Massachusetts Injury Lawyer Blog

Breakstone, White & Gluck congratulates MassCOSH for its tireless advocacy of a new law which bans flammable floor finishing product in Massachusetts. The law takes effect today.

The law bans the commercial use and sale of lacquer sealer, which can easily ignite and is linked to three deaths of floor finishers in house fires.

"This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction," said Marcy Goldstein-Gelb, executive director of MassCOSH (the Massachusetts Coalition for Occupational Safety and Health).

The law was filed at the urging of the industry-labor-community Floor Finishing Safety Task Force. The task force investigated two home fires in Somerville and Hull that killed three floor sanders and burned several others.

The task force was led by MassCOSH and Viet Aid. The floor refinishing industry in Massachusetts is largely concentrated in the Vietnamese community.

The Massachusetts Department of Public Health is disseminating new posters alerting floor finishing contractors across the state about the ban.

Breakstone, White & Gluck is a construction accident law firm, and is a proud sponsor of MassCOSH. Click here to learn more about MassCOSH.

When you think of winter, you may envision a beautiful white snow fall. But in Massachusetts, we know after the snow comes the hard cleanup.

For homeowners, the cleanup starts with frequently traveled areas, such as your front steps, driveway and sidewalks. It's best to keep these areas shoveled and salted during the snowstorm as well as in the hours afterward, when freezing and snowdrifts occur. Staying vigilant is the best way to prevent slip and fall injuries on snow on your property.

Next, remember your roof and rain gutters. Neglecting your roof can be a safety hazard for your family and cause significant damage to your home.

When snow piles up on a roof, it acts as a sponge for sleet and rain. This will eventually leak and cause roof deterioration over time. The snow also puts weight on your roof, posing a threat for collapse.

More immediately, the snow can leak and freeze on driveways and walkways where someone could slip and fall. Minimize the risk with these tips:

• Check your roof throughout a snowstorm so you are aware of snow accumulation and remove it as soon as possible.


• Purchase a snow rake at your local hardware store so you can stand on the ground and clear snow.


• Do not purchase a metal snow rake. It can conduct electricity if it crosses an electrical line.


• Do not use a ladder to clear snow from your roof. The snow and ice on the ground and on your home are not stable enough to support a ladder.


• Clear large icicles from roof overhangs, doorways and walkways.


• Make sure you are capable of handling this cleanup yourself. If not, contact a local snow removal company.


• Check your rain gutters for snow accumulation. Remove snow from visible areas.


• Clean your gutters twice a year to prevent snow from clogging up.

It is important to keep your property safe by promptly removing snow after a snowstorm. Slip and falls in snow can result in severe personal injuries to you, your family and others. The law on cleaning up snow and ice have recently changed in Massachusetts, putting a greater responsibility on property owners. Click here to learn more.

Continue reading "Be Safe When Clearing Snow From Your Home's Roof" »

This year's snow fall brings new responsibilities for Massachusetts property owners. A new law took effect in July 2010, when the Supreme Judicial Court ruled in the case of Papadopoulos v. Target Corporation.

The ruling means property owners now must take reasonable care to remove all snow accumulation from their property and keep accessible areas safe to travel. Previously, Massachusetts property owners enjoyed a special exemption from liability for "natural accumulations" of snow and ice. An injured person had to demonstrate the accumulation was "unnatural," such as a snow pile created by a plow.

The ruling means snow removal is now a requirement. If a property owner fails to use reasonable care in clearing snow and ice from their property and someone is injured as a result, the property owner can be held liable.

Breakstone, White and Gluck has recently explained the new law in the media, including what it means for property owners and those injured in snow and ice accidents. Here's what we had to say:

Snow Removal Law May Face Test. Attorney David White discusses Massachusetts' new snow removal law in The Boston Globe. Dec. 25, 2010. Click here to read.

Attorney David White tells WBZ-TV about the new standard for snow removal in Massachusetts and offers property owners tips for protecting themselves. Click here to watch. Dec. 20, 2010.

Attorney David White is interviewed by Fox 25 about the recent Massachusetts snow and ice decision and its impact on snow removal for property owners. Click here to watch. Dec. 17, 2010.

Snow and Ice Removal No Longer Optional. Attorney David White explains what a recent Supreme Judicial Court ruling means for property owners and snow removal this winter. Allston-Brighton Tab. Dec. 17, 2010. Click here to read.

Supreme Judicial Court Changes Rules on Snow Removal in Historic Decision. On July 26, 2010, the Massachusetts Supreme Judicial Court abolished the longstanding distinction between natural and unnatural snow accumulation in slip and fall cases. Attorney David White tells The Boston Globe the ruling means, "all property owners must pay attention to conditions caused by snow and ice." Read the article here . Also read White's comments in the Salem News and to the Associated Press.

Attorney Marc Breakstone tells Massachusetts Lawyers Weekly snow and ice decision is, "one of the greatest public safety decisions to come down in last 25 years." Read full article here.

Continue reading "What Massachusetts Property Owners Need to Know About Snow Removal" »

Months after a landmark court ruling regarding snow and ice removal in Massachusetts, the city of Newton is considering a sidewalk snow removal ordinance.

The city initially proposed an ordinance requiring snow be cleared within 24 hours of a storm. Residents protested and city officials have proposed another ordinance allowing 30 hours. Businesses would still have 24 hours. The proposal is pending.

Many municipalities have ordinances requiring residents to keep their sidewalks clear to avoid snow and ice accidents. In Boston, renters, property owners and management companies of residential buildings with less than six units have six hours. Commercial property owners, renters and management companies have three hours, as do managers and owners of residential properties with more than six units.

Other communities provide larger windows of time. Springfield allows residential property owners and renters 24 hours while Worcester permits 10.

These ordinances are designed to protect the public on sidewalks. But property owners have a responsibility to keep their entire property safe after the Supreme Judicial Court's decision in Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010).

Prior to the decision, property owners were liable for injuries sustained on what is known as an "unnatural accumulation" of snow or ice, such as a snow plow pushing snow onto a driveway. Now, property owners are liable for injuries resulting from natural accumulations as well, meaning they have a responsibility to keep their property reasonably safe and free from snow and ice after a storm.

If you are a property owner, this means you want to consider how you can prevent snow and ice accidents on your property this winter. Here are a few tips:

• You have a responsibility to clear your driveway, sidewalks and other areas accessible to the public.


• If you are using a snow blower, keep a shovel on hand as a back-up.


• Stock up on salt and use it regularly throughout a storm and in the hours afterward, when a large amount of freezing occurs.


• Walk your property after the snow falls. If you cannot move across it safely, others will be at risk.


• Ask yourself if you can handle your own snow removal. If not, contact a snow plowing company.

For more information about your obligations as a property owner, visit the Breakstone, White & Gluck website.

Click here to read about the city of Newton's proposed snow removal ordinance.

Continue reading "Property Owners Must Observe Snow Removal Ordinances and Recent Court Decision This Winter" »

The U.S. Consumer Product Safety Commission (CPSC) and two companies have issued widespread recalls of defective products that pose a safety hazard to children.

In the first case, Lowe's has recalled 11 million Roman shades and roll-up blinds. The move is part of a farther-reaching recall that began in December 2009 and has so far involved 25 retailers. Lowe's sold the largest number of blinds and shades, followed by Ikea. Walmart, JCPenney, Ethan Allen and Jo-Anne Fabric and Craft Stores also sold significant quantities.

The Roman shades and blinds were sold between 1999 and January 2005. Both products can cause strangulation because a child playing could become entangled in the cords and the fabric or plastic blinds.

The recall began after the CPSC learned about two incidents of children who became entangled in the Roman shade's cord. Neither suffered personal injury. But after the recall was initiated, another 4-year-old boy did suffer personal injury, including rope burn to his neck after getting caught in the cord.

No incidents of personal injury have been reported for the roll-up blinds from this particular store.

Consumers should stop using the shades and contact the Window Covering Safety Council for free repair kits at 800-506-4636.

The CPSC has received five reports of wrongful deaths and 16 near strangulations in Roman shades since 2006. It has received three reports of accidents leading to deaths in roll-up blinds since 2001. The commission recommends consumers use cordless blinds and shades in homes where children visit. If your blinds and shades have cords, keep them inaccessible and install tension devices.

The other product recalled was The First Years American Red Cross Cabinet Swing Locks. About 41,300 locks were sold at Toys R Us, Babies R Us and other retailers.
The locks were designed to keep children from accessing cabinets.

But The First Years company received seven reports of latches breaking. Consumers should stop using the locks immediately and contact the company to obtain a coupon toward purchase of another product. Visit this link for more information.

Continue reading "Products Recalled to Protect Children" »