It is our pleasure to announce that Super Lawyers has recognized Breakstone, White & Gluck in its 2019 rankings. This was the 16th year our attorneys have been recognized.

Marc L. BreakstoneMarc L. Breakstone has been selected to the Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and the 2019 Massachusetts Super Lawyers list, recognized as a top-rated medical malpractice attorney in Boston.

DW-250David W. White has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. Attorney White has previously been selected to the Top 100 Massachusetts Super Lawers seven times and to the Top 100 New England Super Lawyers  three times.

Ronald E. GluckRonald E. Gluck has been selected to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. Attorney Gluck also been featured in the New England Super Lawyers publication.

Super Lawyers is a rating service which highlights outstanding lawyers from more than 70 practice areas. Selections are made using a multiphase process, including a statewide survey of lawyers, independent research and evaluation and peer reviews from within a practice area. 

Super Lawyers recognizes the top 5 percent of lawyers from that process. Another 2.5 percent of attorneys are selected to the Rising Stars list, which showcases talented attorneys under age 40. 

About Breakstone, White & Gluck
Over 100 Years Combined Experience in Personal Injury Plaintiff Representation
Breakstone, White & Gluck is respected across Massachusetts for our commitment to our clients and our results.  We have been representing plaintiffs in personal injury and medical malpractice cases as a firm since 1992. Each of our partners has over 30 years of experience.

Our firm is experienced in handling all types of personal injury cases, including those involving catastrophic accidents, wrongful death, motor vehicle accidents, product liability, premises liability, construction accidents, explosions, spinal cord injuries, head injuries and traumatic brain injuries. Our attorneys are regularly interviewed in the local media for their expertise in these specialties and Massachusetts insurance laws.

We have always been active in the Massachusetts legal community and are dedicated to sharing our knowledge with other attorneys through continuing legal education and professional organizations. Attorney Marc L. Breakstone and Attorney Ronald E. Gluck serve on the Board of Trustees for the Massachusetts Academy of Trial Attorneys (MATA), while Attorney David W. White is a past president of the Massachusetts Bar Association. We are also committed to giving back and working to prevent injuries. Through our Project KidSafe campaign, our attorneys have given away more than 25,000 free bicycle helmets to children across the state of Massachusetts. 

We invite you to visit our website to read about our work and watch testimonials from past clients.

Free Legal Consultation – Breakstone, White & Gluck

If you have been injured, you should speak to an experienced Boston personal injury lawyer and learn your legal rights for seeking financial compensation. For a free consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.

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smallparts-1200Age recommendation labels are the first tool you have in selecting safe holiday toys. Anyone purchasing toys for young children wants to familiarize themselves with the choking hazard-small parts label.

Warning: Choking Hazard – Small Parts. Not for Children Under 3 Years

Each year, children suffer choking injuries and deaths after consuming food or putting small objects in their mouths. In the late 1970s, the Consumer Product Safety Commission (CPSC) led a three-month study of 3,800 estimated injuries which involved children under age 10 and small parts. It was determined that children under age 3 suffered more than half of all these injuries. More than 50 children under 3 died in accidents involving small parts.

With those numbers, the CPSC announced the small parts regulation, which became effective on January 1, 1980. Since then, toy manufacturers have been required to test toys and parts using the small parts cylinder test. 

warning-not-for-children-under-age-3

This cylinder has a diameter of 1.25 inches. The bottom of the cylinder is slanted, opening 1 to 2.25 inches. Toys which fall through the cylinder must carry the choking hazard – small parts warning and state not for children under 3 years old. Toys may also require labels if they fit through the tube, but break it during subsequent “use and abuse” testing (Source: U.S. PIRG, Trouble in Toyland 2018). 

Toys which are too large can be sold without the choking hazard label, though they may require another type of labeling.

Small Parts Warning for Children Between Ages 3 and 6 Years

Any small part intended for children between age 3 and 6 must carry the same labeling: “Warning: Choking Hazard — This toy is a small part. Not for children under 3 years.” 

Small Parts Warning – Small Balls

There is a separate federal standard for small balls, according to U.S. PIRG. Balls with a diameter of 1.75 inches are banned for children younger than 3 years of age. 

Small balls must carry this age-recommendation label: “Warning: Choking Hazard — This toy is a small ball. Not for children under 3 years.” A similar label is required for toys which contain small balls: “Warning: Choking Hazard–Toy contains a small ball. Not for children under 3 years.”

Toymakers are required to test and use age recommendation labels. All toys intended for children age 12 and younger must undergo third-party testing and meet the most recent version of the federal safety standard, ATSM F963.

But there are times when parents and anyone buying a toy should be skeptical. Toymakers have made errors in labeling and there can be miscommunication between manufacturers and retailers when toys are displayed without packaging. Online product descriptions may not be accurate.

Remember These Toys Have Small Parts!

  • Marbles
  • Magnets
  • Game pieces (such as the Monopoly characters)
  • Legos and building bricks
  • Small puzzle pieces (and cardboard pieces are a danger because small children can chew them and choke)
  • Button batteries
  • The clothing and parts on stuffed animals and dolls 
  • Pens and pencils with caps which can become loose

Additional Toy Safety Standards for Children Age 3 and Younger

While we are talking about small parts, we want to remind parents of other federal toy safety guidelines for children under 3.

  • Toys and children’s products must not have sharp points or edges which can potentially injure children.
  • Paints and surface coating cannot contain more than .06 percent lead or other hazardous materials.
  • Children’s pajamas, clothing and products which fail to meet flammability limits.

The best way to stay informed is to check the CPSC website for toy safety recalls and product warnings.

Final Points on Toy Safety for Young Children

Carefully inspect all toy sets and stuffed animals before and after purchase. Open boxes, handle the pieces yourself before giving. If you buy online, check if the box matches the online product description. Because of the demand for toys near the holidays, it’s not unusual for shoppers to receive a toy similar to what they ordered.

Decide whether the toy will be safe near your child and their siblings. You should always consider younger siblings when buying gifts. If they are not at least 3 or older, wait another year. Also pause if the younger sibling just isn’t ready.

If your children are the right age and ready, purchase a secure container to keep the small parts in. Keep this container separate from other toys in your home and be mindful of not letting small pieces scatter.

Finally, supervise children whenever they play with small parts. Even older children can find themselves in dangerous situations at times when handling small pieces. This is especially true with new toys. So as they play, sit with them at the table or just stay in the room so you can help.

About Breakstone, White & Gluck – Boston Toy Safety Lawyers

kidsafe-fb-1200Our Boston personal injury lawyers represent clients in all types of personal injury matters, including motor vehicle accidents, medical malpractice, premises liability, wrongful death and cases involving injuries caused by defective products and unsafe toys. We are committed to the safety and well-being of Massachusetts children and families. We share our holiday toy safety series as part of our Project KidSafe campaign

To learn more, read our holiday toy safety series or our toy safety page on our website. You can also visit our website to learn more about our attorneys and their experience.

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Super 8 A tragic chemical exposure has claimed the life of a worker at the Buffalo Wild Wings restaurant in Burlington. Ten other restaurant employees and patrons also reported inhalation injuries.

The Boston Globe reported that a male employee cleaning the kitchen with a product called “Super 8” was overtaken by nausea. The employee stepped outside to catch his breath. A second employee who attempted to remove the cleaner became sick and subsequently died from inhalation injuries. According to the Globe, the 10 other employees and restaurant patrons reported shortness of breath, burning eyes and other symptoms of chemical exposure for which they were treated at local emergency rooms.

News reports identified the caustic cleaning agent as “Super 8”, a sodium hypochorite concentrated solution which is intended for use as a general-purpose sanitizer empty stain or for manual or automatic dishwashing. When inhaled, the fumes cause severe bronchial irritation and pulmonary edema.

Chemical exposures in restaurants occur with alarming frequency. Breakstone, White & Gluck has represented several victims of chemical exposures due to inhalation and caustic burn injuries. In our experience, inhalation injuries such as the recent Buffalo Wild Wings incident occur as a result of the failure to provide:

  • adequate ventilation;
  • adequate airway protective gear
  • ill-advised mixing of chemical agents
  • adequate skin protective gear

Breakstone, White & Gluck has a track record of success in obtaining justice for victims of serious respiratory and burn injuries caused by chemical exposures in the workplace. In many of these cases, the exposures result in life-long respiratory injuries, scarring and emotional distress.

Recent cases:

  • Our attorneys represented a worker who inhaled chlorine at the Deer Island Waste Facility in Boston and suffered severe burns which temporarily handicapped him, leaving him unable to work.
  • Our attorneys represented a restaurant worker who consumed tainted beer from a recently sanitized beer tap. The lines had been chemically sanitized, but not properly flushed, resulting in ingestion of chlorine which caused esophageal burns.

Free Legal Consultation – Breakstone, White & Gluck of Boston

We would welcome the opportunity to review your potential claim related to chemical exposure and inhalation injuries or burns to see if we can assist you in obtaining full and fair monetary compensation.

Please contact the Boston personal injury lawyers at Breakstone, White & Gluck for a  free and confidential legal consultation. Call 800-379-1244 or 67-723-7676 or use our contact form.

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We urge parents to keep magnet toys off your holiday shopping list for young children. High-powered “rare-earth” desk magnet toys are highly dangerous and there are many painful stories of children ingesting them, then fighting for their lives in surgery. But there are also other types of magnet toys, including magnet tile building sets and magnet construction toys. While these are very popular, this doesn’t mean they are safe for your family. Take time to do your research, read age recommendations and really consider your children’s needs.
Magnet Desk Toys or Cluster Magnet Toys
Read by product type:

Magnet Desk Toys or Cluster Magnet Toys
Tile Magnet Toys
Magnetic Construction Sets
Final Word on Safety

Magnet Desk Toys or Cluster Magnet Toys

Desktop magnet sets

Cross desktop magnet sets off your holiday shopping list. These have caused hundreds of children injuries.

The Consumer Product Safety Commission (CPSC) has worked to take desktop magnet toys off the market to prevent injuries to children. The problem is the average set has 125 or 216 strong magnet balls, though some have more than 1,000 pieces. The magnets are tiny and are extremely high-powered.

These magnet sets come apart and can be reassembled into unique shapes. In a child’s hands, the magnet clusters may become a necklace, triangle or whatever formation they imagine. When magnets are put in a child’s mouth, they can attract to each other, causing serious injuries in the digestive system as well as blood poisoning. Children usually require surgery for the intense pain.

New Magnet Safety Standard. Prior to 2014, “rare-earth” magnet sets were required to carry age recommendation labeling of 14 and older. In 2014, the CPSC established a federal toy safety standard which required magnets to be large enough to exceed the CPSC’s “small part” standard for toys or that magnetic parts have a force of attraction of 50 kG² mm² or less, according to the CPSC’s Final Rule: Safety Standards for Magnet Sets. The CPSC safety standard effectively made it illegal to sell “rare-earth” magnet sets in the U.S. and there was a positive response, an 80 percent reduction in magnet-ingested injuries, according to The Journal of Pediatrics.

You may guess young children are at the highest risk. But children age 4 through 12 suffered the most injuries in the CPSC’s analysis of ER visits over 5 years, from 2009 to 2013. According to the Federal Register dated October 3, 2014, the agency concluded an estimated 2,900 children had suffered magnet ingestion injuries. Children age 4 through 12 suffered 1,900 injuries – or 65 percent.
Tile Magnet Toys
For all this work, in 2016, the 10th Circuit of Appeals ruled the CPSC’s pre-requisite factual findings were “incomplete and inadequately explained.” The Court vacated the safety standard and remanded it back to the CPSC for further proceedings.

The lawsuit had been filed by Zen Magnets, one of the “rare-earth” magnet makers. The company is now selling its products again, under the Buckyballs and Mandala names, according to Tech Crunch. Again, we stress, please don’t buy these toys, especially if you have children or a pet. The parts are small and scatter easily. If you don’t find our blog compelling, we encourage you to read this article in STAT, called “Toy magnets are harming kids again. They need to be banned – for good,” August 6, 2019.

Tile Magnet Toys

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Magnet tile toys

These are magnets encased in plastic triangle and square shapes. These are popular, marketed as toys that help stimulate learning and imagination. Some of these are designed for children under age 3, some for children ages 3 and up; others are for age 6 and up. If you do purchase one of these sets, carefully check the age recommendation and secure it in a container out of reach of children.

There has been at least one case of the encasements opening and a child swallowing magnets. Last December, a Wisconsin mother shared her frightening story on social media and the Today Show reported on it. The woman’s 4-year-old son had swallowed 13 magnets from one of the tile magnet kits. After he began vomiting, she rushed him to a local hospital where surgeons had to remove part of his colon, intestine and appendix. The product manufacturer was not identified in the story.

The CPSC regularly issues recalls about toys containing small magnet parts. One of the largest recalls involving tile magnet building toys came in 2006, when Mega Brands America, Inc. recalled 4 million Magnetix Magnetic Building Sets. The recall was first announced on March 31, 2006 and re-issued and expanded in April 2007. The CPSC reported one child had died and one child had suffered aspiration. 27 others had suffered intestinal injuries, according to the CPSC news release.

The tragedy could have claimed even more lives; there had been 1,500 reports of magnets coming apart. Although the Magnetix Magnetic Building Sets were labeled age 6 and older, at least 10 injuries involved older children, up to age 11.
Magnetic Construction Sets
According to CBS News, in October of 2006, Mega Brands America settled a lawsuit with 15 victims for $13.5 million. 

In 2009, consumers learned there was further wrongdoing in this case. On April 14, the CPSC announced that Mega Brands America, Inc. had agreed to pay a $1.1 million civil penalty to settle allegations that the company (and Rose Art Industries, which it had acquired) had failed to provide timely information about product dangers to children. 

Magnetic Construction Sets

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Magnet construction sets typically have magnets snap together with other stick pieces.

These sets include plastic rods and balls which can be snapped together with the magnet attraction.
Final Word on Safety
One problem is Consumer Reports found a full range of age recommendations across several popular products – and manufacturers unwilling to answer questions. Since age recommendations are the most fundamental tool consumers have, we recommend steering clear of these. 

Final Word on Safety 

The CPCS is responsible for overseeing product recalls and a quick search of its database can glean valuable information for parents. Visit www.cpsc.gov and search by product name or type of products. You can also visit the CPSC’s magnet information center.

With magnet toys, product regulations and age recommendations continue to change. They are very challenging to bring into any home safely, but especially homes with children of various ages and development skills and pets. In the end, you must make your own decision, but we urge you to be overly cautious and purchase other toys. There are so many other toys out there which can provide your child with a safe and enjoyable experience. 

Breakstone, White & Gluck – Boston Toy Safety Lawyers

Breakstone, White & Gluck is a Boston law firm specializing in personal injury, medical malpractice and product liability. We wish Massachusetts families a safe and healthy holiday season and share our toy safety tips as part of our Project KidSafe campaign.

If you have been injured, contact Breakstone, White & Gluck to learn your legal rights at 800-379- or 617-723-7676. You can also use our contact form.

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20 mph speed limit

Drivers, double check your speed next time you visit Cambridge. In mid-November, the city plans a slow down to 20 mph on most city-owned streets. The city says, when in doubt, go 20 mph. 

The City of Cambridge announced the new 20 mph speed limit this week, a decision made in response to residents’ concerns about speeding vehicles and the risk for pedestrian accidents and injuries to cyclists. Cambridge follows Boston and Somerville in pursuing 20 mph speeds on certain city streets. Each city has a VisionZero safety campaign and is working to eliminate traffic fatalities. 

Cambridge first lowered speed limits from 30 to 25 mph on most city-owned streets in December 2016. The Massachusetts Legislature granted cities and towns this authority earlier that year with passage of the Municipal Modernization Law. Specifically, communities were given the authority to lower speeds from 30 to 25 mph in locally-owned thickly settled areas.

In response, dozens of communities adopted 25 mph speed limits to reduce the risk of accidents. Few have pursued 20 mph – yet.

But according to the City of Cambridge’s announcement, the law allows communities to establish 20 mph “safety zones” in the interest of public safety. Cambridge will be installing 660 new “safety zone” signs. 

The City of Somerville has also taken advantage of this provision of the law. Last we knew, the City of Boston – which was the first to pursue 25 mph, then 20 mph speeds – was still working on the issue. Here is our last update on Massachusetts speed limits  (though please note: there may have been additional action since then).

Check a street: Not every street in Cambridge will be impacted. Larger streets like Brattle Street and Cambridge Street will stick with current speeds. Roads under state management – such as Memorial Drive – will not change. You can check out the map here: www.cambridgema.gov/20mph.

It’s worth noting Cambridge’s squares – including Harvard Square, Lechmere Square and Porter Square – won’t see any change. The city lowered speeds to 20 mph back in early 2018.

Cambridge’s Influence on Traffic Safety

Cambridge has been ambitious in making traffic safety improvements. In addition to lowering speeds, the city announced a new City Safety Ordinance earlier this year. The city made the commitment to add permanent separated bike lanes whenever it reconstructs roads identified in the Cambridge Bicycle Plan. With full build out, this would give the city an impressive 20 miles of protected bike lanes. Cambridge Bicycle Safety, a local group, said this could reduce 40 percent of Cambridge bicycle accidents, the one which occur outside intersections.

The city, while committed, does concede there may be cases when these bike lanes aren’t possible due to road conditions.

The bottom line is Cambridge has such a strong influence on transportation in the Boston region, just by virtue of its geography. It borders Somerville, Boston, Arlington, Belmont and Watertown. And because it’s one of the largest cities in Massachusetts, its work to promote safety will be watched across the state and nationally.

Free Legal Consultation – Boston Pedestrian Car Accident Lawyers

Breakstone, White & Gluck has represented accident victims in Boston, Cambridge and across Massachusetts since 1992. Our attorneys are dedicated to our clients and our results. We provide the prompt and thorough investigation required after pedestrian car accidents and bicycle crashes

If you have been injured by a driver, we offer a free legal consultation to advise you on whether you may pursue a financial claim for your injuries and other losses. Consult one of our personal injury attorneys today at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Cyclist after a hit and run crashNew federal data shows a 2.4 percent reduction in overall traffic deaths last year. But that’s not the full story. The roads were not any safer for pedestrians and bicyclists last year. These groups saw an increase in deaths, now making up nearly 20 percent of all traffic deaths. Many say it’s time to accelerate the conversation on safe road design.

The Washington Post recently reported on the new data, which comes from the National Highway Traffic Safety Administration (NHTSA)’s Fatality Analysis Reporting System.

It shows nearly 36,600 people died in traffic accidents in 2018, a 2.4 percent decrease from 2017, according to The Washington Post. Traffic experts cite several areas of progress. There were fewer deaths caused by speeding and drinking and driving, and a 10 percent reduction in children’s fatalities. Motorcycle fatalities also declined about 5 percent.

What remains troublesome is bicyclists and pedestrians are at high risk. Bicycle accidents and pedestrian accidents are claiming more lives than ever – about 20 percent of all traffic deaths combined. This is a sharp rise, particularly in pedestrian deaths. Just 10 years ago, pedestrians made up 12 percent of all traffic deaths. They now represent 17 percent of all traffic fatalities.

The data shows that 6,283 pedestrians were killed in 2018, a 3.4 percent increase. Another 857 people were killed on bikes or similar non-motorized vehicles, a 6.3 percent increase.

With this new data, many are considering our nation’s antiquated roads, which the Governors Highway Safety Association says were not designed to accommodate so many pedestrians and bicyclists. Over the past decade, cities have encouraged walking and biking as a way to beat the traffic congestion. But use has far exceeded the visions of planners, especially when you considered developments, such as bike-shares, e-scooters and self-driving cars.

The Governors Highways Safety Association further stated that a combination of initiatives would be necessary to improve safety for pedestrians and cyclists, from road engineering to educational approaches.

Pedestrian and Bike Safety in the Late Fall in Massachusetts

This is a challenging time of the year for bike commuters and pedestrians in Massachusetts. The days are getting shorter and darker. And you have to be aware of the statistics. According to the NHTSA data, about 76 percent of pedestrian traffic fatalities occur after dark.

If you walk, consider keeping a neon safety vest in your work bag. Wear it when you go to work and as you leave work. Continue to use crosswalks with traffic signal buttons. Cross with other people.

If you ride your bike, wear your bike helmet and use bike lights. Bike lights are required under Massachusetts law. You must have a white light in front of your bike and a red light in back. Read our article, Facts About Massachusetts Bicycle Laws, to learn more.

Free Legal Consultation – Boston Pedestrian and Bicycle Accident Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck is a leading personal injury law firm in Boston. Our attorneys specialize in representing those injured in motor vehicle accidents, including pedestrians and bicyclists, in Boston, Cambridge and across Massachusetts. If you have been injured, learn your legal rights for seeking financial compensation for your losses, including medical expenses, lost wages and pain and suffering. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

 

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Fisher-Price Rock 'n Play Sleeper

Fisher-Price recalled its Rock ‘n Play sleeper in April.

Last April, Fisher-Price made its jarring announcement: 10 babies had died in its sleepers after rolling from their backs to their stomachs. Fisher-Price urged parents to take children out of the sleepers once they reach 3 months old or begin turning themselves over.

This advisory didn’t stand. Soon thereafter, Consumer Reports published the results of its own investigation, which identified 32 infant deaths. Within the week, Fisher-Price and Mattel, its parent company, had recalled 4.7 million unsafe sleepers.

Now six months later, The Washington Post reports that 59 babies have died in Rock ‘n Play sleepers. At least two other companies, Kids II and Dorel Juvenile Group USA, have recalled their infant sleeper products. At the time of the recall, 5 infants had died on the Kids II sleepers.

Last week, the Consumer Product Safety Commission (CPSC) proposed a new safety standard for infant sleep products. This would limit the seat back angle for sleep to 10 degrees or less.  

Why Was the Fisher-Price Rock ‘n Play So Dangerous?

Fisher-Price introduced the Rock ‘n Play in 2009, inventing the category of inclined sleepers, which allowed babies to sleep at a 30 degree angle. From the start, this design completely disregarded the American Academy of Pediatrics’ safe-sleep guidelines, which recommend babies sleep on their backs in an empty crib or bassinet to avoid accidental suffocation. 

One problem was Fisher-Price didn’t do thorough safety testing or consulting with medical experts. But you can’t overlook the fact that Fisher-Price has been a giant in children’s products and how that influenced the discussion. As one pediatrician told The Washington Post, “This is not something I’d recommend using. But parents see that it’s from Fisher-Price and think, ‘They wouldn’t be able to sell anything that isn’t safe.’ ”

New Research Findings

The CPSC asked an assistant professor of orthopedic surgery who specializes in infant biomechanics to lead a study on inclined sleep products. The professor is based at the University of Arkansas for Medical Sciences. She and her team found evidence that babies age 2-6 months on average who were placed in inclined sleep products were at a higher risk of suffocation, when compared to a flat crib mattress.

  • Her team concluded that none of the inclined sleep products tested were safe for infant use.
  • The university team suggested the angle of the incline be no more than 10 degrees. The lying surface should be flat and rigid, not soft or plush-like.
  • The team reported that babies who were placed on their stomach in their sleepers or who rolled over had to exert as much as 200 percent more core strength than those on a flat crib mattress. 
  • Finally, the university team reviewed police reports and interviews from 91 cases of infant suffocation. In many cases, the caretaker reported they had never seen the infant roll over before.

This was a recurring point in the team’s findings. Many of the children were rolling over for the first time when they were found.

Here is additional information for further reading:

UAMAS Research into Baby Biomecanics Shows Issues with Infant Inclined Sleepers, University of Arkansas

After Infant Deaths, Fisher-Price Rock ‘n Play Sleeper is Recalled, Massachusetts Injury Lawyer Blog

More Infant Sleep Products Linked to Deaths, Consumer Reports

Consumer Product Safety Commission: No More Inclined Sleepers, Chicago Sun Times

Free Consultation – Boston Product Liability Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck specializes in plaintiff representation in product liability cases. We represent clients throughout Massachusetts, from Boston to Cambridge to Plymouth, Brockton and Cape Cod to the North Shore.

If you have been injured, learn your legal rights. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Breakstone, White & Gluck was pleased to donate our Project KidSafe bike helmets to Bristol County Sheriff Thomas M. Hodgson’s True Course Youth Program earlier this fall. The program offers youths ages 11 to 14 with a full line-up of outdoor activities aimed at teaching valuable lifelong skills.

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20191015-teendriving National Teen Driver Safety Week will begin Sunday. While your teen may learn about this topic at school, parents can also become involved and learn alongside teens. Parents influence their children in many ways. If you can influence the discussion on safe driving, you could save a life.

It’s a well-known and tragic fact: motor vehicle crashes are the leading cause of death for teens. In 2017 alone, 2,526 teens were killed in crashes, according to the to the National Highway Traffic Safety Administration (NHTSA).

This is the 12th year that National Teen Driver Safety Week has been observed. Two Pennsylvania lawmakers, Congressman Charlie Dent (R-PA) and Senator Bob Casey (D-PA), introduced the legislation establishing the annual event in October 2007.

National Teen Driver Safety Week highlights many topics, including graduated licensing laws, distracted driving, speeding and obeying fundamental traffic laws. It also provides resources on helping teens through their first few weeks as a licensed driver, along with handling stressful and emotional driving situations, including car accidents. Visit teendriversource.org to learn more.

State Graduated Driver Licensing (GDL) Laws

We are going to write about graduating licensing laws because these are the foundation for teaching teens to drive safely. All 50 states have a law in place, but these vary in restrictions, according to the Insurance Institute for Highway Safety (IIHS). Florida was the first state to adopt a graduated licensing law for teens in 1996. Massachusetts lawmakers approved a Junior Operator Law in 2007, which increased driving training requirements and penalties.

The law places restrictions on teens with licenses between the ages of 16 ½ and 18. First, as you may know if you are a parent, teens have to obtain a learner’s permit. Next comes 30 hours of classroom training on Massachusetts motor vehicle laws and safe driving techniques. Beyond the classroom, there is another 18 hours of instruction, including 12 hours behind-the-wheel and 6 hours of observation.

Here are some of the restrictions under the Massachusetts Junior Operator Law:

Passenger Restriction. Teens are not allowed to drive with other passengers under age 18 until they have been licensed for 6 months. There is an exception for siblings.

Night Driving Restriction. Another restriction is teens cannot drive between the hours of 12:30 a.m. and 5 a.m.

Cell Phone Use Restriction. Teen drivers cannot use cell phones or mobile electronic devices. Texting while driving is also prohibited, for all other drivers in Massachusetts.

Teens can expect to receive a significant license suspension if they violate these restrictions. For instance, there is a 60-day license suspension if your teen is caught driving between 12:30 and 5 a.m. There is a 90-day suspension for a first offense of speeding. For the second offense, there is a full-year suspension.

Massachusetts’ Junior Operator Law violations

Visit teendriversource.org for more on National Teen Driver Safety Week.

Fewer Teen Drivers
In recent years, Massachusetts has actually reported a reduction in teen deaths and non-fatal injuries in drivers age 16 and 17. This is a positive development, except when you look closer. There has actually been an increase in hospital rates for crash injuries in drivers between 18 and 20 years old. The state and a Boston Globe analysis attribute this to the fact that many teens are now waiting to get their license until age 18. By doing so, teens can skip driver’s education, which became more expensive and time-consuming when the Junior Operator Law took effect.

If your teen delayed getting their license, make sure they take time to learn the fundamentals and get the practice they need. Driver’s education is a critical component to developing a safe driver.

About Breakstone, White & Gluck – Experienced Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured in motor vehicle crashes in Massachusetts. With over 100 years combined experience, our car accident lawyers have the expertise to guide our clients to the best financial results in case involving motor vehicle accidents and truck crashes.

For a free legal consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Marc L. Breakstone

Attorney Marc L. Breakstone has settled a wrongful death case involving a crash at a shopping plaza which failed to protect pedestrians. He has settled the case for the victim’s family for $2.15 million.

The settlement is a reminder that retail property owners have a responsibility to take adequate steps to protect customers and other pedestrians in Massachusetts.

Our client was a 73-year-old man who was killed in 2015. That November, he had been leaving a store with a friend and was hit and killed by an 87-year-old driver. The driver had suddenly and unexpectedly accelerated through the parking lot and onto the sidewalk. Our client died immediately from his injuries, while his friend and another pedestrian were also injured.

Attorney Breakstone conducted a thorough investigation into the crash, which was captured on multiple surveillance cameras. Evidence suggested the elderly driver hit the accelerator instead of the brake.

As his investigation developed, Attorney Breakstone determined the owner of the shopping plaza had failed to provide adequate protections for pedestrians in the spot where our client was killed. This was significant because the owner had taken care to set up protections in other areas. Over the years, more than 30 bollards had been placed at the rear and side of the shopping building. Bollards had also been installed in front of another retail store, but not where the accident occurred.

Had the case gone to trial, Attorney Breakstone was prepared to call an engineering expert to testify that this was a breach of industry standards for providing safe walkways.

Read more about this case on our website.

About Attorney Marc L. Breakstone
Attorney Breakstone has established a reputation as one of the top personal injury lawyers in Massachusetts and New England.  He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice. Read his bio.

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