This week a friend was diagnosed with Melanoma. Living in beautiful Jacksonville, Florida the risk of skin cancer is even greater. The video below is not meant to cause you anxiety or depress you with the facts. We hope you will listen to the warning and use sunscreen. Parents please start early with protective clothing, hats and sunscreen.

Dear 16-Year-Old Me, A PSA for Skin Cancer Awareness

http://youtu.be/_4jgUcxMezM "Dear 16-Year-Old Me" is a moving PSA produced by The David Cornfield Melanoma Fund to help teenagers become aware of skin cancer

According to the National Highway Traffic Safety Administration wearing a seat belt can reduce the risk of car accident injuries by 50%. Forty-Two percent of passengers killed in auto accidents were not wearing seat belts in 2007. Seat belt use nationally has increased over the last ten years by almost 20%. NHTSA estimates an increase of regular seat belt usage by just 2% would save  1,600 lives and prevent 22,000 injuries. Drive safe and please buckle up.

We are saddened by the pedestrian accidents which occurred in Jacksonville yesterday.  Pedestrian accidents often leave victims with life threatening injuries.It is unfortunate that our city suffered two pedestrian accidents within a four hour time period yesterday. Over 120,000 pedestrians were injured in commercial vehicle accidents with over 5,000 fatalities in one year. We witness the devastating effects of Auto and Commercial Vehicle accidents everyday in our practice. When injuries are involved we urge victims to get legal help as soon as possible. Companies are liable for the commercial vehicle accidents caused by their employees. Don’t sign anything and don’t give a statement before you speak with a Personal Injury Attorney.

This week the JTA suspended four drivers after a background check revealed their license was suspended. Inadequate background checks and a lack of routine follow up by the JTA places not only our Jacksonville bus riders at risk but everyone on the highway. JTA bus system has 56 routes with 320 bus drivers traveling 8.5 million miles a year. We applaud the Jacksonville Times Union and their investigation. We believe Jacksonville bus riders deserve bus drivers with safe driving records.

http://jacksonville.com/news/metro/2012-02-16/story/jta-suspends-four-drivers-after-discovering-licenses-arent-valid

Pfizer Announces a Nationwide Recall of Lo/Ovral-28 and Norgestrel/Ethinyl Estradiol Oral Contraceptive tablets. The recall is due to the possibility of inexact tablet counts or out of sequence tablets which may put patients at risk for unintended pregnancy.  An investigation by Pfizer found that some blister packs may contain an inexact count of inert or active ingredient tablets and that the tablets may be out of sequence. The Oral Contraceptives were manufactured and packaged by Pfizer Inc., commercialized by Akrimax Rx Products and labeled under the Akrimax Pharmaceuticals brand and distributed nationwide.

As a result of this packaging error, the daily regimen for these oral contraceptives may be incorrect and could leave women without adequate contraception, and at risk for unintended pregnancy. Patients who have the affected product should notify their physician and return the product to the pharmacy. For more information follow the link below.

http://www.pfizer.com/news/press_releases/pfizer_press_releases.jsp#guid=20120131007121en&source=RSS_2011&page=1

Costa Concordia, Carnival’s luxury cruise ship departed on Jan 7^th with 4,234 on board. A tragic crash on Friday resulted in the death of 6, with at least 42 injured and 16 missing. Early reports from passengers and other witnesses familiar with the area indicate major failures by the cruise ship personnel and possible criminal behavior by the captain.

If you plan to go on cruise research the cruise line, search online for any crimes or accidents related to the cruise line, read the reviews.  When you board become acquainted with the safety equipment and the security staff.

What is reasonable care? Cruise lines are responsible for the safety of their passengers. The cruise ship should be held responsible when they fail to take reasonable care in protecting your safety; Foreseeable and preventable injuries sustained by passengers due to neglect, poorly trained personnel, faulty or inadequate safety equipment, inadequate security or even a failure to inspect the premises to prevent accidents. Cruise ship tickets often require that you give notice of your injury and file a claim within six months of your cruise.

"Power at its best is love implementing the demands of justice. Justice at its best is love correcting everything that stands against love." Martin Luther King Jr.

Wal-Mart has pulled a batch of powdered infant formula from more than 3,000 of its stores nationwide after a newborn Missouri boy who was given the formula became gravely ill with a suspected bacterial infection and died after being taken off life support, the retailer said Wednesday.

No government recall had been ordered for the 12.5-ounce cans of Enfamil Newborn powder with the lot number ZP1K7G. Manufacturer Mead Johnson Nutrition said its records showed the lot tested negative for the bacterium before it was shipped.

http://www.huffingtonpost.com/2011/12/21/walmart-pulls-formula_n_1164205.html?ncid=webmail1

We want to wish you and your loved ones a Merry Christmas and a Safe & Happy New Year! During this time of year some people are careless and they don't care about the safety of others. Accidents increase be prepared! Click on Barnes & Cohen Accident Do's & Don't's for legal tips about what to do in the case of an Auto Accident, Slip & Fall or other accident situations. Be Safe & Have a Happy Holiday!

Thanksgiving is a special time for family and friends to gather. Don't forget about our elderly go by and visit Grandma this holiday season or visit a Nursing Home and bring the joy of this holiday season to others. According to the "National Center for Elder Abuse" 102,879 cases of substantiated abuse was reported during a one year period in the US. Sadly many cases go unreported.  Neglect was the most common issue reported. If you have a loved one in a Nursing Home you may be comforted to know they have rights protected by the law.  For Information on Nursing Home Abuse Warning signs or Nursing Home Rights go to our Nursing Home Abuse page under Practice Areas...

Barnes & Cohen -Legal Tip
Snow Skiing, joining a Gym or allowing your child to participate in an after school sports program; the common denominator for these activities? The Release Form that piece of paper filled with legal jargon, fine print and scary possibilities. You may wonder if you or your child is seriously injured will those Release Forms stand up in court? In some cases the Florida and Georgia courts have taken sides in favor of the negligent company and their Release Forms. Read carefully before you sign away your rights. If possible pick up the Release Form and take it home with you highlight any concerns you have ask questions evaluate the company, the equipment and the employees. Although the company may not be willing to change their Release Form for you they may act with greater caution in the light of your concerns. If you or a loved one has been injured by the negligence of a company or an individual even if you signed a Release Form make sure that you call an Experienced Personal Injury Attorney as soon as possible.

Jacksonville, Jacksonville Beach, Clay County and Camden County Georgia-Important Numbers for your safety and convenience have been listed on the removable magnet on the front of your phone book. Poison Control, Weather, City Services and Your Public Library have been listed sponsored by Barnes & Cohen. We hope you will place the magnet on your refrigerator.

It's back to school time and that means kids waiting at the bus stop.  But before you send them on their way take a minute to find out who they may have to pass by on their walk to school or the bus stop. 

Sex offenders and predators can not legally live in certain areas close to schools, but that doesn't mean they don't reside on your child's route.  To find out go to: http://offender.fdle.state.fl.us/offender/homepage.do;jsessionid=KilZ6r2B7erb92oXX-yqtw__ and search for registered sex criminals near your home. 

(BBB)- In conjunction with the Federal Trade Commission’s (FTC) recent lawsuits on acai berry weight loss products, Better Business Bureau is warning consumers to be wary of phony “news” announcements of free trial offers for online diet pills.

According to the FTC, millions of consumers are being lured to websites that imitate those of reputable news organizations.  The “reporters” on these sites have supposedly done independent evaluations of acai berry supplements, and claim that their products cause major weight loss in a short period of time with no diet or exercise.  In reality the websites are deceptive advertisements placed by third-party or “affiliate” marketers.  The websites are aimed at enticing consumers to buy the featured acai berry weight-loss products. These fake news operations are the subject of a nationwide law enforcement initiative.

Ubiquitous deceptive online ads for the acai berry weight loss products can be found posing to be from popular outlets like ABC, Fox News, CBS, CNN, USA Today and Consumer Reports. According to the FTC, the defendants collectively have paid more than $10 million to advertise their fake news sites, and have likely received well in excess of that amount in ill-gotten commissions.

In 2010, the FTC filed an action against acai berry marketer Central Coast Nutraceuticals which has an F rating with BBB. According to the more than 2,800 complaints to the Central, Northern and Western Arizona BBB the company deceptively marketed acai berry supplements as weight-loss products, and “colon cleansers” along with a variety of refund and exchange issues.

“Fighting deceptive free trial offers online continues to be a game of whack-a-mole,” said Stephen A. Cox, President and CEO of the Council of Better Business Bureaus. “Just as soon as one company is put out of business it’s replaced by another with the same model of ripping consumers off under the guise of a no-risk free trial offer.”

“Before signing up for any free trial offer, read the fine print carefully and always check the company out with BBB. You’ll save time and money by avoiding the hassle and recurring charges of some unscrupulous offers,” added Cox.

BBB offers additional advice on signing up for free trial offers. Consumers who believe they have been misled by a free trial offer can file a complaint online with the BBB.

The Better Business Bureau is warning consumers to be wary of salesmen who are going door-to-door offering home security systems “at no cost.” Vivint, Inc. has been the subject of numerous government actions and numerous complaints filed with BBB.

Salesmen identifying themselves as being from Vivint, Inc. are offering “free” security systems if consumers pay for a monthly monitoring service.

Vivint, Inc., which also operated under the name APX Alarm Security Solutions, Inc., has had 1,441 complaints filed against it in the last three years, BBB’s standard reporting period. Additionally, the BBB Serving Utah, where Vivint/APX is headquartered, reports that at least four states have filed government action against Vivint/APX for a variety of violations including operating without a license and using false or misleading sales tactics.

The state of Arkansas fined Vivint/APX $40,850 for over 40 violations in 2009.

The state of South Carolina fined Vivint/APX $5,000 for violating South Carolina codes by having their license cancelled in another state (Louisiana).

The South Carolina order references a $50,000 fine levied by Louisiana for utilizing unlicensed employees, violation of a Cease and Desist Order and engaging in false, misleading or deceptive acts or practices.

Minnesota imposed a civil penalty of $25,000 against Vivint/APX for failure to comply with licensing requirements.

And last year, the Oregon Department of Justice announced a $60,000 settlement with Vivint/APX for misleading and aggressive sales practices.

Your BBB warns consumers to be cautious doing business with anyone who shows up on their doorstep. Don’t feel pressured to make a decision on-the-spot. Verify licensing, bonding, insurance or any other requirements that may be necessary for that industry. Consider getting estimates from multiple trustworthy businesses to ensure you’re getting the best deal.

Despite the signs that boast quick "credit repair" the truth is when it comes to fixing your credit there's no easy answer.  The only thing those so-called "credit repair" companies actually do is dispute all the derogatory credit information on your report to the three major credit bureaus. If the creditor doesn't respond within 30 days then the credit bureau must remove it from your credit report. 

Here's the catch- usually the creditor eventually does respond, and once they do the negative information goes right back on your credit report.  So while it may be a quick fix, credit repair is almost never a permanent one.

However, there are things you can do to repair your credit on your own.  First get a copy of your credit report.  You are allowed to get it free once a year at http://www.annualcreditreport.com/.  If you see any errors you can dispute them with the credit bureau. 

After that make sure you pay on time.  If you can't make a payment make sure you let the creditor know about it.  These days many companies will let you work out a more affordable payment plan rather than have you walk away from the bill. 

Lastly, know that bad credit may take time to repair, but it is possible.  Most negative information, including accounts in collection, will come off your report after seven years.

Blaming more and more sinkholes, and higher operating costs, State Farm Florida is asking for a 28 percent premium increase on its homeowners policies.

Sinkholes cost the insurer nearly $2 billion dollars over the last five years.  Forcing the company to drop sinkhole coverage from its standard policies.  State Farm is willing to discount the policies that don't have sinkhole coverage by about $150, but many consumer advocates argue it should be at least twice that amount. 

State Farm also points to higher operating costs, but new studies show State Farm is paying its agents commissions well above the national average. 

If approved, the new rates would take effect as early as April 1, 2011 for new business and July 1, 2011 on renewals. State Farm is the largest private property insurer in Florida with more than 500,000 policies.

JEA is warning customers to be on the look out for the latest scam. 

Here's how it works- customers are being called, text messaged or visited at their homes by folks claiming to work for JEA.  They say the bill is late, and unless you pay on the spot, using a credit card or cash, you will be disconnected.

Representatives at JEA say the only way it contacts its customers is through a letter or over the phone.  If you have any doubts, hang up and call JEA's customer service line back.

Residential Customer Service:
(904) 665-6000
(800) 683-5542
Representatives in JEA's call center are available Monday - Friday, 8 a.m. - 7 p.m. and on Saturday, 8 a.m. - noon.

The Publix Premium Light Tiramisu ice cream has been pulled from the shelves because it may be dangerous. 

People who have an allergy or severe sensitivity to almonds run the risk of serious or life-threatening allergic reaction if they consume this product.

The recall affects the Publix Super Markets’ in five states, including Florida and Georgia. The product UPS is 41415- 13343. The product lot code, which can be found on the bottom of the ice cream carton, is ‘Sep 12 2011 B7 PLT 12-444.’

The product packaging features a Premium Light Tiramisu Ice Cream carton and a Premium Coffee Almond Fudge Light Ice Cream lid. Publix officials say there was a mix-up in packaging.

Those who purchased this item can return it to place of purchase for a full refund. Consumers with questions should contact Publix’s Consumer Relations department at 1-800-242-1227 or visit www.publix.com.

The U.S. Consumer Product Safety Commission has issued a recall of two models of Phil & Teds brand jogging strollers due to reports of injuries received by adults as they folded or unfolded the strollers. Two adults received lacerations and the other experienced a partial amputation of a finger.

Approximately 22,000 jogging strollers, sold in retail stores from 2008 to 2011, are involved. Consumers should check to see if they own the Sport v2 (serial numbers range from 0308/001 to 0510/0840) or the Classic V1 (serial numbers range from 0308/0001 to 0510/0906) models. The serial number is found inside the folding hinge.

Owners are asked to stop using the product immediately.

For more information on the recall, contact Phil & Ted USA at 877.432.1642 or www.philandteds.com/support.

An ABC News investigation reveals that every time you post cell phone pictures online, using your smart phone, you could be telling crooks exactly where you live. 

It's called "geotagging" and what it means is your cell phone camera embeds information into every picture. Then when you post that picture online, on sites like Facebook and Twitter, you are actually revealing your location.  You can see the full story at http://abclocal.go.com/kabc/story?section=news/consumer&id=7798176.

So what can you do to protect yourself?  It's easy, you just need to change your smart phone's settings. Instructions on just how to do that can be found here: http://www.icanstalku.com/how.php#disable.

During this cold snap many of us are turning to our electric heaters to stay warm, but make sure you aren't relying on a dangerous product.  On January 13, 2011 the U.S. Consumer Product Safety Commission announced a recall of some popular heaters sold at Wal-Mart.

More than two million Flow Pro, Airtech, Aloha Breeze and Comfort Essentials Heaters are being recalled because the heaters can malfunction, resulting in overheating, smoking, burning, melting and fire.

The heaters are grey with a metal handle on the top with vents and grey control knobs on the front. The model number is 1013 and can be found on a label on the lower left corner of the back panel of the heater.

Wal-Mart has received 21 reports of the heaters malfunctioning.  The units were sold at Walmart stores nationwide from December 2001 through October 2009 for about $18. Consumers should immediately stop using the recalled heater and return the product to any Walmart store for a full refund.

If you own a car, you know how important maintenance is, but depending on where you get it done, it can be very expensive.  Sometimes an independent auto shop is a better deal than taking it back to the dealership, but does that void your warranty?  The Federal Trade Commission (FTC), the nation's consumer protection agency, says no.

On January 11th the FTC ruled it's illegal for a dealer to deny your warranty coverage simply because you had routine maintenance or repairs performed by someone else. Now if your mechanic somehow damages the car, your warranty won't pay for that repair.   Even in that case, the manufacturer or dealer must be able to demonstrate that it was the mechanic's actions, rather than some other defect, that damaged your car.

The same holds true for aftermarket parts. Using a part made by a company other than the vehicle manufacturer or the original equipment manufacturer does not void your warranty. However, again, if that part turns out to somehow damage your car, the manufacturer or dealer has the right to deny coverage for that part and charge you for any repairs.

TALLAHASSEE, Fla. (AP) -- Two legal groups have sued Florida's labor agency for failing to raise the minimum wage by 6 cents per hour this year to keep up with inflation.

The lawsuit filed Monday, January 10th, on behalf of minimum wage workers claims the Agency for Workforce Innovation violated the Florida Constitution by not raising the state minimum wage to $7.31 on Jan. 1.

Instead, the agency kept Florida under the federal minimum wage of $7.25 an hour.

The lawsuit was filed in state Circuit Court in Tallahassee by the National Employment Law Project and Florida Legal Services.

It noted seven states with similar laws did increase their minimum wages.

The Federal Deposit Insurance Corporation (FDIC) is warning south Georgia residents to be on the lookout for counterfeit checks.  The checks bear the name: South Georgia Banking Company, Omega, Georgia.

The counterfeit items display the routing number 061211870, which is assigned to South Georgia Banking Company. The items look like the real thing, but the counterfeit items are green. Authentic cashier's checks are blue.

If you have questions about whether a South Georgia Banking Company check is real contact:

Diana Owen
Bookkeeper
South Georgia Banking Company
725 West 2nd Street
Tifton, Georgia 31794
Telephone: (229) 382-4211, Extension 1112
Fax: (229) 382-2828
E-mail: dowen@sgbconline.com

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