Intro: Is FEMA ready to handle the onslaught of flood and hurricane disasters in 2010? I am attorney Aaron Sachs. We will discuss disaster preparedness and the role of FEMA in this week’s Legally Speaking.

Q: It seems that a disaster can strike at any time. How quickly should the government be able to respond?

• A: A common estimate based on past experience is that federal response can take anywhere from 48-120 hours, depending on the disaster.
• While FEMA does its best to protect the public, people must share in the responsibility to protect themselves and their families.

Q: What types of things should people do to protect themselves?

• A: Keep basic survival supplies in your home at all times, such as non-perishable food items, bottled water, and first aid supplies.
• These should be enough to last at least 3-4 days.
• A flashlight, a battery operated radio, extra batteries, and some form of communication are also important to have on hand.

Q: What exactly is FEMA’s role?

A: FEMA coordinates the work of federal, state, and local agencies in responding to natural disasters like floods and hurricanes, as well as nuclear disasters. It provides financial assistance to individuals and governments to rebuild after a disaster has struck. FEMA trains firefighters and emergency medical professionals; and funds emergency planning throughout the United States and its territories.

Q: What are the different areas of FEMA’s responsibilities?

A: FEMA has responsibilities in what it defines as four domains of emergency management:

• Mitigation: Reducing the severity or likelihood of the hazard.
• Preparedness: Ensuring you have the capability to respond to the hazard.
• Response: Immediate actions taken to save lives, property, the environment, and the economy.
• Recovery: Subsequent actions taken to restore property, jobs, and services.

Q: Aaron, what’s the bottom line on FEMA and disaster preparedness?

• A: No government agency is perfect, and although FEMA has reorganized and is taking steps to solve the problems which were apparent during Katrina,
• People need to be realistic and responsible for their own safety and well being.

Springfield, MO March 22, 2010 — Every year, more than 1,300 people die from traumatic brain injury and 12,000 people are hospitalized or treated for brain injuries according to the Missouri Department of Health and Senior Services. These injuries often result from negligence, inattention, or other circumstances that are completely avoidable or preventable. The Brain Injury Association of Missouri fights this growing problem by promoting public awareness, prevention and knowledge through its Points of Light Club, one of its fund-raising arms, which enables groups in fourteen Missouri cities to provide ongoing support to brain injury victims and their family members. The law firm of Aaron Sachs & Associates will be the Host Sponsor for a Seminar the Association will hold March 27, next Saturday, in Springfield. The Southwest Regional Survivor and Family Seminar will take place at the Catherine McAuley Conference Center, a facility of St. John’s Mercy Medical Center, and is open to individuals, their families and caregivers, who cope with traumatic brain injury on a daily basis. The program will feature topics such as physiological manifestation of brain injury, (vision and motor problems); the effect of concussions; the brain-injury potential of substance abuse; and legal issues surrounding guardianship and conservatorship for those persons in charge of the well-being of brain injury sufferers and other special-needs patients. Aaron Sachs, whose law firm has offices in Springfield, Columbia, Joplin and Cape Girardeau, has been a Points of Light contributor for many years to help deal with the effects of traumatic brain injury. He sees this problem in his daily law practice so his firm sponsors a variety of public-service events during the year, such as helmet giveaways for young cyclists and driving-safety seminars for teens. “We need to make the public aware that life can change in a second, not just for the injured person, but everyone in that person’s family and circle of friends,” Sachs says. “Most of our awareness efforts are about prevention because faster than anyone can imagine, life can go from a joyous experience to mere existence. This is often preventable since it results from acts such as driving impaired, driving drowsy, even driving while distracted. The victim doesn’t have to die for his or her life to be effectively taken away.” “Unfortunately, the need is growing for the practical and tangible help we provide to an increasing number of victims and their caregivers, friends and family-members in our State. This is why we so strongly support the BIA-MO in their effort to help over 3,000 people on a continuing basis.” Aaron Sachs and Associates’ personal injury law firm has offices in Springfield, Joplin, Columbia and, now, Cape Girardeau. Their services and community-service outreach programs are covered in much greater detail on their website: http://www.autoinjury.com/areas-of-practice/springfield-office. ####

Kings highway was closed this afternoon because of an auto accident at Independence and Kings highway in Cape Girardeau. The cars were pretty smashed up, but thankfully there were no fatalities.

That got me thinking about the tragedy from a couple of weeks ago when a young Cape Girardeau man who worked at the Red Cross was killed in a truck accident when the vehicle he was riding in collided with a semi tractor trailer. When a truck is part of any accident, fatalities are often involved.

On the last day of 2009, two people were killed in a 12./31 wreck in Poplar Bluffs, Mo, One of the two cars also struck a tractor trailer. The truck driver had only minor injuries, but the two drivers of the others cars were pronounced dead at the scene. These deaths brought the Missouri State Highway Patrol’s Troop E region fatality count to 73 for the year. I remember thinking then that I hope the new year will have far fewer fatalities and truck accidents than 2009 did.

Losing 28-year- old Cape G Red Cross worker Jonathon Chamberlain in a fatal accidentin the third week of the new year was a sad and discouraging start for 2010. Let’s work on keeping February – and the rest of the year – fatality free in Cape G, Poplar Bluffs, and the whole southeast Missouri area.

In our February 29th blog, we wrote about a personal injury trial taking place in federal court alleging that a big chemical company knowingly dumped asbestos-contaminated dirt from their in the town of Libby Montana, causing 400 deaths and 1200 injuries to town residents.

Now a similar case has hit much closer to home.

On April 23rd, the Associated Press reported that a lawsuit had been filed against Prime Tanning Corp of St. Joseph, Missouri alleging that the company had knowingly sold sludge contaminated with a toxic carcinogenic chemical (hexavalent cromium) to farmers in the Missouri counties of Andrew, Buchanan, Clinton and DeKalb.

The case was filed in Clinton County Circuit Court in Cameron, MO on behalf of just two plaintiffs, but given the sudden proliferation of malignant tumors in the areas where the contaminated sludge was used on farms, more plaintiffs are expected to come forward.

The original plaintiffs are William Kemper of Cameron, Mo and Janet Lasher of Gallatin, Mo. Mr. Kemper’s wife died at age 44 from a brain tumor, and Ms. Lasher is suffering from lung cancer that has spread to her brain.

Hexavalent cromium is the same cancer-causing chemical that Erin Brockovich – of Hollywood movie fame – fought against on behalf of the townspeople of Hinkley, California, eventually winning a $333 million settlement from Pacific Gas & Electric Company for contaminating the town’s water.

Recently, Clinton County Circuit Court Judge Brent Eilliot issued a temporary restraining order in an effort to prevent the defendants from destroying documents relevant to sludge given to farmers.

As a personal injury law firm with offices in Springfield, Joplin and Columbia, Missouri, we at Aaron Sachs & Associates are interested in pending cases focused on bringing justice to individuals who suffer from personal injuries. We will be closely following the Missouri case, and hope that if Prime Tanning (recently renamed National Beef Leathers Co.) knowingly sold contaminated sludge to Missouri farmers – and lied about it as the lawsuit alleges – they will be held responsible for the deaths, illnesses, injury and suffering that resulted from their actions.

Teaser: Could new passport rules affect your family vacation? I am attorney, Aaron Sachs. We will discuss new border entry laws in this week’s Legally Speaking.

Intro: Following the 9/11 attacks, Congress worked on several measures to improve border security. Some of those measures made the requirements for entering the U.S. much stricter, but it took years for the new rules to take effect. Now that they have, they could affect you if you take a trip outside the U.S. Brian Hamman and attorney
Aaron Sachs will discuss passports in this week’s Legally Speaking.

Q: Aaron, this week’s topic is passports and border security. Does everyone need a passport to enter the U.S.?

A: Not yet, although that is the eventual plan. The date for requiring passports for anyone entering the U.S. from anywhere hasn’t been determined yet.

Q: Who does require a passport?

A: Formerly, anyone flying into the U.S. from a foreign country other than Canada, Mexico, Bermuda and the Caribbean needed a passport. The first border rule that went into effect in 2007 requires all air travelers into the U.S. to have passports, even if they’re coming from those areas previously exempt from the rule.

Q: What about travel by land?

A: While not many residents of Missouri enter the U.S. via a land border crossing on a regular basis, the rules have changed. In case you do find yourself driving in from Canada or Mexico, you’ll need to present acceptable identification proving your citizenship.

Q: What is acceptable?

A: Passports, passport cards, enhanced driver’s licenses, military IDs accompanied by military travel orders and a few more obscure ID forms can be used by themselves. If you don’t have any of those, you need two forms of ID, generally a driver’s license and a birth certificate. Citizens age 18 and under simply need a birth certificate.

Q: Will passports eventually be required for all land border crossings?

A: Yes, U.S. Customs and Border Protection claims it could happen as early as this summer.

Q: How do you get a passport?

A: If it’s your first passport, or you’re replacing a lost passport, you have to apply in person at a registered facility. You can search for a nearby facility at the U.S. Department of State’s website - they are commonly court buildings, post offices and other municipal buildings.

Q: What do you need to bring with you?

A: Two photos of yourself, cropped to the appropriate size, proof of your U.S. citizenship (usually a birth certificate), and a photo ID.

Q: What are the photo requirements?

A: The two photos must be identical, in color, 2 inches by 2 inches in size, and taken within the last six months. Your current appearance should not differ significantly from your appearance in the photos.

Q: What should you do if you’re outside the U.S. and you lose your passport?

A: The first steps you should take happen before you ever leave the country. Make several color copies of your passport. Keep several in your luggage, leave some with friends, and scan a copy and email it to yourself. While these won’t substitute for your real passport, if you lose the real one, they can make it a lot easier to get a new passport.

Q: Who should you call if you do lose the real passport?

A: Visit the U.S. Embassy wherever you are, during normal business hours. Expect a long wait and lots of bureaucratic headaches. You may have to call a friend or an attorney in the U.S. to help determine your citizenship.

Q: Aaron, what’s the bottom line on border safety?

A: Americans are getting used to security inconveniences when they travel these days. We’ve tightened the borders, so these issues are just a fact of life now.

Legally speaking is published weekly on this website, brought to you from the law offices of Aaron Sachs Associatesserving the areas of Springfield, Joplin and Columbia MO.

I am attorney Aaron Sachsfrom the law firm of Aaron Sachs Associates of Springfield, MO. We will discuss the W.C. Grace Trial in this week’s Legally Speaking.

Feb 23rd was the opening day of the W.R. Grace criminal trial taking place in federal court.
I’m sure that personal injury attorneys nationwide will be watching this case with great interest.

The suit alleges that chemical company W.R. Grace (of A Civil Action notoriety) released asbestos-contaminated vermiculite from their mine in the town of Libby, MT, and then hid information regarding their disposal of the contaminated material from federal investigators.

Approximately 400 deaths are attributed to the asbestos exposure as well as 1200 injuries including the lung disease called mesothelioma.

Hundreds of millions of dollars are at stake in the case as well as possible prison sentences for the executives involved in the obstruction of justice cover up and for violating the Clean Air Act.

Although the judge has said that the residents of Libby who have died or developed asbestos-related illnesses are not really “victims of a crime” many people disagree.

Health and Wellness News reported that “Dr. Brad Black, who works at a clinic for asbestos disease sufferers in Libby, called Judge Molloy’s statement ‘outrageous’ and has extended an invitation to the judge to ‘come see the unbelievable suffering’ in Libby as a result of irresponsible and ‘criminal’ actions on the part of the now-defunct W. R. Grace corporation.

“For decades, that company showered Libby with a slow poison, delivered with a full knowledge that the asbestos would sicken or kill a large percentage of our population. If that’s not a crime,” stated Black, “and these people aren’t victims, I don’t know what is.”

As a Missouri personal injury attorney, living and working far from Libby, Montana, my interest in this case stems strictly from a desire to see justice done. If this large chemical company knowingly endangered the citizens of this small town by dumping asbestos-laden material in open fields where children and others played and walked and gathered, I certainly hope that they will be made to pay.

Among the most dangerous of personal injury accidents are closed head injuries, because the injured party is often certain he or she is just fine.

Case in point in the news this week is actress Vanessa Redgrave’s daughter Natasha Richardson, also a well-known actress. Richardson was skiing on a beginner slope in Canada when she fell, apparently hit her head, got up and insisted she was fine. It wasn’t until later, news reports say, that she began to say she wasn’t feeling well and the ski patrol insisted that she see a doctor.

What appeared at the start to be “nothing” has turned out to be a fatal head injury.

And therein lies the danger.
The statement from the ski resort reports:

She did not show any visible sign of injury but the ski patrol followed strict procedures and brought her back to the bottom of the slope and insisted she should see a doctor.
Her ski instructor and a member of the ski patrol accompanied Richardson to her hotel, where they again recommended she be seen by a doctor.
Mont Tremblant spokeswoman Catherine Lacasse said Richardson said she seemed fine at first. “An hour later she said she didn’t feel well. She had a headache, so we sent her to the hospital,” Lacasse said. “There were no signs of impact and no blood, nothing.”
We hope all our readers will take this unfortunate incident as a reminder that in any injury accident, if there has been any impact to the head, the person must be watched very closely for at least 24 hours after the accident, and if there are any indications whatsoever that the person is feeling “not well” in the least, immediate medical attention should be sought.

What happens if the land your home was built on turns out to be contaminated? I am attorney Aaron Sachs. We will discuss developing brownfields in this week’s Legally Speaking.

Intro: Brownfields are former industrial sites that have been left contaminated and unsuitable for development without an expensive cleanup. They can be safely, legally built on, but some developers take short cuts and leave homeowners at risk.

Q: Aaron, this week’s topic is brownfield development. Could you give some examples of a typical brownfield property?

A: They can range from a former gas station that has fuel tanks still in the ground to steel mills that leave tons of toxic waste behind. Recently, a housing development near Orlando, Florida was found to have been built on a former World War II bombing range, and live bombs have been found.

Q: Is it legal to build on such a site?

A: It is as long as proper clean-up procedures have been followed, according to guidelines set by the Environmental Protection Agency and the Missouri Department of Natural Resources. There are legal guidelines as well – in most cases, anyone who purchases or leases land on the site must be fully informed of the site’s history.

Q: Is a developer liable if contamination at a site causes problems?

A: Under the federal Superfund law, the current owner of a property is responsible for any contamination present at the site. Some states have laws that allow developers to sign contracts with the state absolving them of liability for a contaminated site if they follow certain procedures. Missouri does not have such a law.

Q: Let’s talk about liability if a developer does it the wrong way.

A: Even though the developer may clearly be at fault, it’s never a slam dunk case. The factors that complicate things include:

• Proving that residents’ health problems are related to contamination.
• Proving that contamination levels are unsafe.
• Determining that the developer was aware of the contamination and failed to notify residents.

While the cases take years to wind through the courts, residents are stuck with worthless property they are afraid to live on. The cases often end with buyouts that simply allow residents to move on, although some lawsuits reach hundreds of millions of dollars.

Q: What was the most infamous brownfield contamination case?

A: In the 1970s, we didn’t even refer to these places as brownfields, but near Niagara Falls, NY, a housing development, schools and playgrounds were built on a filled-in canal that had been used as a chemical dumping ground by a chemical company. That neighborhood, known as Love Canal, was like something from a horror movie. Residents literally had chemicals seeping into their lawns and dissolving the soles of their shoes.

Q: How was that case settled?

A: A government buyout got the residents out of harm’s way, but it took decades until the chemical company was forced to pay a settlement to the state totaling about $100 million. But Love Canal is really the case that brought these issues to national prominence and lead to the rules that developers of brownfields have to follow today.

Q: Are there tax incentives to encourage developers to properly clean up and utilize these sites?

A: There are tax breaks at the federal level, and Missouri also has a state program that has been a success in funding cleanups. For example, between 1999 and 2005, Missouri offered almost $100 million in tax credits for brownfield remediation, leading to the cleanup of 50 sites across the state. By comparison, Illinois spent only $16 million in the same period.

Q: Aaron, what’s the bottom line on brownfield development?

A: Redeveloping brownfields is an excellent way to fight sprawl and clean up old toxic sites, but it has to be done right and with the full knowledge of anyone who later chooses to live on such a site.

Introduction: Ever wonder how the US Census Bureau counts all 300 million people in the US, and why? Find out how the 2010 Census will be accomplished – and what can happen to you if you refuse to cooperate. Let’s discuss your obligations as a US citizen re: the upcoming Census.

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Question 1: Aaron Sachs, a Missouri attorney, this week’s topic is the 2010 US Census, why does the US do a census every 10 years?
Answer: The United States Census is mandated by the Constitution. The population is counted every 10 years and the results are used to allocate Congressional seats, electoral votes, and government program funding.
The first census was taken by U.S. marshals– on horseback– in 1790, and counted 3.9 million people. Census 2000 counted more than 281 million people, a 13.2 percent increase over 1990. The 2010 Census expects to count over 300 million people.
2) What kind of information do they collect and how is it collected?

Answer: In the past every household, in theory, received either a short form (seven questions) or a long form (52 questions!) that asks for more detailed socioeconomic information. In some cases, the forms were hand delivered. The head of the household is required to fill out the form and return it to the Census Bureau by the date specified on the form.

For the 2010 Census, the long form will be eliminated. All homes will receive a short form that asks for name, sex, age, date of birth, race, ethnicity, relationship and housing tenure.

A second form will be mailed to households that don’t respond to the first one. And then, if you still don’t respond an employee from the Census Bureau, called an “enumerator,” will come knocking on your door.

The more detailed socioeconomic information will still be collected, but by a different agency called the American Community Survey, which will collect data from a portion of the population every year on a rotating basis throughout the decade.

3) What happens if I don’t want to participate?

Answer: You are mandated by law to participate. If you refuse, or you deliberately give inaccurate information, you can be in legal trouble. According to United States Code, Title 13 (Census), Chapter 7 (Offenses and Penalties), SubChapter II, if you’re over 18 and refuse to answer all or part of the Census, you can be fined up to $100. If you give false answers, you’re subject to a fine of up to $500. If you offer suggestions or information with the “intent to cause inaccurate enumeration of population,” you are subject to a fine of up to $1,000, up to a year in prison, or both.

4) How likely is it that you will be fined?

The truth is, the Census Bureau is not a regulatory agency so it will be difficult for them to enforce any penalty. Especially since the last Census had a total final rate participation at just 67%. That means a third of the population did not fill out the surveys. That’s a lot of people to track down for fines.

5) Why do so many people not participate?

There are many reasons people are reluctant to participate in the Census, a major one is concern over privacy of their information. But just so you know.. by law, the Census Bureau can’t share your answers with others, including welfare agencies, the Immigration and Naturalization Services, the Internal Revenue Services, courts, police and the military. Violating this law is a crime punishable by a severe penalty that could also include a federal prison sentence.

Bottom line: Filling out the 2010 Census should take about 10 minutes. It will help your community because most government spending is allocated based on population. Privacy laws protect your information so just help out and do your part when you get the form in the mail next year. Plus, it’s against the law not to participate.

In order to make a claim following a personal injury accident, the party bring the claim has the burden of proof to establish liability or fault of the party being sued. There has to be someone or some company that is either at fault or was negligent, or whose fault or negligence contributed to the injury accident. There must be a basis for liability in every personal injury claim.

Fault, negligence and contribution are all legal concepts that this blog will touch on briefly, in a non comprehensive manner, as it relates to individuals who have been involved in a personal injury accidentin Missouri and are trying to understand the legal issues of a personal injury case.

Often the issues of “fault” and “negligence” — and whether someone else is legally responsible for an accident or injury are issues that are decided by a judge or jury, but in general, the issue of fault or negligence in personal injury cases has to do with these kinds of questions:
• Did someone’s act or failure to act directly cause or contribute to cause the accident and injury? For example, if a driver ran a stoplight, you may want to consider whether he was speeding, driving carelessly or driving drunk as facts that support the other driver being legally responsible for your injuries.
• If that person was working for a company at the time, the company might also be considered legally responsible, depending upon the circumstances and facts of the case.
• If icy or snowy roads appear to be the “cause” of the accident, but the other driver should have been going more slowly or driving more carefully under those conditions, he or she maybe found at fault or be found negligent in causing the accident.
• If an equipment failure caused the accident, that might affect who is legally responsible….especially if the driver knew of the problem and failed to take steps to have the equipment fixed.
• Sometimes it is determined that more than one party contributed to the accident or injury, in which case “comparative” levels of fault may determined.
Determining fault or negligence can be a complicated matter and often professional legal advice from an experienced personal injury attorney is advisable. Figuring out what to do after an accident and making sure you preserve your legal rights if someone else was at fault is very important in any personal injury accident that might result in a claim.