shopping mall parking lot

Parking lot crashes are more likely in Boston and Massachusetts this time of year, as holiday shoppers are out. What can you do to prevent accidents? Put down your cell phone, slow down and always watch for pedestrians.

When you finish your holiday shopping, and start to head home, you may be tempted to pick up your cell phone and call someone. But the parking lot is not a safe place and the holidays are not the season.

Unfortunately, car accident claims typically rise during the holidays, as many of us head out shopping or to enjoy holiday lights. According to the National Safety Council (NSC), the increase begins around Thanksgiving and Black Friday. We are now approaching one of the worst stretches, the days just before Christmas. 

At Breakstone, White & Gluck, our Boston personal injury lawyers urge you to travel slowly and set aside distractions to prevent parking lot crashes. Too many drivers are engaging in these distractions, according to this recent National Safety Council poll:

  • 66 percent of drivers nationwide said they would make phone calls while driving through parking lots.
  • Teens were less likely to make phone calls than adults (60 percent).
  • Another 63 percent said they would program GPS systems.
  • More than half, 56 percent, said they would text and 52 percent said they would use social media.
  • Another 50 percent said yes to sending or receiving e-mails, while 49 percent said they would take photos or watch videos.
  • More than half of all teens and adults also admitted they would take time for personal grooming (59 percent of teens; 53 percent of adults).

Tips for Preventing Parking Lot Crashes

  • Drive slowly. Give yourself plenty of time to react to pedestrians and other vehicles.
  • Do not cut through parking lots; follow the traffic lane.
  • Avoid distracted driving activities, such as cell phone use, texting, listening to loud music and engaging in intense discussion. 
  • Choose your place to check electronics, such as before you leave the mall or store.
  • Use blinker signals.
  • Obey stop signs and other signs. Back out carefully.
  • Always watch for pedestrians in the parking lot and at the entrance. Be extremely patient and always wait for them to reach the sidewalk before moving.
  • Walk all the way around your vehicle before stepping inside, looking for pedestrians and parents with small children and baby strollers.
  • Consider parking away from other cars to avoid shopping mall parking lot crashes.

The Impact: Parking Lot Crashes

The Insurance Institute for Highway Safety reports parking lot crashes account for about 20 percent of all auto claims. The NSC reports on average each year, there are 60,000 injured by parking lot crashes and 500 or more who die. Pedestrian accidents account for many parking lot crashes. Backup accidents are responsible for nearly 10 percent of fatal pedestrian crashes in parking lots.

Over the past few years, a number of pedestrian accidents in Massachusetts parking lots have been fatal. In 2017, a Trader Joe’s employee in Acton was killed. A year earlier, a 52-year-old woman died in Wilmington, outside a Rite-Aid. In 2015, a pedestrian was killed in the parking lot of the Cloverleaf Mall in Natick, just across the street from the Natick Collection (or the old Natick Mall).

Cell Phone Use and Massachusetts Law

Eight years ago, Massachusetts banned texting while driving. If you are texting or writing an e-mail and cause a car crash, you could be cited by police. If you injure another driver, the police citation could be used in a civil lawsuit to prove your negligence and you will have to pay compensation to the victim.

All but three states have texting while driving bans. Hand-held cell phone bans are a different story, with just 16 states approving bans. Hand-held cell phones are still permitted when driving in Massachusetts, but safety advocates urge drivers not to use them, especially in parking lots. In a matter of seconds, a simple act such as trying to look up GPS directions or dialing a friend can lead to a serious and possibly fatal accident.

Free Legal Consultation: 800-379-1244

If you have been injured in a parking lot crash, it is important to learn your legal rights for seeking financial compensation under Massachusetts law. Contacting a Boston car accident lawyer promptly is essential so they can act quickly to protect your rights.

At Breakstone, White & Gluck, our lawyers have over 100 years combined experience representing those injured in auto collisions. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

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‘Tis the season to shop for holiday toys and gifts. Or to bring that product back, for a full refund or replacement?

While a record number of consumers shopped for the holidays, IKEA and Honda issued major safety recalls in November. We share an update on these recalls and continue our Project KidSafe series on toy safety.

Honda Odyssey Recall. It’s a replacement part if you own a Honda Odyssey and unfortunately, you can expect to wait.

Honda Odyssey van

107,000 Honda Odyssey vans because of a problem with the power doors. Photo: Wikipedia.

Just in time for the Thanksgiving drive, Honda recalled 107,000 Honda Odyssey vans because the power doors may improperly latch and can potentially open while the vehicle is in operation. Honda has not received any reports of injuries.

Honda recalled vehicles from the 2018 and 2019 model years on November 20, 2018. The automaker called on drivers to request replacement power sliding door kits through an authorized Honda dealer. Replacement parts should arrive at licensed dealers in late December.

Honda advised owners they can disable the power door. Use manual operation until replacements arrive.

This is not the first recall involving Honda Odyssey vans. Last year, 900,000 Odyssey models from 2011 – 2017 were also recalled. In that case, Honda reported second-row seats could tip forward if not properly latched. Tipping could happen during moderate or heavy braking if seats were not properly latched after adjusting side-to-side or reinstalling a removed seat. Honda received 46 reports of minor injuries.

To learn more about the recalls, visit the Honda website.

IKEA dining tables recall November 2018

IKEA recalled these dining room tables in November 2018 because the dining surface can collapse. Return for a refund.

IKEA Tables. It is a return if you have an IKEA table. The retailer recalled 8,200 dining tables in the U.S. and 1,500 in Canada on November 27, 2018, warning the table’s glass extension leaf can detach and drop.

This has already happened three times. IKEA reports one minor injury, requiring no medical attention.

These tables sold at IKEA stores and online from February 2017 through October 2018. They sold for approximately $300. IKEA says consumers  can return them for a full refund or a replacement table. Learn more on the Consumer Product Safety Commission website.

Consumer Safety Tip: Consumers do not have to wait for the news media to report unsafe products and product recalls. You can view recalls online on the CPSC website and even sign up to receive email alerts when products are recalled. Visit the toy safety page on our website to learn how to sign up.

Not every recall is the same. The CPSC can release product recalls calling for refunds or replacements. Some products can be repaired easily. Others cannot. Consumers should pay attention to all recalls. Encourage friends and family to do the same: return and refund or replacement/repair. Another option is just remove the recalled product from your home, if it can be taken apart and discarded with care, so other children cannot reuse it.

A Decade of Toy Safety Efforts, Passage of Federal Safety Legislation to Protect Massachusetts Families

Toys can be defective and recalled after causing serious injuries.At Breakstone, White & Gluck, our Boston product liability lawyers specialize in representing those injured by defective products. Toy injuries are common, even though toys should only be safe and fun for children. It is painful to learn they can be defective or may not have been fully tested or properly labeled. Defective toys can cause serious injuries, including fingertip lacerations, burns, facial injuries and broken bones. For children under age 3, the leading hazard is toys which contain small parts and balloons which can cause choking and suffocation. Toys should be tested to see if parts can fit through the “small parts” test. Those which pass through the “small parts” cylinder should have age-appropriate warnings, which read “Choking Hazard – Small Parts. Not for Children Under 3 Yrs.”

Among older children and teens, Hoverboards and riding toys are popular holiday gifts. These toys have injured and killed  in recent years, with Hoverboards also burning down homes as the lithium ion batteries charged.  Before you buy, check the CPSC’s safety standard for Hoverboards (UL2272 safety standard). Remember the standard is still new, first issued in 2016, and not an endorsement for safety. In fact, the CPSC has strongly urged consumers not to buy Hoverboards, as has W.A.T.C.H., the Boston-based non-profit which included Hoverboards on its “10 Worst Toys” lists.

Taking the time to check if a toy you want to buy – or already own – has been recalled can prevent injuries and save your loved ones’ lives. The number of toy recalls varies by year, but there are always recalls. So far in 2018, we have seen child-related recalls of dolls, toys with loose wheels, clothing, toys with excessive lead limits and go karts. In 2017, the CPSC reported 28 recalls of individual products. Over the past 10 years, 2008, 2009 and 2010 have seen the most toy recalls, with the highest number coming in 2008, when 172 toys were recalled, according to the CPSC.

This was the first year of major safety changes, including passage of the landmark Consumer Product Safety Improvement Act (CPSIA) of 2008. For the first time, toys had to be tested to ensure compliance with the law and the CPSC was granted greater authority in overseeing toy safety standards. Federal limits were also imposed on toys containing lead and other chemical hazards. In December 2008, Mattel and subsidiary Fisher Price agreed to pay $12 million to Massachusetts and 38 other states over events leading to recalls of toys with lead levels above the new federal limit.

Beyond toys, children’s products are also subject to frequent recalls, including names like Graco car seats and Britax strollers. This is a frightening fact, because these products carry children.


Breakstone, White & Gluck writes about toy safety as part of our Project KidSafe campaign, with a goal of preventing toy-related injuries. Our recent blogs:

Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers

Hitting the Safety Brake: A Warning About Battery-Operated Ride-On Toys

The 10 Worst Toys of 2018

Protect Your Children from Lithium Button Batteries

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Attorney David W. White and his wife Denise Murphy recently enjoyed a visit with Boston Police Commissioner William Gross and Superintendent Dennis White, the Commissioner’s chief of staff. The visit was to thank the Boston Police Department for supporting Breakstone, White & Gluck’s Project KidSafe campaign for a third year in 2018, helping us get 160 bicycle helmets to children who needed one in Boston.

We are pleased to partner with the Boston Police Department. In the city of Boston, when families get the opportunity to meet a police officer, they quickly come to respect them and the importance of wearing bicycle helmets. Then, what’s great is we see families – parents and children – committing to protect themselves. And it has a ripple effect on neighbors, friends.

Boston Police Department bike safety and bicycle helmet donation from Breakstone, White & Gluck of Boston

Attorney David W. White with Boston Police Commissioner William Gross and Superintendent Dennis White, the Commissioner’s Chief of Staff. In 2018, Breakstone, White & Gluck was pleased to partner with Boston Police Department for the third year through our Project KidSafe campaign and donate bicycle helmets to the Boston Police Department to distribute to children who needed one (Photo courtesy: Boston Police Department).

Best Lawyers Best Law Firms Tier 1 rating for Breakstone, White & Gluck.

Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.

Our Attorneys

Attorney Marc L. Breakstone, a Boston personal injury lawyer and medical malpractice lawyer

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:

Free Legal Consultation
Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.

For a free legal consultation, call our firm at 800-379-1244 or 617-723-7676 or use our contact form.

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There is “Trouble in Toyland.” For the 33rd year, U.S. PIRG has released its annual survey on toy safety. This is a widely respected survey, which over the years has dispensed valuable information to protect children and families. The survey has led to the recall of more than 150 unsafe toys.

Highlights from this year’s report:

  • Toys which have been recalled for safety issues over the past year
  • Toys which contain high levels of toxic materials, such as boron
  • Toys which do not meet labeling requirements
  • Toy regulations

Toy recalls

Over the past year, the Consumer Product Safety Commission (CPSC) announced more than 40 recalls of toys and children’s products, such as wagons and strollers. These recalls represent 2.7 million units. During its survey, the group did not find any recalled toys or products still being sold. This is good news for consumers, but you still need to check products for yourself by going online. You can visit the CPSC Recall list.

You can also check the U.S. PIRG’s “Trouble in Toyland” report, so you can be informed while you shop or to see if you have any recalled toys in your home (See Appendix 4, page 29). Many people do not hear about recalls so it’s worth checking.

If you find a recalled product, you can contact the manufacturer for a refund or a repair. In some cases with inexpensive toys, it may be best just to discard it from your home in a safe way. Move onto other toys.

U.S. PIRG has long advocated for improvements to the CPSC’s recall system. One concern is that companies are not required to report how many consumers actually return products for repairs or refunds.

Toxic Materials

The report focused on two toxic materials in toys: Lead and boron.

slime boy

Beware of Slime: U.S. PIRG Researchers found 6 popular Slime sets which contain dangerous levels of boron.

Lead. Lead was banned from household paint, children’s products and cookware 40 years ago. But federal law states children’s products made after August 2011 can contain no more than 100 parts per million. Because lead is highly dangerous when breathed in, be careful when buying toys such as paint sets and other products. Electronic devices can contain some lead parts, as can metal components of bicycles. The American Academy of Pediatrics (AAP) recommends all products for children contain no more than trace amounts of lead (40 ppm).

Boron. Your child may be begging you to buy one of those popular slime toy sets. U.S. PIRG says you can’t trust these products are safe. Researchers found six slime products on the market had dangerously high levels of boron. One brand, “Kangaroos Original Super Cool Slime,” contained concentrations as high as 4700 parts per million (ppm).

Boron is a chemical element used mostly in glass manufacturing, pesticides, antiseptics and detergents. Children can ingest small amounts, even less than 3.68 ppm and suffer symptoms of nausea, vomiting and potentially longer term impacts on reproductive health. The Environmental Protection Agency (EPA) reports certain levels can even be lethal. Say the “Kangaroos Original Super Cool” slime has up to 4700 parts per million (ppm). Then consider that six states have made recommendations on boron limits in drinking water, non exceeding 1 ppm. It’s a frightening discrepancy. U.S. PIRG has asked the CPSC to explore setting limits on boron levels, as Canada and other countries have.

We recommend parents spend their money elsewhere this year. There are so many toys out there, which your child would enjoy without risk to their safety. Likewise, if your child plays at another friend’s home or goes to daycare, make sure the adult in charge knows you don’t want your child playing with slime sets.

Slime Toys with Dangerous Levels of Boron
Kangaroos Original Super Cool Slime – Amazon – 4700 ppm
Kidsco Glow in The Dark Slime  – Amazon, Walmart – 4600 ppm
Toysmith Jupiter Juice Slime  – Amazon, Walmart – 1900 ppm
iBaseToy Fluffy Slime – Amazon – 1500 ppm
Haniex Soft Magic Crystal Slime – Amazon – 1400 ppm
Meland Fluffy Slime Amazon Boron – 1100 ppm
Data from U.S. PIRG “Trouble in Toyland” Report 2018.

Labeling

toy testing cylinder for small parts

Drawing of the small cylinder test for toys. Credit: CPSC website.

Toymakers are responsible for properly labeling their products, especially those with small parts which are not intended for children under age 3. This warning is essential. Children are often putting small parts in their mouths. From 2001 to 2016, more than 110 children died this way, according to U.S. PIRG.

What’s important for consumers to know is the CPSC has a Small Parts Ban. Toys must be tested to make sure they cannot pass through a test cylinder, which has a diameter of 1.25 inches. The cylinder has a slanted bottom, opening 1 to 2.25 inches. If a toy can pass through, it must be properly labeled: WARNING: Choking Hazard-Small Parts. Not for Children Under 3 Yrs.

Researchers identified a few toys which are being sold online without age appropriate labels this year – Hatchimals and L.O.L. Surprise toys. Parents should watch and carefully inspect every purchase you make. A good rule of thumb is to open every toy well in advance of giving it to a young children. Open it out of your children’s reach, such as in a basement.

Balloons are another product which are not being labeled properly. Balloons should come with warnings that they are a potential choking hazard to children under 8 years old. Yet, 87 percent of the latex balloons on Amazon.com carried no warnings, according the survey.

Toy Regulations

As consumers, we deal with packaging, price tags and shipping dates more than regulations. But the “Trouble in Toyland” report shares three important regulations on page 17:

  • Small Parts Ban (1979)
  • The Child Safety Prevention Act of 1994
  • The Consumer Product Safety Improvement Act of 2008

Read the 2018 “Trouble in Toyland” report.


About Breakstone, White & Gluck
Free Legal Consultation: 800-379-1244

The Boston law firm of Breakstone, White & Gluck specializes in handling personal injury and product liability cases. This holiday season, we are committed to sharing our experience through our Project KidSafe blog series focusing on toy safety.

Learn more about Breakstone, White & Gluck: www.bwglaw.com.

We hope you are never injured, but if you or a loved one are, Breakstone, White & Gluck offers a free legal consultation to help you learn your rights. Our lawyers specialize in all areas of personal injury law, including car accidents, product liability, traumatic brain injuries and medical malpractice. We represent clients in Boston, Worcester, the South Shore, the North Shore, Cape Cod, MetroWest and throughout Western Massachusetts. If we can ever help you, please call 800-379-1244 or 617-723-7676 or use our contact form.

Dynacraft Ride-on Toy recalled in 2017

Dynacraft Ride-on Toys recalled 20,000 battery-operated ride-on toys after reports that the pedals were not working in 2017. Always check for product recalls before you buy any holiday toy. Photo credit: Consumer Product Safety Commission notices.

Battery-operated ride-on toys may look like fun holiday gifts. Parents and grandparents even have their choice of models, including the Jeep, Mercedes-Benz and Lamborghini to name a few.

Shoppers can get easily caught up in the “cuteness” factor. It’s not that simple, though. Ride-on toys can be heavy and motorized. Be cautious when buying, even with push or pedal ride-on toys, because you are trusting these toys to support your child.

Passenger paying private driver for a rideIn Massachusetts, you can pay a licensed cab, Uber or Lyft for a ride and expect the driver to carry auto insurance if you are injured. These drivers are required to buy minimum levels of auto insurance under Massachusetts law, which is the way it should be.

But now, two years after Massachusetts began regulating rideshare companies, auto insurance companies are becoming more careful in investigating car crashes to make sure they do not involve “gypsy cabs” or situations where passengers pay a private individual for a ride, even though they are not licensed as a business, taxi or have not met rideshare regulations. Insurance companies are saying passengers are not covered for injuries in these situations, and it’s an important warning to consumers.

There is a whole industry of gypsy cab drivers on the roads in wake of the rideshare legislation. They are simply ignoring the regulations and setting up social media pages advertising their services. They may also grow their business by word of mouth and by serving the same passengers they know well. Their prices may undercut other ride services, but there is a huge catch in the bargain: there may be no insurance in case of a car accident.

W.A.T.C.H. has released its annual nominees for the 2018 Worst Toys list. The Boston non-profit warns shoppers to steer clear of the following toys this holiday season:

10 Worst Toys List

Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.

Nickelodeon Nella Princess Knight Pillow Pets Sleeptime Lites
Parents should never leave infants in their cribs with toys, especially those with small pieces or strings. This toy is marked for ages 0+, for use as a nightlight or bedroom toy. While it does carry some warning labels – warning parents not to leave it in the crib or let children play with it unattended – this isn’t enough to protect children. W.A.T.C.H. cited this and other hazards, including small accessories and a warning about batteries which can leak. This toy is being sold online through Target.com and Google Express, as well as in Target stores.

Nerf Vortext VTX Praxis Blaster

10 Worst toys list nerf gun

Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.

Nerf toys have received bad press for causing eye injuries. In this case, the Nerf gun is recommended for users age 8 and older and can shoot 10 discs in a row. W.A.T.C.H. calls this a potential hazard for eye and facial injuries. The blaster is sold at Target. Target.com, Amazon.com, Walmart.com, Ebay.com and Bonanza.com.

 

Marvel Black Panther Slash Claw
These make the list because they can cause injuries and can encourage hitting. The claws are encouraged for children age 5 and older and the packaging states children can “slash” like the Black Panther.” At the same time, the packaging also advises children not to swing at other people or animals and to steer clear of breakable objects. If children use the toy, they are likely to break all those warnings, which is why W.A.T.C.H. included it this year.

Power Rangers Super Ninja Steel Superstar Blade
This is a sword-like toy and made the list for poor taste and the potential for facial and other impact injuries.

cabbagepatch-doll

Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.

Cabbage Patch Kids Dance Time Doll
You may think this is a sweet, fun gift. But the toy has a removable headband, which W.A.T.C.H. says can be ingested. The toy is marketed for children age 2+ and is sold at Target, Target.com, CabbagePatchKids.com, Bonanza.com and Blinq.com.

Zoo Jamz Xylophone
This Vtech brand toy made the list for presenting a potential choking hazard. A young child could put the drumstick handle in their mouth and block their airway, W.A.T.C.H. says. The product is designed for children age 1 1/2 to 4 years old. It is sold at Walmart, Walmart.com, as well as Amazon and other retailers.

Nici Wonderland Doll: Miniclara the Ballerina
This pink ballerina and her kitten are not safe, W.A.T.C.H. says. There is nothing wrong with the little girl, but the kitten can become detached and a child could ingest it. A few of the retailers selling the toy: Amazon.com, Walmart and Barnes & Noble.com.

Stomp Rocket Ultra Rocket
This product is for children age 6 and older. Children are supposed to step onto the pedal to launch the rocket. The rockets can go high – up to 200 feet. W.A.T.C.H. recommended parents keep it off their holiday shopping lists this year, saying it can cause serious eye or face injuries.

Cutting Fruit
Magnetic fruit toys with a hard plastic knife are not a safe gift, W.A.T.C.H. says. The set is marketed for children age 2+, even though the knife can be used to cause puncture wounds.

Chien Á Promener Pull Along Dog
W.A.T.C.H. says this toy falls between regulations and safety. Manufacturers can only market toys with strings under 12 inches for use in cribs and playpens. Pull toys don’t have the same restriction and the result is a toy with a 19-inch draw string can legally be sold to children. The age recommendation on this product is only 1-3 years old. There are no safety warnings. It is available on Amazon.com, Magic Beans and Mbeans.com.

More information on the 10 Worst Toys of 2018 list.

About Breakstone, White & Gluck

Breakstone, White & Gluck is a Boston law firm specializing in personal injury and product liability claims. We represent those who have been injured by the negligence and wrongdoing of others. If you have been injured, it is important to learn your legal rights for seeking compensation to cover lost wages, medical care and other financial losses. For a free legal consultation, contact the Boston personal injury lawyers of Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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button batteries

Beware of Lithium button batteries this holiday season. These are a serious danger to young children, who can swallow them and suffer serious internal injuries.

New parents quickly learn the secret to surviving the holiday season: stock up on batteries. While all batteries should be handled with care, we want to share a few safety tips for handling lithium button batteries.

Small, just the size of a button, these batteries are easy to overlook when you child-proof your home. But button batteries are a giant danger. A child can find one and put in their mouth. Without proper medical care, within hours, a child can suffer severe burns to their esophagus.

In 2010, researchers at Children’s Hospital of Philadelphia tracked more than 3,400 cases of children who swallowed button batteries. The hospital reports 15 children have died and another 80 children have suffered permanent injuries after ingesting button batteries.

Our tips to protect your children:

  • Read product labels before you purchase. You may not realize some toys or products have lithium batteries because you do not have to install them. Likewise, products you may guess have lithium batteries may not. It is essential to read and ask questions.
  • Know where lithium button batteries are in your home. You can find them in certain toys and baby monitors, as well as remote controls, garage door openers, car keys and bathroom scales. You may also wear a watch powered by a lithium battery.
  • Remove products containing lithium batteries from your home. If you really need these products, at least secure them out of your child’s reach.
  • Be suspicious of holiday gifts and trinkets. Holiday cards, electric candles and interactive gifts, such as musical stuffed animals, may have lithium batteries. Stop these products before they come into your home. As for holiday cards, enjoy them and discard them the same day. If you keep them, remove the battery.
  • Research your holiday gifts. Go online and search for product recalls involving any toy you wish to purchase. You can visit the CPSC website. Search for both the product you are interested in buying and batteries.
  • Warn your family and friends. With Thanksgiving just a few weeks away, now is an ideal time to share safety information with your loved ones. Urge family members, friends, grandparents and caregivers to carefully select holiday gifts, make use of toy recall alerts and move products with button batteries out of your child’s reach.

What to do if a child swallows a lithium button battery
If your child ever swallows a button battery, go to the hospital immediately. The sooner a child receives medical attention, the better. A child can suffer a serious internal injury within hours of swallowing a button battery so every second counts.

We hope your child is never injured. But it is critical to understand the symptoms when children swallow button batteries. Parents may not see a child swallow a button battery or may not even know a button battery was in their child’s reach.

These are common symptoms:

  • Decreased eating or drinking
  • Difficulty swallowing
  • Vomiting
  • Vomiting blood
  • Chest pain or discomfort
  • Abdominal pain, blood in saliva or stool
  • Drooling
  • Crying

If you suspect your child swallowed a button battery, the Children’s Hospital of Philadelphia advises parents to seek immediate medical treatment and to refrain from giving the child medications, food or anything to drink. Never attempt the Heimlich maneuver either. This can worsen the injury.


About Breakstone, White & Gluck and Our Commitment to Safety

This holiday season, Breakstone, White & Gluck is committed to sharing tips on toy safety. Every toy, every product you buy should be safe to use, but this is not always the case. Because of this, our Boston product liability lawyers want to share tips from our experience to help parents and grandparents make safe buying decisions.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm, with lawyers who have been consistently recognized for excellence over the past 26 years, including by Top 100 New England Super Lawyers, Best Lawyers in America and Martindale-Hubbell. Our attorneys have also been recognized for starting our Project KidSafe campaign. Through our Project KidSafe campaign, our attorneys work to prevent injuries and deaths by providing critical safety information to families and encouraging use of bicycle helmets. To date, we have donated over 20,000 bicycle helmets to children in Massachusetts, with a goal of preventing head injuries.

Learn more about Breakstone, White & Gluck: www.bwglaw.com. If you have been injured, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.


Additional Resources for Parents

We encourage parents to watch these videos.

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There were frightening pictures out of Allston on Sunday, November 4, 2018, as the Boston Fire Department responded to a report of a commercial building collapse. Firefighters found very dangerous conditions: the façade at 85 Harvard Avenue, a one-story commercial building, had fallen onto the sidewalk. The building houses Common Ground Bar and Grill, which sustained serious damage, and also other businesses.

Two people were injured, including a woman who was hit by concrete and suffered critical personal injuries outside the building. The Boston Globe reported she was with friends and they, along with others, fought to free her from the concrete. When the Boston Fire Department arrived, she was rescued and transported for medical treatment. Others inside the building were safely evacuated with assistance.

As the investigation begins, the collapse must serve as a reminder to landlords and building owners. Injuries from property defects – such as fires, slippery floors or snow and ice accumulations – are devastating for victims and families and are much more common than many people realize. But structural failures, especially in aging buildings, present extreme hazards as well.

Boston City Regulations for Building Owners and Landlords 

Building owners and landlords have a responsibility to regularly inspect and maintain residential and commercial buildings. In older buildings with brick or stone facades, routing engineering analysis should be performed periodically.

In Boston, city regulations require inspection reports, but only for buildings over 70 feet tall. The regulation mandates that every exterior wall shall be inspected at least once every five years, and in the case of an unoccupied structure, inspection must be done at least once every year. Inspection reports must be completed by an architect or engineer, and filed with the city.

Inspections should not be limited to facades. Many buildings have aging iron work on balconies and exterior stairs and these can buckle under, leading to serious injuries.

About Breakstone, White & Gluck – Representing Those Injured by Unsafe Property Conditions
At Breakstone, White & Gluck, our personal injury lawyers have over 100 years combined experience representing those who have been injured by the negligence and wrongdoing of others. Our attorneys have extensive experience investigating fires, porch collapses and unsafe buildings in the Boston area, then bringing claims on behalf of those injured.

If you have been injured because of unsafe property conditions, we urge you to learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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