Archive for July, 2009

Well, it’s official — the use of UV tanning beds that are popular in tanning salons, health clubs and even in homes is now being labeled as cancer-causing to humans by a group of 20 researchers with the International Agency for Research on Cancer (IARC).

The group, which is part of the World Health Organization, met in June to “to reassess the carcinogenicity of the types of radiation previously classified as ‘carcinogenic to humans,’” including analyses of UV tanning beds.

Their key finding on the devices  — that the use of UV-emitting tanning beds increases the risk of melanoma skin cancers in humans by 75% when the use of such machines starts before age 30, according to the report, which is being published in the August online issue of  the medical journal, The Lancet.  The report is based on the results of a wide ranging group of studies conducted over the last several years on tanning beds and incidents of cancer.

An Associated Press story on the report said that all types of ultraviolet radiation, including from UV tanning beds, were found by researchers to cause cancers in mice, which had not been proven previously. In the past, only one type of  ultraviolet radiation was thought to be lethal, according to the AP story.

“People need to be reminded of the risks of sunbeds,” Vincent Cogliano, one of the cancer researchers who participated in the report, told the AP. “We hope the prevailing culture will change so teens don’t think they need to use sunbeds to get a tan.”

So what does this mean for you and your family?

Well, for one, the widespread use of UV tanning beds particularly affects young women, who are the most likely consumers of artificial tanning sessions. And that means that they would be disproportionally affected by any cancers that could develop.

What are the legal implications of the data? If someone was diagnosed with cancer after tanning on UV tanning beds, could they file a lawsuit and win damages?

That will all depend on the facts in each case.  If you feel you are affected or that you might have a legal claim that you want to pursue, you should consider talking with a qualified personal injury attorney in a firm such as MyPhillyLawyer.

And in the meantime, you just might want to take the new report from the World Health Organization to heart and avoid UV tanning equipment. Your life could depend on it.

(Graphic logo courtesy the World Health Organization)

Among teens today, the recent phenomenon of “sexting” — taking nude photos of themselves or other teens and e-mailing them to others — is getting lots of attention from parents and law enforcement officials.
So what’s it mean to you as a parent? And what does it mean if your child is sexting using a cell phone that you have given them?
Well, that depends, but it’s something that you need to be aware of to protect yourself and your children from possible legal actions.
Because this is a relatively new activity, there’s not a lot of case law yet pertaining directly to sexting. But the laws on child pornography in our nation are very clear, and when nude photos of minors are electronically distributed, whether over the Internet or via cellphone transmission, senders and recipients are potentially looking at serious penalties, including jail time and felony charges that can follow them for years. Parents who provide cell phones to their kids could even potentially be liable in such cases, depending on state laws, evidence and other factors.
A news story in the Sun Sentinel newspaper in Ft. Lauderdale, Fla., recommends that parents prohibit their children from having data plans on their cell phones to prevent such files from being sent or received, establish acceptable ground rules for the use of cell phones and also regularly monitor who their kids are communicating with through their Facebook.com, MySpace.com and similar social media Web pages.
Yes, vigilance is a good start, but there are a myriad of still unknown legal issues to be resolved.
In the meantime, talk to your teens and make them aware of the legal landmines that exist if they are involved in such behaviors.
And if your child should become involved in sexting activities, know your legal rights and options and be sure to talk with a lawyer. This is certainly not child’s play.

The difference between full tort and limited tort auto insurance coverage is widely misunderstood, but vitally important. Limited tort coverage limits your right to recover compensation after being injured in an accident. It’s a choice that can save you a little money on your insurance premiums, but cost you tens of thousands of dollars should you sustain a serious injury in a car accident.

What’s a tort? What’s the difference between full tort coverage and full insurance coverage? In this short video blog, attorney Dean Weitzman explains what you need to know to protect yourself and your family.

This is a public service announcement on British television, highlighting the dangers of driving while texting.   Caution: The images in this clip are very graphic and disturbing.                  Video Credit: YouTube.com

How many people have died needlessly on U.S. roads in the last six years because the National Highway Traffic Safety Administration was too afraid of Congress to do a formal, detailed study to look at how mobile phones and texting devices were affecting driving across our nation?

That’s the question I keep asking as I read the headlines in the last few days about a New York Times investigation which described how NHTSA researchers proposed such a study in 2002, to no avail. The study would have involved 10,000 drivers and would have taken a close look at the issue.

But, the idea was squashed by the NHTSA because the agency’s leaders didn’t want to upset the political apple cart. “The former head of the highway safety agency said he was urged to withhold the research to avoid antagonizing members of Congress who had warned the agency to stick to its mission of gathering safety data but not to lobby states,” the article said.

The NHTSA had dared to look at the issue internally and came to some conclusions that were not well-liked by cell phone company lobbyists – the NHTSA report said that all cell phone use should be banned except for emergency use, even if the driver was using a hands-free phone. For years, cell phone backers have been arguing that hands-free phones using headsets would keep drivers safer, but the NHTSA report said that their analysis showed that to be a common misconception.

In fact, in a draft cell phone policy in the report, the agency said that driving while using any phone – hand-held or hands-free – is still too distracting and shouldn’t be allowed by law across the nation.

It’s the ultimate in politics as usual, with industry lobbyists and industry lobbyist money winning out over what is best for Americans and our nation.

Think long and hard about this – a federal agency chose not to act on behalf of the citizens of the United States of America because it was worried about how that would anger members of Congress who get all-important campaign donations from cell phone company lobbyists.

And because of that insanity, the 266-page NHTSA report produced back in 2002 which called for more study on the issue has sat hidden on a shelf until recently being released under a federal Freedom of Information Act lawsuit won by two consumer groups, The Center for Auto Safety and Public Citizen.

Just a few weeks ago, we blogged about how a proposed Pennsylvania law would levy a $100 fine to drivers who are found to be texting while driving, if they were stopped for another moving violation or involved in an accident. That now seems way too lame a punishment, in light of the now-uncovered, seven-year-old NHTSA data.

It’s time for this nation to take stronger action to prevent traffic accidents, deaths and injuries due to cell phone use and texting by drivers on our roads.

Do the study now, and then take serious actions to address its conclusions.

Damn the Congress – full speed ahead.

Driving while texting: proposed Pa. law would levy $100 fine

Tired of seeing drivers texting from cellphones and PDAs while they’re behind the wheel of their cars, minivans and trucks?
So are we, as is every other rational person who doesn’t want to get hurt in a vehicle accident due to someone else’s carelessness.
Well, some good news came out of the Pennsylvania State Senate yesterday – a bill passed the Senate by a 44 to 3 vote to fine drivers $100 if they are caught texting as part of a more serious driving offense, according to a story in The Philadelphia Inquirer. The measure now goes on to the State House for action.
At least that’s a start.
But as good as that is, the fine is still too small at $100. Is that really much of a deterrent?
Will that small amount cause a texting driver to think twice? Is it enough of a deterrent to  protect you and your family as you move around Philly on foot or in your car?
Probably not.
Yes, there are certainly more substantial legal actions that can be taken in the event of such injuries, and those are reasonable alternatives.
But here is a case where real penalties with sharper teeth  — a more substantial fine and even a short jail term — could really take a bite out of the careless behavior of a driver who texts while their vehicle is in motion on our streets. Another good step would be to make the violation a primary offense – so they can be stopped by police and ticketed just for texting while driving.
Those penalties would add needed teeth, and make us all safer.
Back in May, our MyPhillyLawyer.com blog raised this very issue as we commented about the very real dangers of driving while talking or texting on cellphones and PDAs. The City of Philadelphia has been fighting for a tougher ban and even passed its own law previously, but was deterred by the state Legislature, which had rejected a statewide ban on cellphone use while driving. The city’s tougher law was quickly made moot due to threatened losses of millions of dollars in state road funding if the city law remained on the books. It was a losing fight for the city, but a good fight for residents.
Let’s hope the House also passes this latest measure regarding texting while driving, at least, and that both sides make it tougher before sending it on to Gov. Rendell.

If you have ever been involved in a car accident, even one that is minor, you know that the aftermath can be very hectic and chaotic. If you have serious injuries or property damage, you will definitely want to document as much information as possible about the accident, the drivers, the vehicles and objects involved.

MyPhillyLawyer provides a helpful Auto Accident Checklist as well as six critical steps you should follow immediately after an accident. You can download a copy of the Auto Accident Checklist from MyPhillyLawyer to keep in your glove box. You can also listen to a podcast from Court Radio^SM with tips on what to do after an auto accident, such as taking pictures of the car crash scene with a disposable camera that you keep in your glove box or a camera on your cell phone.