Blog – Neinstein Personal Injury Lawyers
Mix & Mingle raises $150,000 to help ABI survivors
We’re proud to announce that thanks to the efforts of the Ontario Brain Injury Association (OBIA) and the Brain Injury Society of Toronto (BIST), the 11th annual Mix & Mingle raised $150,000 to support Acquired Brain Injury (ABI) survivors.
About 700 professionals who work with ABI survivors, along with family and friends, attended this year’s event, which was held at the Steam Whistle Brewery on June 10.
“Mix and Mingle does one of two things; it raises awareness of brain injuries in Ontario and it enables each organization to continue to support individuals and their families who are living with brain injuries,” said Ruth Wilcock, Executive Director of OBIA.
Neinstein’s Managing Partner Greg Neinstein has been chair of the event for the last six years. “I’m proud to be involved in such a successful event and I hope to continue giving back to such a noteworthy cause,” says Neinstein.
Brain injury is very prevalent to occur in our society. Brain injuries are 15 times more likely to occur than a spinal cord injury, 20 times more likely to occur than breast cancer and 400 times more likely than HIV/Aids.
How can product recalls be improved?
(Photo credit: ugaldew/SXC)
When a product is defective, companies announce recalls and the issues related to it. But sometimes customers aren’t aware there’s been a product recall.
A recent CBC News story illustrates this problem after an 18-year-old boy is in danger of permanent damage to his left eye after a wire from the goalie helmet he was wearing snapped off and cut a piece of his iris. A horizontal wire from the titanium cage snapped and hit his face after the boy was struck by a puck.
The boy underwent a three hour surgery and it was only after the incident that the family discovered that helmet manufacturer Bauer issued a recall two months earlier. According to the recall notice, a quality issue in the cage’s manufacturing could result in the cage’s metal wires breaking off, which poses a risk of facial impact or a laceration hazard, or it may not provide sufficient protection to a goalie when they’re hit by a puck.
About 1,300 of these helmets, which were manufactured in Thailand and China, were sold in Canada during the period of April 2013 to February 2015.
Before issuing the recall, the company received nine injury reports during similar situations where the helmet cracked or broke after it was hit by the puck. From these reports, there were minor facial injuries in four of these cases.
Unfortunately, the 18-year-old boy may not be as lucky. He was told by a doctor that the chances of fully recovering his vision is slim and he may never play elite level hockey.
Companies can inform customers of a recall directly if they’ve registered the product, but not everyone registers when they buy a product. Recalls are typically announced on the news, but these are usually short news stories, unless it’s a large widespread recall, such as the GM’s ignition switch recall and the Takata airbags recall. While the government’s Healthy Canadians website details all the recalls announced, not all Canadians monitor the website on a regular basis.
“We either forget about it or we often don’t necessarily know for sure if we actually own or have purchased the product in the first place,” says Sylvain Charlebois, an associate professor in the University of Guelph’s marketing and consumer studies department, told CBC News.
In the hockey helmet case, the company says it stopped retailers from selling the product once the problem was identified and Health Canada and the U.S. Consumer Product Safety Commission were informed, according to CBC News.
This incident comes after a US study found that there was only a ten per cent response rate to recalled children’s products. Also, the transport minister recently introduced new legislation that gives the government the power to issue vehicle recalls.
Product recalls can have very real, unintended and harmful consequences for families and their loved ones and you have the right to file a personal injury lawsuit for a product’s liability. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have handled personal injury cases throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Toronto Rehab researchers working on boots to prevent slip and falls
(Photo credit: Nate Grigg/Creative Commons)
Warmer weather has finally arrived in Toronto, but this hasn’t stopped researchers at the Toronto Rehabilitation Institute from working on their winter footwear year round.
Researchers at the Toronto Rehab are working on creating a slip resistant material that could be used in the soles of winter boots to prevent slip and falls.
“I think anyone who has slipped or fallen on ice can testify that it is a painful or nerve-wracking experience,” Reza Rizvi, a postdoctoral fellow at the Toronto Rehabilitation Institute working on the project, told AIP Publishing.
“Now imagine being frail or disabled – a slippery sidewalk or a driveway is all that it takes to trigger a life-changing fall. A serious fall on ice resulting in a hip fracture can be a death sentence for an older adult.”
Better footwear can encourage seniors to venture outdoors more frequently during the winter. Often seniors feel trapped indoors because they are worried about falling.
The material currently being tested is made from thermoplastic polyurethane, which is a compliant rubber plastic that is embedded with many glass fibres that dig into ice on a micro level to improve traction. While cleats can work in the winter, this material differentiates itself by allowing the wearer to safely walk indoors on surfaces such as tile, which is dangerous to walk on with cleats. While indoors, the material acts similarly to normal rubber, this allows it to stretch and bend accordingly.
The team is currently testing the product in its WinterLab where the weather conditions of a normal Canadian are replicated, including the cold temperatures, snowy and icy surfaces and high winds, which allows researchers to study slip and falls without having anyone be hurt in the process.
One aspect that needs to be overcome before it is used in the marketplace is improving the materials long-term use. It’s been shown that the material’s slip resistance fades with use. Also, while the team created a good material to prevent slip and falls, they’re looking to scale its production so it can be mass produced.
With over 21,000 Ontario residents visiting emergency rooms due to slip and falls on snowy and icy surfaces, this material could go a long way in improving a person’s safety and well-being during the winter.
“This work has the potential to have a real impact on the massive, expensive public health problem of winter falls, not to mention the dramatic improvement in quality of life for those living in northern climates,” Tilak Dutta, a lead member of the research team at the Toronto Rehabilitation Institute told AIP Publishing.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for over 45 years. We know how to help you get compensation after a slip and fall accident. Call us at 416-920-4242 to set up a free consultation.
Transport Minister could soon be allowed to order a vehicle recall
(Photo credit: OiMax/Creative Commons)
The Government of Canada introduced new legislation that would let the Transport Minister order a vehicle recall.
Currently, auto manufacturers decide when to voluntarily recall a vehicle, which is posted on Transport Canada’s vehicle recalls database. But if this legislation passes, it would allow the government to order manufacturers to fix recalled vehicles, which is similar to what’s done in the United States.
“While manufacturers and importers actively issue recalls, the decision cannot rest exclusively in industry’s hands,” said Minister of Transport Lisa Raitt in a press release. “This new proposed legislation will strengthen oversight of the recall process. This will be a big win for consumers and for the safety of all Canadians.”
Auto manufacturers could face fines if they don’t comply in announcing a recall, which is meant to help handle safety issues quickly. The legislation also grants the Transport Minister the ability to order manufacturers or importers to pay for repairs and ensure new vehicles are fixed before they are sold to the public.
This legislation comes amid last year’s changes which allows the Minister to order auto manufacturers to issue a Notice of Safety Defects when there are issues with their vehicles. In the past, companies decided when to issue notices.
This proposed legislation comes at a critical time with Takata airbags causing the largest vehicle recall of in US history with 33.8 million air bags deemed defective. In Canada, 1.5 million vehicles have been recalled for faulty airbags which could explode with shrapnel into the passenger side of the vehicle. The defect has been linked to six deaths and led to hundreds of injuries.
Due to the extent of the recall, there have been reports that some car owners may need to have their vehicles repaired more than once.
In 2014, there were a record number of recalls announced due to many of the vehicles recalled related to the GM ignition switch issue and faulty airbags. In Canada, there were more than eight million vehicles recalled with about 600 recall notices issued, according to CBC News.
Drivers have a right to feel safe in the vehicles they operate and they should feel confident all safety features are fully functional to handle a worst case scenario. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all product liability issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a motor vehicle accident. Accident benefits are available to drivers, regardless of who caused the accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Bicycle safety: What can and can’t a cyclist do?
(Photo credit: Pixabay/Creative Commons)
Good weather means more and more people taking alternate modes of transportation to get around.
In 2010, about 19,000 cyclists rode within Toronto’s downtown core at 7 a.m. to 7 p.m. during a typical weekday. The City of Toronto has the highest number of residents using a bicycle to get to work at 1.7 per cent and on a nice spring or summer day, it’s common to see cyclists sharing the streets with cars, buses and streetcars.
With more cyclists hitting the road, drivers may not understand a cyclist’s actions, which could lead to some anger and frustration.
For example, typically cyclists ride on the shoulder of the road, near the curb, but at times you may spot a cyclist riding in the centre of the lane, which may make it impossible for a car to pass.
Drivers may not be happy with the situation, but it is legal for a cyclist to do so. Cyclists may ride in the centre of the lane when riding in areas with sewer grates or debris that could get stuck in their bike’s tires and make them unstable or if they’re planning to make a left-hand turn.
While slow-riding vehicles are required to ride close to the curb, according to the Highway Traffic Act, this only needs to be done when it’s practicable for riders. For example, cyclists need to shift lanes, just like cars do, when there are cars parked on the street.
Any cyclists dealing with frustrated drivers while taking over the lane should ignore them and continue riding until it’s safe to shift back to the curb. While any drivers should be patient with cyclists because they may be riding in the centre of the lane because it’s unsafe to ride near the curb.
Meanwhile, Toronto cyclist groups are pushing the Ontario government to allow bikers to do rolling stops at stop signs in residential areas. Currently, they follow the same rules as vehicles, which means they’re required to come to a full stop at a stop sign. But Toronto cyclists hope to follow in the footsteps of the state of Idaho which treats stop signs as yield signs.
“The rationale behind this is that bicycles are momentum-based vehicles,” the head of Cycle Toronto told CTV Toronto. “All the energy, all the work in cycling is in starting and stopping.”
Cyclist advocates also argue that this change could decrease the number of cycling collisions.
For your own safety, cyclists are currently required to follow the same rules as cars on the road, but drivers also need to be on the lookout for any cyclists who are sharing the road.
Recently, a Toronto man plead guilty to failing to remain at the scene of an accident causing death after the hit and run of a cyclist in 2012. The cyclist died when he was hit from behind while stopped at a red light and waiting to turn left. Initially, police told his wife that the cyclist was killed after riding through a red light at an intersection, but this was proven to be untrue when the case was re-opened.
If you’re involved in a bicycle accident, there are certain steps you should take.
Being involved in a bicycle accident is a frightening experience for anyone. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling personal injury claims for clients throughout Ontario for more than 45 years. We know how to get you the compensation you need. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Stay safe while boating
Wearing a life jacket lets you safely enjoy time on the boat this spring and summer.
Boating is a water hobby that can be fun for a group of friends or the whole family, but it is important to keep in mind that boating accidents do happen. In Ontario hundreds of people are victims of boating accidents each year. Some of these accidents fortunately do not involve fatalities or even injury, but many do.
While boating accidents dropped to a ten-year low in 2014 with 20 fatalities, 17 of these deaths were attributed to not wearing a life jacket or a personal flotation device (PFD), according to the OPP.
In 2013, the OPP investigated 23 boating fatalities, in 20 of the incidents; boating victims were not wearing life jackets. Between 2009 to 2013, eight out of ten victims of boating fatalities were not wearing PFDs or were wearing them incorrectly.
Last July, a married couple died in a boat crash on Bartlett Lake after a ski boat collided with a pedal boat. After the crash, the passengers of the ski boat rescued the woman, but she succumbed to injuries en route to the hospital. Meanwhile, the body of the man was found in the lake a few days later. Both passengers of the pedal boat weren’t wearing life jackets. The driver of the ski boat was later charged with two counts each of causing death by criminal negligence, dangerous operation of a vessel causing death, careless operation and operate a pleasure craft without prescribed competency under the Canada Shipping Act, according to CBC News.
Before heading out, always make sure you have the right boating gear and safety equipment on your boat. Check the boat before heading out and make sure you dress warmly and that your life jacket will fit over your heavier clothing, even if it’s cold outside,
Have a general idea of your surroundings. Boats are not allowed in dams and hydroelectric stations, especially since dam gates can create dangerous waves for boaters. Anyone operating a marine vessel near a dam can be fined as much as $2,000.
Also, tell somewhere where you’re going and when you’re expected to be back. If you’re boating during the dark, your boat needs properly functioning navigation lights.
Boaters are required to carry proof of competency, which includes either a Pleasure Craft Operator Card, a completed rental boat safety checklist or, proof of completion of a Canadian boating safety course.
Besides these safety tips, you should never drink and operate a boat.
“We are all responsible for safety, as boaters, cottagers, guests as well as marina staff,” Chief Superintendent Chuck Cox, Commander of the Highway Safety Division, said in a press release. “Strongly encourage your family and friends to not mix drinking and boating before they head out and report impaired boaters to police,” added Cox.
The only time boaters are allowed to have an open alcohol is when the boats they are on have a permanent sleeping area, a kitchen and washroom facilities and only when the vessels are anchored or docked.
Boating accidents can be described in three types of scenarios as they may or may not comprise of a collision. The first scenario is when a vessel is damaged more than a minimum amount. The second scenario is an incident is when a boat passenger is seriously injured. The third scenario is when a boat passenger disappears from the boat and it is suspected that death or injury occurred. In all of these cases, the operator or owner of the boat must file an accident report with appropriate local authorities.
There are a variety of factors that can cause a boating accident, some of which are not always under the control of the boat operators or its passengers. The most paramount factor, which is also the easiest to avoid, is driving under the influence of alcohol or drugs. In over a third of all reported boating accidents, a driver who is under the influence of alcohol is a key contributing factor to the boating accident. Intoxicated drivers have slower reflexes and often make poor decisions that can have devastating results. Boating under the influence (BUI) is a criminal offense in under the criminal code of Canada and carries with it heavy fines and or imprisonment.
In addition, a great number of boating accidents are caused by hostile weather, such as strong winds or heavy rain, particularly when the weather comes up suddenly. In severe weather, even experienced sailors may have trouble navigating, avoiding collisions, or even keeping the boat afloat. Boats are also at higher risk of lightning strikes, which can injure or kill passengers or damage the boat. In addition, exposure to cold water or rain for long periods of time can lead passengers to experience hypothermia.
If you are an inexperienced boater you are at a higher risk of being involved in boating accidents. Inexpert boaters may have more trouble controlling the boat in extreme weather situations. They may also be unprepared to act when they encounter unfamiliar conditions, like when a storm springs up unexpectedly. Inexperienced operators are also more likely to ignore or not notice warning signs like wind picking up, the water getting shallow, or other indications that they need to avoid a hazard.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for clients throughout Ontario for more than 45 years, and we know how to help you get compensation after a boating accident. Call us at 416-920-4242 to set up a consultation.
Join Neinstein in rallying against changes to accident benefits
The Ontario government is proposing reducing accident benefits, which we don’t agree with. Victims of a car accident will face more suffering if the Ontario government’s changes to cut auto insurance benefits are made.
“Currently, catastrophic victims are able to access one million dollars of medical rehabilitation benefits (outside of OHIP funding) and another million dollars for attendant care needs in order to assist with lifelong limitations and necessary care needs. The proposed changes will cut this funding in half,” says Greg Neinstein, Managing Partner at Neinstein Personal Injury Lawyers LLP.
“One million dollars sounds like a lot of money, but if you are twenty years old and sustain a catastrophic injury, you will likely never work again and you will require 24-hour care, home modifications, and lifelong rehabilitation. The current policy limits will be exhausted within 5-10 years.”
Also, non-catastrophic injury victims will see their coverage for med/rehab and attendant care be reduced to $65,000 from $86,000.
Insurance companies would pay out less to victims, which could greatly impact their recovery and well-being.
We won’t sit quietly and wait for these changes to happen. Sign this petition to show your support for Ontario’s current accident benefits coverage. Also, join us, along with organizations, such as the Brain Injury Society of Toronto (BIST), Spinal Cord Injury Ontario and other victims, for our Rally for Ontario’s Future Accident Victims at Queen’s Park on June 3 at noon, where we will voice our concerns about why current accident benefits need to remain the way they are now.
These changes were introduced by Ontario’s finance minister to help reduce car insurance costs, tax payers will end up paying more instead, says the BIST.
“I also have no doubt that those who are injured will go without, families will shoulder the burden alone, and our [publicly-funded] healthcare system will pick up the tab,” chairwoman Judy Moir told CBC News.
But the Ontario government remains adamant on following through with the changes.
“The catastrophic insurance coverage is going to remain. It’s going to be at a million dollars. We want our dispute resolutions to be expedited more quickly so that those that are victims get the coverage that they deserve,” Finance Ministers told CBC News.
“In fact, catastrophic insurance, period, is still going to be available in Ontario — not available anywhere else — and we’re making it a million dollars, which is a substantive amount of coverage.”
Accidents can happen to anyone and the insurance coverage we pay for is crucial to helping spinal cord injury victims, acquired brain injury victims and other catastrophic injury victims after the incident.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling motor vehicle accident injuries for clients throughout Ontario for over 45 years. We understand the impacts injuries can have on your life and know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Truck collisions can be deadly
(Photo credit: Oregon Department of Transportation/Creative Commons)
Driving a truck is very different than operating a car, which is why employees need to have a separate driver’s license to legally operate the vehicle.
One important aspect of driving a truck is ensuring that the vehicle is being operated in a safe manner. It’s important that a driver is a good state of mind, which includes not being a distracted, intoxicated or fatigued while driving since it could make a difference in whether they’re involved in a crash.
Within the last decade (2005 to 2014), 696 people died from collisions with a large commercial transport truck, according to the OPP. Among those deaths, 92 truck drivers were killed and 604 occupants of other vehicles involved in the collision were killed. In cases where the truck driver was killed, 70 of those drivers were reported as not properly driving their vehicles at the time of the collision.
Many commercial truck collisions make the news due to the impact of their crash. On March 23, westbound lanes of Highway 401 were shut down after a tractor trailer fell off the ramp of Hwy. 404 and onto the 401. Two other vehicles were hit by the tractor-trailer, but only the driver suffered minor injuries. The 21-year-old truck driver was later charged with careless driving.
While on March 18, a massive pileup involving about 30 tractor trailers closed down eastbound Highway 401 lanes for hours. About 50 vehicles were involved in a pileup due to poor weather conditions. Luckily, only four people were hurt with non life-threatening injuries, but one tractor trailer spilled 40,000 litres of oil onto the highway.
Meanwhile, a 22-year-old truck driver was recently charged with careless driving after the truck he was operating drove into the support beam of the Thunder Centre shopping plaza sign in Thunder Bay, according to CBC News. The incident took place on Feb. 5 and police allege that fatigue was a factor in the incident. The driver was taken to the hospital for non life-threatening injuries and the tanker container remained intact.
When driving near a truck, whether it’s on the highway or on busy roads or streets, it’s important to leave enough room between yourself and the truck to ensure for safe stopping or lane switches, Also, pedestrians should ensure that truck drivers can see them when crossing the road, especially at night.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers will ensure that the accident benefits you claim are legitimate. We have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Light defect in LG refrigerator melts fridge’s interior
(Photo credit: Michelle Tribe/Creative Commons)
One appliance that every household heavily relies on is the refrigerator, it keeps our food from spoiling and even lets us enjoy cold treats at home, such as ice cream or cheesecake, which we otherwise wouldn’t be able to.
Whenever we open our fridge, we expect to feel cold air coming from the appliance. Unfortunately, one Regina family woke up to find their fridge warm and all the food stored inside was hot, according to CBC News. Also, the fridge’s plastic at the top of the appliance had melted.
“I couldn’t get the eggs out of the top compartment and everything else that was on the top of the fridge was warm. The yogurt was hot,” the family told CBC News’ Go Public.
“The cover for the light bulbs themselves — was melted completely. It was all bubbled. You could see singe marks on the light bulbs and the housing. … We’re concerned that [it] could have ignited — to get that hot, to do that sort of damage.”
Typically when we close the refrigerator door, the light bulb will automatically shut off. But this wasn’t the case for the LG fridge that was owned by the Hines’ family. The father was able to remove the bulbs from the fridge, but only by using a sock, which the bulbs were able to burn a hole through.
The family tested the temperature and discovered that the light bulb had heated the fridge to more than 350 F, which is as hot as an oven can get.
After the family called LG, the company told them that since the chances of the incident happening was very low, there was no recall issued, but a repairman they talked to had seen the problem for about a decade.
In 2010, Ontario’s Office of the Fire Marshal issued a warning about French-door LG fridges and Sears’ Kenmore refrigerator models, which were manufactured by LG between 2004 and 2007.
“The heat generated by the continuously lit bulb(s) can lead to the melting, charring and smoking of the plastic light fixture and interior lining located at the top of the refrigerator. In some cases, the heat generated by the bulb(s) can cause the fixture to separate and drop down,” says the warning.
While the company conducted tests on the issue, it wasn’t determined to be a fire safety hazard and no fires have been reported as a result of the product’s defect.
The family doesn’t understand why there wasn’t a recall issued. “Given the fact that they knew there was a defect, and they failed to do a safety recall, they put our family and a lot of other families at risk,” the wife told CBC.
Companies are expected to produce products that are safe for customers to use. If it’s discovered that this isn’t the case, a recall should be issued to inform them of the issue, along with steps to remedy the problem. Auto recalls are one example where car defects, such as the airbag or ignition switch, have led to the deaths that may not have occurred if the vehicle’s features worked as expected.
Product Liability Lawyers
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all product liability issues throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Man killed after dragged under a GO train
(Photo credit: Danielle Scott/Creative Commons)
Police are investigating after a 31-year-old man was dragged under a GO train that was leaving downtown Toronto.
The backpack of the man, who’s been identified as Daniel Panacci, was snagged by the Union Station train when it was leaving the station and headed towards Barrie. It’s unclear whether he was waiting for or leaving the train at around 5:30 pm during rush hour, but he was dragged under the train and it took some time for GO personnel to realize that someone was hit, according to Global News. Panacci, who was an IT professional at the Royal Bank of Canada, was pronounced dead on the scene.
“Transit safety officers were there moments after the incident,” Metrolinx spokesperson Anne Marie Aikins told Global. “We do have lots of staff and they are always watching out. There is only so much they can do.”
Meanwhile, police shared limited details as the investigation is ongoing. Panacci was walking eastbound on the platform when he was snagged by the westbound train.
“In order for you to essentially be struck by that train, you have to be within that operating area. And that is the yellow cautionary area. So at some point, he got inside that area.” Const. Clint Stibbe from the Toronto Police Service told Global.
While police have collected video surveillance, they are also appealing to witnesses to come forward to shed more light into the cause of the incident. The situation is being treated as a homicide and it’s expected that witness statements will have a huge impact in the investigation, Stibbe told the Toronto Star.
This incident comes after the regional transportation service’s first fatal bus accident in mid-January, which killed a female passenger. The driver operating the vehicle during the fatal rollover on Highway 407 near Weston Road was later charged with careless driving.
Stay safe on bus and train platforms by walking or waiting behind the white or yellow marked lines. During rush hour, when there may be large crowds, it’s important that you don’t rush forward and push people aside to reach your destination.
It’s important that you don’t make a last minute decision to cross in front of a train, go to a designated railway crossing to cross the tracks and never race a train to a crossing. Also, be aware that trains cannot stop quickly and keep your distance since they are usually moving faster and closer than you may think.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
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