Philadelphia Injury Lawyer Blog

In a bizarre case of unintended truth in advertising, Toxic Waste Nuclear Sludge Chew Bars may actually be toxic. Clearly designed to appeal to the "dare you" attitude of prepubescent boys, the super-sour chewy candy is sold in wrappers reminiscent of hazmat warning signs. Emblazoned with the words "Toxic Waste" in giant type, the packaging warns consumers of the "lethal" product inside. Unfortunately, to the alarm of Philadelphia parents, what was certainly intended to be a clever advertising ploy now appears to be true. Testing by the California Department of Public Health found toxic levels of lead in cherry-flavored Toxic Waste Nuclear Sludge Chew Bars.

When notified of the health department findings, U.S. distributor Candy Dynamics issued an immediate voluntary recall of all flavors of the Nuclear Sludge Bar. Introduced to U.S. markets in 2007 and promoted as "hazardously sour," Toxic Waste candy is imported from Pakistan. Other candies in the Toxic Waste product line have not been recalled as the distributor does not believe them to be affected.

In 1977, the U.S. Consumer Product Safety Commission banned lead paint because of its damaging physical and mental effects, particularly in rapidly developing infants and children under the age of 6. Until the ban, lead was commonly added to paint products to improve paint performance. Exposure to lead has been proven to stunt children's growth, cause serious nervous system damage, result in developmental delays, and seriously damage kidneys and other organs. In adults, lead can also negatively impact reproductive ability. Children are typically exposed to lead by putting toys painted with lead paint in their mouths or ingesting chips or flakes of lead paint from painted walls or furniture.

Newer research, however, has discovered that lead does not have to be ingested to cause serious personal injury. Lead-laced dust from deteriorating paint chips or home improvement projects that expose old lead-painted walls is just as toxic.

In a report released this week, Pennsylvania received an 'F' in highway safety from the Advocates for Highway and Auto Safety. Concerned Philadelphia personal injury lawyers noted that this is the second year in a row that Pennsylvania has received a failing grade from the national highway safety coalition.

The Washington-based coalition produces an annual state-by-state report card that evaluates traffic safety laws in each state. Green lights are awarded to states with exemplary highway safety records. Philadelphia neighbors New Jersey and Delaware both received green lights on this year's highway safety report card. States in need of improvement receive yellow "warning" lights. States like Pennsylvania that exhibit what the coalition deems to be a dangerous failure to enact protective highway safety laws receive a red light, the equivalent of an "F." Philadelphia personal injury attorneys cite the state's 2010 failure to pass proposed laws banning talking and texting while driving to be primary factors in the state's low safety grade.

In assigning safety grades, the national coalition of insurance companies and consumer, medical and safety agencies evaluates states on adoption of 15 lifesaving laws proven to reduce personal injury car accidents. States earn high grades for enacting laws that restrict the use (talking and texting) of handheld cell phones while driving, mandate booster seats for young children, require that seat belts be worn by both drivers and passengers, require motorcycle riders to wear helmets, and impose safe driving restrictions on teenagers, including graduated license requirements; limits on driving distractions such as the number of passengers and radio and cell phone use; establishment of driving curfews; and other regulations designed to reduce teenage accident rates.

There is hope that Pennsylvania will improve its highway safety record this year. A bill to ban texting while driving has already been introduced, and a new attempt to impose safety restrictions on teenage drivers is being prepared.

A gas main explosion in Philadelphia's Tacony neighborhood this week killed a 19-year-old Philadelphia Gas Works (PGW) employee and injured 6 other people. Three PGW workers suffered critical personal injuries and remain hospitalized with severe burn injuries. The 3 other people injured -- 2 PGW employees and a fireman -- were treated at Philadelphia hospitals and later released.

Shooting a 50-foot fireball into the sky, the bomb-like blast turned buildings into rubble and engulfed the site in flames. Several buildings were completely destroyed. The force of the blast flattened cars, shook buildings and blew out window glass over a two-block radius.

The tragic event began when the Philadelphia Fire Department and PGW responded to reports of a gas odor. A "fairly serious" gas leak was discovered, and teams had begun evacuating neighborhood residents when the explosion occurred. Authorities have not yet determined what caused the leak to ignite.

Explosions and fires caused by ignited gas leaks are a recurrent problem in the gas industry. According to the U.S. Department of Transportation, 80 gas leak accidents killed 9 people and injured 50 in 2009. Accidents are often deadly, and investigations can take months. A California gas explosion that killed 8 people and destroyed dozens of homes is still under investigation.

"This type of explosion isn't that unique. It happens every 4 or 5 days," Carl Weimer, head of advocacy group Pipeline Safety Trust, told the Philadelphia Inquirer in an article published on philly.com.

When fatal accidents like this occur, it can take months to thoroughly investigate not only site conditions and events, but also utility construction, repair, maintenance and safety records and procedures. Philadelphia personal injury attorneys can manage accident investigations and insurance company demands so that seriously injured Philadelphia accident victims can focus on recovery and the families of those who are killed can bury their loved ones and grieve in peace.

When you carefully squeegeed a shiny coat of tar-black sealant over your Philadelphia driveway last summer, it's unlikely you knew you were creating a serious health and environmental hazard. Neither did millions of other responsible American home owners, churches, schools, groceries, apartment managers and business owners who for years have regularly resealed asphalt driveways and parking lots to improve appearance and increase pavement life. Now, Philadelphia personal injury lawyers warn, disturbing results of a recent study conducted by the U.S. Geological Survey (USGS) indicate that coal tar driveway sealants, the kind most frequently used in Philadelphia, can create health and environmental hazards on a par with toxic dump sites.

A toxic byproduct of the steelmaking process, coal tar contains high concentrations of known cancer-causing chemicals, most prominently benzo(a)pyrene. When coal tar sealant spread on Philadelphia driveways and parking lots starts to crumble and break down, the USGS study found that particles form a toxic dust that is easily transported into homes, schools, churches and businesses by summer breezes or on shoes and clothing. When rain or runoff from lawn watering mixes with this toxic dust, the poisonous chemicals are carried into local waterways where they pose a serious environmental threat to fish, plants and wildlife.

Philadelphia personal injury attorneys warn that, as reported in the Chicago Tribune,
the toxic level of benzo(a)pyrene USGS researchers found in sealant dust "was 5,300 higher than the level that triggers an EPA Superfund cleanup."

"Such high concentrations usually are found at Superfund sites, but this could be your church parking lot or your school playground or even your own driveway," USGS researcher Barbara Mahler told the Tribune.

Philadelphia personal injury attorneys warn that anyone who has applied coal-tar sealants or who lives or works in a building where pavements have been treated with coal-tar sealants may be at risk.

Philadelphia transportation officials are warning drivers and pedestrians to beware of icy pavements. Philly drivers are familiar with the dangers of "black ice," the invisible skin of ice that forms on roadways when melting snow refreezes. Philadelphia personal injury lawyers warn pedestrians that the same dangerous condition can be present on pavements and in parking lots. Unshoveled blowing snow that hides treacherous patches of ice from view increases the danger of slip and fall accidents in Philadelphia parking lots (see our previous post).

If you are the victim of a Philadelphia slip and fall accident on snow and ice, Philadelphia personal injury attorneys recommend doing the following:

1. Report the accident immediately or as soon as possible.

2. Seek medical attention if you are injured. Injuries from slip and fall accidents can be serious. A hard fall can break bones. If the person hits his head on the pavement, curb or parked car, the force of the fall can bruise or injure his brain. If the body twists during a fall, the spinal cord can be injured. In many cases, the severity and consequences of an injury cannot be immediately known. Even if you show no immediate signs of injury after a slip and fall accident, pay attention to your body. If muscle aches or headaches develop, seek medical attention.

3. Record ground conditions both where you fell and in the immediate area. Write down a detailed description of the pavement conditions and the location of any obstacles. Note whether the pavement was partially cleared or uncleared, snowy or icy, and any debris in the area.

4. Gather evidence documenting where the accident occurred, name of the landowner or store owner, names and phone numbers of any witnesses, and photos of the accident site and your injuries.

5. Consult a Philadelphia personal injury attorney with experience handling slip and fall accidents.

Another big snow storm is headed toward Philadelphia and with it will come another bout of icy sidewalks, slippery parking lots and slip, trip and fall accidents. More than 16,000 American die each year as the result of personal injuries suffered during slip, trip or fall accidents. Philadelphia personal injury attorneys warn that slip, trip and fall accidents are one of the most common causes of workplace injuries. Slip, trip and fall accidents also account for a significant number of accidents in Philadelphia homes, retail stores and groceries.

Snow and ice covered parking lots and sidewalks increase the risk of slip, trip and fall injuries, Philadelphia personal injury attorneys warn. Parking lots and sidewalks that have been improperly cleared, salted and sanded can leave pavements icy and slippery, creating serious slip and fall hazards. Serious slip, trip and fall accidents can result in lacerations, fractured bones, strained and twisted back muscles, brain injuries and sometimes disability or death.

If you are in a slip, trip or fall accident, Philadelphia personal injury attorneys advise that you always report the accident, even if you don't believe you were seriously hurt. Some bone, muscle and tendon injuries are not noticeable until several hours after the accident occurs. If your accident occurs at a business, you may be asked to sign an incident form. Read the form carefully. Some incident forms are worded to diminish the store owner's liability. Do not sign any document you do not understand or that does not state the facts as your know them. If you do complete or sign a form, ask for a copy. Establishing fault in slip, trip and fall accidents can be complicated. Under the law the property owner or accident victim can be found at fault or liability can be shared by both parties. Consultation with a Philadelphia personal injury lawyer can determine your rights and probable responsibility in a slip, trip or fall accident.

The Ohio Supreme Court's recent ruling on a fatal 2007 bus accident has the potential to impact school athletic programs and change school transportation policies in Philadelphia and throughout the country, Philadelphia personal injury lawyers cautioned. In a 5-2 decision, Ohio's highest court ruled that in the 2007 bus accident that killed 7 people, including 5 members of the Bluffton University baseball team, the bus driver and his wife, the university's insurance policy extended to vehicles that are "owned, hired or borrowed" by the school and that the university's insurance company was liable for accident costs.

The ruling sent shock waves through the nation's university and high school communities. Universities and many high schools often hire private buses to transport athletic teams, band members, choral music students and other school groups to games, competitions and special events. Prior to the Ohio Supreme Court ruling, the transportation provider has been assumed to be liable for accidents in which their vehicles are involved, Philadelphia personal injury attorneys explained. Extension of a school's liability to include accidents incurred by hired vehicles during transportation of students to school-sanctioned events could be a game changer.

The Ohio ruling creates a precedent that could potentially be applied to similar accidents in Philadelphia and elsewhere, Philadelphia personal injury lawyers said. There is considerable concern, particularly in the athletic community, that the additional accident liability could cause high schools and colleges to curtail offsite events, including sports competitions.

The tragic bus accident that precipitated the ruling occurred in 2007. The Bluffton University baseball team was en route to a tournament in Florida when the driver of their hired bus mistook an Atlanta freeway exit ramp for a carpool lane and sent the bus crashing through a barrier fence and onto the highway below. Five players, the bus driver and his wife were killed and several other players sustained serious personal injuries.

Eleven people died on Pennsylvania highways over New Year's weekend, Pennsylvania State Police said yesterday, nearly double the number of fatalities reported last year when 6 people died in New Year's weekend car accidents. Pennsylvania State Police reported that an additional 220 people suffered personal injuries in auto accidents, down 24% from last year when 288 people were injured in New Year's traffic accidents. The total number of auto accidents over the 4-day weekend also decreased. This year state troopers investigated 693 traffic accidents over the extended weekend, a decrease of 39% from last year when the New Year's weekend was marred by 1,131 car accidents.

Alcohol was a factor in 76 of the car accidents investigated by Pennsylvania State Police. Four of those accidents resulted in the deaths of five people. State troopers also made 267 non-accident arrests for driving under the influence of alcohol, issued 4,012 speeding tickets and cited 458 people for failing to wear seat belts. In issuing the New Year's traffic statistics, State Police Commissioner Frank Pawlowski noted that 6 of the 11 people who died over the weekend were not wearing seat belts.

Every holiday lives are lost and families are forever changed by car accidents in Philadelphia and across the state. Fatal auto accidents and traffic accidents that result in serious personal injuries seem to happen more frequently during holiday drive periods when drivers are more apt to be tired, distracted, rushed or inebriated. Tragically, holiday car accidents too often result in fatalities or debilitating injuries that can strain a family's resources to the breaking point. A Philadelphia personal injury attorney can take the pressure off families trying to cope with serious personal injury accidents. When a serious or fatal auto accident occurs, Philadelphia personal injury lawyers can handle accident investigations, obtain police reports and deal with insurance companies so that accident victims and their families can concentrate on healing and recovery.