Clark, Perdue & List's Blog

Headline: Use Common Sense When Shoveling Snow

2008-03-09T08:19:00.000-07:00

Ohio's "Blizzard of 2008" dropped a record setting 20.4 inches of snow on central Ohio. That's a lot of snow in a lot of driveways that has to be removed before people can get to grocery, church, school and work.

That much snow, and the need to remove it form driveways and sidewalks, is a reminder that shoveling snow poses significant health risks.

The most obvious and well-known risk associated with shoveling snow is heart attack. According to CBS news correspondent Dr. Emily Senay, those most at risk for heart attack include:

Anyone who has already had a heart attack,
Individuals with a history of heart disease,
Those with high blood pressure or high cholesterol levels,
Smokers, and
Individuals leading a sedentary lifestyle.

Dr. Warren Yamarick, medical director at Riverside Methodist Hospital in Columbus says that many people don't realize that they are at risk for heart disease, and that shoveling snow can trigger a heart attack in even the most unsuspecting person.

Even if you exercise regularly and believe that you are in good physical condition, shoveling snow strain muscles not regularly used in your sporting activities or workout regime. Most at risk are the muscles in your back, and strains to these muscles can leave one temporarily incapacitated.
Dr. Senay offers several practical tips for safer shoveling:

If you are inactive and have a history of heart trouble, talk to your doctor before you take on the task of shoveling snow.
Avoid caffeine or nicotine before beginning. These are stimulants, which may increase your heart rate and cause your blood vessels to constrict. This places extra stress on the heart.
Drink plenty of water. Dehydration is just as big an issue in cold winter months as it is in the summer.
Dress in several layers so you can remove a layer as needed.
Warm up your muscles before shoveling, by walking for a few minutes or marching in place. Stretch the muscles in your arms and legs, because warm muscles will work more efficiently and be less likely to be injured.
Pick the right shovel for you. A smaller blade will require you to lift less snow, putting less strain on your body.
Lift with your legs not your back. Bend your knees and keep your back as straight as possible so that the lifting comes from your leg muscles, not your back. Never bend at the waist. Step in the direction that you are throwing snow. This will help prevent the lower back from twisting and will help alleviate any back soreness that you might typically experience the day after a hard shoveling job.
Create some distance between the hands. This will give you more leverage and make it easier to lift snow.
Pick-up smaller loads of snow. It's best to shovel by sections. If you are experiencing snowfall levels of 12-inches or higher, take it easy and shovel 2-inches off at a time.
Do push. Don't lift. Save your back and your energy by simply pushing the snow to the side instead of lifting the snow and throwing it off to the side.
Listen to your body. Stop if you feel pain or observe heart attack warning signs. These may include chest pain as well as shoulder, neck or arm pain; dizziness, fainting, sweating or nausea; or shortness of breath. If you think you're having a heart attack, seek medical help immediately.

Cell Phones and the Do Not Call Registry

2008-02-10T13:29:00.000-08:00

If you've received an e-mail warning that cell phone numbers will soon be released to telemarketers and that you should hurry and add your number to the federal government's Do Not Call Registry, ignore it. It is totally false, say government officials.

The Federal Trade Commission (FTC) reports that it is already illegal for most telemarketers to call mobile phones. They are prohibited from using automated dialing to reach cell phones, pagers or any other such service where the recipient has to pay for the call. Automated dialing is what most telemarketers use.

Although the rumor has previously surfaced, the FTC has seen a recent increase in inquiries about it and has urged recipients to stop forwarding the e-mail. It is unsure as to what is driving the e-mail, although it stated on its website earlier this year that the rumor might be the result of discussions by leading telecommunication companies concerning creating a wireless 411 information directory. But even if this were implemented, the FTC states, consumers would still have a choice as to whether to be included in the directory, and it would not be released to telemarketers.

Consumers can certainly add their cell phone numbers to the Do Not Call list, but it isn't necessary. It is against the law for telemarketers to call phone numbers on the registry, except for charitable and political organizations and companies conducting surveys. However, the FTC does purge numbers from the registry after five years, requiring consumers to reregister. Federal legislation is pending, though, which would make the registry permanent. You can check online to see when your registration will expire, or register new numbers at http://www.donotcall.gov/. New numbers can also be added by calling 1-888-382-1222.

Bicycle Safety Tips--Ride as Though You are Invisible

2007-12-02T18:54:00.000-08:00

According to a recent study by the Mid-Ohio Regional Planning Commission, 105 bicycle-motor vehicle crashes have occurred on the seven-mile stretch of High Street from Downtown to Morse Road since 200. The Ohio Department of Public Safety similarly reports that there have been between 200-270 bike crashes each year for the period 2002-2006. More than 1500 crashes have occurred in Franklin and Delaware counties from 2000-2004, and there have been five fatalities since 2000.

A national firm has been engaged by the city to address this problem and is expected to have a final bikeways plan next year that will include recommendations on making Columbus more bike friendly. Many believe that it is a question of room for the cyclist and that a combination of wider streets or bike lanes would greatly help cyclists and motorists to coexist.

But it is also a matter of educating both riders and drivers to be more aware experts say. Data shows that 29% of crashes are caused by cyclists who improperly cross streets or fail to yield to a car, while 14% are due to drivers failing to yield to cyclists. Not surprisingly, 33% of cyclists involved in crashes are younger than 16. It is they, of course, who are far more likely to be seen riding while using their iPods, MP3 players and headphones, all of which are obvious potential sources of distraction for a cyclist.

The point is that most bicycle crashes can be avoided by increased rider attention. Bicycle riders need to pay closer attention not only to what they are doing, but also to what motor vehicle operators are doing. Bicycles and motorcycles are frequently "invisible" to other motorists; so riders have to engage in a high degree of defensive riding. Riders should assume that they are "invisible" to motorists, and plan their defensive riding strategies accordingly. This cannot be accomplished with the distraction of any electronic devices.

Dog Bite Injuries are Good Claims in Ohio

2007-11-21T07:00:00.000-08:00

In Ohio, dog bite victims have rights! With only one exception, Ohio law imposes "strict liability" upon the owners or keepers of dogs that cause harm. Strict liability is a legal term that means the victim does not have to prove that the dog owner was negligent. The statute can be found at Ohio Revised Code Section 955.28. It provides that an owner, or keeper of a dog will be liable for any injury, death or loss to a person or property caused by such dog, unless the victim was either committing or attempting to commit a trespass or other crime, or was teasing, tormenting or abusing such dog on the property of its owner.

When two or more persons own or harbor a dog, all are jointly liable for the damages it causes. Thus, Ohio courts long ago confirmed that one who harbors, but does not actually own the dog, may nevertheless be held jointly liable along with the owner. Sawrey v. Grant, 31 Ohio App. 14 (1928); Rosenblatt v. Bosse, 50 Ohio App. 449 (1934).

While "punitive damages" are not available under the statute, they may be recovered under a common law negligence claim. To recover punitive damages, one must show that the owner of a dog knew of its vicious nature, but kept it anyway, notwithstanding such knowledge. In the majority of cases where punitive damages have been awarded, the evidence indicated that even though the owner had been aware that the dog had previously bitten others, no steps had been taken to restrain the animal. This is sometimes referred to as the "one bite" rule. As a practical matter, it is difficult to recover punitive damages if the dog has never bitten anyone before. But after one bite, the owner is presumed to have knowledge of the dog's vicious nature.

Dog bites are typically covered under the dog owner's homeowners insurance policy. So, dog bite victims generally have good claims in Ohio. Strict liability makes proving the claim fairly simple, and compensation can generally be recovered from the dog owner's homeowners insurance.

Lottery Scams

2007-11-04T10:06:00.000-08:00

In 2006, the Better Business Bureau (http://www.bbb.org) reports that it received nearly 8,200 consumer inquiries concerning foreign lottery scams, a 14% increase from the previous year. In many instances, the lottery notification is accompanied by a check or money order and instructions directing the recipient to deposit the money and to wire transfer all or part of it back to the company for the payment of fees or taxes before the individual can receive the winnings.

Recognizing that even in cases where no money is requested, providing an ID or bank account details to unknowns places a consumer at great risk for identity theft and fraudulent use of bank accounts, the BBB offers the following tips to help identify a lottery scam:

If you receive notice of winnings by regular or e-mail, chances are that it is fraudulent, since legitimate lottery companies usually send notices by certified mail, Federal Express, UPS or DHL. If you have played the lottery online, however, you may be notified by e-mail. But, you still need to log into your account to check your winnings and to choose whether you want to be paid by check, or by a credit to your credit card.
Look to see whether the notice appears to come from another country. Some of the fraudulent outfits operate under names often derived from well-known lotteries in other countries. Contact the BBB if you receive notice that you are a winner of a foreign lottery. It is illegal in this country to participate in a foreign lottery by U.S. mail.
If you are sent a check or money order along with the notification, make certain that it is not counterfeit. Look to see whether the lottery promoter's name and address is the same on the check, as it is on the envelope. If the company name is different on the check, the bank name may well be fraudulent and the account, stolen. You will be help responsible if you deposit such a check and then attempt to spend or send the money to someone else.
Other fraudulent practices include directions to call a number to claim your winnings, followed by a request to either send money, or for personal identification information. Legitimate lottery or sweepstakes companies will not ask for money or for personal identification information as a prerequisite to receiving winnings.
Be suspicious of promoters claiming to be bankers, gaming officials, claims agents, tax collectors, attorneys, or a high ranking government official. Scam artists are apt to use titles to convince you of their legitimacy.
If in doubt, contact the BBB to investigate.

Cell Phones and Driving

2007-10-28T18:15:00.000-07:00

The growing number of reports of traffic fatalities caused by drivers who were text messaging while at the wheel has led several cities and states to consider or pass laws prohibiting such activity. Governor Arnold Schwarzeneger recently banned drivers younger than 18 years of age from using mobile devices. In Phoenix, the city council just proposed legislation outlawing text messaging while driving. Here in Ohio, Cleveland democratic Rep. Michael DeBose has gone on the record to state that "No right-thinking person . . . should be opposed to limiting the texting ability of teenagers while driving."

Although no state currently forbids all cell phone usage while driving, several have passed laws drastically limiting it. According to the American Automobile Association, it is now illegal to use hand-held phones when driving in five states and the District of Columbia. The Insurance Institute for Highway Safety reports that as many as 20 states are considering legislation that would toughen cell phone driving restrictions. Not surprisingly, the laws of eight of those states are directed at teen drivers. The Institute expects that number to grow, as studies confirm that enforcing traffic safety laws does have an effect on driver behavior.

While the Ohio State Highway Patrol has said that it cannot quantify just how many accidents are caused by the use of cell phones, studies show that they undoubtedly distract drivers. One study published in the British Medical Journal concluded that crashes causing injury are four times more likely to occur to drivers who use cell phones. According to that same study, hands-free devices do not act to reduce that number.

In another study conducted by AAA and Seventeen Magazine, nearly half of the teens who admitted to having engaged in risky driving practices said that they had talked or typed while driving.

Even proponents concede that such laws are difficult to enforce. But Michael Gareau Jr., a North Olmsted city councilman believes his city's ban on hand-held devices has, at minimum, raised the awareness of the dangers of cell phone use while driving. And, it is a well known fact that acknowledging dangerous behavior is the first step to modifying it.

Teen Driving Risks--and Tips

2007-10-19T11:13:00.000-07:00

Did you know that vehicular accidents are the leading cause of death for 16-20 year olds? A teen driving website for parents and future drivers, www.DriveHomeSafe.com, reports that 14% of drivers killed in auto accidents are teens. Of that number, 45% had a youth passenger in the car.

These sobering statistics no doubt played a part in the enactment of legislation that became effective April 6, 2007. It is now illegal in Ohio for drivers who are younger than 18 to have in their car more than one passenger who is not a family member.

Why? Statistics show that a teen driver's risk for accidents is doubled by the presence of one passenger. The risk triples with two passengers and increases by six with three or more passengers.

Of course numerous other factors contribute to teen injuries and deaths from auto accidents. Those include:

Thee sheer lack of driving skill and experience;
Immature practices such as tailgating and not utilizing safety belts;
The tendency for young drivers to drive smaller vehicles that provide less protection in front-end crashes than do mid-sized and larger cars;
The fact that teens are more likely than older drivers to cause an accident and to be involved in a single car crash;
Teen lifestyle, such as staying up late, which compromises the ability to stay alert; and, of course,
The rampant use of cell phones and other text messaging devices.

While the law does not address all of these concerns, the Ohio Department of Public Safety reports that in other states that have enacted similar laws, accidents involving teen drivers have dropped by 23%. That's a significant number and a comforting thought at a time when it is projected that by the year 2010, the number of drivers between the ages of 16-20 will have grown by 23%.

For more driving tips, information, resources and other links for parents and teens, go to www.teendriving.com.

Junk Mail--Tips for Avoiding Unwanted Mail

2007-10-14T16:18:00.000-07:00

You probably do not realize how many times you have actually invited junk mail into your mailbox. Every time you subscribe to a magazine, make a catalog purchase, use a supermarket loyalty card, donate money to a charity or even fill out a product registration form, odds are that your name, contact information and the type of product or you chose is entered into a data base. These databases are used by a businesses that to solicit further business from you, or their mailing lists are rented to other companies that will do the same. This data is the source of the seemly endless junk mail that we receive in our mail boxes on a daily basis--a form of direct marketing that can be almost as irritating as the unsolicited call from a telemarketer.

According to the Privacy Rights Clearinghouse website, http://www.privacyrights.org/, there are ways to substantially reduce the amount of junk mail that you receive. The following are examples of some of the steps you can take, but for detailed information on how and whom to contact, consult the website.
To remove your name from as many national mailing lists as possible, register with the Direct Marketing Association's (DMA) Mail Preference Service every five years to have your named placed on the "do not mail" list. Mail-in forms can be obtained from the site, or you can sign up online at www.dmaconsumers.org/cgi/offmailinglist.
Look for the name and address of the company distributing flyers and post cards near your mailing address, or for the company's phone number on the edge of the flyer and request that you be removed from its mailing list. The names and addresses of the major "resident" and "occupant" mailers can be found on the website.
Any mail order transaction is likely to be reported to the Abacus Alliance, the majority of whose members are catalogue and publishing companies that share information about their respective customers. You can opt out of the Abacus database by emailing optout@abacus-us.com. You will have to contact those companies that are not members of DMA or Abacus directly, and be sure to advise magazine companies at the time you subscribe that you do not want your information sold to other companies.
While credit bureaus do not disclose a person's financial information to marketers, they do rent lists. The Fair Credit Reporting Act requires that they delete from mailing lists the name and address of any consumer that requests it. The names and contact information of the major credit bureaus can also be found on the website.
Since telephone books and reverse directories are other sources of information for direct marketers, consider obtaining an unlisted number, or request that only your name and phone number be printed. You can also ask that the phone company remove you from the reverse street-address directories.
"Change of Address" cards are provided to mailers who have your name and former address, including the major marketing and financial companies. In lieu of registering your change of address with the postal service, consider contacting your correspondents individually.
Beware of participating in sweepstakes and contests that do not give you an opportunity to opt out of mailing lists. The Deceptive Mail Prevention and Enforcement Act requires that the mailer provide its name, address or toll-free number on the solicitation form so that the recipient or care giver can request to be removed from its mailing list.
Product registration cards that ask a variety of questions about your hobbies, income and the make-up of your household are usually not mailed to the company that manufactured the product, but rather to business that compile and sell the buyer profile information to other companies. If you decide to send the card, keep your receipt for warranty purposes and include only the minimum amount of information such as your name, address, date of purchase and the product's serial number.
The scanning of supermarket loyalty cards can link your purchases to your name. This information is then used by the store to send you coupons and special offers, or to sell to other marketers. You may want to think about not participating in the market's loyalty program. For further information about loyalty cards, consult http://www.nocards.org/.
Request the major companies that compile consumer profiles from public records, telephone books, product registration cards and the like to remove you from their mailing lists. Their names and contact information can also be found at http://www.privacyrights.org/.

Backpack Injuries Significant Problem for Children

2007-10-10T17:41:00.000-07:00

You may not know that last month this country observed National Backpack Awareness Day. Why? Because backpacks--that is heavy backpacks--are the surprising cause of numerous injuries.

According to the American Occupational Therapy Association, of the 40 million U.S. students that use backpacks, 3 out of 10 carry one that weighs 33% of the student's weight at least once a week. The recommended maximum is only 15% of the person's weight.

Six out of 10 students ranging in ages 9-20 have reported chronic back pain from carrying heavy backpacks. In 2001, in excess of 7,000 emergency room visits resulted from carrying backpacks or book bags, with more than half of that number involving treatment to children ages 5 to 14.

But a study has shown that nearly 8 of 10 middle school children who changed how they loaded and wore their backpacks noticed decreased pain in their backs, necks and shoulders. That's part of the message that 24 occupational-therapy OSU graduate students wanted to impart to the students of the Hastings Middle School in Upper Arlington when they visited there recently. The OSU students performed skits and weighed the Hastings students and their backpacks. In addition, they gave them the following advice:

Heavier items should be placed in the back of the pack, closest to the body;
Limit your packing of items to what is necessary for the day;
Load books and other items in such a manner as to minimize their sliding around;
Lighten a backpack that is too heavy by carrying some of the items by hand;
Always use both shoulder straps, which should be well-padded and adjusted so that the pack fits snugly against your back;
If the pack has a waist belt, use it to better distribute its weight; and
Consider using a pack with wheels, if you find that it consistently weighs more than the maximum 15% of your weight.

Dale Perdue & Son Lead Ohio Heart Walk Again

2007-09-30T15:19:00.000-07:00

Press Release--American Heart Association

The American Heart Association recently announced its top individual fundraisers nationwide for the Heart Walk. Local attorney Dale Perdue and son Justin ranked in the top 50, raising more than $20,000 for the Central Ohio Heart Walk this year. Locally, Dale and Justin are the top fundraiser for Columbus and the State of Ohio.

"Thanks to our walkers, donors, volunteers and sponsors, we've raised more than $700,000 for the American Heart Association," said Holly Snyder, president of Nationwide Better Health and 2007 Heart Walk Chair. "I'm honored to see individuals in our community such as Dale come together and give tremendous support, as it's such a strong testament to what the Heart Walk represents. Together, we can make better lifestyle choices to keep ourselves healthy and take a stand against cardiovascular disease and stroke."

Perdue is the founding partner at Clark, Perdue, Arnold & Scott Co, LPA, where he used his relationships with vendors, colleagues, business contacts and friends to raise money for the Heart Walk. Overall, the law firm has raised over $150,000 since beginning their participation in the Heart Walk.

Perdue and his son set an example of what can be achieved with the efforts of just two people giving back to the community. "I'm often asked why our company is involved with the Heart Walk," says Perdue. "The principal reason is that it embraces our mission of helping people and serving the community. Furthermore, a project like this promotes teambuilding, camaraderie and morale. The fun we have at the Heart Walk and the good feeling that comes from serving a worthy cause is just a bonus."

The 2007 Central Ohio Heart Walk took place on August 18th at the Center of Science and Industry (COSI). Survivors of heart disease or stroke wore "Red Caps" during the walk to serve as a reminder why the American Heart Association is fighting back against these deadly diseases. Money raised from the walk goes to the American Heart Association which provides education and research for cardiovascular diseases, including stroke.

"Croc" Footwear Injuries--Safety Tips

2007-09-24T06:06:00.000-07:00

It might surprise you to know that those seemingly harmless soft-soled clogs so popular with children and teens are capable of causing serious injury. Known as "Crocs," the name of the most popular brand, the shoes are made of soft, synthetic resin. Their best-selling features, flexibility and grip, apparently make them more prone to being caught in the teeth at the bottom of an escalator, or in the crack between the steps and the side of an escalator.

That is exactly what happened recently to a four-year old boy riding a mall escalator in Northern Virginia. While his mother managed to pull him free, his big toe nail was almost completely ripped off!

Through an subsequent Internet search on "Crocs and elevators," his mother found numerous stories about similar incidents. Reports of such injuries are evidently surfacing not only across the U.S., but as far away as Singapore and Japan.

Crocs, Inc., the Colorado-based manufacturer, has stated that it knows of "very few" accidents involving its shoes. But the Japanese government recently warned consumers that it had received as many as 39 reports of Crocs or similar products getting stuck in escalators in August and early September alone!

The more serious clog-escalator injuries have all involved young children. Children may be more prone to such accidents, because they have a tendency not to stand still or watch where they place their feet while riding an escalator. Experts say that the best way to prevent shoe entrapment while riding an escalator is to face in the direction that the stairs are moving, with feet away from the sides, and to step over the teeth at the bottom. For an interactive educational program about escalator safety, go to the Foundation's website at http://www.eesf.org/.

U.S. Supreme Court Moves Further to the Right

2007-09-16T12:00:00.000-07:00

The Supreme Court's decisions as of late underscore a U.S. President's power to influence the laws of the land, long after leaving office. Justices John Roberts and Samuel Alito, both appointed by President Bush early in his second term, recently joined Justice Anthony Kennedy and their conservatives colleagues, Justices Antonin Scalia and Clarence Thomas, to form the Majority in three decisions that clearly evidence the Court's move to the right. In these 5-4 rulings, the Court loosened rules on political contributions by corporate and union interest groups, limited free speech, and prevented a legal challenge to a White House initiative that promotes the obtaining of government funds by religious charities.

In 2003, with Justice Sandra Day O'Connor in the Majority, the Court upheld the McCain-Feingold campaign-finance law that barred deep-pocketed interest groups from running ads that mentioned a candidate's name within a certain period of time from an election. But in the Court's most recent campaign-finance decision, Justice Alito, who replaced Justice O'Connor, concurred with Justice Roberts' observation that "Where the First Amendment is implicated, the tie goes to the speaker, not the censor."

Apparently taking an inconsistent position in his opinion in the "Bong Hits 4 Jesus" case, however, Justice Roberts supported the limiting of First Amendment rights by holding that schools could regulate student speech that advocates the use of illegal drugs. The case arose from the suspension from high school of an Alaskan student who had displayed the banner. While the Bush administration and school district had wanted a decision that would permit the regulation of any speech that officials found to be counter to the educational mission, Justice Stevens nevertheless noted in his Dissent that the Majority does serious violence to the First Amendment "in upholding - indeed lauding - a school's decision to punish Frederick for expressing a view with which it disagreed."

Justice Alito wrote for the Majority in the Court's third decision, which precluded taxpayers from challenging a White House program that assists religious charities in obtaining federal money. In this latter case, a lawsuit brought by a group of atheists and agnostics who objected to government conferences in which administration officials urged religious charities to apply for federal grants was blocked.
As the Court nears the end of its term, it has yet to decide what can perhaps be viewed as its most important issue of the year: whether public school districts can take race into account when assigning students to schools. Given these recent rulings which signal a definite conservative trend, many observers expect a similar split of opinion, with the Majority limiting the use of race.

Whiplash Injuries and Vehicle Head Restraints

2007-09-09T08:44:00.000-07:00

It may surprise you to know that a rear-end motor vehicle crash occurs very 17 seconds in this country. Yet few vehicles have the type of head restraint and seatback that could minimize or even prevent the head and neck injuries resulting from common crashes.

Because such accidents are seldom life-threatening, they are not the focus of safety advocates. But the Insurance Institute for Highway Safety (IIHS) reports that nearly 2 million whiplash ("whiplash" is the common term for a flexion-extension injury to the cervical spin--neck) claims are filed each year, 200,000 of which are reported to be severe enough to cause long-term medical problems. These problems include persistent pain and lack of mobility. These injuries--caused by the rapid snapping back of the head, which hyper-extends the neck and damages nerves and ligaments--can even occur at speeds as low as 10 mph.

The IIHS is the only organization that tests and rates front seats and head restraints for rear-end crash protection. Of the nearly 175 vehicles for which it provides data, only one-third have been rated "good" or "acceptable." Another third was given a "marginal" score, while the remaining third was rated "poor."

Head restraints on front seats of passenger vehicles have been mandated since 1969, but even when properly positioned, they do not always provide adequate protection. One problem is that a vehicle's seatbacks are often too stiff and cause the head and shoulders to rebound during a crash. Another is that not everyone's posture is the same. A head restraint that sits too close will interfere with a person's head position, while one that is too far from the person's head will lose its effectiveness.

Consumer Reports evaluates rear seat head restraints and has found that many seats use integral restraints that it characterizes as little more than bumps on the top of seatbacks. Of the vehicles that it has thus far tested in 2007, not many more than half were found to have restraints in the rear positions that were tall enough without adjustment. It considers a head restraint that cannot stay fixed at least 29.5 inches above the seat cushion as being ineffective in preventing whiplash.

And even when a car offers an adequate restraint, most people either do not know how, or simply do not take the time to properly position them. For maximum protection, the top of the restraint should reach at least as high as the top of the person's ears and be three or less inches away from the back of the individual's head. While adjustable restraints can be raised, lowered or tilted forward and backward, a 2002 survey conducted by Progressive Insurance found that 40% of the drivers did not adjust their head restraint when driving a newly-purchased car and that only 14% of them knew the optimal positioning.

Some vehicles now have "active" head restraints that automatically move up and forward during a rear-end crash. But in recent IIHS tests, only two-thirds of the 37 vehicles with active restraints received a "good" or "acceptable" score. Its president has commented that this underscores that it is not only the head restraint, but the seat design that determines what occurs during an accident. For adequate protection, the seat and head restraint combination should be designed so that a person's torso, neck and head move in the same plane during a crash.

So what does the future hold for rear-end crash protection? An upgrade to the federal government's head restraint rule becomes mandatory in 2009 for all cars built on or after September 1, 2008. It requires that front outboard head restraints reach a minimum height of 29.5 inches from an occupant's hip and be able to sit within 2.2 inches behind a person's head. While an improvement to the current law, Consumers Union does not believe that it goes far enough. For example, it notes that the law does not currently mandate rear seat head restraints.

However, all of us can still take measures to minimize the risk of injury in a rear-end accident by learning more about a vehicle's crash ratings. The IIHS' front seat head restraint ratings are available on its website, http://www.iihs.org/, while rear seat restraint evaluations can be found by consulting Consumer Reports' monthly test reports. Moreover, all of us can take the time to adjust the head restraints in our cars and make certain that we are seated upright and belted in when driving.

Leaving Children in Unventilated Car can be Fatal!

2007-09-04T10:00:00.000-07:00

The heat of the summer poses a danger to more than the elderly and infirm. We hear of pets dying after having been left in a hot, unventilated car, but did you know that as many as 36 children die every year in this country for that very reason? A decade ago, there was less than half that number of infant fatalities. But, ironically, the advent of auto safety restraint laws--requiring infants and small children to ride in the back seat--brought with it an increased risk of deadly adult inattention--walking off and leaving a child behind as a result of a distraction, or just plain forgetfulness.

In this day of car alarms sounding when keys have been left in the ignition or a safety belt has not been fastened, it is tragic that there is no regulation requiring audible alerts when a child is left unattended in an automobile. While some argue that the price for such technology would be exorbitant, the Kids and Cars organization (http://www.kidsandcars.org/) believes that the auto industry has the opportunity to eradicate this danger at a relatively low cost.

The Alliance for Automobile Manufacturers maintains that it is not cost, but rather feasibility of design that is the issue. It claims that safety is the industry's top priority and that it continuously seeks improvements in that regard. However, it contends, no one has developed a system that is immune to false alarms.

Still, it is encouraging to know that a few products that could prevent hyperthermia injuries have already been developed:

The Child Minder is a system that replaces an auto's harness clip with a clip that is synchronized to a key alarm. It activates when a child is buckled in and will cause an alarm to sound when the adult walks more than 10 feet away;
NASA is about to license the Child Presence Sensor. Its weight-sensitive pad will set off an alarm that sounds 10 warning beeps, if the driver moves too far from the vehicle, or that beeps continuously, if the driver does not return within one minute; and,
Volvo's S80 sedan now includes a Personal Car Communicator that is able to detect heartbeats inside of a vehicle and to send a warning to the driver's wireless key fob.

These devices hopefully signal that such systems will be available and affordable to all consumers with young children in the very near future.

Alcohol Use by Children

2007-08-17T10:33:00.000-07:00

"Know!" is a collaborative effort by the Drug-Free Action Alliance and The United Way of Central Ohio to conduct research and provide monthly information to parents and other caregivers on raising children to be substance-free. With more than 170 tips available on its website, http://www.helpthemknow.com/, Know! offers facts on a wide variety of substance abuse issues, such as summer smoking and the significance of 4/20 (a generic way of declaring that one likes marijuana). Know!'s goals are to make parents aware that their children are at risk; to bring home the message that parental actions make a difference; to promote and improve communication between parents and children concerning the use of alcohol, tobacco and other drugs; and to empower parents with strategies that have been proven to prevent substance abuse.

If the results of a recent survey conducted upon middle school children are a true indication of the severity of the problem, such preventative measures have become a necessity. The 2006 Primary Prevention Awareness, Attitude and Use Survey conducted by The Safe and Drug-Free Schools Consortium confirms that the youth of Ohio are being exposed to alcohol, tobacco and other drugs at an alarmingly young age. Its data shows that:

Eleven is the average age for first using alcohol;
1% of sixth graders and 5% of seventh and eighth graders drink at least once per month;
2% report smoking tobacco at least once per month;
0.4% of sixth graders and 1% of seventh and eighth graders admit to smoking cigarettes daily;
Twelve is the average age for marijuana first usage; and,
0.6% of sixth graders and 4% of seventh and eighth graders report smoking marijuana once a month or more.

The significance of these numbers is heightened by the findings of the National Clearinghouse for Alcohol and Drug Information regarding just how and why the use of these substances places children at a greater risk for problems later on down the road. That organization concluded that the younger a person starts to use these substances, the more likely the person will become addicted and develop problems associated with such use. In addition, young substance users are more prone to end up as victims or perpetrators of violence, to engage in unplanned and unprotected sex, to experience failure in school and to sustain serious injury from driving, or other risky behavior. Moreover, youngsters who use tobacco are more likely to drink heavily later on, or to use illegal drugs.

However, many parents and other caregivers apparently simply do not appreciate the magnitude of the problem. For instance, Know! reports that when polled, the number of parents who thought that their children had experimented with marijuana - about 20% - represented only half the actual number of teens who admitted to having tried it!

You can find further information on the recent PPAAUS survey at http://www.edcouncel.org/. To learn more about the harmful effects of alcohol, drug and tobacco usage by kids, visit http://www.theantidrug.com/ and www.nida.nih.gov/drugpages, the National Institute for Drug Abuse website.

Recovery of the "Depreciated Market Value" of Repaired Vehicle

2007-08-10T11:38:00.000-07:00

Handling the claim for damage to your motor vehicle after a wreck is frequently the most frustrating part of being in an accident.

The law in Ohio is pretty clear in most respects, and it is largely a matter of common sense. When your vehicle has been damaged in an accident, you are entitled to have it repaired and restored to its pre-accident condition unless the cost of repairs is more that the market value of the vehicle. The market value is essentially what an ordinary consumer would have paid for your vehicle, in an arms length transaction, immediately before it was damaged. For vehicles less than 10 years old, market value can be calculated by reference to one of several written guides that are professionally prepared and updated, and available to anyone at bookstores and on the Internet.

If the cost of repairing your motor vehicle exceeds the pre-accident market value, then you are not entitled to have the vehicle repaired; rather, you are entitled only to be paid the fair market value of the vehicle.

The problem for consumers arises when repairs to a vehicle fail to restore it to its pre-accident market value. For example, if the frame has been bent, some argue, and many prospective buyers believe, the vehicle can never be returned completely to its pre-accident condition. Then, more generally, many people believe that any vehicle that has been seriously damaged in a high-impact collision can never be restored to its pre-accident market value. This is sometimes referred to as “post-repair depreciation” or “residual diminution in value.”

In a case that is very good for the general motoring public (people who own and drive motor vehicles), the Franklin County Court of Appeals recently held that “residual diminution in value” is a legally recognizable element of damages after a motor vehicle crash. The case is Rakich v. Anthem Blue Cross and Blue Shield, 2007 Ohio 3739; 2007 Ohio App. LEXIS 3405, decided July 24, 2007. The court held as follows:

“Under the general principle that an injured party shall have sufficient compensation for the injuries to make him whole, we find that, when a plaintiff proves that the value of his automobile after repair is less than the pre-injury value of the automobile, the plaintiff may recover the residual diminution in value in addition to the cost of repair, provided that the plaintiff may not recover damages in excess of the difference between the market value of the automobile immediately before and immediately after the injury.”

This is a good case for consumers in Ohio and eliminates a loophole in Ohio's law of property damage.

Gap Insurance - Don't Be "Upside Down."

2007-08-08T09:36:00.000-07:00

If you are thinking about financing most of the purchase price of your next car or motor vehicle, you should consider purchasing “gap” or “guaranteed asset protection” insurance. According to www.GapInsuranceQuoates.com, it is available in all states except CT, LA, NH, NM, NY, VA, VT and WA, often from the dealership.

Why invest in gap insurance? It is almost common knowledge that a new vehicle depreciates in value the moment it is driven off the dealer's lot-sometimes by as much as 20%. If you finance a car with less than 20% down and you are subsequently involved in an accident that totals it, or if it is stolen, you may find yourself owing your lender more than the car is worth. This is called being “upside down on a loan” - an insurance company pays you X dollars for your car, but you owe the bank X dollars plus several hundred or even several thousand dollars!

In the past, loans were usually made for a 24 or 36-month period. Because the price of cars has risen greatly since the early 1980's, 60 and even 72-month loans are now common. However, the longer the loan, the longer it takes to reach a positive equity position in a car, where the borrower owes less than the car is worth. In fact, a borrower may well remain “upside down on a loan” for as long as two to four years, depending upon its length and the amount that was paid down. If your car happens to be totaled or stolen at such a time, your insurance company will not be obligated to pay you what you owe on the car, but only its actual market value-what it could have been sold for at the time of the wreck or theft. Your lender, however, will expect to be paid the difference.

That is where gap insurance comes into play. It covers the “gap” or difference between the vehicle's actual worth and what you still owe on the loan. www.Auto-Insurance-Options.us reports that aside from collision and comprehensive coverage, some leasing companies and lenders now require you to purchase gap insurance. Leasing companies typically include the cost of the insurance in the price of the lease agreement. And, while gap insurance is most often only available through a dealership at the time of purchase, some companies now offer the coverage in less than conventional situations, such as for used and refinanced vehicles. Further information on gap insurance is available at these, as well as other numerous websites: www.intellichoice.com, www.cars-insured.net, and www.bmv.ohio.gov/bmv.asp,

Take Control of Your Junk Mail

2007-07-27T16:33:00.000-07:00

You may not have realized that each time that you sign up for a credit card, subscribe to a magazine, make a catalog purchase, use a supermarket loyalty card, donate money to a charity or even fill out a product registration form, odds are that your name, contact information and the type of product or service to which you subscribed or purchased is entered into a data base by a business that will either use it to solicit further business from you, or rent the list to other companies that will do the same. This data is the source of the seemly endless junk mail that we receive in our mail boxes on a daily basis - a form of direct marketing that can be almost as irritating as the unsolicited call from a telemarketer.

According to the Privacy Rights Clearinghouse website, www.privacyrights.org, there are ways to substantially reduce the amount of junk mail that you receive. The following are examples of some of the steps you can take, but for detailed information on how and whom to contact, consult the website.

To remove your name from as many national mailing lists as possible, register with the Direct Marketing Association's (DMA) Mail Preference Service every five years to have your named placed on the "do not mail" list. Mail-in forms can be obtained from the site, or you can sign up online at www.dmaconsumers.org/cgi/offmailinglist.

Look for the name and address of the company distributing flyers and post cards near your mailing address, or for the company's phone number on the edge of the flyer and request that you be removed from its mailing list. The names and addresses of the major "resident" and "occupant" mailers can be found on the website.

Any mail order transaction is likely to be reported to the Abacus Alliance, the majority of whose members are catalogue and publishing companies that share information about their respective customers. You can opt out of the Abacus database by emailing optout@abacus-us.com. You will have to contact those companies that are not members of DMA or Abacus directly, and be sure to advise magazine companies at the time you subscribe that you do not want your information sold to other companies.

While credit bureaus do not disclose a person's financial information to marketers, they do rent lists. The Fair Credit Reporting Act requires that they delete from mailing lists the name and address of any consumer that requests it. The names and contact information of the major credit bureaus can also be found on the website.

Since telephone books and reverse directories are other sources of information for direct marketers, consider obtaining an unlisted number, or request that only your name and phone number be printed. You can also ask that the phone company remove you from the reverse street-address directories.

“Change of Address” cards are provided to mailers who have your name and former address, including the major marketing and financial companies. In lieu of registering your change of address with the postal service, consider contacting your correspondents individually.

Beware of participating in sweepstakes and contests that do not give you an opportunity to opt out of mailing lists. The Deceptive Mail Prevention and Enforcement Act requires that the mailer provide its name, address or toll-free number on the solicitation form so that the recipient or care giver can request to be removed from its mailing list.

Product registration cards that ask a variety of questions about your hobbies, income and the make-up of your household are usually not mailed to the company that manufactured the product, but rather to business that compile and sell the buyer profile information to other companies. If you decide to send the card, keep your receipt for warranty purposes and include only the minimum amount of information such as your name, address, date of purchase and the product's serial number.

The scanning of supermarket loyalty cards can link your purchases to your name. This information is then used by the store to send you coupons and special offers, or to sell to other marketers. You may want to think about not participating in the market's loyalty program. For further information about loyalty cards, consult www.nocards.org.

Request the major companies that compile consumer profiles from public records, telephone books, product registration cards and the like to remove you from their mailing lists. Their names and contact information can also be found at www.privacyrights.org.

Justice 4 You

2007-07-06T08:17:00.001-07:00

CPAS partner Andy List recently participated in Justice 4 You, a public service provided by the Ohio Association for Justice and NBC 4 in Columbus, Ohio.

Justice 4 You provides viewers the opportunity to call in and speak with a lawyer regarding civil disputes, including contracts, personal injuries and other matters. This community service is provided without charge to viewers in Central Ohio. It is designed to allow viewers to resolve basic disputes without incurring the charge of hiring a lawyer.

CPAS has a long history of supporting the Central Ohio community through this and other public services. Additionally, CPAS is committed to the OAJ, as two CPAS partners are past presidents of the organization.

Precious Cargo - Seatbelts on School Busses

2007-07-01T14:30:00.000-07:00

Statistics indicate that school buses travel 4.3 billion miles each year in this country. School Transportation News (www.stnonline.com), the largest web site on pupil transportation, reports that approximately 475,000 yellow school buses provide transportation daily, and approximately 25 million elementary and secondary school children ride school buses twice a day on a daily basis, nationwide.

That being the case, and considering that they carry the most precious of cargos, why aren't safety restraints mandatory in school buses? While federal law now requires three-point lap/shoulder restraints on all newly manufactured small buses weighing less than 10,000 lbs., the same is not true for those that carry the most students--the larger buses that weigh 25,000, or more lbs. In 1987, New York became the first state to require a two-point lap belts system on new school buses. Only two other states, New Jersey and Florida, have since followed suit. California is currently the only state to require a three-point lap/shoulder belt restrain on large school buses.

The federal government considers traveling on a school bus during the normal school commute to be nine times more safe than traveling in other passenger vehicles. The National Safety Council maintains that the national school bus accident rate is 0.01 for every 100 million miles traveled, compared to 0.96 for other passenger vehicles. An average of 6 children are fatally injured inside a school bus every year

Safety experts attribute the safety to the size and design of the buses, such as the shock absorbing backrests and the compartmentalized seating. But if these buses are, indeed, the safest mode of transportation to school, why not make them even safer, asks such proponent groups as the National Coalition for School Bus Safety (www.ncsbs.org)? It heartily endorses combined lap/shoulder belts and encourages the use of lap belts over no restraints at all.

But the National Highway Traffic Safety Administration points to studies that indicate that riding a school bus to school is safer than going on foot, by bicycle or in a parent's car. According to the NHTSA's Fatal Analysis Reporting System, approximately 600 school age children are killed annually while riding to and from school in other passenger vehicles--mostly automobiles.

A 2002 NHTSA study cautioned that while shoulder belts could provide some benefit, children are particularly apt to wear them incorrectly, such as under the arm, which effectively increases the risk of injury. Even school bus drivers have been heard to complain that seat belts would increase the risk of injury from children misusing them as weapons, or in horseplay.

And, of course, there is the issue of money. Opponents argue that making seat belts mandatory will only serve to increase the cost of transportation, without a corresponding increase in safety. In addition to the expenses of installing the safety belts themselves, a three point restraint would reduce the seating capacity and necessitate the purchase of more buses cites the 2002 NHTSA study. Driving up the cost of school bus transportation, it concluded, might well cause a greater number of injuries and deaths to children forced to find alternative means of transportation.

These seemingly logical arguments are fatuous. One avoidable death or injury to a child on a school bus is too many-particularly if that one child is yours. No parent should want to play the school buss lottery with their children, and given the high priority that we give to consumer safety in this country, there is no reason that they should.

We urge you to contact your state senator and representative and the enactment of a school buss seatbelt law in Ohio. To contact your state senator, go to http://www.senate.state.oh.us/. To contact your state representative, go to http://www.house.state.oh.us/index.html.

Cell Phones - False Sense of Protection?

2007-06-24T16:00:00.000-07:00

Can talking on a cell phone while walking alone on campus after dark provide protection? The Columbus Dispatch reports that an increasing number of students--especially females--are doing just that because it gives them a sense of security to know that they are connected to someone that could readily report an emergency, or at least be made aware of it. But police and college officials caution that talking on a cell phone can actually have the opposite effect by causing one to lose focus of the surroundings and making that person an easier target for mischief. In the event of a situation, the person on the other end might not know your exact location and would not be able to report the emergency as quickly as you could, they state.

According to Verizon Wireless, over 240,000 emergency calls are made from cell phones daily in this country. Still, experts believe that walking with a friend, group, or with the school's escort service and remaining alert and prepared for the worst is the best way to keep safe.

Schools are keenly aware that a campus can attract the most dangerous of persons and are implementing measures to minimize that risk . This year, for instance, Ohio Dominion University handed out safety whistles, and its future plans call for installing more blue-light emergency phones that have a direct connection to the college's security personnel. Officials offer the following safety tips:

Do not walk alone when it’s dark. Instead, walk with a friend, a group, or use the school's student escort service.
Stay in well-lighted, heavily traveled areas, walking close to the curb and avoiding alleys, doorways and bushes.
Remain observant and aware of your surroundings and be wary of persons you do not know well.
Alert campus security to suspicious people or activities.
Carry a cell phone already programmed with emergency numbers, and if using it while walking, make a special effort not to become distracted from your surroundings.
If you sense danger, use a blue-light emergency phone, if available. Otherwise, yell as loudly and as forcefully as you can.
Use common sense and avoid risky situations.

Child Booster Seats

2007-06-15T18:08:00.000-07:00

The National Highway Transportation Safety Administration reports that as of January 1, 2007, only 38 states and the District of Columbia require the use of booster seats or other appropriate restraint devices for children who have outgrown their forward-facing safety seats, but who are still too small to benefit from adult safety belt systems. This presents an unacceptable vacuum in child safety, considering that vehicular crashes injure more than 550 children daily in this country.

According to Ohio's Department of Public Safety, booster seats fall within Ohio's law, which requires that a child under 4 years of age or below 40 pounds be properly secured in a child restraint system that meets federal motor vehicle safety standards when being transported in a motor vehicle--other than a taxicab or public safety vehicle (Ohio Revised Code § 4511.81).

According to the Journal of the American Medical Association, booster seats can reduce injury by as much as 59%, as compared to using safety belts alone. How do they work? Booster seats, which should always be used with both lap and shoulder belts, are designed to raise the seating positions of children who are 4 feet, 9 inches or under so that the safety belts can fit them properly. This means that that the seat enables the lap belt to sit low across the child's lap and the shoulder belt to cross the middle of the child's chest and shoulder.

When is it time to switch from a child safety seat to a booster seat? According to the American Academy of Pediatricians (www.aap.org), your child should stay in a car safety seat with a harness as long as possible, but you should begin using a booster seat when (1) your child's shoulders sit above the harness slots; or (2) your child's ears have reached the top of the seat; or your child has reached the top weight or height permitted for the safety seat. The limits are listed on the safety seat and included in its instruction booklet. You can also go to www.boosterseat.com, submit your child's age, height and weight and receive safety restraint recommendations from NHTSA.

The AAP offers the following additional safety tips when transporting your child by car:

Always use a safety seat, beginning with your baby's first car ride home from the hospital;
Never place a child in a rear-facing safety seat in the front seat of a car with a passenger air bag;
Children who are 13 years or under should always sit in the back seat, where they are the safest;
Make certain that you set a good example for your child by buckling up yourself;
Because each safety seat is different, be sure to read and follow the usage instructions and keep them in a place that is handy;
Follow the instructions for installing your safety seat that are contained in you car owner's manual.

The AAP suggests that you contact a certified Child Passenger Safety Technician, if you need assistance with installing your child's safety seat. You can call 866/SEATCHECK (866/732-8243) toll-free, or visit www.seatcheck.org to locate and make an appointment with a child safety seat inspection station.

Ten Tips to Prevent Vehicle Theft

2007-06-07T09:32:00.000-07:00

Warm weather in Ohio is always a welcome change. However, the warm weather often can lead to an increase in criminal activity. In addition to criminal activity, summer often leads to carelessness among car owners. There are things we can all do to lessen the likelihood of being a victim of vehicle theft. Adhere to the following tips, and you can minimize your chances of being the victim of car theft. Car thieves are criminals of easy opportunity; remove their opportunity, and we remove them! Tips for protecting your vehicle from auto theft:

1. Always take your keys. Never leave them in the car. Nearly 20 percent of all vehicles stolen had the keys in them.

2. Always lock your car. Approximately 50 percent of all vehicles stolen were left unlocked.

3. Never hide a second set of keys in your car. Extra keys can easily be found if a car thief takes time to look.

4. Consider etching your VIN (Vehicle Identification Number) onto the glass surfaces of your vehicle. VIN etching makes vehicles less attractive to thieves because all windows must be replaced before the car is tagged with a fake VIN for resale.

5. Replace T-shaped door locks with straight locks. Some vehicle doors have lock assemblies at window level that flare out in a knob or "T' shape. A thief can use various tools to gain access inside the vehicle, grab and pull the lock. Straight locks prevent this.

6. Install an ignition kill switch. Splice an inexpensive toggle switch into your ignition wire or to your starter. The trick is hiding the switch well. Keypads, pressure pads and more expensive "Immobilizers" and "Passkeys" can also be used.

7. Completely close your car windows when parking. Don't make it any easier for the thief to enter your vehicle. Remember: Closed not cracked!

8. Don't leave valuables in plain view. Don't make your car a more desirable target and attract thieves by leaving valuables in plain sight.

9. Immediately report any suspicious activity to the Trust your senses! If something or someone looks out of place, report it!

10. Use a steering wheel or tire/wheel lock.

For more information on vehicle theft protection, or what to do if your vehicle is stolen, visit
http://www.watchyourcar.org/content/?/protect/tips.

Finally, to remain safe while occupying your vehicle, visit the Ohio Insurance Institute website for five tips on personal safety http://www.ohioinsurance.org/pdf/crime.pdf.

Gift Cards: The Good, The Bad and The Ugly

2006-12-19T07:22:00.000-08:00

According to Consumer Reports (http://www.consumerreports.org)/, 60 percent of holiday shoppers favor gift cards. And the National Retail Federation (http://www.nrf.com/) reported that gift cards were the third most requested gift for the holidays in 2005, behind electronics and apparel. They are convenient to purchase, compact, and at least symbolic of a tangible gift (e.g. Barnes & Noble--books or music; Banana Republic - clothing; etc.). However, gift cards are a huge profit center for retailers for two primary reasons.

First, last year over $18 billion worth of gift cares were sold by retailers, while fully $1 billion of those were never used - presumably because they were lost or forgotten. That's $1 billion of consumer buying power completely wasted!

Second, most people who redeem gift cards will spend more than their face value. So, when a retailer sells a $50 gift card, it's frequently the equivalent of a sale of $100 or more, effectively doubling the monetary intent of the original purchaser.

An annoying problem with gift cards can be expiration dates and maintenance or usage fees. This is particularly true with bankcards, which can have numerous hidden fees and short expiration periods. Although they offer more flexibility than cards associated with a particular store, they are generally a much worse value.

There are several things you can do to be a prudent consumer when shopping for gift cards:

Consider the interests of the recipient. Then purchase the gift card at a retailer where the recipient will be likely to shop. This will increase the likelihood that the gift card will actually be used.
Make sure that the gift card has no expiration date, no user fees, and no dormancy fees (for non-use). You can verify terms and conditions on the retailer's Website.
Make sure that the card has not been tampered with. According to a National Public Radio report (http://www.npr.org/), some wily thieves will peel back the paper backing in order to copy the serial number and the 800 number on the card. Several days later, they will call the number to determine the balance. If the card has been activated, they will use it to shop online.
Avoid bankcards.
Finally, consider giving cash. If you do not believe that a gift card is tacky, then cash should be a fine substitute. There are very few people who don't like cash, and it has the ultimate flexibility. Furthermore, the recipient is much more likely to limit their spending to the amount of cash given, which in many cases is an additional benefit to the recipient.

House Ladders Can Cause Serious Injury

2006-12-07T17:24:00.000-08:00

According to the Consumer Product Safety Commission, over 180,000 emergency room visits and 150 deaths are reported each year as a result of falls from household ladders and stepladders. While many such falls are a result of human error, a significant number can be attributed to defective ladders.

Ladders can fail during normal use for three reasons: (1) defective design, (2) defective construction, and (3) defective materials.

The American National Standards Institute (ANSI) publishes voluntary weight limits for household ladders, but there are no mandatory rules for consumer ladders. Many experts believe that ANSI standards should be tougher and should be mandatory.

According to the Consumers Union (www.ConsumerReports.org/ladders), there are five rules everyone should follow when using a household ladder:

Read and follow all instructions.
Angle straight ladders 75 degrees from the ground (1 foot out for every 4 feet up).
Always face a ladder when climbing and descending it, and do not go beyond the labeled highest step recommended.
Be certain that a stepladder's spreaders are fully open and locked.
Extend straight ladders 3 feet beyond the roof or work area for proper stability.

For more information about consumer ladder safety, visit the website of the Consumer Product Safety Commission, www.cpsc.gov/cpscpub/pubs/ladder.html. For additional information about using ladders safely to prevent injuries, read the United States Department of Energy Bulletin EH-93-5 at www.eh.doe.gov/docs/bull0096,html.

If you are injured as a result of a ladder failure during normal use, you may have a legal claim against the manufacturer or distributor of the ladder. At Clark, Perdue, Arnold & Scott, we would be pleased to advise you of your legal rights following a ladder injury.