Massachusetts Injury Lawyer Blog

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" »

A surprising study published last month revealed that one child in the U.S. dies every five days in portable swimming pools during the warm weather months.

The study published in the journal Pediatrics challenges the popular idea that in-ground swimming pools pose a much larger safety risk. This study is significant because drowning has become the second leading cause of death among children age one to 14, according to the Centers for Disease Control.

The study reports 209 deaths and 35 near-drownings of children under 12 in portable pools from 2001 through 2009. More than 90 percent of the children were under 5 and 81 percent of the swimming pool accidents occurred during the summer months.

The study's classification of portable pools includes small wading pools less than 18 inches deep, inflatable pools and other soft-sided pools up to four feet deep.

The study was conducted by National Hospital and Independent Safety Consulting in Rockville, Maryland. Researchers say the findings are comparable to in-ground pool drownings.

Researchers say owners of portable pools often fail to take the same safety precautions as those who own in-ground pools. They set pools up quickly without taking the time to install fencing, pool alarms, safety covers and lockable ladders.

The numbers also show in many cases, children are swimming in portable pools without adult supervision. Children were supervised by parents in only 43 percent of the drownings and swimming pool accidents. Parents were home 73 percent of the time.

Click here to read more about the study in The Boston Globe.

Continue reading "Study: One Child Dies in Portable Pools Every Five Days" »

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" »

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" »

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" »

By David White

Continue reading "Commercial Landlord Liability for Personal Injury Expanded In Massachusetts" »

With near record levels of snowfall across Massachusetts this winter, the state has seen many car accidents, over 100 roof collapses and many school closures. These challenges follow Papadopoulos v. Target Corp., the 2010 Massachusetts court ruling which raised the legal burden on Massachusetts property owners to clear snow and ice.

With the ruling, Massachusetts property owners must take reasonable care to remove all snow and ice from their property or be found liable for resulting injuries from snow and ice falls. Previously, property owners were not liable for injuries resulting from natural accumulations. While a new law often faces challenges in the first few months, this extreme winter has added many unexpected turns.

Attorney David W. White of Breakstone, White & Gluck and Attorney James T. Scamby of Tucker, Heifetz & Saltzman joined Legal Talk Network and co-host Bob Ambrogi this week to discuss what the new law means in this extreme winter.

Click here to hear the podcast.

Click here to learn more about the show and news stories about Massachusetts' snow and ice law.

Continue reading "Attorney David White Discusses Snow and Ice Law on Legal Talk Network" »

Massachusetts commuters struggled through a hard January, as a record four feet of snow slammed the region, making for dangerous drives, difficult walking and weary spirits.

As February moves in, both the snowbanks and frustrations keep growing - making it even more important to plan before heading outside, especially if you commute to work.

The risk for car accidents increases in the snow and approximately 70 percent of all winter deaths related to snow and ice occur in automobiles, according to the Massachusetts Emergency Management Agency.

Here are our some safety tips from the Boston personal injury lawyers at Breakstone, White & Gluck:

• Have a well-stocked Winter Emergency Car Kit. It should include a flashlight with extra batteries, cell phone charger, first-aid kit, windshield scraper and brush, shovel and a brightly colored cloth to use as a flag. Click here for other items to include.


• Consider public transportation.


• If you drive, travel during daylight hours. Consider commuting with a co-worker on the most difficult days.


• Slow down on the road. Many times, hazards such as black ice cannot be seen until it's too late.


• Be extra cautious driving around bends in the road. The tall snowbanks have narrowed the roadways, leaving less room for both you and other cars, increasing the chance for car accidents on snow and ice.


• Give the snow plows extra room to work.


• Be aware you may have to slow down for pedestrians in areas where sidewalks aren't shoveled.


• Keep your car's gas tank at least half-full.


• Make sure your car has good winter tires with adequate tread and pressure.


• If you do have to stop your car on the highway, stay calm. Pull off the road and turn off the hazard lights. Take the brightly colored distress flag from your snow emergency kit and tie it to your radio antenna or window. Call the local police and your local auto club for assistance.

Continue reading "Driving Safely On The Roads This Winter" »

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" »

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

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

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

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

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

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


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


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


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


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


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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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


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


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


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

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

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

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

Heading back to school is always a big event, no matter how old a student is. Students look forward to meeting new teachers, starting new classes and being reunited with friends.

But all this activity brings safety concerns. Yet if parents, teachers and students recognize the risks and work together, the Back-to-School season can be an enriching time. Here are some tips to keep your children safe:

Playgrounds. Each year, more than 200,000 children are treated in U.S. emergency rooms for falls on the playground. The goal is to implement preventative measures in your playground and make it as safe as possible if falls do occur.

Start by inspecting playground equipment for any defective or broken parts.There should be a 12-inch depth of wood chips, mulch or sand. Mats should be made of safety-tested rubber or fiber material to prevent head injury if a child falls.

Drawstrings on Jackets and Sweatshirts. Many pieces of fall clothing come with drawstrings. Most people think nothing of these until a child endangers himself or a classmate, often unknowingly.

Prevent a dangerous situation where a child gets strangled. Remove drawstrings on hoods. Cut drawstrings from the waist or bottom of jackets, coats and sweatshirts to three inches.

Loops on Window Blind Cords. Visit your child's classroom to ensure it's a safe environment. Look at the windows to see if they have blinds with a long cord. If there are blinds with cords, this is a safety hazard. A child could strangle himself when the teacher's not looking or swallow the plastic piece at the end of the cord.

Bikes. Many students ride their bicycles to school. It's important for drivers to watch out for them, but parents also need to educate students on how to avoid bike accidents. The first rules is bike helmets. Massachusetts has a mandatory bike law for minors under 16. Beyond the law, bike helmets prevent and reduce head injuries should your child take a fall.

To learn more about school safety, visit the Consumer Product Safety Commission web page, "American Goes Back to School Program."

Continue reading "Time to Think Back to School Safety" »

A recent Boston Globe editorial sheds an important light on how to prevent pool drownings.

The editorial points out that many states already have strong pool safety laws. For example, Massachusetts and nine other states have laws requiring fencing around pools. Safety groups also recommend pool gates be self-closing, self-latching and equipped with an alarm. Angelo Puppolo Jr., a state representative from Springfield, has further proposed mandating motion-detecting pool alarms and other safety measures.

The Consumer Product Safety Commission calls these steps, "layers of protection" and it's an important concept to think about incorporating into your backyard pool - regardless of whether you have children.

The Boston Globe editorial, however, points out pool safety goes beyond the "layers of protection" strategy. Here's a startling statistic shared in the editorial: nine out of 10 children who drown are being supervised by a parent or caregiver at the time.

This means we need to rethink how we supervise children in the pool. Listening while a child plays in the pool may not be enough. Drowning children are struggling to breathe, unable to call for help. Rather than splash, children will sink to the bottom of the pool.

When with a group of adults, the Consumer Product Safety Commission recommends designating someone the "pool watcher." But with more than one child, the more eyes the better.

Read the Boston Globe editorial, "Pool Safety: Eyes on Kids at All Times," Aug. 4, 2010

Read another Boston Globe article, "Drownings Put Focus on Pool Safety," Aug. 7, 2010

Continue reading "Shedding an Important Light on Pool Safety" »

The Massachusetts social host law was back in the media this weekend when a mother and son were arrested following a large underage drinking party at their Cohasset home.

Police found 30 people at the Deep Run Road gathering. The mother was charged with furnishing alcohol to minors under the social host law, keeping a disorderly house and disturbing the peace. Her 18-year-old son was charged with furnishing alcohol to minors and being a minor in possession of alcohol.

The Massachusetts social host law was passed in 2000 after the 1996 death of a Marshfield teen. The teen had been drinking at a Cohasset graduation party and left with a blood alcohol limit of .19, crashing his car.

In that case, the homeowner was at the party but acquitted of providing alcohol to a minor. This was in part because underage guests helped themselves to unsupervised alcohol and were not offered drinks.

The social host law now holds Massachusetts homeowners and their teenagers more accountable. It is against the law to serve minors alcohol and allow them to consume it on any premises you control. The penalty is a fine up to $2,000, imprisonment for a year or both.

A person charged under the law can expect to face a civil lawsuit as well. If an underage guest leaves a party and causes a motor vehicle accident involving personal injury or death, both the underage guest and the party host may be liable.

When two or more parties are found civilly liable, any one of them may be required to pay the full judgment if the other party or parties cannot afford to pay.

Continue reading "Massachusetts Social Host Law Holds Property Owners Accountable for Underage Drinking" »