Articles Posted in Personal Injury

Baby swimming lesson

A media report explores whether swim lessons actually reduce the risk of injury. The American Academy of Pediatrics (AAP) says children should not start lessons until age 1. Previously, the AAP’s recommendation was not before age 4.

Swimming lessons have certainly changed over the years. Parents are signing children up earlier, as young as 6 months old, to get them used to the water. A recent WBUR report explored whether this is all for fun or if children in today’s swim lessons are actually learning enough to reduce their risk of drowning.

As a parent, ask your child’s swim instructor about their goals. Experts interviewed by WBUR said the goal should be water survival and broader pool safety skills.

After a Massachusetts restaurant's food poisoning outbreak, friends eat a meal which has been safely prepared.

A food poisoning outbreak has closed a Massachusetts restaurant in the middle of the summer season, raising concerns for diners.

A North Reading restaurant has been closed indefinitely after 39 diners filed complaints related to a salmonella outbreak. The source may be the antipasto salad, but the local board of health is still investigating.

The North Reading Board of Health shutdown Kitty’s Restaurant on Main Street on July 3. The board investigated the food poisoning, which may have initially occurred on June 23. After a thorough cleaning, the restaurant was allowed to re-open – though not for long. The restaurant has been closed again following a new report, this time from a June 25th visit.

20180305-seatbelt-1200There is nothing more important than protecting your family and other passengers in the car. Many of us drive less often in the winter in Massachusetts. But in a few weeks, families will be back in the car more for afterschool sports, activities and weekend trips.

Take a few minutes now to inspect your vehicle’s seat belts and child passenger safety seats. Make sure this equipment is working and properly adjusted to fit each child. Replace car seats if your children have outgrown them. Then talk to your family about the importance of always wearing a seat belt.

Dangers on the Road for Children

Football on a field and football players in backgroundProfessional football players face a high risk for concussions, far greater than most of us. But Rob Gronkowski’s concussion a few weeks ago was a reminder that concussions can happen when we least expect them, even in the middle of a big game. And when they do, the game must stop.

Much has changed over the past decade, as hundreds of former NFL players have sued over head injuries. Every state now has a concussion protocol for student athletes. In Massachusetts, students, coaches and parents are now trained to recognize concussion symptoms and how to respond. But others should also be aware of the risks. Beyond the playing field, concussions can happen in car accidents, construction accidents, falls and other situations.

Concussions are a mild Traumatic Brain Injury (TBI) which are often caused by an impact to the head. Concussions can be hard to recognize at first, with some initial symptoms mirroring the flu.

Snow shoveling

Property owners, grab your shovels, some salt and a little patience. The snow is back in Boston and this is just the beginning.

Snow Removal Was Not Required in Massachusetts
We shouldn’t say the beginning. Snow and ice is the oldest story in New England. But for many years, Massachusetts law distinguished between “natural” and “unnatural” snow accumulation and held that property owners were not liable for injuries caused by a natural accumulation of snow and ice. But the Supreme Judicial Court abolished this distinction in Papadopoulos v. Target, 457 Mass. 368 (July 26, 2010).

In Papadopoulos, the plaintiff slipped on ice in the parking lot outside a Target department store in Danvers. After leaving the store, the plaintiff fell on a patch of ice on the pavement. The patch formed after a snowplow had worked in the area, followed by a snowstorm. He filed suit against Target Corporation and Weiss Landscaping Company, Inc., which was responsible for the snow and ice removal.

The trial court ruled the patch was a “natural accumulation” of snow. The Appeals Court affirmed this decision, but the Supreme Judicial Court rejected the distinction between natural and unnatural snow accumulation. With this decision, property owners had to accept the same duty of care in snow and ice cases as in other cases. They must keep their property reasonably safe.

Massachusetts Property Owners Now Have a Duty of Reasonable Care in Snow Removal
This was a good decision for consumers, because now, those who fall on someone’s property can now seek compensation for their injuries and recovery if the property was not properly maintained. Homeowners, landlords, businesses and commercial property owners now have a duty of reasonable care to clear the snow and ice.

Since Papadopoulos, the courts have recognized this responsibility with an occasional exception for commercial property owners. In some cases, the courts have found store owners or tenants which operate in a leased space are responsible for the maintenance, and not the property owner. This distinction turns on the fact the tenant has control of the property. Lease provisions also usually require the tenant to indemnify the landowner.

If You Are Injured on Snow and Ice
If you slip and are injured on snow and ice, you have rights, but you need to act promptly. First, you should always receive medical treatment for your injuries. Then, notify the owner or person in control of the property that you were injured on their property. This must be done within thirty days! (M.G.L. c. 84, § 21).

Before you notify a property owner, consult a Boston snow and ice accident lawyer. At Breakstone, White & Gluck, our attorneys have extensive experience in this area. We are here to answer your questions and advise you of your legal rights. You may be entitled to payment of medical bills, lost wages and other damages.

A Recent Case Handled by Breakstone, White & Gluck
When our client fell on an icy ramp in Walpole, she turned to Attorney Marc L. Breakstone for help. He investigated and negotiated an $825,000 settlement.

Attorney Breakstone’s investigation found the handicap ramp, which was on a commercial property, had not been maintained. The area where our client fell was covered in ice and there was no hand railing. This was a violation of state and local codes. Read more about this case.

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Fidget spinner missing a piece in boy's hands

Fidget spinners have been one of the most popular gifts of 2017, but the small pieces can fall out and cause a child to choke.

By now, the children in your life have probably sent you their holiday toy wish lists. But just as important is the holiday “don’t buy” list.

W.A.T.C.H. released nominees for its “10 Worst Toys of 2017” list in mid-November, leading with Hallmark’s “Ittys Bitty” Baby Stacking Toy. This toy was recalled by the Consumer Product Safety Commission (CPSC) in August. The fabric hats and bows on the Disney characters can detach and cause a young child to choke. This toy also has no safety warnings or age recommendations.

Toy 2: Tolo’s Tug Along Pony. This toy is marketed for children 12 months and older. It has a 19-inch cord, which is permitted for pull-along toys. But W.A.T.C.H. says this toy poses a strangulation hazard and does not carry any safety warnings.

Toy 3: The Wonder Woman Battle-Action Sword. This toy is recommended for children age 6 and up. Before you buy, note that the sword is large and sharp enough to cause facial or impact injuries. The packaging also gets a failing grade. It encourages children to “fight alongside men in a war to end all wars.”

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Thanksgiving week traffic jam in Boston

Driving to your Thanksgiving destination can be demanding. Read our tips to help you get there safely with a little less stress (if that’s possible).

We all want to know the secret to beating the Thanksgiving week traffic out of Boston. To help, we have put together a few travel tips. Please travel safely, be patient and enjoy this special time of year with your family and friends.

Traffic Apps and Resources. Here are a few websites for travelers: Boston.com/Traffic or Mass511.com. Traffic apps: Google Maps, Waze, AAA or GoTime.

Boston’s Worst Traffic Bottlenecks. AAA is reporting on the Boston region’s 10 top traffic bottlenecks for the Thanksgiving holiday weekend. They include several locations along Interstate 93, Interstate 95 and the MassPike (Interstate 90).  Read the full list now before you drive. Try to avoid them if you can.

Check Your Car. Whether you drive your own car or rent a vehicle, spend a few minutes in the driver’s seat before you leave. Make sure you know how to use key features such as the blinkers, headlights and the heating system. Many new vehicles now have complex infotainment systems. Decide now what features you need to use for this trip – and which are distractions.

Essentials. Make sure your motor vehicle registration is in your glove compartment and that you have your health insurance card (or cards if you are a parent traveling with children).

Choose the Best Travel Times. AAA predicts a 3 percent increase in holiday travel this year, so we know to expect more traffic. Tuesday night and Wednesday afternoon will be the most challenging time, according to Waze. Another busy travel time is Thanksgiving Day between 11 a.m. and 1 p.m.

Plan to Stop. Take a break to fend off fatigue and let kids burn off energy. Stop once every two hours.

Gas Up and Emergency Kit. Always start your trip with a full tank of gas. Then, make sure you have a strong emergency kit, with jumper cables, a quart of motor oil, coolant, a first aid kit and a toolkit. Find your auto club membership, a safety vest, a flashlight with extra batteries and a roadside flare. Finally, pack warm clothes, blankets and your cell phone charger.

Commit to Use Your Cell Phone Safely. Our best tip for you is to turn your phone off. If you are traveling with someone, ask them to hold your cell phone and receive occasional phone calls or traffic alerts for you.

When traffic is heavy, a driver can cause a multi-car pile-up with a single glance at a cell phone – and that’s on any given day. The traffic is much worse during the Thanksgiving Week. That is why texting while driving is banned in Massachusetts and 46 other states, and why many are pushing to see Massachusetts ban all cell phone use by drivers.

No Drinking and Driving Accidents. Drunk driving accidents increase during the holiday season, starting with Thanksgiving week. Always, always travel with a designated driver who agrees not to drink. Or do not consume alcohol. No one ever regrets making this decision the next morning.

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Central Square Cambridge
Safety for pedestrians and cyclists is a top concern in Central Square in Cambridge.

Central Square is located around the intersection of Prospect Street, Massachusetts Avenue and Western Avenue in Cambridge. This area is a commuter hub; the Central Square MBTA subway station and bus stop are located here, near Cambridge City Hall. The state of Massachusetts has designated Central Square as an official cultural district, for its mix of theater and arts, restaurants and history. The NECCO building was long part of that history, but these days, 250 Massachusetts Avenue is now the Novartis’ global headquarters. The Cambridge YMCA is there and MIT is nearby.

Over the years, there have been numerous pedestrian and bicycle accidents in Central Square. Central Square was the #1 location for bike crashes in Massachusetts from 2005-2014, according to the Massachusetts Department of Transportation (MassDOT). It was the 5th highest pedestrian crash location. The City of Cambridge has worked to improve safety by improving crosswalks and adding bike lanes across the city. In December 2016, new bike lanes were laid down in Central Square, northbound on Massachusetts Avenue between Sydney and Douglass streets.

Black dog bites at a woman in Massachusetts

Massachusetts lawmakers are considering a bill to prevent insurance companies from discriminating against homeowners who own certain dog breeds.

Massachusetts lawmakers are considering a bill to prevent insurance companies from discriminating against homeowners based on their dog’s breed.

Rep. Jack M. Lewis (D-Framingham) is the sponsor of H.554, which would ensure dog owners can buy insurance to provide compensation to anyone injured by their pet.

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Parking lot serving the MBTA Commuter Rail Station in Waltham. The parking lot is on Carter Street, which the city may upgrade in coming years.

Some of the region’s most dangerous roads and intersections are about to be redesigned in Waltham.

The City of Waltham released its 180-page transportation master plan last January. Some of the steps will drastically change the roads – for example, removing a traffic lane on Lexington Street, acquiring land to expand a road and a “super crosswalk.” The goal is to reduce Waltham car accidents and make it easier to travel the city. This is a 10-year master plan, but some changes have already been made.

Over the summer, the city removed a lane of traffic on Lexington Street, from Curve Street to Lake Street. The city’s goal was to reduce car accidents caused by speeding. The speed limit is 30 mph, but drivers often travel 40 to 45 mph.

The street was repainted with two southbound lanes and one northbound lane. Over the first few days, there was a lot of confusion. Some drivers continued to travel on the old lane –  head-on into traffic in the new lane – putting vehicles at risk for a collision, according to a news report.

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