What do you do if your identity is stolen?

The Federal Trade Commission has an excellent website that is a one stop resource detailing a multitude of ways that  help you detect, deter and defend identity theft. http://www.ftc.gov/bcp/edu/microsites/idtheft/. Also, you can download many key and outstanding  guides and brochure on these topics. We highly recommend this website to you and your family. www.ftc.gov/idtheft.

 

The Top 10 Ways The US Chamber Hurts Americans

To read more, please visit http://www.fightingforjustice.org/content/top-10-ways-us-chamber-hurts-americans

Protecting Your Children

Protecting Your Children - There have been a number of product recalls lately concerning children that we should update you on. The “Dream On Me” recalls infant swings due to their having a strangulation hazard. This came out October 18, 2012. How does this happen? A child’s body can pass through the opening on the Happy Swing II between the tray and seat or the grab bar and the seat, and then become trapped if the child is not buckled in. Also, certain Evenflo Big Kid Factory Select booster seats shipped between August 6-September 18 have been recalled. As for clothing, Children’s Apparel Network recalls fleece hoodie and t-shirt sets due a violation of lead paint standard. These are sold at Target. The clothing has Snow White, Mickey Mouse, and Cars character designs. When buying various products, it is important that you get on the internet and visit www.recalls.gov. All these and many other problems are easily noted.

Article Featuring Mark Kitrick for Covert Ops Training

http://www.nextavenue.org/article/2012-10/fantasy-camps-young-heart

Industrial miners at high risk of cancer and early death due to exposure to diesel exhaust.

Get the details at http://cancer.gov/newscenter/newsfromnci/2012/DieselMinersPressRelease.

GE Recalls 62,000 Front Load Washers Due to Injury Hazard

Get the details at: http://www.prnewswire.com/news-releases/ge-recalls-front-load-washers-due-to-injury-hazard-172536741.html.

It is that time of  year again when people pull out blankets including electric blankets. We want to warn folks, for safety sake, to make sure that you follow all directions connected to any electric blankets you have at home.  Please pay particular attention to the year and brand of the product.  There have been fires associated with certain models and manufacturers such as Sunbeam.  If your electric blanket is more than ten years old, replace it,even if it seems to be working well.  But even some newer electric blankets have been reported to have caught fire.  Never leave your blanket turned on when unattended. 

Corporate crime is still a major problem in this country and we, as consumers and citizens, must always be on the alert for improper conduct. Pfizer agreed to pay $26 million to the US Securities and Exchange Commission after a probe into the drug maker’s use of illegal payments to win business overseas. Wells Fargo is paying $6.6 million to settle the SEC charge that it failed to inform investors about the risks tied to mortgage securities it sold. Standard Chartered Bank will pay $340 million to settle charges that it “schemed with the government of Iran and hid from regulators roughly 60,000 secret transactions, involving at least $250 billion, and reaping SCB hundreds of millions of dollars in fees.”  The company Blackwater now called Academi LLC has agreed to pay a fine of $5 to $7.5 million for trying to operate  in Sudan in violation of trade sanctions and other arms trade breaches.

Kitrick, Lewis & Harris Co., L.P.A. featured in "Business First."

Click here to view the full article featuring our firm.

For foodborne illness, often a manufacturer is strictly liable for any injuries or death caused by certain bugs or tainted products. A manufacturer is a “product seller who designs, produces, makes, fabricates, constructs, or re-manufacturers the relevant product or component part of a product before its sale to a user or a consumer.”  There is a reason a company is held strictly liable- the only defense is prevention. It does not matter if the manufacturer took all reasonable precautions. If they manufacturer a product that makes someone sick, they are going to have to compensate the victim. Wishful thinking on their part does not help and is not a defense. Bugs such as e-coli and listeria have been found in seeds, cantaloupe, flour, salads/lettuce, and many other products. And they can kill people.

 

Bugs you need to know about:

www.about-ecoli.com

www.about-salmonella.com

www.about-listeria.com

www.about-campylobacter.com

www.about-hepatitis.com

www.about-shigella.com

Underinsured Motorist Coverage: When Auto Liability Coverage is Not Enough

We encourage all current and former clients to protect their families with uninsured and underinsured motorist coverage.  It’s relatively inexpensive and crucial here in Ohio—where motorists only need to carry $12,500 per person in liability coverage.  For helpful information about the proverbial nuts and bolts of underinsured motorist coverage, from the Ohio State Bar Association, please follow this link: https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-689.aspx.  

There are some  outstanding government websites dealing with consumer protection, specifically ID theft, medical ID theft, and also there is a good news report on whether buying insurance to protect yourself in the event of ID theft is a worthwhile purchase.

 

First, we recommend that you study the  Federal Trade Commission website pertaining to consumer protection. Check out  http://www.ftc.gov/bcp/consumer.shtm. Through this site there are many categories one can search for specific help, such  as autos, computers, loans, energy, health, ID theft, telemarketing, etc.

For annual reports on credit -  we advise everyone to these reports at least once a year - go to  http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/deter.html.

 

For medical identity theft, we refer you to http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt10.shtm.

 

For the news article about insurance, read  http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt10.shtm.

Drivers Fight Back Against Towing Company

Two major Columbus-area towing companies, Shamrock Towing and Camcar, have been systematically overcharging drivers whose cars were towed, and a new class action lawsuit, filed Wednesday in the Franklin County Court of Common Pleas, seeks to bring an end to this illegal practice and recover the excessive charges drivers were forced to pay to get their cars back.

 

Ohio law prohibits towing companies from charging more than $90 for towing and $12 per day for storage when they tow a car, but according to the lawsuit, both Shamrock and Camcar regularly charge an additional $30 “administrative fee” that the law does not allow.

 

Bill McCartney, one of the drivers bringing the class action, explained why he felt the need to bring suit. “What upsets me is that there is nothing I or other drivers can do to fight the excessive fees.  Your car is being hostage and if you want it back, you have to pay whatever they demand.”  McCartney noted that he does not object to towing when it is done in accordance with Ohio law.  

 

Fred Gittes, who along with Mark Lewis and Robert Wagoner, all Columbus attorneys, filed the class action, explained that Shamrock and Camcar are among the larger towing companies in the state, and that it appears that charging more than the state towing statute allows is an industry-wide practice in Ohio’s cities.  “Towing companies are basically thumbing their noses at the law, which is intended to allow for towing, but also to protect drivers from unreasonable and predatory charging practices.  After all, once the towing company has your car, you are basically helpless when it comes to what you have to pay to get it back.  You can’t negotiate, you can’t refuse to pay, and in most cases, the person who just got towed has no idea what is reasonable, much less what the maximum allowed rate is.”

 

One of the first steps in the lawsuit, according to Gittes, will be to find out just how widespread this illegal practice has been.  Thousands of people have likely been affected by the policies in place at Shamrock and Camcar, to say nothing of the numerous other towing firms operating in Columbus and throughout Ohio. 

 

For further information, contact Fred Gittes, The Gittes Law Group, (614) 222-4735.  You may also contact Mark Lewis or Stephen Whetstone with Kitrick, Lewis & Harris Co., L.P.A., 614-224-7711. 

 

Click here for Mr. Gittes interview with Channel 10.

 

As we get older we are going to have more body parts fail. Knee, hip, and other implants are becoming more and more commonplace. Before having such  major surgery it is crucial to make sure that your surgeon and the products that a doctor wants to insert in your body are as safe as possible. As for your surgeon, it is critical that you get his or her history, talk to others who have used this doctor, check the local and state listings with the medical boards to find out what kind of lawsuits or complaints have been filed against the doctor if any, find out how many of these surgeries the doctor has done, find out when the doctor feels the best when doing surgeries, find out who the anesthesiologist is and talk to that doctor in great detail about any and all allergies, medications and other issues so that when you are put to sleep you will safely awake, and verify that the doctor you hired is doing the surgery and not an intern or resident or associate or whoever is second in line. Find out when it comes to the product exactly what company has made it, and get all details as to how old the product is, whether there have been any issues or recalls with it, whether it is commonly used or whether it is a “new” product. Do as much research as you can before taking such a major medical step. By  doing so, you greatly enhance your odds of coming out of surgery better than ever with as few problems as possible.

There are many lawsuits between businesses. In fact, such business litigation is commonplace. For instance, retailers recently sued Pfizer for generic Lipitor delays, stating there was a conspiracy to delay sales of Lipitor, the best-selling drug in history. Facebook, Inc. and Yahoo, Inc. have agreed to forge a broad internet advertising and licensing partnership, putting to rest their dueling patent lawsuits. Apple, which has been very actively suing companies, has filed suit against Samsung Electronics Co over patents for technology  used in smart phones and tablets  and it seeks $2.525 billion in damages.  And in another suit Apple is paying $60 million to settle a China iPad trademark dispute. This involved Proview Technology (Shenzhen).

With summer winding down and the new school year gearing up, it's important to remember key safety tips to ensure our kids get to and from school each day safely.  Nationwide Children's Hospital has posted the following key safety tips for students, parents, and community members in general to keep in mind. 

School Bus Safety Tips

• Children riding the bus to school should learn and practice a few safety rules for getting on and off the bus.
• Get to the bus stop early. Do not run to the bus.
• Wait until the bus has come to a complete stop before walking toward it.
• If crossing the street, wait for a signal from the bus driver.  Look both ways to make sure there is no moving traffic from either direction.
• Always cross in front of the bus so the driver can see you.
• If the bus has lap and shoulder belts, use them.
• Once the bus is in motion, remain in your seat.
• If the window is open, keep your arms and head inside the bus at all times.
• Do not stand up to get off the bus until it has completely stopped.
• Only get off the bus at your assigned spot.

Walking Safety Tips

• Children should only walk to school alone if they are old enough and ready to make the walk safely.
• Children are not ready to walk to school without an adult until they are at least 10 years old.
• Younger kids cannot be trusted to make smart traffic choices on their own.
• Plan and practice a safe walking route with your child until she knows it well.
• Use streets with sidewalks, crosswalks and crossing guards. Avoid as many intersections as possible.
• Have children walk with a friend or in a group.
• Talk to your child about what to do if they are approached by a stranger.

Safety Tips for Drivers

• Drivers should be aware of children walking to school or to the bus stop. Everyone can follow a few safety tips to help kids get to school safely.
• When backing out of the driveway, watch for children walking to school or to a bus stop.
• On streets without crossing guards, watch out for children trying to cross the street.
• Be careful on streets without sidewalks or streets with on-street parking. It might be hard to notice a child behind a car.
• Be alert. Children may dart into the street without looking.
• Slow down.

Obey school bus laws. In Ohio, all drivers must stop at least 10 feet from a bus that is picking up or dropping off kids.

Stryker has recalled 2 modular-neck stem hip implant components – the Rejuvenate and the ABG II. The reason is that there are “potential risks associated with fretting and corrosion at the modular neck junction.”  The fretting and corrosion may result in adverse tissue reactions. The implants are not metal-on-metal hips, such as the  DePuy ASR, where both the acetabular cup and femoral ball are made of metal. With metal-on-metal hips, the debris caused by the friction between the metal can lead to adverse tissue reactions around the implant. The recall was triggered by more than 60 adverse events filed with the FDA’s MAUDE adverse event reporting system. Common symptoms of reactions include swelling around the implant site, pain in the groin, thigh, or hip, rash, and fatigue.

HELMETS INCREASE CHANCES OF SURVIVING A CRASH BY 37%

Wearing a helmet on your motorcycle is no doubt the most prudent course of action.  It can save your life. 

According to the U.S. Department of Health & Human Services, “in 2010, helmets saved over 1,500 riders’ lives, but about 700 more lives could have been saved if all riders had worn helmets. . . ‘We’ve seen that helmets reduce the likelihood of death in a motorcycle crash by about 37 percent.’  . . .  In 2010, motorcyclists who wore helmets prevented so much head injury that the total savings to the country amounted to $3 billion.” http://www.hhs.gov/news/healthbeat/2012/07/20120713a.html.

Although riding is more dangerous than driving, we still owe it to our families and friends to give ourselves the best chance at surviving a crash.  Ask a cancer patient how much they’d pay to increase their likelihood of survival by 37%.  You can increase yours for less than a $100.  What’s stopping you?

Almost everyone has cell phones and most people, including young children, put the cell phone up to their heads when talking. However, if you read the manual or instructions that come with the cell phone, you will note that the manufacturer tells you not to do so. Instead, one should use an ear piece instead. There is growing scientific concern after much scientific research (primarily international) which is ongoing that such cell phone use is or will cause brain tumors and other adverse health affects. Many believe that over time, this will be an epidemic. We strongly advise that you use an ear piece and keep the cell phone waves away from your brain.

Food borne illness is almost an epidemic in the United States. Many people do not know it can take up to 72 hours to manifest itself. Most people think you just get better over time but with children and seniors who have immunocompromised systems, that is not true. 125,000 people are hospitalized each year and 3,000 die. If you or a loved one believe you suffer from food poisoning,  it is important to:

- ask the hospital to do any and all blood work ups and tests to prove it;

- keep the receipts of where you bought the food;

- report your illness to the place that got you sick, the Center for Disease Control, and your Health Department so that any outbreak is exposed and so other people are protected;

A couple of practical points to protect you and your loved ones- if you think the restaurant or food is bad, get out.  If the hot water does not work in that place's bathroom, get out.