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By John McNally, founding partner of Hausmann-McNally, S.C.

Wisconsin and Illinois state laws require carbon monoxide detection devices in every home. A few years ago, I would have said this is just another unnecessary, bureaucratic rule. But then, something happened.

In fall of 2000, around 4:45 a.m., my eight-year-old son Jack, came to our bedroom saying he had a headache and felt sick. My wife Susan and I took him into bed with us and went back to sleep. A few minutes later, daughter Carolyn came to our room saying she had a blistering headache. I gave her a drink of water and tucked her back into her bed. When I came back to our bedroom, Susan sat up in bed and said, “it is carbon monoxide!” This was the farthest thing from my mind as our home was, we believed, in good repair.

I went to the lower level where our daughter Laura was sleeping and woke her up. I noticed that our dog Max seemed to be sleeping. When I touched him, he just fell over.
Clearly, we had to get everyone out. Susan called the fire department and politely noted this was not an emergency, but that there was carbon monoxide in our home. I began opening up our windows and front door to bring fresh air into the house.

Minutes later, a whole army of fire fighters and emergency vehicles appeared. They gave everyone in the family oxygen, including the dog who luckily lived with us many more years.
After everyone got out and after the house had been aired out for five minutes or more, the firemen checked the air quality and noted the air in the house contained FOUR TIMES THE LETHAL LIMIT of carbon monoxide. We were told all five of us were 45 minutes away from being dead.

Carbon monoxide (CO) is the leading cause of accidental poisoning deaths in America. According to the Centers for Disease Control and Prevention, CO poisoning causes more than 400 deaths and 20,000 hospital visits in the U.S. annually. It is often called the “silent killer.”

How easy it would have been to sleep on, to succumb to the poison gas which is odorless, colorless and non-irritating. Carbon monoxide is a by-product of fossil-fuel combustion. An auxiliary heater in our home had gotten plugged up with leaves. Because there was no ventilation, the heat built up and burned out the insides of the heater, causing massive amounts of CO to escape into our home.

The McNally family—minus the two daughters who were safe at the University of Wisconsin in Madison– spent the greater part of the next day at St. Luke’s Hospital, having their blood levels checked for CO. The levels were a tiny fraction below the CO level that would have indicated the need for treatment in a hypobaric chamber.

The result of this experience is the genuine gratitude I have for the fortunate circumstances that alerted us to the danger. As a result, we now have a carbon monoxide monitor hard-wired into our home. It is now state law in Wisconsin and Illinois and in a growing number of municipalities. CO alarms can be purchased rather inexpensively at hardware stores and big box stores like Home Depot and Loews. You can also have them hard-wired to connect with the fire department and/or a monitoring station that will respond if you do not answer their call. Based on what we experienced, we feel it is a good investment.

You don’t forget incidents like this.

Luckily, our story had a happy ending. That is not the case for everyone. CO detectors mandated by the state of Wisconsin, Illinois and many other states and municipalities are low-cost insurance that could save you and your family from a tragic ending.

Facts about Carbon Monoxide:

• The Milwaukee Fire Department responded to 164 confirmed incidents of elevated levels of carbon monoxide in 2010, according to department data.
• In 2009, the latest year for which such statistics are available, hospital emergency rooms in Wisconsin treated 480 patients for CO poisoning, according to the state health department.
• According to data from by the U.S. Consumer Product Safety Commission released in September 2009, between 2004 and 2006, carbon monoxide poisoning deaths in the United States resulting from heating systems and gas water heaters averaged 54 a year.

Laws governing the installation of Carbon monoxide alarms include:

• Wisconsin requires that the owner of a residential dwelling install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. Prohibits tampering with these detectors.
• Illinois requires that every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.

Landlords have an obligation to keep their rental properties in a safe condition, including installing smoke and carbon monoxide alarms in the appropriate areas. Tenants should make sure these are installed in the dwellings and that they are in working order. If not, the tenant should notify the landlord in writing about the problem and expect that it be fixed in about five working days.

If you have been made ill by carbon monoxide in your rental property, please call our office so we can determine if you have a lawsuit relating to carbon monoxide poisoning. Call our offices at 800-227-6699 to discuss the carbon monoxide issue with one of our representatives. There is no cost or obligation for this visit.

Cell phone, texting update: Wisconsin’s ban on text messaging takes effect Wednesday, Dec. 1. Wisconsin was the 25th state to outlaw texting while behind the wheel.

Current prohibitions:
Text messaging outlawed for all drivers. Fines from $20 to $400 with a possible 4 points against the driver’s license.
The state outlaws distracted driving, or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173 and 4 points.

Distracted driving notes:
Wisconsin’s new ban on text messaging while driving specifically prohibits the writing and transmitting of messages while the vehicle is in motion. It does not outlaw the reading of text messages or use of the Internet. Police say they’ll fall back on the inattentive driving law if other activities on handheld electronic devices lead to unsafe behaviors.

State officials say 18 percent of Wisconsin’s vehicle crashes in 2009 were caused by distracted drivers. 

2010 legislation:
Wisconsin Assembly Bill 496: Would outlaw text messaging while driving. Fines from $20 to $400 (formerly $100-$800). The Assembly Transportation Committee voted 12-0 to approve the bill on Nov. 10, 2009. Approved by the full Assembly on Jan. 19, 2010, and sent to Senate, which amended and signed off on the bill April 13. Final approval came in the Assembly on May 4 and AB 496 was sent to the governor, who signed the legislation May 5. (Barca)
Wisconsin Senate Bill 103: Would prohibit use of text messaging devices while driving on state roads and highways. Approved by the state Senate in a 27-5 bipartisan vote on Oct. 20, 2009. The Assembly approved its version, AB 496, above, on Jan. 19. (Lasee)
AB 341: Would prohibit any under age 18 who is driving under an instruction permit or probationary license from using a cell phone of any kind, or other wireless telecommunications devices if they are not installed in the vehicle. Last seen in Assembly Rules Committee. (Pasch)
SB 91: Would ban school bus drivers from using cell phones or other wireless communications devices while transporting students. Approved by the Senate Transportation Committee in a unanimous vote on Sept. 16, 2009, and sent to the Rules Committee. (Carpenter)
SB 355: Seeks to outlaw text messaging while driving. Sent to Senate Transportation Committee on Oct. 16, 2009. (Lehman) 2010 legislation notes:
Rep. Peter Barca, D-Kenosha, saw his anti-text messaging legislation AB 496 approved by the full Assembly in an 89-6 vote on Jan. 19. The Senate passed its version, SB 103, in October. Fines and penalties are the only differences of note between the two bills.

“We don’t foresee a problem with the Barca bill,” a spokeswoman for state Sen. Russ Decker, D-Weston, told the Wisconsin State Journal in a story on the text messaging bill passage.

Assembly Majority Leader Tom Nelson, D-Kaukauna, made it a priority to schedule a vote on the text messaging bill AB 496 when the 2010 session began.
The Wisconsin teen-driving bill, AB 341, would bring fines of up to $40 for a first offense and up to $100 for subsequent violations in the same year. Sponsor Rep. Sandy Pasch, D-Whitefish Bay, is not in favor of expanding the bill to include all drivers. “Many people are still reluctant to give up their cell phones, despite the evidence.” The bill received an Assembly committee hearing on Sept. 10, 2009.

The text messaging bill SB 103 would bring fines of between $100 and $400 for first offenses; between $200 and $400 for subsequent offenses; and between $300 and $2,000 for causing bodily harm while texting. 30-day jail terms could apply for injury accidents. State Sen. Alan Lasee, R-De Pere, is the sponsor. The bill was approved by the transportation committee on July 17, 2009. Lasee agreed to change the bill to include just drivers under 18, but Republicans pushed for the plan to cover all drivers before passage on Oct. 20. The text messaging ban was sent to the Assembly and approved by its Transportation Committee.

A similar bill on driving while text messaging — SB 355 — passed the Senate but ultimately failed last year. “It does not take a rocket scientist to come to the conclusion that text messaging is one of the most dangerous things that one can do while driving,” Lasee has said. “This is no different than writing out Christmas cards to your family while driving down the road, and it is an accident waiting to happen.”
The city of Black Rock is considering a ban on cell phone use for all drivers.

State Rep. Jerry Petrowski, R-Marathon, has three times proposed bans on teenage drivers using cell phones and text-messaging devices.
Here’s a scary one: Two teenage girls in the Town of Rietbrock were both cited for driving while drinking and text messaging. They crashed their car and it rolled over. Apparently the passenger was steering while the driver text messaged.

Regional ordinances
Waupaca County has banned handheld cell phone use by drivers and text messaging, but the sheriff has refused to enforce the mobile phone ordinance. “I think the right way to go about it is statewide,” Sheriff Brad Hardel said. “I would prefer to use it as a warning and educational device at this point.”

The city of Kenosha has banned text messaging while driving. The ordinance was approved in November 2008.

So far in 2010, 16 deaths were caused by dogs in the U.S. Eleven of the victims were little children. Fourteen of the deaths were caused by “family dogs.” Pit bulls and Rottweilers were responsible for 15 of the 16 deaths.

It was one of the worst dog-bite injuries he’s seen, said Hausmann-McNally Attorney Patrick O’Neill. The two-year-old boy’s face was torn, his skull fractured. The boy had been bitten by a dog– his grandparents’ Pit Bull. While he was recuperating, he contracted a staph infection in the hospital.  O’Neill represented the boy’s family in a case to obtain compensation for his injuries and losses. On August 20, 2010, the Milwaukee County Circuit court approved a settlement for the family of over $300,000, the maximum coverage of the homeowner’s policy that covered the incident.

Attorney Patrick O’Neill has handled over 50 dog-bite cases for clients during his career as a personal injury attorney. He has achieved settlement amounts from $7,500 to $305,000.

While, in O’Neill’s opinion, the amount is not sufficient to cover the life-long consequences of the boy’s injuries, he is satisfied that Hausmann-McNally was able to obtain maximum compensation for the child as the grandparents had little money or property to draw on.

After the experience of this case and others he has brought to trial, O’Neill said he cannot understand why people insist on keeping unsafe animals. “If they knew the law and its consequences, they would pay more attention to the selection, training and restraining of their animals.”

Dog owners need to be aware that their pet could get them into big trouble if they bite someone.  In Wisconsin, for example, the owner is strictly liable for the full amount of damages caused by the dog, subject to the defense of comparative negligence. However, Wisconsin law also recognizes that children under the age of seven are incapable of being guilty of negligence. For those children, the fact that the dog may have been teased or provoked is not a defense.

Wisconsin law states that if the owner knew that the animal had attacked or injured a person or property in a previous incident, then the owner is liable for two times the full damages. What many people do not know, O’Neill points out, is that even if the dog injures another dog in a fight, the owner could be liahle for double damages on subsequent incidents, if he or she had been notified. Further, the law provides statutory penalties up to $500 if the owner had no prior notice of the dog causing previous injury and up to $1,000 if the owner had notice.

Patrick O’Neill likes dogs, but has seen the serious injuries they can cause. Dog owners need to be vigilant in order to avoide the damage they can inflict, especially to children. Families need to know that sometimes the family pet can do serious harm.

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The Center for Disease Control and Prevention offers some useful recommendations for would-be pet owners.

(http://www.cdc.gov/homeandrecreationalsafety/dog-bites/biteprevention.html),

How Can Dog Bites Be Prevented

Before you bring a dog into your household:

• Consult with a professional (veterinarian, animal behaviorist or responsible breeder) to learn what breeds of dogs are the best fit for your household.
• Dogs with histories of aggression are not suitable for households with children.
• Be sensitive to clues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
• Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a house hold with an infant or toddler.

If you decide to bring a dog into your home:

• Spay/neuter your dog (this often reduces aggressive tendencies).
• Never leave infants or young children alone with a dog.
• Don’t play aggressive games with your dog (e.g. wrestling).
• Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g. rolling over to expose the abdomen and giving up food without growling).
• ŸImmediately seek professional advice (e.g. from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

In a box

Dog-bite facts from the Center for Disease Control and Prevention

• 4.5 million people are bitten by dogs each year.
• Almost one in five of those who are bitten–a total of 885,000–require medical attention for dog bite-related injuries.
• ŸIn 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

When a dog bites someone, it can cause serious injury. Tearing of flesh, broken bones, infection, disfigurement can result. Often the injured party sues the dog owner to help recover from the loss and injuries incurred. In many cases, homeowners’ insurance is called upon to compensate victims for injuries inflicted at people’s homes. Uninsured dog owners may have to pay hundreds of thousands of dollars out of their own pockets and may lose their homes and other property as a result of court judgments.

Dog bite cases call for an attorney who has in-depth knowledge of your state’s laws. If you were injured by a dog, you need an attorney who knows the laws and who will investigate all avenues of recovery so that you receive maximum compensation for your injuries.

Call Hausmann-McNally, S.C., 800-227-6699.