Massachusetts Injury Lawyer Blog

May has arrived and as motorcycling season begins, the National Highway Traffic Safety Administration (NHTSA) is observing Motorcycle Safety Awareness Month.

The national initiative aims to encourage drivers and motorcyclists to "share the road" and highlights that motorcycles are vehicles with the same rights and privileges as any other motor vehicle on the road.

This is an important point because most motorcycle accidents involve passenger vehicles and trucks. Many motorcycle accidents result from a lack of understanding and awareness on the part of both or either party. Many times, drivers will say they fail to see motorcyclists until just before an accident.

In 2009, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash, according to the NHTSA. Motorcyclists were five times more likely to be injured based on miles traveled.

But motorcyclists can take a number of safety steps to protect themselves on the road. The Boston motorcycle accident lawyers at Breakstone, White & Gluck share a few motorcycle safety tips:

Wear a Helmet. Wearing a helmet is the best way to protect yourself from serious head injury. An unhelmeted motorcyclist is 40 percent more likely to suffer a fatal head injury in a motorcycle crash than one wearing a helmet, according to the NHTSA. Massachusetts is one of 19 states which require all motorcyclists to wear helmets. State law also requires all scooter and "low-power" riders to wear helmets.

Select a full-face helmet for the best protection. An open-faced helmet provides the next highest level of safety.

To select the right helmet, look for one which meets Department of Transportation (DOT) standards. All adult helmets are required to meet this standard and it will be clearly labeled on the helmet. The Snell Memorial Foundation is another well-respected testing organization to seek out, but helmet manufacturers are not required to meet its standards.

Take a Safety Class. Take an annual class on motorcycling safety to learn important techniques such as splitting lanes and how to handle road conditions such as uneven pavement and railroad tracks.

Wear Brightly Colored Clothing. Your goal is to make yourself as visible as possible to drivers during the day as well as night. Consider bright colors for your clothing and helmet.

Look in the Car's Side View Mirrors. On the road, your best position is to be able to see the driver's eyes in the side view mirror. If you cannot, you are in the vehicle's blind spot, meaning the driver cannot see you in the mirror when he makes a driving decision.

Splitting Lanes. This is when a motorcycle moves in between two vehicles in separate lanes. Make sure you have the experience to make this move and make sure drivers around you are alert.

Avoid Riding in Inclement Weather. The risk for injuries increase in the rain and other bad weather conditions.

Related:

• Motorcycles, National Highway Traffic Safety Administration


• What to Do If You're In a Motorcycle Accident


• Motorcycle Tips for Sharing the Road, Massachusetts Department of Transportation


• Motorcycle and Bicycle Helmet Use Laws, Insurance Institute for Highway Safety


• Motorcycle Safety Awareness Month Reminds Drivers, Riders to Share the Road, Consumer Reports

Continue reading "Motorcycle Accidents Are Top Concern During Motorcycle Safety Awareness Month" »

As prom and graduation season begins, It is important for parents to speak to their teenagers about the dangers of drinking and driving. While our children's safety is most important, parents who allow underage drinkers to consume alcohol in their home should also learn about their own potential social host liability under Massachusetts law.

Anyone under 21 who drinks or possesses alcohol in Massachusetts can be charged criminally. Anyone who furnishes alcohol to a person under the age of 21 can also be prosecuted.

But many people are unaware of their responsibilities under the Massachusetts social host responsibility law. Parents, teens and others who provide alcohol to teens and allow teens to consume alcohol in their home may face serious consequences, including imprisonment and fines.

"Safety is the most important point in any conversation about drinking and driving," said Boston attorney David W. White. "It is particularly important that parents have zero tolerance for underage drinking in their homes, and obviously they must not supply any alcohol to minors. Providing even a small amount of alcohol to an underage drinker may result in a large civil judgment if it contributes to an accident."

White urged parents to intervene to ensure that prom celebrations do not include alcohol and to make sure that prom season does not result in needless injuries or loss of life.

Click here for questions and answers about the Massachusetts social host responsibility law.

Continue reading "Massachusetts Social Host Law: Safety During Prom Season" »

A new report on a New York City elevator accident highlights the importance of safety on elevators, escalators and other equipment that transports the public.

While many elevators and escalators are used daily by large numbers of people, they pose a risk for injury when they are not properly maintained. The responsibility falls on manufacturers to produce safe products and building owners, management companies and city and state inspection officials to ensure machinery is kept up to code.

Elevator and escalator injuries and deaths are more common than the public may know. Each year, elevator accidents result in about 10,200 injuries and 27 deaths in the U.S. Escalator accidents result in about 17,000 injuries and 30 deaths.

One tragic case recently occurred in Massachusetts. In March 2011, a 4-year-old boy was killed after an escalator accident in the Sears at the Auburn Mall, near Worcester. The child was standing on the store's second floor when he grabbed the moving down rail of the escalator and was pulled through a gap between the Plexiglas divider and the escalator. He fell 18 feet onto a display case.

Investigators later learned that the gap between the Plexiglas and the elevator was 1-1/4 inch greater than code. After an investigation, two state escalator inspectors were fired, six were suspended and 26 others were reprimanded.

In December 2011, two women lost their lives in separate elevator accidents. On December 9 in California, a 48-year-old woman was killed on an elevator accident at Cal State Long Beach. She was killed when the elevator got stuck between the second and third floors and someone tried to help her escape. A 2000-pound car crashed down on her.

Just five days later in New York City, a 41-year-old advertising executive was killed in an elevator accident in a Midtown Manhattan office tower. The woman was killed after she stepped into an elevator which suddenly lurched upward with the doors still open. She was pinned to an elevator shaft between the first and second floor and pronounced dead at the scene. Two other people who were trapped in the elevator were rescued and treated for trauma.

The city released results of the investigation into the woman's death this week, finding that a maintenance crew had been repairing the elevator and utilized a special jump wire to bypass the elevator's safety system nine minutes before the woman's death. They then accidentally left it in place.

The investigation also found two other violations. First, the elevator repair crew never posted a warning that work was being performed. Second, the crew never called the city's Buildings Department before putting the elevator back in service.

The city has suspended the license of the company from performing maintenance, Transel, which services 2,500 elevators in New York City. The company has fired five mechanics.

Related:

• Transel Elevator Fires 5 After Report on Elevator Death, The Associated Press.


• Escalator fall leads to firings, suspensions, Worcester Telegram.


• ConsumerWatch.com on Elevators


• ConsumerWatch.com page on Escalators

Continue reading "Elevator Accident in New York City Leads to Firings, Suspensions" »

More than 1.7 million coffee makers have been recalled after reports some machines have sprayed hot liquid, leaving 37 people with second-degree burns.

The Tassimo Single-Cup Brewers were recalled Feb. 9 by BSH Home Appliances Corp. of Irvine, California. Some 835,000 machines were recalled in the United States and 900,000 were recalled in Canada. The California manufacturer recalled the defective product voluntarily along with the Consumer Product Safety Commission (CPSC) and Health Canada.

The brewers are defective because they can burst and spray hot liquid and coffee grounds or tea leaves onto consumers. There were a total of 140 reports of the brewers spraying hot liquid. Among the 37 second-degree burns was a 10-year-old Minnesota girl who suffered serious facial and neck burns which required her to be hospitalized.

The defective coffee makers carried the brand names of Bosch and Tassimo Professional Brewers. The Bosch brewers were sold in several colors to consumers between the dates of June 2008 and February 2012 for between $100 and $250. The Tassimo Professional was sold on in black, directly to hotels and food service providers. The brewers were manufactured in Slovenia and China.

Consumers are advised to stop using the recalled coffee makers immediately and contact the firm to order a free replacement T Disc holder part to fix the mechanism. This is the part of the machine that holds the single serve coffee cup.

Consumers can visit www.tassimodirect.com/safetyrecall for the full list of recalled models and to request a replacement part. They can also call the firm toll-free at 866-918-8763.

Click here to read the recall notice from the CPSC.

Continue reading "Recalled Coffee Makers Burn Nearly 40 People" »

With the official start of winter just days away, it is a good time to get your home and automobile ready. While some types of home heating equipment require little preparation, it is best to review yours before the snowfall.

Winter home heating carries the risk for fires and carbon monoxide poisoning, which can result from a build-up of the invisible, poisoning gas. Each year, half of all home fires occur in the three months from December to February, when home heating equipment is most used. Some 1,500 Americans die each year from carbon monoxide poisoning, while more than 10,000 suffer carbon monoxide injuries, according to Children's Hospital Boston.

Smoke and Carbon Monoxide Detectors
Make sure your smoke detectors and carbon monoxide alarms are working and properly placed. Massachusetts requires smoke alarms be installed on every habitable level of a residence as well as in basements. Carbon monoxide detectors are also required on every habitable level of the home. Additional units are recommended outside of bedrooms and sleeping areas.

Chimneys
Get your chimney professionally cleaned once a year. Report any cracks or water leaking. Fall is the best time for a cleaning. Creosote can build up in the chimney over time, lead to blockages and produce carbon monoxide. Creosote is created when firewood does not burn correctly, when wet or soft wood is placed in the fireplace and by closing the fireplace before the wood is fully burned.

Fireplaces
Open the fireplace damper before lighting and keep it open until the ashes are cool. Never close the damper before going to bed if the ashes are still warm. An open damper may prevent the build-up of poisoning gases. Light your fire with matches. Never use gasoline, charcoal lighter or another fuel because the vapors can explode. Make sure you have no flammable materials near open flames.

Furnace Vents
Your heating system will likely have a vent on your home's exterior. The vent will have two pipes, one of which lets air in and one of which sends air back out. Make sure both of these pipes are kept clear of snow to avoid carbon monoxide from building up in your home.

Cars
Check your snow tires and decide whether you need new ones. Check your tires' air pressure using a gauge, which you can purchase at an auto parts store. Put an emergency kit inside your car and make sure it includes a neon-glow vest, snacks, a flash light and other essential supplies. Click for a full list of emergency safety supplies.

If you have a garage, make sure you do not warm up your car inside it with a closed door. Pull your car out and heat it in the driveway to prevent carbon monoxide poisoning.

For more information about winter safety, visit these sites:

Extreme Cold: A Prevention Guide to Promote Your Personal Health and Safety, Centers for Disease Control.

Home Safety Tips for a Safe and Healthy Winter, Home Safety Council.

Winter Safety Tips, The American Red Cross.

Continue reading "Carbon Monoxide Poisoning a Risk in Winter" »

Massachusetts police officers assigned to protect public safety at roadside construction details are increasingly becoming the victims of car accidents themselves.

On Dec. 5, a Peabody police officer was struck by a 1991 Chevrolet pick-up truck while working on a Rte. 1 construction detail. He was thrown over the truck's hood and transported to Massachusetts General Hospital with serious personal injuries. An initial police investigation found the driver was speeding, but it remains ongoing.

In recent years, negligent drivers have struck police officers on several construction details in Massachusetts and caused life-threatening personal injuries. In June 2010, state police Sgt. Douglas Weddleton was killed while working on a construction detail on Interstate 95 in Mansfield. The driver was charged with operating under the influence as well as other driving infractions.

Police officers are not the only ones vulnerable in construction site accidents. Construction workers as well as pedestrians, homeowners and others nearby are also at risk for injury, especially during night construction.

Drivers have a responsibility to operate with care in construction areas. Here are a few ways to make your travel safer:

Avoid Construction Zones If Possible. When you find a construction project on your daily commute, see if you can find an alternate route until work is complete. For projects in your local community, pay attention to your town's government website and contact the police department's business line if you have questions.

Identify Who Is In Charge of Traffic. Detail police officers typically direct traffic on many sites, but other work sites utilize civilian flaggers. The civilian flaggers should be dressed in fluorescent clothing and carrying traffic direction signs.

Give Other Drivers Space. Do not travel too closely behind other vehicles. It can be difficult to anticipate when another vehicle may stop short.

Slow Down. We all want to reach our destinations on time, but once you are stuck in construction traffic, it is best to take a deep breath and be as patient as possible to avoid a car accident.

Keep Your Eye on the Traffic. When there is a lot of activity going on at a construction site, there is a natural tendency to look at the crew and different machinery. But it is important to keep your eyes on the road.

Do Not Stop to Talk to the Detail Officer. Even if traffic volume is low, do not stop and ask the detail officer for help or directions. You are putting the officer at risk and confusing other drivers.

Avoid Construction Work Zones At Night. A large number of car accidents occur during night construction work because drivers are speeding, fatigued, operating under the influence or poor lighting.

Pedestrians and Cyclists. Like cars, it is also important for pedestrians and cyclists to follow the detail officer's instructions for when to pass.

Continue reading "Motor Vehicle Accidents at Massachusetts Police Details" »

Many people look forward to decorating homes and trees during the holiday season. It is important to remember safety when setting up Christmas trees, lights and ornaments so as to avoid accidents that can result in fires, injuries and deaths.

The holiday season is a prime time for fires. In Massachusetts, from 2002 to 2007, Christmas Day saw the second most number of residential fires of any day while Christmas Eve ranked ninth, according to the Office of the State Fire Marshal.

The Boston injury lawyers at Breakstone, White & Gluck offer these tips to help families enjoy the season safely and avoid accidents:

Christmas Tree Watering

• Do not pick up your Christmas tree immediately after Thanksgiving.


• Make sure you have an adequate size tree water stand.


• Learn how much watering your tree needs. In general, you should use one quart of water per day for each stem diameter. Ask your local fire department for more instructions.


• Remove your tree in a timely manner to avoid letting it dry out. Many communities offer special Christmas tree pickups after the holiday.


• Another option is to cut up your tree branches and place them over a garden.


• Do not leave your tree outside unattended overnight for teenagers and vandals to find.

Christmas Tree Holiday Lights

• Keep your tree at least three feet away from flame or heat sources, such as fireplaces and radiators. These pose a fire risk and will dry out your tree faster.


• Never put candles on or near your tree.


• Check your Christmas tree lights for broken bulbs. If one is damaged, remove the whole string to avoid a fire accident.


• Make sure your Christmas tree lights are designed for indoor use.


• Unplug Christmas tree lights when you leave the house or go to bed.


• Check if your Christmas tree lights have been tested for safety by a nationally recognized laboratory. If they have, they will be marked ETL, UL or CSA.


• Do not put too many lights on your tree. Check the box for the appropriate number of strings.


• Place your tree near a power outlet to reduce use of extension cords. Make sure extension cords have been marked UL to show they have been tested.


• If you have an artificial tree, check to see if it has the label "Fire Resistant."

Holiday Candles

• Use sturdy candle holders with flame-protective and non-combustible shades or globes.


• Never leave burning candles unattended.


• Place burning candles in the center of tables.


• Place burning candles at least four feet away from curtains, bedding and other flammables.


• Keep candles and matches away from children.


• When lighting candles, secure hair and clothing away from candles to prevent injuries.


• If you are lighting multiple candles, make sure you are aware of how much heat they generate.

Continue reading "Decorating Safely for the Holidays" »

An appeal by a plaintiff in a Massachusetts snow and ice slip-and-fall case has led to the opportunity for trial. The Massachusetts Appeals Court vacated the original judgment and remanded the case for further proceedings after finding that the judge erred in allowing the defendant's motion for summary judgment.

The case arose from a fall that occurred outside a McDonald's restaurant in 2007. The plaintiff, Mercilia Lindor, slipped and fell on an icy sidewalk outside the restaurant, breaking her foot. While still lying on the sidewalk, Lindor witnessed another man close by slip and fall to his knees. The conditions were so bad that emergency personnel at the scene had difficulty moving the plaintiff. They had to ask McDonald's employees to salt the area.

Prior to trial, McDonald's moved for a summary judgment, arguing that the ice outside the restaurant had accumulated naturally, and that under long-standing Massachusetts common law it was not liable for an accident occurring under those conditions. The plaintiff filed no opposition, and the judge allowed the defendant's motion, issuing the order on July 22, 2010.
The resulting judgment was entered on the docket on July 28, 2010.

Two days prior to this, however, on July 26, 2010, the Massachusetts Supreme Judicial Court decided the case of Papadopoulos v. Target Corp., in which it established a new standard for determining liability in cases of injury arising from ice and snow accidents: property owners must take "reasonable care" to remove all accumulations of ice and snow. This new standard does not require any distinction between "natural" and "unnatural" accumulations.

The Court also held that the ruling was retroactive, meaning it will be applied to all open and pending claims in which a judgment had not yet been entered. Although the judge issued an order for summary judgment prior to the Papadopoulos ruling, in Massachusetts a judgment is only considered final when a clerk dockets it. Fortunately for the plaintiff, this occurred on July 28, two days after the ruling in Papadopoulos. For this reason, the "reasonable care" standard established in Papadopoulos will apply to Lindor's case.

The Court decided that there was a genuine issue of fact as to whether McDonald's took "reasonable care" in protecting lawful visitors to the property, and as a result, the judgment was vacated, enabling Ms. Lindor to pursue her claim.

The case decided was Lindor v. McDonald's Restaurants of Massachusetts, Inc., Mass. App. Ct No. 10-P-1615 (November 10, 2011).

Continue reading "Snow and Ice Accident Appeal Leads to New Trial in Massachusetts Superior Court" »

At Thanksgiving, the focus is on enjoying good food and family. But attention must also be paid to fire safety because Thanksgiving sees more residential fire deaths, injuries and property damage than any other day of the year.

These fires are preventable with solid planning and good communication among those who are preparing the meal and others in the home. The Massachusetts personal injury lawyers at Breakstone, White & Gluck of Boston offer these tips to keep your holiday safe:

• Never leave food cooking unattended. If you have to leave the kitchen, turn the stove off or ask someone to watch the food.


• Make sure you have properly working smoke alarms near your kitchen.


• Keep oven mitts, wooden utensils, towels and other materials away from the stovetop.


• Use a timer to remind you when to stop cooking.


• Avoid using candles, especially near young children.


• Make sure cords to electrical tools and appliances, such as electric knives, are not dangling within reach of a child.


• Make sure children stay away from liquids and soft foods such as gravy and vegetables until they cool down. If these foods are too hot, they can cause skin burns.

What To Do If You Have A Cooking Fire
Keep a small fire extinguisher handy in your kitchen, either under the sink or close by in a closet. Inspect it periodically and make sure it is properly charged. If you have a cooking fire, it is best to call 911, wait outdoors for the fire department.

If it's an oven fire, turn off the heat and keep the door closed. For small grease fires, smother the fire by sliding the lid over the pan and turning off the stove top. Leave the pan covered until it is cool. Never use water to extinguish a grease fire. You could be badly burned.

If you try to put out the fire, be sure everyone else is out of the home and you have a clear exit path.

Continue reading "Cooking a Safe Thanksgiving Dinner" »

As the holidays approach, the lawyers at Breakstone, White & Gluck, PC urge you to shop carefully to avoid dangerous toys.

Each year, companies recall thousands of toys that put children at risk for injuries such as strangulation, lacerations, falls and death. According to the Consumer Product Safety Commission, the 34 toy recalls in fiscal 2011 were a marked decrease from 172 in 2008, but toy-related deaths rose slightly last year, with 17 children suffering wrongful deaths from defective toys.

In 2010, about 181,500 children were treated in emergency rooms for toy-related injuries. Non-motorized scooters continue to cause the most injuries, while toys with small parts and unsafe cords are also involved in many recalls.

Each year, a non-profit Boston organization, World Against Toys Causing Harm Inc., (WATCH) releases a list warning parents about the hazards of certain toys. The toys present hazards for burn injuries, strangulation injuries, and other bodily injury. This year's "WATCH's Most Dangerous Toys of 2011," includes:

1) The Incredible Shrinky Dinks Maker
Potential hazard: Possible electric shock and burn injuries.

2) Sword Fighting Jack Sparrow
Potential Hazard: Possible eye and other bodily injuries.

3) 'Gigan' Godzilla Figure
Potential hazard: Possible puncture wounds.

4) Twist 'n Sort
Potential hazard: Small parts cause a choking hazard.

5) Power Rangers Samurai Mega Blade
Potential hazard: Blade can cause injuries.

6) Fold and Go Trampoline
Potential hazard: Can cause injuries to people using it, including to the head and neck.

7) Pulling Animal Duck
Potential hazard: Potential for strangulation injuries.

8) School Bus
Potential hazard: Choking hazard.

9) Z-Curve Bow
Potential hazard: Danger to eyes.

10) Stepper 'Low Rise" Stilts
Potential hazard: Head and other injuries from impact.

Click here to read more about this year's WATCH list.

Related Entries

• Avoid Dangerous and Defective Toys During the Holiday Season, Dec. 4, 2008.
• Don't Buy Your Children These Toys This Holiday, Nov. 19, 2010.

Continue reading "Defective Products: The 10 Most Dangerous Toys of 2011 " »

Breakstone, White & Gluck announces its lawyers have been recognized as 2011 Super Lawyers by Boston Magazine. It is the eighth consecutive year the firm's lawyers have been honored.

Attorney Marc L. Breakstone has been selected as one of the Top 100 New England Super Lawyers for 2011 and one of the Top 100 Massachusetts Super Lawyers for 2011. This is the second time Attorney Breakstone has been selected as one of the Top 100 New England Super Lawyers and the fifth time he has been selected one of the Top 100 Massachusetts Super Lawyers. In addition, Attorney Breakstone has been named a 2011 Massachusetts Super Lawyer for the seventh year in a row. Attorney Breakstone is a graduate of Northeastern University School of Law and specializes in personal injury and medical malpractice cases. Click here to read his bio.

Attorney Ronald E. Gluck has been named a 2011 Massachusetts Super Lawyer. He was selected to the list for the seventh consecutive year. He was also selected to the list of New England Super Lawyers for the fifth year in a row. Attorney Gluck specializes in catastrophic personal injury cases stemming from automobile accidents, public transportation disasters, construction accidents and medical device and pharmaceutical product liability. He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.

Attorney David W. White has been named a 2011 Massachusetts Super Lawyer. He has been selected for the list each year since 2004. He has also been selected twice to the list of Top 100 New England Super Lawyers and four times to the list of Top 100 Massachusetts Super Lawyers. Attorney White is a graduate of Northeastern University School of Law and specializes in personal injury, medical malpractice and bicycle accident cases. Click here to read his bio.

About Breakstone, White & Gluck, PC
Breakstone, White & Gluck, PC, is a Boston law firm which represents injured plaintiffs in personal injury and medical malpractice cases. The firm has established a reputation as one of the top Massachusetts personal injury law firms. Notable cases include the case against a surgeon who left a patient on the operating table to cash a check, and several multi-million dollar cases arising from medical malpractice, EMT malpractice and motor vehicle accidents.

About Super Lawyers
Super Lawyers selects attorneys using a rigorous, multiphase process that includes peer nominations and evaluations and independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The object is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for counsel.

Continue reading "Breakstone, White & Gluck Honored as 2011 Super Lawyers" »

Halloween is a much-anticipated night for children across Massachusetts, who are excited about dressing up as ghosts and goblins, going trick-or-treating and attending costume parties. Parents have a responsibility to protect children by talking to them beforehand about appropriate behavior and dangers to avoid. Here, the Massachusetts personal injury attorneys at Breakstone, White & Gluck of Boston offer tips to help parents and all adults keep the Halloween experience safe and fun for our youth:

• Never let young children go trick-or-treating without adult supervision.
• Take children for a test run of the trick-or-treat walking route during daytime hours.
• Remind children to look both ways before crossing the street and to utilize crosswalks when possible.
• Parents and children should always walk on sidewalks.
• Children should carry flashlights or glow sticks and wear reflective tape.
• Watch out for trick-or-treaters! Drive below the speed limit in residential areas and do not pass stopped vehicles in the roadway.
• Inspect treats before consumption. Discard all homemade goods and candy that poses a choking hazard.
• At your home, leave candles, pumpkins and lanterns in a place where no one can trip and injure themselves.
• Make sure costumes are flame-resistant and will not cause children to fall or trip.
• Click here for information on safe costumes from the Consumer Product Safety Commission.

A New Warning About One Type of Halloween Candy
A new government warning issued this week caught many by surprise as families prepare for Halloween. The Food and Drug Administration (FDA) reported there is a link between black licorice and an irregular hearth rhythm. If you're 40 or older, eating two ounces of black licorice a day for at least two weeks could land you in the hospital with an irregular heart rhythm or arrhythmia.

The FDA says black licorice contains the compound glyrrhizin, which can cause the body's potassium levels to fall. This can trigger abnormal heart rhythms, high blood pressure, edema, lethargy and congestive heart failure.

The good news? Licorice lovers can enjoy their candy in moderation. And if you have ever enjoyed too much licorice and experienced health problems, they are unlikely to reoccur unless you once again eat more than the recommended licorice limit. The FDA says all health complications end when black licorice consumption stops.

Click here for more information about the FDA's Oct. 25, 2011 warning about black licorice.

Continue reading "Halloween Safety and a Warning About One Candy" »

Cambridge and Somerville are known as bike-friendly communities, but new state figures show they are also among the most dangerous places for cyclists in Massachusetts.

Cambridge saw 400 bicycle accidents involving cars from 2002 to 2009, according to The 2009 Top Crash Locations Report, which was recently released by the Massachusetts Department of Transportation. Over the past decade, the city had more bike-and-car crashes than any other community in Massachusetts, a recent Boston Herald review found.

Eight of the top 10 areas for bike crashes were in Cambridge. The state's most dangerous bicycling intersection was Inman Square in Cambridge and Somerville. From 2002 to 2009, there were 106 bike accidents around Hampshire and Cambridge streets.

Other Cambridge areas included several sections of Massachusetts Avenue, including through Alewife Brook Parkway on the Arlington border. Porter Square - at Massachusetts and Somerville avenues - had the third highest number of bike crashes.

The state's bicycling population is growing as infrastructure improvements continue and new bike share programs begin. Boston and Salem began bike share programs this summer, while Somerville is expected to launch its program next year.

With this growth and changes in Massachusetts bicycling laws in recent years, it is important for both drivers and cyclists to understand the law and follow it. Here the Boston bicycle accident lawyers at Breakstone, White & Gluck share some basic tips:

• Motorists are required to report accidents with bicyclists resulting in more than $1,000 in property damage or personal injury. It is a good practice to report all accidents in case pain and injuries arise later.
• Leaving the scene of an accident causing personal injury is a crime in Massachusetts punishable by up to two years in jail.
• Motorists are required to identify themselves and the owner of the vehicle to the cyclist, even when bike accidents are not reported to police.
• Bicyclists are required to report all accidents they are involved with that cause personal injury or $100 or more in damage.
• When a bicyclist is injured in a car accident, the driver's auto insurance provides up to $8,000 in Personal Injury Protection benefits (also known as no fault benefits). These benefits cover medical expenses and lost wages, even if the driver was not negligent
• If you are a cyclist, you can protect yourself by purchasing coverage for accidents. Coverage can be purchased through your car insurance policy.

Additional Bicycle Resources
Facts About Cycling in Massachusetts

What Every Massachusetts Bicyclist Needs to Know About Car Insurance

What to Do When Car and Bike Collide. Boston Globe. Sept. 25, 2011.

Continue reading "Cambridge Leads Massachusetts in Bike Accidents" »

Anyone who has recently purchased a $100 bike at Walmart wants to pay attention to a bicycle recall issued this week.

Bridgeway International of Naples, Florida has recalled 91,000 "NEXT"-branded men's 26-inch hybrid bicycles. The products have a defective bicycle chain that can break and cause the bicyclist to lose control and fall in a bicycle accident.

The importer is aware of 11 reported incidents, including nine involving lacerations and other personal injuries.

The bicycles are red and orange and are marked "Power X" and "Suspension." They were sold at Walmart from February 2011 through July 2011 for about $100. The model numbers are LBH2611M and LBH2611M2. The bicycles were manufactured in China.

Consumers are advised to stop using the recalled bicycles. They can contact the company for a free repair at 877-934-3228 or visit www.powerxbike.com for more information.

Defective Specialized Bicycle Recall. Separately, 14,200 bicycles with a defective brake component were recalled this week by Specialized Bicycle Components, Inc., a Morgan Hill, California distributor.

The bicycles have Advanced Group carbon forks and were manufactured by Advance Group, of Taiwan. The brake component housed within the bicycle's carbon fork can disengage from the fork, allowing the brakes to contact the wheel spokes while rotating, posing a risk for falls and bicycle accidents.

There have been two reports of brake components disengaging from the carbon fork. No injuries have been reported.

The bikes were sold at authorized specialized retailers nationwide from June 2010 through August 2011 for $700 to $2,000. Consumers should stop riding these bicycles and return them to an authorized specialized retailer for a free repair or replacement. More information is available at 877-808-8154 or www.specialized.com.

Continue reading "Walmart Recall of 91,000 Defective Bicycles; Specialized Also Issues Bike Recall" »

Consumers want to take note of two recent product safety announcements, one involving a popular blender sold at Target stores and another concerning an antinausea drug which has been linked to a potentially fatal heart rhythm.

Defective Blender: On Sept. 15, 2011, Target Corp. and manufacturer Select Brands, Inc. announced the recall of the Chefmate(r) 6-Speed Blender. Target and the Consumer Product Safety Commission have received 11 reports of the blender's blades separating from the pitcher. In seven cases, consumers using the recalled Target product suffered serious lacerations and injuries to fingers and hands.

Approximately 304,000 defective blenders were sold at Target stores in Massachusetts and nationwide between September 2007 and Febrauary 2011. The blenders have the model number BL-10.

Consumers are advised to return the recalled product to Target stores for a full refund or contact the store's guest relations department at 800-440-0680.

Drug Danger: Also on Sept. 15, the Food and Drug Administration (FDA) announced clinicians should avoid prescribing the drug ondansetron to patients with congenital long QT syndrome, which is a syndrome affecting the electrical functions of the heart. These patients are at risk for developing an abnormal and potentially fatal heart rhythm called torsades de pointes.

Ondansetron is widely known as Zofran, manufactured by GlasxoSmithKline. It is prescribed to prevent nausea and vomiting experienced during cancer chemotherapy, radiation therapy and surgery.

The FDA is revising the drug's label to warn about the risk for the heart arrythmia. It will include recommendations for electrocardiogram monitoring for patients with electrolyte abnormalities, congestive heart failure and bradyarrhythmias and for patients taking other medications.

The FDA is also requiring GlaxoSmithKline to conduct a study to determine the degree to which ondansetron may trigger the complications.

The Massachusetts product liability lawyers at Breakstone, White & Gluck are experienced in representing individuals injured by defective products, including defective medical devices and improperly used medications. If you have been injured, contact us toll-free at 800-379-1244 for a free legal consultation. You can also use our contact form.

Continue reading "Product Liability Warnings For Blender and Antinausea Drug" »