Massachusetts Injury Lawyer Blog

One million defective pool and spa drain covers are being recalled because they are incorrectly rated to handle the flow of water and pose a possible entrapment hazard.

No injuries have been reported. The safety drain covers are being voluntarily recalled by eight manufacturers and are not sold directly to consumers.

There are 6.2 million residential and public inground pools and inground spas in the United States and the pool drain cover recall affects fewer than 5 percent, according to the Consumer Product Safety Commission (CPSC). But the recall comes just a few weeks before schools in Massachusetts finish for the summer and it is unclear how many closures it may force among the state's public swimming pools.

The federal Virginia Graeme Baker Pool and Spa Safety Act took effect December 19, 2008, tightening safety standards for drain covers sold to consumers and public pool operators. The recalled drain covers were installed after that, between December 19, 2008 and April 2011.

The new legislation has been credited with reducing fatal drownings and pool accidents caused by unsafe suctions. From 1999 to 2008, 12 people were killed in pool and spa entrapments and 72 suffered injuries, according to the CPSC. In 2009 and 2010, there were no deaths and 10 pool entrapment injuries reported.

The affected drain covers were sold through independent distributors to pool and spa builders and installers. The CPSC is advising consumers to contact their pool builder or pool service provider. Consumers can also visit the Drain Cover Recall web page maintained by The Association of Pool & Spa Professionals or call the association at 866-478-3521.

The manufacturers and pool service professionals will replace or retrofit the defective pool drain covers at no charge to consumers.

Consumers are advised not to use pools with the defective drain covers and not to attempt to replace the drain covers themselves.

The manufacturers involved in the pool drain cover recall are A&A Manufacturing of Phoenix, Arizona; AquaStar Pool Products Inc of San Diego; California, Color Match Pool Fittings of Surprise, Arizona; Custom Molded Products of Tyrone, Georgia; Hayward Pool Products of Elizabeth, New Jersey; Pentair Water Pool and Spa of Sanford, North Carolina; Rising Dragon USA, of E. Sweetwater, Tennessee and Waterway Plastics of Oxnard, California.

For more information on the recall, click here.

Continue reading "One Million Pool Drain Covers Recalled As Summer Begins" »

Ruling Confirms Rights of Injured Workers to Bring Third Party Claims Against General Contractor after Receiving Workers' Compensation Insurance

The Supreme Judicial Court (SJC) today affirmed the right of an employee of an uninsured subcontractor to bring third party claims against the general contractor, even if the general contractor has made workers' compensation payments pursuant to G.L. c. 152, § 18. The case was an important victory for workers injured in construction accidents.

The case arose from an explosion on a residential construction site. The explosion killed a worker and seriously injured his son, who was also working at the site. Both men were employed by Great Green Barrier Co., which did not have workers' compensation insurance. As a result, pursuant to G.L. c. 152, § 18, the general contractor, Henry C. Becker Custom Building Ltd., was liable for the workers' compensation obligations. This obligation arises under the policy in Massachusetts that a general contractor is responsible to hire only subcontractors which have workers' compensation insurance available for their employees.

The defendant argued that the statutory scheme prevented the plaintiffs from making third party claims once they had accepted lump sum workers' compensation settlements pursuant to G.L. c. 152, § 23, which ordinarily bars workers from maintaining negligence claims against their employers if they have accepted workers' compensation benefits. While this argument had persuaded the trial court, which granted summary judgment for the defendant, the ruling had been overturned by the Appeals Court. Wentworth v. Henry C. Becker Custom Bldg. Ltd, 76 Mass.App.Ct. 507 (2010).

The SJC granted further appellate review and affirmed the Appeals Court ruling, which reversed the summary judgment for the defendant.

Click here for more information on this case.

Continue reading "Massachusetts Supreme Judicial Court Denies General Contractor Immunity" »

As 35 million Americans plan to travel this Memorial Day weekend, we urge drivers in Massachusetts and throughout New England to think safety.

Travel will be down 100,000 travelers from 2010, which saw a 14 percent increase from the year before, according to the auto club AAA. Approximately 30.9 million people plan to drive 50 miles or more to their Memorial Day destination.

When this many drivers are on the road, it is especially important to watch out for those around you to avoid traffic accidents. That includes pedestrians, bicyclists and motorcyclists as well as other cars. Here are some things to remember while traveling this holiday weekend:

• Wear seatbelts and make sure everyone in the car does the same. It is the law in Massachusetts and has proven effective in preventing traffic fatalities. In 2008 alone, seat belts saved more than 13,000 lives nationwide, according to the National Highway Traffic Safety Administration (NHTSA).


• If you are traveling with children, make sure child passenger seats are in compliance with the law. Passenger seats can save lives in motor vehicle accidents. Click here to learn about Massachusetts' child passenger seat law.


• When the roads are congested, watch out for aggressive drivers. Aggressive driving behavior may include someone who is following you too closely, speeding or gesturing at you. Avoid eye contact. Do not gesture back. Make it your goal to move away from the driver and not be involved in an aggressive driving car accident. If you can get the driver's license plate, report the driver to authorities when it is safe to do so.


• Avoid driving fatigue. Do not drive if you have had inadequate sleep, worked an excessive number of hours or late at night without proper rest.


• Give motorcyclists more distance - three or four seconds - when following from behind to prevent a motorcycle accident. The goal is to give the motorcyclist enough time to make decisions and stop quickly if needed.


• Be aware that a motorcycle's flashing turn signal can be deceptive. The signal may not be self-canceling and a motorcyclist may forget to turn it off. Wait to see whether the rider actually turns or a motorcycle accident may result.


• Allow bicyclists 3 feet clearance when passing on the road.


• Yield to cyclists at intersections and traffic signals before making your own driving decisions.


• Watch out for pedestrians and runners even in areas you may not expect them. In 2009, pedestrian deaths accounted for 12 percent of all traffic fatalities.


• Be vigilant about not driving while distracted and not texting while driving. It may be easy to let your guard down when you are relaxing among friends and family. But motor vehicle accidents happen fast and it is best to focus on the road.


• If you are drinking alcohol, do not drive, bicycle or walk on the road.

Continue reading "Drive Safely This Memorial Day Weekend" »

It is Bay State Bike Week in Massachusetts, a time to focus on safety for cyclists. During this week, cyclists are hard to miss as they gather at large events in Boston, Cambridge and across the state.

But the daily reality is many Massachusetts cyclists are far less visible to drivers, spending the majority of their time riding alone or in small groups. And when drivers get behind the wheel, they usually pay attention to other motor vehicles and pedestrians at crosswalks. But bicyclists and motorcyclists tend to get lost in the scenery, which can lead to bicycle accidents and motorcycle accidents.

We do not make this observation alone. We join many others, including the Transport for London (TPL), which manages a complex transportation network that includes buses, railway, underground trams and more than 900 miles in roads. It also manages a popular cycle hire service, which allows visitors and residents to rent bicycles 24 hours a day from docking stations around the city.

TPL has gained an Internet following in recent years with its "Think!" campaigns, asking members of the public to test their awareness of what they are viewing. We encourage you to watch one eye-opening video below. Others can be found at http://www.awarenesstest.co.uk/.

We suggest that you watch for changes or unique placements on the screen. But even with this warning, many people have to be told how the scene changes. The message: we should all take a closer look as we travel among others in our daily lives.

Motorists should take a closer look on the roadways to make sure they see bicyclists and motorcyclists. Doing so will prevent motor vehicle accidents, bicycle accidents, motorcycle accidents and save lives.

Continue reading "Motorists, Please Help Prevent Accidents: Look Closer for Bicycles and Motorcycles" »

The Consumer Product Safety Commission (CPSC) has reannounced the recall of an unsafe baby stroller that is connected to 149 reported incidents, involving fingertip amputations, lacerations and other personal injuries.

The CPSC reannounced the product recall of Maclaren strollers sold from 1999 to November 2009. The recall was reannounced in cooperation with the distributor, Maclaren USA, Inc., of South Norwalk, Conn.

Approximately one million defective baby strollers were sold nationwide through various retailers, including Babies R Us and Target. The strollers are defective because they have a hinge mechanism that can amputate a child's fingers or cause a laceration when the consumer opens and unfolds the stroller.

The CPSC advises parents to stop using the defective baby stroller immediately and contact the company for a free repair kit, which includes a fabric cover for the hinge mechanism.

When the product was first recalled in 2009, the CPSC had received reports of 15 incidents, including 12 finger amputations. The CPSC made the reannouncement after the number climbed to 149, including 37 injuries that occurred after the 2009 recall. To date, the Maclaren stroller recall involves 17 overall reports of fingertip amputations as well as other serious personal injuries.

Parents can determine whether they have a defective children's product by checking to see if the word "Maclaren" is printed on the stroller. If so, they should contact the company.

The affected models are Volo, Triump, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveler. The recalled strollers are single and double umbrella models.

Models sold after May 2010 have a different hinge design and are not included in the product recall.

To learn more about contacting Maclaren, click here.

Continue reading "One Million Defective Baby Strollers Recalled" »

Bay State Bike Week is a good time to remember safety for Massachusetts bicyclists, motorists and all who travel the roads.

Motorists can commit to being vigilant in looking out for bicyclists this summer and slowing down. Bicyclists can ask whether they have taken all possible safety precautions.

These safety precautions must include bicycle helmets. Bicycle helmets are 85- to 88-percent effective in mitigating head and brain injuries in bike crashes, according to the National Highway Traffic and Safety Administration (NHTSA).

Nearly 70 percent of all fatal bike crashes involve head injuries, according to NHTSA figures. But only about 20 to 25 percent of all bicyclists wear helmets.

Individual states govern whether bicyclists must wear helmets. California was the first state to pass a bicycle helmet law in 1986. Twenty five years later, 21 other states have adopted laws aimed at cyclists under age 16. Fourteen states have no helmet laws, though the NHTSA recommends states adopt legislation.

Massachusetts requires helmets be worn by those 16 and younger while operating a bicycle or traveling on one as a passenger. Helmets must be approved by the Consumer Product Safety Commission.

Adults in Massachusetts and other states should not wait for the law to require them to wear helmets. In 2006, 773 bicyclists were killed and another 44,000 were injured in traffic crashes across the country. Children 14 and younger accounted for 98 of those fatalities, making this one of the most frequent causes of injury related death for young children. But the other 675 bicyclists were older and many of them could have also benefited from the protection of a bicycle helmet.

Click here for more information about bicycle helmet laws from the National Highway Traffic Safety Administration.

Continue reading "Helmets Protect Bicyclists of All Ages" »

The U.S. Consumer Product Safety Commission (CPSC) is urging parents to stop using a clip-on table top chair for children that poses a threat of detaching and causing serious injuries.

The CPSC reports it is aware of numerous incidents involving the "metoo" chairs imported by phil&teds USA Inc. of Fort Collins, Colorado. Children have suffered impact and head injuries when the chair detaches from the table and causes them to fall with it. Tens of thousands of chairs may have been distributed since May 2006 through Amazon, Buy Buy Baby, Target, Toys R Us and other merchants.

The company has refused to agree to a national product recall that is acceptable to the CPSC. The company has offered a repair kit for the defective products, but it is not approved by the CPSC.

The defective children's products consist of a nylon fabric seat and a metal frame that clamps to tables using two metal vise clamps. The upper part of each clamp rests on the table top and has either a rubber clamp pad on its underside or a rubber boot covering it.

The CPSC reports the chair's clamps can detach from a variety of table surfaces and when children move around or push their feet against other objects.

Another CPSC concern is the lack of plastic spacers between the horizontal metal bar and the clamps. If one side of the chair detaches, there is a risk for pinching and cutting children's fingers or causing possible amputation if fingers are caught between the defective chair and a table.

The CPSC states that the defective products have no product warning about the lack of plastic spacers. Some chair models have the spacers and are under evaluation by the CPSC.

Finally, the CPSC is concerned about misleading product packaging and instructions. The agency said the packaging actually shows the chair being used in a way that may lead to detachment from a table, but there is no instruction warning against this use.

Continue reading "Parents Urged to Stop Using Infant Child Chairs" »

It is prom and graduation season, an important time for parents to speak to their teenagers about the dangers of drinking and driving. While the priority is on our children's safety, parents also need to know about their own potential social host liability in Massachusetts if underage drinkers consume alcohol in their home.

It is well known that anyone under 21 who drinks alcohol in Massachusetts can be charged criminally, as can anyone who furnishes alcohol to a person under 21. But many people do not know that under the state's social host responsibility law , there are serious consequences for parents who allow teens and their friends to consume alcohol in their homes. Parents may face imprisonment and fines under the law as well as civil penalties.

"The most important reason to follow this law is the safety of our children and other travelers on the road," said Boston personal injury attorney Marc L. Breakstone, who has experience handling Massachusetts social host liability cases. "Even if the parents are not home and not aware of the illegal consumption of alcohol in their homes, they can still be criminally and civilly liable under this law."

Click here to read more about the Massachusetts social host responsibility law from the Boston, Massachsuetts premises liability lawyers at Breakstone, White & Gluck.

Continue reading "Parents Reminded of Social Host Liability in Prom Season" »

Motorcycling is a fun way to pass a sunny afternoon, but one that requires taking some safety precautions. Motorcyclist deaths have been rising in recent years - more than doubling in 2008 from the record low in 1977. The federal government estimates that per mile traveled, the number of deaths on motorcycles in 2007 was 37 times the number of people in cars.

These figures mean it is important to dress to protect yourself in case of motorcycle accidents.

Helmets: Helmets are especially important. They are 37 percent effective in preventing motorcycle deaths and 67 percent effective in preventing brain injuries, according to National Highway Traffic Safety Administration (NHTSA) figures.

Twenty states and Washington D.C. require all riders to wear motorcycle helmets, including Massachusetts and Vermont. New Hampshire has no motorcycle helmet law. Rhode Island, Maine and Connecticut have laws that require younger operators to wear helmets.

If you are looking for a helmet, look for one that meets Department of Transportation (DOT) standards. All adult-sized helmets have been required to meet these standards since 1980. Helmets may be additionally approved by the Snell Memorial Foundation, but this testing standard is voluntary for helmet manufacturers.

There are several types of helmets available on the market, but full-face helmets provide the most protection in case of motorcycle accidents. Other types of helmets include open-face helmets and "shorty" half-helmets. If you choose an open-face helmet, make sure to buy a pair of safety eyeglasses. Shorty half-helmets are generally not recommended because they leave a large area of your face and head exposed in motorcycle accidents.

Lastly, it's important to make sure you choose the right size helmet. If a motorcycle dealer isn't ordering your helmet for you, measure the largest part of your head with a tape measure and call the manufacturer. Most helmets are sold in small, medium, large or extra large, so tell the customer service representative your measurement and ask them what size helmet you need.

Clothing: When it comes to jackets and pants, choose the most sturdy materials for the most protection. Leather is considered the best, but denim and corduroy also work. If you worry about overheating, choose pants and vests with zippered vents. And remember, always wear gloves to protect your hands in case of a motorcycle accident or fall on the roadway.

Reflective Clothing: The more visible you are to other drivers, the better your chances are for avoiding a motorcycle accident. Wear brightly colored jackets and pants or reflective material that can be seen at all hours day or night.

Eye Protection: Many motorcyclists choose helmets with an approved shield covering their eyes. Others use separate safety goggles or shatterproof glasses. Make sure your eye protection is clean and unscratched each time before you start riding. If you use a tinted lens for the bright sun, be prepared. Take a clear lens as well in case your ride goes into the night.

Click here for more on state motorcycle helmet laws.

Click here for more information about motorcycle helmets and other safety gear from the Motorcycle Safety Foundation.

Continue reading "Motorcycle Safety Awareness Month Time to Consider Helmets and Safety Gear" »