Massachusetts Injury Lawyer Blog

A snowblower is a valued asset in Massachusetts amid a winter which has already blanketed the region with several feet of snow.

But while a snowblower may look relatively simple to operate, remember it's a powerful tool that must be used with caution. Each year, approximately 5,700 people visit emergency rooms for injuries associated with snowblowers, according to the Consumer Product Safety Commission (CPSC).

A new Massachusetts law took effect in 2010, requiring property owners to take reasonable care to remove all snow accumulation from their property and keep accessible areas safe to travel. A landowner who fails to do so may be held liable for snow and ice injuries that occur on his or her property.

In a winter like this one, keeping your property safe from slip and falls means more than pulling out the snowblower and salting down the front steps. Snow has built up on roofs, buried heating vents and left long icicles hanging over frequently traveled areas.

Plan ahead and avoid an emergency on your property. Here are some tips from the Boston snow and ice accident lawyers at Breakstone, White & Gluck:

• Check your property now before the next snowstorm. Chances are there are existing snow patches and icicles you can clear so they do not become more dangerous.


• Read the user manual that came with your snowblower to avoid injuring yourself and others.


• Many injuries associated with snowblowers occur when consumers try to clear clogged snow from the auger shaft and blades. Never attempt to do this with your hands. Purchase a newer model that comes with a clearing tool or if necessary, use a long stick.


• Snowblowers emit a large amount of carbon monoxide. Always start your machine outside and never inside a garage.


• Dress appropriately when using the snowblower. Long scarves and jacket drawstrings can easily get caught in the machine and cause an accident.


• Check online to see if there have been any product recalls or updates involving your snowblower since last winter. The CPSC website is a good place to start.


• Walk around your house and identify the locations of all heating and dryer vents. Clear them completely. Make sure they are accessible so you can reach them to remove snow during the next snowstorm.


• As you walk around your home, inspect your roof for icicles. The longer icicles should be removed to prevent accidents and someone from being hit. It is unsafe to use a ladder in the snow. Purchase a snow broom or snow roof rake from your local hardware store.

Continue reading "Snowblower Safety Tips For A Hard Winter" »

In a case of first impression, the Massachusetts Appeals Court has ruled that the 2009 amendment to G. L. c. 258, which made the MBTA a 'public employer' for purposes of tort claims, does not apply retroactively. The court affirmed the underlying judgment, including the award of interest and costs, obtained by a seriously injured pedestrian.

The plaintiff in Traybman v. MBTA was represented by Marc Breakstone of Breakstone, White & Gluck. Traybam was struck by an MBTA bus in 2005 and suffered severe injuries. She filed a claim against the MBTA and the driver in Suffolk Superior Court. The trial in November 2008 resulted in a verdict of just under $4 million. The MBTA appealed. One of the central issues in the case was whether the judgment against the T should be subject to interest at the rate of 12% per annum.

At the time of the trial, the MBTA was an independent body politic which was subject to the pre- and post-judgment interest provisions of Massachusetts law. However, the sweeping transportation reform bill enacted in June 2009 included amendments to G.L. c. 258 which made the MBTA a 'public employer' for purposes of G. L. c. 258.

The T argued on appeal that the statute should be applied retroactively, and that there should be no interest or costs awarded to plaintiff. The Massachusetts Appeals Court disagreed. The court also rejected other evidentiary claims raised by the MBTA.

Here is the case summary.

The animation below is part of the demonstrative evidence used at trial to obtain the verdict on behalf of the plaintiff.

The complete decision of the Appeals Court can be found by clicking here.

Continue reading "Massachusetts Appeals Court Rules Amendment to G.L. c. 258 Making MBTA a "Public Employer" Not Retroactive" »

Pedestrians need always be concerned with the cars and trucks they travel alongside, but winter is a time to practice extra caution to avoid pedestrian accidents. Bad weather and areas where sidewalks are not shoveled pose new threats to pedestrians during this time of year.

During and after snowstorms, drivers struggle with road conditions and visibility, increasing the risk for car accidents and pedestrian accidents. A driver's ability to see pedestrians is often impaired by large snow piles and shorter hours of daylight. Pedestrian accidents are more likely in areas where sidewalks are not cleared and pedestrians are forced to walk in the road.

These factors mean pedestrians have to plan their travel carefully and dress appropriately. The Massachusetts pedestrian accident lawyers at Breakstone, White & Gluck offer these tips:

• Limit your walking where snowbanks are high. If you have to walk outside, avoid walking at night or during the snowfall, when there is less visibility.
• If you can, find out in advance whether the area you will walk has cleared sidewalks. This is important on busy traffic routes, back roads and highways. Plan accordingly.



• If you have to walk outside, carry a cell phone in case of emergency. But do not use it while walking in the roadway or crossing the street. To avoid a pedestrian accident, wait until you reach a sidewalk or a safe area in a parking lot. (Some states are considering banning cell phone use while crossing streets. Click here for a New York Times article on the subject). Even if it is not the law, it is good practice!
• Wear lightly or brightly colored clothing. Reflective neon clothing can provide benefits in both daylight and night hours by allowing drivers to see pedestrians sooner and adjust their driving if necessary. Some walkers use flashlights or even flashing lights to warn vehicles.



• If you see a commercial truck with snow on its roof, contact the company to report the driver. Snow on top of a vehicle can slide off and be thrown at other motor vehicles and pedestrians, causing car accidents and significant personal injuries. Look for the name of the company on the vehicle's exterior or take note of its name. It's best if you have at least part of the vehicle identification or license plate number. Several states have laws requiring drivers to clear snow from their vehicle's roof.
• And if you are driving, take time to clear your car as well. This will increase visibility while you are driving, and prevent potential accidents for drivers and pedestrians around you.

Continue reading "How Pedestrians Can Practice Safety in Winter" »

The arctic air of January has hit Massachusetts and families around the state are working to stay warm, safe and avoid injury. It's essential this time of year to be informed and make plans for your home heating system, water pipes and going outdoors. The Boston personal injury lawyers at Breakstone, White & Gluck offer these tips:

Oil Heat Systems

• If you heat your home with oil, have a qualified oil heat service technician inspect and clean your system annually to remove soot build-up and ensure safe operation.


• Avoid replacing or repairing parts of your furnace or oil heating tank yourself. This could cause personal injury and damage your home. Contact a professional.


• Ask your oil company about Automatic Delivery to avoid disrupting your heating service. The company will use a computerized system that signal when tank volumes are low.

• One in every seven space heater fires in the past five years has resulted in a death, according to the Massachusetts State Fire Marshal's office. If you use a space heater, be safe. Keep the space heater three feet from any person, pet or flammable material.


• Never leave a space heater unattended. Turn it off if you are going to sleep.

• Clean ashes from your wood-burning stove in between use to avoid clogging the vents. Avoid injury by disposing ashes in a metal container away from your home.


• Keep three feet away from wood-burning stoves to avoid burn injuries.


• Only burn wood in your wood-burning stove. Never burn household garbage, cardboard, plastics, foam or other materials.

• To keep pipes from freezing, wrap them in insulation, such as newspapers with plastic to keep out the moisture.


• Allow a small amount of warm water to trickle from a faucet near pipes you are concerned will burst. This allows the water to keep moving so it cannot freeze.


• Learn how to shut off your water valve if it bursts.


• Purchase a freeze alarm for your pipes. These can be purchased online for less than $100.

• Minimize time outdoors, especially for the elderly and young children.


• Dress in layers of loose-fitting, lightweight clothing rather than a single-layer of thick clothing. Cover all areas with mittens, hats and scarves. Try to wear water repellent fabrics.


• Hypothermia only occurs in extreme cases, but watch out for signs of shivering, memory loss, disorientation and exhaustion. If these symptoms are present or the person's body temperature drops below 95 degrees, seek immediate medical attention.


• Also watch out for frostbite. Frostbite causes a loss of feeling and a pale appearance in the fingers, toes, the tip of the nose and other areas. Seek medical attention immediately for these symptoms.

Click for more safety tips on other home heating devices from the Boston personal injury lawyers at Breakstone, White & Gluck.

Continue reading "How to Avoid Cold Weather Injuries and Illness" »

Accutane is an acne medication that was once widely used, but withdrawn from the market in June 2009. The manufacturer, Hoffman-LaRoche, discontinued the drug as it faced Accutane lawsuits related to the drug's powerful side effects.

Accutane is also known as isotretinoin. Approved for use in 1982, the medicine was originally manufactured to treat certain types of cancer. Later marketed as an acne medication, it proved effective at treating severe nodular acne, a chronic condition characterized by large, red, swollen lumps on the skin. Left untreated, severe nodular acne can cause permanent scarring.

Between 1982 and 2009, Accutane was used by more than 13 million patients, including those in Massachusetts. Additionally, many other individuals used generic equivalents, such as Amnesteem, Claravis and Sotret. The generic equivalents are still being prescribed.

The drug has long faced government scrutiny for its side effects, including birth defects, inflammatory bowel disease, ulcerative colitis, Crohn's disease, liver damage, suicidal thoughts and depression. In many cases, patients have required extensive medical treatment and surgery to correct Accutane injuries.

The FDA has issued several warnings about Accutane over the years. In 2005, it warned users to watch out for symptoms of depression, suicidal thoughts and mood disturbance. The government agency has worked with Hoffman-LaRoche for many years on its iPledge program to reduce the risk of birth defects among female users. In 2007, the FDA warned consumers not to purchase Accutane or its generic equivalents over the Internet without consulting a doctor.

If you have taken Accutane, it is important to be informed of your rights. If you have taken the defective drug and suffered personal injuries as a result, you may be able to file a claim against the manufacturer.

Breakstone, White & Gluck of Boston, Massachusetts is skilled at handling product liability cases involving defective drugs such as Accutane.

Click to learn more about our Massachusetts Accutane lawyers. Or if you have a case, contact us today at 617.723.7676 or use our form.

Continue reading "What Accutane Users Need to Know" »

According to the recently released report of the Massachusetts State Fire Marshal, the Norfolk condominium explosion that killed an electrician in July, 2010 was caused by a leak of unodorized propane gas.

William Nichols, a 46-year-old electrician from Blackstone, was one of the workers in the condominium at The Village at River's Edge when it exploded on July 30. He was buried under burning debris for more than ninety minutes before he was pulled alive and conscious from the wreckage. Mr. Nichols died that evening at Brigham & Women's Hospital in Boston from his massive injuries. Seven other people were injured in the blast.

State investigators called this a case of "odorant fade," which results from underfilling of a new propane tank. Industry safety standards specify tanks should be filled 80 percent. EnergyUSA of Taunton only put 200 gallons in the tank providing propane to the condominium.

Workers at the scene had no warning there was a propane leak. The leaking gas contained no ethyl mercaptan, a strong odorant which is added to propane to allow for its detection. Without this additive, propane is odorless and undetectable.

Boston attorney Marc Breakstone, who represents the Nichols family, stated that 'these reports describe in painful detail the danger of a leak of unodorized propane gas into the environment. This was a tragedy which could have been prevented if industry safety standards had been followed."

Click here to read the state report about the explosion. Read more about the case in:

• The Boston Globe


• The Boston Channel


• Fox 25 Boston


• The Milford Daily News


• Sun Chronicle

Continue reading "State Investigation Reveals Unodorized Propane Tanks in Fatal Norfolk Explosion" »