Massachusetts Injury Lawyer Blog

The Consumer Product Safety Commission (CPSC) has implemented comprehensive new safety standards for baby cribs. The standards ban the sale of dangerous drop-side cribs and improve safety testing to prevent infant strangulation deaths.

The regulations took effect this week after the recall of over 11 million unsafe cribs since 2007. Over the past decade, at least 32 infants have suffered suffocation and strangulation deaths in defective baby cribs.

The CPSC is calling the new regulations the "most stringent crib safety standards in the world." The standards are important for parents to learn because the CPSC reports that even cribs without drop-sides are unlikely to meet the new standards.

The standards work to prevent infant deaths in several ways. In addition to banning the manufacturing or sale of drop-side cribs, the standards strengthen mattress supports and crib slats, make testing more rigorous and require crib hardware to have anti-loosening devices.

All importers, distributors, manufacturers and retailers must comply with the regulation immediately. Many large retailers such as Target and Walmart say they have already stopped selling drop-side cribs.

Certain businesses using cribs have a grace period for compliance: in-home child care services, child care facilities, rental companies and public accommodations such as hotels.

The CPSC said parents who want to keep using drop-side cribs can contact their manufacturer and ask if they offer an immobilizer. These devices secure drop-sides to prevent the crib from separating and causing an infant injury.

Parents with other types of cribs are urged to check their cribs as well. One of the reasons other cribs are unlikely to comply is the new standards require stronger wood and other materials. Parents who continue to use their existing cribs are urged to monitor recalls on the CPSC website at www.cpsc.gov.

Continue reading "New Crib Safety Standards Ban Sales of Drop-Sides" »

The Fourth of July is for outdoor family barbecues. But enjoying food safely in the warm weather requires planning. Each year, 48 million Americans are sickened by food poisoning - or one in six, according to the Centers for Disease Control. Of these, 180,000 are hospitalized and 3,000 die. The good news is food poisoning is preventable. If you are grilling for family and friends this holiday weekend, follow these few easy guidelines to keep your meal safe:

• Wash your hands thoroughly with soap and water before and after handling food. Washing hands afterward is just as important to prevent food poisoning.
• Make hand soap accessible indoors. Outdoors, keep hand sanitizer near your food. Encourage everyone cooking and eating to use it.
• Limit the amount of time food is left outside, especially mayonnaise-based salads.
• Marinate meats and other foods in the refrigerator, never on the counter.
• Never reuse sauce used to marinate raw meat, poultry or seafood. If you want to use the sauce in another way, set aside a separate portion before marinating.
• Use a food thermometer to make sure food is cooked thoroughly. Refer to the Safe Minimum Temperatures Chart for safe internal temperatures.
• Serve food at a safe temperature. Keep hot food at 140 degrees Fahrenheit or above until served. Serve cold food at 40 degrees Fahrenheit.
• Make sure to keep plenty of ice and coolers on hand. Maintain one cooler for beverages and one for raw meats, poultry and seafood. Keep a third cooler for cooked foods and raw fruits and vegetables.

Continue reading "Food Poisoning Warning for Fourth of July Cookouts" »

As families across the country celebrate Independence Day this weekend, many will enjoy tasty barbeques.

Family gatherings should be fun, but grilling can be dangerous without proper safety precautions. Each year, an estimated 3,800 people in the U.S. are treated in emergency rooms for burns, carbon monoxide poisoning and other injuries related to grilling, according to the Consumer Product Safety Commission (CPSC).

Grill safely with our tips for your holiday cookout:

• At the start of each season, inspect a gas grill's hoses for signs of cracking, holes and evidence of animal bites or insects. Replace damaged parts.


• Make sure the grill is clean before using. Regularly clean it throughout the season as described in the owner's manual.


• Always use grills outside.


• Never leave a grill unattended.


• Keep children away from the grill area. The outside surface of a grill can burn a children's hands.


• If a grease fire occurs, turn off the gas grill and use baking soda or a fire extinguisher to put out the blaze.


• Never store or use flammable liquids such as gasoline near a grill.


• Check the CPSC website to make sure you are not using a recalled grill.

Charcoal Grill Safety

• There are several ways to start a charcoal grill, including starter fluid, charcoal chimney starters and electric charcoal starters. Choose one method and become knowledgeable about it before starting your grill.


• If you use a starter fluid, use only charcoal starter fluid. Never add charcoal fluid or any other flammable liquids to the fire.


• Store charcoal starter fluid out of reach of children and away from heat sources.


• When you are finished grilling, let the charcoals completely cool before disposing them in a metal container.

Propane Tank Grilling Safety

• Transport your propane tank to the refill station or hardware store in a standing position. Use a box or order a special carrying case. Do not let passengers hold the tank. Do not do other errands when you are getting your propane tank filled.


• Never take a propane gas tank inside the refill facility or your home because of the risk for a gas explosion.


• Be sure the propane tank valve is closed when you disconnect it from the grill. Newer propane tanks have a safety device that will prevent gas flow from the tank when it is disconnected. But it is still a good idea to make sure the valve is closed.


• When you connect your propane tank to your grill, if you see fog or smell gas, it is a sign of a leak. This means there is a risk for a gas explosion. Stop what you are doing, move your family away from the property and contact your local fire department.


• Another way to test for a propane tank leak before each season is to open the gas supply valve fully. Apply a soapy solution with a brush at the connection point. If bubbles appear, there is a leak. Try tightening the tank's connection to see if the leak stops or contact a qualified gas professional.

Continue reading "Grill Safely This Independence Day" »

The Massachusetts Appeals Court recently ruled that Metropolitan Property and Casualty Insurance Company may have violated state law when it failed to make prompt payments on a no-fault claim. The ruling reversed a trial court decision, and remanded the matter to the trial court for further proceedings on the plaintiff's claims against the insurance company for bad faith.

Importantly, the court stated that the emotional distress the plaintiff claims she suffered could be considered as part of her damages under the Consumer Protection Act, M.G.L. c. 93A. There is very limited authority in Massachusetts for emotional distress damages in claims under M.G.L. c. 93A.

The facts of the case were straightforward. Ms. Chery was injured in a car accident and obtained medical treatment. Metropolitan was responsible for personal injury protection (PIP) benefits, but failed to pay the bills within thirty days, as required by M.G.L. c. 90, Sec. 34M. The plaintiff filed suit, claiming violations of c. 90, c. 93A, and c. 176D, which governs claims and settlements. The insurance company eventually paid the bills, then claimed it could not be liable for its bad faith claims handling. The District Court judge agreed and plaintiff appealed.

The Appeals Court agreed that the claimant had no further right under the insurance contact itself, as the bills had been paid. However, the court found that there was evidence of bad faith, and the simple payment of the bills did not cure the harm caused by the delay. Among other things, the plaintiff had to file suit, incur litigation expenses, and suffer the unreasonable delay. The plaintiff also claimed that she suffered emotional distress, as her bills were put into collection, and she worried about her credit being affected. The court specifically ruled that the emotional distress damages, even though not readily quantifiable, may be considered compensable under Massachusetts law.

The case was a victory for Massachusetts consumers.

The case is Chery v. Metropolitan Property and Casualty Insurance Company, Massachusetts Appeals Court No. 10-P-103 (June 16, 2011).

Continue reading "Massachusetts Court Rules Against Insurer in Bad Faith Case - Victory for Consumers" »

A popular bunk bed set is being recalled after a three-year-old boy became entrapped in the frame and died due to asphyxiation.

Big Lots of Columbus, Ohio is recalling 30,000 metal futon bunk beds sold at its stores nationwide from January 2009 through April 2010 for about $200.

The recalled beds have a convertible futon bed on the bottom with a metal ladder leading up to a twin-sized bed. The Consumer Product Safety Commission (CPSC) warns parents that children behind the futon or in the ladder area can become entrapped when the futon and its metal frame are lowered to the flat position.

In March 2010, a young boy from Burlington, Iowa suffered a wrongful death after his head and neck got caught in the bunk bed. The child was unable to breathe and died at the hospital due to compression asphyxiation.

An additional hazard is the space between the last rung on the defective bunk bed's ladder and the futon mattress is too small, posing a head and neck entrapment hazard.

The Big Lots recall involves metal futon beds with model number BFB1008 located on a label on the upper bunk. The defective beds were sold unassembled and were manufactured in China.

Consumers should immediately stop using the defective bunk beds. They can contact Big Lots for a free repair kit containing a new ladder and other parts.

Consumers can contact Big Lots at (866) 244-5687 during business hours Monday through Friday or visit the retailer's website at www.biglots.com.

Big Lots has stores throughout Massachusetts, including in Lynn, West Bridgewater, Franklin, Milford, Methuen, Attleboro, Raynham Center, Worcester, Fitchburg, Seekonk, Swansea, Dudley, Gardner, Springfield and Northampton.

Continue reading "Product Recall: Bunk Beds from Big Lots" »

Each year, more than 150,000 people lose their lives following surgery, even more than the number who die in motor vehicle accidents, according to The Checklist Manifesto by Dr. Atul Gawande. It is a hard number because the majority of surgical errors are preventable.

Gawande, a physician at Brigham & Women's Hospital, worked with the World Health Organization (WHO) to study use of safety checklists at a number of hospitals around the world. Within months, hospitals using the checklists saw major complications and injuries drop by 35 percent and deaths drop by 47 percent, Gawande reported in his 2010 book.

Many hospitals have since implemented use of the WHO surgical checklist or another protocol. On Wednesday, the Association of periOperative Registered Nurses (AORN) will bring the issue back into focus with "National Time Out Day."

During the Time Out process, the operating team stops before surgery, runs down the surgical safety checklist and confirms the identity of the patient, the procedure and site of the operation, along with other key information.

More than 300 professional organizations have endorsed the use of a Time Out protocol, but AORN is urging more hospitals to adopt the practice and for those who do to encourage greater participation among all members of the staff.

We encourage all hospitals, surgical teams and patients to pay attention to the safety checklist and Time Out process. If you're a patient, ask if your hospital uses a checklist. If your hospital doesn't, find another one. The checklist is critical to saving lives.

Learn About Surgical Safety Checklists
The best way to understand the Time Out process is to see it in action. Click to watch the following video.

Click here to look at the WHO Surgical Safety Checklist.

Click here to look at the AORN Comprehensive Surgical Checklist. This checklist is slightly longer because it brings the WHO checklist together with standards called for by the Joint Commission's Universal Protocol.

Continue reading "National Time Out Day: Eliminating Preventable Surgical Errors" »

With the warm weather coming to Massachusetts, our kids will be looking for the closest pool or swimming hole to cool off. Parents need to know the basic rules of safety so that a day at the pool or beach does not result in serious personal injury or death.

Each day, about 10 people die in unintentional drownings across the country, according to the Centers for Disease Control and Prevention. Many of these victims are young children. For every person who dies, many more are treated in hospitals for non-fatal submersion injuries. Alcohol use is involved in up to half of teen and adult deaths associated with water recreation.

Many of these injuries were preventable had parents followed the basic safety rules for pools and swimming, including:

• Residential pools must be secured by a fence at least four feet tall.
• Keep children away from pool drains, pipes and other openings to avoid entrapments.
• If you have a home spa, use a child-proof locked safety cover to keep children out.
• Before allowing kids to dive, make sure the water is at least 10 feet deep.
• Always watch your children when they are in the water, even if they know how to swim. Do not drink alcohol if you are supervising young swimmers.
• Adults watching a group of children swim should assign at least one adult to the exclusive task of watching the children.

Click here for the complete list of swimming and water safety tips from the Boston swimming pool accident lawyers at Breakstone, White & Gluck.

Continue reading "Pool and Swimming Tips to Avoid Injuries and Death" »

The winds that lifted three inflatable bounce houses and injured 13 people in New York this weekend have put the focus on amusement ride safety as summer begins.

A gust of wind picked up the inflatable bounce houses with children playing inside in Oceanside on Long Island. Parents and bystanders ran after the inflatable houses, trying to pin them to the ground but were knocked over. Eventually the houses came to the ground on their own.

Adults and children were transported to the hospital, but no one was seriously injured.

The incident follows two similar situations in Arizona. In February, an inflatable bounce house blew over a fence and onto a roof with two girls inside. One girl was seriously injured while the other suffered minor injuries. In April, four children were injured when the inflatable jumping castle they were playing in lifted up in a dust devil. The inflatable castle blew across a busy Tucson highway and landed in the median.

In March 2010, a five-year-old boy died after falling from an inflatable ride at a Wichita, Kansas entertainment complex.

The Consumer Product Safety Commission reports that between 2003 and 2007, 31,069 people went to the emergency room after being injured on inflatable amusement rides, including bounce houses and slides. Of these, 85 percent of those injured were under the age of 15. Injuries often occur when inflatables get unhinged or there are users of different sizes.

Amusement rides and backyard toys are a staple of summer, but have come under scrutiny for their safety risks in recent years. In 2004, a 38-year-old man was killed on an amusement park ride at a Shrewsbury, Massachusetts church fair. Two other people suffered personal injuries.

The Massachusetts Department of Public Safety investigated the amusement ride death and found that the man's lap restraint was defective. The state found other riders had complained about the restraint in the days prior to the death.

The state faulted the ride's operator, Jaro Amusements, for not keeping proper maintenance records. The employee who supervised the ride was charged with manslaughter and received 2 1/2 years probation. The victim's family filed a wrongful death lawsuit against Jaro Amusements, the supervisor and other parties.

What to Know About Amusement Park Safety

• All amusement park rides must be inspected annually.


• Do not visit amusement parks or use inflatable rides in windy or rainy weather.


• When waiting in line for a ride, check the equipment. Are riders wearing seat belts and other safety equipment? Listen to people exiting the ride to hear if they complain about the equipment. If you have a bad feeling, step out of line.


• Amusement riders have a responsibility to exercise good judgment. This means obeying verbal instructions and warnings from ride operators, not riding under the influence of alcohol and drugs and not disabling safety devices.


• If you are injured on an amusement ride, the operator must report it to the state Department of Public Health. This includes injuries caused by small rented inflatable rides used at backyard birthday parties and other events.

What to Know About Rented Inflatable Amusement Rides

• If you are renting an inflatable device or other amusement ride, ask the owner when it was last inspected.


• Carefully inspect the rented piece of equipment for excessively worn and damaged materials. Do not accept it in poor condition.


• Listen carefully to the set-up instructions provided by the company renting the device.


• Limit the number of users at one time to avoid injuries.

What to Know About Backyard Trampoline Safety
Backyard trampolines may look fun, but they come with dangers. In 2008, trampoline injuries sent an estimated 100,000 victims to emergency rooms with serious injuries such as spinal cord injuries, broken bones and head injuries. In some cases, victims have been permanently paralyzed.

• Never let children jump on the trampoline without adult supervision.


• Children under the age of 6 should never use a trampoline. The journal Pediatrics calls children this age "top-heavy" and said when they fall on trampolines, they often suffer head injuries.


• Only one person should jump at a time.


• Do not allow flips or somersaults. The Consumer Product Safety Commission reports this is one of the leading causes of trampoline injuries.


• Install safety netting around the trampoline, but advise users the netting does not mean they can do flips or other unsafe maneuvers. Carefully explain they cannot bounce off it in any way.


• Cover the trampoline's steel rim and springs with a safety pad so users do not fall through the openings. Do not allow people to sit on the safety pad.


• Users should step onto the trampoline and step off. They should never jump off. This could lead to trampoline accidents.


• Follow the manufacturer's recommendations for when to replace parts. Different parts have different lifespans and failure to replace could result in serious personal injury.

Continue reading "Attention on Amusement Park Injuries" »

Parents are advised to check their children's bicycle helmets after a widespread recall involving popular models sold at Walmart and Amazon.com.

Bell Sports of Scotts Valley, California is recalling 33,600 of its Bell Exodus full-face helmets with a plastic buckle on the chinstrap. The defective bike helmets have an angled visor and were sold in multiple colors in youth size. They were sold at Walmart stores and Amazon.com for $50 to $60 between August 2009 and March 2011.

The helmets pose a head injury hazard in the event of bike accident. The plastic buckle that connects the chin straps can fail and cause the helmet to fall off the person's head, leaving them unprotected in bicycle accidents. The company has received one report of a buckle failing, resulting in a personal injury that required facial stitches.

Some 31,100 of the defective bike helmets were sold across Massachusetts and the United States. Another 2,500 helmets were sold in Canada.

Consumers are advised to stop using the helmets immediately. Click here to view a list of the recalled model numbers.

Contact Bell Sports if you have a defective helmet and request a free replacement. Call Bell Sports toll-free at 866-892-6059 between 8 a.m. and 5 p.m. CT Monday through Friday.

Continue reading "Youth Bicycle Helmets Recalled" »