Articles Posted in Personal Injury

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Attorney Marc L. Breakstone, who is representing a family who lost a loved one in the Lynnway Auto Auction crash, speaks to WHDH TV in Boston. Watch.

Attorney Marc L. Breakstone was interviewed by WHDH TV yesterday, following the announcement that the Lynnway Auto Auction, Inc. and company president James Lamb will each face five counts of manslaughter in the 2017 crash killing five people. Breakstone is representing one of the families who lost a loved one.

“This goes beyond normal everyday negligence,” he said. “This was gross negligence that created a dangerous environment for employees and others at the auction.”

Should students have to wait until they finish 7th grade to play football in Massachusetts? Lawmakers are being asked to consider legislation to delay the start of play to protect players from concussions.

“An Act for No Organized Head Impacts to Schoolchildren,” has been filed by State representatives Paul A. Schmid III (D-8th Bristol) and Bradley H. Jones Jr. (R-20th Middlesex). The legislation would ban children in 7th grade or younger from playing or practicing any form of organized tackle football. Schools would be held accountable and face fines for violations:

  • $2,000 for each violation
  • $5,000 for subsequent violations
  • $10,000 when serious physical harm result to participants

Children would be allowed to play flag football or any form of football which does not involve tackle play. The proposal does not include any other sport.

Causes of Concussions

The Centers for Disease Control and Prevention (CDC) define a traumatic brain injury (TBI) as a disruption to the brain caused by a blow or jolt to the head. Concussions are considered a mild TBI, which can result in a brief change of mental alertness or consciousness. A severe TBI can result in a longer period of unconsciousness or mental change.

Symptoms may not be immediately evident after a concussion, especially if the person or those around them are not familiar with the symptoms, which can include an inability to think clearly, memory problems, feeling dazed and mood, behavior or personality changes. Headaches, nausea and vomiting can also set in.

Beyond the sports field, falls are the leading cause of concussions, according to the CDC. Adults over age 65 and children under 14 are most likely to suffer a fall leading to a head injury. Car crashes are the third leading cause of concussions, followed by being struck in the head by an unspecified object, such as in a construction site accident or by violence.

Concussions can also happen on the sports field. Not every contact necessarily results in a concussion, but to identify injuries, Massachusetts and other states have already passed concussion education and training laws. Known as “return to play” laws, these require high school and middle school students to be examined by a medical professional before they can participate in sports again.

Research on Concussions and the Impact on Younger Football Players

New research shows there is a measurable impact when younger children play football. In a study of 26 football players – all age 12 – Wake Forest researchers found changes in the corpus callosum, which joins the two sides of the brain and integrates cognitive, motor and sensory functions. The players underwent MRIs to examine the changes prior to the three-month season and three months after the season concluded. They were compared to 22 other students who did not participate in contact sports.

Players who suffer a concussion need proper rest and treatment so they can properly heal and to reduce the chance for another injury. Researchers have documented this risk; one study found high school and college students who sustained concussions were four to six times more likely to suffer a second injury (Source: McGill University in Montreal).

Concussion Legislation Filed in Other States

Map of U.S. states considering concussion prevention legislation that would ban children younger than 12 or in seventh grade or younger from playing tackle football.

Lawmakers in Massachusetts and five other states have proposed banning tackle football for children younger than 12 or for those in seventh grade or younger. Data from Shape America.

Massachusetts isn’t taking the field alone on concussions. At least five other states are also debating tackle football bans for children under age 12. These states include Illinois, California, Maryland, New York and New Jersey, according to Boston.comBut none of the proposals are on track to reach state governors.

All 50 states already have “return to play” laws aimed at reducing youth sports-related concussions, according to the National Conference of State Legislatures. Washington state was the first to pass such a law in 2009. By 2015, every other state had enacted a similar law.

In most states, these laws mandate concussion awareness training and education to prevent concussions among student athletes. According to Shape America, 48 states require students suspected of having concussions to sit out at least 24 hours. 

Arizona and South Carolina allow students back on the field the same day with a doctor’s approval.

Passed in July 2010, the Massachusetts concussion law requires parents, volunteers, coaches and school nurses to receive specialized concussion awareness training. This is to help them recognize concussion symptoms and help students receive treatment as soon as possible.

As in other states, the Massachusetts law requires medical clearance before students can return to sports. Schools are then required to maintain detailed record-keeping related to a student’s injury and progress in the classroom and on the field. The law is M.G.L. ch.111 §222. The Code of Massachusetts Regulations is 105 CMR 201.000.

All middle and high schools which offer sports through the Massachusetts Interscholastic Athletic Association (MIAA) must follow the concussion safety law.

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electric scooter

Electric scooter parked on a sidewalk. Seven scooter companies have expressed interest in coming to Massachusetts, according to the Metropolitan Area Planning Council (MAPC).

If proposed legislation passes, electric scooter rentals may soon return to Massachusetts. Bird – a start-up scooter company – flew in and out of the state last year on a failed test run.

Since then, many communities have been discussing regulations locally while waiting for action on the state level. Last month, Gov. Charlie Baker delivered, including electric scooters in his road safety bill, calling for them to be regulated similar to bicycles. Like cyclists, scooter riders would be required to wear helmets to protect themselves from head injuries.

Walk to the Hill banner for Breakstone, White & Gluck

Breakstone, White & Gluck participated and supported the Equal Justice Coalition’s Walk to the Hill 2019 at the Massachusetts State House.

Breakstone, White & Gluck was pleased to support and participate in the Equal Justice Coalition’s Walk to the Hill, seeking increased funding for civil legal aid in Massachusetts. Attorney David W. White joined hundreds of lawyers at the Massachusetts State House, urging legislators to help fund free legal services to residents who cannot afford an attorney on their own. Many Massachusetts residents are not familiar with the coalition until they need help with a landlord dispute, consumer fraud or another non-criminal matter. Then the coalition’s services become critical because when someone faces criminal charges, they have the right to an attorney. But those who need representation in a civil matter are on their own. If they can’t afford a lawyer, the person could suffer devastating losses, personally and financially. With more funding for civil legal aid, the coalition and other legal aid organizations can help more individuals and families stay on track, in their homes, working, receiving medical treatment or going to school without interruption.

The Equal Justice Coalition was created in 1999 by the Boston Bar Association, the Massachusetts Bar Association and the Massachusetts Legal Assistance Corporation. Representatives from these programs participated in a speaking program in the Great Hall at the State House, before attorneys began visiting lawmakers’ offices. Speakers included Louis Tompros, chair of the Equal Justice Coalition; Lynne M. Parker, Executive Director of the Mass. Legal Assistance Corporation; Supreme Judicial Court Chief Justice Ralph Gants; Christopher Kenney, President of the Massachusetts Bar Association and Jacquelynne Bowman, Executive Director of the Greater Boston Legal Services.

man falls on snow and ice in MassachusettsThe forecast is calling for snow in Boston. Get your shovels ready. Clearing snow and ice isn’t just considerate. It’s a responsibility for property owners and drivers under Massachusetts law.

As personal injury attorneys, we have represented many people who have slipped on snow and ice across Massachusetts and never saw the danger or risk. Slips and falls can happen on both residential and commercial property, on walkways, parking lots and unsecured railings. These injuries can be long-lasting and often leave a person unable to work for a period of time. As a property owner, remember you are in control of your property. Shovel and monitor your property so no one is injured.

Massachusetts Property Owners Must Shovel

Massachusetts law recognizes that property owners have a responsibility to clear snow and ice – now. But this was not always true.

In 2010, the Massachusetts Supreme Judicial Court ruled in the case of Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010). This ruling changed everything for property owners and those who are injured on snow and ice.

In Papadopoulos, the plaintiff fell on ice in a parking lot outside a Target department store at the Liberty Tree Mall in Danvers. Claims were brought against the Target Corporation and Weiss Landscaping Company, the contractor in charge of snow and ice removal.

In its ruling, the Supreme Judicial Court abolished the long-standing distinction between “natural” and “unnatural” snow accumulations. In the past, the cause of snow accumulation was significant in determining whether those injured could bring a claim against the property owner. If snow and ice had naturally accumulated, the property owner may not be held liable for injuries. But property owners could be held liable for unnatural accumulations, such as snow thrown by a plow or shovel.

This was known as the “Massachusetts rule,” of natural accumulation. It was rejected by every other high court in New England, according to the Supreme Judicial Court’s decision.

With this decision, the Supreme Judicial Court wrote that property owners will now be held to the same duty of car to act as a reasonable person, regardless of how snow and ice forms to create a property defect.

For property owners, the takeaway is clear your driveways and walkways. Don’t let snow and ice accumulate. If you do, someone could be seriously injured and you could be held liable.

  • Clear snow during and after snowstorms. Salt regularly. Start early into a snowstorm. After a snowstorm, monitor the ice accumulations on your property. Your property may also need attention for the next few days.
  • Safety for your visitors. Approach your property by foot. Walk up your driveway and on any paths. Test how safe these areas are for your friends, family and delivery professionals.
  • Porch safety. If you have a porch, keep it clear of snow and ice during the winter, so melting does not damage or weaken the wood. Remove furniture from your porch so you have no trouble shoveling.

Massachusetts Drivers Must Shovel, Scrape and Clear

car-snow-200The Massachusetts Driver’s Manual states drivers should remove snow and ice from their vehicles before driving. We urge you to plan extra time. Clear all windows, windshield wipers, headlights and brake lights, so your vehicle is fully operational.

Take extra care to clear your vehicle’s roof. Failure to do so can send snow onto the car behind you, throwing the driver off or causing a car accident.

Drivers can be cited for failure to clear snow in Massachusetts. Police can fine drivers with impeded operation if they drive with snow-covered windows. This offense is punishable by a $40 fine.

When a driver fails to clear their roof, they may face a $200 fine for driving with an unsecured load. Drivers of commercial trucks, passenger trucks, vans and other vehicles traveling with snow and ice and other unsecured loads are highly dangerous, especially in winter conditions. Slow down and create space between you and any vehicle which makes you feel unsafe. Move to another lane. Write down the driver’s license plate and contact police.

A driver’s failure to clear snow can lead to a traffic citations, but also criminal charges and liability in a civil case if someone is injured.

Boston Snow and Ice Accident Lawyers – Free Legal Consultation: 800-379-1244
Breakstone, White & Gluck of Boston has over 100 years combined experience representing those injured by the negligence of commercial and residential property owners. We have expertise in handling cases involving snow and ice falls, porch collapses and landlord negligence. Our Boston personal injury attorneys have represented clients across the state of Massachusetts, including Boston, Brockton, Hyannis and Cape Cod, Fall River, Framingham and Worcester.

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

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courthouseFor decades, the Massachusetts courts have adhered to the “transitory water doctrine.” Simply put, under this common law standard, Massachusetts property owners have generally been shielded from liability in slip and fall cases when an injury results from normal use in wet weather. For example, a customer who wears boots in the snow and tracks water into a store, causing another customer to slip.

Established more than 40 years ago, the transitory water doctrine has set the legal standard for property owners. With no incentive to avoid liability, large commercial property owners were virtually free from worries about injuries caused by water tracked in from outside. Make no mistake: many people have been badly hurt right after crossing the threshold of a store, where the water and grime are most concentrated.

But this may change, after a recent ruling by Superior Court Judge Cornelius J. Moriarty II.

Breakstone, White & Gluck was pleased to support MassBike’s Light Brigade 2018, which delivered bike lights to cyclists who needed a set so they can be visible to drivers. All Photos: Courtesy of MassBike Light Brigade 2018 Facebook Photo Album

massbike-4-1200We want to say job well done to MassBike for helping cyclists ride safely at night in Massachusetts. Over the past few weeks, MassBike has been distributing bike lights to cyclists from near and far, shining a light on the importance of staying visible during these dark days of winter.

Under Massachusetts law, cyclists are required to use bike lights from 30 minutes after sunset until 30 minutes before sunrise.  The front of the bike must be equipped with a white light (visible at least 500 feet away), with a red light or reflector on the back.  Drivers must be able to see the rear light from at least 600 feet away.

MassBike is committed to getting lights to cyclists, reaching across 90 miles with this year’s campaign. Volunteers have given out lights in Boston, including in the Allston, Jamaica Plain and Charlestown neighborhoods and nearby: Cambridge, Lynn, Newton and Needham. Further west, cyclists in Northampton, Holyoke and Worcester also received lights. We’re told there may be more stops.

Breakstone, White & Gluck was a sponsor of MassBike’s campaign in 2017 and 2018. Other sponsors of the MassBike’s 2018 Light Brigade include Digital Lumens, Cycle Massachusetts and Charles River Wheelers.

More questions about Massachusetts bicycle laws? Read our article, “Quick Facts About Massachusetts Bicycle Laws.”

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massbike-3-1200  massbike-5-1200-charlestown

Photos: Courtesy of MassBike Light Brigade 2018 Facebook Photo Album

About Breakstone, White & Gluck

With more than 100 years combined experience, Breakstone, White & Gluck is a Boston law firm specializing in personal injury and medical malpractice cases. Our partners founded our firm in 1992 and we have supported bicycle safety the entire way. For more than 20 years, we have sponsored bicycle clubs and organizations in the Boston area (and in some cases, ridden along the way; one of our partners is also a cyclist).

In 2013, our attorneys launched our Project KidSafe campaign, which has now given away more than 20,000 bicycle helmets across Massachusetts. Along the way, we have proudly worked with over 40 community organizations, including Massachusetts Safe Routes to School, more than a dozen police departments and bicycle committees in Milton, Westborough and Framingham. In 2017, we were recognized as a Silver Level Bicycle Friendly Business by the American League of Bicyclists.

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

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

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

Honda Odyssey van

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

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

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

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

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

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

IKEA dining tables recall November 2018

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

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

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

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

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

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

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

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

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

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

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

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


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

Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers

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

The 10 Worst Toys of 2018

Protect Your Children from Lithium Button Batteries

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

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

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

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

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

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

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

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

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

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

Our Attorneys

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

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

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

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

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

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