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Unsafe products are still sold online, even as internet shopping has become a way of life. The beauty of online shopping is you can shop the world. That is also the danger of online shopping. The question of product safety is still an issue, despite efforts to find and remove harmful products. How Products Online Can Harm Customers are harmed by products sold online in several ways including: Purchasing banned and recalled products Inadequate product labeling and safety warnings (including instructions provided in a foreign language). Buying products that do not meet safety standards Internet Product Safety Online shopping allows buyers to visit e-commerce platforms, websites, auction websites and social media. As a result, shoppers do not always to know who is making and shipping items, or for authorities to find unsafe products. Since 2001, Amazon.com expanded its network of third-party sellers from 6% to 50%. At least 40% of Amazon’s third-party suppliers are based in China, where counterfeit and dangerous products are common. Some examples of unsafe products sold online include smoke alarms that did not detect smoke and toys having lead and other harmful chemicals. Counterfeit batteries used in electronics have exploded. Shoppers have been able to buy small high-powered magnets online that are banned in Australia, New Zealand, Canada and the United States. Banned or Recalled Products Online According to Organisation for Economic Co-operation and Development (OECD), 68% of items that were banned or recalled were still offered online. In addition, 55% of 60 products did not meet product safety standards. In 2014, the U.S. Consumer Product Safety Commission (CPSC) found that 10 products sold online had been recalled in 2012 and 2013. The items included cameras, televisions, dishwashers, electric ranges and office chairs with risks for fire, burns, loose parts or skin irritation. Despite rules of the Food and Drug Administration and the CPSC, thousands of banned, unsafe and counterfeit items are still listed for sale through Amazon.com, eBay and other platforms. When buying products online from other countries, the United States Customs and Border Protection (CBP) considers buyers importers who are responsible for ensuring that products meet U.S., state and federal import rules, including product safety. That means buyer beware! How to Protect Yourself Tips to protect yourself from buying harmful products online include: Know who you are buying from. The more you know about the maker, the importer or the seller, the better. Learn what you should not buy. Visit local and international recall databases for unsafe products, such as the OECD’s GlobalRecalls portal, CPSC recalls and recalls.gov. Read safety warnings and instructions. Check how to use the product safely and if there are any age warnings. Any questions? Ask the seller for more information. Check ratings and reviews. Online customer ratings and reviews can show safety issues. Consider registering your product so you can be informed about recalls, software updates and safety information. Report product safety issues to the seller and contact any authorities. Consider writing a product review to alert others. What to do if Hurt by Unsafe Products Certainly, online shopping has been helpful and, in many ways, safer than in-person shopping during the pandemic. But if you or someone you know has been harmed by something bought online, you may have a defective product case and/or a case against the site where you purchased it. Our product liability and personal injury attorneys can help you.

Fort Myers attorney J. Jeffrey Rice retires as NFL referee this year. He has been moonlighting as an NFL referee for 25 years, but hung up his whistle for the final time after Sunday’s Pro Bowl. Rice, a former managing partner of Goldstein, Buckley, Cechman, Rice & Purtz retired as a game umpire after calling Sunday’s Pro Bowl at Camping World Stadium in Orlando. Rice began officiating high school football games in 1973, just a year after graduating from Northwestern University. After earning a juris doctorate from Case Western Reserve University in 1975, Rice was admitted to the Florida Bar and continued officiating on the weekends in Southwest Florida through the South Gulf Football Officials Association. He steadily built a reputation as a premier official and worked his way up to college games, then NFL Europe games, before being hired by the NFL in 1995. J. Jeffrey Rice retires as NFL referee after a fulfilling role on the field as an umpire. His duties include monitoring the line of scrimmage for illegal blocking or holding calls and false starts, as well as marking off penalty yardage and counting the number of offensive players on the field. Over the past 25 years, Rice has officiated more than 400 NFL games and been granted 24 postseason assignments, including four Super Bowls and four Pro Bowls. Postseason officiating crews are considered the league’s top game officials. Rice is one of only 105 officials to work a Super Bowl game, and one of just 16 who have worked three or more Super Bowls, including two of the closest championship games in NFL history: Super Bowl XXXV (2001 – alternate official): Baltimore Ravens 34, New York Giants 7 Super Bowl XXXVI (2002 – umpire): New England Patriots 20, St. Louis Rams 17 Super Bowl XXXVIII (2004 – umpire): New England Patriots 32, Carolina Panthers 29 Super Bowl 50 (2016 – umpire): Denver Broncos 24, Carolina Panthers 10 With 25 years of experience, J. Jeffrey Rice retires as NFL referee with many accolades. Rice is recognized on a plaque displayed in a special exhibit at the Pro Football Hall of Fame in Canton, Ohio. Rice’s father, Bob Rice, worked for 19 years as an NFL official, including two Super Bowls. Fort Myers attorney J. Jeffrey Rice retires as NFL referee At his day job, Rice also is at the top of his game, having been named to Florida’s prestigious Super Lawyers list for 14 consecutive years. To earn the annual honor, candidates are measured against 12 indicators of peer recognition and professional achievement, a rigorous and methodical process to determine Super Lawyers that represent the top 5 percent of legal professionals in each state. Rice, who often makes himself available as a guest speaker for local organizations, emphasizes his practice on commercial law, construction law, construction lien cases and real estate closings for clients. He is a member of the Lee County Bar Association and Florida Bar, and licensed to practice in the U.S. District Court for the Middle District of Florida and 11th Circuit Court of Appeals. Rice has been honored by Martindale-Hubbell as a top-rated lawyer in business and corporate law, and has been included in the peer-reviewed legal publication Best Lawyers. Further Reading Florida Bar News Naples Daily News Naples Daily News WINK

Workplace Accidents, Fatigue and Injuries Fatigue is generally defined as the feeling of extreme tiredness, sleepiness or exhaustion resulting from prolonged physical or mental work, illness or lack of sleep. To some people, fatigue may not seem like a big concern, but when fatigue is experienced in the workplace, on the job fatigue can compromise worker safety. During National Safety Month, the National Safety Council’s theme for week 2 is Recharge to Be in Charge – Focusing on Fatigue. Southwest Florida Workplace Accidents According to the National Safety Council or NSC, every day approximately 13,000 American workers are injured in the workplace. While there may be a multitude of reasons or causes for these injuries, fatigue is a factor which can contribute to workplace accidents resulting in injuries. Since levels of fatigue vary from person to person, it is hard to pinpoint the actual effect fatigue has on workplace accidents and injuries. However, studies have shown that when workers have had an insufficient amount of sleep and become fatigued, there is a greater chance of making mistakes which could lead to accidents and injuries. Lack of sleep is not the only component which influences on the job fatigue. Workplace conditions can amplify fatigue during the work day. These conditions include things such as: Repetitive, monotonous or boring tasks Difficult or challenging tasks Hot or cold room temperatures, sitting near air or heating vent Insufficient lighting, dim lighting or light glare Constant noise or loud noise Reactions to particles in the air such as dust, chemicals or printer toner No breaks, performing a task for a long period of time Work shifts or over time hours If your job has duties which make you feel fatigued or your working environment leads to extreme tiredness or exhaustion, there are a few things you can do to try and fight fatigue such as: Ergonomic equipment to help reduce physical strains Anti-glare computer screens Drinking water or eating a healthy snack to boost energy levels Taking frequent breaks or taking a nap when working long shifts if possible Southwest Florida Workplace Accident Attorneys Workplace accidents can be complex. If you or someone you know has suffered from a fatigue-related workplace injury, it is important to contact an attorney experienced with personal injury. The attorneys at Goldstein, Buckley, Cechman Rice and Purtz have over 5 decades of experience with personal injury cases. We have six offices in Southwest Florida. Our offices are located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh Acres, and Port Charlotte for your convenience. Contact us today to set up your appointment for a free case evaluation.

Driving in Southwest Florida Storms Southwest Florida has a tropical climate with short, warm winters, and lengthy hot, humid summers. Because of the heat and humidity, Southwest Florida is known to produce frequent storms, waterspouts and even hurricanes. Driving in storms is sometimes unavoidable, therefore it is imperative drivers know and understand the additional risks and safety measures of driving in heavy winds or rain. Storm Winds While winds may not seem like a major concern on the roads, a strong gust of wind should not be taken lightly. The following tips will help drivers manage the additional risks strong winds bring. Anticipate gusts. Be informed on the weather forecast if high winds are possible. Also, be aware of areas prone to high wind such as open areas, overpasses, tunnels and mountainous areas. Be alert to large vehicles. Larger vehicles such as tractor trailers and RVs can swerve or veer off course due to strong wind gusts. Keep a firm grip on the steering wheel. Larger vehicles will be blown off course more easily however in high winds all drivers should have a firm grip on the steering wheel. Rain Storms Rain storms are an additional danger of the road because visibility is reduced and hydroplaning can occur. To help increase your safety in the rain, drivers should follow the following tips. Take your time. Driving slowly reduces the risks of hydroplaning. Drivers should also be aware that when rain first begins it is extra slippery from the oils on the road. Turn your lights on. Florida’s laws require drivers to have their headlights on when it’s raining. Give other vehicles more space. This will allow you more time to stop and more time for those behind you to stop. While driving in high winds and rain present additional challenges on the roads, the safety tips above will help ensure your trip is as safe possible. Accidents do happen, however. If you or someone you know has been involved in a car accident due to another driver’s negligence, it is important to know who to call. Who to Call The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have decades of experience in personal injury law. Our offices in Southwest Florida are conveniently located in Fort Myers (2 offices), Cape Coral, Naples, Lehigh Acres and Port Charlotte. Call us today to schedule a free consultation.

#SaturationSaturday As part of ongoing support of Mothers Against Drunk Driving and DUI prevention, Goldstein, Buckley, Cechman, Rice & Purtz was honored to provide the briefing dinner for #SaturationSaturday Aug. 24, an event organized by MADD Southwest Florida that included the Cape Coral Police Department, Lee County Sheriff’s Office, Florida Highway Patrol, Fort Myers Police Department and the Sanibel Police Department. The operation was a saturation patrol, focusing on identifying and taking impaired drivers off the road as well as targeting areas with traffic issues that cause crashes. #SaturationSaturday on Aug. 24 resulted in statewide DUI prevention activities by more than 60 law enforcement agencies. Launched by MADD, the first Saturation Saturday was held in Missouri in 2016 as a night of increased law enforcement patrols and sobriety checkpoints designed to reduce incidents of drunk or drugged driving. It coincides with the National Highway Traffic Safety Administration’s (NHTSA) Drive Sober or Get Pulled Over campaign, which runs from Aug. 14 through Sept. 2. One of the cornerstones of MADD’s Campaign to Eliminate Drunk Driving is increased, high-visibility law enforcement to both catch drunk drivers and to deter others by sending a strong message that if you drive drunk, you will get caught. In addition to supporting sobriety checkpoints throughout the year, the firm is presenting sponsor for Mothers Against Drunk Driving’s Walk Like MADD 5K walk and run that raises money to ensure no one in our community suffers from the impacts of impaired drivers. Walk like MADD will be at JetBlue Park at Fenway South Sept. 28. CLICK HERE for information or to sign up to participate.

Driving with Children Driving with children can be a difficult task. In addition to regular parenting duties, drivers must also worry about the roadways, distractions and car safety. Consumer Reports has identified 6 tips for driving with children in the car. Buckle Up – Half of teenagers who died in car accidents weren’t wearing a seat belt. Seat belts have shown to have saved over 300,000 lives over the last 50 years. Know their place – Children under 12 years of age should always ride in the backseat. Additionally, small children should be secured in an approved child seat. Secure Gear – Any objects in the car can become projectiles in the event of an accident or harsh breaking. All object should be secure, heavy objects should be on the floor, and children should be buckled up. Use the Proper Car Seat – More often than not car seats are improperly installed. A local car seat technician can take a look if you are unsure if it is safe for driving with children. Don’t Text and Drive – Not only is texting and driving unsafe for everyone on the roads, it will teach your children bad habits. Never Leave Children Unattended – Children can suffer a heatstroke in a hot car. Additionally, children should not play around cars because drivers can suddenly back up and strike a child. Driving or traveling with children presents additional risks, however the above tips will help increase your odds of driving safely with children. Accidents happen every day however and it is important to know who to call in the event that you and your family are involved in a car accident due to another driver’s negligence. Who to Call When Driving with Children The attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz have over 50 years experience in personal injury law. Our 6 offices located in Southwest Florida are conveniently located in Fort Myers (2 offices), Cape Coral, Naples, Lehigh Acres, and Port Charlotte. Call us today to schedule a free consultation.

Pedestrian Accidents Involving Cars in Southwest Florida With each new year, millions of Americans will be taking to the road, not by means of a vehicle, but as pedestrians. Every year, Americans make New Year’s Resolutions. One of the most popular resolutions for many is to be more active and to get in shape. With the beautiful weather and mild winters in Southwest Florida, many Floridians and “Snow-Birds” will take to the road on their venture to better health. While walking, jogging or running may seem like a great, safe way to get active, there are some safety precautions to take when strolling along the roads in your community to avoid pedestrian accidents. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, 5,376 pedestrians were killed in traffic crashes in the United States and nearly 129,000 pedestrians were treated in emergency room departments for non-fatal crash related injuries. While drivers carry a responsibility to pay attention to all of their surroundings while on the road, pedestrians equally share this responsibility while crossing the roads or walking on sidewalks. Laws for Pedestrians Sharing the Road with Vehicles Drivers of vehicles are not the only ones who have laws to follow, there are laws for pedestrians as well. Some of these laws include: Pedestrians must walk on the sidewalk, not the road when one is provided. Pedestrians must obey all traffic signals just like vehicle operators and only cross when the pedestrian light is green, provided they still look to make sure traffic has stopped. Pedestrians have the right of way on marked crosswalks but must still look to ensure that the road is safe to cross. Pedestrians may not stand on roadways paved for vehicle traffic to solicit employment, business or ride. These are just a few of the laws for pedestrians. Learn more about Pedestrian Laws Preventing Pedestrian Accidents Injuries Always walk on the sidewalk or a path. If a sidewalk is not available, then walk on the shoulder of the road facing the traffic. Always cross the street at designated crosswalks. If walking early in the morning or late in the evening, wear bright reflective clothing and carry a flashlight to increase your visibility when it gets dark. If your local park or recreation area has walking paths, take advantage of those areas for your daily walks and avoid venturing out near the roads and traffic altogether. If You Are Hit by a Car While Walking or on Your Bicycle If you or someone you know has been hit by a car as a pedestrian, it is important to seek advice from an attorney experienced in pedestrian accidents. Selecting an experienced attorney can help you receive the compensation you deserve. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have been helping clients for over 50 years. We provide a free consultation to discuss your case and determine what can be done to protect your rights. Call today to schedule your appointment.

Personal Injury Resulting from Lyft or Uber Accidents in Florida Throughout the year, many Americans depend on ride-sharing companies, like Uber and Lyft, to provide them a safe ride home. This has brought a marked rise in Lyft and Uber accidents in Southwest Florida. Since hailing a taxi cab has become a thing of the past, most people turn to their cellular devices and tap on apps. Uber and Lyft are ride sharing or ride-hailing services which have been offering transportation services to billions of people in the U.S. and worldwide. Uber Statistics Uber has 40 million monthly active riders (TechCrunch) Uber hit 2 billion rides in June 2016 (The Verge) Uber is in over 450 cities globally (Uber Newsroom) Uber is the most used taxi app in 108 countries (Advertising Age) Lyft Statistics Lyft has over 3 million active monthly riders (TechCrunch) Lyft is in over 300 cities globally (Lyft) 74% of Lyft riders also use Uber (The Verge) Complications of Florida Uber Accidents or Lyft Accidents Accidents which involve ride sharing or ride hailing companies can be legally complicated. Finding which insurance company will be responsible can be quite challenging. Does the driver of the ride sharing company have the proper insurance? Do Uber or Lyft bear responsibility for the action of their drivers? What happens if the Uber or Lyft driver were not at fault? When accidents involving ride sharing or ride hailing companies occur contacting an attorney can help you sort out the dilemma with the insurance companies. Who To Contact If You’re in an Accident While Using Uber or Lyft If you are a victim of a personal injury accident involving companies such as Uber or Lyft, the attorneys at Goldstein, Buckley, Cechman, Rice and Purtz can assist you. We can help untangle the insurance coverage situation to allow you time to focus on your recovery from the crash. Our team of experts have over 5 decades of experience in personal injury cases. Consultations are free. Call today to schedule your appointment. Justice Starts Now.

Boating Accidents from Boating Under the Influence (BUI) Boating accidents are common. Florida’s subtropical climate in the north and tropical climate in the south make it home to many boat enthusiasts. With ideal boating weather and water located on 3 sides and throughout the state, boaters can enjoy the luxury of year-round boating. Unfortunately, boating is oftentimes enjoyed with alcoholic beverages on hand. It is important that boaters be aware of the laws and dangers pertaining to Boating Under the Influence (BUI). Dangers of Boating Under the Influence A person boating under the influence is 10 times more likely to die than a sober boat operator (See Boating DUI Law below for Limits) 34% of fatal boat accidents are alcohol-related External conditions (motion, vibration, noise, sun, wind, spray) intensify alcohol affects Motor skills such as those used to drive a car (coordination, reaction time, judgement etc.) become diminished Boating DUI Law Illegal to operate Vessel while under the influence of drugs or alcohol Breath alcohol level of .08 or higher presumed under the influence (over 21 years old) Under 21 years old – .02 alcohol level or above is a violation of Florida Law BUI Penalties BUI Penalties can include but are not limited to: Suspension or Revocation of Driver’s License Fines Jail Probation Who to Call If you or someone you know are involved in a BUI or BUI accident it is important to seek experienced legal counsel. The attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz, have over 50 years experience in dealing with boating accidents due to a boat operator boating under the influence of alcohol, and other boating accident related offenses. Contact us today for a free consultation.

Do not ruin July 4 by drinking and driving! A rise in alcohol sales during lockdown and the pandemic could make July this year even deadlier for driving. During July, with July 4th being a key factor, more people die in drunk driving crashes than any other month, according to the National Highway Traffic Safety Administration. Early May represented the strongest growth rate for alcohol sales since the “peak pantry-loading week” in late March, according to figures from market research firm Nielsen, which noted alcoholic beverage sales were up 55% as of the week of March 15-22 across the country. Spirit sales were up, too, and have soared to 75%, while beer sales saw a 66% jump and wine sales spiked to 42% when compared to this time last year. Mothers Against Drunk Drivers (MADD) notes drunk driving is still the number one cause of death on our roadways. Every two minutes, someone is injured in a drunk driving crash, and every 51 minutes, someone is killed, with drunk driving impacting two out of three people in their lifetime. Do not ruin July 4 by drinking and driving. This is despite efforts to curtail drunk driving since 1980, when MADD was started by one mom whose daughter was killed by a drunk driver at her kitchen table. While the number of drunk driving fatalities has been cut in half since then, alcohol-related deaths remain the third leading preventable cause of death in the United States. Do Not Ruin July 4 By Drinking and Driving For the third year, Goldstein, Buckley, Cechman, Rice & Purtz will be a presenting sponsor for Mothers Against Drunk Driving’s Walk Like MADD 5K that raises money to fund free victim support and drunk driving prevention programs in Southwest Florida. This year’s Walk Like MADD Saturday, Sept. 26 will be virtual. Although virtual, the event will still offer amazing food (via coupons), finisher medals, 5K place medals and, in place of an event shirt, a custom neck gaiter. For information on supporting or joining the walk, click here. Walk Like MADD provides an outlet for those affected by drunk and drugged driving to channel their grief into hope and healing and gives communities the chance to surround and support those hurting by taking action to prevent others from suffering. MADD believes that drunk and drugged incidents are not accidents because they are the result of choice, not chance. Consider these statistics, provided by State Farm insurance – motivation so that you do not ruin July 4 by drinking and driving! Always choose a non-drinking designated driver — every time you go out. If you go out alone, do not drink alcohol. Order a non-alcoholic beverage such as a soft drink or water. Never feel pressured to drink alcohol. If you do plan on drinking, do so responsibly. Eat plenty of food and drink water. If you have been drinking, call a taxi or car-sharing service for a ride, like Uber or Lyft. Never get in a car with a driver who has been drinking. Protect others by taking their keys if they try to drive after consuming alcohol. They may be mad at you, but the alternative is much worse. Be careful on the road. Pull over and report drivers you suspect to be under the influence by calling 9-1-1. I have been been a team leader for Walk Like MADD and was named after a family member who was killed by a drunk driver. If you or someone you know has suffered injuries due to drunk driving, it is important to seek legal help. Our attorneys have over five decades of experience with personal injury cases.

Florida Car Accidents on Private Property Driving on private property happens more frequently than most people may realize. Most of the time that you park your car in a grocery store parking lot, you are on private property. In Florida, many neighborhoods have private roads. According to the Florida Highway Safety Car Accidents Crash Facts Report 15% of all accidents that involve property damage happen on private property. These car accidents can be more serious. On June 22nd, 2017 a woman was killed in an Englewood, Florida, parking lot after a car backed into her. Who is at fault in private property car accidents? Some people don’t realize that rules that apply to public property may not be the same on private property. In some cases, it may be difficult to get a police report for a car accident on private property. Even with a police report, the at-fault party may not be clearly established. In many of these cases getting crucial evidence from a property owner can be a challenge. Southwest Florida Property Owner Liability Improperly maintained private property may shift liability to the owner of the property. The following are examples of neglect on the part of a property owner. Missing stop signs Blind spots due to overgrown foliage or other conditions causing line of sight issues Missing direction signs Poorly maintained driving surface Liability may belong partially or entirely to the property owner. Property owner liability can create an extra wrinkle when determining the at-fault party in a private property car accident. Who to call if you’re the victim of a car accident on private property As the victim of a car accident on private ,property it is important to seek legal representation. Knowing your rights can help begin the recovery process. We have six offices in Southwest Florida. Our offices are conveniently located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh Acres and Port Charlotte. Call Goldstein, Buckley, Cechman, Rice & Purtz today to schedule your appointment for a free consultation.

Fourth of July drunk driving accidents – and their statistics – are a powerful motivator.  As you make your plans for the upcoming 4 th of July holiday celebrations, make sure that your plans include a safe ride home, especially if your plans include consuming alcoholic beverages. When celebrating Independence Day many Americans enjoy celebrating the occasion with fireworks, barbeques and alcoholic drinks.  Though this may sound like a fun, exciting gathering, it can turn into a life-altering day for you or others if Fourth of July drunk driving accidents should occur. The Fourth of July ranks high on the list for the deadliest holiday weekends.  According to the U.S. Department of Transportation Traffic Safety, during the 2015 Fourth of July holiday, which is considered to be from 6 p.m. July 2 to 5:59 a.m. July 6, there were 146 fatalities from crashes involving at least one impaired driver with a blood alcohol concentration, or BAC of .08 or higher.  During this same time frame, 92 people died in vehicle accidents which involved an impaired driver with a BAC of .15 or higher which is nearly twice the legal limit. Impaired driving can have very serious ramifications for those involved.  While no one plans for an accident to happen, car crashes do occur.  Being a responsible citizen and planning ahead can help to prevent some accidents due to drunk driving. Prevent Fourth of July Drunk Driving Accidents on Southwest Florida Roads Careful planning can help to prevent drunk driving fatalities.  Some things to remember when planning your holiday celebration: Make sure that everyone has made arrangements for a safe way home if they are planning to consume alcohol. Have a relative or friend pledge to be the designated driver for the evening. Before drinking make sure your designated driver will stay sober and give them your keys. Call a taxi or other ride share programs such as Uber of Lyft. If you are the designated driver, don’t text and drive, stay alert and abide by the speed limits. Buckle up and make sure all occupants in the vehicle are using safety restraints. If you encounter a drunk driver do not attempt to stop them, keep your distance and don’t hesitate to contact local law enforcement. Contact Our Experienced Staff to Help You with DUI Questions If you have been involved in Fourth of July drunk driving accidents, contact the attorneys at Goldstein, Buckley, Cechman, Rice and Purtz.  There are many factors involved in a DUI case and our attorneys have extensive knowledge with these types of cases.  We have six offices in Southwest Florida.  Our offices are conveniently located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh and Port Charlotte.  Call us today to schedule your appointment for a free consultation.