Farah & Farah October 2014 Newsletter

Posted on October 9, 2014

Adult party host liable for the possession or use of alcohol by minors

An adult who hosts a house party and fails to keep a minor from possessing or consuming alcohol or drugs commits a second degree misdemeanor, punishable by a fine of up to $500.00 and 60 days in prison. Where harm comes to a minor or others due to a violation of Florida Statute 856.015 the offense then becomes a first degree misdemeanor, punishable by a fine up to $1,000.00 and one year in jail. The only defense for someone charged with violating this criminal statute is that the adult took “reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug”. This particular standard can be very difficult to meet. This Florida Statute 856.015 has also been used to impose the duty of care on social hosts and create a civil cause of action for a violation. This Florida Statute also referred to “open house parties law”, seeks to protect minor children who drink or are provided alcohol in a home where a person over the age of 18 knows that a minor is in possession of or is consuming alcohol and who failed to take reasonable steps to prevent consumption of alcohol by the minor. This law brings accountability to those hosting parties at their home who ignore their legal obligation to protect minors from the dangers of alcohol and drugs. Anyone who hosts a party at their home must be extra vigilant that no minor has access to any alcohol on the premises. I don’t think it will be good enough for someone to claim that they did not provide or offer the alcohol to the minor. The way this statute is construed, if the minor obtains the alcohol or makes themselves a drink, even when not offered by the adult social host, the social host is still responsible.

do not use new diabetes drug dapagliflozin (farxiga): risks outweigh benefits

This new diabetes drug was approved by the FDA on January 8, 2014 however according to the Public Citizen publication, Worst Pills, Best Pills News, patients should not use this drug because it poses serious risks including the possible risk of cancer which outweighs its modest benefits. Over the years I have always looked to this particular publication to obtain accurate information on a vast array of drugs approved by the FDA. In years past Public Citizen has warned consumers about various drugs that eventually were taken off the market or black boxed. In the past public citizen has warned against Vioxx which was eventually taken off the market. Vioxx was not the only drug that Public Citizen warned about long before it was taken off the market. According to recent studies Dapagliflozin has not been shown to offer any unique clinical benefits in comparison to several older diabetes drugs. Public Citizen recommends that you avoid taking this drug if you are not taking it currently and if you are taking the drug you should consult your physician about taking an equally effective and safer Type II diabetes drug. If you want to get the real scoop on any drug that you are taking or plan on taking, I suggest you go to www.worstpills.org for valuable information.

Source: Worst Pills, Best Pills News, September 2014

don’t use ionization smoke detectors

If you have an ionization smoke detector you have a potentially dangerous and hazardous condition in your home. This is because ionization smoke detectors are not adequate to protect a home involving a slow growth or slow smoldering fire. Tests have revealed that ionization smoke detectors don’t even detect smoke. Smoldering fires tend to put off larger and cooler particles that may not activate an ionization detector, even if the particles reach the detection chamber. These ionization detectors will work okay when someone opens an oven door or burns toast but smoldering or slow burning fires will not activate this detector. The right technology to have is the photoelectric design which does detect the presence of smoke in a smoldering fire. This technology is the most effective. According to some studies, the ionization detector may never sound in a slow burning or smoldering fire, or delay at least 30 minutes to an hour before it does activate.

Source: Beasley Allen Report, August 2014

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