Articles Posted in Personal Injury

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 painful, long-lasting and are always senseless. 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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There is “Trouble in Toyland.” For the 33rd year, U.S. PIRG has released its annual survey on toy safety. This is a widely respected survey, which over the years has dispensed valuable information to protect children and families. The survey has led to the recall of more than 150 unsafe toys.

Highlights from this year’s report:

  • Toys which have been recalled for safety issues over the past year
  • Toys which contain high levels of toxic materials, such as boron
  • Toys which do not meet labeling requirements
  • Toy regulations

Toy recalls

Over the past year, the Consumer Product Safety Commission (CPSC) announced more than 40 recalls of toys and children’s products, such as wagons and strollers. These recalls represent 2.7 million units. During its survey, the group did not find any recalled toys or products still being sold. This is good news for consumers, but you still need to check products for yourself by going online. You can visit the CPSC Recall list.

You can also check the U.S. PIRG’s “Trouble in Toyland” report, so you can be informed while you shop or to see if you have any recalled toys in your home (See Appendix 4, page 29). Many people do not hear about recalls so it’s worth checking.

If you find a recalled product, you can contact the manufacturer for a refund or a repair. In some cases with inexpensive toys, it may be best just to discard it from your home in a safe way. Move onto other toys.

U.S. PIRG has long advocated for improvements to the CPSC’s recall system. One concern is that companies are not required to report how many consumers actually return products for repairs or refunds.

Toxic Materials

The report focused on two toxic materials in toys: Lead and boron.

slime boy

Beware of Slime: U.S. PIRG Researchers found 6 popular Slime sets which contain dangerous levels of boron.

Lead. Lead was banned from household paint, children’s products and cookware 40 years ago. But federal law states children’s products made after August 2011 can contain no more than 100 parts per million. Because lead is highly dangerous when breathed in, be careful when buying toys such as paint sets and other products. Electronic devices can contain some lead parts, as can metal components of bicycles. The American Academy of Pediatrics (AAP) recommends all products for children contain no more than trace amounts of lead (40 ppm).

Boron. Your child may be begging you to buy one of those popular slime toy sets. U.S. PIRG says you can’t trust these products are safe. Researchers found six slime products on the market had dangerously high levels of boron. One brand, “Kangaroos Original Super Cool Slime,” contained concentrations as high as 4700 parts per million (ppm).

Boron is a chemical element used mostly in glass manufacturing, pesticides, antiseptics and detergents. Children can ingest small amounts, even less than 3.68 ppm and suffer symptoms of nausea, vomiting and potentially longer term impacts on reproductive health. The Environmental Protection Agency (EPA) reports certain levels can even be lethal. Say the “Kangaroos Original Super Cool” slime has up to 4700 parts per million (ppm). Then consider that six states have made recommendations on boron limits in drinking water, non exceeding 1 ppm. It’s a frightening discrepancy. U.S. PIRG has asked the CPSC to explore setting limits on boron levels, as Canada and other countries have.

We recommend parents spend their money elsewhere this year. There are so many toys out there, which your child would enjoy without risk to their safety. Likewise, if your child plays at another friend’s home or goes to daycare, make sure the adult in charge knows you don’t want your child playing with slime sets.

Slime Toys with Dangerous Levels of Boron
Kangaroos Original Super Cool Slime – Amazon – 4700 ppm
Kidsco Glow in The Dark Slime  – Amazon, Walmart – 4600 ppm
Toysmith Jupiter Juice Slime  – Amazon, Walmart – 1900 ppm
iBaseToy Fluffy Slime – Amazon – 1500 ppm
Haniex Soft Magic Crystal Slime – Amazon – 1400 ppm
Meland Fluffy Slime Amazon Boron – 1100 ppm
Data from U.S. PIRG “Trouble in Toyland” Report 2018.

Labeling

toy testing cylinder for small parts

Drawing of the small cylinder test for toys. Credit: CPSC website.

Toymakers are responsible for properly labeling their products, especially those with small parts which are not intended for children under age 3. This warning is essential. Children are often putting small parts in their mouths. From 2001 to 2016, more than 110 children died this way, according to U.S. PIRG.

What’s important for consumers to know is the CPSC has a Small Parts Ban. Toys must be tested to make sure they cannot pass through a test cylinder, which has a diameter of 1.25 inches. The cylinder has a slanted bottom, opening 1 to 2.25 inches. If a toy can pass through, it must be properly labeled: WARNING: Choking Hazard-Small Parts. Not for Children Under 3 Yrs.

Researchers identified a few toys which are being sold online without age appropriate labels this year – Hatchimals and L.O.L. Surprise toys. Parents should watch and carefully inspect every purchase you make. A good rule of thumb is to open every toy well in advance of giving it to a young children. Open it out of your children’s reach, such as in a basement.

Balloons are another product which are not being labeled properly. Balloons should come with warnings that they are a potential choking hazard to children under 8 years old. Yet, 87 percent of the latex balloons on Amazon.com carried no warnings, according the survey.

Toy Regulations

As consumers, we deal with packaging, price tags and shipping dates more than regulations. But the “Trouble in Toyland” report shares three important regulations on page 17:

  • Small Parts Ban (1979)
  • The Child Safety Prevention Act of 1994
  • The Consumer Product Safety Improvement Act of 2008

Read the 2018 “Trouble in Toyland” report.


About Breakstone, White & Gluck
Free Legal Consultation: 800-379-1244

The Boston law firm of Breakstone, White & Gluck specializes in handling personal injury and product liability cases. This holiday season, we are committed to sharing our experience through our Project KidSafe blog series focusing on toy safety.

Learn more about Breakstone, White & Gluck: www.bwglaw.com.

We hope you are never injured, but if you or a loved one are, Breakstone, White & Gluck offers a free legal consultation to help you learn your rights. Our lawyers specialize in all areas of personal injury law, including car accidents, product liability, traumatic brain injuries and medical malpractice. We represent clients in Boston, Worcester, the South Shore, the North Shore, Cape Cod, MetroWest and throughout Western Massachusetts. If we can ever help you, please call 800-379-1244 or 617-723-7676 or use our contact form.

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Dynacraft Ride-on Toy recalled in 2017

Dynacraft Ride-on Toys recalled 20,000 battery-operated ride-on toys after reports that the pedals were not working in 2017. Always check for product recalls before you buy any holiday toy. Photo credit: Consumer Product Safety Commission notices.

Battery-operated ride-on toys may look like fun holiday gifts. Parents and grandparents even have their choice of models, including the Jeep, Mercedes-Benz and Lamborghini to name a few.

Shoppers can get easily caught up in the “cuteness” factor. It’s not that simple, though. Ride-on toys can be heavy and motorized. Be cautious when buying, even with push or pedal ride-on toys, because you are trusting these toys to support your child.

The Consumer Product Safety Commission (CPSC) has been working to improve safety for ride-on toys, because children have suffered injuries and even deaths. In 2016, three children died in riding toys in toy-related injuries, all encounters with motor vehicles (Source: CPSC). Riding toys, motorized and non-motorized, were associated with the highest number of toy-related deaths that year – or 43 percent.

Before you buy, please step on the brakes and consider our safety tips.

Potential Harm: Motor Vehicles and Fires

Why are riding toy cars so dangerous? The greatest danger is children can be hit by adult-sized vehicles. But motorized toy cars can also overheat, as a North Andover family learned last August. A mother had the terrifying experience of having to pull her children out of a toy car, just after smoke started coming from the hood and before the flames. Other potential issues are children can attempt to stand and cars can tip, resulting in head injuries. Remote controls can provide parents a false sense of security. Parents may have more control just pushing their children in a non-motorized toy/

Safety Tips for Buying Ride-on Toy Cars

  • Steer clear of motorized, battery-operated toy cars. Consider buying a tricycle or another non-motorized toy instead.
  • If you buy a battery-operated toy car, look for the age recommendation. Many of these toys are recommended for children age 2+, which we feel is too young. But the age recommendation is a starting point for many families.
  • Check the label to see if the riding toy meets the CPSC’s toy safety standards. In 2016, the federal toy safety standard, ASTM F963, was specifically updated to address overload, stability and restraints on riding toys.
  • Check if the toy car has been recalled on the CPSC website.
  • It’s not just toy cars. Any riding toy with a motor can malfunction. Last March, the CPSC recalled these Radio Flyer electric wagons due to motor problems.
  • Read the product specifications and instructions online before purchasing. Consider whether you have the time for this type of toy.
  • Test the riding toy before your child rides.
  • Always supervise your children when they ride. Stay on the driveway and sidewalks near your home. Fenced in areas, such as backyards, are best if the product is designed for use on grassy surfaces.
  • Protect your child’s head with a bicycle helmet.
  • Follow instructions for properly seating your child. Ride one child at a time.
  • Find a safe place to park the riding toy. Commit to properly securing it after each use.
  • Keep the box. When your child outgrows the riding toy, remove it from your home.

Free Legal Consultation: 800-379-1244

For more than 25 years, Breakstone, White & Gluck has represented those who have been injured or killed by defective products which should have never been sold. This holiday season, our Boston personal injury lawyers are committed to helping consumers make informed buying decisions to prevent toy-related injuries.

Learn more about Breakstone, White & Gluck: www.bwglaw.com. If you have been injured, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.

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