"All Personal Injury Lawyers are Not Construction Injury Lawyers."

Your Indiana Construction Accident Lawyer in Indianapolis was encouraged to read the following in the Wall Street Journal:

Why We Need Trial Lawyers: Toyota is only the latest example of lethal defects gone unaddressed by regulators.

By MARK ROBINSON AND KEVIN CALCAGNIE

The alleged need for "tort reform" has become a refrain in American political life. Yet for all the demonizing of trial lawyers, the reality is that product-liability litigation has become an ever more important means of keeping consumers safe.

Case in point: the current Toyota Motor Corp. recalls, with their attendant revelations of corporate obfuscation. This is only the most recent situation in which lethal defects have gone uncorrected for years at least in part because of insufficient government oversight.

In model after model, as we've now learned, car owner complaints were either minimized or ignored altogether by Toyota and by the regulatory agencies that were supposed to police the company. In one review of federal records, the Los Angeles Times found 2,600 complaints of sudden acceleration from 2000 to 2010 by Toyota and Lexus owners. And according to CBS, recently released internal company documents indicate that as far back as 2005 Toyota was tracing its sudden acceleration problem to its software—not to floor mats.

Yet for nearly a decade, neither Toyota nor federal regulators aggressively addressed the problem. Toyota is now likely to face a rising tide of class action lawsuits as consumers look to their historic fallback: the courts.

Regulation is crucial to the creation of a level playing field for consumers, particularly in this era of growing corporate power. But regulation alone has never been enough. Federal agencies such as the Food and Drug Administration (FDA), the Consumer Product Safety Commission and the National Highway Traffic Safety Administration have long been swamped by large work loads. And lobbyists are adept at weakening and fending off regulations.

The laissez-faire policies of the Bush administration only further weakened regulatory agencies by cutting funding and personnel, since such agencies were viewed as an impediment to private-sector growth. Government watchdogs soon found themselves so overwhelmed and undermanned that they could scarcely do their jobs.

Consider the FDA. By the mid-2000s, the FDA's caseload extended to more than 11,000 existing drugs, some 100 new drugs a year, and a breadth of products from food to vaccines to medical devices that comprise approximately 25% of all consumer spending.

Resources were stretched so thin that a 2006 report on drug safety by the Institute of Medicine of the National Academies found that the FDA simply couldn't ensure the safety of new prescription drugs. The reasons given? Inadequate funds, cultural and structural problems, and "unclear and insufficient regulatory authorities."

The FDA is just one example. Until April 2009, federal motor vehicle safety standards were so weak that many vehicles could comply and still sustain severe roof collapse from a force equivalent to a 5 mph parking lot collision. Similarly, drivers and passengers are far too frequently ejected in rear-end collisions because the minimum standard for automobile seatback strength is so low that many folding lawn chairs can pass the test.

The recession threatens to further starve the agencies responsible for consumer safety, even as the tough economic climate subjects manufacturers to brutal competition and discourages them from investing in product safety on their own.

As a result, consumers are increasingly left with the courts not only to compensate them when the regulatory system fails to protect them, but also to deter manufacturers from cutting corners in the future.

Product liability lawsuits have played a crucial role in ensuring public safety, encouraging—and sometimes compelling—manufacturers to put safety first. A 1988 survey of 264 CEOS of manufacturing companies found that a third had improved their product lines as a result of the threat of litigation, 35% had improved product safety, and 47% had improved warnings to consumers.

At the same time, such lawsuits have provided important assistance to agencies overseeing product safety. Litigation involving defective products has increased access by regulators and the public to critical safety information about particular products. This has resulted in stronger regulations, safer new products, and the removal of dangerous products from the market. Just last year, in Wyeth v. Levine, the Supreme Court noted that state tort suits "can serve as a catalyst" for regulatory action.

Litigation has not only advanced public safety, but has encouraged improvement in products almost too numerous to mention: air bags, seat belts, child safety seats, tires, minivan doors, hot water vaporizers, children's pajamas, farm machinery, firearms, building materials, tobacco products, intra-uterine contraceptive devices, tampons, sleeping pills, anti-depressants, pain medication, appetite suppressants and many more. Toyota is just another sign of how much work remains to be done.

Strong product liability laws remain vital to public health and safety—no matter how passionate the political debate on tort reform.

Mr. Robinson, managing partner at Robinson, Calcagnie & Robinson in Newport Beach, Calif., has represented plaintiffs in the Ford Pinto, Vioxx, major tobacco and other cases. Mr. Calcagnie is a senior partner at the firm.

Copyright 2009 Dow Jones & Company, Inc. All Rights Reserved

While my practice focuses on injured construction workers and thier families, the same truth applies: If Insurance Companies were fair, no one would need lawyers. Sadly, they are not and people do.  If you are a loved one were injured in a construction accident involving Iron Work, Scaffolding, Trench Collapse, Cranes, Road Construction or Masonry,  I am happy to tell you if you have a case. If  you are in Indiana, we represent injured construction workers in Indianapolis, Fort Wayne, South Bend, Terre Haute, Evansville and everywhere in between. Please BE SAFE and call for a FREE CASE EVALUATION using our TOLL FREE Number!

Thanks,

John 
 

Fatalities and serious injuries can occur if cranes are not inspected and used properly. Many fatalities can occur when the crane boom, load line or load contacts power lines and shorts electricity to ground. Other incidents happen when workers are struck by the load, are caught inside the swing radius or fail to assemble/ disassemble the crane properly.

• Cranes are to be operated only by qualified and trained personnel.
• A designated competent person must inspect the crane and all crane controls before use.
• Be sure the crane is on a firm/stable surface and level.
• During assembly/dis assembly do not unlock or remove pins unless sections are blocked and secure (stable).
• Fully extend outriggers and barricade accessible areas inside the crane’s swing radius.
• Watch for overhead electric power lines and maintain at least a 10-foot safe working clearance from the lines.
• Inspect all rigging prior to use; do not wrap hoist lines around the load.
• Be sure to use the correct load chart for the crane’s current configuration and setup, the load weight and lift path.
• Do not exceed the load chart capacity while making lifts.
• Raise load a few inches, hold, verify capacity/balance, and test brake system before delivering load.
• Do not move loads over workers.
• Be sure to follow signals and manufacturer instructions while operating cranes.

For more complete information:

Occupational Safety and Health Administration

U.S. Department of Labor
www.osha.gov (800) 321-OSHA

OSHA 3267-09N-05

While there is a lot more to know about preventing Crane accidents, these are important tips to keep you safe and get you home at the end of the day.

If you can avoid a construction accident, please do.
If it is too late, Please call. I have represented hundreds of Indiana  Construction workers, union and non union, in crane accidents, trench collapse accidents, iron-worker falls, mason falls from scaffolds, heavy equipment accidents and road construction accidents. Although  our office in Indianapolis, I have represented injured construction workers and their families in South Bend, Fort Wayne, Terre Haute, Evansville and Bloomington.  No lawyer can guarantee a great result, only great effort. I will do my damnedest to get you and your family everything they deserve if you have been injured in a construction accident and need a construction accident lawyer. BE SAFE, call when you need help. FREE CASE EVALUATION!

John

Top 10 OSHA Safety Violations for 2009

Work Zone Traffic Safety

• Traffic control devices, signals, and message boards instruct drivers to follow paths away from where work is being done.
  
   
• Approved traffic control devices, including cones, barrels, barricades, and delineator posts are also used inside work zones.

29 CFR §1926.502(i)(3). 29 CFR §1926.502(i)(4).[1] 29 CFR §1926.501(b)(1). requires holes to be covered and clearly marked.  Here, our construction worker was injured in the process of covering the hole  to make it safe for other workers. Fortunately we were able to obtain a favorable settlement from the insurer of the general contractor responsible for safety in excess of the worker's compensation benefits that will help our client get his life back in order.

Fall accidents such as this one are too common in Indiana, and make up a large portion of your Indiana Construction Accident Lawyer's Practice.  Iron Workers, Masons, Painters, electricians and plasterers all have work injuries from falls, often fatal ones.

If you or a family member has been involved in an Indiana Construction Injury, in Indianapolis, Terre Haute, Fort Wayne, South Bend, Evansville or anywhere in Indiana, I would be happy to meet with you for no charge to see if you have  a case, or if worker's compensation is your only remedy. If I can't help you, I will find someone who can. BE SAFE and have a great Labor Day weekend. I am taking my son to the Auburn Car show, should be fun!

John     

 

Your Indiana Construction Accident Lawyer was recently honored by Iron Workers Local 22  for his efforts on behalf of injured iron workers by a plaque stating " With Sincere Appreciation for Your Time & Commitment to Iron Workers Local 22." It now hangs proudy in my office at the Construction Accident Law firm in downtown indianapolis.

• Safety glasses or face shields are worn any time work operations can cause foreign objects to get in the eye. For example, during welding, cutting, grinding, nailing (or when working with concrete and/or harmful chemicals or when exposed to flying particles). Wear when exposed to any electrical hazards, including working on energized electrical systems.
• Eye and face protectors – select based on anticipated hazards.

• Construction workers should wear work shoes or boots with slip-resistant and puncture-resistant soles.
• Safety-toed footwear is worn to prevent crushed toes when working around heavy equipment or falling objects.

• Gloves should fit snugly.
• Workers should wear the right gloves for the job (examples: heavy-duty rubber gloves for concrete work; welding gloves for welding; insulated gloves and sleeves when exposed to electrical hazards).

• Wear hard hats where there is a potential for objects falling from above, bumps to the head from fixed objects, or of accidental head contact with electrical hazards.
• Hard hats – routinely inspect them for dents, cracks or deterioration; replace after a heavy blow or electrical shock; maintain in good condition.

• Use earplugs/earmuffs in high noise work areas where chainsaws or heavy equipment are used; clean or replace earplugs regularly.

For more complete information:

Occupational Safety and Health Administration

U.S. Department of Labor
www.osha.gov (800) 321-OSHA

PPE Saves lives.  If you or a family member was involved in a construction accident in Indiana, please call for a FREE CASE EVALUATION. Worker's Comp is a band aid, but not a cure for the financial devastation a construction accident can cause  to a family.  Our Construction Accident Law firm Indiana represents injured iron workers, masons, laborers, electricians, roofers and other trades in Construction accidents throughout Indiana, including Indianapolis, Fort Wayne, South Bend, Terre Haute and Evansville.  We will help you rebuild your life.