Summertime Safety

It's the best time of the year: the weather is nice, the kids are out of school and you are finally taking that vacation you've been waiting for all year.

However, it is important to remember that summertime brings with it certain dangers. Being aware of them and having a plan to deal with any issues that arise can mean the difference between a minor accident and a tragedy.

Drowning

Drowning is a very serious problem among children and adults. It is the leading cause of death in children ages 1 to 4, and most of these deaths occur in backyard swimming pools. 

It only takes a few moments for someone to drown and drowning is often silent - most people who drown do not bob or flail - instead, they slip under silently. You can reduce the risk of drowning by enrolling your children in swimming lessons early. If you are an adult and do not know how to swim, there is no time like the present to learn. Some research shows that swimming lessons can reduce the risk of drowning up to 88%!

If you own a pool, be sure to protect yourself from liability by having a high, locked fence completely around the pool. Never allow anyone to use your pool when you are not watching. Be sure that your homeowner's insurance policy is updated and aware of the presence of a pool on your property.

Should the worst happen and you lose a family member to drowning, be sure to consult an attorney immediately to determine if you have any remedies available to you. 

Dog Bites

Nicer weather means that more pet owners will have their animals outside on sidewalks or in other public places. While most animals are friendly and will not cause any harm, it can sometimes be very difficult to tell if a dog will bite. Never approach or touch a dog you do not know. Teach your children not to approach an unknown dog. If you are approached by an unknown animal, do not move. Moving quickly or trying to run away can result in a bite. 

If you own a dog, make sure to always have your pet on a leash and within your field of vision. Never leave a dog unattended. Make sure to check with your homeowner's or renter's insurance company to make sure your animal's breed is not prohibited under your policy. 

Should you be bitten by a dog, get the owners contact information immediately. Seek medical treatment and consult with an attorney to determine if you have any remedies available to you. 

Amusement Parks

According to emergency room statistics, there are far fewer injuries sustained at amusement parks every year then injuries sustained at home. Amusement parks are required to meet very strict state and federal safety standards, and therefore accidents/injuries are very unlikely.

Here are a few tips to ensure a safe, fun day at the amusement park:

1. Adults and children should use the buddy system.

2. Abide by all signs, posted safety rules and ride operator instructions.

3. Be sure to stay hydrated on hot days  (soda does not count). 

4. Never let small children out of your sight, even when they are on kiddie rides.

5. Wear closed-toed shoes which attach securely to the foot (no flip-flops).

In the event you are injured at an amusement park, be sure to inform park staff immediately and complete an incident report. Seek medical treatment and consult with an attorney to determine if there are any remedies available to you. 

Driving

Now that children are out of school, they are much more likely to be playing outside during the daytime hours. Always be on the lookout for children while driving. Remember that if a ball or toy rolls out into the street, it is almost ALWAYS followed by a running child. Also look out for seemingly empty cardboard boxes in the street, which children often like to play in. 

Have a safe and happy summer.

Liability for Recording Someone Without Their Permission

Under the Massachusetts Wiretapping Statute, it is a crime to record someone using audio or video equipment without their permission, unless it is absolutely clear that the recording is happening. This includes videos taken in public places.  This law is often referred to as the "two party consent law". Massachusetts is one of the few states that has a two party consent law for audio and video recording. 

Today, most people have smart phones that are able to audio and video record. You must be very careful not to record someone without their knowledge. Otherwise, you may be found guilty of felony wiretapping. This offense carries a penalty of up to a $10,000 fine and up to five years in state prison. This includes videos taken of people in public places. 

Further, the Wiretapping Statute allows a person who is recorded without their permission to file a lawsuit in civil court. In a civil action, the court may award the victim actual damages, punitive damages, liquidated damage and attorneys' fees.

You must be very careful what you audio and visual record in Massachusetts without permission. If you have any questions about this law, please contact me at 413-731-4716 for a free consultation. 

Preventing/Dealing With Identity Theft

Protect yourself from identity theft by following these tips:

1. Do NOT sign the back of your credit/debit cards. Instead, write "PHOTO ID REQUIRED". Even better, get a credit/debit card with your photo on it if your bank offers the option.

2. When writing a check to pay for your credit card bill, do NOT write the complete account number on the check. Instead, put the last four digits of your account number only.

3. Never put your Social Security number on a check you write.

4. Photocopy the front and back of all of the cards in your wallet (including driver's license) and keep it in a safe place in your home.  If you ever lose your wallet, you will have quick access to all of your account numbers and institutions to call to report the theft.

5. Use a paper shredder to destroy any documents or mail which contain personal information. Many thieves steal information from trash people throw away.

6. Do not give out personal information over the phone, mail or internet unless you initiated the contact. 

7. Periodically review bank/credit card statements for transactions you did not make. Recently, thieves have been deducting small amounts from bank accounts and credit cards (such as $0.99 or $1.99) on a regular basis, because many people do not notice small amounts missing. 

8. Limit what you carry in your wallet to necessary cards only. Leave your Social Security card and passport locked in a safe place at home unless you absolutely need it. 

9. Make sure you have a strong password. It is recommended that your passwords be at least eight (8) characters long, do not contain dictionary words or proper nouns, have at least one number, have at least one uppercase letter and have at least one lowercase letter.  

10. Avoid using your smartphone or computer on public WiFi to make online purchases or bank transactions, as the WiFi may not be secure. Save your banking and online shopping for your home computer and internet access.

11. Before disposing of an old cell phone or computer, be sure to wipe it clean of any personal information. The user manual will contain instructions on how to reset the product to its factory default settings. 

12. Never keep your passwords or pin numbers written down in your wallet. If you need to write them down, lock them in a safe place at home. 

13. Whenever entering your pin number at an ATM or store, check around you to make sure no one can see the number you enter. If you need to, use your free hand to shield the keypad from prying eyes.

If your wallet or identity is stolen, do the following IMMEDIATELY:

1. Use the photocopy of your cards to call your bank/credit card companies to report the theft.

2. File a police report in the jurisdiction where your wallet/card numbers were stolen. This is the first step toward an investigation and proves to credit providers that you were diligent.

3. Call the three national credit reporting agencies to place a fraud alert on your name. The alert means that any company that checks your credit knows your information was stolen and they have to contact you by phone to authorize new credit lines. These agencies are listed below.

Equifax 1-800-525-6285

Experian 1-888-397-3742

Trans Union 1-800-680-7289

4.  Call the Social Security Administration Fraud Line and inform them of the theft at 1-800-269-0271.

Winter Safety Tips

Winter in New England can be one of the most dangerous times of the year. Auto accidents and personal injury cases increase due to the weather conditions. The following are some safety tips to protect you and your loved ones this Winter:

1. If someone falls on your property due to ice or snow, you may be held responsible. Make sure to carefully clear your driveway, sidewalks, stairs and porches as soon as possible after a storm.

2. After you clear snow from your property, be sure to check for ice caused by melting snow on a daily basis. Use salt, sand or cat litter to increase traction on icy spots.

3. When driving after a storm, be sure to clear all snow and ice from your vehicle (including the roof) - if something blows off of your vehicle and causes an accident, you may be held liable.

4. Prior to a storm, fill up the gas tank in your vehicle. A car with a full gas tank is heavier, giving your car more traction and control in slippery conditions.

5. If you can avoid it, do not drive during a winter storm. Should you have no choice, be sure to drive slowly as your vehicle will take longer to stop than in normal driving conditions.

6. Watch out for puddles and wet spots in stores and other public places caused by melting snow brought in on customers' shoes. It is common for slip and fall accidents to occur this time of year for this reason.

7. Should you fall in ice, snow or puddles this winter (or if someone else falls on your property), be sure to take a photo of the scene of the accident immediately using your camera or smartphone. This is often the only way to prove that a defective condition existed; because as soon as the hazard is corrected the evidence is gone forever.

If you are hurt in an accident or have any questions about winter safety, please contact me at 413-746-4400 or by email at nle@dennerpellegrino.com. Stay safe!