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Keeping Your Kids Safe: The Top 3 Summer Injuries

/ Personal Injury /

Keeping Your Kids Safe: The Top 3 Summer InjuriesGARDEN CITY, N.Y. – Summer is most often associated with sunshine, outdoor activities and all-around fun. But it as soon as the days get longer, trips to the E.R. tend to spike. Doctors say the combination of warmer weather, time off from school and outdoor activities increases the risk of injuries.

A Long Island personal injury lawyer at Cellino & Barnes says there are three injuries in particular that tend to increase among children over the summer months.

“Most parents will agree that getting the kids outside and active is a great for their health and social life on Long Island,” personal injury lawyer Ross Cellino said. “But an important ingredient that is often overlooked is supervision and children need to have the proper adult supervision when they’re playing outside.”

According to a Cellino & Barnes analysis of recent emergency room data, the three most common summer injuries are:

  • Bicycle Accidents

Every year, more than a half-million bicyclists are injured. Most of those injuries affected children. According to the CDC, an estimated 26,000 kids suffer traumatic brain injuries as the result of a bicycle accident. The data suggests many of those injuries can be prevented by properly fitting a child with a helmet.

Other bike injuries could include broken bones, muscular damage and lacerations that require stitches.

Some bike accidents could be caused by cars or defective parts on the bicycle itself. If you suspect your child is the victim of either of these, Cellino & Barnes suggests contacting a Long Island personal injury attorney immediately as your family may be able to recover medical costs and more.

Legal professionals also suggest teaching children the rules of the road and purchasing bicycles from reliable manufacturers.

  • Falls

Kids love exploring. Sometimes it’s a tree, sometimes it’s a jungle gym, sometimes it’s somewhere you would never expect. The point is, children are susceptible to falls almost everywhere. The end result can include head injuries, sprains or broken bones. Falls from extreme heights could be deadly.

They are currently the #1 reason for hospitalization in America today and the CDC estimates that 200,000 children are treated for playground falls alone each year.

In many cases, these falls could be caused by poor maintenance, faulty equipment or the lack of supervision.

If your child has been injured by a fall, Cellino & Barnes urges parents to contact a Long Island personal injury lawyer. In many cases, families have obtained significant settlements and verdicts after a slip or fall injury.

  • Water Accidents

Drowning is every parent’s worst fear when their child is near water. It is the chief cause of death among children between the ages of 1 and 3 and it’s the second-leading cause of death among kids under 15 years of age. The worst part is, nine out of ten drownings occur with parents in the pool area.

Safety advocates say most drownings occur without a splash. In many cases, the child hits his or her head and sink to the bottom of the pool. Irreversible brain damage can occur after just three minutes under water.

Long Island personal injury lawyers say these incidents are completely preventable and many private and public pool owners can be held liable for injuries in a pool area. Lifeguards, flotation device manufacturers, and cities or towns that fail to warn parents about unsafe conditions could be found negligent.

Attorneys say the best way to prevent this nightmare is to always stay close to a child when they are in the water.

For more safety tips and legal information, follow Cellino & Barnes on Twitter or Contact Us today for a free case evaluation.

Rehabbing Rehab

/ Medical Malpractice /

Rehabbing RehabBUFFALO, N.Y. – There are many reasons you may want to go to a rehabilitation hospital. Rehab can speed-up your recovery time from injuries, surgeries or a stroke. But sometimes a stint in rehab can do more harm than good.

According to a new government report released this week, nearly a third of the patients in rehab hospitals suffered a medical error, bedsore, infection, or in some cases they suffered a completely different injury.

The doctors behind the study reviewed nearly 500 cases and said that nearly half of the incidents they identified were ‘clearly’ or ‘likely’ preventable. A Buffalo medical malpractice lawyer at Cellino & Barnes says errors in hospitals are some of the most common injuries Americans suffer.

“The first rule of healthcare is ‘do no harm’ but some hospitals and medical centers are failing to do that in Buffalo,” medical malpractice attorney Steve Barnes said. “Medical malpractice is currently the third leading cause of death in America and little is being done to address this problem.”

A recent report published by the BMJ found that medical errors could be claiming over 250,000 lives every year. That’s more than car accidents, stroke, Alzheimer’s disease, and respiratory diseases. In fact, only heart disease and cancer claim more lives each year.

An oversight study on rehab facilities, conducted by the office of the inspector general (OIG) of the U.S. Department of Health and Human Services, echoed many of those previous reports.

The OIG found that more than a quarter of the patients in hospitals and up to a third of those in skilled nursing facilities suffered an injury during their time in rehab. Still, some rehab centers are promoted as ‘healthier alternatives’ to typical hospital stays or a nursing home.

“Patients can suffer medical malpractice in almost every healthcare environment but many of those heading to rehab are getting misled,” Barnes said.

The injuries reported in the study added up to a total cost of around $7.7 million for just the one month researchers analyzed the data. The doctors who reviewed the cases noted that failure to provide care, substandard treatment and poor supervision caused the most harm.

Nearly half of the cases (46 percent) were attributed to medication errors and painkillers.

The inspector general has recommended that other government agencies work together to tackle the problem of medical malpractice in rehab facilities. One of the suggestions included making a list of all incidents but Buffalo medical malpractice lawyers say it could be a difficult challenge.

“Malpractice is often hard to identify and medical centers are not always willing to admit they’ve caused a patient harm,” Barnes said. “That’s why it’s important for patients and their family members to contact a legal professional when they believe they’ve been harmed by a doctor or hospital staff member.”

Cellino & Barnes has helped many victims of malpractice recover significant settlements and verdicts. If you’ve been injured in a rehab center or hospital, a consultation with an attorney won’t cost you a thing. With multiple Cellino & Barnes offices in Buffalo, medical malpractice lawyers are always available to answer your questions. Contact Us today to get started.

Heat Warning!

/ Construction Accidents /

NEW YORK – The temperatures keep rising and this weekend, the mercury should rise above 90 degrees in the Big Apple. For some New Yorkers, that’s great news (since we only get a few months of warm temperatures) but for many others, it’s dangerous. Those who are outside must take preventative measures to protect themselves from heat stress and in some cases, employers must be careful too.

With the climbing temperatures, it is especially important for those working outside to stay cool; a New York construction accident lawyer at Cellino & Barnes says not only can heat stress cause exhaustion – it can also lead to serious injuries and illnesses.

“A worker can begin experiencing symptoms of heat stroke within minutes working outside in New York,” construction accident lawyer Ross Cellino said. “Heat exhaustion can lead to poor judgement and it can also slow down a worker’s motor skills so it’s important for everyone to stay hydrated and take frequent breaks in order to avoid serious injuries.”

According to the U.S. Occupational Health & Safety Administration, both air temperature and humidity can affect how hot a worker feels. OSHA follows the National Weather Service’s “heat index” chart to better measure the potential risk to workers.

Heat Warning!

Those who work outside face a higher risk of heat-related illnesses. Direct sunlight can add up to 15 degrees to the heat index. Although OSHA doesn’t have a specific safety standard for hotter temperatures, New York construction accident lawyers say employers have an obligation to protect workers from excessive heat.

“High temperatures are a hazard that anyone can identify but too often we see supervisors ignore safety and push workers to the point of exhaustion,” Cellino said. “It’s important for employers to take extra precautions to protect workers from overheating.”

During 2015, OSHA received more than 200 complaints of heat-related hospitalizations and at least eight workers were killed as the result of heat exposure. The agency reports it is already investigating several worker deaths this year.

Doctors and safety advocates say each accident is preventable and in most cases, simply giving workers water, rest and shade could have prevented an incident.

“Water is one of the most important aspects to staying cool during summertime heat waves,” Cellino said. “But when temperatures reach over 90 degrees, water alone may not be enough to prevent an accident – that’s why we are urging supervisors to give workers plenty of rest and time out of the sun while it remains hot outside.”

OHSA also provides a free heat app for both iPhone and Android users.

For more information about Cellino & Barnes or for more summertime safety tips, follow Cellino & Barnes on Twitter.

Study: Video Games Could Make You a Better Driver

/ Car Accident /

Video Games Could Make You a Better DriverROCHESTER, N.Y. – If you spent the majority of your childhood (or adulthood) playing Nintendo’s Mario Kart games, you may have received an important life lesson in driving.

Although the real-world streets are less crowded with green turtle shells or banana hazards, a new study found that certain video games (like Mario Kart) could indeed make you a better driver.

The study put 80 college students through several experiments involving different video games. Some of these games were considered ‘action-based’ and required the player to respond and interact with the game, like Mario Kart or first-person shooters. Others were required to play ‘non-action’ video games like The Sims or Rollercoaster Tycoon, where the player has almost complete control of the environment.

In one experiment, players of ‘action-based’ games significantly improved their visuomotor-control skills. In contrast, the ‘non-action’ players didn’t show any development in that category.

A Rochester car accident lawyer says visual and motor skills are important qualities for drivers to have, as they could help avoid a crash.

“Almost every collision can be attributed to human error and better decisions behind the wheel can make the roads safer in Rochester,” car accident lawyer Ross Cellino said. “Good eye-sight and reaction times can give drivers crucial seconds they need to make the right decisions and potentially avoid a dangerous situation.”

Using a driving simulation, researchers put players through a variety of tests. In three different trials, players were asked to steer a virtual car down a lane, straying as little as possible from the center. Sounds easy, right?

The research team added a few challenges.

The players not only had to keep the car between the lines; they also had to compensate for crosswinds that could affect the virtual vehicle’s direction. The tests found that in-game experience mattered. Those who had been playing action games for more than five hours per week had significantly better reaction times and vision.

Rochester car accident lawyers say those visuomotor skills are extremely important when operating motor vehicles. The attorneys say they often handle cases involving drivers whose visual acuity and motor skills were severely diminished in the moments before a crash.

“Drunk drivers are particularly dangerous because of the way alcohol affects vision and reaction times,” Cellino said. “We urge anyone who has been drinking to call a cab because they’re not only putting their lives at risk – they’re risking the lives of everyone else who uses the roadways.”

Study authors determined that playing action-based games could benefit both experienced drivers and those who have never been behind the wheel of a car. In fact, only a portion of the students studied had a driver’s license.

According to their research, ‘action-based’ games can help people become better defensive drivers since the games require players to constantly make predictions and reevaluate those predictions on the fly, thus polishing the body’s motor skills.

Although you may have mastered Mario Kart, Rochester car accident attorneys urge everyone to use proper judgement when operating a real car. This includes reducing the number of distractions around the driver and keeping alcohol content below the legal limit.

There’s no excuse for driving drunk. If you’ve been injured by a drunk driver, you could be entitled to significant compensation. Contact Us now for a free consultation or Like Cellino & Barnes of Facebook to learn more about how our law firm is promoting safety and smart driving in our communities.

Saving Ourselves From Our Pokemon (and Smartphone) Addiction

/ Car Accident /

PokemonNEW YORK – A Pokemon a day will not keep the doctor away. In fact, the American Academy of Orthopaedic Surgeons (AAOS) issued a warning to phone users everywhere: heads up!

Spurred-on by the popularity of the new mobile game, the warning is meant to grab the attention of everyone who uses a smartphone. After all, a Brooklyn car accident lawyer at Cellino & Barnes says smartphone users have been getting hurt long before they could catch monsters on an app.

“Distracted walking has been a major problem for years in Brooklyn,” car accident lawyer Steve Barnes said. “Smartphones are so distracting that some pedestrians didn’t even look up before crossing a street and there have been many accidents.”

In a statement, orthopaedic surgeon and AAOS spokesperson Alan S. Hilibrand said doctors are urging gamers and smartphone users to be mindful of their surroundings. Hilibrand said walking while looking at a phone can result in serious injuries including sprains, broken bones or even death.

“We love that these games a bringing children and adults outdoors and encouraging exercise,” Hilibrand said. “But we also want everyone to be mindful of their surroundings as they enjoy this activity.”

According to a recent AAOS study, nearly four out of 10 Americans have witnessed a distracted walking incident and roughly 25 percent have had a close-encounter themselves.

Most Americans already believe distracted walking is a ‘serious’ issue but usually the blame is placed on others, with 76 percent saying “other people” are walking distracted, the survey found. That leaves safety advocates with a conundrum: clearly the phone is distracting – so distracting you may not even realize you’re distracted.

“All it takes is a split second for things to go wrong and pedestrians are most vulnerable,” Barnes said. “Although some smartphone apps encourage exercise and healthy lifestyles, it’s just as important to look up and notice the world around you – at the very least, it could prevent a serious accident.”

The AAOS also listed some tips to stay injury free when walking with or without your smartphone” including:

  • Focus on people and obstacles around you
  • Never walk into an intersection while looking at an electronic device
  • Cross streets carefully at traffic lights, if possible
  • Remain cognizant of traffic flow, including pedestrian traffic
  • Look up, not down, when stepping off or onto curbs and when walking on stairs or escalators
  • If you must use a cell phone, step aside to let other pedestrian traffic pass
  • For those who use headphones, keep the volume low enough so you can still hear the sounds of traffic and other surroundings

Brooklyn car accident lawyers at Cellino & Barnes also urge smartphone users to be aware of vehicular traffic.

“Drivers can get just as distracted as pedestrians but they have the added responsibility of operating a motor vehicle,” Barnes said. “You truly have to be defensive and ready for anything to happen but you can’t do that when your eyes are locked on your smartphone.”

If you’ve been struck by a vehicle, dozens of our clients have recommended others to call our Brookyln car accident lawyers. Contact Us today for a free consultation.

How to Tell if Your Car has a Recall

/ Car Accident /

How to Tell if Your Car has a RecallMELVILLE, N.Y. – Over 32 million cars have been impacted by the Takata air bag recalls but the big question: Is your car one of them? According to a new study conducted by Kelly Blue Book, most car owners aren’t even aware of the largest auto-recall in history.

The study found that more Americans are familiar with the Zika Virus and Hillary Clinton’s e-mails than the air bag problems that have already claimed over 100 lives. A Long Island car accident lawyer at Cellino & Barnes says unlike Zika or Clinton’s e-mails, the Takata recall could affect almost every family in America.

“When air bags aren’t functioning properly, there’s a huge risk for anyone driving in Long Island,” car accident lawyer Ross Cellino said. “Some air bags, like those covered in the recent Takata recalls, could even explode with deadly force so it’s important for everyone to know if their vehicle is under an active recall.”

Kelly Blue Book found that only 52 percent of those surveyed were aware of the Takata recall. Of those who knew about the largest auto recall in history, only a portion of them had taken steps to find out if their cars were affected.

The Takata recalls impacted millions of vehicles manufactured by more than 30 automakers around the globe. A defective air bag could explode with deadly force, even if the crash was minor. In some cases, the air bags deploy with such force it can shoot metal shrapnel at the driver’s face and neck.

So, how does one know if their vehicle is under recall? All you have to do is search online.

The National Highway Traffic Safety Administration, the government agency in charge of directing auto recalls, set-up the website “safercar.gov” to help car owners find more information about active recalls and to see if their car is affected.

“We urge anyone who owns or leases a car to check for active recalls at least once a month,” Cellino said. “All it takes is five minutes and you only need your vehicle’s VIN number to find out if your car has a potentially deadly defect.”

If you don’t know your VIN number, you can find it inside the driver-side door or on your registration. You can also sign-up for e-mail alerts, which will automatically update car owners if their vehicles have been impacted by a recent auto recall.

As one of the leading personal injury firms in New York State, it is our goal at Cellino & Barnes to make our communities safer for everyone. Our Long Island car accident attorneys urge everyone to drive carefully and frequently check vehicles for recall notices. You can also find some major recall notices on the Cellino & Barnes Twitter page.

If you believe you’ve been injured by a defective vehicle, you may be entitled to compensation. Contact Us today for a free consultation.

Lighting Up Your Drive

/ Car Accident, Personal Injury /

Lighting Up Your DriveBUFFALO, N.Y. – In case you haven’t noticed, many places are lighting-up the night with LED lights. They’re bright – and they save money on energy and maintenance but the American Medical Association introduced a new policy: dim it.

Almost everything in Buffalo is lit-up with LED lights. Take a stroll down Canalside or a view of the Peace Bridge at night; it’s all an LED lightshow. However, safety advocates and doctors with the AMA are concerned about the way these lights are used.

Almost 50 percent of all car crashes in America occur at between 9 PM and 9 AM when the outside environment is darkest. A Buffalo car accident lawyer at Cellino & Barnes says ighting, or the lack of lighting, is commonly a factor and while LED lights are cost-efficient and good for the environment but there are some drawbacks.

“Street lighting can be a game changer and both bright lights and dim lights have been factors in crashes in Buffalo,” car accident lawyer Steve Barnes said. “It’s very important to keep lighting at a specific brightness to make the roads as safe as possible.”

According to the AMA, the glare of bright LED lights can constrict your eyes, making it more difficult to see at night. Bright lights can also twist-up sleep cycles and it could potentially affect local wildlife.

Doctors said high-intensity LED lighting emits large amounts of blue light, which can create extreme nighttime glare and potentially cause a car crash.

Luckily, the brightness of LED lights can be adjusted and the AMA is hoping cities across America get the message and dim the lights.

“Glare is a common issue every driver has likely faced,” Barnes said. “Whether they’re high-beams or LED street lights, they can cause dangerous accidents and we want drivers to be aware of these hazards before driving on the roads after sun down.”

Different lights emit different colors and there’s a measurement called “color temperature.” A higher color temperature usually means it’s high in blue light, which appears white to us. The Association recommends that street lighting have a color temperature of 3,000 Kelvin (K) or less for safety reasons.

As proud supporters of the Western New York community, Cellino & Barnes urges all drivers to practice safe driving habits – especially at night:

  • Always use your headlights in rainy or dark environments
  • Frequently clean your windows – both inside and out – to reduce nighttime glare
  • Never drink and drive. Call a cab instead
  • Use low beams when encountering oncoming traffic
  • Be extra alert, especially during the weekends. Drunk driving is a factor in 53 percent of deadly nighttime crashes

If you’ve been injured by a drunk negligent driver, the Buffalo car accident lawyers at Cellino & Barnes can help you obtain the best result possible. Contact them today for a free case evaluation.

Watch For Motorcycles

/ Motorcycle Accidents /

Watch For MotorcyclesROCHESTER, N.Y. – Every summer, families mourn the loss of a motorcycle enthusiast. Every year, our communities feel this heartache – and it can all be prevented with safety measures and vigilance.

In Monroe County alone, six riders have been killed in separate crashes since the Memorial Day weekend in May. A Rochester motorcycle accident lawyer at Cellino & Barnes says riders are starting to take notice.

“These tragic events have impacted our community and riders are aware of what’s happened this summer in Rochester,” motorcycle accident attorney Ross Cellino said. “Almost every accident can be prevented, so we’re joining our motorcycle friends in urging drivers to look twice.”

This week, another deadly crash claimed a life. According to the Rochester D&C, a car turned left in front of motorcycle at a Perinton intersection. The crash killed the motorcyclist and his passenger.

Earlier this month, another rider was killed when he lost control of his motorcycle in traffic, WHEC 10 reported.

However, not all motorcycle accidents involve passenger vehicles.

Last month, three riders were killed just days apart in separate motorcycle accidents near Rochester. According to WHEC 10, one rider was speeding through a Parma neighborhood when he lost control of his bike. Deputies said the motorcycle burst into flames after hitting a stone culvert.

Since bikes are much smaller than cars and trucks, drivers often don’t see them. The Rochester motorcycle accident lawyers at Cellino & Barnes said caution and second look could save the life of a person on a motorcycle.

“Check your blind spots and slow down, all it takes is a second glance,” Cellino said. “Unfortunately many drivers don’t double check their mirrors before merging lanes and riders have been seriously injured following these accidents.”

Not only could caution save a life, it can also help keep your insurance costs low. In New York State, just one accident can bump-up your premium by 15-30 percent. That could be thousands of dollars in savings – all because you checked twice.

If you’ve been injured in a motorcycle crash, the attorneys at Cellino & Barnes can help you get the best result possible. Recognized by Martindale.com as a top law firm in Rochester, clients have trusted Cellino & Barnes for over 50 years.

Contact us today for a free consultation.

The Real-Life Effects of Pokémon Go

/ Slip and Fall /

The Real-Life Effects of Pokémon GoNEW YORK – You probably have the app on your phone even though it has only been around for a week. Pokémon Go is already the most popular app on Android and iOS and it will soon have more daily users than Twitter. Although it’s just a game, we’re already seeing some real-world affects.

The new augmented reality game uses GPS to send players on an adventure through their cities, towns and countrysides on a quest to find Pokémon – creatures created by the popular Nintendo games in the 1990’s.

The game encourages players to get outside and visit local landmarks or historical markers to restock on valuable in-game items; but a New York slip and fall lawyer at Cellino & Barnes says exploration is often paired with risk.

“Players have their eyes locked on their smartphones and we’ve already seen tragic incidents occur since the game was released in New York,” slip and fall attorney Ross Cellino said. “People are suffering real-world injuries simply walking down the sidewalk because they’re so fixated on the game.”

One person claimed on Reddit that they slipped and fell down a ditch, leaving them with a 6-8 week recovery period. Other reports suggest the handheld game played a factor in car crashes and other accidents.

The game has also been linked to violent crime, in at least one case. According to the O’Fallon Police Department in Missouri, robbery suspects the app’s geolocation feature to target and lure players into a secluded trap. The suspects were later apprehended by police officers but only after nearly a dozen teenagers were robbed.

Other incidents can be startling. For example, a Wyoming teen stumbled across a dead body near the banks of the Big Wind River.

“I was trying to get a water Pokémon,” the teen told CNN.

With the game’s popularity reaching new highs every day, the New York slip and fall lawyers at Cellino & Barnes urge players to use caution – both inside and outside their vehicles.

“No one should be playing any type of distracting game while behind the wheel but even outside the car, there’s a real risk of danger,” Cellino said. “We see these all the time; uneven sidewalks, slippery floors and stairways – they’re already dangerous areas but they’re even more hazardous when a person is not paying attention to where they are going.”

Some aspects of reality games can be beneficial: they promote physical activity and can create social connections but the safety aspect is often neglected.

Cellino & Barnes has offices across New York State, including three in the Greater New York Metro Area. For office locations and more information about our New York slip and fall lawyers, find us on LinkedIn.

Look Before You Back-Up

/ Car Accident /

Look Before You Back-UpBUFFALO, N.Y. – Many drivers are forced to do it every day: back-up. It’s a routine technique that many don’t put much thought into but that’s part of what makes it so dangerous.

According to kidsandcars.org, more than seven children are struck by vehicles in reverse every day. A Buffalo car accident lawyer at Cellino & Barnes says most of these incidents involve a relative or parent behind the wheel.

“These incidents are very common during the summer months because children are outside and mom or dad still have to go to work in Buffalo,” car accident lawyer Steve Barnes said. “Children are small and often hard to see so when a parent is backing out of the driveway, they may not see their child behind the car.”

More than 60 percent of these accidents involve bigger vehicles like trucks, SUVs or vans. One of these incidents occurred in Buffalo Thursday night when an SUV stuck and killed Rian Davis, a 20-month-old toddler near the Erie County Medical Center.

Statistics show this was a typical back-up accident; most victims are just one year old. Buffalo car accident lawyers say most of these accidents however, can be prevented.

“Before backing-up, drivers should take a quick walk around their vehicle to make sure the path is clear and it’s safe to put the car in reverse,” Barnes said. “There’s a large blindzone behind every vehicle but if a driver uses caution, they can minimize their risk of an accident.”

Different than ‘blind spots,’ blindzones can be up to 30 feet long and another 8 feet wide. Car accident attorneys say toddlers and toys can easily be lost in such a large space that a driver cannot see – but there could be promising changes on the way.

The National Highway Traffic Safety Administration will require nearly every new vehicle to be equipped with rear-view cameras by 2018. Senator Chuck Schumer (D-NY) helped call for this implementation in an effort to prevent hundreds of deaths every year.

If you or a loved one has been injured or killed by a car in reverse, you may be entitled to significant compensation. Highly rated by Lawyers.com, Cellino & Barnes has helped families in Western New York obtain the best results possible. Contact an attorney today for a free case evaluation.

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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