Posts by Breakstone, White & Gluck
Ban on Lacquer Floor Sealer Starts Today
Breakstone, White & Gluck congratulates MassCOSH for its tireless advocacy of a new law which bans flammable floor finishing product in Massachusetts. The law takes effect today.
The law bans the commercial use and sale of lacquer sealer, which can easily ignite and is linked to three deaths of floor finishers in house fires.
“This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction,” said Marcy Goldstein-Gelb, executive director of MassCOSH (the Massachusetts Coalition for Occupational Safety and Health).
The law was filed at the urging of the industry-labor-community Floor Finishing Safety Task Force. The task force investigated two home fires in Somerville and Hull that killed three floor sanders and burned several others.
The task force was led by MassCOSH and Viet Aid. The floor refinishing industry in Massachusetts is largely concentrated in the Vietnamese community.
The Massachusetts Department of Public Health is disseminating new posters alerting floor finishing contractors across the state about the ban.
Breakstone, White & Gluck is a construction accident law firm, and is a proud sponsor of MassCOSH. Click here to learn more about MassCOSH.
Be Safe When Clearing Snow From Your Home’s Roof
When you think of winter, you may envision a beautiful white snow fall. But in Massachusetts, we know after the snow comes the hard cleanup.
For homeowners, the cleanup starts with frequently traveled areas, such as your front steps, driveway and sidewalks. It’s best to keep these areas shoveled and salted during the snowstorm as well as in the hours afterward, when freezing and snowdrifts occur. Staying vigilant is the best way to prevent slip and fall injuries on snow on your property.
Next, remember your roof and rain gutters. Neglecting your roof can be a safety hazard for your family and cause significant damage to your home.
When snow piles up on a roof, it acts as a sponge for sleet and rain. This will eventually leak and cause roof deterioration over time. The snow also puts weight on your roof, posing a threat for collapse.
More immediately, the snow can leak and freeze on driveways and walkways where someone could slip and fall. Minimize the risk with these tips:
- Check your roof throughout a snowstorm so you are aware of snow accumulation and remove it as soon as possible.
- Purchase a snow rake at your local hardware store so you can stand on the ground and clear snow.
- Do not purchase a metal snow rake. It can conduct electricity if it crosses an electrical line.
- Do not use a ladder to clear snow from your roof. The snow and ice on the ground and on your home are not stable enough to support a ladder.
- Clear large icicles from roof overhangs, doorways and walkways.
- Make sure you are capable of handling this cleanup yourself. If not, contact a local snow removal company.
- Check your rain gutters for snow accumulation. Remove snow from visible areas.
- Clean your gutters twice a year to prevent snow from clogging up.
It is important to keep your property safe by promptly removing snow after a snowstorm. Slip and falls in snow can result in severe personal injuries to you, your family and others. The law on cleaning up snow and ice have recently changed in Massachusetts, putting a greater responsibility on property owners. Click here to learn more.
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What Massachusetts Property Owners Need to Know About Snow Removal
This year’s snow fall brings new responsibilities for Massachusetts property owners. A new law took effect in July 2010, when the Supreme Judicial Court ruled in the case of Papadopoulos v. Target Corporation.
The ruling means property owners now must take reasonable care to remove all snow accumulation from their property and keep accessible areas safe to travel. Previously, Massachusetts property owners enjoyed a special exemption from liability for “natural accumulations” of snow and ice. An injured person had to demonstrate the accumulation was “unnatural,” such as a snow pile created by a plow.
The ruling means snow removal is now a requirement. If a property owner fails to use reasonable care in clearing snow and ice from their property and someone is injured as a result, the property owner can be held liable.
Breakstone, White and Gluck has recently explained the new law in the media, including what it means for property owners and those injured in snow and ice accidents. Here’s what we had to say:
Snow Removal Law May Face Test. Attorney David White discusses Massachusetts’ new snow removal law in The Boston Globe. Dec. 25, 2010. Click here to read.
Attorney David White tells WBZ-TV about the new standard for snow removal in Massachusetts and offers property owners tips for protecting themselves. Click here to watch. Dec. 20, 2010.
Attorney David White is interviewed by Fox 25 about the recent Massachusetts snow and ice decision and its impact on snow removal for property owners. Click here to watch. Dec. 17, 2010.
Snow and Ice Removal No Longer Optional. Attorney David White explains what a recent Supreme Judicial Court ruling means for property owners and snow removal this winter. Allston-Brighton Tab. Dec. 17, 2010. Click here to read.
Supreme Judicial Court Changes Rules on Snow Removal in Historic Decision. On July 26, 2010, the Massachusetts Supreme Judicial Court abolished the longstanding distinction between natural and unnatural snow accumulation in slip and fall cases. Attorney David White tells The Boston Globe the ruling means, “all property owners must pay attention to conditions caused by snow and ice.” Read the article here . Also read White’s comments in the Salem News and to the Associated Press.
Attorney Marc Breakstone tells Massachusetts Lawyers Weekly snow and ice decision is, “one of the greatest public safety decisions to come down in last 25 years.” Read full article here.
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Property Owners Must Observe Snow Removal Ordinances and Recent Court Decision This Winter
Months after a landmark court ruling regarding snow and ice removal in Massachusetts, the city of Newton is considering a sidewalk snow removal ordinance.
The city initially proposed an ordinance requiring snow be cleared within 24 hours of a storm. Residents protested and city officials have proposed another ordinance allowing 30 hours. Businesses would still have 24 hours. The proposal is pending.
Many municipalities have ordinances requiring residents to keep their sidewalks clear to avoid snow and ice accidents. In Boston, renters, property owners and management companies of residential buildings with less than six units have six hours. Commercial property owners, renters and management companies have three hours, as do managers and owners of residential properties with more than six units.
Other communities provide larger windows of time. Springfield allows residential property owners and renters 24 hours while Worcester permits 10.
These ordinances are designed to protect the public on sidewalks. But property owners have a responsibility to keep their entire property safe after the Supreme Judicial Court’s decision in Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010).
Prior to the decision, property owners were liable for injuries sustained on what is known as an “unnatural accumulation” of snow or ice, such as a snow plow pushing snow onto a driveway. Now, property owners are liable for injuries resulting from natural accumulations as well, meaning they have a responsibility to keep their property reasonably safe and free from snow and ice after a storm.
If you are a property owner, this means you want to consider how you can prevent snow and ice accidents on your property this winter. Here are a few tips:
- You have a responsibility to clear your driveway, sidewalks and other areas accessible to the public.
- If you are using a snow blower, keep a shovel on hand as a back-up.
- Stock up on salt and use it regularly throughout a storm and in the hours afterward, when a large amount of freezing occurs.
- Walk your property after the snow falls. If you cannot move across it safely, others will be at risk.
- Ask yourself if you can handle your own snow removal. If not, contact a snow plowing company.
For more information about your obligations as a property owner, visit the Breakstone, White & Gluck website.
Click here to read about the city of Newton’s proposed snow removal ordinance.
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Products Recalled to Protect Children
The U.S. Consumer Product Safety Commission (CPSC) and two companies have issued widespread recalls of defective products that pose a safety hazard to children.
In the first case, Lowe’s has recalled 11 million Roman shades and roll-up blinds. The move is part of a farther-reaching recall that began in December 2009 and has so far involved 25 retailers. Lowe’s sold the largest number of blinds and shades, followed by Ikea. Walmart, JCPenney, Ethan Allen and Jo-Anne Fabric and Craft Stores also sold significant quantities.
The Roman shades and blinds were sold between 1999 and January 2005. Both products can cause strangulation because a child playing could become entangled in the cords and the fabric or plastic blinds.
The recall began after the CPSC learned about two incidents of children who became entangled in the Roman shade’s cord. Neither suffered personal injury. But after the recall was initiated, another 4-year-old boy did suffer personal injury, including rope burn to his neck after getting caught in the cord.
No incidents of personal injury have been reported for the roll-up blinds from this particular store.
Consumers should stop using the shades and contact the Window Covering Safety Council for free repair kits at 800-506-4636.
The CPSC has received five reports of wrongful deaths and 16 near strangulations in Roman shades since 2006. It has received three reports of accidents leading to deaths in roll-up blinds since 2001. The commission recommends consumers use cordless blinds and shades in homes where children visit. If your blinds and shades have cords, keep them inaccessible and install tension devices.
The other product recalled was The First Years American Red Cross Cabinet Swing Locks. About 41,300 locks were sold at Toys R Us, Babies R Us and other retailers.
The locks were designed to keep children from accessing cabinets.
But The First Years company received seven reports of latches breaking. Consumers should stop using the locks immediately and contact the company to obtain a coupon toward purchase of another product. Visit this link for more information.
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Cook Safely This Thanksgiving
As your family prepares for Thanksgiving, a lot of thinking goes into what will be on the Thanksgiving table. But more important than what you put on your table is how to cook the delicious food ….safely!
Thanksgiving is the leading day for cooking fires in the United States. Three times more cooking fires occur on Thanksgiving than on the average day. In 2008, fire departments responded to 1,300 home cooking fire accidents on the holiday, compared to 420 on an average day, according to the National Fire Protection Association.
Cooking is a leading cause of fires year-round. Two out of every five home fires in the United States result from cooking. Between 2004 and 2008, an average of 460 people died in cooking fires. Three of every five people who suffered personal injury were hurt trying to extinguish the flames themselves.
Protect your home and family this holiday with these tips:
- Unattended cooking is the most common way kitchen fires get started. Do not leave the kitchen while using a stovetop. If you must leave, turn the stovetop off until you return.
- Be alert. Do not cook if you are tired or have consumed alcohol.
- Clear your stove of anything that could catch on fire, including oven mitts, utensils and towels.
- Use a cooking timer so you do not forget you are cooking.
- Do not leave the house when cooking.
- If you are deep frying, go outside. Do not stuff the turkey. When deep frying, use turkeys that are 12 pounds or less in size. Avoid using too much oil by doing a preliminary test using water. Place the turkey in the cooking utensil and add water to cover. When you remove the turkey, measure the amount of water. Use the same amount of oil.
- Do not cook your turkey in a brown paper bag from the grocery store. They are unsanitary, emit toxic fumes and may ignite under the flames. Use a commercial oven cooking bag.
- If you do have a cooking fire, leave quickly. Do not try to put out the fire yourself. Close the door to contain the fire. If you do attempt to fight the fire, make sure others leave and you have a clear exit.
For more information on Thanksgiving cooking safety, visit the websites of the National Fire Protection Association and the USDA Food Safety and Inspection Service.
Don’t Buy Your Children These Toys This Holiday
Thanksgiving is just a week away and that means the holiday shopping season is almost upon us. If you are shopping for children, we want to help you make safe buying decisions to avoid injuries to your children.
Here is the 2010 “10 Worst Toys” list, published by W.A.T.C.H. This year’s list showcases toys that cause potential eye injuries, choking and even death.
- Spy Gear Split-Blaster
- Supasplat Splatbaster
- Buzz Magnets
- Kung Fu Panda Sword of Heroes
- Ballzillion Tug Boat Play Center
- My First Mini Cycle
- Pull Along Caterpillar
- Animal Alley Pony
- Big Bang Rocket
- Walkaroo II Aluminum Stilts
There are some other toys you may want to keep off your shopping list. They pose no safety hazard, but we believe they demonstrate bad taste and inappropriate marketing ideas.
Here is this year’s “10 Controversial Toys That Won’t Be On This Year’s Wish Lists,” published by Wallettop.com:
- Oreo Barbie
- Terrorist figurine
- Play-Doh Drill ‘n Fill Playset
- My Cleaning Trolley
- Harry Potter and the Vibrating Broom
- Breast-Feeding Doll
- Airport Security Play Set
- Mommy’s Boob Job
- Mattel’s American Girl Homeless Girl
- “Crazy For You” Teddy Bear
The personal injury lawyers at Breakstone, White & Gluck wish you a happy and safe holiday shopping season!
For more information on toy safety, read this report from the American Association for Justice.
Think Space Heater Safety
As the cold weather makes its return to Massachusetts, many people are bringing out the portable space heaters.
Always practice caution when using space heaters. Each year, space heaters cause death, injury and substantial property damage in both Massachusetts and across the country.
In 2007, U.S. fire departments responded to 66,400 home structure fires that involved heating equipment, according to the National Fire Protection Association. These fires killed 580 people, injured another 1,850, and were responsible for $608 million in direct property damage.
In Massachusetts, there were 57 space heater fires between 2004 and 2008, according to the Office of the State Fire Marshal. One in every six space heater fires caused a fatality.
The leading cause of space heater fires is when the appliance gets too close to combustible materials, such as furniture, carpeting or bedding. Other space heaters are also defective, improperly made and should never have been sold to consumers.
If you are using a space heater this winter:
- Keep the space heater at least three feet away from flammable items, such as rugs, curtains, blankets or clothing.
- Use a space heater to supplement your furnace. A space heater should not be your primary source of heat. If you are worried about having your heat shut off, learn more about the state’s Utility Shutoff Protection program.
- Do not leave a space heater in a room unattended while it is turned on or plugged in.
- Take caution not to use a space heater when you are sleepy. Many fires happen when someone falls asleep near a space heater.
- Do not allow small children near a space heater.
- Do not use an extension cord with your space heater. Many space heater fires start when an extension cord ignites a carpet, rug or wood floor. If an extension cord is needed, use one that is new and rated by the Underwriters Laboratory at 16-gauge or thicker.
- Purchase a space heater with an automatic shut off. This will stop the device from working if tipped over.
- Inspect your space heater for cracks and broken parts. If you see a problem, replace it before using.
For more information on space heater safety, visit the National Fire Protection Association’s website. We also urge you to check regularly to see if your space heater has been recalled. You can search for your model on the recall section of the Consumer Product Safety Commission website. If you don’t find anything, try a simple Google search. Space heaters are regularly recalled, as are other devices. Manufacturers make design mistakes, or errors are made somewhere along distribution. Other times products are marketed incorrectly. Even if you register products with the company, you really have to be proactive and search for product recalls yourself to protect your family. We should not have to check; manufacturers have a responsibility to fully test products before making them available to consumers. Because this does not always happen, it’s important to check for space heater recalls on your own.
Propane Distributor Linked to More Odorless Propane
A new state report shows DCP Midstream, which distributed the unodorized propane that caused a deadly Norfolk condo explosion, also shipped dangerous propane to four gas facilities serving Massachusetts consumers.
The report was released by Attorney General Martha Coakley and State Fire Marshal Stephen Coan last week. It found DCP Midstream distributed under-odorized propane to four sites associated with Heritage Propane in Sandwich and Martha’s Vineyard. DCP Midstream also had unodorized propane in five railcars at its Westfield facility. Federal and state laws require propane to have an additive known as mercaptan, which emits a strong odor.
The report was prepared this fall by an independent propane expert. Prior to the investigation, state investigators had found six other distributors in Massachusetts received deficient propane.
On July 13, a 48-year-old electrician was killed in a condominium explosion at The Village at River’s Edge in Norfolk, Massachusetts. The complex had received unodorized propane distributed by DCP Midstream. There was a propane leak, but none of the workers at the scene that day were able to smell propane.
“We applaud the swift investigation by the Attorney General’s office, and the findings of the Independent Examiner,” said Marc Breakstone, the attorney for the electrician’s family. “But this report does not answer the question of how odorless gas ended up in the environment at the explosion site. Only time and extensive discovery will reveal the truth about how this catastrophic explosion occurred.”
State officials say the affected companies have all addressed the deficient propane. Independent testing will continue at DCP Midstream’s facility for two years.
DCP Midstream began distributing the dangerous propane in Massachusetts in May 2010. The propane originated with Aux Sable Liquid Products of Illinois.
Daylight Saving Time is Time to Check Smoke Alarm Batteries
Each day, it gets darker outside earlier and we are reminded that Daylight Saving Time is almost here. Next Sunday, Nov. 7, we “fall back” again and set our clocks back an hour.
Daylight Saving Time began during World War I to take advantage of the longer days and save energy costs from increased sunlight. Retailers like it because they believe it increases evening shopping. But today, fire departments across the country use it as a reminder to check the batteries in your home’s smoke alarms.
It’s important to follow this advice. Approximately every three hours a home fire death occurs in the United States. Eighty percent of these occur in homes without working smoke alarms. Many other people sustain serious personal injuries.
Daylight Saving Time is also a good opportunity to test your smoke alarm, although the Consumer Product Safety Commission (CPSC) recommends smoke alarms be tested once a month.
In between monthly checks, pay attention for failing batteries. It’s time for a new battery if a smoke alarm begins to chirp. This is the smoke alarm’s low-battery warning.
Also make sure you have an adequate number of smoke alarms to protect your home. The CPSC recommends at least one smoke alarm on each level of your home. Make it a priority to place alarms near bedrooms and inside bedrooms. If you are changing the wiring in your house, wire your smoke detectors together. That way, if one goes, they all go.
Another suggestion is to produce a fire evacuation plan and do a home fire drill. When there is a plan, people panic less and there is a better chance they will escape the flames faster. For assistance with this, visit the National Fire Protection Association’s web page on fire escape planning.
For more information on smoke alarm safety, visit the Consumer Product Safety Commission’s website.
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