Leavitt Yamane & Soldner

When Fatigue Takes Flight

With heightened security, full body scans, and additional baggage fees, flying the friendly skies can be stressful. And with so much on the mind of travelers these days, the last thought between double checking that you’ve packed enough underwear and removed all liquids from your carry on luggage – is how much sleep your pilot had the night before.

But the results of a recent poll conducted by the National Sleep Foundation is putting safety officials on alert. The poll found that close to one in four pilots (23 percent) admitted that sleepiness has affected their job performance at least once a week, with an even more alarming one in five pilots (20 percent) admitting that their fatigue has led to serious errors or problems while on the job. In comparison, among non-transportation workers the rate of error due to fatigue or sleeplessness is about 17 percent.

The study also showed that half – or 50 percent – of pilots are not satisfied with the amount of sleep that they receive during a typical workday, compared to 42 percent of non-transportation workers.

In December of last year the Federal Aviation Administration announced a sweeping rule, overhauling commercial passenger airline pilot scheduling, requiring pilots receive adequate rest between shifts. According to the new rules pilots are now required to receive a minimum of 10 hours of rest between shifts, with each break consisting of at least eight hours of uninterrupted sleep.

According to the National Transportation Safety Board, over the past 20 years there have been dozens of reported accidents and more than 250 fatalities, linked with pilot fatigue. One of these close calls include an incident in February 2008, when pilots of a go! airlines flight out of Honolulu admitted to falling asleep and overshooting its destination, Hilo, Hawaii, with 40 passengers and three crew members aboard.

According to reports, the pilots ceased responding to air traffic control communications roughly halfway through their flight. Despite several attempts to make contact, there was an 18-minute gap when no contact was made, and instead of landing at Hilo as scheduled, Flight 1002 passed over the airport and continued nearly 30 miles past its destination over the open ocean.

The report notes the pilots were under stress, and though he had never fallen asleep before, the 53-year-old pilot admitted to regularly napping while in flight. Mesa Air Group, which owns go! Airlines, fired both pilots after the incident.

The go! airlines incident took place almost a year to the day, before the Continental 3407 crash, on February 12, 2009. Forty nine passengers and crew on board and one person on the ground were killed when the plane crashed. Reports later determined that both pilots were sleep-deprived at the time of the crash.

Unsafe Toys Can Mean Playing with Your Child’s Life

When we bring a toy into our home we rarely think about the unseen dangers it can pose to our keiki. While auto incidents are the number one cause of injury in children, the toys that your son, daughter, grandchild or niece plays with every day can also be potentially deadly.

Some of the most common causes for injuries in children include:

• Lead paint
• Strangulation due to straps, cords or laces
• Choking due to small pieces or parts that broke off
• Toys which emit loud noises that can damage children’s hearing
• Lacerations due to sharp edges, points or corners
• Burns from flammable or explosive materials

All toys must include proper labeling and clear warnings about any hazards the toy could expose children to. Absence of these effective warnings can, by itself, make a toy dangerous when parents are unaware of the risks.

This week a number of children and infant products were recalled due to safety issues. Originally sold at Meijer Inc., these products were then improperly resold after their recall dates by discount retailers, dollar stores, as well as at flea markets and thrift stores across the country. These products include:

• Infantino SlingRider and Wendy Bellissimo Baby Slings: Sold at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale and other retailers throughout the United States and Canada from January 2003 through March 2010, the products’ slings pose a suffocation hazard to infants four months or younger – resulting in three deaths to date. One million of the soft, fabric baby carriers produced and sold in the United States. For more information call Infantino at (866) 860-1361 or visit www.infantino.com<http://www.infantino.com/> .

• Innovage Discovery Kids Animated Marine Lamp: These lamps with the model numbers 1627121 or 1628626 and Safari Lamps with model number 1627124 or 1628626 were imported by Innovage LLC in California and sold between July 2009 and January 2012. The silver lamps feature rotating films of marine or safari scenes, but a defect in the lamp’s circuit board can cause an electrical short, leading to the risk of a fire or burns. For more information call Innovage at (888) 232-1535 or visit www.lamprecall.org<http://www.lamprecall.org/> .

• Fisher-Price Baby Playzone, Ocean Wonders and Baby Gymnastics toys:There have been 46 reported incidents in the United States of the inflatable ball’s valve detaching, which resulted in three reports of choking in children. Call Fisher-Price at (800) 432-5437 or visit www.servicemattel.com<http://www.servicemattel.com/> .

• Fisher-Price Little People Wheelies Stand ‘n Play Rampway: The toy with model numbers T4261 and V6378 were sold with small cars that children can push down ramps. Sold between April 2010 and September 2010, only the purple and green cars labeled, “Mexico” which do not have a yellow dot on the bottom, have been reported to have their wheels detach from the vehicle, and are included in the recall. Call Fisher-Price at (800) 432-5437 or visit www.servicemattel.com<http://www.servicemattel.com/> .

• Munchkin Bathtub Subs: The battery-operated bathtub submarine toy sucks in water through a water pump to propel it forward and has been reported to suck in loose skin, posing the risk of laceration. For more information call Munchkin at (877) 242-3134 or visit www.munchkin.com<http://www.munchkin.com/> .

• Sassy Refreshing Rings: Sold between July 2009 and January 2011, the infant teethers and rattlers are connected by a black and white, plastic rod with floating rings, which have reportedly detached and can be dangerous if ingested. Call Sassy Inc. at (800) 326-6336 or visit www.sassybaby.com<http://www.sassybaby.com/> .

For an up-to-date list of recalled toys please visit:  http://www.cpsc.gov/cpscpub/prerel/category/toy.html.

Arsenic Discovered in Organic Brown Rice Syrup Commonly Used in Infant Formula and Energy Bars

Last month researchers at Dartmouth College found worrisome amounts of arsenic in organic brown rice syrup – a rice-based ingredient commonly used in infant formula, cereal bars and high-energy foods. The discovery raised awareness for the critical need to implement regulatory limits on the carcinogen in foods.

The report, which appears in February’s Environmental Health Perspectives set out to establish the concentrations of arsenic in commercial food products which contain organic brown syrup. To do this, the Dartmouth College research team purchased commercial food products containing organic brown rice syrup and compared them to like products made without rice syrup as an ingredient.

The study found that of 17 infant milk formulas tested, two had organic brown rice syrup as a primary ingredient. In these two formulas arsenic levels were 20 times greater than in other formulas. Additionally, one of the infant formulas with brown rice syrup had a total arsenic concentration six times above the U.S. Environmental Protection Agency’s safe drinking water limit of 10 parts per billion (ppb) for total arsenic. In the two formulas which tested positive for inorganic arsenic the results showed a presence of arsenic of roughly 8.6 ppb and 21.4 ppb.

The study also found that of 29 cereal bars tested, some bars which used organic brown rice syrup tested positive for two to twelve times more arsenic than the acceptable limit.

Arsenic is a natural element that can contaminate groundwater. Currently there are no federal restrictions in place for arsenic levels in food.

Last year, arsenic made headlines when Dr. Mehmet Oz, host of “The Dr. Oz Show,” raised concerns that about one-third of apple juice samples that he’d tested contained arsenic levels exceeding 10 ppb. While Oz was initially criticized by the U.S. Food and Drug Administration his findings were later substantiated by a Consumer Reports study which showed many apple and grape juice samples contain arsenic.

Currently there is no proof on the health risks of arsenic exposure in foods and liquids, though the exposure of arsenic in drinking water has been linked with increased risk of certain cancers, lung infections and heart disease. Additionally, women exposed to high concentrations of arsenic have been known to suffer miscarriages or from infertility. Families should be aware that arsenic is present in rice-based formulas and products and should limit their children’s exposure.

Last month, new legislation in Congress attempted to establish limits for the concentration of arsenic and lead in fruit juices.

The First Steps to Take After a Hit-and-Run

Being involved in an automobile accident can be devastating. But the traumatic effects are often compounded in a hit-and-run accident when no one is held accountable for the effects on a victim’s lifestyle, relationships, employment status and financial situation.

A driver is charged with a hit-and-run accident when he or she crashes their car into another vehicle, bicyclist or pedestrian and then flees the scene without identifying themselves or rendering aid.  In Hawaii, when an automobile accident takes place participants are required by law to exchange information including sharing his/her name, telephone number, address and insurance information. If a driver fails to stop and share this information they could be found liable and imprisoned or fined. Nationally, close to 11 percent – or roughly 700,000 — of all vehicle accidents are hit-and-run situations.

Recently, here in Hawaii on February 2, 2012 a hit-and-run driver struck a pedestrian near the University of Hawaii – Manoa, lower campus. Reports claim a 54-year-old woman and her daughter were crossing Old Waialae Road near the H1 freeway onramp when a speeding sedan hit the woman. She was taken to the hospital in serious condition.

We recommend contacting Leavitt Yamane & Soldner at (808) 537-2525 to speak with an experienced personal injury attorney to protect your legal rights. Our company can provide services unique to your situation, ensuring that your rights are upheld, the compensation you receive is appropriate and that your path to recovery is as quick and easy as possible.
If you are the victim of a hit-and-run car accident you can help protect your rights by following these important tips:

• Immediately take stock of any physical injuries you or your passengers/companions have suffered as a result of the accident.
• Call 911 immediately and to the best of your ability, share with police and first responders, as much information and details you can recollect on the description of the vehicle(s) and driver(s).
• Sometimes police take a while to get to the scene. If you can, immediately write down a detailed account of the incident with as much information as possible so you don’t forget important details (like the license plate).
• Identify any witnesses and ensure that their contact information and statements are included in the police report.
• If you are able to, take photos of the scene and document any injuries, damage or other evidence with photos.
• Report the incident to your insurance company as soon as possible – in some cases there are time limitations to file a claim. By calling Leavitt Yamane & Soldner first thing, they will take the time to contact your insurance company.

Honolulu Accidents Rock the Boat on Safety of Local Parasailing

In the last year, two serious accidents in the waters off Oahu have put the local parasailing industry in hot water. Popular amongst visitors from around the world who visit Hawaii to take in the islands’ world-famous waters, the popular aquatic sport allows a person to be towed behind a vehicle – typically a boat – and glide in the air attached to a parachute-like contraption.

Last month two visitors from Palm Springs, California were seriously injured when their parasailing safety equipment malfunctioned off Oahu’s south shore. Accounts from first responders claim that the two men were being reeled in after a morning parasailing with Xtreme Parasailing when they were dragged in the water an estimated 1,000 feet before employees were able to bring them on board. The 68-year-old man involved in the incident died from his injuries a few days later.

While the Coast Guard is responsible for checking the safety of the vessels and their licensing, there are currently no regulations on place for parasailing equipment. The Coast Guard is in the process of investigating the accident and depending on the outcome, the company and boat captain could be found responsible and punished.

According to the Coast Guard there are voluntary safety regulations for parasailing companies, such as those shared by the Professional Association of Parasailing Operations and the Water Sporting Industry Association.

In May 2011, another “freak” accident off Kewalo Basin sent three visitors to hospital. A family from Utah – including a 32-year woman, her husband and eight-year-old daughter – were on a parasail when the line snapped. All three were dragged underwater for a short period of time by the parasail’s chute and the woman was taken to a nearby hospital.

The company operating the parasail, Hawaiian Parasailing, said that the line was less than one month old when it broke, and that the nature of the accident and failure of the safety line was unusual. In this case, the company offered to cover all medical bills, so the family did not intend to sue.

While many companies never experience an accident, parasailing is a dangerous sport. According to the Parasail Safety Council, the most common parasail accidents are caused by tow line separation from the boat, equipment failure, high speed water and deck landings, canopy rotation, line popping and whiplash.

Some tips to consider before going parasailing include:

• Equip yourself with information on what type of equipment is used in parasailing so that you can examine the equipment provided by the company and determine whether it is in proper working condition and not old or outdated.
• Prior to selecting a parasailing company, do some research to determine how long they’ve been in business and whether they’ve been previously involved in any accidents or issues.
• Plan on meeting with the staff beforehand to establish the team’s level of professionalism. You want to choose a company whose employees have you and your group’s safety as their top priority.
• Keep a close eye on the weather conditions before setting out. If the weather is windy or rainy you should postpone plans until the weather clears.
• If you’re not a strong swimmer ask to be fitted with a life jacket. In the event that you are thrown into the water, you’ll need this to help stay afloat until you can get pulled to safety.
• Ask lots of questions and pay close attention during the informational briefing prior to setting out. Know exactly what you need to do in the case of an emergency and the hand gestures that are required to signal an emergency.

Toyota Under Investigation for Car Fires

Toyota is taking some heat as federal safety groups investigate reports of fires in the driver’s side doors of the company’s 2007 Toyota Camry sedans and RAV-4 crossover SUVs. According to the National Highway Traffic Safety Administration (NHTSA), as many as 830,000 vehicles could be affected, though an official recall has yet to be issued.

Accounts claim that fires have started in the power window switch, located in vehicles’ drive side doors. The NHTSA launched an investigation on February 6, 2012 after six incidents were reported – one in which the entire vehicle was consumed in flames. There are no reports of any injuries as a result of the fires.

The investigation has the potential for significant repercussions for the automaker since the Camry has remained one of the top-selling cars in the U.S. and the company’s RAV-4 is a popular model. In December, the 2012 Camry received a five-star safety rating from the National Highway Traffic Safety Administration, the agency’s top rating.

The current investigation also includes Toyota’s Solara – a coupe version of the Camry. Toyota is currently the top-selling automobile in Hawaii according to the Hawaii Automobile Dealers.

In a statement, Toyota has said that it is cooperating with NHTSA in the investigation and that concerned customers should call Toyota at 800-331-4331.

Over the last three years, Toyota’s reputation has come under fire due to a large string of recalls that include more than 14 million vehicles worldwide. Most recently, in November 2011, Toyota issued a voluntary recall for the company’s V6 models which had a faulty crankshaft pulley. The recall affected an estimated 283,200 Toyota and 137,000 Lexus vehicles nationwide.  For more information on this recall, read our article http://www.lyslaw.com/2011/11/toyota-recalls-420000-us-cars/.

Snapping on a Helmet Saves Lives

Hawaii’s year-round balmy weather, make it the perfect setting for motorcycle enthusiasts. And while the setting may be perfect for riding off into the sunset, the dangers of motorcycle riding have been underscored by several tragic deaths in recent years.

Just a few months ago in October 2011, two motorcyclists on Oahu were killed in separate, unrelated incidents within a two-hour period. Neither rider was wearing a helmet at the time of accident, and police determined that speed was a factor in both crashes.

In Hawaii, motorcycle riders under the age of 18 and mo-ped and bicycle riders under the age of 15 are required to wear a helmet by law. According to the Hawaii Department of Transportation (DOT), political resistance has quashed ongoing attempts to establish a mandatory helmet law for adults.

A recent federal study shows that people who did not wear a helmet when operating a motorcycle or mo-ped were 40 percent more likely to suffer a fatal head injury and that safety helmets reduce the likelihood of a crash fatality by 37 percent.

According to the DOT, in 2011 there were more than 21 motorcycle-related deaths – an increase from 20 deaths in 2010. Hawaii saw 30 motorcycle fatalities in 2009, 22 in 2008 and 27 in 2007.

In motorcycle accidents, the consequence of not wearing a helmet does not just affect the rider and his or her family and friends – the community also pays a high cost. Here in Hawaii the death toll among riders who did not wear helmets is a staggering 200 percent greater than that of helmeted riders.* This means that over the last five years, incidents involving motorcyclists not wearing a helmet has cost island taxpayers $1.9 million a year.

Some tips that the Hawaii Department of Transportation offers motorcyclists to stay safe on the road include:

• Receive proper training and become licensed. All new riders should enroll in a basic rider coursed.
• Always wear protective gear such as a HDOT-compliant helmet, eye protection, boots, long pants and a riding jacket.
• Do not ride while under the influence of alcohol or drugs.
• Know and ride within your own skill limits and follow all traffic laws.

*Information provided by Queen’s Medical Center

When Bungees Break

To some, it’s an idea of a good time. Leaping into the air and free falling hundreds of feet tethered to a rubber-band-like rope above a river full of snapping crocodiles. It’s all fun and games — until the rope breaks.

And that is exactly what happened to Australian native, Erin Langworthy when she decided to take the plunge on New Year’s Eve and bungee jump from the Victoria Falls Bridge, which spans the border between Zambia and Zimbabwe. A video clip circulating the internet (http://www.smh.com.au/travel/travel-incidents/aussie-plunges-into-crocinfested-waters-after-bungy-cord-snaps-20120109-1pqlk.html) shows Langworthy’s cord snapping and shooting her 111 meters into the Zambezi River below.

Miraculously she survived (even with her feet still bound together and attached to the cord) and managed to out-maneuver the hungry crocs and rapid currents and pull herself to shore, suffering only bruises and a broken collarbone.

But accidents like these are not uncommon. In 2009 Mark Afforde was on his second bungee jump of the day, plummeting 200-feet above Canyon Creek Bridge near Yacolt, Washington, when his cord snapped. Fortunately, Afforde suffered just minor injuries and was able to walk to shore where he was taken to a nearby hospital.

While the scenarios for a bungee cord accident can vary, all are very traumatic. Bungee jumping is an extreme activity, which means that extreme care needs to be taken when attempting a bungee jump. Many different types of serious injuries, including broken bones, and even death, are possible if certain precautions are not taken. For this reason, many states now have regulated laws in place to help increase the safety of bungee jumping.

Some things to consider before taking the leap:

• Remember that state laws – in regards to bungee jumping — are not all the same. What is legal in one state may be illegal in another.
• Many states have a “fixed position law” which requires that the bungee cord be attached to a stationary object. In some states however, it is legal to jump from a moving platform, such as a helicopter or a hot-air-balloon.
• Prepare for landing. Many incidents where bungee cords have broken, and jumpers have survived, have taken place over water (such as a river or lake). Some states have regulated that jumps can only take place over inflated air bags. Even if it is not a law in your specific area, jumping over an inflated air bag is always a recommended safety precaution.
• Helmets are mandatory, no matter what state you are jumping in. The most important piece of equipment is the bungee cord itself. States have guidelines on how old a bungee cord can be and how much weight can be supported by each cord. These questions should be asked to the bungee jumping company prior to attempting a jump.
• When bungee jumping, it is wise to use a company that is fully sanctioned and cleared to operate. Ask to see the companies license and their individual safety requirements before attempting a jump.

A Trip to Paradise Can Carry Hidden Hazards

For many, Hawaii — with its warm waters, gentle weather, unforgettable beaches and aloha spirit — is a top travel destination. But while the island’s superb scenery is a leading attraction for travelers across the globe, their natural, untapped beauty also conceals countless unknown dangers, which can leave vacationers with more than just a stinging sunburn.

In Hawaii, drowning is the leading cause of accidental death, making water safety one of the foremost areas of concern for tourists. In the past year alone, there have been several high-profile drowning incidents where guests were caught unaware and paid the ultimate price.

When on vacation, many travelers turn to guidebooks for recommendations on popular local hotspots. In the past five years, Kipu Falls, a popular swimming hole on Kauai, has claimed the lives of five travelers. The destination, which was frequently featured in Hawaii travel guides until the past few years claimed its most recent victim in June when a 35-year-old from Irvine, California drowned. In most incidents at Kipu Falls, swimmers jumping from the top of the waterfall into the waters 20 feet below were drowned, held underwater by a powerful whirlpool current. Within the last year, visitors have suffered so many injuries at the destination – including chest injuries, rope burns, perforated eardrums as well as broken bones and sprains – that the Kauai Visitors Bureau launched a campaign encouraging guidebooks and travel writers to remove the swimming pool as a visitor destination and asking hotel concierges to discourage visits to the pool.

Another popular draw for visitors is of course, the islands’ scenic shoreline. One of the oceans more powerful attractions, blowholes, are striking to view up close, but have proved fatal when not approached with caution. In July of this year, a 44-year-old visitor from Northern California drowned when he was sucked into the geyser-like spout and disappeared into the ocean at Nakalele Point on Maui. The victim’s fiancé filed a complaint that there should have been warning signs posted to make visitors aware of the danger, however since the blowhole was on private property, property owners were not required to put up signs. The last incident involving a fatality at a blowhole in Hawaii was in 2002 when an 18-year-old from California fell into the Halona blowhole on Oahu and drowned.

Before planning your itinerary and heading out for a day of sightseeing and activities, take care to remember these precautions recommended by TripAdvisor to keep you and your ohana safe.

• Always swim with a partner and let others in your group know where you will be swimming and when you can be expected to return.
• Be aware of changes in the weather. If there are any signs of a storm nearing, get out of the water immediately.
• Do your research on what animals live in the water. Jellyfish and Man-of-War both have been known to cause severe stings and allergic reactions. Visitors who think they may have been stung should get out of the water immediately and seek medical attention.
• Never swim out further than you can swim back.
• Swimmers who get caught in an undertow should remember that it’s important to not panic. Allow yourself to move with the flow of the water and then swim free, towards shore, when the undertow decreases.
• Never turn your back to the ocean.

Photo courtesy Hawaii Photos

How to Safely Put the Spark in 2012

Hawaii residents have many beloved holiday traditions. We visit Honolulu Hale before Christmas and flock by the thousands to Ala Moana Beach Park to watch the annual Fourth of July fireworks display. And in addition to pounding mochi and eating ozoni (traditional Japanese soup) every New Year’s, each year kamaaina blanket the city sky with smoke, setting off fireworks by the trunk-load.

To ring in 2011 and the last year before a consumer fireworks ban took effect on January 2, Oahu residents lit up the night’s sky — first responders were called to 36 fires and at least five injuries which were believed to have been fireworks-related. The most serious injury took place when an aerial firework exploded in a man’s hand, leaving him in critical condition.

Earlier this year, the new island-wide fireworks ordinance put heavy restrictions on aerials and pyrotechnics – including fountains, sparklers, sprinklers and other consumer fireworks. The 2012 New Year will be the first New Year celebration where the law will be in effect, which aims at cutting the number of fireworks-related injuries, reducing asthma attacks as well as other air quality-related health issues and decreasing the litter resulting from fireworks debris.

This year, fireworks permits are available for purchase for $25 through the Honolulu Fire Department (HFD) and at Satellite City Halls, allowing residents ages 18 years and older to set off up to 5,000 firecrackers. Even with the permit however, fireworks can only be set off on designated holidays including New Year’s Eve, Chinese New Year, Fourth of July and other cultural events approved by the HFD on a case-by-case basis. If you have questions or concerns about Oahu’s new fireworks law, contact the Honolulu Fire Department’s Fire Prevention Bureau at (808) 723-7162.

This year, before gathering round the driveway with family and friends, remember some of the safety tips offered by the Honolulu Fire Department regarding the use of fireworks:

• Use only approved fireworks from a licensed retail outlet that has posted their retail permit at their selling site.
• Always read and follow all warnings and instructions listed by the manufacturer for the safe use and handling of fireworks.
• Ensure that other people are out of range before lighting fireworks. Only light fireworks on a smooth, flat surface away from the house, dry leaves, and flammable materials.
• Have a garden hose or a bucket of water ready in case of a fire.
• Children should only use fireworks under the direct supervision of an adult. Even sparklers can be dangerous to small children.

We hope that you and your family have a fun, festive and above all, safe holiday season. On behalf Leavitt Yamane & Soldner and our families, we wish you and yours Hau‘oli Makahiki Hou (Happy New Year).