Massachusetts Injury Lawyer Blog

About 21,000 inflatable swimming pool slides are being recalled after the death of a 29-year-old woman in Massachusetts and two other people sustained serious personal injuries.

The Consumer Product Safety Commission (CPSC), Walmart of Bentonville, Ark. and Toys R Us Inc., of Wayne, NJ announced the recall Thursday, May 10. The Banzai inflatable water slides are designed for use with in-ground pools, but the CPSC says they pose a risk for injury. They can deflate and a user can hit the cement ground underneath the slide. The slide is also unsecure and can fall over, in both windy and still conditions. Finally, it carries inadequate warnings and instructions for users.

The CPSC is aware of one death and two serious personal injuries. In one case, a 29-year-old Colorado mother died in Andover, to the north of Boston. The woman died after going down a Banzai inflatable slide and hitting her head on the pavement below. The slide had been partially deflated.

The two injuries occurred in a similar manner, one leaving a 24-year-old man from Springfield, Mo. a quadriplegic. In a third case, an Allentown, Pa. woman fractured her neck.

The recalled pool slides were manufactured in China by Manley Toys, Ltd. and sold at Walmart and Toys R Us stores nationwide from January 2005 through June 2009. The defective product was sold for about $250. The vinyl slides have a blue base, yellow sliding mat and an arch going over the slide. The words 'Banzai Splash' are printed on the side of the defective slide.

The CPSC urges consumers to immediately stop using the defective product and return it to a Walmart or Toys R Us for a full refund. Consumers can also cut out the two safety warnings on the slide and return those for a refund. For additional information, visit www.walmart.com and www.toysrus.com.

Consumers can determine whether they have the slide by clicking here to look at pictures posted by the CPSC. If you still have the box and packaging, look for barcode number 2675315734 and model number 15734.

Continue reading "Defective Pool Slide Kills Woman in Andover, Mass." »

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" »

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 warm weather is here and that means many Massachusetts residents can be found poolside. The pool is a fun spot for all ages, but it also poses safety risks. These risks can be reduced by the use of good judgment and common sense.

We want you and your loved ones to be safe. Sadly, each year, more than 300 children under 5 years old drown in residential swimming pools - often pools belonging to their own family. More than 2,000 children the same age are treated in hospital emergency rooms for pool-related injuries.

Here are common sense safety tips to help keep your family safe around the swimming pool:

• Learn CPR and make sure babysitters and older siblings have CPR training.


• Do not allow children to swim without supervision, even if they have attended swimming lessons.


• If a child is missing, check the pool first. Seconds count in preventing death or disability.


• Install a fence or barrier around your pool. The fence should be at least 4 feet high and have a self-closing, self-latching gate.


• If the fence is chain link, then no part of the diamond-shaped opening should be larger than 1-3/4 inches.


• Install a pool alarm to alert an adult when someone enters the pool area unauthorized. A key pad switch alarm allows adults to pass through without setting off the alarm.


• Keep rescue equipment and a phone with emergency numbers by the pool.


• If there are multiple adults at the pool, designate one person the pool-watcher to avoid distractions.


• Ladders leading from the pool to the ground or to a pool deck should be locked or removed when the pool is out of use.


• Remove toys that may attract children from in and around the pool when they are not in use.

Continue reading "Be Safe in Massachusetts Pools This Summer" »

Summer is here and that means it is time to enjoy the pool - and think safety. Each year, thousands of children are injured in the pool and hundreds lose their lives in drowning incidents. So while we want you to enjoy your pool this summer, we ask you to commit to protecting your children and family.

Keep these safety tips in mind:

• Supervise children at all times. If you're in a group, it's easy to get distracted so consider designating someone a "pool watcher."
• Learn how to swim and teach your children.
• Get CPR training.
• Keep a phone with you at the pool.
• Make sure you have proper rescue equipment and keep it nearby.
• Keep your pool inside a fence at least four-feet tall and secure it with a durable lock when not in use.
• Remember small children can drown in kiddie pools and watch them accordingly.
• Check your pool's drains. Suction from a pool's drain can be powerful enough to trap both children and adults underwater. Do not use any pool or spa with broken or missing drain covers. At community pools, ask the operator if the pool complies with the Pool and Spa Safety Act.

Why it's important:

• Pools were involved in the overwhelming majority of emergency room visits for drownings and submersion injuries from 2006 to 2008 across the country. They accounted for the majority of reported drowning fatalities from 2004 to 2006.
• From 2006 to 2008, there were on average 3,100 pool and spa related emergency department visits nationwide involving drowning injuries.
• Children ages one and two accounted for 62 percent of drowning injuries from 2006 to 2008 nationwide.

For more information on pool safety, visit www.poolsafety.gov.

The statistics from this article come from the Consumer Product Safety Commission and is available here.

Continue reading "Thinking Pool Safety Saves Lives" »

As it finally cracks 50 degrees and Massachusetts residents get their first taste of spring, everyone is heading outside. Enjoy the nice weather tending to the yard and pedaling your bike, but don't forget to avoid personal injuries.  Here are some ways you and your family can avoid personal injuries:

Swimming Pool Safety

On a hot humid Boston day, a swimming pool can be an oasis.  However, swimming pools can be hazardous for young children.  Adults should keep a close eye on children, whether in or near the water.  Home pools should be surrounded by a fence that is at least 5 five feet high and self latches.  When not in use, the pool fence should be locked.  Keep the area around the pool free of clutter that can cause someone to trip.  Poolside rescue equipment- such as 10-12 foot rescue pole and a ring buoy with line- should be kept close by.  Keep a life vest close by and outfit all poor swimmers with a life vest.  Be aware that the suction from pool drains can entrap swimmers underwater.  Finally, keep pool chemicals in a safe place, out of reach of children.

Lawnmower Safety

Lawnmower safety starts with the proper shoes. Although it feels great to slip into sandals after months in boots, always wear sturdy shoes when operating a lawnmower along with eye and hearing protection. The next rule of lawnmower safety is to survey the yard for sticks, stones, and other objects that can go flying when struck by a lawnmower blade.  Use a mower that will stop moving forward and will stop the blades' movement if the handle is released.  Wait for the blades to stop before crossing a street or trying to remove the grass catcher or discharge chute.  Start and refuel motors outside on the yard, rather than in the garage.  Finally, never let children under 12 operate a handheld mower or under 16 operate a ride-on mower.

Bicycle Safety

Adults and children alike should wear helmets when riding bikes.  Helmets prevent serious injuries and can keep a bike accident from being a fatal accident.  Helmets should be worn level on the head with the chin strap secured so the helmet cannot move.  Also, when purchasing a bike for your child, make sure the bike is the right size for the child.  An oversized bike can be hard to control and dangerous.

Playground Safety

Anyone who has ever fallen off a slide or slipped off the monkey bars knows there are significant risks for personal injuries at the playground.  Always keep a watchful eye on children.  If putting together playground equipment, make sure the equipment is assembled according to instructions and weighted to the ground.  Periodically check for loose, rusted, or sharp pieces.  Install safety padding, mats, or soft fill material beneath playground equipment, extending out six feet on all sides.  Do not allow children to attach ropes to the playground equipment to avoid strangulation hazards and accidents if the rope comes loose.  Make sure walls and fences are at least six feet away from all playground equipment.

For more tips on keeping your family safe this spring and summer, see the following websites:

Home Safety Council (Pool Safety)

US Consumer Product Safety Commission (Pool Safety)

Department of Transportation (Bike Safety)

HealthyChildren.Org (Lawnmover Safety)

Continue reading "Massachusetts Safety Tips for Enjoying the Warm Weather" »