Articles Tagged with “Boston personal injury lawyers”

Homeowner testing smoke alarm

Protect your family and home. Test your smoke alarms when you set the clocks back for Daylight Saving Time on Nov. 7.

Stay vigilant about smoke alarms and protect your family this winter. This coming Sunday – November 7th – Daylight Saving Time ends. As you set your clocks back, we encourage you to also test your smoke alarms and carbon monoxide detectors.

It is critical that your smoke alarms work as we approach winter, when we spend more time indoors, cook for the holidays and there is a greater risk for home fires and fire injuries.

Half of All Massachusetts Fire Deaths Occur in Homes Without Working Smoke Alarms

In 2020, half of all Massachusetts fire deaths occurred in homes without working smoke alarms, the state fire marshal’s office announced earlier this year. This was based on preliminary data.

End-of-year data showed there were 29,641 fires across Massachusetts in 2020, a 16 percent increase over 2019. The number of civilian deaths rose from 39 in preliminary data to 44, up from 42 in 2019. There were 245 civilian injuries and 594 fire service injuries in 2020. Smoking was the leading cause of residential fire deaths in Massachusetts, followed by electrical and cooking fires.

The traditional reminder has been to replace your home’s smoke alarm batteries twice a year – at the start and end of Daylight Saving Time. You should still do so if your smoke alarms operate on regular batteries.

But in 2016, the state of Massachusetts updated the fire safety requirements, steering more homeowners toward newer smoke alarms designed to last 10 years without a battery change. So not everyone needs to change their smoke alarm batteries.

Testing is still essential. If a fire breaks out, you may have seconds to escape and your smoke alarm has to work for you, your family, loved ones and roommates. Commit to test your smoke alarms and carbon monoxide detectors monthly and twice a year when you change the clocks for Daylight Saving Time. This is a simple step – just press the test button.

Read Your Product Manual and Learn the Sounds of Your Smoke Alarm

Read your smoke alarm product manual. Make sure you recognize how the alarm sounds – when it chirps to alert you of failing batteries and in an actual emergency.  If you do not know, search for the product information online or call the manufacturer. The Massachusetts State Fire Marshal’s office also shared safety tips as part of Fire Prevention Week earlier this month. The theme was “Learn the Sounds of Fire Safety,” the sound of your smoke alarms.

Involve other family members in this, especially older adults. Those 65 and older are highly vulnerable when fires break out, accounting for more than 40 percent of all fire deaths in Massachusetts during 2020, according to the state fire marshal’s office. Older adults may seem healthy, but they may suffer from a medical condition they haven’t shared or side effects to medication. Another potential barrier is untreated hearing loss.

One in three people between age 65 and 74 suffer from hearing loss, according to the National Institute on Aging. When they get older, nearly half of all adults age 75 and older have difficulty hearing. Step in and help older adults. Offer to take them to their primary care doctor and learn about smoke alarms for those who are deaf or have difficulty hearing.

Check for Smoke Alarm Recalls

Unfortunately, like other products, there are times when smoke alarms are recalled due to defect.  In May 2020, the Consumer Product Safety Commission announced the recall of more than 220,000 Kidde TrueSense Smoke Alarms and Combination Smoke/Carbon Monoxide Alarms. These alarms were newer models, sold between May 2019 and September 2020.

When you test the batteries at Daylight Saving Time, you can check the Consumer Product Safety Commission (CPSC) website for smoke alarm recalls. Take time for this, even if you have registered your smoke alarm with the manufacturer. While you are there, check for product recalls involving unsafe winter heating products, including electric blankets, space heaters, children’s pajamas and other products. This is an easy but important step for safety. If you own any of these products, take the recall seriously. Remove the defective product from your home now so no one reaches for it on a cold night.

One Survey: Many Americans Are Not Testing Smoke Alarm Batteries

While this is a simple step, not everyone is testing smoke alarms. Earlier this year, a Consumer Reports survey found roughly one-third of all Americans could not recall when they last tested their home’s smoke alarm. About 25 percent could not recall replacing their smoke alarm batteries, while more than half could not remember when they had installed the devices. But this doesn’t have to be the case. You can easily test your smoke alarm and pull out the product materials right now.

About Breakstone, White & Gluck – Boston Personal Injury Lawyers

At Breakstone, White & Gluck, our Boston personal injury lawyers have over 100 years combined experience representing those injured in premises liability accidents, construction accidents, structure fires and fires caused by landlord neglect. Our attorneys have represented clients, including college students, tenants and their families after serious injuries and wrongful death in fires.

If you or a loved one have been injured or killed in a fire, learn your legal rights. Contact our attorneys at 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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Brockton Police Department Car Seat and Bike Helmet GiveawayBreakstone, White & Gluck was so pleased to support a family event hosted by the Brockton Police Department and other community partners this past weekend. This was a special event because Brockton Police gave away both free car seats and bicycle helmets to local children and families. The goal was to prevent injuries. Many families struggle to get started with car seats and bicycle helmets and end up using them improperly.

The Brockton Police Department partnered with Copeland Toyota and Buckle Up for Life to give families free car seats. Brockton Police has four officers who are certified child passenger safety technicians. They can speak English, Spanish, Cape Verdean Creole and Hatian Creole. Especially after the pandemic, this event was a good opportunity for parents and caregivers to receive a free car seat, have it installed by a police officer and ask questions.

Breakstone, White & Gluck donated the children’s bicycle helmets from our Project KidSafe campaign. Brockton Police helped the children fit their new helmets.

Photo: From left to right, Shahzad Shahab, general manager of Copeland Toyota, then Maria Rivas and her son wearing a Project KidSafe helmet. Center is Brockton Police Chief Emmaneul Gomes, then Lt. Brenda Perez and Brockton Mayor Robert Sullivan on the right.

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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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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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Bikes Not Bombs Newsletter - Donor of the Month Breakstone, White & Gluck

Click to read page 5.

Breakstone, White & Gluck was pleased to be mentioned as a long-time supporter of Bikes Not Bombs in the organization’s December newsletter. Each year, Breakstone, White & Gluck donates bicycle helmets to support Bikes Not Bombs as part of our Project KidSafe campaign. This is one of our all-time favorite donations because Bikes Not Bombs gives the helmets we donate to children and teens who graduate from its Earn-A-Bike programs. If you are familiar with these classes, you know students work very hard learning how to build their own bike and are taught valuable cycling skills from experienced riders. It is our pleasure to send the students home with a new helmet to help them ride their new bikes safely.

We are already looking forward to making another donation in 2021!

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Trouble in Toyland Report 2020Families often enjoy looking through toy catalogs together this time of year. After seeing what excites your child, you may be tempted to immediately order their holiday gifts. However, before you do, we encourage parents and grandparents to check the Trouble in Toyland report.

The 35th anniversary Trouble in Toyland report was recently released. This year, U.S. PIRG warned about the dangers of:

  • Mislabeled choking hazards
  • Flocked animal figures (toys with small attached pieces)
  • Recalled toys which may still be available online
  • Noisy toys
  • In-app purchases
  • Not advisable for children

Choking Hazards

Parents are advised to look for small part warnings on toys. “Small part” is not a subjective term. It is anything that fits within the Consumer Product Safety Commission’s toy test cylinder. The test cylinder measures 2.25 inches long and 1.25 inches wide and is roughly the size of a young child’s throat. A small part may be a game piece or a marble of the right size. It may also include a toy accessory, such as doll clothing.

The most common “small parts” warning: “WARNING: CHOKING HAZARD–Small Parts. Not for children under 3 years.” Toys designed for children ages 3 through 6 must also carry warning labels indicating they are not safe for children under 3.

Parents can become familiar with the risks by reading this year’s Trouble In Toyland. Make it a priority not to purchase a product with small parts and bring them into your home. Always read toy safety and age appropriate labels. Doing so puts you on a path to protect your family.

Flocked Toys

If you purchase a toy figurine or doll that comes with accessories, such as ribbons or clothing, remember your child can put those small parts in their mouths. Calico Critters – the popular animal family figures – are now under scrutiny.

One child was killed while playing with a set containing a small pacifier in New Mexico, according to a court filing. Another child in Utah also choked on the pacifier accessory, according to the a local news website, and shared in the Trouble in Toyland report. Both children were under 3 years old.

Fortunately, there are many versions of toys. If you find a toy you like and it has small fabric parts, keep looking until you find one without removable accessories.

Online Toy Shopping

Trouble in Toyland shared a valuable insight about searching for holiday toys on Amazon. If you search for “toys for 2-year-old boys,” for instance, you may see a number of listings which do not provide a small part warning. Do not trust that searching by year means toys are screened for safety. Remember, Amazon is a marketplace of merchants, not just one company. Closely look at product descriptions before making a purchase. In addition to reading reviews, you want to confirm the details. Look at the product picture, then read the description. Double check the product packaging once it arrives by mail and open it to confirm it has the parts you expected.

Beware of recalled toys as well. Since the 2019 Trouble in Toyland, the Consumer Product Safety Commissioned issued 10 toy recalls in the U.S., according to this report. When a product is recalled, it should be immediately removed from the store shelves and online listings. Some toys were still being sold online after recalls. Researchers even found one toy – a Fisher-Price Barbie Dream Camper which was recalled in February 2019 – still on sale. The camper was an outdoor riding toy for children. The CPSC received 17 reports of campers continuing to travel after the foot pedal was released.

Not Advisable For Children

Also featured was a section called, “items not advisable for children.” These items are not really toys, but are given to children as toys. At the top of the list is high-powered magnet desk sets. We wrote about the dangers of high-powered magnet sets last holiday season.  Magnet sets may seem like fun gifts for adults, but you should never purchase one because they are so dangerous and the small parts can stick around your home forever. Children can be tempted to play with these magnets and swallow them. At this point, the magnets can attempt to connect together in a child’s stomach. The magnets touched on some serious personal injuries.

In September 2020, a 9-year-old boy took two magnets from a Neutronball building set and placed them on his lip, pretending to have a piercing. He then swallowed them and had to seek medical treatment at a hospital. In May, another 9-year-old swallowed parts from a Zen Magnets LLC set. She hid this from her parents for a week, until she began suffering intense stomach pain. She required surgery, but survived.

Beware of Digital Apps

Parents may be asked to sign up for an app related to a “smart toy” their child received as a gift. Or a child may have received a tablet or cell phone and try to sign up for apps themselves.

While there is a case to be made for limiting your child’s screen time overall, beware of giving your child access to digital apps. These can be tempting and children may like the graphics and thought of winning a prize. The Trouble in Toyland report mentioned one app called Coin Master. This is rated for ages 13 and over, though the graphics may easily capture the attention of a younger child.

We are sharing this story because Coin Master offers in-app purchases. The most expensive option is $99.99. Children may only see higher options once they get into the game.

Free Legal Consultation – Boston Toy Safety Lawyers

Breakstone, White & Gluck has over 100 years combined experience representing individuals who have been injured by the negligence or wrongdoing of others. Our firm is highly experienced in the area of product liability and injuries caused by defective products. We are writing about holiday toy safety as part of our Project KidSafe campaign, where our goal is to protect children from injuries. For the past 8 years, our attorneys have also donated 30,000 bicycle helmets to children across Massachusetts to protect against head injuries.

If you have been injured, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck of Boston at 800-379-1244 or 617-723-7676 or 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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Mother securing her baby in the car seat in her carWhile there is so much going on right now, we want to put a spotlight on Child Passenger Safety Week. The safety week began Sunday, Sept. 20th and continues through Saturday, Sept. 26th.

Motor vehicle accidents are the leading cause of death among children in our country, according to the CDC. Parents, of course, want to protect their children and follow Massachusetts car seat and safety belt laws. But this can be a challenge as children outgrow car seats, especially during COVID-19, when most shopping has to be done online.

We hope parents and grandparents find the resources on this page helpful. Remember, you want to find a car seat that fits your child and your vehicle.  You also want to feel comfortable using it each day. A second-hand car seat may work for you. But for many people, we encourage to you start with a new car seat if you can.

In Massachusetts, children must ride in federally-approved passenger safety seats.  They must ride in a car seat from birth until they reach age 8 or stand more than 57 inches tall. Children must be properly fastened and secured according to the manufacturer’s instructions. But where should you start? This is where parents often grow frustrated, as there are different car seats based on a child’s age and size. We will get you started: Children should start with rear-facing car seats until they reach the top height or weight limit set by the car seat maker. They will then move to a forward-facing car seat, then finally a booster seat.

Here are some resources:

  1. Child Passenger Safety Week. Read safety resources from the National Highway Traffic Safety Administration.
  2. Find the Right Car Seat. Check out this NHTSA chart on finding the right car seat.
  3. Massachusetts Car Seat Resources. Most years, the state of Massachusetts and local communities offer free car seat inspections and fittings for parents. This is an invaluable opportunity for parents. Due to COVID-19, you can expect fewer – if any – in-person car seat inspection opportunities. We suggest you start by visiting the state web page. Here is another helpful resource: Massachusetts Car Seat FAQs
  4. Watch a How-To Video. While it may not be the same as an in-person inspection, the NHTSA offers helpful videos to help parents secure children at different stages.
  5. Keeping Asking for Help. If you are still unsure about your car seat, it is alright to keep asking for help. Try asking a family member or friend. You can also try your pediatrician’s office or visit your local police department’s website to see if they are offering car seat inspections at this time.
  6. Check Your Car Seat for Recalls. Check www.cpsc.gov to see if your car seat has been recalled. If you find a recall, call the manufacturer immediately and ask for the recall action. Often, a company will send a replacement part. But they may issue you a refund and ask you to return a defective car seat to a local store. Always follow a manufacturer’s instructions on disposing a recalled product.
  7. Register Your Car Seat. It’s easy to become distracted when you buy a car seat or a major item. Did you forgot to register yours? Take a minute to visit the manufacturer’s website now. Better late than never on this one. If there is a recall, this is the best way to get timely notification.
  8. Buckle Children Up Last. Pack everything up for the day in your car – work bags, backpacks, sports gear and lunch boxes – then buckle your child into their car seat last. This way you can always keep them in sight and talk to them as you get ready.

About Breakstone, White & Gluck – Boston Car Accident Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck represents those have been injured by negligence and wrongdoing in Massachusetts. We specialize in the handling of personal injury, medical malpractice and car accident cases, including the representation of cyclists and pedestrians who have been injured. To learn more about our work, read our Car Accident Case Results page.

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

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