Massachusetts Injury Lawyer Blog

As if plummeting temperatures and shoveling aren't reason enough to dislike winter in Massachusetts, snowy and icy weather creates hazardous road conditions. Car accidents, truck accidents, and pedestrian accidents are more likely as slippery roads increase both the distance required to stop a vehicle and the chance of sliding.  Taking certain precautions against winter hazards can reduce drivers' and pedestrians' risk of personal injury or wrongful death.

First, try to avoid driving in bad winter conditions.  If driving is necessary, try to drive during daylight hours only, plan ahead to avoid rushing, and wait until snow removal crews have eased road conditions.  Check wiper blades and tires and make sure they are suited for winter driving conditions.  Also, if you are traveling far from home, equip vehicles with a winter emergency kit including blankets, food, water, matches, candles, flares, sand for traction, and jumper cables.

Seat belts can save lives but only if they are worn properly.  A properly fitting seat belt will fit tightly across the lap, snugly across the chest, and will cross at the shoulder.  A seat belt should never cross at the neck or back  Seat belts with lap restraints only are ineffective and should be avoided.  An improperly fitting belt can actually make personal injuries worse. Heavy jackets will intefere with proper seat belt operation and should be avoided or removed once the car is warmed up.

Pedestrians face special problems since sidewalks are not always plowed and it may be necessary to walk in the street. One should walk facing the traffic in order to be able to observe the approaching traffic--and to take evasive action if necessary. At night, lightly colored clothing is important. Motorists need to be especially aware of pedestrians and even bicyclists during the winter months. Massachusetts General Laws c. 89, Section 14 requires motorists to slow when approaching pedestrians or bicyclists, and to pass only when it is safe to do so.  

Finally, focus on safe and strategic driving.  Stay at least nine car lengths behind the vehicle ahead to allow plenty of room to stop.  Unless you have anti-lock brakes, If brakes begin a lock, ease off the brake.  Be aware that bridges and overpasses freeze before the road.  To regain control of a vehicle if rear wheels begin to skid, ease off the gas and steer in the direction the car should go.  If the car starts to go too far in one direction, keep steering opposite ways until the vehicle is under control.  If the front wheels are skidding, ease off the gas and let the vehicle slow down until traction is regained.  If stuck in the snow, do not hit the gas.  Try to remove snow and ice from around the wheels, and use sand for traction.  Some vehicles can also be "rocked" by alternating between drive and reverse, while gently pressing the gas.

For more information on winter safety, please see the following articles:

State Police Issue Winter Driving Safety Tips

Uncleared Sidewalks Imperil Pedestrians

Massachusetts Emergency Management Agency--Tips to Ensure Safe Winter Driving

Continue reading "Massachusetts Drivers Should Take Precautions Against Winter Hazards on the Roads" »

In late November, the US Consumer Product Safety Commission (CPSC) announced that Stork Craft Manufacturing was voluntarily recalling approximately 1.2 million cribs distributed in the United States and 968,000 distributed in Canada.  This recall comes in the wake of reports of several infant wrongful deaths.  Due to flaws in the cribs' drop-side plastic hardware, the drop-side can detach creating a space between the crib mattress and the drop-side.  As a result of this product defect, infants can become trapped in the space and suffocate. Where the drop-side detaches completely, infants run the risk of falling.

CPSC, Stork Craft, and Health Canada are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments, with four entrapments resulting in suffocation.  Included in these incidents are 20 falls from cribs with personal injuries ranging from concussion to bumps and bruises. 

This recall involves Stork Craft drop-side cribs distributed and manufactured between 1993 and 2009, and Stork Craft drop-side cribs with the Fisher-Price logo sold after 1998.  The recall does not involve cribs without a drop-side or with a non-plastic drop-side.  Major Massachusetts retailers sold these recalled cribs in stores, including BJ's Wholesale Club, J.C. Penney, Kmart, Sears, and Wal-Mart stores, and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com.

Massachusetts consumers should immediately stop using the recalled cribs, and contact Stork Craft for a free repair kit that converts the drop-side to a fixed-side.  Consumers should not attempt to fix the cribs without the repair kit and should find alternative and safe sleeping arrangements for infants until the crib is repaired.  For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com. 

CPSC also provides several tips for general crib safety  Parents should not use any crib with missing, broken, or loose parts.  Hardware should be tightened from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly, and should always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.  Complete information is available at the CPSC website.

Continue reading "Defective Cribs Recalled Due to Risk of Infant Suffocation and Entrapment--Massachusetts Consumers Urged to Immediately Stop Using Affected Cribs " »

This week, the U.S. Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) announced the recall of millions of Roman shades and roll-up blinds due to the risk of strangulation to young children from the defective products. Massachusetts consumers are urged to take immediate measures to eliminate the risks to young children.

Since 2006, the CPSC has received reports of 5 wrongful deaths and 16 near strangulations involving Roman shades and 3 wrongful deaths since 2001 in roll-up blinds. In the case of Roman shades, children may place their necks between the exposed cord and the fabric on the back of the shade, or they may pull the cord out and wrap it around the neck. With the roll-up blinds, children may become entangled in the lifting loop on the side of the blind.

These defective products have been sold at a wide variety of retailers in Massachusetts, from Wal-Mart to Pottery Barn to ACE Hardware, to name but a few. If you have either type in your home, please contact the WCSC at its website or at (800) 506-4636 to receive a free repair kit.

The CPSC and the WCSC has also provided safety tips that apply to all window coverings, not just those involved in the recall. These include inspection of all shades and blinds in the home to make sure there are no loose or accessible cords (in fact, cordless window coverings are recommended where children live or visit), keeping cribs, beds, and furniture away from windows, and installing tension devices on looped chains or cords to keep them taut. Complete information is available at the CPSC website.

Continue reading "Strangulations Trigger Massive Recall of Blinds and Shades--Massachusetts Consumers Urged to Eliminate Hazards" »