Maine Injury & Accident Lawyer & Attorney : Joe Bornstein Law Firm : Auto Accidents, Medical Malpractice, Construction Injuries : Portland, Lewiston, Bangor, Biddeford, Maine

Over the course of a Maine winter, Mother Nature tests even the savviest of drivers with snow, sleet, and freezing rain. And with the ample amount of precipitation that our state receives, it is to be expected that roads will become slippery, and when roads become slippery, accidents happen.

While slick roads may be inevitable in the Pine Tree State, preparing for poor driving conditions is not. And with a little preparation and the right mindset behind the wheel, drivers will be more apt to travel safely and avoid any unforeseen complications that may arise amidst their winter commute.

Here are a few driving tips that will help keep you safe and sound during the winter, and help minimize the risks on the wintery roads:

• Check the weather report and road conditions prior to venturing out. The state of Maine offers up-to-date road and travel conditions online at: www.511maine.com or by calling 511 from any phone.
• It is advised to stay 8-10 seconds behind vehicles in front of you during the winter, allowing sufficient time to stop on slick surfaces.
• Pay attention to traffic in front of you. The action of vehicles ahead can signal any upcoming problems or impediments, and give you adequate time to react and get out of harm’s way.
• Avoid using cruise control in bad weather, and always brake gently to avoid skidding. If skidding occurs, ease off the brake until you are back in control. Never pump your brakes if you have an automatic braking system; instead apply firm pressure until your vehicle comes to a complete stop.
• Car preparation is essential for a Maine winter, as the last thing anyone wants to do is breakdown when the outside temperature has dropped below freezing. Items of note to maintain and monitor include: snow tires and their pressure gauge, proper winter fluids including antifreeze, winter windshield wipers, the car battery, and its lights. A simple routine maintenance can ensure that all of the aforementioned are in proper working order for the winter.
• Prepare a travel kit to keep in your car that includes: a flashlight, ice scraper, salt, and warm clothing and/or a blanket. Food and water are also advisable if you are to be travelling long distances.

By taking the time to educate and prepare yourself for winter driving you will help minimize the risk of any sudden incidents or accidents that may be caused by inclement weather. Because as if inclement weather wasn’t bad enough during a Maine winter, any kind of accident, large or small, would only snowball winter’s discontent.

For more information on winter driving safety, please visit AAA online at: www.aaa.com.
 

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The season's changed to winter and the snow is yet to come.
The holidays are upon us as the drums plays rum pum pum.
Candles illuminate windows, and burn in menorahs too,
The holidays are a time to rejoice and that's precisely what we should do.

You've heard of Dasher and Dancer, and the rest that pull Santa's sleigh,
Carrying holiday spirit, along with games for children to play.
Rudolph is the most famous reindeer, something everyone can recall.
But do you know the name of Maine's most favorite lawyer of all?

It's not whether you are naughty, or whether or not you've been nice,
Because regardless of what Santa says, it's Mother Nature that gives us ice.
So when the snow begins to fall and the roads start to get slick,
Please be careful driving, or flying if your name is Old Saint Nick.

With five offices throughout the state, Joe is accessible to one and all.
And ready to get Mainers justice if they're in an accident or slip and fall.
And if you can't come to us, we'll take the time and come to you.
Because recovering from an injury would be our gift to you.

Wishing all 15,000 of our current and former clients, their friends and loved ones a Happy and Healthy Holiday season.

With warm regards for the winter months,
Joe Bornstein
 

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The holiday season is upon us, and that means an abundance of decorations, dreidels, and desserts. But with all of the causes for celebration comes an increase risk in all things safety-related. And while it’s exciting to be swept up in the sea of holiday spirits, it is important to remember to be conscious and careful. Because after all of the gifts have been given and all of the trees have been trimmed, the only thing that matters is that we are safe and sound, and together again for the holiday season.

Here are a few Holiday Season Safety Tips that we would like to pass along to our friends, loved ones, and clients. Following these guidelines will help everyone have a happy and healthy holiday season, which is all that we really want for the holidays.

Christmas Tree Safety Tips:

• When purchasing a live tree, make sure it is fresh. The needles should not fall off easily when shaken or tapped on the ground, and the trunk should be sticky with resin.
• When purchasing an artificial tree, make sure it is labeled fire resistant. This does not mean it cannot catch on fire, but rather that the tree has been treated and should resist burning and be extinguished easily.
• Be sure to keep your tree away from heaters and fireplaces, and keep the stand full of water to prevent the tree from drying out.
• Never use lighted candles on a tree, and be sure that decorations and ornaments are not sharp or dangerous as they could be hazardous for young children.

Decorations and Lighting Safety Tips:

• Always check lights for broken or cracked sockets, frayed or bare wires, or loose connections. Never try to repair damaged lights; instead properly dispose of them and purchase new ones.
• Be careful not to overload electrical outlets. A general rule of thumb is to never use more than three sets of lights per single extension cord.
• Never use electric lights on a metallic tree. The tree can become charged with electricity from faulty lights, and a person touching a branch could be electrocuted.
• Before using lights outdoors, be sure to check labels to see if they have been certified for outdoor use.
• Fasten outdoor lights securely to trees, house walls, or other firm supports to protect them from damage.  Use insulated staples to hold strings in place, or run the strings of lights through hooks purchased at a hardware store. Never use nails or tacks to hang wires.
• Plug all outdoor electric decorations into circuits with ground fault circuit interrupters to avoid potential shocks.
• Turn off all lights when going to bed or leaving the house. The lights could short out and start a fire.

Toy Safety Tips:

• Before buying a toy or allowing your child to play with one that he or she has received as a gift, read the instructions carefully.  If the toy is appropriate for your child, show him or her how to properly use it.
• To prevent burns and electrical shocks, give young children toys that are battery operated instead of those that need to be plugged into an outlet.
• Be wary of toys with small parts for young children, as they are liable to choke on parts contained in toys or games. Government regulations specify that toys for children under age three cannot have parts less than 1 1/4 inches in diameter and 2 1/4 inches long.
• Do not burn wrapping paper in the fireplace. A flash fire may result, as the paper can ignite suddenly and burn intensely.

And finally, don’t forget about your pets! All of the excitement and commotion of the holidays may affect them. Be sure to take the time to make your pets feel at ease and at home, and that your house is safe for them to be in.   

By following these simple yet effective holiday safety tips, your family will be more apt for a safe holiday season. And a safe holiday season will help for a happy holiday season. 

For more information on holiday season safety, please visit the American Academy of Pediatrics at: www.aap.org.

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With winter upon us, and snow and ice inevitable, driving conditions can take a turn for the worse at the drop of a flake. And while it is mandatory for everyone in the state of Maine to wear a seatbelt, now is the time for a friendly reminder of all state seatbelt rules and regulations.

In May 2007, Maine passed regulation that made seatbelts mandatory for all motorists and their passengers. Children, however, have slightly different safety laws than adults to obey.

• Until they are 1 year of age and weigh at least 20 pounds, children must ride in a vehicle rear-facing.
• A child who weighs less than 40 pounds and is less than 4 years of age must ride in a Child Safety Seat (Infant, Convertible, or Combination Seat).
• A child who weighs at least 40 pounds but less than 80 pounds, and who is less than 8 years of age, must ride in a federally approved child restraint system (Booster Seat, EZ-On Harness/Vest).
• A child who is less than 12 years of age and weighs less than 100 pounds must be secured in the back seat, if possible.

Other seatbelt safety tips to remember include:

• Never place a child safety seat in the front seat of a car that has a passenger side airbag.
• An approved safety seat or restraint system will be labeled: “The child restraint system conforms to applicable federal motor vehicle Safety Standards.”
• Always register your child safety seat with the manufacturer.
• Not every child fits in every seat, and not every seat in every car.

There are penalties for failure to obey the law, as police may pull violators over and ticket them. But more important than a fine is the safety of our loved ones, as seats belts really do save lives. So buckle up for safety, and also because it’s the law!

For more information on Maine’s child safety seat and seatbelt laws please visit: http://www.portlandmaine.gov/hhs/hhschildsafetyseatlaw.pdf.

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When talks turn to our economy, it’s easy to get anxiety in regards to our country’s current state of affairs. And with the uncertainty of the future, that anxiety is as much justified as it is tangible. But if there’s one thing the holiday season can do like no other time of the year, it’s lift the spirits of the young and the old, the wealthy and the less fortunate, the healthy and the injured, and everyone in between.

Thanksgiving is a time to be thankful. It’s a time to be with the ones you love, and a time to be grateful for what you have. With so much dissension in the world, it’s easy to focus on what’s wrong. But if you stop to reflect on how fortunate we undeniably are, and how wonderful it is to live in the great state of Maine, you may agree with the adage that life here really is the way it should be.

At The Law Offices of Joe Bornstein we are grateful for all that we have and all that we’ve accomplished. After 34 years of hard work, perseverance, and continuity, we are happy to be able to give fellow Mainers access to justice on a daily and convenient basis. It is through helping our clients through tragic injuries and disabilities that we get the most pleasure in our practice. And by showing our unyielding commitment and care to our fellow Mainers, we continue to build our law firm through the referrals of former clients to their loved ones and friends.

With the commencement of a long Maine winter upon us, and the uncertainty of our county’s future in front of us, the overall outlook may indeed look bleak for the moment. But if we were to take a minute, or a day, or even a holiday season, to reflect upon the many joys, wonders, and blessings in life, we just might realize that with a little hope, a little patience, and a lot of love, everything will turn out all right in the long run, and that we’ll all make it together. And after all, isn’t that what Thanksgiving is really about, being together? And at the end of the day, isn’t that one of life’s great common denominators?

So Happy Thanksgiving Everyone!

May Your Holiday Season Be Happy, Healthy, and Heartfelt.

With warm regards from Joe Bornstein and his staff.
 

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The Law Offices of Joe Bornstein is proud to announce the grand opening of our newest law office located at 285 State Street in Augusta. 

Conveniently located in the state capital, our new office will give Mainers from Kennebec, Lincoln, Knox, and Waldo counties even more access to justice in their personal injury and Social Security disability claims.

For more than 34 years, The Law Offices of Joe Bornstein has represented over 15,000 Mainers with their personal injury and Social Security Disability claims. We are proud to expand our statewide practice with the opening of our fifth office in Augusta. Our office wide team of 45 professionals stands ready to serve your legal needs in an intelligent, creative, aggressive, and compassionate way, and we have the depth of staffing and financial resources to ensure that your claim will receive the enthusiastic and detailed attention that it deserves.

If you've been injured or have become disabled and are unable to perform activities of daily living or go to work, call our local help line today at 622-3000 to set up an appointment. All of our offices are handicap and wheelchair accessible, and if you're unable to come to us we will come to you.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People

Now In The State Capital

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Halloween has long been one of children’s favorite holidays. Between dressing in costumes, bobbing for apples, and going door-to-door collecting candy, kids in the U.S. have been celebrating Halloween since the nineteenth century. But while costume parties, haunted houses, and trick-or-treating provide entertainment, the real key to having fun on Halloween is safety. 

On a night when innocent boys and girls transform into innovative ghosts and goblins, it’s important that both parents and children take the proper safety precautions. Here are a few tips from the Law Offices of Joe Bornstein to help ensure that you and your children have a happy and safe Halloween:

Before Halloween:

·         Plan costumes that are bright and reflective. Adding reflective tape to a costume increases the visibility of your child.

·         Use make-up instead of wearing a mask, as a mask impedes a child’s vision at nighttime.

·         Give all children a flashlight, as it will be dark outside and not all roads have sidewalks.

·         Clear the path leading up to your house for trick-or-treaters and be sure that it’s properly illuminated to prevent any unnecessary injuries.

·         Use caution when carving pumpkins. Young children should not use sharp knives, and when possible, use lights or glow sticks inside a jack-o’-lantern instead of a candle.

·         Incorporate a Halloween theme to dinner and eat a good meal before trick-or-treating. If a child is full he or she will be less likely to eat a lot of candy so late in the evening.

During Halloween:

·         Parents should accompany young children at all times.

·         Kids should never trick-or-treat alone, no matter what their age, and always find safe and well lit neighborhoods to trick-or-treat in.

·         If in a large group of friends, kids should buddy up. And, there should be one parent at the front of the pack and one at the rear at all times.

·         Obey the rules of the road. Children should only cross the street in a proper crosswalk, and walk, not run, to their next destination.  Drivers too should be alert for children inattentively running across the street at any time. 

·         A safe alternative to trick-or-treating in neighborhoods is to visit your local mall or nursing home. Stores often offer candy to those in costume, and seniors would adore the attention and surely spoil their visitors.

·         Do not accept or consume unwrapped treats or open beverages at any time.

After Halloween:

·         An adult should inspect all candy before it is consumed.

·         Ration your children’s candy supply to ensure they don’t eat too much too soon. If you spread it out over a few weeks, they will be happy to have candy to eat for days to come.

·         Properly dispose of or put away any and all decorations. Many holiday decorations can be recycled and more often than not reused again the following year.

·         If you still haven’t gotten your fill of Halloween decorations or candy, visit your local stores who will be selling their remaining supplies at a discounted rate, and save yourself a buck or two down the road.

Halloween is a time to let loose, have fun, and be creative, so go for it! But remember, a safe Halloween is a fun Halloween. And you can take our word for it, candy always tastes sweeter when you’re safe and sound in the confines of your home.

Happy Halloween from your friends at The Law Offices of Joe Bornstein! And don’t forget to take a picture of your kids and their friends, the memories will last a lifetime.

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According to the Federal Trade Commission approximately 9 million people have their identities stolen each year. Identity theft occurs when someone uses your personal identifying information such as your contact information, Social Security number, or credit card number with the intention of committing a fraud. 

The severity of identity theft varies widely. Some cases may be resolved with as little as a phone call, while others require hundreds of dollars and numerous hours trying to clear a victim’s name. In addition, victims often miss or lose out on jobs, housing, education, cars, and in the most extreme cases, are arrested for a crime they did not commit. 

According to the Identity Theft Resource Center, identity theft is divided into four subcategories:

• Financial Identity Theft (using another's identity to obtain goods and services)
• Criminal Identity Theft (posing as another when apprehended for a crime)
• Identity Cloning (using another's information to assume his or her identity in daily life)
• Business/Commercial Identity Theft (using another's business name to obtain credit)

There are many different ways that thieves steal identities. The most common include:

• Dumpster Diving – Rummaging through your trash looking for bills or paper with your personal information on it, including preapproved credit card offers.
• Skimming – Storing your credit card on file when you make a purchase.
• Phishing – Contacting you pretending to be a financial institution attempting to obtain your personal information.
• Changing Your Address – Diverting billing to another location by completing a change of address form.

Identity theft can happen anywhere, so it is wise to always be aware of your personal belongings as well as your surroundings. The most common places identity theft happens include:

• Places of business – Fellow employees are often responsible for co-employees personal records.
• Internet – Hackers access your personal records online.
• Schools and Universities – Students are identified by their Social Security number.
• Mail – Both incoming and outgoing.
• ATM – Storing your information on file when you withdraw money.

In the event that your identity has been stolen, or you suspect that it has, you should immediately:

• Contact the police and file a police report.
• Notify all creditors.
• Dispute any unauthorized charges.

Identity theft is a major problem in the world today, but with the proper education and awareness the risk can be minimized. Three ways to help prevent identity theft are:

• Closely monitor your personal information.
• Educate family and friends on the dangers of identity theft.
• Protect and change internet passwords on a regular basis.

For more information on identity theft please visit: www.ftc.org. 

And help stop identity theft before it happens to you!

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With autumn upon us and temperatures beginning to drop, Mainers will soon begin to heat their homes. And with the increased cost in heating oil, residents will be looking for other ways to keep warm.

The two most common alternative sources of heat in Maine are the woodstove and fireplace. Both can be effective and cost efficient ways of heating your home, however, safety precautions must be taken in order for them to be used properly. 

The U.S. Environmental Protection Agency offers the following tips on how to properly use and maintain a woodstove or fireplace:

• Have your chimney inspected. Some fire departments offer free inspections, and most businesses that sell woodstoves also do inspections.
• Clear the surrounding area near the woodstove or fireplace. Nothing should be within 36 inches of the stove, including other pieces of wood.
• Open the dampers before starting a fire.
• Use paper and kindling to start a fire. Avoid using lighter fluid, kerosene, or gasoline.
• Burn seasoned wood, as green wood creates buildup of creosote which can cause chimney fires. Properly seasoned wood is darker and sounds hollow when smacked against another piece of wood.
• Do not have an oil-burning furnace and a fireplace in the same space. 

• Build small, hot fires. A smoldering fire is an unsafe fire.
• Placing grates and screens across the front of a fireplace prevents errant sparks from flying out.
• You should never smell smoke in your house. The odor of smoke in your home indicates that the woodstove or fireplace is not operating efficiently, and is unhealthful when inhaled.
• Never leave a fire unattended.
• Do not burn garbage, cardboard, plastics, or painted, pressure treated, wet, or rotted wood. And only bring inside enough wood for one day to limit potential allergy-causing mold spores from circulating indoors.
• Clean ashes once a week and store in a metal container away from your home and combustibles.
• Check smoke detectors.
• Keep a fire extinguisher nearby.
• Have a fire escape plan for the family and practice it. It can save lives.

So whether you’re using oil, gas, electricity, or wood to heat your home, take the proper safety precautions to ensure that you will have a safe and warm winter. Because the more efficient your setup is, the more money you’re likely to save on heat during the winter, which is something everyone will feel warmly about.  

Now go get cozy and throw another log on the fire!

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The U.S. Consumer Product Safety Commission (CPSC) advises parents to avoid dressing their children in clothing that have drawstrings around the neck of the garment, including sweatshirts, jackets, and other such items. The drawstrings have the potential to catch on playground equipment, fences, tree branches and school bus doors, and strangle a child.

In the past two decades, the CPSC has received reports of 27 deaths and 70 non-fatal incidents involving the entanglement of children’s clothing with drawstrings, and they recommend that parents remove or cut all drawstrings from their children’s clothing to eliminate the hazard.

Since 2006, children's coats, sweatshirts and jackets with drawstrings around the neck or waist have been considered defective and have been automatically recalled, however several companies overseas still manufacture these items that are being sold in the U.S. As recently as August 6, 2008, nine companies were fined for selling children’s clothes with drawstrings, and in May of 2008, a two-year boy of San Jose, California died when the drawstring of his jacket got caught on a slide at his daycare center.

So parents be wise and avoid dressing your children in clothing with drawstrings. Because doing so may save their life.

For more information on children safety and other consumer product safety news, please visit: www.cpsc.gov.
 

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The Law Offices of Joe Bornstein wants all of its friends and family to have a fun-filled summer in the pool, at the lake, or by the ocean.  Still, we caution everyone to know the safety rules of swimming and to be aware that the water can pose dangers if we are not careful.

In 2005, 3,582 people in the United States drowned, with one in four fatalities occurring in children under the age of 14.  In an attempt to reduce this number, and to make sure we all have a safe summer in and around the water, the Law Offices of Joe Bornstein asks everyone to know these safety rules:

• Always swim with a buddy, and preferably under the supervision of a lifeguard. Never venture into a pool, lake, or the ocean by yourself.
• Always read and obey posted swimming signs.  They are there for your safety.
• Never leave a child alone in or near the water.  Be attentive while watching, as tragedy can strike quick, and always be prepared to help if the situation calls for it.   
• According to the Today Show, parents are advised to stay within an arm's reach of children.
• If your child uses air-filled or foam toys, be aware that these are toys and NOT safety devices. If a child is wearing water wings you must still supervise them, as these often provide unstable bouyancy.
• Do not dive into shallow or unknown waters, as serious neck and back injuries may occur.
• Be aware of the local weather. It's best to stop swimming at the first sign of bad weather, and never swim in a thunderstorm.
• Avoid swimming immediately after eating.  It's best to let your food digest so you can avoided getting cramps, which hamper your ability to swim and maneuver in the water.
• Don’t drink and swim.  Alcohol impairs your judgment and should be avoided if you are going to spend time in and around the water.
• Watch for dangerous rip currents in the ocean. The water may turn unusually calm, but it's powerful current can pull even the strongest of swimmers out to sea.  The majority of beach drownings and lifeguard rescues are due to strong rip currents, where swimmers become exhausted from trying to fight the current and swim to shore.  If you are caught in a rip current, swim parallel to the shore until you are free of the current, where you can catch your breath and swim safely to shore.
• And most importantly, get certified in CPR - it save lives.  Contact an American Red Cross near you to learn more.  

There’s nothing like a hot summer day spent splashing around in the water. At the Law Offices of Joe Bornstein, we want to be sure all of your summer swims are happy, refreshing, and safe.

Now everyone into the water!  After all, it is summer in Maine!

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Spring has officially sprung, and that means kids all across the state will be riding bikes again.  And with the influx of new riders on the road, it is important for both bicyclists and drivers to pay attention and follow a few simple rules.  Doing so will make everyone's ride more enjoyable.

For bicyclists, regardless of your experience, it is important to remember: 

• Bicycle helmets are required for all bicyclers under the age of 16. 
• Ride your bike with the traffic, not against it.
• A bicyclist can pass a motorist on the right when it is safe to do so.
• Check to make sure your bike’s reflectors are in good working order, and if possible use a light while riding at night.
• Check to make sure your brakes work properly.
• Always observe the usual rules of the road.

For drivers, please remember to leave plenty of room when passing a bicycle. Maine has a new law that says motorists must give at least three feet when passing someone riding a bike.

The new Maine law states:

• An operator of a motor vehicle that is passing a bicycle proceeding in the same direction shall exercise due care by leaving a distance between the motor vehicle and the bicycle of no less than three feet while the motor vehicle is passing the bicycle.
• The Maine law that once prohibited motorists from crossing the solid yellow center line in the road while passing a bicyclist has been changed. The new three-foot passing law now allows motorists to cross the solid yellow center line to pass bicyclists when it is safe to do so.

For more information on bicycling safety, education, and access throughout the state of Maine, contact the Bicycle Coalition of Maine (www.bikemaine.org). 

And remember to share the road, because a safe ride is always a good ride.
 

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