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The Bystander Effect of Workplace Bullying

We like to think that we leave bullying behind when we leave high school, but the reality is that most of us probably know someone who has been the victim of workplace harassment. As many as 70 percent of women and 45 percent of men have been victims of sexual harassment at some point in their careers. And surveys suggest that nearly 40 percent of all workers have experienced workplace bullying.

How Common is the Bystander Effect?

Only 12 percent of workers report seeing workplace bullying. This means that bullying in the workplace is underreported. In other words, many workers likely see bullying, but they don’t recognize it as a problem. For example, if an employee sees their supervisor demeaning another’s work, they might think, “Oh, he is just teasing her.” This is a problem.

It also is an instance of the “bystander effect,” a term used in social psychology that refers to observers who stand idly by when a person needs help. The more observers there are, the less likely they are to help, because of something known as “diffusion of responsibility.” (i.e., someone else will take care of it.)

Experts say that the vast majority of workplace bullies are bosses. Managers and supervisors are much more likely to verbally, even sexually, abuse their employees than a coworker. Bullies crave power and control, and often struggle with emotional instability.

Workplace bullies may choose their victims based on confidence or achievements outside of the workplace. At their cores, most bullies are insecure about their own performance and are threatened by independence.

According to the Workplace Bullying Institute, the targets of office bullies are most likely to be the employees who are the most competent, experienced, and popular with their coworkers. The majority of bullies, almost 70%, are men. Male bullies target women much more often (57% of the time) than other men. Female bullies target women about 70% of the time and rarely bully men.

The biggest problem with workplace bullying is often that coworkers know it exists, but do nothing to stop it. If this seems outrageous, consider this: What did you do the last time you passed by a car accident? Did you pull over and make sure everyone was OK? Or did you glance over and continue on with your day, thankful it wasn’t you? Usually, we’ll ignore it and assume the authorities are on the way, especially if helping poses a threat to our own safety.

This is the bystander effect in action. People who know about workplace bullying are often sympathetic and kind. They may offer support and listen to the victim. But they won’t go out of their way to end the harassment, because they fear for their own job security.

How Can We Stop the Bystander Effect?

The bystander effect is a part of human nature. But that doesn’t mean we can’t do something about it. The first step in addressing the problem is acknowledging its existence. If you notice someone being harassed at work, don’t disregard it as teasing or “the price of admission.” Approach them, and ask them if they need help.

Businesses must also work to adopt anti-bullying policies. Policies to address bullying are rare. While most workplaces have policies that address specific types of abuse (such as sexual harassment), a blanket policy covering threats or intimidation is not as common. Bystanders need to feel empowered to take action with the human resources department if they observe bullying in the workplace.

Having a uniform anti-bullying policy will help employees feel less intimidated about reporting. Workplaces can rid themselves of bullies if employees don’t fear retaliation from management. This will help companies retain their best and most experienced employees.

Common Medications That Can Impair Driving

Driving may seem like second nature, but it’s a complex skill that requires quick judgement, reaction time, and motor skills. Unfortunately, there are several over-the-counter and prescription drugs that may affect a driver’s ability to navigate the road effectively. Here are some of the most common medications that impair driving:

Antihistamines

Itchy, watery eyes, and runny noses are unpleasant, which is why many Americans find relief in antihistamines during allergy season. These pills can have negative side effects. Certain classes of antihistamine – called diphenhydramine (Benadryl) – can lead to brain fog, confusion, and drowsiness. Operating a vehicle while taking this medication is nothing to sneeze at – in fact, it may lead to a traffic ticket or accident.

Nyquil and Cold Medicine

The common cold may not have a cure, but some over-the-counter medicines can temporarily alleviate symptoms. But cold medicines that contain alcohol – Nyquil is a common example – can cause drowsiness and affect your ability to drive. Save these medications for nighttime, and always use them as intended.

Cough medicines that contain a substance called dextromethorphan also cause drowsiness. Medication containing this compound is often marked “DM,” so read each label carefully.

Pain Medication and Prescription Pills

Some prescription pain pills, such as narcotics, can affect your ability to drive safely. To see if one of your prescription medications affect your ability to operate a vehicle, read the label or talk to a pharmacist or physician.

Prescription medications that impair driving include:

  • Tranquilizers
  • Some antidepressants
  • Decongestants
  • Sleep aids
  • Muscle relaxers
  • Diarrhea medications
  • Some ADD/ADHD medications

This isn’t an exhaustive list. If you’re unsure of a medication’s side effects, talk to your doctor.

What Can I Do About My Medications?

It’s important to realize that most people can drive safely while taking common medications. There are a few, like the ones outlined above, that can increase your risk of impairment. In some cases, you might not even be aware of the negative effects. If you notice drowsiness or “brain fog” as a side effect of any medication, take the following prevention steps:

  • Have an honest conversation with your doctor. When you receive a prescription a new drug, ask about its side effects. Since some medications have a synergistic effect, remember to bring a list of medications with you to every doctor’s appointment – including those you take over the counter.
  • Ask your health care provider if it’s ok to drive. Medications affect everyone in different ways, especially in the beginning. If you notice an effect on your alertness, your doctor may be able to adjust the dose or change it to a medicine that doesn’t cause drowsiness.
  • Monitor your symptoms. Learn how your body reacts to your medicine, and keep track of how each make you feel. If you notice symptoms such as drowsiness, weakness, or blurry vision, call your doctor or pharmacist.

Know the Signs

Each medication has different side effects, and drowsiness is one of the most common. Even if a medicine doesn’t list drowsiness as a known side effect, it may affect you differently. According to one clinical pharmacist, a medication’s drowsy effect can manifest within an hour of taking it, and some drugs last for up to eight hours. That’s why it’s important to keep track of which medicines affect you.

If medications play a role in a car accident, it may affect your insurance rates – or worse, make you privy to a lawsuit. If you have any questions or concerns, talk to your health care provider.

The Silent Effect of Workplace Bullying: PTSD

We often associate bullying with playground harassment and mean-spirited teens. But even adults are prone to bullying. Harassment in the workplace can take a physical, mental, and emotional toll on the victim. In fact, intense workplace bullying over a long period of time can even lead to a serious condition known as post-traumatic stress disorder (PTSD).

What Is PTSD?

PTSD is often associated with military veterans, but anyone who experiences trauma can suffer from PTSD. Symptoms of PTSD include:

  • Nightmares
  • Insomnia
  • Trouble sleeping
  • Erratic mood swings
  • Angry outbursts
  • Feelings of dread
  • Negative changes in feelings or beliefs
  • Lack of pleasure in daily activities

What Is Workplace Bullying?

Workplace bullying comes in many forms, but experts agree that the most common type is verbal. Types of verbal abuse may include insulting, ridiculing, making mean jokes, or being offensive in general. It’s also possible for workplace harassment to be physical: shoving, pushing, or assaulting. In some cases, workplace abuse is situational, such as when a coworker or boss deliberately sabotages your efforts for the purpose of humiliation (or to create grounds for demotion or firing).

Sexual harassment at work is another growing concern. According to a study from the University of Maine, as many as 70 percent of women have experienced sexual harassment in the workplace. Men are not immune, with 45 percent reporting sexual harassment at some point in their careers.

Several studies have established a link between sexual harassment and PTSD. Victims of sexual harassment may relive the experience over and over, and avoid “triggers” that remind them of the incident. In terms of the workplace, a victim of PTSD may dread coming to work every day and facing their abuser.

Effects of Workplace Bullying

No matter which tactic the bully uses, the end result will be the same. Victims will have to return to a toxic workplace each day, which will have a negative effect on their emotional state and their sense of self-worth.

Why does workplace bullying exist? Experts point to the presence of one or all of the following major components:

  • A dysfunctional system. The entire structure of the workplace may be unhealthy. The kinds of workplaces that encourage bullying generally lack communication, don’t have a good decision making system, and lack accountability.
  • A bad leader. Bad leaders are not only incompetent at leading employees, but they are also manipulative, narcissistic, and steal credit from others.
  • Dysfunctional colleagues. Bosses aren’t the only ones capable of abuse. Toxic employees may have chronic problems with anger management, drug and alcohol abuse, may have difficulty holding down a job, or may frequently lie. Often, employees who bully others are experts in playing the “blame” game, creating conflicts between other people and dodging responsibility to create a protective smoke screen for themselves.

What Can Victims Do to Protect Themselves?

Employees often feel trapped in abusive work environments. They believe that if they report the abuser, they risk getting fired and will have difficulty finding another job. That increases the pressure they feel to keep the job and maintain their income. This is one reason why being a victim of workplace bullying can be so traumatic – victims might feel trapped in a cycle of abuse, which only makes emotional side effects worse.

You don’t have to continue in a toxic work environment. You have options if you or someone you love is being abused at work. Sometimes, getting the law involved is the best way to stop the cycle of abuse. No one should have to endure abuse just to keep a paycheck. If you have questions about your legal options, speak to an attorney.

Pursuing compensation after an amusement park ride accident

With summer still going strong, Californians in the Bay Area are enjoying the many traditions associated with the season. That includes going to Disneyland, Six Flags and many other amusement parks across the state.

As recent history shows, improbable personal injuries can occur at amusement parks (like the measles outbreak at Disneyland earlier this year). But what about accidents and injuries related to dangerous/defective rides? Sadly, such incidents are not as rare or improbable as we would like to believe.

According to news sources, an accident at an amusement park in Kentucky injured at least 12 people late last month, including children. A children’s swing ride called the “Jitterbug” reportedly tipped over onto its side while in use.

About a dozen of the injured riders were treated at a local hospital. Thankfully, it seems as though most injuries were non-serious. This could have been due to the small size of the ride, however.

According to a park official, the Jitterbug has enjoyed a 15-year accident-free history and was inspected annually. It is still unclear what caused the ride to tip over.

In the grand scheme of things, this amusement park accident was minor and relatively inconsequential. That’s not to say that it was no big deal. Instead, it is a reminder that amusement park accidents can be – and often are – much more serious. Some are even fatal.

If you or a loved one has been seriously injured by a defective amusement park ride or some other unsafe condition on private property, you may be entitled to compensation in a premises liability lawsuit. If you want to better understand your rights and options, please share your story with an experienced Oakland personal injury attorney.

Texting and driving still common, despite law, risk and shocking statistics

When drivers text, their eyes are taken off the road for an average of five seconds. If the vehicle is travelling at 55 miles per hour, it can cover 100 yards, the length of a football field, in that time.

A lot can happen in 100 yards — sudden changes in road conditions, vehicles stopping ahead, a pedestrian crossing the street. Essentially, texting blindfolds a driver for those five seconds, and the reality is that most car accidents happen with fewer than three seconds for the driver to react.

California law bans use of handheld devices and texting for all drivers, but that doesn’t stop many people from talking on their cell phones and texting while behind the wheel. This is very dangerous behavior. In fact, studies have shown that texting while driving can pose as serious a risk as drunk driving.

According to Distraction.gov, 3,154 people lost their lives in accidents involving distracted driving in 2013, and distracted driving resulted in injuries to 424,000 people that same year. It is also estimated that engaging in visual-manual activities associated with use of handheld devices triples the risk of an auto accident.

A survey conducted by the California Office of Traffic Safety further illustrates how unfortunately widespread and dangerous distracted driving is: 45 percent of California drivers who participated in the survey said they had made a driving mistake while using their cellphones.

If you have been injured by a distracted driver, then you may be entitled to compensation for your injury. To learn more, please see Winer, McKenna & Burritt’s overview of distracted driving accidents.

Can a victim’s family seek compensation from a drunk driver?

According to the Centers for Disease Control, 30 people die every day in the United States in drunk-driving accidents, which equates to one death every 51 minutes. To say that drunk driving is a problem in our country would be an understatement because it's something that oftentimes leaves families and loved ones grieving and in search of justice.

Because of the pain and loss that often accompanies fatal drunk-driving accidents, some of our Oakland readers may be wondering whether a victim's family can seek compensation from an intoxicated driver. The answer is yes, but there are a few stipulations that need to be considered first. Let's take a look.

The first stipulation is that the person asserting a wrongful death claim must be a dependant of the deceased. This includes spouses or domestic partners and children. The next stipulation is that the claim must be filed within two years of the victim's death. If a wrongful death claim is filed after this timeframe has expired, compensation may not be sought.

The third stipulation involves the compensation that may be sought by the plaintiff. According to California law, a plaintiff may seek compensatory damages, which include actual costs associated with the victim's death such as medical bills, funeral and burial costs as well as expected lost income. Punitive damages may also be sought, not including pain, suffering or disfigurement. (Cal. Civ. Code § 377.34)

Because wrongful death lawsuits can only be filed by certain loved ones, within a certain period of time and for specific damages, a victim's family may want to speak to a skilled personal injury attorney about making a claim. With an attorney's help, family members can make an informed decision about whether or not to seek compensation from an intoxicated driver here in California.

Sources: California Civil Code, "Section 377.60," Accessed Sept. 23, 2015

California Civil Code, "Section 377.34," Accessed Sept. 23, 2015

Courts.ca.gov, "Statute of Limitations," Accessed Sept. 23, 2015

The Centers for Disease Control, "Impaired Driving: Get the Facts," Accessed Sept. 23, 2015

Celebrity sues Benihana for burn injuries suffered in restaurant

In the world of restaurant dining, one type of experience is theatrical as well as delicious. Japanese restaurants featuring hibachi grills (also called teppanyaki grills) are very popular in large cities across California and throughout the United States. The trained chefs manning the grills often perform tricks, including interesting stacking of food ingredients and flipping pieces of food toward the guests seated around each station.

But even though hibachi restaurants often serve delicious food along with fun, having open grills near dining patrons can be dangerous. Recently, the best-known hibachi restaurant chain, Benihana, was sued by actress Tori Spelling, who was burned earlier this year on a trip to the Encino location.

According to news sources, Spelling and her family were dining at a Benihana on Easter weekend. When getting up to leave, Spelling reportedly slipped and fell onto one of the grills. In doing so, she suffered “deep second- and third-degree burn injuries requiring hospitalization and surgery.”

Other news reports say that her injuries were severe enough to require skin grafts and that she now has a “large red scar.”

In her premises liability and negligence lawsuit, Tori Spelling is seeking more than $25,000 in compensatory damages. With burns so severe, her medical bills could have easily totaled more than that amount. It will be interesting to see if the case goes to trial, and whether it result in safety features being added around hibachi grills in restaurants.

premises liability cases can be tricky, but it seems safe to assume that Ms. Spelling is not the only person who has suffered burn injuries in a hibachi restaurant. If this type of injury is fairly commonplace, hopefully this high-profile lawsuit will lead to reasonable safety upgrades.

How well do you know your car’s safety features?

We often write about the ways in which technology is changing the driving experience – for better and worse. On one hand, drivers who text and use handheld electronic devices put themselves and others at risk of a serious accident. On the other hand, automobile safety technology is constantly improving, allowing the car itself to detect danger and sometimes compensate for human error.

Of course, great safety technology may only be helpful if it is put to use. And according to the results of a recent survey, a significant number of Americans have never heard of certain safety features that may already be in their vehicles.

In a survey of more than 2,000 people, the vast majority of respondents were aware of cruise control and anti-lock brakes. Both features have been standard for decades. But what do you know about adaptive cruise control – the feature that allows a vehicle to maintain a set distance from the car in front of it? If you are just hearing about it for the first time, you're not alone. Approximately 65 percent of the survey participants admitted that they didn't know what it was.

Other safety features are a bit more recognizable, or at least have self-explanatory names. Features like lane-departure warnings, blind-spot monitoring and back-up cameras were more recognizable, but many drivers may still not know if such features are included in their vehicles.

Hopefully, you have taken the time to do some research in order to better understand what features your car has to offer. If you haven't, feel free to check out websites like MyCarDoesWhat.org.

Expectation of Safety in Premises Liability Cases

If there is one rule to live by with premises liability, it is the notion that if you enter someone else’s property, you have a reasonable expectation to safety. Now, there are circumstances where this doesn’t hold up, and thus it isn’t exactly a “rule.” For example, if you are trespassing on someone’s else’s property, then you don’t have the expectation to safety.

Still, this is an important notion, and lingers over all premises liability cases. If the property owner or person responsible for a premises did not do everything in his or her power to foster a safe environment, and if they failed to address issues in a timely and proper manner, then they can be held liable for any injuries or accidents that involve that issue.

The status of the victim is important, though. As we mentioned, a trespasser essentially waives his or her right to an expectation of safety on a premises. But two other types of people — the “invitee” and the “licensee” — do have this reasonable expectation to safety. These are people who are on the premises by consent of the owner or because they invited onto the property by a person or organization (i.e. a business).

Even when you have this expectation of safety, though, you actions matter. If you were acting in a reckless or irresponsible manner near the dangerous condition on the premises — or even if you were acting that way in the absence of any dangerous condition — then you may not have a case.

Source: FindLaw, “Premises Liability: Who Is Responsible?,” Accessed Sept. 29, 2015

Bar faces steep fines after customer injured by liquid nitrogen

As you might imagine, there are many liability issues with owning a bar. People often make bad decisions while intoxicated, which can lead to destruction of property or assault by customers. The loud atmosphere and poor lighting in many bars can also increase the risk of personal injury.

Moreover, bars have to be careful not to over-serve obviously intoxicated patrons. If they do, they could be held liable for what happens to those patrons (and others) when they leave the bar. And as one recent news story shows, even the decorative garnishes in some drinks can be a serious health hazard.

In 2012, a woman was celebrating her 18th birthday at a bar in Great Britain (where the drinking age is lower than in the United States). Because it was her birthday, the bartender gave her a free drink, which appeared to be giving off steam or smoke because it contained liquid nitrogen. This cocktail trick isn't new, but it does require some extra precautions.

Liquid nitrogen evaporates pretty quickly, and customers are typically warned to avoid drinking their cocktail until it does. But in this case, the bartender allegedly told the young woman to "drink it while it's still smoking." She followed those directions, and could tell immediately that something was wrong.

The woman said she felt an "explosion" in her stomach, followed by extreme pain. After being rushed to the hospital, she underwent emergency surgery to remove her stomach. She still suffers from chronic pain three years later.

Several small events and interactions that night could have gone slightly differently, ultimately changing the outcome. But perhaps the most glaring act of negligence was for the bar to include a cocktail ingredient which employees did not know how to use safely. Recently, the bar was fined the equivalent of about $156,000 after pleading guilty to a criminal charge related to the incident.

It is unclear if a separate civil lawsuit has been filed, will be filed or has already been settled. But after negligence on this scale, such a lawsuit would certainly seem appropriate.

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