Posts by Breakstone, White & Gluck
Two Bicycle Recalls To Watch For As Weather Warms
By Sam Segal
After months of high snow banks, Massachusetts residents are eagerly awaiting the arrival of spring, when they can return to outdoor activities like gardening and bicycle riding.
If you’re a cyclist, the U.S. Consumer Product Safety Commission announced a few bicycle recalls you may want to note before the warm weather comes.
Felt Bicycles Recall
Felt Bicycles has recalled their model 2011 F3, F4, F5, and F75 bikes due to a problem with the bicycle fork (the part of the frame that connects the handle bars to the front wheel and allows for steering and balance). The forks on these defective bikes have a danger of breaking, causing the rider to possibly lose control, have a bike accident and suffer personal injuries.
Owners of these Felt bicycles are instructed to stop using the defective bikes immediately and contact their local dealer (866-433-5887) to receive a free inspection and repair.
Novara Fusion Bicycle Recall
REI has recalled their Novara Fusion bicycles with serial numbers U95Y07321, U96Y28393, and sequentially from U96Y28876 – U96Y29128 due to a problem with the bicycle fork. The forks on these defective bikes have a danger of separating from the alloy steerer tube, causing the rider to possibly lose control, have a bike accident and suffer personal injuries.
Owners of these REI bicycles are instructed to stop using the defective bikes immediately and contact their local dealer (800-426-4840) to arrange for a replacement fork to be installed free of charge.
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The Facts About Cycling Safe in Massachusetts
Cycling is one of the most efficient, healthy, and environmentally-friendly modes of transportation in Massachusetts. Every day, Massachusetts cyclists take to the streets for their work, commute, recreation, and exercise.
This growing population of cyclists has not gone unnoticed, and local authorities have increased bike lanes and parking throughout the Commonwealth.
New laws have also been passed to protect cyclists by expanding their rights and responsibilities on Massachusetts roads.
With the tragic death of another Boston cyclist, the bicycle lawyers at Breakstone, White, and Gluck want to take a moment to review the current state of Massachusetts Bike Law (G.L. c. 85, § 11B).
Cyclists often have questions about changing laws in Massachusetts and how these changes affect their rights and obligations. Here are some of the most common questions Massachusetts cyclists have, linked to a brief summary of the answers:
What roads can I ride my bicycle on in Massachusetts?
Can I ride my bicycle on the sidewalks in Massachusetts?
Do bicyclists have to stop at red lights?
Do bicycle riders have to use hand signals?
Can cyclists ride next to each other?
Where can I park my bicycle?
Do I need lights on my bike?
Do I need reflectors on my bike?
What should I do if I am injured while riding my bike in Massachusetts?
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Attorney David White Discusses Snow and Ice Law on Legal Talk Network
With near record levels of snowfall across Massachusetts this winter, the state has seen many car accidents, over 100 roof collapses and many school closures. These challenges follow Papadopoulos v. Target Corp., the 2010 Massachusetts court ruling which raised the legal burden on Massachusetts property owners to clear snow and ice.
With the ruling, Massachusetts property owners must take reasonable care to remove all snow and ice from their property or be found liable for resulting injuries from snow and ice falls. Previously, property owners were not liable for injuries resulting from natural accumulations. While a new law often faces challenges in the first few months, this extreme winter has added many unexpected turns.
Attorney David W. White of Breakstone, White & Gluck and Attorney James T. Scamby of Tucker, Heifetz & Saltzman joined Legal Talk Network and co-host Bob Ambrogi this week to discuss what the new law means in this extreme winter.
Click here to hear the podcast.
Click here to learn more about the show and news stories about Massachusetts’ snow and ice law.
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Defective Space Heaters Recalled
As consumers look to space heaters to stave off the winter chill, a large manufacturer has recalled over 100,000 defective units from the shelves.
Lasko Products, Inc. of West Chester, Pennsylvania recalled 107,500 defective space heaters this week in cooperation with the U.S. Consumer Product Safety Commission. An electrical connection in the base of the unit can overheat, causing it to melt and expose the electrical connection.
Lasko received 36 reports of electrical connection overheating with no reports of injury. There were 18 reports of minor burn damage to floors or carpets.
Two defective space heater models were involved in the product recall. The Lasko Model 5540 was sold at Sam’s Club and other retailers from September 2002 through early 2004. The Air Kind Model 8540 was sold primarily through W.W. Granger Inc. from late 2002 to 2004.
Consumers are advised to stop using the defective space heaters immediately and contact Lasko for a free replacement.
If you are using another space heater, please visit the website of the Boston product liability lawyers at Breakstone, White & Gluck. Click here for our home heating safety tips.
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Driving Safely On The Roads This Winter
Massachusetts commuters struggled through a hard January, as a record four feet of snow slammed the region, making for dangerous drives, difficult walking and weary spirits.
As February moves in, both the snowbanks and frustrations keep growing – making it even more important to plan before heading outside, especially if you commute to work.
The risk for car accidents increases in the snow and approximately 70 percent of all winter deaths related to snow and ice occur in automobiles, according to the Massachusetts Emergency Management Agency.
Here are our some safety tips from the Boston personal injury lawyers at Breakstone, White & Gluck:
- Have a well-stocked Winter Emergency Car Kit. It should include a flashlight with extra batteries, cell phone charger, first-aid kit, windshield scraper and brush, shovel and a brightly colored cloth to use as a flag. Click here for other items to include.
- Consider public transportation.
- If you drive, travel during daylight hours. Consider commuting with a co-worker on the most difficult days.
- Slow down on the road. Many times, hazards such as black ice cannot be seen until it’s too late.
- Be extra cautious driving around bends in the road. The tall snowbanks have narrowed the roadways, leaving less room for both you and other cars, increasing the chance for car accidents on snow and ice.
- Give the snow plows extra room to work.
- Be aware you may have to slow down for pedestrians in areas where sidewalks aren’t shoveled.
- Keep your car’s gas tank at least half-full.
- Make sure your car has good winter tires with adequate tread and pressure.
- If you do have to stop your car on the highway, stay calm. Pull off the road and turn off the hazard lights. Take the brightly colored distress flag from your snow emergency kit and tie it to your radio antenna or window. Call the local police and your local auto club for assistance.
Snowblower Safety Tips For A Hard Winter
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.
How Pedestrians Can Practice Safety in Winter
Pedestrians need always be concerned with the cars and trucks they travel alongside, but winter is a time to practice extra caution to avoid pedestrian accidents. Bad weather and areas where sidewalks are not shoveled pose new threats to pedestrians during this time of year.
During and after snowstorms, drivers struggle with road conditions and visibility, increasing the risk for car accidents and pedestrian accidents. A driver’s ability to see pedestrians is often impaired by large snow piles and shorter hours of daylight. Pedestrian accidents are more likely in areas where sidewalks are not cleared and pedestrians are forced to walk in the road.
These factors mean pedestrians have to plan their travel carefully and dress appropriately. The Massachusetts pedestrian accident lawyers at Breakstone, White & Gluck offer these tips:
- Limit your walking where snowbanks are high. If you have to walk outside, avoid walking at night or during the snowfall, when there is less visibility.
- If you can, find out in advance whether the area you will walk has cleared sidewalks. This is important on busy traffic routes, back roads and highways. Plan accordingly.
- If you have to walk outside, carry a cell phone in case of emergency. But do not use it while walking in the roadway or crossing the street. To avoid a pedestrian accident, wait until you reach a sidewalk or a safe area in a parking lot. (Some states are considering banning cell phone use while crossing streets. Click here for a New York Times article on the subject). Even if it is not the law, it is good practice!
- Wear lightly or brightly colored clothing. Reflective neon clothing can provide benefits in both daylight and night hours by allowing drivers to see pedestrians sooner and adjust their driving if necessary. Some walkers use flashlights or even flashing lights to warn vehicles.
- If you see a commercial truck with snow on its roof, contact the company to report the driver. Snow on top of a vehicle can slide off and be thrown at other motor vehicles and pedestrians, causing car accidents and significant personal injuries. Look for the name of the company on the vehicle’s exterior or take note of its name. It’s best if you have at least part of the vehicle identification or license plate number. Several states have laws requiring drivers to clear snow from their vehicle’s roof.
- And if you are driving, take time to clear your car as well. This will increase visibility while you are driving, and prevent potential accidents for drivers and pedestrians around you.
How to Avoid Cold Weather Injuries and Illness
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.
Space Heaters
- 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.
Wood-burning Stoves
- 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.
Protecting Your Water Pipes
- 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.
Keeping Safe Outdoors in the Cold
- 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.
What Accutane Users Need to Know
Accutane is an acne medication that was once widely used, but withdrawn from the market in June 2009. The manufacturer, Hoffman-LaRoche, discontinued the drug as it faced Accutane lawsuits related to the drug’s powerful side effects.
Accutane is also known as isotretinoin. Approved for use in 1982, the medicine was originally manufactured to treat certain types of cancer. Later marketed as an acne medication, it proved effective at treating severe nodular acne, a chronic condition characterized by large, red, swollen lumps on the skin. Left untreated, severe nodular acne can cause permanent scarring.
Between 1982 and 2009, Accutane was used by more than 13 million patients, including those in Massachusetts. Additionally, many other individuals used generic equivalents, such as Amnesteem, Claravis and Sotret. The generic equivalents are still being prescribed.
The drug has long faced government scrutiny for its side effects, including birth defects, inflammatory bowel disease, ulcerative colitis, Crohn’s disease, liver damage, suicidal thoughts and depression. In many cases, patients have required extensive medical treatment and surgery to correct Accutane injuries.
The FDA has issued several warnings about Accutane over the years. In 2005, it warned users to watch out for symptoms of depression, suicidal thoughts and mood disturbance. The government agency has worked with Hoffman-LaRoche for many years on its iPledge program to reduce the risk of birth defects among female users. In 2007, the FDA warned consumers not to purchase Accutane or its generic equivalents over the Internet without consulting a doctor.
If you have taken Accutane, it is important to be informed of your rights. If you have taken the defective drug and suffered personal injuries as a result, you may be able to file a claim against the manufacturer.
Breakstone, White & Gluck of Boston, Massachusetts is skilled at handling product liability cases involving defective drugs such as Accutane.
Click to learn more about our Massachusetts Accutane lawyers. Or if you have a case, contact us today at 617.723.7676 or use our form.
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State Investigation Reveals Unodorized Propane Tanks in Fatal Norfolk Explosion
According to the recently released report of the Massachusetts State Fire Marshal, the Norfolk condominium explosion that killed an electrician in July 2010 was caused by a leak of unodorized propane gas. Breakstone, White & Gluck represents the late electrician’s family.
William Nichols, a 46-year-old electrician from Blackstone, was one of the workers in the condominium at The Village at River’s Edge when it exploded on July 30. He was buried under burning debris for more than ninety minutes before he was pulled alive and conscious from the wreckage. Mr. Nichols died that evening at Brigham & Women’s Hospital in Boston from his massive injuries. Seven other people were injured in the blast.
State investigators called this a case of “odorant fade,” which results from underfilling of a new propane tank. Industry safety standards specify tanks should be filled 80 percent. EnergyUSA of Taunton only put 200 gallons in the tank providing propane to the condominium.
Workers at the scene had no warning there was a propane leak. The leaking gas contained no ethyl mercaptan, a strong odorant which is added to propane to allow for its detection. Without this additive, propane is odorless and undetectable.
Boston attorney Marc Breakstone, who represents the Nichols family, stated that ‘these reports describe in painful detail the danger of a leak of unodorized propane gas into the environment. This was a tragedy which could have been prevented if industry safety standards had been followed.”
Read the state report on the explosion.
News coverage:
- The Boston Globe
- The Boston Channel
- Fox 25 Boston
- The Milford Daily News
- Sun Chronicle