, an investigation takes place to determine whether further action needs to be taken.

Many times, car manufacturers initiate a recall on their own; however, the National Highway Traffic Safety Commission may also force automakers to recall vehicles if they pose a serious safety risk. Consumers may also petition this agency to conduct their own investigation into defective vehicle components if they believe a manufacturer isn’t responding appropriately.

If an investigation shows that a potential problem exists, an engineering analysis is then performed to confirm this fact. During this stage of the process, a potential solution to the problem may also be sought. Once automakers are confident they understand the problem and have an appropriate remedy for it, a recall is then initiated.

Consumers can find out about recent recalls by visiting the official website of the National Highway Traffic Safety Commission,http://www.nhtsa.gov/. Those who have suffered an injury due to a defective vehicle may have a remedy available to them under the law and should immediately contact a lawyer.

Up to 200 People Possibly Exposed to Salmonella by Eating at the Firefly

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FireflyAs residents in the Las Vegas area, it is often a nice break from their routine to go out to dinner with friends and family.  What happens when the restaurant does not take the proper steps to ensure the health and well-being of their patrons?  This unfortunate event transpired at the popular Firefly Restaurant on Paradise Road between April 21-26, 2013.  The peak dates when the most people were affected by salmonella poisoning seems to be April 22-23, 2013.  The inspection by Nevada Health officials revealed this outbreak very likely could have been the result of food being stored at improper temperatures and employees handling food without gloves.  The report for the outbreak can be found here:  SNHD May 10 Report (B0175457)

Many victims have gone to the hospital and sought treatment for salmonella bacteria infection they contracted as a result of eating at Firefly Restaurant.  These individuals may not even realize they contracted the bacteria from eating at Firefly.

Our consultation is free, Edward M. Bernstein and Associates have experience representing the victims of outbreaks of tainted food. We will help you fight to get the compensation you deserve. Serious illness demands serious action.

If you recently have been dealing with salmonella and visited Firefly Restaurant on Paradise Road, call the offices of Edward M Bernstein and Associates to see if you have a case.  It is even more critical to call if your sickness started between April 21-26, 2013.

Common Signs you may have had exposure to salmonella:

  • Diarrhea / Loose Stools
  • Vomiting
  • Confirmed Case from Lab Stool Test

Please call Edward M. Bernstein and Associates if you or someone you care about, are the victim of food poisoning after eating at Firefly Restaurant . You want Edward M Bernstein and Associates on your side.  Give us a call today!

Tanning Equipment Leads to Injuries

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Tanning-BedEquipment Malfunctions Blamed for many Tanning Injuries
When it’s not possible to tan naturally, a tanning booth can be an excellent alternative. While consumers expect to be exposed to radiation, they nonetheless expect doing so to be safe. That may not be the case whenever equipment is defective or improperly maintained.

Tanning beds are intended to put out a certain amount of heat; however, when they are not calibrated properly, they could reach extreme temperatures. This could cause burns to the skin, even when they are only used for a short period of time. A customer’s eyes could also sustain burns or retina damage if the protective goggles worn during a tanning session are defective.

Stand-up booths are sometimes equipped with an exhaust fan which can also malfunction and cause injury. Individuals could get their fingers or hair caught in the exhaust fan if it is not properly located or maintained. When exhaust fans do not cycle on and off properly, this could also result in users suffering from a heat stroke.

Tanning beds should be cleaned thoroughly after each use, as they can harbor bacteria from sweat. When they’re not cleaned properly, guests can become ill or may develop disease as a result of unsanitary practices.

The first step to take after a tanning bed injury is to seek medical attention. After doing so, it could become necessary to talk with a personal injury lawyer about the possibility of recovering for your injuries.

Is the Mirena IUD Safe?

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Mirena IUD issues

The Dangers of Mirena IUDs – Could you be at Risk?

The Mirena IUD is a device that has been implanted in thousands of women as a form of birth control. This device is manufactured by Bayer Pharmaceuticals, and works by emitting a hormone that helps prevent pregnancy. The IUD was designed to last for up to five years without needing to be replaced. It has recently come under attack for causing a number of complications that could sometimes result in permanent injuries.

The problem with the Mirena IUD is that it sometimes migrates through the uterine wall and then enters other parts of a woman’s body. When this occurs, there could be severe complications that may include:

  • Perforation of the Uterus or Cervix
  • Device migration resulting in Laparoscopic surgery
  • Ectopic or intrauterine pregnancies
  • Pelvic inflammatory disease

In addition to these complications, IUD devices that migrate could cause the perforation of other organs such as the spleen, liver or pancreas. Surgery is required to remove this device if it becomes dislodged. In some cases, the device could cause serious trauma to the uterus, thereby making it difficult for a woman to conceive even after it is removed.

FDA Warnings

There is some evidence that shows Bayer received warnings from the FDA about the possible complications involved with Mirena IUDs. This agency claimed that Bayer misstated the product’s effectiveness and failed to provide patients with information about the possible risks. Although there have been more than 45,000 reports of complications from users and numerous lawsuits have been filed, Bayer has yet to formally recall this birth control device.

Increased Risk

There is an increased risk of Mirena injuries among women who have an unusual-shaped anatomy or previous trauma to the uterus. When the device is placed shortly after childbirth, the odds are also greater than it will migrate or tear the uterus.

Women who have been implanted with the Mirena IUD may want to speak to their doctor about having it removed. Those who have suffered an injury after the insertion of this device may want to contact us to protect their rights.

Injured by a Forklift… Now What?

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Forklift Accidents-More Common than you Think

Thousands of people are injured in forklift accidents each year. Although forklift accidents are typically occur in warehouses, they can also happen at home improvement centers, nurseries or wholesale grocery distribution centers that are open to the public. This means that workers who move and handle these goods and members of the general public can be injured in forklift accidents.

A number of environmental factors can contribute to forklift accidents. An area that is too dark or noisy, may be distracting for operators. Whenever possible, aisles should be blocked off to pedestrian traffic with the use of safety cones or warning tape. It can also be helpful if the forklift is equipped with flashing lights to alert shoppers to its presence, as well as a backup alarm that warns people that the truck is moving backwards.

In some cases, drivers are simply operating their equipment too fast for conditions. This is often because employees face pressure from management to unload trucks quickly or deliver goods from one area to another within a certain timeframe. Working under such rigid time constraints is stressful, and can cause forklift drivers to lose their focus, thereby resulting in an accident.

Forklift accidents can result in severe injuries or even death. If you or someone you know has been injured by a forklift, a personal injury attorney can analyze the facts in order to see if there might be a remedy available under the law.

Airport Injury Accidents in Las Vegas

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Getting help for Airport Accidents – Call Ed!

People from all over the world travel through Las Vegas International Airport each year. The majority of these passengers do so without incident; however, there are some travelers that suffer from airport accidents. Although these accidents may be unrelated to airplane crashes, they can nonetheless result in debilitating injuries.

Accidents can occur whenever equipment such as escalators, moving sidewalks, and baggage carousels are not operating properly. Travelers might slip and fall on floors that are wet or in ill repair. They might also fall whenever they are boarding or departing aircraft if the exit stairs are not put into position properly.

Being involved in an airport accident can really put a damper on one’s trip to Las Vegas. To make matters worse, the accident is often bogged down in a sea of red tape as multiple agencies are normally responsible for investigating the matter. In the process, it is easy for airline carriers and airport officials to shift the blame back and forth in an effort to keep from paying damages.

Private citizens are often put off by all the paperwork involved in settling a dispute with airport officials. That’s where a personal injury attorney can help, because legal professionals can be the liaison you need to interact airport executives.

Can We Learn From the Tragedy of Others? — Child Car Seats

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Do not use this style of seat for a child under 40 pounds

In the news recently was the tragedy that affected a local family.  A child was riding in her father’s vehicle at the intersection of Eastern Ave and Pebble Rd.  Her father was critically injured in the accident.  We are not yet certain of all the details of this particular accident, but we do know the child was in a booster seat and not in a car seat with a built in harness.

One of the unfortunate problems in accidents like this, is there are people who are using safety equipment they falsely believe will help them in the time of greatest need.  The consequences of using the wrong equipment can be life or death.   Authorities acknowledge in this particular case, it may not have changed the outcome, but for many families it would, so knowledge is the key.

In the midst of tragedy, what can we do? 

Obviously, keeping this family in your thoughts and prayers is a good place to start.  However, if you have children, it may be an opportunity to evaluate your own car seat situation and see if improvements can be made for the safety of your child.

Experts on car seat safety say a child who is under 40 pounds should never be placed in a booster seat as the safest option.  For small children, a better option is using a car seat with built in harnesses.  Most consumers are not taught the difference between what is legal and what is safe; so they make an invalid assumption that if a seat is legal it must be a safe option for a child.  There is little room for error when it comes to a collision, so having the best safety option is paramount to secure your child’s well being.

If you need an in-depth set of guidelines to help keep your family safe in an accident, the American Society of Pediatrics has web page giving their recommendations that can be found here.

As always, if you have been in an accident or injured, please call the office of Ed Bernstein to discuss the details of your case. 

Big Rig Accidents – What Every Trucker Should Know

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Although trucking companies may try to ensure driver safety, trucking accidents are nonetheless commonplace in and around Las Vegas. Commercial Driving while fatigued or under the influence of alcohol or drugs often results in collisions with passenger automobiles, thereby causing devastating injuries or even death. The investigations into such accidents are often complex because there are unique rules that govern trucker safety while on the road.

Accidents between truck drivers and other motorists do not always result solely from negligence on the part of the trucker. Automobile operators sometimes follow too closely or pull out in front of a trucker, thereby resulting in an accident. Even though a trucker is not solely at fault, an investigation must nonetheless take place and could result in a temporary suspension of that individual’s commercial driver’s license.

Truck drivers also stand to lose a great deal financially if accident victims are awarded a cash settlement to compensate for their injuries.

Talking with a personal injury attorney is one way to find out what legal rights injured drivers may have against commercial drivers in trucking accident cases in the Las Vegas area.

Las Vegas Hotel Injuries

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What to Know if you are Injured at a Hotel or Casino

Las Vegas casinos see hundreds of visitors each day. Amid all the bustle of activity that takes place in a hotel or casino, management can sometimes fail to make sure the premises are safe. This can result in the potential for accidents, especially when there is dim lighting combined with high energy and excitement.

Those in the hospitality industry have an obligation to keep patrons safe. The relationship between an innkeeper and guest has long been recognized by the courts as being one in which a hotel owner has a duty of care to his or her guest. This means that the owner of the establishment must take every reasonable precaution possible to ensure guest safety during their stay.

Should an accident occur, a number of factors can be used to determine whether a hotel or casino owner was negligent. One of the determining factors is usually whether the owner knew or should have known about dangerous conditions. It can also depend on the measures they tried to take to rectify the situation.

If you’re injured in a casino or hotel accident, you should seek care as soon as possible. After obtaining medical treatment, your next course of action should be to contact a Las Vegas personal injury attorney for an assessment of your potential claim.

No Dram Shop Laws and Why You Should Care

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Lack of Dram Shop Laws can Spell Disaster for Accident Victims

Throughout much of the country, dram shop laws have been enacted to protect those who are injured by a drunk driver. Individuals can normally recover damages from establishments such as bars and restaurants if it can be shown that a bartender knowingly served too much alcohol to a patron. This is not the case in Nevada, as this state has failed to enact dram shop laws that provide this protection. As such, those who are injured as a result of a drunk driver have fewer resources to rely on for compensation.

The lack of dram shop laws in Nevada primarily stem from the fact that this state relies heavily on the gaming and tourism industry. By protecting these entities, legislators here feel they are helping to keep the local economy stable, particularly in Las Vegas. Even so, the lack of protection means that ordinary citizens might be at greater risk of injury than in other tourist hotspots across the nation.

Those who have been injured in a drinking and driving accident in and around Las Vegas should contact a personal injury attorney for more advice.