Staten Island Injury Law

More Elevated PCB Levels Found in New York City Schools

Frank Dito — Tue, 15 Feb 2011 19:34:05 -0500

As I have blogged before, I fear that the true extent of the PCB problem in our public schools is only starting to become fully known. Three more New York City public schools have been found to contain elevated levels of PCBs, in violation of federal standards. New York City acknowledges the results of the EPA required tests but unfortunately, doesn't go any further. The EPA ordered testing has revealed elevated PCB levels in almost a dozen New York City schools but the total number of schools being tested and when is unknown. It seems that every school tested has returned PCB levels above the federal limits for maximum long-term exposure.

The initial stipulation with the U.S. EPA required that a few New York City public schools be tested, and if any required remediation, the City and the EPA would draw up a plan to combat the PCB problem. The elevated results were initially attributed to the presence of contaminated caulking around the windows, which was removed. Despite the City's attempts to downplay the problem, test results have come back showing that PCB contamination is much more widespread that previously acknowledged and not limited to the caulking. No longer is this a problem limited to just a few schools; it has become widespread with the possibility that a substantial amount of the schools may be affected.

The effects of long term PCB exposure is not well known. Between the window caulking that has been recently removed and the discovery of PCBs leaking from the ballasts contained in thousands of fluorescent lighting fixtures, our children may have been exposed to elevated PCB levels for many years. Some of our children may even have directly ingested PCBs as leaking ballasts may have left residue on surfaces that children have come into direct contact with.

With statistics showing that 1 in 10 school age children will be diagnosed with autism, and environmental factors believed to be a leading cause of that statistic, one has to wonder if there is a link between our children's and exposure to PCBs and the ever increasing incidence of autism. Unfortunately, history has shown that the connection between the cause and the disease or illness isn't made until years after thousands are affected. I can only hope that EPA forces the City to test all schools, right now, and take whatever action is necessary, despite the cost or inconvenience. We need to act now and answer once or for all if we are putting our children in harms way.

First Dangerous Drinks, Now Bath Salts? Yes, Bath Salts Are the New New York High.

Frank Dito — Tue, 01 Feb 2011 17:12:05 -0500

I have blogged about the dangers of four loko, a highly-caffeinated cheap alcoholic drink, and incense, widely available to all and known as the "legal pot." Through responsible government action, four loko was removed from store shelves in New York City. We are still waiting for the "zero tolerance" law to be passed which would prohibit the sale of synthetic marijuana. However, a new danger is facing Island parents - bath salts. Yes, bath salts have now been labeled a "drug of concern" by the DEA.

Don't let the name fool you. These salts contain a stimulant with effects similar to that of methamphetamine or cocaine With names such as Ivory Snow, Hurricane Charlie or Ivory Wave, these chemicals have raised concern with authorities throughout the U.S., with many lawmaker's preparing bills banning their sale. The effects of the drugs contained in the bath salts are so powerful that one user slit his face and stomach repeatedly while under its influence. Another is reported to have committed suicide after the bath salts caused three days of delirium.

These bath salts contain mephedron and methylenedioxypyrovalerone, or MPDV, drugs that are made in a lab and not regulated because they are not intended for human consumption. The salt powders are snorted, injected or smoked by the user and immediately affect the central nervous system. The salts can increase your blood pressure to dangerous levels, trigger a heart attack or stroke, and are highly addictive. They are also widely available on-line and in convenience stores. Once again, a life-threatening drug has been placed in easy reach of our children and we, as parents, are unable to do anything to stop it. Legislation banning this drug could take years before becoming effective. What will happen in the meantime? Will this drug become the designer drug of choice for many addicts? How many people will die and how many lives will be ruined before this drug is banned. Urge your senators and congressmen to act now, before more of our children are lost forever.

More PCBs Found In New York City Schools

Frank Dito — Mon, 31 Jan 2011 18:01:12 -0500

Despite the City of New York continuing to downplay the significance, more and more test results have shown high levels of PCBs in New York City Public Schools. These results have come from spot checks conducted at various schools throughout the City. Last year, the City of New York entered into a stipulation with the U.S. Environmental Protection Agency wherein a few of the more than 1,600 public schools were required to be tested for PCBs.

If levels higher than those allowed by federal law were found, the City was required to cleanup what was believed to be the source of the contamination; namely, caulking in the windows at these particular schools. However, once the caulk was removed from the windows at a few select schools, another source of contamination became apparent. The thousands of fluorescent lights hanging in our children's classrooms could be leaking PCBs into the air, causing levels more than 10 times the EPA limit of 50 parts per million.

The City, despite these findings, maintains that there is no danger as the exposure is not likely to cause immediate harm to children. What the City has sadly missed is that children are and have been exposed to PCBs in our public schools for the long term. Most public school children will be in the same school building for at least six (6) years. No one knows what the true effect of such long term exposure, despite PCB being a known carcinogen whose manufacture has been banned.

The City claims that it will cost over a billion dollars to remove and replace all the fluorescent lighting in the schools. The actual cost has been debated by the City, the EPA and parent groups. The City's words about about lack of immediate harm to students provides their true reason and true motive for such a price tag. Declaring a crisis would potentially displace 1.1 million students from their schools while the PCBs were removed and the classrooms were cleaned. Procuring space for these 1.1 million students, setting up temporary classrooms and cleaning up what I believe to be a much bigger problem than anyone has allowed us to believe would easily eclipse the $1,000,000,000 estimate. Such a scenario would bankrupt the City and create a problem that has not short term solution. I am sure that there will be much more to this story, as my previous posts to this blog have shown.

Be Careful of Carbon Monoxide While Shoveling Out Your Car

Frank Dito — Fri, 28 Jan 2011 15:44:56 -0500

Many of you have heard about the Bronx tragedy where two small children suffered carbon monoxide poisoning as they sat in their car as their mother cleared it of snow. The car was running to keep the small children warm while the most recent snow fall was removed from around the car. What the children's mother didn't realize was that snow had blocked up the tailpipe, causing dangerous carbon monoxide to vent into the closed car.

When clearing snow, before starting your car, make sure that you have removed the snow from around the tailpipe. If you are unsure, leave a window slightly open if you are sitting in your car with the engine running, waiting for it to warm up. This will allow any carbon monoxide to escape while providing you with fresh air. Even if your car's tail pipe appears to be clear, small holes in the exhaust system may also allow carbon monoxide to enter the passenger compartment. If you are lucky enough to have your car in a garage, limit the time how long you keep the car started as exhaust fumes will eventually work their way into your house, placing your family at risk. Make sure that you have working carbon monoxide detectors on all floors of your house. If the alarm goes off, open the windows and get out of the house.

Carbon monoxide provides no warning; it is colorless and odorless, rendering you unconscious if you are exposed to high enough levels. Once you slip into unconsciousness, unless someone moves you into fresh air, your chance for recovery from carbon monoxide poisoning is poor. Since more snow is expected in the coming weeks, please take a few minutes to ensure you and your family's safety during this dangerous winter weather.

Have a Safe And Happy New Years Eve!

Frank Dito — Fri, 31 Dec 2010 15:10:07 -0500

As midnight approaches, I am sure that many people are busy with plans for the New Year's celebration. Unfortunately, many of those celebrations include excessive amounts of alcohol. Coupled with the difficult driving conditions that New Yorker's have faced over the last several days, this New Year's Eve is an especially dangerous night out.

If you are planning on driving tonight, designate a driver. To some, a designated driver is a joke as the drunk driver is usually all too quick to boast how well he can drive intoxicated. However, a designated driver not only protects you as a passenger but it also protects other people out on the roads and even those simply crossing the street. Faced with slippery, snow narrowed streets, the difference in reaction time between an impaired driver and sober one becomes critical when winter weather is involved. A designated driver will save your life.

Even walking home on a night like tonight brings added dangers. Although some people feel that its safer to walk home tonight, the sheer amount of snow still left on our streets brings added danger from slip and falls and from cars that don't have enough room to pass by. Many streets and sidewalks still are not fully cleaned from the snow, forcing many Staten Island residents to walk out into the street, facing cars speeding along. Despite some driver's feeling that they are able to safely pass you, if they can see you, the side-view mirrors of many cars extend out past the body of the car. Even if the car doesn't hit you, the mirror may, causing serious injuries. If you are walking in the street, stop walking and get out of the way until a car passes you. Don't take for granted that the driver sees you or has enough room to pass you.

If you are out and about tonight, take extra precautions. Make sure that you leave early so you wont need to rush. Designate a driver if you plan on drinking or, better yet, just call cab service. If you do drive, keep a sharp lookout for people walking alongside the street and crossing at intersections. If you plan on walking, make sure you wear light colored clothing and take extra care when crossing the street. If you are headed out to Times Square, wear appropriate clothing as you will be forced to stand outside for hours in the cold.

I wish all a very Happy and Healthy New Years and a safe and prosperous 2011. I look forward to continuing to help keep Staten Islander''s safe and providing important information regarding issues that affect homeowners, workers and students.

More PCB's Present In Staten Island Schools

Frank Dito — Tue, 21 Dec 2010 11:09:49 -0500

The U.S Environmental Protection Agency has informed the City of New York that they will start to inspect public schools for PCB contamination starting next month. The EPA has advised the City to remove older fluorescent fixtures that can leak PCB into the air and onto surfaces such as desks and tables. The City has objected to the EPA's advice, saying that the fixtures pose no immediate threat and that replacing them would cost over $1 billion and result in the layoff of over 15,000 teachers. Needless to say, the EPA disputes the City's figures as to the cost.

PCB's are contained in the ballast of most fluorescent fixtures manufactured before the 1978 ban. In the average ballast, the device that controls the current in fluorescent bulbs, approximately 1 - 1 1/2 ounces of PCBs may be contained inside. The PCBs were used as an insulator to protect the electrical parts from becoming too hot and melting. When the ballast fails, it allows PCB's to leak out of the fixture.

PCBs are dangerous and readily absorbed through the skin if a student comes into direct contact with the leaked fluids. They may also be absorbed by the air that we breathe if the ballast is broken open. The dangers of long-term PCB contamination are not well known. Studies have shown that high-level exposure can cause specific types of cancer, such as liver cancer. Children exposed to PCBs have shown neurological damage, cognitive impairment and memory deficits.

What strikes me as very curious about this order is the first report of PCB contamination in New York City Schools. This blog's August 10, 2010 post spoke about the EPA's order to start testing certain schools for PCB contamination in the caulking around the windows. The City, somewhat secretly, began testing certain public schools for PCB contamination earlier in the year. The results showed PCB levels higher than the federal guidelines for long term exposure. This result appeared to be somewhat surprising to the City of New York. One has to wonder what went on behind the scenes that has actually brought the EPA to conduct their own inspections. Are the levels still highly elevated, even after the removal of the caulk? How long are we going to wait before we know the real story about the levels of contamination? Our children may be exposed to years of this contamination - we need to write our local politician's and demand to know the real truth.

The Zadroga Bill a Christmas Miracle? That's Not What I Know About Christmas!

Frank Dito — Mon, 20 Dec 2010 16:55:12 -0500

Picking up yesterday's Staten Island Advance, I still cant believe what I read. The article, Backers of 9/11 Health Bill Optimistic, seemed to relay some good news to the thousands of sick and suffering workers waiting for medical care and compensation for their injuries. The bill is named after James Zadroga, a New York City detective who died at the age of 36 from a rare respiratory illness his family contends that he contracted during the World Trade Center cleanup. The bill has been stalled in congress while both sides of the aisle work out how to pay for it, with costs estimated to be $6.2 billion over 10 years.

What shocked me was a quote by Senator Kristin Gillibrand that "We are on the verge of a Christmas miracle", making reference to the possibility that there may be enough votes to pass this bill. How can anyone equate the passing of the bill with a miracle, regardless of the season? Since when has doing the right thing become a miracle? Are we at such a time in our society? This bill will help those who are sick and dying from rare cancers and diseases, those who rushed to help without question at a time when this country was shaken to its foundations.

I read about a funeral of a first responder who recently died from a rare nasal cancer that literally ate his face. His wife and 3 children have lost their husband, father and friend. Besides the physical and emotional relationship that has been lost, what about the financial support that he provided? Who is going to replace that? When we needed the first responders in our time of need, they came and they stayed, despite all the lies told by the EPA about the air being safe to breathe. When their families need us in their time of need, where do we stand? Can we walk away or as Americans, do we do what's right?

Today on the radio I heard one commentator state that the real beneficiary of the Zadroga Bill would be trial lawyers. The ignorance shown in that statement is the root cause of the delay in passing the bill. In 2001, hundreds of lawyers lined up to do what they could to help, organizing Trial Lawyers Care, which provided free legal services to those families applying to the Victim's Compensation Fund. I recovered over $2.5 million for the young widow of a worker killed in the terrorist attack. I am proud to say I did so pro bono, despite the considerable time and effort that the Application required, attending each meeting with my client and helping her through to a new life. Pass the bill - people are dying - and relieve some of their suffering by letting them know that their families will be taken care of after their gone.

First Staten Island Snowfall Brings Danger to Island Roads

Frank Dito — Tue, 14 Dec 2010 08:46:28 -0500

Many Staten Island residents woke to a sprinkling of snow on the ground and on their cars this morning. Those in the more northern and western areas of the City received up to 4" of unexpected snowfall. Along with the pretty-looking snow comes the all-too frequent car accidents caused by cars and trucks not being able to stop in time or skiddingand losing control. Many drivers of SUV's or all-wheel drive cars seem to believe that they are able to drive without any change to their normal speed under snow conditions. Unfortunately, this is not true at all and the lesson is usually learned the hard way by SUV drivers.

All-wheel drive will definitely provide you with more traction under slippery conditions, allowing you to pull out from your driveway or start up from a red light but you still will have just 4 wheels on the ground to stop with. Despite all-wheel drive and traction control, its the 4 "contact patches", where the tires meet the road, that help you to stop. Having all-wheel drive does not mean that you have any better braking or steering ability than a similarly equipped 2-wheel drive car. Despite having the most technologically advanced car, nothing will stop your car from skidding if you hit a patch of black ice. In fact, as SUV drivers tend to drive faster, they are more commonly involved in rear-end collisions during snow and/or ice conditions.

As Staten Island seems to be dominated by hulking multi-passenger SUV's that seem to drive too fast when its not raining or snowing, the potential for accidents during the winter driving season is extreme. As we are unable to prevent SUV's from driving in bad weather, except in the most extreme snow-emergencies where the streets are closed, driver's need to change their behavior. Tailgating a slower moving car in a snow storm will only lead to an accident when the car in front slows down. Remember, you will not be abel t stop any quicker. Driving after a snow storm, especially when ice has had the opportunity to melt and re-freeze, may cause you to encounter black ice, which is nearly invisible but very dangerous. If you are driving too quickly, you may not be able to stop or lose control all together, endangering yourself and other drivers and pedestrians on the roads. We cant stop mother nature but we can all do our best to stop reckless winter driving. Lets slow down and enjoy the snow. Better yet, don't drive unless you absolutely have too.

In an Accident? Be Prepared To Pay More If You Are Hurt!

Frank Dito — Mon, 13 Dec 2010 16:22:25 -0500

In what can only be called a troubling sign of the times, the Fire Department of the City of New York has announced a "crash tax" that will take affect next summer. The crash tax essentially charges anyone involved in a car accident needing FDNY assistance from $365 - $490, depending on the severity of the accident. The FDNY has said that the purpose of the crash tax is to relieve the burden of the taxpayer from footing the bill for emergency response and to place it on those that were at fault and their insurance company. Despite the FDNY statements, all drivers are going to be charged, regardless of whose fault the accident was. Ambulances in New York City already charge $400 - $500 for transportation to a hospital and the crash tax will double that bill.

Will this lead to some other, outside determination of liability or fault by a City of New York agency? Will they review the police reports and try to determine fault? If such a panel is ever created, that would create a third forum in which fault is decided, adding to the arbitration agreements between your insurance company and any lawsuits resulting from the car accident.

Some have questioned whether car insurance would actually cover the cost of the crash tax. In New York State, each and every car insurance policy includes coverage for economic losses resulting from a car accident. This coverage, known as no-fault, currently pays for the ambulance bill, regardless of who was at fault. I would see no reason why the current no-fault law would deny payment of the crash tax.

Will your insurance go up? Probably. Will there be an outcry for tort reform, blaming accident lawyers for your increase in insurance premiums? Absolutely. What is really happening here is that a cash-strapped municipality is seeking to close a budget gap by going after insurance. The City of New York is one of the most aggressive in defending lawsuits for personal injuries, frequently stating that settlements are passed on to the taxpayer. They are now forcing consumers into the same predicament as insurance carriers are definitely going to pass on the increase through higher premiums. Although the City has the opportunity to defend themselves before they have to pay money, they have magically taken away your right to do so, charging everyone. Is that fair?

Be Safe This Staten Island Christmas

Frank Dito — Wed, 08 Dec 2010 17:45:06 -0500

All this week I have noticed Christmas trees tied on top of cars, on their way home for the holidays. Before you put up your tree, make sure that you have prepared your home and decorations to ensure a safe holiday season. If you have a real tree, its important that you water it frequently, especially over the first few days you have the tree in your house. Normally, the base will be recut where you buy your tree before they put it on top of your car. If they haven't, you will need to cut about 1" off the bottom before you put it in the stand so that the tree will properly take up water into the trunk. You want to make sure that the tree doesn't dry out before Christmas day. Select a spot away from radiators or heating vents, which will quickly dry the tree out, despite your efforts at watering. Also, remember to keep lit candles away from the tree. An errant ember or the candle being knocked over may cause the tree to go on fire. The same holds true for Hanukkah Menorah. Make sure that the Menorah is kept away from curtains or drapes, which could burn if they come into contact with the lights.

When you are putting on the tree light's, make sure that the wires are not frayed or broken. Despite the small bulbs appearance, the electricity running through the wires is the same as that which powers your household appliances. If the frayed wires short, which means that the bare wires touch each other, a fire will result. Avoid using the large, old-style, screw-in light bulbs on a real Christmas tree. These bulbs get very hot and when they come into contact with a dry branch, they have possibility to start a fire. Instead of the large bulbs, buy the smaller, cooler mini-lights or even better, the new LED lights. These lights burn at a much cooler temperature and also have the benefit of using much less electricity. Although they are initially more expensive than regular incandescent bulbs, they last considerably longer and their cost is more than made up for in electricity savings.

If you have small children in the house, make sure that the tree is safely secured in the base to avoid tipping over. Keep glass ornaments on the upper branches, away from the small children, as they may break the ornament or ingest broken glass if they put the ornament in their mouth. Also, some of the berries present on holiday plants, such as Holly and Mistletoe, are toxic. Make sure to remove the berries if your plants are in an area where small children can eat them. Following these simple tips will help to ensure that your focus can be on enjoying the holidays. Please have a Merry Christmas and a Happy New Year.

Has The School Bus Really Been Checked for Sleeping Children?

Frank Dito — Mon, 06 Dec 2010 17:18:01 -0500

Driving around Staten Island today, I was behind a yellow school bus. Since it was around 1:00 p.m., the bus was empty as most students were still in school. What I noticed was the small sign that was hung outward on the back window, alerting drivers that the bus had been checked for sleeping children. The sign law was enacted after numerous New York City school children, some as young as 2-years of age, were left asleep and alone on a school bus after the driver and matron failed to properly check the bus at the end of the day. Checking the bus for sleeping children seems so logical that you would hardly think a sign would be necessary, but it is.

The next problem that we face is bus drivers and matrons leaving the sign on the back of the bus ALL OF THE TIME. I know that I have driven behind a school bus fully occupied by children but having the sign that says its was checked for sleeping children. The purpose of the sign is to force the bus driver or matron to walk to the back of the bus to put the sign on, almost forcing them to look through each row for sleeping children. Having the sign permanently affixed defeats the entire purpose and makes for forgetting a sleeping child possible again.

If you are riding behind a bus that clearly has children inside and the "checked for children" sign is up, call the bus operating company and report what you have seen. Its the only way to make sure that the sign requirement is working, without the unfortunate happening of a child left on board. Its about 34 degrees in Staten Island today - would you want your child left on a cold bus?

Winter is Here - Now is the Time to Inspect Your Heating System

Frank Dito — Fri, 03 Dec 2010 16:58:45 -0500

As the temperatures have steadily dropped, with the first signs of frost occurring during the overnight, the familiar feeling of the heat coming on has been felt by all. As most homes on Staten Island have either oil or gas heat, a natural by-product of the burning of these fuels is carbon monoxide. Carbon monoxide is a colorless and odorless gas that can kill quickly if you are exposed to high levels. If the appliances that burn the fuel are properly maintained, the amount of carbon monoxide released into the air is undetectable.

At the start of heating season, its a good idea to have your hot water heater and furnace checked out by a professional to ensure that carbon monoxide is not being released into your home. At a minimum, check to make sure that vents and flues have not become clogged or blocked over the non-heating season. During the spring and summer, birds may build nests inside the flue pipe. When the heat is turned on, the carbon monoxide will be vented back into the house, creating a potentially fatal situation.

Its also a good idea to have carbon monoxide detectors on all floors of your house. It is important that if the detectors go off, to open windows immediately and get everyone out of the house. Call 911 from a neighbors house, not from yours, as the levels of carbon monoxide inside may be so high that you may never make it out.

If you or your family is suffering from unexplained headaches, dizziness, fatigue or nausea, these may be the symptoms of carbon monoxide poisoning. See a doctor immediately and make sure that you have carbon monoxide detectors on all floors and that your heating system is properly functioning. Putting off installing carbon monoxide detectors or inspecting your heating system for just a day may cost you your life. Take action now.

Hylan Boulevard Once Again the Scene of Tragedy

Frank Dito — Mon, 29 Nov 2010 16:10:02 -0500

Once again, Hylan Boulevard was the scene of 2 serious accidents over the Thanksgiving Weekend, resulting in the death of an 82 year old woman and leaving a 72 year old driver in serious condition. The accidents occurred at opposite ends of Hylan Boulevard, Steuben Street in Grasmere and Woods of Arden Road in Eltingville. What both areas have in common is that the traffic usually thins out in those areas, allowing cars to go racing along at highway speeds. What can be a close call for cars traveling at the 35 m.p.h. speed is a tragic accident when a car is traveling at 50 m.p.h. and above.

Once again, my previous posts about how Hylan Boulevard is more akin to a highway than a street, allowing cars to drive recklessly at speeds rivaling that of Staten Island highways. These accident were not caused by a faulty road design, a blind spot or even the need for a traffic light where there is a stop sign. Instead, these accidents are solely the fault of driver's speeding along Hylan Boulevard. Again, police have set up patrols in an effort to slow people down but to no avail. People need to change. No longer is it acceptable to tailgate that car going 35 m.p.h. because you want it to go faster. Its the speed limit. Its the law. We all need to follow the law as its our only way to prevent more accidents from occurring in the short term.

The City of New York has said that a red traffic arrow, in addition to the already present green traffic arrow, stopping cars from making a left hand turn will help to prevent accidents at the Steuben Street location. Over the last 18 months, 3 fatal accidents have occurred at the intersection. The cause of the accidents has been attributed to the same cause, namely cars trying to make a left hand turn across Hylan Boulevard. Since the City is obviously aware of the problem and has even proposed some sort of remedial action, my question is, "When?" How long does it take for the City to add a 2nd arrow to the light? This is the 3rd death in little over a year - do we have to wait for a 4th? The City needs to move faster to solve this problem, especially since they know the answer already.

In the meantime, will all the speeding along Hylan Boulevard - those 5 minutes you may save - be worth it if you kill someone in an accident? Could you forgive yourself? What if someone took the life of your family member because they were speeding. How would you feel? Please, please, slow down!

City Looks To Limit Liability In Staten Island Ferry Crash . . Again!

Frank Dito — Wed, 17 Nov 2010 17:02:18 -0500

The City of New York, taking the lessons learned from the lawsuits resulting from the October 2005 crash of the Andrew J. Barberi, has once again sought to limit their liability from the May 8, 2010 crash of the same ferry boat. The City of New York recently filed a petition in federal court in Manhattan asking that court to limit their liability to $14.4 million, the estimated value of the ferry boat. The petition, filed under the Limitation of Liability Act of 1851, also has the effect of consolidating cases filed in New York State courts into the federal court arena.

The City is once again claiming that the crash, which injured 32 people, simply wasn't their fault. Although the Barberi has had a history of crashes, the City is arguing that the American Bureau of Shipping certified the ship as seaworthy and they did nothing wrong in causing the crash. As this blog has previously posted, a subsequent NTSB investigation (pdf) revealed that samples of the oil used to control the steering engine were highly contaminated. This contamination caused the propulsion valves to become sluggish, possibly causing the steering system to fail. In fact, shortly after the crash, the United States Coast Guard issued a Safety Alert recommending that the two oil filters on the propulsion engine be changed periodically. Despite the Andrew J. Barberi being in service since 1981, and the fact that the Manufacturers Owners Manual requires regular replacement, maintenance engineers NEVER once changed the filters in 29 YEARS! For the City of New York to now claim that they bear no responsibility for the crash is totally disingenuous. Their maintenance department failed to change a necessary component, apparently never taking the time to read the owners manual in the 29 years that they owned the ferry boat.

Unfortunately, what what the City is really trying to accomplish is to take these injury cases away from a jury and to use the pressure of the federal courts to force settlements upon the claimants. In the October 2003 litigation, the City's petition to limit liability was defeated as the federal court found that the Department of Transportation did not even enforce their own rules requiring two-pilots to be in the wheelhouse, a direct cause of the crash. This situation is no different. As was the case in 2005, I don't believe the City has any hope that their petition will be granted. What they hope is to have all the cases filed in federal court and by the time the petition is decided, it would be too late to go back to the State court. The City is hoping that a federal judge wont punish them for their neglect like a jury of our citizens would. Once again, the City is playing with your safety by cutting costs and then attempting to reduce their liability for the injuries they caused. I hope the federal courts see through this game and deny the petition, sending the cases back into State court.

Staten Islanders Warned to Be Careful of Turkey Fryers

Frank Dito — Tue, 16 Nov 2010 18:18:23 -0500

Thanksgiving is right around the corner. Besides the ever-earlier appearance of Christmas decorations, I have also noticed turkey fryers and frying oil at the local Home Depot. More and more people each year decide to deep fry a turkey for the holidays, but many may not know how to properly go about it. I started to deep fry turkeys for Thanksgiving and Christmas about 6 years ago, using the typical propane fryer, and spent many hours outside on Christmas day making sure that the oil did not overheat. After placing the turkey into the hot oil, the temperature of the oil would drop dramatically. I would have to raise the temperature of the oil so that it could reach the proper cooking temperature, and then again make sure that the oil did not overheat. Peanut oil starts to smoke at 450 degrees and could flash over, or ignite, after rising a few degrees above that temperature. I would have to raise the temperature by opening a valve on the propane fryer and increasing the size of the flames. The turkeys were the best anyone in my family ever tasted and would usually be eaten before it made it from the cutting board to the serving plate. Needless to say, when I added a second turkey, I was spending more hours outside than inside cooking. To cut down my outdoor time, last year I invested in an electric turkey fryer. Unlike the propane burners, the electric fryers have a thermostat, preventing the peanut oil from flashing-over and making sure that the oil stays at the proper cooking temperature. The absence of an open flame also prevents oil that spills over the side from going on fire. The advantages over the propane burner are so great that they are even approved for indoor use, although I wouldn’t recommend that.

I have attached a helpful video that shows the dangers involved in deep frying a turkey and provides helpful points for you to follow if you decide to deep fry a turkey. I have provided a few of these helpful safety tips below:

Make sure that the turkey is completely thawed before placing into the hot oil. The threat is not from the turkey actually exploding, but from the oil bubbling over uncontrollably, igniting on the open flame. Make sure that you don’t overfill the fryer. It’s always possible to add oil once the turkey is in the fryer but impossible to take out boiling oil. Never allow children or pets near the turkey fryer, as even hours after the burner is shut off, the oil will continue to stay hot. Never use turkey fryers on wooden decks as any spilled oil may ignite, setting the deck on fire. Also, make sure that an all purpose fire extinguisher is available. If the fire is manageable, use the extinguisher. However, don’t hesitate to call 911 if the fire increases or you don’t feel safe in trying to extinguish the fire yourself.

The preparation in frying a turkey is well worth the time and effort. With the many different marinades and rubs for you to choose from, you can always find a taste that you and your family will look forward to during the holidays. Please be safe.

'Legal Pot' New Threat To Staten Island Teens?

Frank Dito — Mon, 15 Nov 2010 16:27:39 -0500

Just days after the dangers of Four Loko were thrust into the public eye, a new threat to the Staten Island teenager has emerged. Apparently, its perfectly legal to buy "synthetic marijuana" in Staten Island. The "drug", sold as incense under such names as K2, Red Dragon or Wicked, is easily available in gas station and convenience stores throughout Staten Island, along with rolling papers. If smoked, instead of burned as incense, the effect on the user is "overpowering", similar to that of marijuana.

As it is a synthetic product, the drug leaves no trace in the bloodstream and therefore, a teenager can smoke the synthetic marijuana without fear of being caught by their parents or even arrested. As it is not regulated by any City, State or Federal agency, anyone can buy it. Convenience store owners are under no legal obligation to check identification to make sure that the person is at least 18 years old, the minimum protection required for the sale of cigarettes. Although proven to be cancer causing, cigarettes have not been to known to induce hallucinations, racing heartbeats, anxiety, paranoia or elevated blood pressure. Although just as powerful as marijuana, the high from the synthetic version lasts only about 10-30 minutes.

Apart from the ease of purchase, the synthetic marijuana is marketed as "all natural" and "100% organic." The truth is that it is anything but natural and contains synthetic cannabinoids, produced in a laboratory, sprayed onto natural herbs. There is no way to tell how much of the synthetic cannabinoids each package contains, or what other contaminants may have been introduced during the manufacturing process, exposing the user to unknown dangers.

The drug puts us, the non-user, at a severe risk as we can't tell who is using since there is no way to test for its use. People that have sensitive jobs, where drug testing is random, could be smoking synthetic marijuana and we would never know about. The train operator, the hospital worker or even the school bus driver is able to smoke and no one would ever know about it. We could be sharing the road with someone that has just smoked the synthetic pot, which makes them just as dangerous as a drunk driver.

The sad news is that a bill to the sale or distribution of the synthetic marijuana has been pending in the New York State Senate since March, but no action has been taken on it. Drunk driving has become "zero tolerance" amongst law enforcement agency because of the damage it has caused - hundreds of lives destroyed, children without mothers, fathers without sons. We sat back and watched when drunk driving was cool and acceptable. Are we going to wait until we read about tragedies caused by synthetic pot use or are we going step up and ban it while we still can? We can't let this danger continue to roam our streets - I urge you to write your local representatives to take action now - before its too late.

Staten Island Little League Sued . . . Again!!

Frank Dito — Thu, 11 Nov 2010 15:44:38 -0500

New Springville Little league has been sued again, by the same lawyer that was successful in a suit against the little league last year. Last year, the family of Martin Gonzalez received $125,000 for injuries Martin sustained when he slid into second base during a game. The lawyer argued that Martin, 12-years old at the time, was injured because he was never taught to slide properly nor were the bases properly designed to "break away." Despite what many attorneys believed to be a loss, the insurance company for the little league decided to settle.

Cases involving injuries sustained during sporting events are very difficult to win because of a legal principle known as "assumption of risk." When you play sports, you understand that you may be hurt by such things as a baseball, another person or even tripping and falling on the field. Despite your injuries, the principle says that you would be unable to recover any money as you knew the risks but decided to play anyway. At the time the Gonzalez lawsuit was filed, many lawyers on Staten Island didn't believe that it was a strong case. However, the insurance company paid a substantial amount of money to settle.

Now that the insurance company has paid out money, to no ones surprise, a double-header lawsuit was recently filed by the mother of a little league player who was hurt after being hit by a batted ball and then hurt again 2 years later while sliding into third base, very similar to what happened to Martin Gonzalez. Many people have left comments on silive.com expressing outrage over the new round of lawsuits. Numerous comments call for action against the lawyer and blame the current high health care costs on attorneys. Without commenting on the merits of the suit, these comments show the public's ignorance of the role of the trial lawyer in today's society. Instead of recognizing the good that we have done, we are the punch line of jokes and blamed (partly) for the current economic crisis. How we change the public's perception of trial lawyers is a battle that we may never win. However, we need to do everything that we can to change that perception. Remember the Ford Pinto? Do you think Ford would have changed the design without the lawsuits? I know they wouldn't.

Four Loko To Be Banned On Staten Island? It Should Be!

Frank Dito — Wed, 10 Nov 2010 14:07:56 -0500

U.S. Senator Charles Schumer is seeking to ban the sale of caffeinated alcoholic drinks in New York. These drinks contain up to 12% alcohol by volume and are commonly sold in a colorful, 23.5 ounce can. Most domestic U.S. beer contains between 4-5% alcohol content by volume and are sold in 12-ounce cans. Consuming one can of these drinks delivers the equivalent of 3 cans of beer, but with 50% less drinking. With common brand names such as Four Loko and Sparks, they are sold in brightly colored cans for between $2.00 and $3.00 each. These drinks were recently blamed for the hospitalization of six Ramapo College students last month for alcohol poisoning.

Apart from the price, the danger lies in combining alcohol (a depressant) and caffeine (a stimulant) in a fruit-flavored canned drink. The drink, consumed mainly by college students, allows a person to drink well past the point they would normally be too drunk to continue. The caffeine, as a stimulant, masks the effects of the alcohol, and provides you with additional energy and stamina to continue drinking. Once the caffeine wears off, the full effect of the alcohol is felt. Since the caffeine actually disguises how much alcohol that you have actually consumed, the user may become more intoxicated to the point of passing out or even alcohol poisoning.

The low cost, colorful cans and "high energy" marketing, the drinks may be mistaken by younger children for other caffeinated but non-alcoholic drinks. The low cost and ease of availability at stores such as 7-11 may also help to get the drinks into the hands of teenagers. These drinks are a danger and should be better regulated. We cannot wait for the FDA to determine if alcohol and caffeine are safe, in the meantime college students are being hospitalized after consuming the drinks. These drinks are a deadly combination of drugs that allow teenagers and young adults to become very drunk, very quickly, very cheaply. Support the ban now!

Last Day for 9/11 First Responders to Accept Settlement

Frank Dito — Mon, 08 Nov 2010 15:06:16 -0500

Today is the deadline for 9/11 first responders to accept a settlement offer proposed by the City of New York and the attorneys for the approximately 10,000 injured emergency workers. The settlement, estimated at $815 million, must be approved by 95% of the first responders that have filed claims for their injuries caused by exposure to the toxic cloud that they worked in immediately after the collapse of the World Trade Center Towers.

Workers, depending on the severity of their illness, will receive just a few thousand dollars or up to millions for those most seriously ill. A large portion of the settlement will be apportioned to attorneys fees and expenses. The law firms involved spent enormous amounts of money and without their efforts, no settlement would have been forthcoming. Their legal fees are not the problem.

The proposed settlement, once facing an uphill battle for approval, increased its chances with the House of Representatives passing of the Zadroga Health Care Bill in September. The Zadroga Bill, if passed by the Senate, will re-open the 9/11 Victims Compensation Fund (VCF) and provide medical benefits to those who suffered illness from exposure. The reopening of the VCF would provide the first responders with a chance to recover money for the pain and suffering that they have endured.

Since the senate will not vote on the Zadroga Bill until they return from the mid-term elections, how can any one person be expected to agree to a settlement without actually knowing what they will receive? No one has guaranteed the passage of the Zadroga Bill once the senate reconvenes so why put a deadline of today for those to settle? Haven't they suffered enough? Faced with the pressure of wondering what their exposure will mean in the long-term, if they will even live to see their grandchildren, the government (I include the City and Federal government under that umbrella) is now forcing the first responders to make a choice - settle now for a limited amount of money with the promise of "maybe" more benefits. If they agree to settle and the Zadroga Bill doesn't pass, will the settlement money be enough for their future health care and lost wages? That answer is a simple "NO."

Basically, the government has asked the emergency workers to "trust it." This is from the same government that told the responders repeatedly that the air was fine and safe to breathe. Now they are falling ill and dying in ever increasing numbers. "Trust me" they ask now - my father always taught me to walk away from a "deal" like that offered by someone who has burnt you before. Fool me once . . . We all know how that ends.

No Bed Bugs in Staten Island Schools . . .Yet!

Frank Dito — Fri, 05 Nov 2010 15:42:34 -0500

Staten Islander's can take relief. The Department of Education has reported bed bugs in 16 public schools throughout Brooklyn, Manhattan, the Bronx and Queens. Finding bed bugs is just the beginning of the problem; getting rid of them is the other. The bugs can hitch a ride home on clothing or inside a backback. Once in your home, they are very difficult to eradicate. Make sure that backpacks are left out of the bedroom and periodically checked for the bugs.

The bed bug "epidemic" has created a cottage industry overnight. A quick search of the Internet reveals a host of "all natural" sprays and exterminating kits for sale. Little information can be found about their ingredients and that is where my concern lies. With the rush for "cures" to stop the bed bugs, one has to wonder what is going into these all natural remedies. Also, many people are seeking to use powerful insecticides to self-treat, as the cost for professional extermination is quite expensive. This may unnecessarily expose children and adults to high levels of toxic chemicals if they are not used in accordance with the instructions.

If you see bed bugs, call a licensed exterminator. Once they are discovered, it is extremely difficult, if not impossible, to rid your home of them without professional help. If you decide to "do it yourself", please read the manufacturer's instructions and follow them carefully when applying pesticides. And only use chemicals as intended. If you have a mattress with bed bugs, you need to throw out the mattress as it cannot be properly cleaned or treated with chemicals. The expense to remove the bugs professionally is high but you will be assured that the job is done properly and safely, with no risk to your family.