Law Times

PAGE 12 Lawyers joining injury prevention movement FOCUS BY JUDY VAN RHIJN For Law Times T unwittingly be joining the ranks of epidemiologists who study the distribution and determinants of health-related events in a popu- lation and apply them to injury control. Lawyers across the province he many personal injury lawyers who find them- selves drawn to injury prevention efforts may are raising funds for cancer re- search, participating in wheel- chair relays, distributing helmets to children, and supporting inju- ry prevention measures through blogs that include safety tips and accident reports. Many, in fact, aren't aware that they're inching into the territory of a worldwide movement. Injury prevention is usually a scholarly pursuit. Historically, prevention policies have focused almost entirely on disease be- cause accidents were thought to be unpredictable and unprevent- able. But there' ness that there are measures to help reduce intentional and un- intentional injuries. Interestingly, as death rates from disease decline, those from s a growing aware- injuries tend to rise as a society embraces a more technically advanced lifestyle and increases its use of substances that cause impairment. "It is sad when an old person dies," says Dr. Peter Barss, a Canadian expert on injury preven- tion. "But they are at the end of their life. When the young or economi- cally productive people are injured, it is a huge tragedy for their fami- lies and communities as well." According to the aware that most acci- dents are the result of a combination of an adverse environment, equipment, behaviour, and personal risk fac- tors. For instance, half of motor vehicle accidents involve alcohol but also driver inexperience, poor road design, and vehicle characteristics. Barss says people Epidemiologists are have to look beyond just blaming the person. "Is the environment friend- ly or hostile? We, Canadian Institute for Health Information, injuries are the leading cause of death for Ca- nadians aged one to 44 with 90 per cent estimat- ed to be preventable. The Canadian community health survey found that in 2009-10, 4.27 million Canadians over the age of 12 suf- fered an injury severe enough to limit their usual activities. Laurie Tucker, a personal in- jury lawyer at Doucet McBride LLP in Ottawa, notes her col- leagues see the devastation that 'Too many people are stuck in the system,' says Nigel Gilby. injuries cause to the victims and their families every day. "For me, injury prevention was not some- thing I was involved in until I started practising personal injury law. To help out in some way in injury prevention, especially in children, seems like a natural fit." things ahead are potential con- tributors to the field. "Lawyers may have access to are savvy about the law and how it can move public, can be passive — not worrying about the hostile environment — if someone else is ac- tive in getting rid of the hazards." Barss notes that many hazards come to light through lawsuits and believes those who the get at least modest training just by attending injury prevention conferences like the Safety 2012 World Conference in Wellington in October and soaking up what happens there. "They can learn to look at the comprehensive situation to see what could have been done to provide protection for people. A bit of epidemiol- ogy makes a hazard well known and makes it hard for proprietors of a built environment to defend themselves." Barss refers to a research pa- Barss suggests lawyers would per he wrote as a result of treat- ing head injuries coconuts during his time as a physician in New Guinea. It has affected the practices of tropi- cal resorts around the world that now have to harvest the dry co- conuts and limit the height of their coconut palms based on Barss' calculations of the kinetic energy of the fruit as it falls from a significant height. But injury prevention pro- from falling TRUST you're putting your reputation on the line. It's all about trust well placed. data that would be informative to researchers and policy staff, par- ticularly in cases that settle and so don't get into the literature. They could record their experi- ences, expertise, and concerns from their legal practices and put together a presentation for the injury prevention conferences. Not many lawyers speak to that audience. education in the epidemiology approach. "Police, judges, and lawyers typically focus on go- ing aſter the bad guy, Doing so would take some " "They are focused on individu- als, like a clinical doctor, whereas in prevention, our patient is the whole population. If you look at things like risk factors and deter- minants in the entire population, this type of data may not be so important in a courtroom but it is very important in public health policy and training. " says Barss. " fessionals do not confine them- selves to stopping an event from happening. They also target mea- sures that reduce the likelihood and severity of injuries, such as the installation of airbags or the enforcement standards in children's nightwear. Tucker is a member of the of flammability board of directors of the On- tario Trial Lawyers Association and spearheads its Bike Helmets on Kids program. It'll be mak- ing a difference in 11 regions of the province this year. Follow- ing a request from various school boards, it' to embrace multi-impact winter- sport helmets. "Head injuries are so hard to are also looking to boost the ef- fectiveness of the program by addressing school assemblies on the importance of wearing a hel- met and the correct way to wear The association's members " says Tucker. See Quick, page 13 Henderson Structured Settlements: Your Partners in Service® DAVID PAYNE | WENDY MOORE JOHNS | DAVID TENSZEN Since 1936 Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. 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