I found a national Crime Scene Clean up company online that appeared to be legitimate last year. I paid over 1,200 dollars for supplies and Crime Scene Tech,"Certification."Once this was done I was called out to a home in Griffin, Ga. for a clean up a trailer. The job lasted about six hours. I made sure all the required paperwork was completed and sent to BIO TEC after the job. I never met anyone in person and spoke to several people on the phone. After the job I was told it could take up to two months to be paid. The agreement was $50 dollars an hour. My phone calls were repeatedly ignored after the two month mark.
I decided to call from a different phone number and someone answered. A female answered and refused to give an explanation for lack of payment and extended time frame. She was rude and made it clear I would not get paid. I realized at that point what I was dealing with. I also took pictures of a home in Douglas ville Ga. that had water damage and sent the pictures on disc to BIO TEC with my own money and received nothing for that as well. BIO TEC is parading around as a legitimate company that helps people in need and could be deceiving not only the customers but employees as well and must be investigated. It is my responsibility to at least stop them from taking advantage of customers whom are already dealing with traumatic situations.
Andrea of acworth, GA
Friday, September 17, 2010
Wednesday, July 28, 2010
Bio-Recovery: The R&R Interview
by Jeffrey Stouffer editor
July 19, 2010
A continually evolving and expanding segment of the remediation industry, bio-recovery – better known as “crime scene cleanup” or “trauma cleaning” – has made great strides since it first came into being as an organized segment of the business almost two decades ago. Recently, R&R spoke with Kent Berg, director of the National Institute of Decontamination Specialists and founder of the American Bio-Recovery Association, to get his take on where the industry stands today and where it’s headed in the future.
Restoration & Remediation: Briefly, what falls under the scope of work when people talk about “bio-recovery”?
Kent Berg: Bio-recovery is actually a term that was derived from the words BioHazard Cleanup and Scene Recovery. We chose that term because our industry’s scope of work is actually much broader than cleaning crime scenes. We are often thought of as the guys that will clean up anything that is nasty, repulsive, or gross, so people naturally call us to clean up human feces, animal feces, dead animals – usually rotten ones – and gross filth, as in rotting food, poor hygiene, and piles and piles of garbage. Then there’s the decomposed human body scenes, meth labs, the occasional disease outbreak, and anything else that would cause a normal person to stay a hundred feet away to keep from puking.
R&R: You’ve been part of the bio-recovery profession pretty much since before it became a profession. Since that time, what are some of the biggest changes you’ve seen, both positive and negative?
KB: When I first started, very few people in this business knew anything about cleaning and disinfecting. They just wanted to make the visible contamination go away. No one in the insurance industry had ever heard of a crime scene cleanup company, and many adjusters argued that our services were not covered. Today, the biggest changes have been in our profile. What I mean by that is the public, who had never heard of our services, now see us in TV shows, documentaries, movies, magazines, and newspaper articles. We have recognition now, and families are more aware that these services exist.
Another change has been in the performance of the cleanup itself. We as an industry are much more aware of the antimicrobials we are using, the techniques and knowledge related to home construction, vehicle dismantling, and being able to actually render a property safe on a microscopic level.
R&R: From a purely objective point of view, bio-recovery would seem to be about as “recession-proof” as any remediation specialty out there. There will always be accidents, suicides and other traumas that require a professional remediator. What are some of the pros and cons that come along with that?
KB: We know that our services will always be needed, but with a higher profile, we are seeing more and more companies starting up, and more and more fire/water restoration companies adding this service to their menus. Although the demand for our services is increasing, the individual companies’ call volumes aren’t growing as fast because there is more competition for that finite number of incidents.
The pros are that the public will have resources to respond if they need them, and that companies will have to step up their game in service quality and marketing. The cons are that the majority of these new companies are not attending training, not getting any type of certification beyond a half-day OSHA bloodborne pathogen course. It’s these companies that are dragging the good companies down when the public hears about a company throwing a bloody mattress in a dumpster, etc.
R&R: Since hindsight is 20/20, if there was one thing you would go back and change, as far as how you operated your business, what is it, and what would you do differently?
KB: I would have marketed harder. I assumed that people would need my service and seek me out. That was true for a while, but when competitors popped up with their marketing programs, the public chose who was freshest in their minds. It’s a hard lesson to learn, but one I will never forget.
R&R: Technologically speaking, what areas have seen the greatest advances? Chemicals? PPE? Containment?
KB: One of the advancements has been our recognition as a legitimate industry. Today, vendors of specialty restoration products are targeting our industry. Kimberly-Clark markets their suits with the “Recommended by the American Bio-Recovery Association” seal on them. Other products used in our industry have similar tie-ins with our trade association or at the very least mention in their advertising that their product is great for cleaning crime and trauma scenes. Even the insurance industry no longer recognizes us under their “janitorial service” heading, opting now for a “crime scene cleanup” designation for insurance coverage.
We are also seeing new technology in the form of new disinfectants, odor-remediation technology, and devices to actually measure how clean a surface really is. The National Organization for Victim Assistance is putting on a training program this fall for teaching all interested bio-recovery technicians how to better interact with victims and their families. Meanwhile, the National Institute of Occupational Safety and Health has sought out input so they may better understand our industry.
However, I believe the most important advancement for the industry has been the formation of training centers. Legitimate training programs help make sure that any technician who wants to be the best at their profession can attend a school that specializes in that field. By establishing a standard training and certification program, students graduate far ahead of their competitors and benefit from years of experience from seasoned industry professionals, scientists, chemists, and pathologists that helped to design the curriculum.
Jeffrey Stouffer editor
stoufferj@bnpmedia.com
Jeffrey Stouffer is editor of Restoration & Remediation magazine
July 19, 2010
A continually evolving and expanding segment of the remediation industry, bio-recovery – better known as “crime scene cleanup” or “trauma cleaning” – has made great strides since it first came into being as an organized segment of the business almost two decades ago. Recently, R&R spoke with Kent Berg, director of the National Institute of Decontamination Specialists and founder of the American Bio-Recovery Association, to get his take on where the industry stands today and where it’s headed in the future.
Restoration & Remediation: Briefly, what falls under the scope of work when people talk about “bio-recovery”?
Kent Berg: Bio-recovery is actually a term that was derived from the words BioHazard Cleanup and Scene Recovery. We chose that term because our industry’s scope of work is actually much broader than cleaning crime scenes. We are often thought of as the guys that will clean up anything that is nasty, repulsive, or gross, so people naturally call us to clean up human feces, animal feces, dead animals – usually rotten ones – and gross filth, as in rotting food, poor hygiene, and piles and piles of garbage. Then there’s the decomposed human body scenes, meth labs, the occasional disease outbreak, and anything else that would cause a normal person to stay a hundred feet away to keep from puking.
R&R: You’ve been part of the bio-recovery profession pretty much since before it became a profession. Since that time, what are some of the biggest changes you’ve seen, both positive and negative?
KB: When I first started, very few people in this business knew anything about cleaning and disinfecting. They just wanted to make the visible contamination go away. No one in the insurance industry had ever heard of a crime scene cleanup company, and many adjusters argued that our services were not covered. Today, the biggest changes have been in our profile. What I mean by that is the public, who had never heard of our services, now see us in TV shows, documentaries, movies, magazines, and newspaper articles. We have recognition now, and families are more aware that these services exist.
Another change has been in the performance of the cleanup itself. We as an industry are much more aware of the antimicrobials we are using, the techniques and knowledge related to home construction, vehicle dismantling, and being able to actually render a property safe on a microscopic level.
R&R: From a purely objective point of view, bio-recovery would seem to be about as “recession-proof” as any remediation specialty out there. There will always be accidents, suicides and other traumas that require a professional remediator. What are some of the pros and cons that come along with that?
KB: We know that our services will always be needed, but with a higher profile, we are seeing more and more companies starting up, and more and more fire/water restoration companies adding this service to their menus. Although the demand for our services is increasing, the individual companies’ call volumes aren’t growing as fast because there is more competition for that finite number of incidents.
The pros are that the public will have resources to respond if they need them, and that companies will have to step up their game in service quality and marketing. The cons are that the majority of these new companies are not attending training, not getting any type of certification beyond a half-day OSHA bloodborne pathogen course. It’s these companies that are dragging the good companies down when the public hears about a company throwing a bloody mattress in a dumpster, etc.
R&R: Since hindsight is 20/20, if there was one thing you would go back and change, as far as how you operated your business, what is it, and what would you do differently?
KB: I would have marketed harder. I assumed that people would need my service and seek me out. That was true for a while, but when competitors popped up with their marketing programs, the public chose who was freshest in their minds. It’s a hard lesson to learn, but one I will never forget.
R&R: Technologically speaking, what areas have seen the greatest advances? Chemicals? PPE? Containment?
KB: One of the advancements has been our recognition as a legitimate industry. Today, vendors of specialty restoration products are targeting our industry. Kimberly-Clark markets their suits with the “Recommended by the American Bio-Recovery Association” seal on them. Other products used in our industry have similar tie-ins with our trade association or at the very least mention in their advertising that their product is great for cleaning crime and trauma scenes. Even the insurance industry no longer recognizes us under their “janitorial service” heading, opting now for a “crime scene cleanup” designation for insurance coverage.
We are also seeing new technology in the form of new disinfectants, odor-remediation technology, and devices to actually measure how clean a surface really is. The National Organization for Victim Assistance is putting on a training program this fall for teaching all interested bio-recovery technicians how to better interact with victims and their families. Meanwhile, the National Institute of Occupational Safety and Health has sought out input so they may better understand our industry.
However, I believe the most important advancement for the industry has been the formation of training centers. Legitimate training programs help make sure that any technician who wants to be the best at their profession can attend a school that specializes in that field. By establishing a standard training and certification program, students graduate far ahead of their competitors and benefit from years of experience from seasoned industry professionals, scientists, chemists, and pathologists that helped to design the curriculum.
Jeffrey Stouffer editor
stoufferj@bnpmedia.com
Jeffrey Stouffer is editor of Restoration & Remediation magazine
Tuesday, March 16, 2010
An insight into crime scenes clean up services
Crime scene cleanup companies also clean unattended deaths, damaged environments due to tear gas, and other crime and distress scenes. The larger crime scenes that involve mass murder scenes, terrorist attacks and anthrax and other biochemical damage is also taken care by these companies. Crime Scene Cleanup services may also include bird and rodent infested areas. The cleaners in this case require special experience and equipment than a typical cleaning company’s experience and equipment.
Typically, crime scene cleanups start taking place only after the coroner’s office and other government bodies releases the “scene” back to the owner or some other responsible person concerned with it. The cleaning task can not begin till the police investigation is completely finished on the contaminated scene.
In most cases crime scene cleanup is a small business activity. Mostly, small cleaning services like carpet cleaning or water damage companies add services for Crime Scene Cleanup for diversifying their activities. The prominent and recognized organizations in this field of cleaning consist of the Institute of Inspection, Cleaning, and Restoration Certification (IICRC) and the American Bio-recovery Association (ABRA).
Earlier crime scene cleanup was a loathsome job but today it has become a lucrative business. Crime scene cleanup companies can charge anywhere between $100 to $600 per hour depending on the “level of trauma” and the quantity of hazardous material that the cleaners have to deal with and dispose of.
While a crime clean up service is ultimately a business like any other, advertising and marketing your services can be tricky. In a job that involves tragic death; most companies avoid mainstream methods of advertisement. Some choose the standard phone-book route while many others advertise on the side of their vans. Most of these companies largely depend on discreet options like passing out their business cards at service-industry gatherings, police stations and funeral homes.
An important requirement for success in this industry involves being considerate towards the sensitive nature of the work. There are certain crime scene clean-up companies that provide a grief counselor to the families at no cost while others offer discount to needy people. There are many countries where this type of service is funded by government or by religious organizations.
While some people call this emerging field a social trend of commercializing death, others call it plain capitalism. But for many others it still remains an essential service, a godsend. The fact is that whether you like it or loathe it but if you ever end up with blood and brains splashed all over your bedroom walls, you will definitely be relieved that there is someone you can call to clean it up.
Friday, March 12, 2010
Trauma Cleaning: Without Standards, The Pain Can Keep Coming
by Kent Berg
National Institute Decontamination Specialist
As an instructor in crime and trauma-scene recovery and a board member of the American Bio-Recovery Association, I am often approached by attorneys, the public and insurance adjusters to evaluate the service they or their clients received from other crime-scene cleanup companies.
For the most part, these are just routine questions from people who want to make sure that the service they received was within the normal parameters of good practice. But a few times each month I receive calls that just cause my stomach to knot up and my blood to boil.
With the bio-recovery industry in its 14th year, it is mind-boggling to find individuals who still decide that they are going to start-up a new company and declare themselves “experts” in crime and trauma scene cleanup without any research or training.
It is even more outrageous to find that, although they know almost nothing about the science, chemistry, biology or laws of our industry, they are charging fees that are often four or five times the industry average.
The majority of those operating in the industry today are honest, ethical professionals. It’s the few bad apples in the bio-recovery barrel, so to speak, that amplify the problems tainting our industry.
Example 1: The Hit-and-Run Guys
A husband argues with his wife in their kitchen. As she prepares supper, he grabs a shotgun and, standing in the doorway between the kitchen and dining room, blows his head off.
It is still daylight when the police arrive. In order to see better, they open the brain-splattered dining room drapes. Splatter is on the dining room and kitchen walls, but since the body fell onto the vinyl tile floor of the kitchen, the largest amount of blood pooled there.
The family asks the police about scene cleanup, and is directed to a local company. The company tells the family that payment will have to be made in cash prior to starting the job, and that the family will not be allowed inside of the house while the cleaning process takes place.
The family agrees and stays with relatives until they get the call that the job is complete and they can return. The company is long gone, and upon cursory inspection, the rooms look contaminant-free.
It is now night and, in an effort to keep neighbors from seeing into the dining room, the wife pulls the drapes closed. To the horror of the family, the drapes had apparently never been checked and still have blood and brain matter clinging to the material.
The kitchen floor appears to be clean but, when the wife walks across the floor, bright red blood spurts up between the tiles, making little puddles and polka-dotting her shoes.
If this isn’t enough to re-traumatize the family, the wife goes to remove the now-cold pot of chili from the stove and promptly throws up when she sees a 3-inch piece of her husband’s skull nestled neatly atop the pot.
The family contacted the attorney general for their state, who then called me to review the family’s statements prior to a decision on prosecution.
Example 2: The Little-Extra-on-the-Side Guys
A man who lived alone died in his bed of natural causes, but wasn’t found for several weeks. When the authorities were finally called, the decomposition could be smelled from the street.
When a crime-scene-cleanup company was called in, the man’s relatives were told that the odor had permeated everything in the house with disease. Their recommendation was that everything in the house should be removed and destroyed.
The family, already nauseated from the smell, relied on the “professional opinion” of the technicians and agreed to let them remove everything from the good silver and china to the appliances.
In short, every piece of furniture, appliance, electronic component and fixture was removed because they were declared “not salvageable.”
The relatives were then presented with a bill for approximately $40,000! If this wasn’t obscene enough, a few weeks later the family found many of the home’s contents that were supposedly “not salvageable” being sold at a local flea market.
Example 3: The Cutting-Down-on-Overhead Guys
It is standard practice for crime and trauma-scene cleanup companies to dispose of human-blood-contaminated items that can’t be salvaged. They do this by red-bagging and boxing these items and sending them to a medical waste processing facility. This includes dismantling recliners, mattresses, and other large items to fit in these containers.
In this case, a company responded to a gunshot suicide in an apartment. The victim had sat in his favorite recliner and put a pistol in his mouth. The subsequent wound bled profusely until there was no more blood for the heart to pump. This resulted in the complete saturation of the recliner.
In an apparent effort to save on labor and disposal fees, the crew decided that they would dispose of the recliner by wrapping it in plastic, putting it in the back of their truck and then dumping it in the woods of a neighboring county.
All seemed to go well until a few days later, when hunters found the chair and called police. Thinking that they had stumbled upon evidence of a homicide, the police launched a full-scale investigation that lasted for weeks and logged many detective hours before they were actually able to review the crime scene photos of every police department in the surrounding counties.
When the mystery was finally attributed to this particular crime-scene-cleanup company, not only were they slapped with fines for littering, they were saddled with reimbursing the cost of the investigation. Every law enforcement agency that heard about this dropped the company like a hot potato, and the subsequent media attention tarnished the reputation of crime-scene-cleanup companies everywhere.
I would like to emphasize the fact that these complaints are not clients disappointed with a poorly painted wall or an out-of-true vanity top. These are abuses by unscrupulous companies that are subjecting their clients to financial greed, improper disinfection, and re-traumatizing that no one should have to endure.
Could training and certification eliminate these types of abuse? Perhaps a good portion of them, but in the end, it is the honesty and character of the companies themselves that should be monitored. I believe the way to do that is to pursue standards, as well as meeting with our state legislators to create specific regulations for our industry.
National Institute Decontamination Specialist
As an instructor in crime and trauma-scene recovery and a board member of the American Bio-Recovery Association, I am often approached by attorneys, the public and insurance adjusters to evaluate the service they or their clients received from other crime-scene cleanup companies.
For the most part, these are just routine questions from people who want to make sure that the service they received was within the normal parameters of good practice. But a few times each month I receive calls that just cause my stomach to knot up and my blood to boil.
With the bio-recovery industry in its 14th year, it is mind-boggling to find individuals who still decide that they are going to start-up a new company and declare themselves “experts” in crime and trauma scene cleanup without any research or training.
It is even more outrageous to find that, although they know almost nothing about the science, chemistry, biology or laws of our industry, they are charging fees that are often four or five times the industry average.
The majority of those operating in the industry today are honest, ethical professionals. It’s the few bad apples in the bio-recovery barrel, so to speak, that amplify the problems tainting our industry.
Example 1: The Hit-and-Run Guys
A husband argues with his wife in their kitchen. As she prepares supper, he grabs a shotgun and, standing in the doorway between the kitchen and dining room, blows his head off.
It is still daylight when the police arrive. In order to see better, they open the brain-splattered dining room drapes. Splatter is on the dining room and kitchen walls, but since the body fell onto the vinyl tile floor of the kitchen, the largest amount of blood pooled there.
The family asks the police about scene cleanup, and is directed to a local company. The company tells the family that payment will have to be made in cash prior to starting the job, and that the family will not be allowed inside of the house while the cleaning process takes place.
The family agrees and stays with relatives until they get the call that the job is complete and they can return. The company is long gone, and upon cursory inspection, the rooms look contaminant-free.
It is now night and, in an effort to keep neighbors from seeing into the dining room, the wife pulls the drapes closed. To the horror of the family, the drapes had apparently never been checked and still have blood and brain matter clinging to the material.
The kitchen floor appears to be clean but, when the wife walks across the floor, bright red blood spurts up between the tiles, making little puddles and polka-dotting her shoes.
If this isn’t enough to re-traumatize the family, the wife goes to remove the now-cold pot of chili from the stove and promptly throws up when she sees a 3-inch piece of her husband’s skull nestled neatly atop the pot.
The family contacted the attorney general for their state, who then called me to review the family’s statements prior to a decision on prosecution.
Example 2: The Little-Extra-on-the-Side Guys
A man who lived alone died in his bed of natural causes, but wasn’t found for several weeks. When the authorities were finally called, the decomposition could be smelled from the street.
When a crime-scene-cleanup company was called in, the man’s relatives were told that the odor had permeated everything in the house with disease. Their recommendation was that everything in the house should be removed and destroyed.
The family, already nauseated from the smell, relied on the “professional opinion” of the technicians and agreed to let them remove everything from the good silver and china to the appliances.
In short, every piece of furniture, appliance, electronic component and fixture was removed because they were declared “not salvageable.”
The relatives were then presented with a bill for approximately $40,000! If this wasn’t obscene enough, a few weeks later the family found many of the home’s contents that were supposedly “not salvageable” being sold at a local flea market.
Example 3: The Cutting-Down-on-Overhead Guys
It is standard practice for crime and trauma-scene cleanup companies to dispose of human-blood-contaminated items that can’t be salvaged. They do this by red-bagging and boxing these items and sending them to a medical waste processing facility. This includes dismantling recliners, mattresses, and other large items to fit in these containers.
In this case, a company responded to a gunshot suicide in an apartment. The victim had sat in his favorite recliner and put a pistol in his mouth. The subsequent wound bled profusely until there was no more blood for the heart to pump. This resulted in the complete saturation of the recliner.
In an apparent effort to save on labor and disposal fees, the crew decided that they would dispose of the recliner by wrapping it in plastic, putting it in the back of their truck and then dumping it in the woods of a neighboring county.
All seemed to go well until a few days later, when hunters found the chair and called police. Thinking that they had stumbled upon evidence of a homicide, the police launched a full-scale investigation that lasted for weeks and logged many detective hours before they were actually able to review the crime scene photos of every police department in the surrounding counties.
When the mystery was finally attributed to this particular crime-scene-cleanup company, not only were they slapped with fines for littering, they were saddled with reimbursing the cost of the investigation. Every law enforcement agency that heard about this dropped the company like a hot potato, and the subsequent media attention tarnished the reputation of crime-scene-cleanup companies everywhere.
I would like to emphasize the fact that these complaints are not clients disappointed with a poorly painted wall or an out-of-true vanity top. These are abuses by unscrupulous companies that are subjecting their clients to financial greed, improper disinfection, and re-traumatizing that no one should have to endure.
Could training and certification eliminate these types of abuse? Perhaps a good portion of them, but in the end, it is the honesty and character of the companies themselves that should be monitored. I believe the way to do that is to pursue standards, as well as meeting with our state legislators to create specific regulations for our industry.
Wednesday, January 27, 2010
Appeals panel agrees that failure to read document doesn't null contract
KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.
"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.
The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.
Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.
On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.
Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.
The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.
"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.
"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.
Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.
The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.
"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.
The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.
Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.
On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.
Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.
The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.
"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.
"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.
Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.
The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.
Friday, January 15, 2010
Disaster and then Disease
By Elizabeth Batt
The International Federation of Red Cross and Red Crescent Societies, describes a natural disaster as a “sudden, calamitous event that seriously disrupts the functioning of a community or society and causes human, material, and economic or environmental losses that exceed the community’s or society’s ability to cope using its own resources.”
The earthquake in Haiti that occurred on January 12, 2010, caused death and destruction, the extent of which has yet to be realized. Sadly, Haiti’s problems might be only just beginning. Often following the initial aftermath of any natural disaster there follows a second wave of deaths, caused by disease.
Types of Disease Prevalent in the Aftermath of a Natural Disaster
When a natural disaster strikes to the extent that it did in Haiti, the infrastructure of a country is decimated. Fresh water supplies, sewage disposal and power is destroyed or severely interrupted. What remains is often contaminated, initiating a vicious cycle that cultivates communicable diseases. In a third world country like Haiti, where resources are already stretched thin and immunizations are not standard practice, the loss of life is certain to be much higher because they’re simply not equipped to deal with an incident of this magnitude.
The study, “Management of dead bodies in disaster situations.” PAHO; 2004, indicates that little threat for communicative disease outbreak is posed by actual human remains. The threat comes from the survivors themselves, the destruction of their surroundings and an inevitable crowding situation caused by displacement. Without a continuous fresh water supply, survivors are forced to drink polluted water just to stay alive. Aided by the lack of adequate sanitary conditions, these pollutants are ingested and then defecated back into the water source. It becomes a breeding ground for communicable diseases.
Water-related Diseases
Water-related diseases include infectious diarrhea or norovirus, salmonella and cholera. Noroviruses are transmitted through the fecal-oral route after the ingestion of contaminated food and water. Once infected, a person-to-person transmission can occur. Noroviruses cause diarrhea and vomiting that without adequate sanitization amenities, continue to perpetuate.
Salmonella is often referred to as food poisoning. It causes the same symptoms as norovirus and can be present in almost any type of food. Salmonella is transmitted through infected feces that come into contact with a food source. People can become carriers of salmonella, transmitting the disease for life.
Cholera, transmitted by the fecal-oral route has an extremely brief incubation period of just 2-5 days. It can cause acute diarrhea, dehydration and kidney failure. Of all water-related diseases, cholera is perhaps the most insidious and can kill an adult within hours.
Crowding-related Diseases
The three most common crowding-related diseases are meningitis, measles and acute respiratory failure (ARF). Meningitis causes an inflammation of the membranes surrounding the brain and spinal cord and can lead to permanent neurological damage. Measles is a highly contagious viral disease that can cause seizures and coma. The complications of measles can include blindness and brain inflammation. ARF has a high morbidity rate of 50-70% in both children and adults. Caused by inadequate gas exchange, oxygen levels drop and carbon dioxide levels rise. An effect of displacement, over-crowding issues and poor nutrition, ARF is a major cause of death.
Vectorborne Diseases
Vectorborne diseases are caused by “vectors” such as mosquitoes that carry malaria. Earthquakes and other natural disasters can change a habitat, as evidenced in Saenz R, Bissell RA, Paniagua F. "Post-disaster malaria in Costa Rica." Prehospital Disaster Med. 1995;10:154–60. This change in habitat can create conditions that are ripe for breeding, causing an upsurge in outbreaks of malaria. Children are particularly at risk of contracting malaria, a virus that in its most dangerous form, can affect the brain and kidneys. Dengue, also carried by mosquitoes, can develop into dengue haemorrhagic fever. The spread of dengue can be directly related to inadequate solid waste disposal and water storage. Without treatment, fatality rates can exceed 20%.
Haiti's challenges are far from over and despite aid being sent to this ravaged country, the death toll as it stands now, is certain to rise.
Tuesday, January 12, 2010
Teen Suicide Risk Factors: Parents Are Too Often Clueless
By Nancy Shute
Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.
Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.
The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."
Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.
The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:
The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."
The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."
The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.
The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."
Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.
Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.
The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."
Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.
The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:
The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."
The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."
The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.
The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."
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