Iowa Edict - Injury Caused by Property Defects

Manure pit foam causing methane gas explosions on Midwest Farm

Steve Lombardi — Tue, 20 Mar 2012 04:00:10 -0600

Hog manure pits have an unplanned and unidentified foam growing and then forming a cap that traps methane gas. When a spark is present the methane explodes. The report referenced in the linked article cites six explosions since 2009. The foam is described as being up to four feet thick and growing on top of manure pits. When cleared off of the manure it has a tendency to regrow. Farms in Minnesota, northern Iowa, Northwestern Illinois and in southwestern Wisconsin have experienced this condition.

The scientists studying it wonder if it's being caused by dietary intake by the pigs. See the video from KSTP, ABC Channel 5. Mysterious Foam Causing Hog Farms to Explode, February 8, 2012.

These are bearded pigs, have no relation but I thought they were interesting.

]]>

Scientists stumped by mysterious foam causing hog farms to explode
Daily Mail
Six farms have blown up since 2009 - killing thousands of animals - after ... metal repair caused an explosion that killed 1500 hogs and injured a worker.

Photographs and the outdated Subsequent Remedial Measures Doctrine

Steve Lombardi — Mon, 27 Feb 2012 00:00:52 -0600

Many a photograph have been excluded under state and federal rules of evidence as a subsequent remedial measure, but not in Maiers vs Gansen and Estate of Gansen, No. 1-1006/11/11567 (Filed February 15, 2012 Iowa Ct. of Appeals). This appellate decision reviews a lower court evidentiary ruling and damages of $191,916.20 for injuries suffered on a public sidewalk for a trip and fall. The accident happened on September 26, 2007 and the photographs of the sidewalk were taken sometime during November 2007.

According to the opinion by that time the raised portion of the concrete pad had been ground down so that it was more even with the adjoining pad. Negligence in maintaining the sidewalk was the legal claim then being asserted. No pre-maintenance photos could be found. At trial the Gansens filed a motion in limine requesting exclusion of the photographs asserting the outdated rule of subsequent remedial measures under Iowa Rule of Evidence 5.407.

Here is what the Court of Appeals wrote:

]]>The district court denied Gansen’s motion regarding the photographs of the sidewalk just before opening statements. The court recognized “without question that this is a remedial measure taken on the part of Ms. Gansen or someone acting on her behalf.” But the court noted previous cases have allowed in similar evidence to show a condition of the property. Because no photographs depicting the sidewalk before the subsequent remedial measure were available, and given that the parties disagreed as to the extent of the sidewalk’s unevenness, the court overruled the defendant’s limine motion and advised that it would give a limiting instruction when the plaintiff offered the exhibits. The court admonished plaintiff’s counsel that the photographs could be admitted only to show the condition of the sidewalk, and not for any other purpose, and that the repair was to be mentioned as little as possible throughout witness testimony.

Over Gansen’s objection, the court admitted the photographs into evidence, issuing the following curative instruction:

Ladies and Gentlemen of the Jury, the photographs that have been admitted into evidence are to be used by you for the sole purpose of determining the condition of the property at the time of Plaintiff’s fall. You should disregard the fact that a repair was made, as the repair itself may not be considered by you as evidence of negligence on the part of Defendant.

The district court also included Jury Instruction No. 25, which read: “

You have received evidence that a repair was made to the sidewalk after Constance Maiers fell. You may not consider that fact as evidence that Priscilla Gansen was negligent.”

The jury found Gansen liable, and returned a verdict of $191,916.20 in damages.

I like what this judge did with denying the motion in limine, admonishing counsel and in providing the jury with a curative instruction. The rule of subsequent remedial measure is outdated and assumes jurors aren’t capable of putting the remediation into the proper perspective in determining liability. That and the rule of evidence gives the defense the opportunity to mislead the jury about what was possible and how bad they defect was that made them take corrective action, albeit after the person was injured. Dubuque County District Court Judge Michael J. Shubatt’s ruling has the wisdom of Solomon.

Let's face it, that sidewalk was a hazard before the remediation meausres and fixing it was not just possible, but quite feasible economically. The trouble is that most people won't fix sidewalks no matter who sues them so refusing to allow the photographs into evidence would serve no purpose whatsoever. This is a good decision from a public policy standpoint.

Iowa Court of Appeals Recent Opinions - No. 1-1006 / 11-1167 - CONSTANCE M. MAIERS, Plaintiff-Appellee, vs. PRISCILLA GANSEN, a deceased person, and PETER J. GANSEN, as Executor of the ESTATE OF PRISCILLA GANSEN, Defendants-Appellants.

Today’s diversion is Bob Seger’s, Tryin’ to Live My Life Without You

Do I have any legal recourse after an auto accident if I was not seriously injured?

Steve Lombardi — Tue, 17 Jan 2012 04:00:53 -0600

Question: Do I have any legal recourse in an auto accident if I was not injured? I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?

]]>Answer: Well no. In every personal injury action, which the law calls a "tort" you need four things before you are allowed to sue and to proceed.

1. A duty.

2. A breach of the duty.

3. Damages.

4. Your damages need to be proximately caused by the negligence of the "tortfeasor" the wrongdoer.

In your case you are simply missing 3 and 4. You have no damages and therefore no damages were proximately caused by the wrongdoer. Your personal injury is what the law refers to as de minimis. Lay people would use this definition and lawyers this one. Frankly it was what the McDonald's marketing machine was all about but they were completely wrong and fooled most people into believing the sky was falling.

De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles").[1][2]

In risk assessment it refers to a level of risk that is too small to be concerned with. Some refer to this as a "virtually safe" level.[3]

An abbreviated form of the Latin Maxim de minimis non curat lex, "the law cares not for small things." A legal doctrine by which a court refuses to consider trifling matters.

In a lawsuit, a court applies the de minimis doctrine to avoid the resolution of trivial matters that are not worthy of judicial scrutiny. Its application sometimes results in the dismissal of an action, particularly when the only redress sought is for a nominal sum, such as one dollar. Appellate courts also use the de minimis doctrine when appropriate.

But the personal injury aside you did also mention a wage loss being caused by your having a tough time keeping a job. It didn’t take me 30 years of practice to know it’s going to be extremely difficult to prove you’re not being able to find any truck driving job is somehow proximately caused by this one little accident. There must be more than you’re telling me; either that or you aren’t trying hard enough to find work.

Make sense? Now get back to work.

Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Steve Lombardi — Tue, 10 Jan 2012 06:50:23 -0600

Question: Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

]]>Answer: Whether or not you have a claim against the manufacturer of the car can't be answered with the amount of information provided. Air bags in older cars that have been involved in accidents may not have been installed properly after an accident. Has your car ever been in an accident? If so your complaint isn't with the manufacturer but with the body shop that reinstalled the bag. Did you know some body shops make a quick grand by not reinstalling the airbags even though the insurance pays them to do so. It's called fraud. Has your car ever been broken into or vandalized? Perhaps the thieves stole the airbag components? Apparently there are valuable components that thieves target. My point is that a claim against the manufacturer for a failure of airbags to deploy isn't as easily proven as it may first appear.

The Loss Prevention Department Assassin

Steve Lombardi — Thu, 15 Dec 2011 10:10:46 -0600

Question: Is a store liable if my mother fell and broke her hip? My mother recently broke her hip at the grand opening of a supermarket when she was directed by an employee to an auxiliary exit that had a curb without any markings or paint on the ground. She is not looking for any more than her out of pocket co-pays and lost salary which would total about $1500-2000. She realizes she shares responsibility but is the store liable for not painting the curb?

]]>Answer: We recently settled a similar case for a woman with a torn shoulder muscle due to slipping on a wet entry floor. I'll warn you the larger department stores the "loss prevention" departments are very good at asking questions in such a way as to give the impression it was all your fault. They are like spies working undercover as double agents making the injured person believe their friendliness means they are your friend. But don't ever mistake a friendly person with a person that is a real friend.

The assassin smiles at you just before it cuts your throat for financial gain.

Loss prevention departments have only two reasons to speak with you and none are in your favor. 1. Find a way to deny their claim. Or 2. Find a way to pay her less than the law allows. It doesn't get any simpler than that now does it.

You are right to accept some responsibility, but see a lawyer because you are plainly outgunned by the loss prevention professionals.

Trailer Comes Loose from Semi and Strike's Vehicle Head-on - Who is to blame?

Steve Lombardi — Sat, 10 Dec 2011 08:30:00 -0600

Hancock County, Iowa - I’ve been reading about these accidents and one guy has a blog dedicated to accidents where trailers become unhitched and crash into other cars, trucks or motorcycles. It’s been awhile since I’ve seen one in Iowa, right up until this week, that is. It happened on December 5, 2011 at around 5:58 a.m. on Highway 18 about 2 miles west of Garner. A 2000 Peterbuilt semitruck pulling a trailer (driver shown on police report as being from Garner, Iowa – 38 years old) was westbound on Highway 18 when as the officer describes it, “VEHICLE 1 (THE SEMI ) WAS WESTBOUND ON HWY 18 WHEN ITS TRAILER BECAME DETACHED FROM THE TRACTOR THE TRAILER THEN SLID ACROSS THE CENTER LINE AND STRUCK THE EASTBOUND VEHICLE 2 HEAD ON.”

The eastbound vehicle is a Ford Explorer being driven by a 56 year old man from Britt, Iowa. From the report it appears as though the opposing driver died in the crash.

So who is responsible? From a legal standpoint the driver of the semi (and the permissive owner of the semi) is legally responsible for securing the load, including the trailer.

Iowa State Patrol Crash Report of Christians – Priebe Personal Injury Accident
KGLO Midday Report on Priebe Fatality Car Accident
KGLA Obituaries - Link
Britt man killed in early morning accident, WCF Courier

]]>See also

Dangerous Trailers.org
Towing and Trailer Safety – an eight part series from The Chronicle of the Horse be several writers.
YouTube Report - Dangerous Trailers.org Presents Loose Trailer Kills US Postal Worker
How To Hook Up A U-Haul Trailer - Braked
Towing, Towing Safety, Types of Trailers, Towbar Wiring, Towing Capacity, Towing Laws in the U.S. on Wikipedia
Tow Hitches
Dangerous Trailers.org Loose U Haul Trailer Causes Loss of Life – Pedestrian Killed by Loose Trailer – U-Haul Trailer breaks free from pickup truck and kills tree worker on side of the road.
Dangerous Trailers.org Presents Virginia Tagged trailer I-95 No Safety Chains
One safety chain dragging on the ground – Improper use of safety chains.
Hitch failure, but driving with only one wheel on the trailer.
Overloading trailers is also dangerous and unacceptable.

15 Ways to Cause a Trailer to Unhitch While Towing

Improper Installation of the Trailer Hitch or the Towing Mechanisms
Using a trailer that is beyond the hitch’s rating
Not using the chains
Using the chains improperly
Using the wrong sized ball and socket
Overloading the trailer
Using a broken hitch
Not latching the ball
Not securing the security pin
Towing a poorly maintained trailer causing excessive pressure on the hitch itself
Improperly inflated tires
Loading the trailer beyond the axles weight rating and breaking the axle
Failing to double check hitch before driving off
Not having brakes on the trailer while pulling a heavy load
Driving while distracted and not keeping an eye on the load you’re towing

If you think these cases are easy to prove it’s because you’ve never tried to prove one in a court of law. And if you think that insurance adjuster who makes it seem like he’s there to pay you and just has a few questions to ask for his file, good luck with that one. Later this week (December 15, 2011) I’ll post an article titled, The Loss Prevention Department Assassin. You may find it of interest. I’ll update the link after it posts.

You Shouldn't Ignore the Value of Litigation

Steve Lombardi — Mon, 05 Dec 2011 04:00:20 -0600

A recent article I read interested me from a professional standpoint towards workplace safety but I thought it missed a major point about litigation. This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.

The article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer.

Like it or not, lawsuits have done much to make farming a safer profession.

The three examples that come to mind are unshielded PTO shafts, augers and tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers in farming; one still does. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.

Of course farmers should hug us not hate us.

So say you hate us all you want, but we ain’t going away and it has everything to do with life and limb compromised by unsafe products and services. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety. Turn us away from the courthouses and you shortchange yourself and increase the risks you face while farming. It's pretty simple and sometimes referred to as the Golden Rule. Do unto others as you would have them do unto you.

]]>Farm Dangers and Accident Causes

Suffocation from quick sand like corn or beans in a bin
Unshielded PTO shafts
Tractors on uneven ground and rolling over crushing the driver
Unshielded Auger Power Shafts
Being kicked by an animal
Being overtaken by cold weather in an unprotected location
Being crushed by machinery
Losing a limb from working around pinch points and other moving parts
Being overcome by anhydrous ammonia
Falling from heights without a fall protection harness
Being in an accident on the rural farm-to-market roads while driving heavy equipment
Dying from exhaustion after putting in long hours during harvest

ARTICLES OF INTEREST

NSC: Data Still Shows Dangers of Farming, Editorial Staff
Danger on the farm, Rick Ruggles, World-Herald Staff Writer
Farmed And Dangerous, Coastal Alliance for Aquaculture Reform
Accidents a reminder of farming dangers, Jennifer Ewoldt, The Quad-City Times
Farm Safety, Kids Health
The Dangers of Farming, Local Harvest
The Dangers of Industrial Farming, Bryan Welch, Mother Earth News

Question: How is negligence determined in personal injury cases?

Steve Lombardi — Fri, 25 Nov 2011 05:00:41 -0600

Question: How is negligence determined in personal injury cases?

Does negligence have to be established in order to collect damages in any personal injury case?

]]>Answer: Negligence is a legal concept that establishes whether or not a party can be at fault and thus have to pay for someone else's damages. Yes, you have to prove someone was negligent in order to have any possibility of collecting damages. So what is negligent behavior? Negligent behavior is a breach of a recognized standard created by law, agreement of the parties or recognized behavioral standards.

Statutes and Black Letter Law: The statutory law states that everyone must stop at a stop sign. If you run the stop sign you are negligent.

Common Law: If you behave in such a way as to increase the risk of injury to another knowing injury is likely then you can be found to have been negligent.

Contract: General contractors agree by way of a written agreement (the contract) to supervise the construction site and to make sure every subcontractor is abiding by OSHA's rules and regulations. If the GC knows a sub is not following OSHA rules/regs or fails to monitor whether the subs are adhering to OSHA rules they can be found to be negligent.

Criminal Law: Criminal law says if I walk up and punch you in the nose I'm guilty of assault and battery. If I walk up to one guy but hit another due to my being too drunk to make a straight punch, then I'm probably negligent. That's a standard that can be applied to civil law to find you acted negligently.

Professional Standards: Professionals are held to a standard created and recognized by other professionals and the associations that govern their conduct.

These are not all the ways standards are found in the civil law, but it will give you some idea of how standards are determined to exist and therefore formulate the basis for determining negligent conduct.

Personal Injury News on The Edict from Central Iowa - November 5, 2011

Steve Lombardi — Wed, 09 Nov 2011 04:11:45 -0600

The dangers of Anhydrous work - In Pilot Mound, Iowa a Boone County farmer died a 74-year-old man, Richard Shaw died after exposure to anhydrous ammonia leaking from a faulty hose. It’s the nitrogen that makes good fertilizer but it can also cause skin, eye and lung damage when a person is exposed to it. As the Des Moines Register article points out accident prevention is about maintenance. If this man were an employee his widow would be entitled to workers’ compensation benefits, assuming the farmer bought the coverage. Buying workers’ compensation insurance can be an inexpensive way to ensure life, limb and medical care. Get a quote for your own and your spouse’s sake.

Grade School Bus Accident - In Janesville, Iowa an 11-year-old boy, Justin Bradfield got off the bus, dropped something and then ran in front of the bus, was struck and killed. The driver is not being charged, at least not yet, the article indicates the matter continues to be under investigation by the Iowa State Patrol. Questions about the driver’s focus and understanding of which way the boy would normally head home will be of interest. A photograph of young Justin can be seen by following this link. That article discusses the Kensett school bus death from May 10, 2011 involving Aaron Gunderson, 32 of Northwood. The article indicates vehicular homicide charges by operating a motor vehicle while intoxicated and then leaving the scene of an accident can be criminal sanctions for this type of accident. Drivers always have to keep a watchful eye on disembarking students. Update: No charges are expected against the bus driver or the school.

]]>Driver Distractions - In St. Ansgar, Iowa a Stacyville teen died when her car ran right into the back of a school bus. She is 17-year-old Allison Marjie Smith. One has to wonder if there was a distraction inside the cab or her Pontiac Bonneville.

Slow down and leave more room to stop - Next we move onto West Des Moines, my stomping grounds and Interstate 35 where we have a multivehicle crash. In this crash for whatever reason, not explained, a southbound vehicle is described as having crossed the median and crashing into a northbound car. This article is kind of sketchy so let me check the ISP reports to see if there is at least a preliminary report. Update: The driver of what appears to be the at-fault vehicle was Danny Knowles of Des Moines. He was 58-years-old. I’m still waiting for the other drivers to be identified. Update: Police spokesman is Lt. Jim Barrett.

Trucking, give them room - One of many accidents on I-80 this one near Coralville-Iowa City around 7:30 pm killed a driver. This is a truck driver who hit the barrier, the Jersey barrier, then rolled onto the left side and caught fire. The carrier is Dart Transportation out of Cary, Illinois. This will in all likelihood result in a workers’ compensation claim. The widow, if any, should contact the Capron & Avgerinos firm that does good work out of Chicago, Illinois. They are a firm that handles workers’ compensation injury work. If it’s Iowa benefits they need or want we can help you. 515-222-1110 or sdlombardi@aol.com. I’ll check further reports and add to this post.

Can you say carbon monoxide poisoning - A metro Ice Arena mysterious illness is probably carbon monoxide poisoning from either the Zamboni or else a fresh air intake vent. Although Urbandale police did not find elevated levels they might check out venting where the patrons were seated. I’ve seen this up north at UNI where deliver trucks would park with engines running outside the facility, a lab, and the fumes were then being sucked into the building making the lab workers sick. I’ve covered carbon monoxide poisoning previously. Follow this link to the Lombardi Law Firm search for carbon monoxide poisoning.

Unexperience and Teen Driving - Onto Winneshiek County we head, where a one-vehicle crash killed a Minnesota teen and injured several others. Riding as a passenger in a Ford F-150 pickup truck Joshua Evers, just 18 out of Rochester, Minn. died as a result of personal injury caused by the collision. ” The injured include the driver, Brenden Christensen, 18, of Winnebago, Minn.; Bobby Wild, 19, of Lansing, Ia.; Shenyse Tharp, 18, of Holy Cross, Ia.; Trey Dylsin-Hillyer, 18, of Frost, Minn.; Keisha Kerr, 19, of Postville, Ia.; and Kristin Easley, 19, of Preston, Minn.”

According to the article from the Register Christensen was the driver and failed to negotiate the curve at 245^th Avenue to the north of 200^th Street. The accident happened at around 9:15 a.m.

Medical condition while driving - From northeastern Iowa we go again to central Iowa and specifically to Ames, Iowa and back again on I-35. In this car or bus accident the rock-band bus for Georgia rock band Widespread Panic died of a medical condition just prior to a series of collisions. I’ll update this post with names when I locate the accident report. I keep trying to persuade my wife that we should buy a rock band bus, make fake rock concert tickets and t-shirts, then get on the road giving them away. All across the country we will take pictures of people with promoting gullibility and having a great time. Update: Interesting enough this chain reaction is described as common when people driver and fail to leave enough room between the front of their car or truck the rear of the one to the front. Add speed and you’ve got a recipe for disaster.

Watch the road - On U.S. Highway 59 Marcella Schwery, 68 from Panama is thought to have crossed the center line hitting a car being driven by Christina Cotant, 26 of Avoca. It looks like three people were killed including Robert Schwery, 71 of Panama. Check out the article here. If the cause of this head-on collision is accurate then Schwery would be the at-fault driver, although if there was a medical emergency she may not have been excused from her fault. Interesting huh?

Playing by the rules - More charges came out of Polk County over the filmmakers’ use of tax credits. See the article here. These have to do with two California filmmakers. Can you say black eye?

The Economy makes people do stupid things - From Iowa Orchard we have the Great Pumpkin caper and 220 pumpkins going missing. Seems like a sign of these bad economic times.

The Cow Jumped Over The Moon

Steve Lombardi — Mon, 07 Nov 2011 04:00:05 -0600

My office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa. The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help.

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

]]>Does branding help? Not much. Many cows are identified by ear tags that all farmers use. The numbering system is antiquated, non-descript, confusing, non-sequential and intended to leave room for denying ownership – should that become convenient.

Yet everyone knows how many cows they own, where they are and I'm sure someone took a tax-write-off for a dead cow. Still no one is missing a cow.

What about tax write-offs for death and depreciation schedules? You'd be surprised how many floods rural Iowa has and how many farmers keep their tax returns in locations in the house that flood. File one of these suits and you'll soon see the flooding in Iowa’s farm basements is Biblical. Noah must be living in the basements of Iowa's farms.

Anytime you read of such a case and either know the family involved or the family comes to you for advice DO NOT SIT ON THE CASE. If you don't know what to do get someone involved that does and do it quickly. If you really don't understand the case law or proof problems refer the case and move on with your practice. Like I said the proof problems are extremely difficult and the paper trails are for the most part in the hands of farmers who don't give them up very easily.

I’ll bet if I was rustling cattle everyone would know whose cow it is that I stole. Moooooo...

The local Sheriff, a farmer and their tax preparer. Iowa's best and brightest. Do as I say not as I do.

ATV Accidents, Brain Damage, Broken Legs and Death

Steve Lombardi — Wed, 02 Nov 2011 04:02:30 -0600

We’ve previously covered ATV accidents, ATV accidental death and ATV accidental injuries in Iowa. Follow this link to read articles on the Lombardi Law Firm website. You may also go to our site and do a search in the search box. Just enter the search term ‘ATV’ and it will list the articles.

Parents can do what they want (Like motorcycle riders saying they have a Constitutional right to ride without a helmet.) and allow their children to ride ATV’s without any supervision. As the parent that’s your choice but when your child is seriously injured or killed don’t come back to my office complaining because society isn’t picking up the tab or the ATV manufacture’s should have known and sold a safer adult toy. If you have a legitimate case I'm all ears, but when you're the owner of the ATV and it's your kid who isn't being supervised, I've got issues with your case. These are dangerous vehicles and everyone is on notice of just how dangerous they are in the hands of a kid. Don’t get me wrong, we represent injured kids and their parents when passengers are injured by inexperienced youthful drivers. We do and we do well in that regard, but I have little time for whining when it comes to the owners allowing their children to ride with passengers who are killed or seriously injured from horsing around on an ATV. If your child is riding you should be there watching and supervising. We all know what it’s like to be a child; after all we were all children.

Passenger or guest driver cases are a better case to handle.

]]>For additional articles on ATV safety and personal injury read these articles and visit KCRG, the Des Moines Register, KCCI, Radio Iowa and also our friends in Texas at Perlmutter & Schuelke .

1. ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER

www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe...

ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ...

2. Helpful Internet Safety and Personal Injury Resources | Lombardi ...

www.lombardilaw.com/resources.cfm

ISP. Hoefs Fatality. Blocking Roadway I-80 · November 28, 2010 Montgomery County Crash - Passing at Hill's Crest · ATV Safety is not a matter of luck ... You've visited this page 6 times. Last visit: 10/24/10

3. We are thinking of buying an ATV, what Iowa laws must we follow?

www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io...

No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ...

4. What rules will apply to using an ATV on public lands in Iowa?

www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-...

For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ...

5. Another ATV Accident in Grundy County, Iowa

www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io...

Sep 26, 2011 – Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ...

6. Another Iowa ATV death from the Cedar Rapids area

www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra...

Jul 4, 2011 – Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

7. Which State Parks in Iowa allow ATV's?

www.lombardilaw.com/faqs/which-state-parks-in-iowa-allow-atvs.cfm

If you intend to ride an ATV, dirt bike, or an ORV on public land the ATV must be registered. Nonresidents must display an Iowa nonresident user permit.

8. ATV, Bike & Motorcycle Accidents Blog

www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/

Another ATV Related Death in Sioux Center, Iowa ... On the ATV was a five year old passenger. ... Sioux Center boy dies in ATV accident, October 5, 2011. ... You visited this page on 10/6/11.

9. Some bad ATV crashes | Lombardi Law Firm

www.lombardilaw.com/video/some-bad-atv-crashes.cfm

Mar 22, 2009 – If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us.

10. ATV Accidents | Lombardi Law Firm

www.lombardilaw.com/video/atv-accidents.cfm

Mar 22, 2009 – There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ...

Another ATV Related Death in Sioux Center, Iowa

Steve Lombardi — Sat, 08 Oct 2011 05:50:25 -0600

This time it was a 12 year old boy from Sioux Center. The news report has the youngster losing control and striking a utility pole. On the ATV was a five year old passenger. This story brought to us by Radio-Iowa. Sioux Center boy dies in ATV accident, October 5, 2011.

For additional information about parent supervision, safe riding habits, safety training courses and wearing helmets read these articles.

]]>

Helpful Internet Safety and Personal Injury Resources | Lombardi ...

www.lombardilaw.com/resources.cfm

ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ...

What rules will apply to using an ATV on public lands in Iowa?

www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-...

For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ...

Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ...

www.lombardilaw.com/

ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ...

ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER

www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe...

ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ...

We are thinking of buying an ATV, what Iowa laws must we follow?

www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io...

No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ...

Another ATV Accident in Grundy County, Iowa

www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io...

Sep 26, 2011 – Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ...

Some bad ATV crashes | Lombardi Law Firm

www.lombardilaw.com/video/some-bad-atv-crashes.cfm

Mar 22, 2009 – If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us.

ATV, Bike & Motorcycle Accidents Blog

www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/

Another Iowa ATV death from the Cedar Rapids area. Iowa personal injury ... 515-222-1110. Labels: accidents ATV injury iowa lawyer personal. 6/23/2011 ...

ATV Accidents | Lombardi Law Firm

www.lombardilaw.com/video/atv-accidents.cfm

Mar 22, 2009 – There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ...

Another Iowa ATV death from the Cedar Rapids area

www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra...

Jul 4, 2011 – Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

Sir, would you like a large fry with that lawsuit?

Steve Lombardi — Mon, 03 Oct 2011 05:00:39 -0600

There are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.

A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

]]>On the other hand twenty minutes into the snow storm, you fall, it’s a loser. Does that make sense to you? It should, just think like a property owner - and a juror.

But have the building owner drain melting snow and ice across the walk to the entranceway door and you are now talking about an artificial condition that increases the risk of injury to customers. That’s a winner, but the 20” into the snow storm case isn’t. You get my drift. (Ooo bad pun.)

So when a potential client phones a lawyer saying they tripped on something, then fell and injured themselves, but has no photographs of the condition and frankly have no clue about why they tripped – that case is going nowhere fast. That’s not a case we can take and it’s certainly not a case you can win. It won’t end up on my docket.

Before you call the lawyer ask yourself this question: What did I trip or slip on and is it an artificial condition that increased the risk of injury?

And one more thing, don’t believe for a second that your case won’t be characterized by the insurance adjuster and the business owner as frivolous. Because it will be. There seems to be a huge disconnect between our clients thinking somehow the laws they voted for won’t be used against them because their case is - drum roll please - not frivolous. To the insurance industry your claim no matter what the facts is frivolous. Trust me you’re no different than the guy you characterized as having a frivolous lawsuit. So don’t assume for a second that you will be treated differently than other people – in this there is a huge disconnect.

So this week's call had this as a part of the discussion. I asked what made the woman fall and he said, "What difference should it make what made her fall?"

Are you kidding me? Do unto others my friends, as you would have them do unto you.

This is our challenge - how do you argue the Golden Rule, without arguing it? Or how do we change the Supreme Courts mind about being able to argue the Golden Rule?

You are all part of the McDonald’s Coffee Case Syndrome. Get used to it. Now can I Supersize that lawsuit sir?

10 Most Common Causes of House Fires

Steve Lombardi — Wed, 20 Apr 2011 05:00:23 -0600

I received an email from Allen Wright, who works with a home monitoring company advising they had created a post on the ten most common causes of house fires. In line with my posts on mobile home fires it appears this one should be noted. Follow the link to read the entire article.

10 Most Common Causes of House Fires

1. Cooking

2. Kids playing with fire.

3. Smoking

4. Heating

5. Electrical

6. Candles

7. Fireplace

8. Dryers

9. Flammables in the home.

10. Christmas trees

Visit Home Alarm Monitoring to read the descriptions.

Honesty and fairness have nothing to do with insurance defense - HONEST!

Steve Lombardi — Tue, 19 Apr 2011 05:00:36 -0600

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

Updated: This is too funny. I had a link to an insurance company's YouTube ad and they actually took it down so I could not tag them with how deceptive it is. Can you believe it? Yeah that's what they do. They advertise when they need more money, lie to you the premium payer and then when we lawyers point it out they take down what they said to erase the lie. That's reality folks, that's the insurance industry.

]]>For defense lawyers to represent the interests of insurance companies the DL (that's industry jargon for defense lawyer) must take advantage of every mistake you make, to exploit every bit of ignorance you have and to use every misconception you think about this being about fairness.

In other words the defense lawyer's job is to treat you in a way to take advantage of your ignorance of the law as well as your mistakes. Frankly because this isn't about fairness their job is to treat you unfairly. Ethically they can, do and must treat you unfairly as most people think about the idea of fairness.

Fairness dictates honestly and with openness and candor. But ethics require the lawyer to maintain confidences provided by the client. I as your lawyer have to be candid and open with my client and if you're my client I act ethically. But the insurance company's lawyer isn't your lawyer and you the injured person aren't his client. So candor isn't going to be happening between the two of you. That's not the hand of a friend reaching out to shake your hand; the handshake being a sign of friendship, but this one is not one from a friend. Never confuse friendliness with friendship. The two are not one and the same.

The defense attorney or the insurance company representatives are like the slithering snake that delivers the poison being slipped into the wine goblet from which the injured drink. Now you understand the legal concept of "fairness".

What's a bird on a wire?

Steve Lombardi — Mon, 11 Apr 2011 05:09:14 -0600

You could also ask what’s a faraday cage? This is really an interesting video.

High Power Electrical Line Maintenance Worker or their Instructor – On a magic carpet. Remember this because you'll need to know about the Faraday Cage later today.

Premise Liability Claims - Pit Bulls, Attacks, Maulings and Killings

Steve Lombardi — Mon, 07 Mar 2011 05:05:44 -0600

A few years ago it seemed whenever we filed dog bite cases we’d get contacted by local owners of vicious dogs along with the national and local dog owner’s associations, who would tell us we had it all wrong. They would then go on ad nauseam about how a 4-year-old had teased the dog and that the mauling of a toddler was somehow justified. As if the 4-year-old should have known better and that parents who allowed their children to play outside in their own yards, were somehow bad parents. Give me a break. I’d listen to them just for the pleasure of knowing how moronic my opponents were. For several years I haven’t had to put up with this nonsense and it seemed like the number of attacks has been decreasing or at least these stories were out of the news. But this week it seems like the tide has finally come back ashore – there is even the ring tone Rottweiler dog attack. And in Hopkinton a 3-year-old girl has been killed by two Rottweilers. Why does anyone need a viscous dog?

]]>KCCI-TV 8 has a story, “More Pit Bull Attacks Reported”, March 4, 2011 with video, detailing how four dogs are dead and two people are injured from bites by vicious dogs. And then there is March 4, 2011: Owner: Pit Bulls Killed My Dog.

If you’re interested in how many dog attacks, maulings and killings there are here are a few suggested sites to check out. But I will caution you of the graphic nature of what is on these sites. You wonder why I would do this, but until you've seen what these dogs do to a child you have no idea of how permanent the injuries and emotional scars the victims suffer.

Don’t Let This Happen To You
DogsBite.org – The victim photographs on this site are really horrible so use caution when opening this site.
Dangerous Dogs by dogbite.org.

Legal Advice - Take no chances when a neighbor harbors a vicious animal.

If you’re attacked by a vicious dog hire a lawyer because the insurance company is not your friend; far from it.

If you’re attacked by a vicious animal take photographs of the injury.

If attacked go to the pound and take a video of the dog to show it’s viscious nature, before it’s put down.

Check with the local police and the neighbors to get witness names and the dates of other attacks by the same dog.

Contact your own insurance company and file a claim.

Carry insurance on your rental property to cover this type of claim.

Report all attacks to the proper authorities.

Do not confront a viscous animal.

Keep your young children away from these the neighbor's dog and report them to the police or sheriff's office every time they even growl in your children's direction, till the powers-that-be do something about it.

Do not talk with the dog’s owner or their insurance company before hiring a lawyer.

News stories include:

1 dog shot, 2 euthanized after fight

...One dog was shot by police and two others were euthanized last week following a dog attack in Ankeny.

from DesMoinesRegister.com - NEWS - Mar 4, 2011 (yesterday)

Pit bulls found standing over dead dog

...take her dog for a walk Thursday morning discovered her pet dead in its pen with two stray pit bull terriers standing over it.

from DesMoinesRegister.com - NEWS - Mar 4, 2011 (yesterday)

Pit bulls attack, kill Des Moines couple's dog

...take her dog for a walk this morning discovered her pet dead in its pen with two stray pit bull terriers standing over it.

from DesMoinesRegister.com - NEWS - Mar 3, 2011 (2 days ago)

Owner: Pit Bulls Killed My Dog

...Des Moines dog owner said two pit bulls attacked and killed her dog on Thursday.

from Des Moines, IA news from WHO-TV- msnbc.com - Mar 4, 2011 (yesterday)

Owner: Pit Bulls Killed My Dog

...Des Moines dog owner said two pit bulls attacked and killed her dog on Thursday.

from KCCI.com - Local News - Mar 4, 2011 (yesterday)

Mount Pleasant council spares dog spooked by ring tone

...A dog whose attack on a friend of its owner was apparently triggered by a cell phone ring tone has been given another chance to stay in Mount Pleasant.

from DesMoinesRegister.com - NEWS - Mar 1, 2011 (4 days ago)

Owner: Cell Phone Ring Tone Triggered Dog Attack

...A dog whose attack on a friend of its owner was apparently triggered by a cell phone ring tone has been given another chance to stay in Mount Pleasant.

from KCCI.com - Local News - Feb 28, 2011 (5 days ago)

Grand jury indicts Miss. dog owner on manslaughter charges in ...

‎
The Republic - 1 day ago A Pontotoc County man has been indicted in the death of a neighbor attacked by pit bulls. A special grand jury returned the indictment of manslaughter ...

Pit Bull Attacks Baltimore Police Officer

‎
Officer.com - 3 days ago. Baltimore County police are searching for a white pit bull that was involved in an attack on a police officer in the Towson area on Monday. ...

Owner Charged After Pit Bull Attacks Child

‎
WJAC Johnstown - 2 days ago

Police have charged an Altoona woman in connection with a pit bull attack in February that left a 10-year-old boy seriously injured. ...

Man rescues woman, pet from pit bull attack

‎
HollandSentinel.com - Dennis R.J. Geppert - 1 day ago

23, he saw a pit bull was attacking the border collie and the woman was screaming for help. “I just jumped in between the dogs and the pit bull backed off,” ...

Pit Bulls Attack Evansville Woman

‎
Tristatehomepage.com - Drew Gardner - Feb 25, 2011

FOX 7 has received at least two other calls this week from viewers complaining that stray pit bulls have attacked their dogs. Friday morning's attack seemed ...

Woman charged in pit bull attack

‎
Altoona Mirror - 2 days ago

An Altoona woman was charged Monday after police said her pit bull attacked a 10-year-old Juniata boy Feb. 18 at her residence. Tiffany M. Ellis, 29, ...

Bail raised for man accused of ordering dog attack

‎
Buffalo News - Thomas J. Prohaska - 1 day ago

LOCKPORT — Teron Moore, a Niagara Falls man accused of bringing a pit bull dog to his ex-girlfriend's home and ordering it to attack ...

Why is an Unshielded PTO Shaft and a Woman Scorned a lot alike?

Steve Lombardi — Thu, 03 Mar 2011 05:42:29 -0600

The question asked this week was, what is a PTO, a power take off shaft and what does it do?

A PTO is a power takeoff shaft commonly found on tractors and used to transfer power from the tractor to a piece of motor-less equipment. (See also universal joints.) Farm implements that standalone, like augers and other types of grain lifts need power to turn the gears and conveyor mechanism; to do that power is provided by a tractor’s power take off hookup. The shaft is a separate piece of equipment that hooks into the rear of the tractor and then into the implement, in this case the auger. The shaft turns, and like a drive shaft as it turns the power turns gears through couplers that power the implement and make it useful for work.

]]>The large photo above shows the tractor fitting where one end of the PTO hooks in. That metal shaft is what turns and as it does the pto shaft will also turn. There is a similar hookup on the implement. The two are connected by a PTO shaft.

A properly shielded PTO shaft has a cover; if not covered it’s an accident waiting to happen and an exposed PTO can be legal grounds for punitive damages should an accident occur. Like fall protection gear the covering on a PTO shaft is intended to shield the workers from injury that sooner or later will befall busy workers. When working around a spinning shaft, assume it’s unshielded and stay as far from it as you can. Never, never, never step over a spinning PTO shaft. Loose clothing, like a pant leg, will get caught up in an unshielded spinning shaft. Trust me when I say this is not something you want to learn about while on the job.

To get a better idea of what I’m talking about I’ve included three images; below the fold is the rear of the tractor where the PTO connects, a close up view and a protected (yellow) PTO already hooked between a tractor and piece of far; implement.

If you’re wondering what types of injuries can be caused by spinning PTO shafts consider broken legs, quadriplegia, paraplegia, brain damage and if you’re lucky death. While good tools make work more efficient, they can also maim and kill workers who take them for granted. Unshielded PTO shafts are as unforgiving as a woman scorned.

Mobile Home Fire Safety

Steve Lombardi — Mon, 28 Feb 2011 05:17:42 -0600

Several years ago I represented a young lady who with her boyfriend and babies had the unfortunate luck of not having enough wealth to be able to live anywhere other than a mobile home park. The mobile park landlord was your typical slumlord and ran a crappy park. The door jamb had nails protruding to the exterior and during the time I had the pleasure of trying to improve her lot in life, a trailer two doors down burned till there was nothing left but a shell. I looked around at the trailer my client lived in and thought, "...my God it's just a matter of time." If you believe a house or mobile home fire isn’t likely to happen to you, then read the stories below the news lines below. I’m finding a lot of fire related stories lately and it's reminding of looking out the window that one very cold day. So today let’s review mobile home fire prevention and safety tips. And folks, "let's be careful out there."

Liberty Mutual has a Fire Smart page that has tips on how to protect your home and to protect your family in the even a fire does occur. The resources page has a room-by-room checklist that is interesting.

Download the Liberty Mutual Be Fire Smart Room-by-Room Fire Hazard Checklist

FEMA also has a section on manufacture homes and fire safety. It’s under the U.S. Fire Administration section of FEMA’s web site. They focus on living safely in a mobile home, planning an emergency escape route, smoke and carbon monoxide detection and alarms, fire sprinklers, electrical safety and then space heaters, fireplaces and woodstoves.

]]>Fires in manufactured homes claim the lives of over 300 Americans each year and injure 700 more. Many of these fires are caused by heating and electrical system malfunctions and improper storage of combustibles. You can prevent the loss of life and property resulting from fires in manufactured homes by being able to identify potential hazards and following the safety tips contained in the factsheets on this page.

For mobile homes there is the Mobile Home Fire Safety brochure put out by the Florida Department of Agriculture and Consumer Services. I’ve uploaded the document to the Lombardi Law Firm website resources page. This is a good summary and has a short emergency drill plan.

What is an emergency drill plan?

Plan two escape routes from each room.
Test all smoke detectors monthly.
Periodically conduct a fire drill.
Before escaping through a door during a fire feel the door to make sure it’s no hot.
Practice crawling on the floor during an escape.
Set a meeting place outside the home if a fire should occur; so you can do a head count.
Know the location of the nearest phone to call 911.

What are the main causes of mobile home fires?

Heating systems.
Electrical usage.
Cooking.
Arson.
Appliances and AC.
Smoking.

Where do most fires start?

Kitchen.
Living room.
Bedroom.
Heating room.
Underneath the mobile home.

Mobile Home Fire Avoidance

Use portable heaters safely.
Protect the walls around the stove.
Don’t smoke in bed.
Clear all debris from under the mobile home.

MOBILE HOME FIRE PREVENTION RESOURES:

Tactical Approaches to Mobile Home Fires

Mar 2, 2009 ... Editor's note: The deaths of two West Virginia firefighters last month while tackling a mobile home fire highlights the dangers involved in ...
www.firerescue1.com/fire.../457518-Tactical-Approaches-to-Mobile-Home- Fires/ - Cached - Similar

[PDF] Mobile Home Fire Safety

File Format: PDF/Adobe Acrobat - Quick View
If You ARE A Mobile Home Resident, You Should Know THIS About Fire: ... v Injuries occur more frequently from mobile home fires than others. ...
www.fl-dof.com/publications/fire_pdfs/mobile.pdf - Similar

Mobile Home Fire 9-28-2009
10 min - Sep 28, 2009
Uploaded by DFDTraining
youtube.com

Mobile Home Fire Near O'Hare Airport
3 min - Apr 7, 2007
Uploaded by Arlingtoncards
youtube.com

Mobile Home Fires - interFIRE, A site dedicated to improving fire ...

"Factors Affecting Fire Spread in Mobile Homes." Notes taken from Fire Protection Handbook, 18th Edition and Investigating the Fireground, ...
www.interfire.org/res_file/m_fse_mh.asp - Cached - Similar

USFA Manufactured Homes and Fire Safety

Fires in manufactured homes claim the lives of over 300 Americans each year and injure 700 more. Many of these fires are caused by heating and electrical ...
www.usfa.dhs.gov/citizens/home_fire_prev/manufactured/ - Cached

Police | Mobile home fire displaces family of five in Conway ...

Feb 2, 2011 ... The Coastal South Carolina Chapter of the American Red Cross assisted a family of five in Conway after a mobile home was destroyed by fire, ...
www.thesunnews.com/.../police-mobile-home-fire-displaces.html - Cached

RELATED NEWS STORIES:

Woman, daughter escape Grimes trailer fire

from DesMoinesRegister.com - NEWS

Grimes, Ia. — A mobile home fire in Grimes killed two pets Thursday night, but two people escaped unhurt. It marked the second time the family's residence was destroyed.

Fire destroys mobile home in Grimes, family escapes uninjured

...A mobile home fire in Grimes killed two pets Thursday night, but the residents were able to escape without injury. It marked the second time the family’s house was destroyed.

from DesMoinesRegister.com - NEWS - Feb 4, 2011 (20 hours ago)

2 Injured In Fire At Converted Garage In NW Iowa

Authorities said two people were injured when a space heater ignited some blankets in a converted garage in Le Mars in northwest Iowa.

from KCCI.com - Local News - 6:20 AM (1 hour ago)

Family Loses House To Tornado, Then To Fire

KCCI's Angie Hunt reports.

from KCCI.com - Local News - Feb 4, 2011 (14 hours ago)

Fire destroys mobile home in Grimes, family escapes uninjured

...mobile home fire in Grimes killed two pets Thursday night, but the residents were able to escape without injury. It marked the second time the family’s house was destroyed.

from DesMoinesRegister.com - NEWS - Feb 4, 2011 (20 hours ago)

Family Loses Everything In Fire

...Firefighters battled flames in a house fire in Grimes.

from Des Moines, IA news from WHO-TV- msnbc.com - Feb 4, 2011 (19 hours ago)

Family Loses Second Home To Fire

...Mound caught fire early Thursday, forcing a family inside to evacuate.

from KCCI.com - Local News - Feb 4, 2011 (21 hours ago)

Fire officials steer toward women, minority recruits

...Fire Chief John TeKippe says.

from DesMoinesRegister.com - NEWS - Feb 3, 2011 (2 days ago)

No Injuries Reported in Fire at Happy Joe’s in Coralville

from KCRG - News - Local - Feb 3, 2011 (2 days ago)

Photos: Crews Battle Fire, Extreme Cold

from KCCI.com - Local News - Feb 2, 2011 (3 days ago)

Fire Destroys Restaurant and Memories in Oelwein

from KCRG - News - Local - Feb 2, 2011 (3 days ago)

Man is charged in fatal house fire

...a house fire where a woman died was arrested Tuesday and charged with first-degree arson, police said.

from DesMoinesRegister.com - NEWS - Feb 2, 2011 (3 days ago)

Man Shoveling Driveway Finds House On Fire

...Firefighters said a man out shoveling his driveway returned to find his house filled with smoke and flames.

from KCCI.com - Local News - Feb 1, 2011 (4 days ago)

Kitchen fire damages West Des Moines home

...Des Moines firefighters quickly extinguished a kitchen fire early Tuesday afternoon at 408 31st Street.

from DesMoinesRegister.com - NEWS - Feb 1, 2011 (4 days ago)

1 killed, 2 injured in house fire in Waterloo

...a house fire in Waterloo.

from DesMoinesRegister.com - NEWS - Feb 1, 2011 (4 days ago)

Possible witness sought in Iowa City blaze

...an apartment fire that left one firefighter injured and some residents without their homes.

from DesMoinesRegister.com - NEWS - Feb 1, 2011 (4 days ago)

Police Search for Witness to Iowa City Apartment Fire

from KCRG - News - Local - Jan 31, 2011 (5 days ago)

Police Search for Witness to Iowa City Apartment Fire

from KCRG - News - Local - Jan 31, 2011 (5 days ago)

Investigators Find Cause Of Apartment Fire

...a weekend fire at a West Des Moines apartment complex.

from KCCI.com - Local News - Feb 1, 2011 (4 days ago)

House fires have specific causes that lawyers must discover to recover.

...A house fire in Centerville caused injury to two people who were then treated at the University of Iowa Hospitals and Clinics. Three others were taken by ambulance to the same hospital. There is video and photographs available if you follow the link. The Shondel Family is mentioned in the article. The cause of the fire was not discussed in the K...

from The Verdict by Lombardi Law Firm - Jan 31, 2011 (5 days ago)

Building damage estimated at $1 million

...apartment building fire in West Des Moines are close to $1 million, fire officials said.

from DesMoinesRegister.com - NEWS - Jan 31, 2011 (5 days ago)

100 Residents Displaced in West Des Moines Fire

from KCRG - News - Local - Jan 30, 2011 (6 days ago)

Damage from apartment fire nears $1 million

...apartment building fire in West Des Moines have reached almost $1 million, counting losses to the structure and to residents' personal belongings, fire officials said today.

from DesMoinesRegister.com - NEWS - Jan 30, 2011 (6 days ago)

Apartment balcony blaze spreads through building

...after a fire ravaged a West Des Moines apartment building Saturday afternoon.

from DesMoinesRegister.com - NEWS - Jan 30, 2011 (6 days ago)

W.D.M. firefighters battling blaze at Sun Prairie Apartments

...Des Moines firefighters are battling a fire at a Sun Prairie Apartments building at this hour.

from DesMoinesRegister.com - NEWS - Jan 29, 2011 5:52 PM

Don’t make Iowa a place for American Idiots!

Post on Governor Branstad’s Facebook Page: Don’t make Iowa a place for American Idiots!

Join us to tell Governor Branstad you don’t want Iowa to be just one more American Idiot.

http://www.governor.iowa.gov/ and http://www.facebook.com/TerryBranstad

Office of the Governor
State Capitol | 1007 East Grand Ave. | Des Moines, Iowa 50319
Phone: 515.281.5211 | Contact Us

This Philly Lawyer is all about defective trailers

Steve Lombardi — Wed, 16 Feb 2011 05:52:23 -0600

This lawyer's website info looks all about errant and defective trailers that cause personal injury. If you are in Iowa I’m happy to help but when in Philly this looks like a pretty good lawyer to interview as a possible candidate to be your lawyer. Here is his email to me. Good luck.

Posted On: January 14, 2011 by Jeffrey M. Reiff

The Minimal or Non-Regulation of the Trailer Industry and Trailer Towing Requires a Complete Overhaul in Pennsylvania and Many Other States

Seemingly, the trailer industry continues to manufacture products and couplers that are devoid of federal regulation and the regulation of many states including Pennsylvania. I have noticed on my blog repeatedly that for every trailer that is manufactured under a 3,000 pound threshold there are no minimum regulatory safety or manufacturing requirements. In fact, anyone can build one, anyone can drive one and anyone can take one home in ten minutes with very little or no training.

There is another gentleman by the name of Ron Melacon who has been a consumer crusader for many years and I urge you to go to his website at www.dangeroustrailers.org for more information on this pressing issue.

]]>As one drives down our streets and highways, we often see trailers swaying in a dangerous fashion and yet local, state, and federal governments have done very little to regulate or enforce rules regulating the thousands of trailers that are hitched to vehicles that travel on our roadways on any given day. Many of these trailers are built in an improper manner creating a situation of extreme danger for otherwise unsuspecting travelers on our roadways. In the past five years, more than 123,000 individuals have sustained injuries as a result of defective trailers and trailer hitches. Additionally, there have been in excess of 342,000 damage related claims as a result of trailers that have been jettisoned or unhitched due to defective coupling devices or as a result of defectively constructed trailers.

The Philadelphia defective trailer and defective product law firm of Reiff and Bily urges the Commonwealth of Pennsylvania and the other states of this great country to pay more heed to the extraordinarily dangerous trailer and trailer hitch designs and to require additional safety devices and controls to reinforce the attachment of trailers to vehicles.

The defective trailer design lawyers at the Pennsylvania defective trailer and catastrophic injury law firm of Reiff and Bily have extensive experience representing victims injured as a result of defective trailer and defective trailer coupling devices.

If you or a family member has suffered an injury resulting from the defective manufacture or coupling of a trailer to a vehicle, please contact the defective trailer lawyers at Reiff and Bily. Our aggressive legal team of investigators and experts will offer a free consultation and bring the wrongdoers to justice to achieve the best results for you and your family. Please call for a free, confidential consultation at 1-800-421-9595 or online at www.reiffandbily.com for more information.

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