As a lawyer who has handled several multi-million dollar cases against the Ira Davenport Hospital (IDH) in Hammondsport, N.Y., I applaud the merger of that hospital and the Arnot-Ogden Medical Center in Elmira, N.Y.

WETM-TV recently posted an Associate Press report that this merger was going through – see the story, “Hospital Merger, WETM 18 Online” (a copy is pasted below).

Why do I care about this merger? Because I truly hope that IDH will finally get some long overdue help in upgrading the quality of its facilities and staff.

In my cases against IDH I was appalled to learn about the total lack of appropriate staff training at the hospital.

Let me give you just one example of what I learned and why I was so appalled.

My first case against Ira Davenport Hospital involved a prolonged delay in the delivery of a baby girl. In that case, the electronic fetal monitoring machine showed clear evidence that the baby was in distress for a prolonged period of time before either the nurses or the doctors did anything to deliver the baby. The whole purpose of putting a mother who is in labor on an electronic fetal monitoring machine is to be able to watch both the interaction between the baby’s heart rate and the mother’s contractions. There are certain patterns of heart rates that are reassuring—they show that the baby is doing well—and other patterns of heart rates that tell you the baby is in big trouble. Labor and delivery nurses, as well as obstetricians who deliver babies, are supposed to be trained to recognize both the good and bad heart-rate patterns. They are also taught what they are supposed to do when they see a bad heart rate on the electronic fetal monitoring machine.

The problem is that all of this presumes that the medical staff are properly trained and it presumes that they are actually paying attention to the printouts from the monitoring machine. Let’s face it, the machine is no go at all if people aren’t properly trained to interpret the information that the machine is printing out and the machine is totally worthless if no one is even bothering to regularly monitor what it is saying.

In my first case against the Ira Davenport Hospital, I was shocked to learn how little training the delivery nurses had received on the fetal monitoring machine. While the nurses were very nice ladies and truly cared about their patients, the only training the two nurses involved in the care of my client received was a very brief course offered via fax machine. Yes, that’s right, their ONLY training was via fax machine during a brief course.

When I questioned the nurses about their knowledge of the various heart-rate patterns, I was shocked to learn that they had no real understanding of the most dangerous patterns. In my client’s case, the ominous heart-rate patterns were there for a long time but the nurses totally failed to understand that the patterns were dangerous. The machine clearly showed that the baby was essentially being choked to death as her brain was being deprived of oxygen. The nurses simply didn’t understand the data that the machine was providing because they had not received adequate training in the use of the machine.

The insurance company for the Ira Davenport Hospital settled that case by paying their full policy limits of $2,000,000.

Now wouldn’t you think if you had to pay $2,000,000 because your nurses were inadequately trained, you would make darn sure that they got additional training so this kind of nightmare would never occur again?

Flash forward five years. I am now handling a second case against the Ira Davenport Hospital. The facts are eerily similar to the first case — a little boy who suffered cerebral palsy – permanent brain damage – due to a delay in delivery. In fact, in this second case, some of the same nurses involved in the first case, are involved in the this case. I am taking their deposition and I ask what I think is a simple question: In the last five years since case #1, what additional training have you received on the fetal monitoring machine? I am expecting to hear that the nurses have received all sorts of additional training.

What I heard shocked me:  “Nothing … we have received no additional training.”

You have got to be kidding me…you almost kill a baby……you leave her with permanent brain damage….you have to pay $2,000,000 to settle a lawsuit for the horrible injuries you caused…..and you haven’t done ANYTHING to fix the problem? Unbelievable.

The second case settled for $1,625,000.

Thankfully I haven’t had a third case so I don’t know what additional training the nurses may have received since that case but I can only hope that they received some real, in-depth training.

So this is a long way around saying why I applaud the merger between these two hospitals: I applaud it because I hope that the affiliation between these two hospitals will upgrade the quality of the facilities and the staff training at the Ira Davenport Hospital. As much as I make my living handling medical malpractice cases, I do NOT want to see people unnecessarily hurt by their medical providers so I embrace anything that can be done to improve the quality of the care provided by our local hospitals here in upstate New York.

Thanks for reading,

Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto:jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

Ira Davenport, Arnot Ogden Hospitals to Merge

(AP, Natario, 12/03)
URBANA – Patients that go to Ira Davenport Memorial Hospital will now have access to more doctors.
The hospital has officially agreed to merge with Arnot Ogden Medical Center in Elmira.
At the Steuben County hospital there will be more surgical doctors on hand.
Ira Davenport will also be under the umbrella of Arnot Ogden, which officials say will help them pay off debts.
Without the merger, officials say there is little doubt the hospital could have remained open.
“Small hospitals across the state of New York are really struggling. Nursing homes in the state of New York are really struggling due to the economics of it all. All of the health care in upstate New York are really struggling. So we felt this was a necessary step”, said James Watson.
New York State is helping to fund the merger through hundreds of thousands of dollars in “Heal New York” grants.
The money helps larger hospitals keep open smaller, rural hospitals.
Besides more doctors, Ira Davenport hospital will also be receiving some structural work.

The bad news is that over 100,000 Harley Davidson motorcycles are being recalled.  The good news is that H-D chose to issue the recall before things get out of hand.  According to the National Highway Traffic Safety Administration, 111,569 2009 and 2010 Harley Davidson touring bikes, including CVO Touring and Trike products, were manufactured with faulty gas tank mounts.  When these bikes are involved in a front end collision these faulty mounts can distort, allowing gas to leak out of the tank.  Gasoline and hot engines are obviously a bad combination.

Harley Davidson will be installing extra bracing on the affected tanks to hopefully eliminate the risk of gas leaks and fire.  The fix will be free of charge, and will begin December 14, 2009.  Any affected Harley Davidson owners should call 414-343-4056 for further details and information, or see your local Harley Davidson dealer.

Its is not known what prompted this recall, and the NHTSA refuses to say how many reports of gas leaks or fires they have received.  Harley Davidson claims it has no knowledge of any incidents or injuries related to the faulty gas tank mounts, but decided to issue the voluntary recall in the interest of customer satisfaction.

While something obviously smells here, the important thing is that H-D is doing the right thing by fixing the bikes.

Thanks for reading,

_______________________________
Adam M. Gee, Esq.
NY and PA Motorcycle Accident Lawyer
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Well, its now official. New York’s ban on texting while driving went into effect on November 1, 2009. You can be sure that law enforcement officers all over the state will be aggressively enforcing the law to let drivers know they are taking it seriously. You can read Attorney Jim Reeds previous article on this new law here.

The question is, how can they enforce it? The problem with this law is that an officer is not allowed to pull you over JUST for texting while driving. They have to pull you over for something else in order to issue the ticket. This means they will be looking for any reason to stop you if they suspect you are texting while driving. Have a broken tail light? Something hanging from your rear view mirror? How about a sticker in your back window? Any of these could give the officer all the reason he needs to stop your vehicle and issue you a ticket if you are texting while driving.

The problem for the officers attempting to enforce this law will be determining whether someone is actually texting or not. Enforcing the ban on the use of hand held cell phones was easy. If the officer saw you with a cellphone in your hand held up to your ear you were guilty. But texting is different. People don’t hold their cell phones up by their ear while texting. It is usually done with the cell phone in or near your lap, where the officer can’t see it.

I foresee two different scenarios in which these tickets will be issued. First will be if an officer sees you driving down the road with your eyes pointed down and a hand in your lap. This will cause the officer to be suspicious, and he or she will find a reason to pull you over. Once they do, they will approach the car quickly, looking for the cell phone. Whether they see the phone or not, they may ask you whether you were texting while driving, and may even ask to see your phone in order to check for the time of the last text. The second possible scenario is when an officer sees a vehicle operating erratically, swerving within its lane or even going on to the shoulder or crossing into the opposing lane. The officer will pull you over for sure, but won’t need any other reason but your erratic operation to do so. When he approaches the car, the officer won’t know whether to suspect intoxication or texting, but the officer will understandably treat the stop as a serious event. The officer will be looking around your car and asking questions to determine why you were operating the car in that fashion. Don’t be surprised if the officer is less than friendly in this situation, as he or she won’t know what sort of situation they are dealing with, and will be cautious.

The best advice I can give people is don’t text and drive, its as dangerous as drinking and driving. If you must return a text, pull over to do so. Or you can do what people did before texting became prevalent – call the person you want to talk to. Just make sure you use a hands free device like a blue tooth!

Thanks for reading,

_______________________________
Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Having handled too many tragic boating accident cases over the years, I am in favor of any new laws that contribute to better safety on the water.

In September, New York became the first state with a comprehensive life jacket law that will save lives during some of the most dangerous months of the year for boaters. Fall into spring, the waters in our region are colder and deadlier.

Lifejackets are now required for EVERYONE in all small pleasure craft during the six coldest months of the year, when capsized boaters drown faster in chilly water. According to an Associated Press story on the new law, “Falling into cold water can trigger shock, disorientation or gasping and inhaling water. Immersion can lead to hypothermia and passing out.”

Starting Nov. 1, anyone out on the water in a craft less than 21 feet long must be wearing a Coast Guard-approved personal flotation device.

The rule, in effect through May 1, applies to kayaks, canoes and motorboats on lakes, waterways and the ocean.

If you are foolish enough to break the new law, you could be in for a fine of $100 to $250.

We have so many beautiful lakes in the Finger Lakes, each with its own distinctive character. Lamoka Lake and Waneta Lakes, small enough to freeze over in the winter and provide an escape for ice-racing or ice-fishing.

Seneca Lake offers spectacular views, wineries (the biggest Wine Trail in Finger Lakes wine country!) and fantastic boating. I think its very depth (estimated to be up to 630 feet) adds to its calm – and is one of the best insulators for the micro-climate that makes vineyards viable in this area of upstate New York.

Cayuga Lake has the inlet, with great restaurants and the Ithaca Farmers Market; Keuka Lake offers charming Hammondsport, of course. And Keuka Lake — a Y-shaped lake is a real-estate dream. I think the view from the deck at Esperanza Mansion rivals anywhere in Europe. The Finger Lakes is the most beautiful lakes region in the world. after all (see my previous blog post, “Finger Lakes Tops List of ‘World’s Best Lakeside Retreats’ “).

I don’t want to miss mentioning the smaller Finger lakes, Conesus, Cazenovia and Hemlock, as well as the “thumb,” lovely Oneida Lake.

In the Rochester area, you can enjoy a historic waterway, the tranquil Erie Canal. A little close to home, at least from my perspective in Elmira, we have the gorgeous Chemung and Susquehanna rivers.

The point I mean to make is that we have a unique and wonderful access to an incredible natural resource. There is no reason to take an unnecessary risk, and the new life jacket law is an added incentive to do the safe thing.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
NY Boating Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Where do drivers ignore the speed limit? A clue – it’s not a superhighway, the Autobahn or a racetrack.

It’s the same place drivers also ignore poor road conditions. But it’s not an off-roading park.

The place where most of our nation’s traffic fatalities occur is a situation many Twin Tiers drivers see every day: a rural road.

Unfortunately, it’s also a place with a double danger. Not only do most traffic accident deaths happen off the major highways, by their very nature rural roads take emergency services more time to arrive at the scene.

I’ve written about some of the most dangerous roads in the region before on the NY Injury Law Blog. As New York accident lawyers, we have handled WAY too many cases on these roads:

• Route 352 between Elmira and Corning is a busy road with some serious curves, but many drivers apparently see the open farmland and figure the speed limit is optional.

• County Route 64 in Big Flats and Horseheads, the rural road that passes into the busy snarl of traffic for Consumer Square in Big Flats. It’s a hub for commerce, all right, and traffic accidents.

• On Route 14 between Elmira, Watkins Glen and Geneva, drivers zip along at highway speeds, but there are many hidden drives down to lakeside properties, not to mention an active deer population.

I am revisiting this topic because of a recent USA Today story, “More Motorists Die on Rural Roads” (10/7, Copeland). The story exposes the fact that a majority of the nation’s traffic fatalities occur on rural roads. The National Highway Traffic Safety Administration found that in 2008, 56% of 37,261 traffic deaths occurred on rural roads.

It goes to show that the roads we take for granted as places to play with the rules are riskier than highways. The best solution is to hope that individual drivers take the statistics to heart and drive strategically for the safety of all.

In South Carolina, the state with the highest percentage of rural road accident deaths, lawmakers are making changes – roads are getting rumble strips and an anti drunk-driving task force formed in July aims to cut down the number of alcohol-influenced accidents. I searched for similar rural road safety initiatives in New York and Pennsylvania where I routinely handle car accident lawsuits but I was unable to find a single program devoted to improving the safety of our many rural roads. That’s really too bad…..

There was some good news to the NHTSA report: Overall, traffic accidents are down on all types of roads, across the nation. I think it shows that we can learn from our accidents – and strategies do work to make the roads safer.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York Car Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

From time to time, I ask other folks who work in the “injury” world — doctors, lawyers, physical therapists, insurance agents, etc. — to guest post on the NY Injury Law Blog.

Below is a guest post from Stephen Nagle, a local Allstate agent who has been selling insurance for 20+ years in the Elmira, Corning and Horseheads area.

While I joke that anyone from the insurance industry is my sworn enemy from the “Dark Side,” because I spend 95% of my day fighting to make sure insurance companies fairly settle my client’s claims, the bottom line is that insurance agents play a very important role in ensuring that people have the proper insurance coverage to protect them in the event of damage to a person or property.

Stephen does a great job explaining why it is so important to make sure your boat is properly insured:

The first thing that people think about when they look for insurance is how to cover the “value” of something they own: the home, car, boat, etc. If there is a loan or promissory note out on the value of the object they need to have coverage to indemnify the lender in the case of a loss.

The second thing people think about is their liability exposure related to use or ownership of the home, car, boat, etc. If what they own has little value or no loan, people do not think about their exposure to a lawsuit that could come from use or ownership of the “thing.” Studies show that people view it as an inconvenience to have liability coverage until they understand what they are protecting. If you have a vehicle of any sort, you have a liability exposure that you need to protect, particularly if you have a boat.

As an insurance agent for more than 20 years I ask my customers to think just a little differently. Sure, they need coverage for the value of a loan, but the value of the loan is usually less than the value of their future earnings. The “thing” that is lost is replaceable for an attainable price. The bank gets paid and the insurance company tries to restore the client to being whole.

However, if they are found legally responsible for damage to a third party there is a need to protect earning value far greater than the value of their things. In New York state, people need liability coverage to register a car whether or not they need coverage on the car itself. They give little thought to the value of the liability and other underlying coverage that could pay bills far and away more expensive than replacing the car.

Years ago, an elderly fisherman came into my office with his wife. He was eager for me to explain to his wife why he didn’t need coverage on his old fishing boat and his wife was just as eager for me to explain to him why he did. He didn’t want coverage on the boat, it was “only” worth about $5,000 and he had heard that his boat liability was covered by his homeowners policy. He recognized the need because he often had friends on board. He could hit another boat or damage a dock. Sometimes he took grandkids and their friends waterskiing or tubing – what if they were injured while having fun? He could be held responsible for a fuel spill if he dumped oil or gas overboard while fueling or transferring fuel.

He was partially correct. Homeowners policies extend liability to cover small boats subject to policy provisions which vary from company to company. It is typical to see coverage for boats under 50 HP with inboard/ inboard-outboards motors or under 50 HP for outboards and to sailboats under 26 feet. We reviewed his policy and he realized that his older cuddy cabin 21 footer with a 185 HP I/O was not covered.

A $500,000 liability policy covering anything for which he could be held legally liable with optional coverage for $5,000 med pay turned out to be less than $100 for a year. Full coverage for damage to the boat for ACV up to $5,000 was an additional $86. Needless to say, he took the full package. We wrote a personal umbrella policy for him as well, but that is another story.

- By Steven Nagle, Allstate Insurance in Horseheads. (607) 739-7991

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

For all of us who have teenage drivers in the house, I just read a great post by NY Insurance coverage expert Roy Mura entitled: Suing the Kid for Crashing the Car Into the Garage. I strongly urge you to read Roy’s full post but the highlights are below:

Roy was asked: Can an unemancipated child be held “legally responsible” to a parent for crashing mom’s car into the garage?

He answered: In New York, the answer is yes. In 1969, in the case of Gelbman v. Gelbman, the New York Court of Appeals abolished the intrafamily immunity doctrine and permitted a mother to sue her unemancipated minor son for injuries she had sustained in an auto accident while riding as a passenger in a car her son was driving. Gelbman remains “good law” in New York.

But then Roy went on to ask the really relevant and practical question: Is there insurance coverage for the kid crashing the car into the garage?

Roy answered by saying that there probably is coverage for damage to the garage (but not its contents) under a homeowner’s policy and “there would also be liability coverage favoring the child under a personal auto policy that provides coverage for “damages for … ‘property damage’ for which any ‘insured’ becomes legally responsible because of an auto accident.”

Roy’s parting tongue-in-cheek comment is that while you might be able to successfully sue your kid for wrecking your car and your garage, and even though there might be insurance coverage to cover it, you might face non-renewal of your insurance coverage when your policy is up for renewal. That certainly is food for thought…

Thanks for reading, Jim
______________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: http://www.zifflaw.com

Please visit the New York Injury Law Blog at: http://www.NYInjuryLawBlog.com

Email me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Google News Alerts sent a really disturbing news item my way recently. CBS News reported that the Yamaha Rhino all-terrain-vehicle is cause of a “legal firestorm.”

According to the Consumer Product Safety Commission, 59 people have died because of accidents on these ATVs. Yamaha has settled an unknown number of lawsuits – and there are 440 pending wrongful death or personal injury suits pending that concern the Rhino.

What’s wrong with the Rhino?

• The CBS report says that plaintiffs in cases against Yamaha involving the Rhino claim it has:

• An unusually narrow stance and high-ground clearance that contribute to instability.

• No rear differential, making the Rhino more difficult to turn.

• Seat belts that have been known to “unspool” during rollovers. (This is the one that really, really gets me. Can you imagine how much worse the results of rollover accidents could be if victims are “partially ejected” – but still tethered to vehicles by loose seat belts? It’s difficult to believe.)

I believe in getting the word out about the dangers of the Yamaha Rhino, but that’s not the total inspiration for this post. I wanted readers to benefit from my experience representing ATV accident victims in New York and Pennsylvania. I probably wouldn’t have handled as many personal injury cases if ATV drivers just followed the following seven simple, but essential, rules for ATV safety.

ATV Common-sense Rules

1. Only permit experienced drivers to operate the ATV.
2. Wear a helmet.
3. Ride in safe areas.
4. Follow all applicable laws.
5. Turn on the headlight and make sure all safety lights are working before operating the ATV.
6. Never operate an ATV if you have been drinking or are under the influence of any drugs or medication.
7. USE COMMON SENSE.

That’s it. I hope you’ll read, heed and share this advice.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Nursing home neglect is a devastating crime, for both the elderly victims and the family members who feel terrible guilt because their loved ones were mistreated in a place that should have given them loving care.

Over the years the Ziff Law Firm has handled a number of very sad cases where nursing home residents were either neglected or even actually abused by nursing home staff.

Now there is important news to report. Recent amendments to New York state’s Public Health Law have put some teeth into New York law in these cases.

Punitive = intended as punishment

The law provides for both a straight mathematical calculation of the MINIMUM damages that a jury may award as well as setting forth that a jury may award PUNITIVE damages if the jury finds that the nursing home engaged in conduct that was “willful or in reckless disregard of the lawful rights of the patient.” This is a very important amendment to New York state law and one that assists in protecting the health and safety of nursing home residents.

The Twin Tiers has a significant senior population. According to 2007 Census Bureau data, Chemung, Schuyler and Steuben counties all have a higher percentage of people over age 65 than the state average. The same holds true for Tioga and Bradford counties in Pennsylvania.

Geriatric health and accommodations are a big business in our area. Just consider the large number of nursing homes in this part of New York state:

In Steuben County: Absolut Center for Nursing and Rehabilitation at Three Rivers, Founders Pavilion, Hornell Gardens, Ira Davenport Memorial Hospital, Mcauley Manor at Mercycare and the Steuben County Infirmary.

In Chemung County, we have the Arnot-Ogden Medical Center Residential Health Care Facility, Bethany Nursing Home & Health Related Facility, Chemung County Health Center-Nursing Facility, Elcor, and the Skilled Nursing Facility at St. Joseph’s Hospital.

Schuyler County: Schuyler Hospital’s Long Term Care Unit.

Yates County: Penn Yan Manor Nursing Home and Soldiers and Sailors Memorial Hospital Extended Care Unit.

Tompkins County: Beechtree Care Center, Groton Community Health Care Center Residential Care Facility, Kendal at Ithaca, Lakeside Nursing Home and Oak Hill Manor Nursing Home.

I found all these nursing homes in a just a few minutes spent on the New York State Department of Health website, http://nursinghomes.nyhealth.gov. The Department of Health offers quality and cost comparisons of nursing homes for every New York state county; the Pennsylvania Department of Health offers a similar service at http://app2.health.state.pa.us/commonpoc/NHLocatorIE.asp.

Given that the Twin Tiers has so many facilities for elder care, the Ziff Law Firm feels that it is important for people to know about this recent change in the law. It’s a powerful new tool in finding a legal remedy if a loved one in a nursing home is subjected to neglect or abuse that results in significant injury or damage.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

“None of us want to see a celebration marred by the death of a student or someone else caused by the consumption of alcohol by a minor.”

That, in a nutshell, is the message of a recent letter (open a PDF copy here, Schuyler County Graduation Letter) sent by Schuyler County District Attorney Joseph G. Fazzary to parents of high school seniors in Schuyler County’s three school districts.

District Attorney Fazzary is a good guy and a friend of mine. I think he is spot-on in providing this warning letter to the public. Local news agencies have reported on the letter: WETM’s NaveenDhaliwal posted “Schuyler County DA Warning Parents of Underage Drinking” and it was also covered in the Finger Lakes Daily News and Finger Lakes Daily Radio and the Odessa File. Now, with a copy of the letter provided by Fazzary, I’m doing my part in spreading the word.

Strict penalties for lenient parents

One of the most important points Fazzary makes in his letter is that there is a common misconception that parents can legally host a drinking party for their child and his or her friends. This is NOT TRUE.

It is NEVER legal for ANY adult to provide alcohol to someone else’s child – and no parent can grant “permission” for their child to drink alcohol provided by someone else.

The letter outlines the possible punishments for providing a child with alcohol: A fine of up to $1,ooo (plus a $165 court surcharge), up to 3 years of probation and up to 1 year in jail.

Furthermore, a parent/party host’s responsibility doesn’t stop at the end of the driveway. Someone who serves alcohol to underage drinkers can be sued for monetary damages in a personal injury lawsuit, if an accident was a result of intoxication or impairment.

District Attorney Fazzary makes a very compelling argument with these and other examples of the risks incurred by families that permit underage drinking. He also shares some sincere congratulations to the parents and graduating seniors.

His letter is an appeal all parents should heed to reduce the incidence of an all-too-avoidable tragedy. As he writes, “One night of revelry is not worth a lifetime of regret.”

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com