Massachusetts Injury Lawyer Blog

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" »

A new pilot program shows drivers in three Massachusetts communities are failing to stop for school buses, a violation of state law and a safety concern as students prepare to head back to school.

The program is underway in Medford, Quincy and Seekonk, where school buses have been equipped with video cameras behind the vehicle's long stop-sign arm. The cameras capture the license plates of cars which violate the law and cause school bus accidents.

In Medford, the cameras captured 112 motor vehicle violations in 105 days, according to The Boston Globe. Some 57 violations were recorded over 55 days in Quincy while Seekonk had 45 violations over 53 days.

Under Massachusetts law, drivers cannot be issued citations based solely on video evidence. A police officer or bus driver must observe the violation and testify to it. Fines start at $250 and drivers with two or more offenses can have their license revoked.

Massachusetts is one of many states that allow traffic cameras, but they are currently only used to catch toll-evading drivers on the Massachusetts Turnpike. Proposed legislation aims to prevent school bus accidents by allowing cities and towns to submit video footage as evidence.

Drivers can keep children safe and avoid motor vehicle citations by paying close attention this September. The Boston personal injury lawyers at Breakstone, White & Gluck offer these safety tips to prevent school bus accidents:

• State law requires drivers to stay at least 100 feet behind a school bus at all times.
• Drive slowly and watch for children walking in the street, especially in areas with no sidewalks.
• Watch for children playing at bus stops.
• Yellow flashing lights signal the bus is slowing down to stop.
• Red flashing lights and an extended arm indicate the bus is stopped to let children on or off.
• Do not start driving again until the stop arm folds back up and the bus starts moving.
• Do not attempt to pass a school bus.
• Watch for children when backing out of your driveway. If you see children, ask them to move to the sidewalk until you drive away.

Click here for the state law on driving near school buses in Massachusetts.

Click here for The Boston Globe article about the new pilot program.

Continue reading "Massachusetts Drivers Not Stopping for School Buses" »

Boston has a new bicycle sharing program, implemented on July 28th, and it is off to a great start. The program, which is known as Hubway, stations bicycles throughout the city at terminals. You can rent a bike for a short period of time, or become a member and have a year of privileges.

Hubway is another step in making Boston a bicycle-friendly city. The city, under the inspiration of Mayor Menino and with the guidance of Olympic cyclist and Bicycle Program Director Nicole Freedman (shown at right with David White, at the Government Center Hubway Station), has expanded its bicycle lanes and its bicycle parking, and it now has added convenient bicycle rentals. 

Hubway deploys 600 bicycles at around fifty stations around the city. A bike can be picked up at one station and parked at another, making the program convenient for commuters, students, and tourists. There is even an phone application called Spotcyle which gives up-to-the-minute data on which terminals have bikes or available parking docks.

David White, one of the attorneys at Breakstone, White & Gluck, called these efforts "great steps to making Boston a safer place to ride your bicycle." The program will also reduce pollution and promote fitness.

White explained, "Cycling becomes much safer as motorists become more aware of bicycles sharing the roadways. Populating the city with hundreds more bicycles will actually increase safety for all bicyclists."

Hubway also promotes safe cycling by urging cyclists to always wear a bicycle helmet, and to always observe traffic laws, which apply equally to bicyclists. 

White urges Boston cyclists to observe Massachusetts bicycle laws (read more here). He also urges cyclists to check their automobile insurance policies to make sure they have adequate uninsured and underinsured motorist coverage, which provides protection if there is a bicycle accident (read more here). 

Congratulations to the City of Boston and Hubway!

Every year, Massachusetts families and organizations come together to honor the men and women who are killed and injured while on the job. This year, on April 28, the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), the Massachusetts AFL-CIO, and the Greater Boston Labor Council are co-sponsoring Workers' Memorial Day and are publishing the 2011 report: Dying for Work in Massachusetts: Loss of Life and Limb in Massachusetts Workplaces.

"It is critical that Massachusetts employers improve the safety of their workplaces to protect their workers. The high rate of death and injury on the jobsite is still taking a horrible toll on Massachusetts workers and their families. It is also unfortunate that enforcement continues to suffer budget cuts," said Boston personal injury lawyer David White.

As stated in this sobering report, its purpose is to "highlight the fact that work continues to kill and maim workers in epidemic and alarming numbers. The saddest aspect to this loss in lives and limbs is that work-related injuries and illness are preventable."

The report describes in clear detail the tragedy facing Massachusetts workers and their families. In 2010 alone, 47 Massachusetts workers lost their lives while on the job. (Breakstone, White and Gluck has the privilege and honor of representing the family of one of these deceased workers in their claim for his pain and suffering and wrongful death while on the job.)

The top three causes of fatalities among Massachusetts workers in 2010 were transportation (12 deaths: drivers or workers on roads involved in motor vehicle accidents and plane/helicopter crashes), falls (9 deaths: half being construction site accidents), and commercial fishing (4 deaths).

On Workers' Memorial Day, we honor the fallen by demanding stronger workplace health and safety protections under the Occupational Health & Safety Administration, because it is every person's right to be safe in their own work environment.

Join us on Thursday April 28, 2011 from 12:15 to 1:15 p.m. outside the Massachusetts State House as we mourn for the dead and fight for the living.

Breakstone, White & Gluck is a proud sponsorof MassCOSH, an organization with a great reputation for protecting workers and improving workplace safety. 

Continue reading "Workers' Memorial Day in Massachusetts Remembers Workplace Victims" »

UPDATE

Jonathan's Sprouts of Rochester, MA, has widened the recall of its sprout products due to Salmonella contamination. The recall now includes all sell-by dates, including its conventional, organic, and bulk products. The recall includes other sprouts, such as radish, dill, and gourmet mix. Check below for stores where these products were sold. Do not eat them! Return them to the store for a refund.

More information: FDA Recall Press Release.

ORIGINAL POST

The USDA has found Salmonella, a dangerous bacteria related to food poisoning, in Jonathan's Alfalfa Sprouts products.

Salmonella

Continue reading "Salmonella in Alfalfa Sprouts Prompts Recall in Massachusetts" »

The Consumer Product Safety Commission (CPSC) has asked manufacturers to re-design window blinds so as to eliminate the risk of infant wrongful death from strangulation.

Window blind manufacturers have known about the problem for decades, starting with a federal study in the 1980s that tied 41 child strangulation deaths to drapery and blind cords.  Since then, manufacturers have dragged their feet when it comes to improving safety.

And infants are still dying. The NY Times reports that in August 2009, Kathleen Leeson put her 2-year-old son down for a nap.  A short time later, Ms. Leeson discovered her son hanging, lifeless, an inch off the floor with the window blind cord wrapped around his neck.  Further, in 2002 1-year-old Cheyenne Kaiser was found by her mother strangled sitting up in her crib, which was next to the window, with the inner window blind cord wrapped around her neck.

The CPSC has released a safety alert for concerned parents explaining the risk of personal injury and wrongful death to children from the various types of window blind cords.  In its safety alert, the CPSC makes four recommendations to help prevent these tragic strangulation injuries:

• Use only cordless window blinds in all homes where children live or visit;
• Do not place cribs, beds, or furniture close to windows where children can climb and gain access to the cords;
• Make all loose cords inaccessible; and
• In windows with looped bead chains or nylon cords, use tension devices to keep the cord taut.

Moreover, in response to the industry's unenthusiastic attempts at improving product safety, a task force of regulators, consumer advocates, and industry leaders have come together to find a solution by the fall of 2011.

The CPSC has also warned the window blind industry that, if it cannot reach a solution soon to minimize these life-threatening dangers, it may face mandatory safety regulations.

Continue reading "Window Blind Design Reconsidered After Numerous Infant Deaths" »

Over 7 million candles have been recalled due to concerns that the cup holding the candles could melt or catch fire.

The Consumer Product Safety Commission has stated that the defective products, tea light type candles, were sold under the brand names Chesapeake Bay Candle and Modern Light. 

The affected candles were sold in Massachusetts and nationwide at retailers such as Home Goods, Target, and Wegmans between July 2009 and February 2011.

The clear plastic cup holding the candles is at risk for melting or igniting during use.  There has been one consumer report of the candle's plastic cup melting during use.

Continue reading "Warning to Massachusetts Residents: Tea Light Candles Recalled Due to Holder Burn/Melt Risk" »

Continue reading "Surgical Checklists, Reducing Malpractice and Saving Patient Lives" »

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

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

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

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

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

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


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


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


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


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


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


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


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

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

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

Oil Heat Systems

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


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


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

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


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

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


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


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

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


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


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


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

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


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


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


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

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

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

Breakstone, White & Gluck congratulates MassCOSH for its tireless advocacy of a new law which bans flammable floor finishing product in Massachusetts. The law takes effect today.

The law bans the commercial use and sale of lacquer sealer, which can easily ignite and is linked to three deaths of floor finishers in house fires.

"This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction," said Marcy Goldstein-Gelb, executive director of MassCOSH (the Massachusetts Coalition for Occupational Safety and Health).

The law was filed at the urging of the industry-labor-community Floor Finishing Safety Task Force. The task force investigated two home fires in Somerville and Hull that killed three floor sanders and burned several others.

The task force was led by MassCOSH and Viet Aid. The floor refinishing industry in Massachusetts is largely concentrated in the Vietnamese community.

The Massachusetts Department of Public Health is disseminating new posters alerting floor finishing contractors across the state about the ban.

Breakstone, White & Gluck is a construction accident law firm, and is a proud sponsor of MassCOSH. Click here to learn more about MassCOSH.

Thanksgiving is the leading day for cooking fires in the United States. Three times more cooking fires occur on Thanksgiving than on the average day. In 2008, fire departments responded to 1,300 home cooking fire accidents on the holiday, compared to 420 on an average day, according to the National Fire Protection Association.

Cooking is a leading cause of fires year-round. Two out of every five home fires in the United States result from cooking. Between 2004 and 2008, an average of 460 people died in cooking fires. Three of every five people who suffered personal injury were hurt trying to extinguish the flames themselves.

Protect your home and family this holiday with these tips:

• Unattended cooking is the most common way kitchen fires get started. Do not leave the kitchen while using a stovetop. If you must leave, turn the stovetop off until you return.


• Be alert. Do not cook if you are tired or have consumed alcohol.


• Clear your stove of anything that could catch on fire, including oven mitts, utensils and towels.


• Use a cooking timer so you do not forget you are cooking.


• Do not leave the house when cooking.


• If you are deep frying, go outside. Do not stuff the turkey. When deep frying, use turkeys that are 12 pounds or less in size. Avoid using too much oil by doing a preliminary test using water. Place the turkey in the cooking utensil and add water to cover. When you remove the turkey, measure the amount of water. Use the same amount of oil.


• Do not cook your turkey in a brown paper bag from the grocery store. They are unsanitary, emit toxic fumes and may ignite under the flames. Use a commercial oven cooking bag.


• If you do have a cooking fire, leave quickly. Do not try to put out the fire yourself. Close the door to contain the fire. If you do attempt to fight the fire, make sure others leave and you have a clear exit.

Continue reading "Cook Safely This Thanksgiving" »

Thanksgiving is just a week away and that means the holiday shopping season is almost upon us. If you are shopping for children, we want to help you make safe buying decisions to avoid injuries to your children.

Here is the 2010 "10 Worst Toys" list, published by W.A.T.C.H. This year's list showcases toys that cause potential eye injuries, choking and even death.

• Spy Gear Split-Blaster
• Supasplat Splatbaster
• Buzz Magnets
• Kung Fu Panda Sword of Heroes
• Ballzillion Tug Boat Play Center
• My First Mini Cycle
• Pull Along Caterpillar
• Animal Alley Pony
• Big Bang Rocket
• Walkaroo II Aluminum Stilts

There are some other toys you may want to keep off your shopping list. They pose no safety hazard, but we believe they demonstrate bad taste and inappropriate marketing ideas.

Here is this year's "10 Controversial Toys That Won't Be On This Year's Wish Lists," published by Wallettop.com:

• Oreo Barbie
• Terrorist figurine
• Play-Doh Drill 'n Fill Playset
• My Cleaning Trolley
• Harry Potter and the Vibrating Broom
• Breast-Feeding Doll
• Airport Security Play Set
• Mommy's Boob Job
• Mattel's American Girl Homeless Girl
• "Crazy For You" Teddy Bear

The personal injury lawyers at Breakstone, White & Gluck wish you a happy and safe holiday shopping season!

For more information on toy safety, read this report from the American Association for Justice.

Continue reading "Don't Buy Your Children These Toys This Holiday" »

As the cold weather makes its return to Massachusetts, many people are bringing out the portable space heaters.

Always practice caution when using space heaters. Each year, space heaters cause death, injury and substantial property damage in both Massachusetts and across the country.

In 2007, U.S. fire departments responded to 66,400 home structure fires that involved heating equipment, according to the National Fire Protection Association. These fires killed 580 people, injured another 1,850, and were responsible for $608 million in direct property damage.

In Massachusetts, there were 57 space heater fires between 2004 and 2008, according to the Office of the State Fire Marshal. One in every six space heater fires caused a fatality.

The leading cause of space heater fires is when the appliance gets too close to combustible materials, such as furniture, carpeting or bedding.

If you are using a space heater this winter:

• Keep the space heater at least three feet away from flammable items, such as rugs, curtains, blankets or clothing.


• Use a space heater to supplement your furnace. A space heater should not be your primary source of heat. If you are worried about having your heat shut off, learn more about the state's Utility Shutoff Protection program.


• Do not leave a space heater in a room unattended while it is turned on or plugged in.


• Take caution not to use a space heater when you are sleepy. Many fires happen when someone falls asleep near a space heater.


• Do not allow small children near a space heater.


• Do not use an extension cord with your space heater. Many space heater fires start when an extension cord ignites a carpet, rug or wood floor. If an extension cord is needed, use one that is new and rated by the Underwriters Laboratory at 16-gauge or thicker.


• Purchase a space heater with an automatic shut off. This will stop the device from working if tipped over.


• Inspect your space heater for cracks and broken parts. If you see a problem, replace it before using.

For more information on space heater safety, visit the National Fire Protection Association's website.

Continue reading "Think Space Heater Safety" »

A new state report shows DCP Midstream, which distributed the unodorized propane that caused a deadly Norfolk condo explosion, also shipped dangerous propane to four gas facilities serving Massachusetts consumers.

The report was released by Attorney General Martha Coakley and State Fire Marshal Stephen Coan last week. It found DCP Midstream distributed under-odorized propane to four sites associated with Heritage Propane in Sandwich and Martha's Vineyard. DCP Midstream also had unodorized propane in five railcars at its Westfield facility. Federal and state laws require propane to have an additive known as mercaptan, which emits a strong odor.

The report was prepared this fall by an independent propane expert. Prior to the investigation, state investigators had found six other distributors in Massachusetts received deficient propane.

On July 13, a 48-year-old electrician was killed in a condominium explosion at The Village at River's Edge in Norfolk, Massachusetts. The complex had received unodorized propane distributed by DCP Midstream. There was a propane leak, but none of the workers at the scene that day were able to smell propane.

"We applaud the swift investigation by the Attorney General's office, and the findings of the Independent Examiner," said Marc Breakstone, the attorney for the electrician's family. "But this report does not answer the question of how odorless gas ended up in the environment at the explosion site. Only time and extensive discovery will reveal the truth about how this catastrophic explosion occurred."

State officials say the affected companies have all addressed the deficient propane. Independent testing will continue at DCP Midstream's facility for two years.

DCP Midstream began distributing the dangerous propane in Massachusetts in May 2010. The propane originated with Aux Sable Liquid Products of Illinois.

Click here to read the Attorney General's press release on the report about DCM Midstream's propane deliveries.

Click here for propane safety tips.

Continue reading "Propane Distributor Linked to More Odorless Propane" »