When Defective Fire Extinguishers Take Lives

Around 2:30 am, a young man from West Chester, Pennsylvania was driving near a local university when his car suddenly veered off road where it hit a tree and burst into flames. First responders were on the scene within around five minutes.

As rescuers struggled to remove the man from the car, they tried to use fire extinguishers to knock down the fire. However, the safety devices didn’t work. Now, the company that made those defective fire extinguishers are facing federal scrutiny, and your safety may hinge on knowing what’s going on.

Beware! Defective Fire Extinguishers Are Being Recalled

The Consumer Product Safety Commission has announced that some 40 million fire extinguishers manufactured by Kidde are to be recalled. These fire extinguishers were built with plastic handles and push buttons; however, they can become clogged and malfunction during an emergency. The nozzles to these devices may also detach and pose an impact hazard.

The defective extinguishers are spread across a range of over 140 models manufactured between 1973 and September 22, 2017. They are sold online and at stores like Walmart, Sears, Home Depot and many other stores. If you have a fire extinguisher in your home, it’s important to check to make sure you do not have an affected model.

The faulty extinguishers that didn’t work for Pennsylvania fire fighters may have caused the young man from West Chester to perish. His family has since taken Kidde—manufacturers of these defective fire extinguishers—to court and a possible settlement could be pending. However, these devices were sold all over the country, and many more families may have been hurt when they tried to use their extinguishers.

Be careful out there, and check to make sure your fire extinguisher is safe by going to this website.

This warning was brought to you by the product liability attorneys at Fiore & Barber, LLC—protecting consumers when they are in need.

What Are the 3 Types of Distractions that Causes Distracted Driving Crashes?

Did you know that there are three different types of driving distractions? Visual distractions make you look away from the road. Manual distractions occupy your hands and force you to release the steering wheel. Cognitive distractions are things that steer your mind away from the task of driving safely. It’s easy to understand how these types of distractions can affect your driving, but do you know what activities cause them?

The Distractions That Can Cause Distracted Driving

  • Passengers– Not many people realize that their passengers can also be contributors to distracted driving crashes. Depending on the circumstance, passengers can be a cognitive, visual or manual distraction, but are rarely all at once. Talking to someone else in the car can provide a cognitive distraction, looking at something a passenger is trying to show you can be a visual distraction, and if your child’s seatbelt has come loose, trying to buckle it while driving can turn into a manual distraction.
  • Adjusting Vehicle Features– Adjusting features on your infotainment system or navigation system can also cause a major distraction. You have to manually remove at least hand from the steering wheel to adjust controls on your vehicles console. The task of finding a station or that song you’ve been wanting to listen to can also take your eyes off the road causing a visual distraction. And if your infotainment system has layers of menus to sort through, then the problems it can cause while driving only multiply.
  • Smartphones– Everyone has a smartphone now-a-days, but this is one of the few devices that can engage every type of distraction at once. Texting involves you taking your eyes off the road, reading or thinking up a response, and taking your hand off the wheel to hold the phone and type. This is one of the reasons texting and driving is considered even more dangerous than drinking and driving. Even talking a voice call on your cell can be dangerous, because it can cause serious cognitive distractions even if you have a handsfree set.

There are plenty of things that can cause distraction while you’re out on the road, but drivers are responsible for driving our public roads safely. That means asking passengers to keep distractions to a minimum, setting up your vehicle controls before you drive off and silencing/turning off your smartphone while driving are practical responsibilities. Drivers can be held responsible for their negligence, and the automobile accident attorneys at Fiore & Barber are dedicated to protecting anyone who has fallen victim to negligent driving.

4th of July DUI in Norristown?

Independence Day is one of the greatest days on the calendar. America’s birthday, celebrating the rights and freedoms given to us all those many years ago. Most 4th of July celebrations include BBQs, family and friends, cold beer, and fireworks, of course. But, sometimes things get a little out of hand, and the celebration turns sour after a DUI arrest. (more…)

Bit By a Dog In California: Do I Have A Case?

Thousands of individuals are bit by dogs each year in the United States. The majority of these attacks by dogs do not cause serious injuries, but some do result in time lost wages, medical bills, emotional distress, and pain and suffering. If you have been attacked by a dog in California, you may be entitled to an award of damages from the dog’s owner (or their insurance company) to pay for the costs you incurred as a result of your dog bite injury. (more…)

4 points for the 4th of July

This year the Fourth of July falls on a Saturday. The legal holiday is Friday so we all have a three day weekend. Enjoy your mid-summer mini-vacation. However, the very worst way you want to celebrate the Fourth of July is in jail because you have been arrested for a DUI.

Did you know that?
1. Increased DUI Checkpoints.
Every year, in our areas law enforcement set up more DUI checkpoints on this holiday. These checkpoints are legal, and everyone is stopped regardless of reasonable suspicion.
2. Night Time is The Worst Time.
Most summer holiday parties end at sun down. However, this is not the case on the Fourth of July.
According to NHTSA, drivers involved in fatal crashes on July 4, 2012, had rates of impairment 2.5 times higher at night than during the day. In Pennsylvania the minimum blood alcohol level is .08 percent. Also, remember that driving with illegal substances, including prescription medications may result in a DUI arrest.
3. DUI arrests nationwide significantly increase over the Fourth of July holiday.
According to the National Highway Traffic Safety Administration (NHTSA), there were 10,322 fatalities involving drunken driving in all of 2012. Surprisingly, from 2008 to 2012, 765 people died in Fourth of July drunken-driving crashes, accounting for about 40 percent of traffic fatalities during the five-year period.
4. You May Spend Some Extra Time in a Holding Cell.
A three day weekend is a welcomed respite for most of us. However, if you are arrest for DUI is could mean an extended weekend in jail. The legal holiday means that the court system is also not working or at less than full staff. If you are arrested at the beginning of three three-day Fourth of July weekend, you may not see a judge until Monday or Tuesday.
Enjoy your weekend. However, keep these facts in mind when you are behind the wheel or thinking of getting behind the wheel this Fourth of July.
If you are arrested, remember to call Fiore & Barber, LLC, your DUI team at 215.256.0205.

 

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Pennsylvania Legislature Slams Shut Loophole for DUI Offenses

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On October 27, 2014, Governor Tom Corbett signed legislation that will greatly affect punishment for certain DUI offenses.

Until this new legislation, subsequent DUI offenses were governed by the decision in Commonwealth v. Haig, 981 A.2d 902 (2009). In that case, the Pennsylvania Supreme Court held that the actions of an individual subsequent to the DUI violation were beyond the scope of the prior offense provision during sentencing. In layman’s terms, this meant that an individual can be convicted as a first-time offender on multiple DUI arrests if those offenses were committed after the first violation.

Under the new amended law, the relevant recidivism time-period to the ten-year period before sentencing (not after violation) will be counted towards the prior offense grading and penalty. It also added the language “whether or not judgment of sentence has been imposed for the violation.” Therefore, going forward, a driver with multiple DUI offenses will be sentenced to much harsher penalties. This provision is effective 60 days from Monday, October 27.

To discuss this amendment or how it may affect your case, please contact Fiore & Barber, LLC.

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Don’t Let a DUI Ruin Your Halloween Celebration

This year, Halloween is on a Friday which means there may be a likely increase in the number of costumed revelers enjoying adult beverages. When Halloween and a Friday night combine, there can be an increase in DUI arrests. It is important to learn how to avoid getting a DUI so you can enjoy the party and costumes without facing harsh legal consequences or putting yourself and others in danger.

Designate a Driver

The first and foremost tip for Halloween partiers is to either rely on a cab or a designated driver to help you get to the parties and then home safely. However, this isn’t always an option as some people may unexpectedly find themselves behind the wheel after drinking. While this is never ideal, there are ways avoid getting arrested and posing for a mug shot rather than a costumed selfie.

It can be helpful to be aware that it is a Friday night and police will be patrolling after bars close. You can consciously avoid where police will logically be located. Also, be sure your car is in legally working condition. Police can’t just pull you over for no reason or based on a hunch that you may have left a party or bar. However, if your taillight is out or your registration is outdated, they can and will pull you over regardless of how cautious you may be driving.

If you or someone you know does make a mistake and receive a DUI over Halloween, then please reach out to our firm so that we can help you through this period.

Historic Verdict and Judgment won by Fiore & Barber, LLC

In the first ever BitTorrent copyright infringement case to go to trial in any United States District Court in the County, Judge Michael Baylson of the United States District Court for the Eastern District of Pennsylvania ruled in favor of Malibu Media, LLC, an adult content movie producer, and against three defendants and entered a judgment of $240,850.50 against one defendant.

On June 18, 2013, after a one day bench trial, Judge Baylson found that Malibu Media, LLC was not a “copyright troll” but rather the producer and owner of copyrighted works, its experts technology was sound and that each defendant intentionally and deliberately violated valid copyrighted works of the Plaintiff. (more…)

Ten Estate Planning Myths

A WILL AVOIDS PROBATE

Actually the opposite is true, if you have a Will the only way it is given effect is through the Probate Court. Having a Will insures that your property will pass according to your wishes, but it will be handled in the Probate Court. It allows you to name who will handle your estate, specify who will get your assets, and under what terms. With a properly drafted Will, you can benefit children or grandchildren, set money aside for college, benefit charities, and leave assets to children (or others) with protection from their creditors. (more…)

Can you inherit a family member’s credit card debt?

If a relative dies with credit card debt, you may hear from the credit card company regarding the  unpaid balance. The lawyers of Fiore & Barber, LLC are experienced in estate administration and handling these types of matters. Here are a few ways to minimize the cost.

When an individual dies, his or her estate may be required to pay all credit card balances and other debts. However, if a person dies with more debts than assets, creditors, including credit card companies can be out of luck — and they often are. (more…)

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