Being Safe in the Summer - Law Offices of Richard J. Serpe, PC

Being Safe In The Sun Newsletter

IN THIS ISSUE STAND UP PADDLEBOARDS:

ONE IMPORTANT LAW, AND ONE STRONG SUGGESTION HERE’S OUR VOTE: THERE ARE DANGEROUS BREEDS OF DOGS! Summer Driving means more dangerous roads

SUMMER SAFETY IN AND AROUND WATER AVOID A COMMON SUMMER INJURY FROM LAWNMOWERS:

FIRST TIP: DON’T TIP!

serpefirm.com

Issue 1.05 Official Magazine of Law Offices of Richard J. Serpe, PC

STAND UP PADDLEBOARDS:

ONE IMPORTANT LAW ONE STRONG SUGGESTION If you have not tried

a STAND UP PADDLEBOARD (“SUP”),

you really should. Great fun, great exercise, and no gasoline required. The initial challenge to find balance passes quickly and you can paddle further and ride waves as you progress. Pretty cool!

MY FRIEND, TIM, WAS PULLED OVER ON A SUP LAST YEAR BY THE COAST GUARD FOR A FRIENDLY REMINDER THAT HE NEEDED A PERSONAL FLOTATION DEVICE(O.K. ONE MORE ACRONYM, “PFD”) WHILE RIDING A SUP. SERIOUSLY, PULLED OVER ON A PADDLEBOARD.

But as you move out beyond swimming areas to navigable waters with boat traffic etc., the rule makes more sense.

Last summer, several SUP riders were carried out from shore by strong wind and current.

Add a change in the weather, and a setting sun and the items on the list start sounding a lot saner.

If you are under 12, you must wear the PFD. It is the law. Tell your kids it is non-negotiable. If The United States Coast Guard you are over 12, you must have has officially classified stand up the PFD with you. Many padpaddleboards as a vessel. This dlers are now equipping their classification requires you to boards with bungee tie down comply with federal Navigation straps. Pack your required Rules when operating beyond items, and consider a dry bag the limits of a swimming, surfwith additional items including or bathing area. Adult pading your cell phone, a power dlers are required to have: bar, and a bottle of water. If you are paddling a bit further from A PFD shore, consider A SOUND SIGNALING DEVICE (WHISTLE) a compass, a A VISUAL DISTRESS SIGNAL flare and a sigA NAVIGATION LIGHT (FLASHLIGHT) naling mirror.

If you are considering cold weather paddling, Sound crazy to you? If you are the list gets a bit more coma newbie and close to shore, plicated. (Contact us for some you may not need to comply. suggested reading.)

THE LAW

02 \\

A STRONG SUGGESTION

When you are around other boat traffic, visibility is a critical factor. You will hear and see boats long before they will see you. Add alcohol, noise and some distractions (pulling a skier or float?) and you have the recipe for a collision. A critical factor in boating collisions is visibility. Studies have shown that visible paddles assist boaters in more quickly identifying a paddler. A white blade on a paddle provides a “paddle flash” which aids visibility.

Many paddles now manufactured are carbon fiber and dark in color. Strongly consider adding reflective tape to paddle shaft and blade. The movement, or flash, or a highly visible or reflective paddle could make the difference between a horrible collision, and a safe return to shore.

Being Safe in The Sun Newsletter | Law Offices of Richard J. Serpe, PC

RICHARD J. SERPE Over 20 years ago, Richard Serpe obtained a post-law school degree in maritime law. Injuries and accidents on the water, both for commercial and pleasure vessels, provide unique challenges that land lubber lawyers are ill equipped to navigate. If you or someone you care about has been injured on the water, please contact us to discuss your rights under the maritime law. More information is also available on our website: www.VirginiaMaritimeLawyer.org

HERE’S OUR VOTE:

YOU ARE OUT ON A BOAT. THE WIND IS IN YOUR FACE. THE SUN IS ON YOUR BACK. AND YOU ARE PROBABLY NOT WEARING YOUR LIFE JACKET. It is so tempting to go boating without wearing your life jacket, especially when the weather is nice and the water is calm. Life jackets today, however, come in many sizes and fits and some are thinner and more comfortable than the life jackets we wore as kids.

There are rules and regulations from the U.S. Coast Guard and each state regarding the use of life jackets.

Under the U.S. Coast Guard regulations, a boat must have a Coast Guard approved life jacket for each person onboard and boats 16 feet and over (except canoes and kayaks) must have a Type IV approved throwable life jacket. Also, some states require children below a certain age to wear the life jacket while on board the boat.

Why then, should we wear our life jacket when U.S. Coast Guard regulations only require that life jackets be onboard the boat? Life jackets should be worn while boating because life jackets SAVE LIVES. Consider the following instances:

YOU ARE THROWN FROM THE BOAT WHEN ANOTHER BOAT COLLIDES INTO YOUR BOAT; YOU EXPERIENCE ROUGH SEAS OR BAD WEATHER COMES UNEXPECTEDLY; YOUR BOAT HITS JAGGED ROCKS AND YOUR BOAT CAPSIZES; YOU ARE FISHING AND YOU UNEXPECTEDLY LOSE YOUR BALANCE; YOU ARE THROWN INTO FREEZING WATER. These are just a few instances when a life jacket could be a real lifesaver.

THERE IS A GREAT DEBATE ABOUT WHETHER CERTAIN DOGS ARE MORE DANGEROUS BY BREED. A PIT BULL LOVER WILL TELL YOU THAT NO DOG IS DANGEROUS UNLESS IT IS TRAINED TO BE DANGEROUS. A VICTIM OF A PIT BULL ATTACK WILL TELL YOU THAT PIT BULLS ARE VICIOUS BY NATURE AND SHOULD NOT BE KEPT AS PETS. THE TRUTH IS ALL DOGS CAN BE DANGEROUS. Unfortunately for the pit bull lovers out there, it is undeniable that pit bulls contribute to the majority of dog bite related fatalities. According to a dogsbite.org study from 2013, there were 32 U.S. dog bite fatalities and pit bulls contributed to 78% of them. Interestingly, pit bulls only make up for 6% of the dog population in the U.S. There are also other dangerous breeds; Rottweilers, killed 33 people from 2005-2013 and in 2013, the

THERE ARE DANGEROUS BREEDS OF DOGS!

combination of Pit Bulls, Rottweiler and Bull Mastiffs accounted for 88% of all dog related fatalities. Another breed of dog that has dangerous propensities is the Chow. The Chow was bred in China as a hunting dog. This dog breed is the most primitive breed descending from the Wolf. The deep set eyes of the Chow make these dogs very easy to startle or irritate unintentionally. This breed can be very dangerous.

Now that we have covered dangerous dogs, it is important to consider other dog related injuries. Most people don’t realize how dangerous it is to have a dog off leash. Even an 8 pound Yorkie can get underfoot and cause someone to fall and get hurt. In many cases, a dog breaks loose from its owner and then excites another dog who is being walked by its owner causing a fall which can result in serious injury.

With summer here, it is important to remember that many dog owners will be taking their dogs out more frequently. Be cautious with young children. Young children should be taught that it is dangerous to approach an unfamiliar dog. Some dogs do not respond well to strangers or little hands waving around them. The best approach is to keep a safe distance from unfamiliar dogs. Also, if you have neighbors that often let their dogs off leash, you can report them to animal control. When there are people unfamiliar to the dog nearby, having the dog off-leash is dangerous.

In summary, all dogs can be dangerous but some are more dangerous than others. Make sure you are always aware of your surroundings and be safe this summer!

EMILY BRANNON Emily Brannon specializes in dog bite and animal attack cases. If you’ve been bitten or attacked by someone else’s dog, contact us at 877-544-5323 or visit www.VirginiaDogBiteLawyer.com

// 03

SUMMER DRIVING MEANS MORE AVOID A COMMON DANGEROUS SUMMER INJURY FROM LAWNMOWERS: ROADS FIRST TIP: DON’T TIP! ARE YOU GETTING EXCITED FOR SUMMER?! WITH THE WARM WEATHER FINALLY HERE, FAMILIES HOPE TO DEVOUR EVERY MINUTE OF SUNSHINE AND FREE TIME WITH THE KIDS. MANY FAMILIES WILL TAKE “ROAD TRIPS” THIS SUMMER. THE OPEN ROAD, GOOD TUNES ON THE RADIO, THE WIND IN YOUR HAIR.

done at night. Nights are exponentially more dangerous on the roads. Whatever time you save by traveling at night is not worth the risk of injury or death.

All of this sounds perfect but drivers need to be wary this summer. In summer months, there are more dangers on the road, than you might think.

For example, teen drivers are far more likely to be driving in the summer. They are also more likely to be driving while fatigued and driving while distracted. In the summer months, without the daily obligations of high school, teens take to the road. Some 72% of teens report that they stay out later in the summer.

Email us at info@serpefirm.com for your free copy. The contract is focused on open communication with your teen driver. Make sure they understand the consequences of bad driving habits and reward them for good habits. As parents, of course we don’t want our children to drink or do drugs, but reality is, they might. It is so critically important that our teen drivers understand that if they do make a mistake and use drugs or alcohol, they not fear the consequence so greatly that they choose to drive rather than call their parents. Open communication is what it’s all about.

You can take precautions to ensure your family’s safety this summer. First, try to keep the family off the road during late night hours, unless truly necessary. If you are planning a long road trip with your family, try to avoid the notion that you can get so much more driving

Maybe your fear is not of long road trips but of your teen driver. Make sure your teen driver knows what you expect from them and what they can expect from you. We have created a teen driver contract for parents to use with their teen drivers.

Do you know the basic rule for how to mow a hill or slope? Well, it’s a trick question. There is not a single rule; instead, it depends on whether you are using a push mower or a riding mower.

You need to always take care when mowing on a slope, and if you are using a riding mower or lawn tractor, you should mow up and down the hill in order to avoid tipping over. On the other hand, if you are using a push mower, you should mow across the slope. This is because the danger you would be exposed to by tipping is not as great as the danger of slipping while pushing up a hill and having the lawnmower come toward you and run over your feet or another body part.

People underestimate the danger of mowing the lawn. Lawnmowers are not toys – they are dangerous tools. The Consumer Product Safety Commission has reported that in 2010 alone, there were over a quarter of a million people treated for injuries related to lawnmowers.

Lawn mower manufacturers have a responsibility to ensure that their products are safe to use. Manufacturers are required to sell lawnmowers with standard safety equipment. However, the truth is that lawn mower manufacturers will often ignore those safety features, or cut corners to save a few dollars during production. Safety features that should not be overlooked include:

THE NO-MOW-IN-REVERSE SAFETY SWITCH

which turns off the blade when going in reverse

A KILL SWITCH

that automatically turns off the blades and engine if the operator leaves the seat

A ROLL BAR,

called a rollover protective structure (ROPS), which protects the rider from being crushed if the lawn mower were to tip over

In addition, lawn mower operators have a responsibility to ensure that their machine is in good working condition, and that the yard being mowed is free of any obvious hazards that could cause injury if contact is made with the blade. Children should also be a safe distance away and with proper supervision when a lawn mower is being operated.

So enjoy your lawn this summer, but be sure to exercise care when maintaining it for the enjoyment of yourself and your family.

// 04

SUMMER SAFETY

IN AND AROUND WATER Written by ATTORNEY CINDRA DOWD Source: Centers for Disease Control and Prevention www.cdc.gov As summer nears and the weather begins to turn warm, we are all looking forward to swimming in the pool, lake, river, ocean and even having fun at local water parks. Before jumping in, however, those who have children and especially young children should remind themselves about water safety. We have all heard the terrible statistics of drownings.

According to the Centers for Disease Control and Prevention (“CDC”), “drowning is a leading cause of injury death for young children ages 1 to 4, and the fifth leading cause of unintentional injury death for people of all ages.” The CDC further reports

CINDRA DOWD

that “for toddlers (children ages 1 to 4 years), swimming pools pose the greatest risk of submersion injury.” When we read about a drowning that has taken place, we cannot help but become saddened because we all know that drownings can be prevented. We wonder what went wrong and what could have been done to prevent the needless death.

In addition to submersion injuries that lead to death, the CDC also reports that “for every child less than 15 years old who dies from drowning in a pool, another 10 receive emergency department care for nonfatal submersion injuries.” Nonfatal submersion injuries can be very serious. In some instances, nonfatal submersion injuries can cause permanent brain damage in children leading to problems with basic functions such as learning and memory.

There are ways to prevent drownings and submersion injuries by practicing good water safety.

The attorneys at the Law Firm of Richard J. Serpe, P.C. have experience in wrongful death and brain injury cases. Should you have a loved one or know someone who has suffered an injury in and around water, we are ready to assist you.

WE SHOULD ALWAYS MAKE SAFETY A PRIORITY. SOME CRITICAL WATER SAFETY STEPS INCLUDE: 1

2

3

4

STAY CLOSE TO YOUR CHILD and always be attentive to what they are doing. Never leave a child unattended while around the pool or other water.

TEACH YOUR CHILD WATER SAFETY SKILLS, including staying away from pool drains, spa drains, pipes and any other openings that may entrap them.

LEARN HOW TO SWIM and make sure your child is taught how to swim and is comfortable in the water. Swimming lessons are invaluable to a child.

CONSIDER HAVING INEXPERIENCED SWIMMERS WEAR A LIFE JACKET EVEN IN A POOL. Do not consider swimming toys to be lifesaving equipment.

5

HAVE APPROPRIATE FENCING AROUND THE POOL to ensure that children do not wander into the pool area unattended. Consider pool alarms to warn of a child unintendedly entering the pool.

6

CONSIDER LEARNING CPR and understand basic life-saving skills so that you can help in an emergency.

7

BE WARY OF UNDERTOWS AT THE BEACH and do not allow a child to play in water that may pose a danger.

8

ALWAYS JUMP FEET FIRST INTO WATER that is not clear since you do not know what is under the surface of the water.

// 05

PRSRT STD US POSTAGE

PAID

MAIL WORKS II

580 East Main Street, Suite 310, Norfolk, VA 23510

www.serpefirm.com

Being Safe In The Sun Newsletter

Issue 1.05

SETTLEMENTS & CASES OF INTEREST

$450,000.00

settlement for injured motorcyclist that was hit by another vehicle in King and Queen County, Virginia

$22,000.00

settlement for injured FedEx delivery driver attacked by a dog in Loudon County, Virginia

$1,000,000.00

settlement for family that suffered extreme carbon monoxide poisoning in Portsmouth, Virginia

If you’ve been injured in an accident caused by someone else contact our office today.

580 East Main Street, Suite 310, Norfolk, VA 23510 info@serpefirm.com www.serpefirm.com

Phone 757.233.0009 06 \\

Toll-Free 877.544.5323

Being Safe in The Sun Newsletter | Law Offices of Richard J. Serpe, PC

DISCLAIMER All cases are different and the results of one case cannot be used as an indication of what our firm may obtain for a similar case.