Articles Posted in Personal Injury

The Boppy Company recalls infant loungersThe Boppy Company has now recalled 3.3 million newborn loungers after the deaths of 8 infants. The U.S. Consumer Product Safety Commission (CPSC) and The Boppy Company announced the recall on September 23, 2021. Parents are urged to immediately stop using these products and to remove them from their homes.

The infants reportedly suffocated after being placed on their back, side or stomach in these loungers. The deaths were reported between December 2015 and June 2020.

The recalled products include:

  • Boppy Original Newborn Loungers
  • Boppy Preferred Newborn Loungers
  • Pottery Barn Kids Boppy Newborn Loungers

Prior to the recall, The Boppy Company sold the loungers from January 2004 through September 2021 for $30-$44. A total of 3.3 million loungers were sold in the U.S., including by Amazon, Walmart, Target and Pottery Barn Kids. Another 35,000 infant loungers were sold in Canada. The newborn loungers were sold in a number of colors and measured about 23 inches long, 22 inches wide and 7 inches high. Consumers can contact the company for a refund.

In the CPSC’s announcement, The Boppy Company said the infant lounger was not marketed as an infant sleep product and included warnings against unsupervised use. But the CPCS noted the loungers and pillow-like products are not safe near infants, who sleep so much and can quickly suffocate if they roll or turnover.

The CPSC emphasized babies should sleep on their backs, on a firm and flat surface in a crib, free from any blankets, pillows or padded crib bumpers.

The CPSC has been actively investigating the hazards of infant sleep products. On April 5, 2019, the CPSC and Fisher-Price issued a shocking consumer warning, stating that 10 infants, all 3 months or older, had died rolling over in the Fisher-Price Rock ‘n Play sleepers. Parents were initially urged to stop using the products when children turned 3 months or started to turn.

A week later, more than 30 reports of infant fatalities had emerged. On April 12, 2019, after nearly 10 years of sales, Fisher-Price issued a full recall of 4.7 million Rock n’ Play sleepers and warned parents to stop using the product.

The Washington Post later reported Fisher-Price had developed the Rock ‘n Play product after consulting one physician and had not conducted any clinical research. The newspaper would also report the number of infant deaths had risen to 90.

Infant Sleep Product Recalls and Deaths After the Fisher-Price Rock ‘n Play

After the Fisher-Price Rock ‘n Play recall, the CPSC announced several other infant sleeper recalls for products made by Kids II, Summer Infant, Graco and other companies. In June 2021, the CPSC announced another Fisher-Price recall for the  4-in-1 Rock ‘n Glide Soother, and warned that four infants had died while using the product between April 2019 and February 2020. This product went on the market in 2014 and 120,000 units were sold in the U.S.

At the same time, the CPSC announced the recall of 55,000 Fisher-Price 2-in-1- Soothe ‘n Play Gliders between November 2018 and May 2021. No fatalities were reported in association, but the CPSC warned consumers that, “Inclined products, such as gliders, soothers, rockers and swings are not safe for infant sleep, due to the risk of suffocation.”

In 2019, the CPSC released initial findings on infant sleep product research.

New Safety Standard For Infant Sleep Products

In June 2021, the CPSC approved a new federal standard for infant sleep products. Beginning next year, products intended or marketed for infant sleep must meet this new mandatory standard. Under the new standard, if an infant sleep product does not meet a current CPSC sleep standard, it must be tested to ensure the sleep surface angle is 10 degrees or less. The Fisher-Price Rock n’ Play had a 30-degree incline. Moving forward, infant sleep products must also comply with the CPSC’s safety standard for bassinets and cradles.

As the CPSC implements the new safety standard, the agency is also offering parents tips for putting infants to sleep safely. This starts with setting up your child’s sleep and play areas for safety.

Free Legal Consultation – Boston Product Liability Lawyers

The Boston product liability lawyers at Breakstone, White & Gluck have more than 100 years combined experience representing those injured or killed by defective products. If you or a loved one have been injured by a company’s negligence, learn your legal rights. Contact our law firm at 800-379-1244 or 617-723-7676 or use our contact form. Continue reading

Children at the Arlington Police Bicycle Safety Day in August 2021

On your mark, get set, go! Breakstone, White & Gluck was pleased to donate bicycle helmets for children at the Arlington Police Department’s Bicycle Safety Day.

For many children, back to school means back to the school bus. But more and more, many students are walking or biking to school.

Back to school is a good time to introduce children to bicycle safety and this year, Breakstone, White & Gluck was pleased to partner with the Waltham and Arlington police departments to give helmets to children.

On Saturday, August 28th, the Waltham Police Department gave away free Project KidSafe helmets to children at the “Meet the New Chief Day.” The Arlington Police Department also gave away free helmets at Bicycle Safety Day on August 24th  at Gibbs Junior High School, where many students walk or bike each day to class.

Our Tips to Help Children Wear Bicycle Helmets Back to School This Fall in Massachusetts

A new school year means a new routine. Whether you or your child ride daily or on occasion, we urge you to commit to wearing a helmet.

According to the National Highway Traffic Safety Administration, wearing a properly fitted helmet is the “single most effective way” to reduce head injuries and fatalities resulting from bicycle crashes. The Insurance Institute for Highway Safety reports the majority of cyclists who ultimately die after a bike crash first sustained a head injury as their most significant injury.

Children Must Wear Bicycle Helmets Under Massachusetts Law. Under Massachusetts law, cyclists who are 16 and younger are required to wear helmets when riding a bicycle. Helmets should be properly fitted and meet the safety standards set by the Consumer Product Safety Commission.

Beyond safety, there are other consequences. A police officer can actually impound your child’s bike for up to 15 days if they are caught riding without a helmet in Massachusetts, though many officers work hard to avoid this step and would rather encourage helmet use.

Waltham Police officer gives away free children's bicycle helmets donated by Boston law firm of Breakstone, White & Gluck

Waltham police officers give away free bicycle helmets at the “Meet the New Chief” event in August.

Why Parents and Adult Cyclists Should Wear Helmets. Cyclists of all ages should wear helmets to protect themselves.

As a parent, if you wear a helmet and make sure your child wears one when you ride together, your child will take notice. They are more likely to wear a helmet even when you are not there and they will have some practice at fastening their own helmet.

Label Your Child’s Helmet. Write your child’s name inside the helmet, on the strap or on the outside of the helmet.

Wear Your Helmet; Do Not Carry It In Your Backpack. Many children (and adults) ride, then put their helmets in their backpack while they are at work or school. Encourage your child to keep their helmet outside their backpack so they put it right on.

Buy a Durable Bike Lock. Purchase a durable bike lock in case your child cannot find their helmet and has to walk or get a ride home from school or a friend’s house. Keep this on their bike at all times. Insist that your child should contact you and never ride without a helmet.

Buy Your Child a Spare Bike Helmet. Purchase your child an extra bicycle helmet now before they misplace theirs. Unless you live near a bike shop, it can be difficult to step away from your routine to go purchase a bike helmet right away, especially during the busy Fall season.

At the same time, purchase a spare helmet for yourself, too. Keep your spare at home or at the office. This will come in handy if you damage your helmet, lose it or decide you want to take the Blue Bikes bikeshare home.

Free Legal Consultation – Boston Personal Injury Attorneys

With more than 100 years combined experience, Breakstone, White & Gluck has been consistently recognized as a top-rated Boston personal injury law firm. Our attorneys specialize in representing those injured by negligent driving, bicycle accidents, premises liability accidents, defective and unsafe products, construction accidents, medical malpractice and wrongful death.

If you have been injured, learn your rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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Young girl playing in a swimming pool with a beach ball.Over the past year, many of us have missed out on seeing friends and loved ones. If you are planning a summer gathering to make up for lost time, we urge you to consider water safety, especially if you own a backyard swimming pool.

With Massachusetts schools about to start summer break, there is a high level of distraction in many homes. Households may have family members working remotely and summer may add to the unpredictable schedules we established during the COVID-19 emergency. But you must be vigilant if you own a pool because the risk for injury is very real. One can drown quickly, in a matter of seconds, and those injured are often young children.

According to the Consumer Product Safety Commission (CPSC), an average of 397 children were killed in swimming pool or spa submersions each year from 2016 to 2018. These children were all under 15 years old. During the same period, there was also an annual average of 6,200 children under 15 treated at hospitals for non-fatal injuries associated with pool or spa submersions.

Already in Massachusetts this year, we have seen several lives lost or nearly lost to drownings in swimming pools, ponds and lakes. In this blog, we focus on how homeowners can reduce the risk for injury and drowning in backyard swimming pools, and their legal responsibilities.

Massachusetts Property Owners Have a Duty to Use Reasonable Care

In Massachusetts, homeowners have a responsibility to use reasonable care to keep their property in reasonably safe condition. When it comes to swimming pools, a property owner’s duty starts with following Massachusetts building regulations to secure pools. They must also maintain safe areas around pools.

It is paramount that Massachusetts homeowners also exercise caution with alcohol. Homeowners can reduce the risk for many drownings and injuries by simply limiting their own alcohol consumption and that of all their guests of legal drinking age. Minors should never be allowed to consume alcohol or a homeowner can face criminal charges and a civil lawsuit if someone is injured.

Secure Your Swimming Pool With Strong Fencing

Pool fencing and pool ladder.

In Massachusetts, the state building code requires property owners to secure swimming pools behind 4-foot high fencing. There are different specifications for above-ground and underground pools, along with pools that use one side of the home as part of the fence.

Pools must be secured with locking devices that face outward away from the pool. The locks must be self-closing and self-latching.

Keep Pool Areas Free From Hazards

Be aware of other potential hazards beyond your actual pool. Your pool area may have outdoor furniture, rafts and floats, a diving board or a slide. One way to prevent a pool-related injury is to limit pool accessories. Secure the products you buy out of sight when you are not using your pool.

We caution you about purchasing diving boards and slides. Accidents involving these products can be serious, resulting in a head injury or a spinal cord injury, which can lead to long-term disability or death. Many homeowners have decided these are just not worth the potential safety risk.

Recognize that these products can be poorly designed or incorrectly installed. A product may not be the right fit for your pool design or reliably support your guests, even if it meets CPSC safety standards. However, if you choose to make a purchase, you should always hire an experienced pool professional to assist you with installation and your homeowner’s insurance agent to make sure your policy provides coverage.

Protect Young Children

Young child at risk for falling and drowning in a backyard swimming pool.In Massachusetts, property owners are responsible for securing pools from young children. Property owners can be held liable for drowning or other injuries suffered by young children, whether they are invited guests or are trespassing. The law recognizes that young children may not understand when they approach a potential hazard. As a property owner, think about how your pool looks from the street, from your yard and from inside your home. Bright-colored rafts and large crowds can quickly capture a child’s attention. Then think about how you have secured your pool.

Keep Gatherings Small

When you invite guests over, keep gatherings small so you can observe the pool area and enjoy the company.

Closely Monitor Guests Near Your Swimming Pool

Never invite anyone over to your home to use your swimming pool when you are not there or are engaged in another activity, such as work. Ask if adult guests know how to swim and if children have attended swimming lessons.

If you have young children, commit to watch them and any friends they invite over closely, even if they are not using your pool. Limit the size of gatherings so you can give the children your full attention.

Make the same commitment to safety if you are the parent of a teenager, even if you normally give them more freedom. Set summer rules and make sure your teen understands: they can only have friends over when you are home and gatherings should be kept small. They should always ask before using the swimming pool and you will not permit alcohol.

Whenever you have any guests over, check that your pool is fully secured before they arrive. Not just from outside, but also from guests and children in your home and backyard. Once your guests arrive, it can help to utilize a pool camera, sounding alarm or other technology, even if no one is using the pool. You can also take the low-tech approach of sitting outside where you can see both the pool and the gate. This step shows your guests and children you are truly committed to safety and want them to have fun, but also act responsibly so everyone gets home safely.

Restrict Alcohol Consumption by Your Guests; Never Allow Teens to Drink At Your Home

Massachusetts homeowners have a responsibility not to allow underage drinking in their swimming pool or elsewhere on their property.Carefully consider whether you want to allow your guests to consume alcohol in your home, especially when they come over to swim or are driving. This decision comes with a lot of responsibility. The easiest approach is to not allow alcohol consumption. If you do allow your guests to drink, practice moderation and good judgment. Never let them drive home under the influence.

As for swimming, remember that alcohol and pools are a dangerous combination. According to the Centers for Disease Control and Prevention, alcohol use is involved in up to 70 percent of deaths associated with all water recreation. Drinking beer or liquor in the warm weather can contribute to dehydration, which can raise the risk for drowning and submersion injuries.

Massachusetts recognizes social host liability. There can be serious consequences for bad decisions. Homeowners can face criminal charges, including jail time, if they allow minors under 21 to consume alcohol at their home or any property they control, under M.G.L. c. 138 § 34 . Parents can also be criminally charged and convicted if police can prove they left their home and were aware minors were consuming alcohol there in their absence. Minors can also be criminally charged.

In addition to criminal charges, a homeowner can also face a civil lawsuit from those injured as a result of a minor’s alcohol consumption at their home.

Limit Cell Phone Use and Distractions

One can easily become distracted by an email, text or social media and this can be dangerous if you have a pool. If you are checking your cell phone, you could miss the moment someone needs your help. Every second counts when it comes to saving someone from drowning. The best approach is to limit cell phone use and enjoy your guests. Keep both your home and cell phone nearby, but for emergencies only.

Free Legal Consultation – Boston Personal Injury Attorneys

At Breakstone, White & Gluck, our attorneys provide aggressive representation and are committed to achieving the best result for clients. Founded in 1992, our personal injury law firm specializes in representing those injured by the negligence or wrongdoing of others and our attorneys have been consistently recognized by Super Lawyers and Best Lawyers in America. We have won numerous record-setting verdicts and settlements in negligence, product liability and medical malpractice cases in Massachusetts. We offer safety tips as part of our Project KidSafe campaign, through which we work to prevent injuries to children and families.

If you or a family member has been injured, learn your legal rights. We represent clients across Massachusetts, including in Boston, Cambridge, Somerville, Quincy, the North and South Shores, Cape Cod, Worcester and Central Massachusetts. For a free legal consultation, contact one of our Boston personal injury lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

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Mother helps daughter after a minor fall off a bicycle.

March is Brain Injury Awareness Month, a good time to ask if you or  your children need a new bicycle helmet.

Each March, the Centers for Disease Control and Prevention (CDC) observes Brain Injury Awareness Month to highlight new research on injury prevention. 

This is a good time for parents to reflect upon what you can do to protect yourselves and your children from a concussion. To start, you can purchase a bicycle helmet for your child and buckle them up in an age-appropriate car seat. Before you sign up for youth sports, really learn about the activity and consult your child’s pediatrician. The CDC recently shared this study, which suggests non-contact or flag football programs may be safer for children under 14 because there are fewer head impacts.

You can also commit to learn how to recognize the symptoms of a concussion so you can properly respond and seek medical attention for your child. This is an ongoing learning process which gets stronger, through conversation with your pediatrician, your child’s school and with your own family members. 

Wear a Helmet. In Massachusetts, your child is required to wear a protective helmet while riding a bicycle or scooter. Read our blog, “How to Fit a Bicycle Helmet.”  We also share some resources on Massachusetts helmet laws at the bottom of this webpage.

Massachusetts Concussion Protocol for Students. Before each season, your child’s middle or high school has a responsibility to share information about the Massachusetts youth sports concussion law with you. 

Massachusetts law requires schools to develop concussion safety programs and provide training for students, parents, coaches and others on how to identify concussion symptoms. Schools must also explain the protocol for removing a student who has been injured from play. 

Students suspected of having a concussion must see a doctor and must receive a doctor’s note before returning to practice or a game. It is essential to understand just how your school or coach will communicate with you. 

No one ever wants to think about their child possibly suffering an injury. But the state protocol is largely about taking steps to prevent an injury and how to identify potential injuries. This is essential reading that will help you protect your child. Take time to read if even if you have already seen these materials in the past. Also take time to share and discuss this information with your spouse, baby sister or family members who care for your child. 

Learn more about the Massachusetts concussion guidelines for student athletes and the CDC’s Heads Up Concussion page.  

Commit to Watch for Symptoms. There are some situations when it is clear a parent should seek medical attention for their child. For instance, if your child’s school alerts you or if your child was injured in a car accident, those are your warnings. 

However, the symptoms of a concussion may be less clear when children are injured while playing at home or other situations. To help you learn the signs, we have compiled a list of physical, emotional and sleep-related symptoms which may indicate you should contact your child’s pediatrician on our concussion webpage. These are compiled from the CDC web page on concussion symptoms. 

Please consider the symptoms collectively, along with your child’s recent activities on the sports field or playing at home or with friends. If you have reason for concern, make the decision to contact your child’s pediatrician or visit the emergency room.

Free Legal Consultation – Boston Personal Injury Lawyers

At Breakstone, White & Gluck, our personal injury lawyers have extensive experience representing those who have suffered concussions, second-impact concussions and brain injuries. Over the past three decades, our attorneys have counseled and guided many clients to the financial results they need to recover from these complex injuries. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676.

In addition to our work, Breakstone, White & Gluck works to help children and families protect against head injuries through our Project KidSafe campaign. We have proudly given away more than 30,000 bicycle helmets to children across Massachusetts. To learn more, visit www.bwglaw.com/bikes.

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Child near a dog, a delicate situation because dogs cause many severe and fatal injuries to children in Massachusetts.Research published in the Journal of Pediatrics reports a 3x increase in children seeking care for dog bite injuries at a Colorado hospital during the pandemic. The researchers noted that this trend likely spread beyond this one hospital.

In January 2019, the hospital reported 3 dog bite injuries per 1,000 ER visits. Over April and May of 2019, the rate increased. In July 2019, the rate reached a peak of 7 dog bite injuries per 1,000 ER visits.

Fast forward to January 2020, which also saw 3 dog bite injuries per 1,000 ER visits – same as the previous January. By May 2020, there were about 13 dog bite injuries per 1,000 ER visits. Dog bite injuries continued to rise after Colorado lifted its stay-at-home order that April.

A New York Times article attributed the rise in part to so-called pandemic puppies. Owners may not have planned to bring these pets home during 2020. In some cases, these were complete impulse decisions. Who expected to be home this long? Because of that, owners may not have been prepared to train and care for puppies. There was also decreased access to dog trainers.

Children had increased exposure to puppies during those shelter in place days. Children usually have more contact with dogs when finish school for the summer. Here, children began spending more time with dogs in March of 2020. As children stayed home, parents struggled to balance home-schooling and their own jobs and may not have been supervising children near dogs as closely.

Dog bites are traumatic and can be life-threatening for young children. At Breakstone, White & Gluck, our personal injury lawyers know no one completely realizes how vicious a dog can be when it attacks. Training a dog is one step to help prevent a dog attack. Just as important is keeping a dog on a leash at all times. You never know what may trigger your dog to bite or attack. Even well behaved and calm dogs have unexpectedly attacked young children. One incident can be all it takes to change a child’s life forever.

A 2020 study shows just how important it is for parents or relatives to factor in a child’s age when bringing home a dog. Children under 11 were three times more likely than older children to be admitted to the hospital, according to the study, which was authored by a physician at UMass Memorial Medical School in Worcester. Younger children were also more likely to be admitted to the hospital.

Children age 1 through 10 were more likely to suffer open wounds to the head, neck and lower body. The study reviewed more than 6,300 hospital admissions from the Kids’ Inpatient Database during 2006, 2009 and 2012. One third of the patients had injuries so severe they required surgery.

Tips to Keep a Safe Dog After COVID-19

If you have a dog, we suggest the following tips to protect your children, family and neighbors from a dog bite injury:

  • Always keep your dog leashed and under control when you are outside your home.
  • Continue to limit guests to your home as COVID-19 restrictions get lifted.
  • Secure your dog when guests come over.
  • Do not leave your dog alone with your children or other children.
  • Be aware that younger children have a higher likelihood of injury to their neck or head.
  • Also be aware that many children suffer dog bites from their family pet or from pets they know well.
  • Train your dog and socialize them.
  • Consult your veterinarian or a dog trainer.
  • Walk your dog outside on a leash a few times a day so it can get some exercise.
  • Give your dog some personal attention each day.
  • Recognize that dogs may be more likely to bite when they are gathering or protecting belongings. This is called “resource guarding.”
  • Build a fence.

If you brought home a pandemic puppy, you have some planning to do since your dog has limited exposure to other people. Keep your dog on a leash when outside or when you have guests over. With all dogs, it is critical to ease your dog back into the social experience of being around guests at your home, including close friends and extended family members.

Building a fence in your backyard may also be a good spring project. A fence keeps your dog out of sight from your neighbors and their children. When children see a dog, they are more likely to want to approach and pet it. But as a dog owner, you must remember it’s devastating for a child to suffer a dog bite injury. The law on liability is also strict in Massachusetts. You can be held liable if your dog bites a young child, even if the child went onto your property without permission. The law recognizes that young children may not realize they are stepping toward danger. Your dog doesn’t have to have a history of dog bites or attacks for you to be held liable.

Free Legal Consultation – Boston Dog Bite Attorneys

If you have been injured by a dog or want to learn more about Massachusetts law concerning a dog owner’s responsibilities, visit our website. Each of our partners has more than 30 years of experience representing children and others injured by dog bites and dog attacks. We are here to advise you on your rights for seeking compensation for your child or yourself.

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

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Parent sledding with children in Massachusetts February has delivered perfect sledding weather for Massachusetts families. But before you head out with your children, remember the risk for injuries can rise during outdoor winter activities. Sledding, skating and skiing push our bodies beyond our daily routines as we face the elements of cold weather, snow and ice.

More than 20,000 children are treated for sledding injuries on average each year, according to the National Safety Council. Children can be injured when a sled hits a stationary object, in collisions with other sledders or by flipping or falling off their sled. Sledding accidents such as these can result in broken bones, lacerations, bruises, concussions, head injuries or more serious injuries.

You can protect your children by sledding with them and teaching them safety fundamentals by example. Please read our tips and enjoy a fun and safe sledding experience:

Choose a Safe Sledding Spot

After asking friends for suggestions and searching online, visit a few local sledding hills on your own, without your children. Walk to the top of the sledding area. Check your cell phone service from that point. Sledding hills may look similar, but they are not all equal. Choose a sledding area that is free from trees or rocks that could cause your child injury. Avoid hills that are too close to streets and parking lots.

Look for sledding hills that are snow-covered, not ice-covered.

A walkthrough is particularly useful for parents of young children, who are most vulnerable to the cold. Time your walk and compare this to your child’s regular play time in the snow and their physical capabilities. Think about whether your child can the hill – both the steepness for sledding and walking up the hill.

Sled During The Day. There is less visibility and colder temperatures at night. Your best approach is to sled during the day, when the sun is out.

Sled With Your Children and Supervise

Sled as a Family. Plan at least one sledding day for your family each year. Besides being a lot of fun, this will create special memories. Sledding is also great way to get some fresh air and exercise for children, which we all need during the winter months.

Sled with Your Child and Their Friends. If your child or teenager wants to sled with friends, go along and watch. Enjoy this time but consider it a parenting assignment. You should really watch them just as you would if they were swimming, with your full attention. Keep your cell phone and a first aid kit within reach.

Sledding Manners. Teach your children to use good manners on the sledding hill. Even if there are no formal rules posted, your children should walk up the hill along the side of the sledding area. When sledding, they should not overcrowd sledders or attempt to run into them on the course. Once they reach the bottom of the hill, children should step off their sled.

Dress Warmly

When children are having fun, they may not realize how cold they are or be able to tell you.

Before you sled, make sure your child is wearing a warm winter coat, snow pants, hats, gloves or mittens. Purchase waterproof clothing. Your child should be warm and clothes should fit comfortably.

Take scarves off children before sledding. Also remove strings from clothing and accessories which can cause strangulation or get caught while your child sledding.

Safe Sleds and Helmets

Wear a Helmet. Encourage children to be aware of their surroundings and stay in control of their sleds as a good starting point to safety. Parents should also buy young children helmets to protect against head injuries. The Consumer Product Safety Commission advises parents can purchase helmets which meet the ASTM F14922 or Snell N-942 safety standard. If you have questions, we suggest you check the CPSC website which offers guidance on helmet designs for different activities. Another resource is your pediatrician. Ask for their specific suggestion for protecting your child.

Check Your Sleds. If you see sharp edges or cracks, replace your child’s sled.

Purchase a Safe Sled. There are many types of sleds: snow tubes, saucers or toboggans. Read age recommendations and product safety labels. Look for sleds which can be steered or have handles. Specifically look for ropes. While many sleds come with ropes, you can purchase sleds without any to protect young children against strangulation or getting caught on something.

Before you purchase a sled, make sure to check the Consumer Product Safety Commission website for safety recalls. Sleds can be designed with defects, such as faulty brakes on higher end models.

No Make-Shift Sleds. Do not allow your child to make their own sled out of furniture, cardboard or household objects. These products are not designed to carry your children on the snow.

Safe Sledding Techniques

Sledding Techniques. Pull your sled up next to theirs and show your children how to ride their sleds safely. Children should generally sit, hold the handles and ride face-forward down the hill. They should not ride stomach down or face first because they could flip or fall off. This can cause serious head or spinal cord injuries.

Riding Alone or Together? It’s a lot of fun to sled with your children or watch them ride together. The key is to find the right sled for the right number of sledders. And of course, the right hill!

Adults can pull young children. But for the most part, children should sled alone as they get older. It is important for them to steer their own sleds and hold on for themselves.

If you want to purchase a sled or tube that carries more than one child or adult, that’s a special experience. Read the manufacturer’s age recommendations, safety warnings and instructions. Look for a few online videos.

Free Legal Consultation – Boston Personal Injury Lawyers

Breakstone, White & Gluck is pleased to share our sledding tips as part of our Project KidSafe campaign. Through Project KidSafe, our goal is to help families protect against child injuries.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm, with more than 100 years combined experience. We represent clients in personal injury cases in Boston and across Massachusetts. If you have been injured by someone else’s negligence, contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.

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SUVs have been linked to pedestrian crashes in a recent IIHS study.

A new IIHS study found SUVs crashes caused more severe injuries to pedestrians than cars.

During the pandemic, pedestrians have outnumbered vehicles on the roads at times. If you look closely, you may see mostly large vehicles left behind, including commercial trucks, package delivery vans and SUVs.

Today, our Boston personal injury lawyers are writing about SUVs and pedestrians. Amid the pandemic, an important study was published by the Insurance Institute for Highway Safety (IIHS), finding SUVs (or sports utility vehicles) cause more serious pedestrian injuries than cars. Researchers concluded automakers need to make design changes to protect pedestrians from increased fatalities.

Highlights from the 2020 study and report:

Drop in overall crashes. Overall, motor vehicle accident fatalities have dropped from more than 50,000 in 1980 to 36,560 in 2018.

Rise in pedestrian crashes. Meanwhile, one in five traffic crashes is now a pedestrian fatality. Pedestrians are more at risk now. The number of pedestrians hit by all vehicles rose a dramatic 53 percent from 2009 to 2018.

Study data. The study reviewed a sample of 79 crashes in Michigan, finding that SUVs caused more serious injuries to pedestrians than cars.

Speed. Below 20 mph, there was not a significant difference in the injuries caused by SUVs and cars.

More danger at higher speeds. When SUVs traveled 20 to 39 mph, 3 out of 10 SUV crashes ended in a pedestrian death. In comparison, 5 out of 22 cars caused a pedestrian fatality.

Over 40 mph was most deadly. At 40 mph, all three SUV crashes resulted in pedestrian fatalities. This is 100 percent compared to 54 percent of cars (7 out of 13).

Previous Research

The IIHS has led several studies on SUVs and the dangers to pedestrians. One past study found that as pedestrian accidents overall have increased, many involve cars, but there was an 81 percent increase in SUVs causing fatal pedestrian accidents between 2009 and 2016.

There are more SUVs on the roads than ever, making it important to address the safety hazards to pedestrians. SUVs first outsold sedans in 2015, according to The New York Times. They continue to be the vehicle of choice for many Americans. In fact, SUVs accounted for up to 47.4 percent of all U.S. auto sales, according to an analyst quoted by the newspaper.

SUV Designs Are Now Being Made Safer for Drivers

What is notable about SUVs is manufacturers have already spent years adopting more “carlike designs” to protect SUV vehicle occupants. Manufacturers have lowered SUV bumpers and other features to align better with cars. The danger to pedestrians has not been addressed the same way.

According to the IIHS, SUVs can endanger pedestrians because of the overall shape of their front end. On many SUVs, the front end is solid and can have a double impact, striking the pedestrian at the pelvis or chest, just after the bumper hits the person’s lower body.

The IIHS now plans to look into the types of SUVs which caused injury in the Michigan study. Meanwhile, in Europe, manufacturers have already started to make use of safety features, such as pedestrian airbags.

A Note for SUV Drivers

Many of us own SUVs. If you purchase one in the future, be aware of the ongoing safety research and read about the specific features on the model you wish to purchase. You may have bought one 10 years ago and find this year’s model is not right for your family and where you live and work. 

We suggest you check in with the IIHS website. Other organizations such as Consumer Reports may also offer safety insights.

Consider Your Driving Routine. You want to back your SUV into your driveway as much as possible. This way you have a full view of traffic, cyclists and pedestrians when you leave. To do this safely, you will need a good backup camera. You may also need to make other enhancements to your property as well. 

Your ability to back up safely is critical. Many SUV crashes happen as drivers back up and hit a pedestrian or a child playing.

Review Features. Read consumer ratings and reviews on the SUV you want to buy. Vehicles made after 2018 are required to come with backup cameras. Do not assume all backup cameras are equal. Read up on consumer ratings and reviews and test drive your SUV before finalizing the purchase.

Buying Used SUVs. Make sure to properly equip older SUVs with backup cameras and other safety gear.

Free Legal Consultation – Boston Pedestrian Accident Attorneys

At Breakstone, White & Gluck, our pedestrian accident lawyers offer a free legal consultation to determine whether you have a potential claim for your injury. Recognized by Top 100 New England Super Lawyers, we provide our clients with the highest quality representation and specialize in the areas of car accidents and pedestrian accidents, including SUV crashes resulting in serious injury

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

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Driver and an older pedestrian at a Massachusetts crosswalkIt is a fact: pedestrians age 65 and older face an increased risk for being injured by a car accident or truck crash. According to the Centers for Disease Control and Prevention (CDC), pedestrians of this age accounted for 1 in 5 pedestrian deaths in the U.S. They also suffered 1 in 10 percent of all injuries.

November, December and January are among the darkest months of the year in Massachusetts. At Breakstone, White & Gluck, our lawyers caution all pedestrians take steps to protect themselves. Start before you leave home. One of the most effective steps you can take is to wear a neon colored vest, jacket or other accessories so drivers can see you.

Safety Tips for Older Pedestrians

Arrange for a Ride. During the winter months, ask a friend or family member to give you a ride to the store and help you with other errands. If you do not have someone, call your local town or city hall to speak to their Council on Aging, which may be able to help arrange you a ride. You can go back to walking in the Spring when there is better visibility.

Use Crosswalks. In Massachusetts, pedestrians have the right of way when walking across the street in a crosswalk which has a “Walk” signal or green light.

Do Not Cross the Street Alone. Look for areas where there is a crossing guard if you can. Also look for areas where there are other pedestrians crossing. Do an honest evaluation; if you are walking much slower than other pedestrians, you should only cross when there is a crossing guard or accept a ride.

Avoid Complicated Intersections. Rather than walking through complex intersections, either accept a ride or change your route for the winter months. Also stay clear of wide intersections or roads with traffic passing in both directions.

Be Mindful of Traffic Conditions. If you walk, do so during daylight hours and when traffic is lightest. This is not just advice for crossing the street. Keep this in mind when you are walking through parking lots, where there is a high risk for pedestrian accidents at night.

Find Another Way to Walk For Exercise. Many of us – young and older – like to incorporate some walking for exercise into our daily routines of work and errands. If you miss walking, find a way to walk off the street. Due to COVID-19 restrictions, it is not safe to work out at a health club or gym. You may have to explore other options for exercise this year, such as hiking or even just walking on a lawn. Again, we encourage you to ask friends, family members and others in your community for suggestions.

Safety Reminders for Drivers

Use Reasonable Care and Travel Slowly. Massachusetts drivers have a responsibility to use reasonable care when driving. During the winter months, this means watching for pedestrians at all times, including when you get in your car and when you park. This is the time to utilize your vehicle’s back-up camera. Also watch when you exit your vehicle so you avoid dooring a pedestrian or a cyclist.

Travel Slowly. You cannot control all traffic conditions. But you can control your speed. By traveling slowly, even under the speed limit in residential neighborhoods, you have a greater ability to stop for pedestrians and avoid a pedestrian crash. This is important because older pedestrians are likely to take more time to cross the street. Many pedestrian car crashes occur because a driver misjudged the pedestrian’s speed.

Approach Familiar Places With Caution, Too. Take care even when driving near familiar places, such as a friend’s home, the pizza place down the street or a nearby grocery store. At night, there is a different traffic pace. During the pandemic, the pedestrian and vehicle traffic is changing weekly. There is a greater chance of car accidents in these conditions.

Be Aware of Eye Strain. If prescribed, drivers should wear their glasses at night. The rest of us should also be aware of the risks of eye strain and drowsiness at night. When possible, keep night driving trips short to keep your eyes strong.

Do Not Use Cell Phones. Months after the Massachusetts Hands-Free Driving Law took effect, drivers should know there is no tolerance for picking up a cell phone. The act of dialing a number and cradling a phone takes a driver’s attention off the road for at least several seconds. Drivers have caused many pedestrian crashes through cell phone use. On the same note, pedestrians should set aside cell phones while walking at night near traffic and minimize distractions.

Free Legal Consultation – Breakstone, White & Gluck

Breakstone, White & Gluck has represented pedestrians injured by negligent driving in car accidents, bus crashes and truck collisions across Massachusetts, including in Boston, Cambridge, Quincy, Somerville, Chelsea and Everett.

If you have been injured by the negligence or wrongdoing of someone else, learn your legal rights. Breakstone, White & Gluck is an accomplished Boston law firm known consistently recognized for our results for clients, including by Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Best Lawyers in America.

In Boston, we are known for our experience and expertise in representing pedestrians who have been injured in MBTA bus accidents. We won a landmark personal injury case, resulting in a $7.1 million verdict for our client, after trial and appeals to the state’s highest court. Our client had the horrific experience of being struck by a MBTA bus in a South Boston crosswalk. The driver had admitted fault, and the MBTA police investigation confirmed the finding. But the MBTA refused to even make an offer of settlement and our attorneys pursued an award at trial.

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

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Breakstone, White & Gluck - Boston personal injury lawyers

From left to right, our partners: Ronald E. Gluck, Marc L. Breakstone and David W. White. Breakstone, White & Gluck recently received two tier 1 rankings in the U.S. News “Best Law Firms” rankings. Our three partners were recognized this year individually in the annual Best Lawyers rankings in August. Our associate, Reza Breakstone, was also recognized in the Best Lawyers: Ones to Watch list.

It is our pleasure to announce that Breakstone, White & Gluck of Boston has received two Tier 1 rankings from the U.S. News – Best Lawyers® 2021 edition of “Best Law Firms.” The firm received a Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston. The firm also received a Tier 1 ranking in medical malpractice law for plaintiffs in Boston.

U.S. News & World Report and Best Lawyers compiles the “Best Law Firms” rankings annually to recognize firms for professional excellence and consistently impressive ratings from clients and peers. A firm must have at least one attorney recognized on The Best Lawyers of America list to be eligible for a “Best Law Firms” ranking. All three of our partners – Marc L. Breakstone, David W. White and Ronald E. Gluck – have been individually recognized, including by the 26th edition of The Best Lawyers in America, which was announced in August 2020.

Firms are recognized based on a rigorous evaluation process, including a collection of client and lawyer evaluations, peer reviews from leading attorneys in a field and review of additional information law firms submit may submit for consideration. Awards are given in 75 national practice areas and 127 metropolitan practice areas.

Recognized firms received a tier 1, tier 2 or tier 3 rating. Breakstone, White & Gluck received Tier 1 rankings in personal injury and medical malpractice and these reflect the highest level of respect a firm can earn among other leading leaders and clients in local communities and practice areas.

Attorney Marc L. Breakstone was recognized by Best Lawyers in August in medical malpractice law – plaintiffs, personal injury litigation – plaintiffs and professional malpractice law – plaintiffs.

Attorney David W. White was recognized by Best Lawyers in personal injury – personal injury litigation – plaintiffs, insurance law and medical malpractice law – plaintiffs.

Attorney Ronald E. Gluck was recognized by Best Lawyers in personal injury litigation – plaintiffs.

Attorney Reza Breakstone was recognized by Best Lawyers in America: Ones to Watch (2021) in medical malpractice law – plaintiffs.

More Recognition for Breakstone, White & Gluck

Breakstone, White & Gluck of Boston offers our clients more than 100 years combined experience in the handling of personal injury and medical malpractice cases. We are proud of our consistently strong results and to have achieved a high level of satisfaction from our clients. We invite you to read some of our client reviews or our case results in the areas of personal injury, medical malpractice and car accidents.

Breakstone, White & Gluck been consistently recognized for our attorneys’ results for clients. Best Lawyers and Best Law Firms have mentioned our firm name in at least one practice area each year since 2011.

In addition, for the 17th year, our lawyers were recently selected to the annual Massachusetts Super Lawyers lists, as top rated Boston personal injury and medical malpractice lawyers. Breakstone, White & Gluck also earned a spot on the Top 100 Massachusetts Super Lawyers list and has received past rankings on Top 100 New England Super Lawyers. The Top 100 lists are notable because they draw from attorneys across all practice areas, not just our firm’s specialties.

Our attorneys also maintain an AV rating – the highest rating for legal abilities and professional standards from Martindale-Hubbell.

Free Legal Consultation – Boston Personal Injury Lawyers – Boston Medical Malpractice Lawyers

If you have been injured by someone else’s negligence or wrongdoing, learn your legal rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

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20191015-teendrivingMotor vehicle crashes are the leading cause of death for teens. Each year, National Teen Driver Safety Week highlights safety insights for families and teens. This year, the event runs from October 18-24th. We encourage you to follow the National Highway Traffic Safety Administration and Teen Driver Source for more information. Teen Driver Source is operated by the Center for Injury Research and Prevention at Children’s Hospital of Philadephia, which offers Facebook and Twitter feeds.

According to the National Highway Traffic Safety Administration, the greatest dangers teen drivers face are: alcohol consumption, inconsistent or no seat belt use, distracted driving, speeding and driving with passengers in the vehicle. This year, COVID-19 has introduced a new concern. Teens are driving far less and risk losing core skills. This is where National Teen Driver Safety Week comes in as an important resource this year.

Driving Safety Contract. If you follow Teen Driver Safety Week, you may learn about teen driver contracts. You can also print this parent-teen driving contract from the Centers for Disease Control and Prevention (CDC). Make your own edits and ask your teen to sign as a condition for using your vehicle. Give your teen a copy of the document to file away and review. This is a good way to lay out  expectations for your teens and what will happen if they violate the agreement.

Make Sure Teens Get Enough Driving Time. If teens are not driving as much during COVID-19, they risk falling behind on fundamental skills. To prevent this, encourage your teen to drive regularly. When you go out with your teen, split the driving responsibilities so you know they are logging at least some time behind the wheel and you can monitor their progress.

Hold back judgment and sharp comments if you see some of their skills have regressed. This may happen. Just help them get practice in where they need it. Take advantage of empty parking lots and slower times of the week. You can get them back on track.

Drive Around Town With Your Teen. When you can, walk and drive around your community with your teen, including during the morning and afternoon commutes. This gives your teen a preview of what may come when they pull out of the driveway alone. You may see more pedestrians and cyclists in areas. You may see parking changes and restaurants offering sidewalk service. Share observation with your teens and try to make helpful suggestions to help them drive safely and avoid car accidents.

Stress the Importance of Slowing Down. Speed is a factor in nearly 30 percent of all fatal crashes involving teen drivers, according to AAA. Teens often have a heavy foot on the gas pedal and this only changes as they gain experience. For now, if teens can simply slow down, they can significantly reduce their risk of a collision.

Start by helping your teen recognize speed limits because they are not always posted right in front of them. While they should have learned this in driver’s ed, new drivers can use a reminder from time to time. Massachusetts sets a default speed limit of 30 mph in thickly settled and business areas, unless posted otherwise or an individual community has opted to lower the speed to 25 mph. School zones and work zones are 20 mph.

Encourage your teen to travel at or below the speed limit, especially in residential neighborhoods. By doing so, they reduce their risk of causing a car accident due to inexperience in the first few months or year of driving. They reduce their chance of causing themselves or someone else serious injuries and all the emotions and stress.

Reduce Distractions. Slowing down is the most effective tool for safe driving. It’s also important to reduce distractions. This means setting aside cell phones and limiting conversation with passengers in the vehicle. Sure, your teen is going to engage in discussion with others in the car. But try to make conversation lighter and focus more on observation, such as, “I see cars backing up at the traffic light ahead” or “there is an ambulance coming.” Save heavy discussion for before or after the drive.

Safety Steps Near Pedestrians and Cyclists. Teens may struggle to drive near pedestrians and cyclists. Every few weeks, drive through school zones and busy areas with your teen again, just as a refresher. Show them how you stop at crosswalks for pedestrians and leave room in anticipation of pedestrians. Instead of chatting at traffic lights, use this time to show your teen how to check for cyclists. More and more people have been cycling over the past decade in Massachusetts. This likely increased during COVID-19 and will likely continue. The reality is cars are not the only vehicle on the roads. Cyclists have the right to travel in the road too. You can really help your teen by teaching them to look for cyclists.

Buckling Up. Teens and young adults have the lowest rates of seat belt use, according to the CDC. Almost half of all drivers age 15-20 who died in car crashes were not wearing seatbelts in 2017, according to the CDC. During COVID-19, your teen may go long periods of time without driving or traveling in the car. Remind your teen – and all your family members – to always buckle up.

Boston and Cambridge Car Accident Lawyers – Breakstone, White & Gluck

At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience representing those injured by negligent driving. If you have been injured in a car accident and someone else was responsible, learn your legal rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

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