Posts Tagged ‘“personal injury attorneys”’
Deck the Halls, But Decorate Safely
Though a time for joy, the holidays can also set the stage for potential injuries, as we rush, stress, decorate and wrap. Surprisingly, you may discover some of the most dangerous hazards right in your own home, among the holiday decorations and boxes you pull of storage to deck the halls.
While colorful and festive, holiday decorations contribute to many injuries each year. During 2019, nearly 15,000 people were injured in holiday decorating incidents and treated in emergency rooms, according to the Consumer Product Safety Commission (CPSC). Nearly half of these injuries involved falls. Many others are injured each year after the decorations are hung, by defective or poorly-made products or decorations that are set up unsafely.
Unlike some situations, you have control of your home and can take steps to protect yourself, your family and holiday guests.
Start by simply walking around your home and checking your holiday decorations and your Christmas tree, if you have one. Make sure all your decorations are out of reach of young children and put away all tools, such as ladders and hammers, or boxes you may have left out while decorating.
Watch for unsafe products, such as those which arrive in questionable packaging or contain broken or small parts. Manufacturers have a responsibility to design products and provide reasonable warnings for safe use. There can be a high cost when manufacturers or others in the supply chain neglect their responsibilities in the rush to sell, or when individual sellers on Craiglist or Facebook Marketplace offer used goods without the original packaging. But it can happen and ruin a family’s holiday – unless you recognize the risk and act to prevent injury.
Use Caution While Hanging Holiday Decorations
Still have some decorating to do? Remember not to rush. During a season of merry and bright, you want to be safe and avoid injury. Holiday decorating can cause a range of injuries, from passing muscle strain to broken bones, though injuries can be much more serious, resulting in head injuries and even permanent disability. At a minimum, many people experience some muscle strain the next day after reaching and climbing. Planning can help!
So make a decorating plan. Team up with a family member or a friend so you have help carrying heavy boxes or using ladders or step stools.
Consider whether you are physically up for holiday decorating. As you get older, you may not be able to take on the same physical challenges. Acknowledge this before you start.
While you may be thinking, “Bah humbug,” you can still decorate. Just make a few adjustments for safety or to account for your late start. You can hang fewer holiday lights and hang them lower so you can stay off ladders, which are associated with many fall injuries during the holiday season.
Decorators of all ages should consider the cold weather. Even without snow or ice, you face a greater risk for muscle strain and injury during cold weather. It is never safe to climb a ladder in snow, ice, rain, winds or at night.
Water Your Christmas Tree Regularly
If you celebrate Christmas, your tree is the center of your holiday season, where you gather for family photos. But you should only purchase a live tree if you are home and have time to care for it.
Just as they bring joy, Christmas trees can cause devastation if they dry out and catch on fire. Each year, fire departments respond to an average of 160 Christmas tree fires across the U.S., resulting in injuries, deaths and millions of dollars in direct property damage, according to the National Fire Protection Association. These experiences can change a family and the holidays forever.
If you have already brought your tree inside, you may have cut 2 inches off the bottom before placing it in the tree stand. Now, your concern is watering the tree.
Regularly water your Christmas tree and keep it away from fireplaces and heating devices, which can accelerate drying out. The National Christmas Tree Association recommends that families check their tree daily and make sure the water level does not fall below the base of the tree.
Your Christmas tree stand is one of your most important holiday decorations in terms of safety. Choose one which can hold enough water to support your tree’s needs throughout the year. As a general rule, the association recommends stands provide one quart of water per inch of stem diameter.
If you are not up for a live tree, go artificial. Make sure your artificial Christmas tree is marked “flame-resistant.”
Watch for Defective Products and Check Holiday Extension Cords for Safety
Closely examine holiday decorations and equipment before you start decorating. Your trusted tools and supplies may have been recalled for safety since your last use or may not work well with newer products you have purchased.
Check ornament boxes for cracks; make sure ladders and foot stools are in good working condition, if you have to use them. Extension cords should be free from damage and cracks.
This is easy to forget. Many of us reach for extension cords after we start setting up decorations, not first. But here are a few points for safety on extension cords:
- Extension cords should be tested by a nationally recognized testing laboratory, such as Underwriters Laboratories (UL), Intertek (ETL) or CSA Group Testing and Certification. Similarly, holiday lights should also be tested.
- You should only use one extension cord at the most, so measure and buy one that meets your needs.
- Make it a habit to check for safety recalls before you plug your holiday extension cords in. Just visit www.cpsc.gov and search for extension cord recalls
- Replace your extension cords every few years. You trust these cords to light up your holiday and protect your family and home over the years, yet you expose them to more wear and tear than other products when you string them around your tree, furniture and take them in and out of storage each year.
Keep a Safe Home for Holiday Guests and Children
Consider what may be in a child’s reach or limit an older guest’s mobility. Move ornaments and decorations with small pieces and sharp edges out of reach. Remember children are curious and may pull at decorations or small broken lights found under a tree or plastic packaging you may have dropped while wrapping gifts. A child could find these, put them in their mouth and choke or suffocate – the worst thought for the holiday season.
Look beyond your holiday decorations as well. You may not be able to see all the hazards, so think about how your home products are powered. For example, flashlights and electric holiday lights may contain small button batteries, which a young child could find and swallow. So may your remote controls, including those you use to manage your holiday lights, and these can be too easy for children to open. You may treasure the holiday cards you receive, but these can also tempt children. Tuck away cards with removable pieces.
It is critical to think about fire prevention, especially before you invite guests into your home. Take a moment to test your smoke alarms. As we mentioned above, keep holiday decorations away from working fireplaces and stoves. Turn these appliances off when you have guests over and skip candle use for holiday ambiance or at the holiday meal.
Finally, we often hang or position decorations near entrances or hallways where people can enjoy them. This can bring joy, but block access to essential exits if a fire ever broke out. It is best to enjoy these somewhere else and keep all entrances and hallways clear.
Free Legal Consultation – Boston Personal Injury Lawyers
Breakstone, White & Gluck specializes in personal injury law, representing those who have been injured or killed by negligence across Massachusetts, including in Boston, Cambridge, Somerville and Arlington.
With more than 100 years combined experience, our lawyers have been recognized among the top personal injury attorneys in Massachusetts and New England. We represent clients in all areas of personal injury law, including injuries and wrongful death resulting from defective products.
If you have been injured by someone else’s negligence, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or use our contact form.
Helping Children Remember Bicycle Helmets During Back to School
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.
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.
Brain Injury Awareness Month: Simple Steps You Can Take to Protect Your Children
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/project-kidsafe/.
Breakstone, White & Gluck Receives Tier 1 Rankings for Personal Injury and Medical Malpractice in U.S. News 2021 “Best Law Firms” Awards
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.
Safety Reminders for College Students and Others Renting Apartments in Boston
September has arrived. In Boston, college students returned a few weeks ago and the focus has been preventing the spread of COVID-19. But apartment safety is another important topic – for college students as well as other renters.
If you rent an apartment, your safety is paramount, and that has not changed during COVID-19. We encourage you to inspect properties before signing leases and moving in. Speak to your landlord, your college or your family if you find yourself in unsafe conditions.
At Breakstone, White & Gluck, our personal injury lawyers are experienced in cases involving landlord negligence resulting in the injury of our clients. In Allston and other parts of Boston, we have represented college students and other renters who have been very seriously injured in falls and fires. These are devastating stories, more so because landlords neglected their responsibilities to maintain safe premises.
During COVID-19, there is a very real risk that landlords may fall behind or neglect to maintain their properties. If you rent and see a hazard, be prepared to speak up so no one is injured.
We share a few safety tips and resources:
Notify Your Landlord of Hazards Promptly
If you see a hazard, notify your landlord or the property owner. We know it can be overwhelming to be 19 or 20 years old, living on your own for the first time and stressed about approaching a landlord. Honestly, this is never easy – even for renters with a few years of experience. But if you need help, you should reach out to your parents, family members or someone else you trust. Your safety – and the safety of your roommates and others in the building – is the priority.
When you contact your landlord, do so in writing. Describe what appears unsafe and email a photo. Ask them to come inspect the problem. If you do not make any progress, call your college or the City of Boston’s Inspectional Services Department.
Thoroughly Inspect Your Apartment Regularly
If you recently signed a lease, you likely inspected the apartment first. Your apartment may be in good condition and look well-maintained. But things can break. Safety hazards can emerge with use. Monitor conditions throughout the year so no one is injured.
If you are in the middle of a lease or have rented through COVID-19, you should also conduct a thorough inspection with a new eye.
You may see hazards you have learned to live with. A few examples include broken handles, railings and staircases. Collapsed wood on porches or decks, which will eventually rot away. Floors which are so worn you have already slipped on them. We will stop here. You cannot live with these things. Doing so could result in an accident – and will likely result in you losing part of your security deposit down the road. Alert your landlord now.
Never Forget the First Step of Safety: Smoke Alarms
Smoke alarms are the most basic tools you have to protect yourself. Make sure your apartment has working smoke alarms and carbon monoxide detectors at all times. Regularly replace the batteries and test them.
Check Out These Websites and Resources for Tenants
Know Your Rights When You Rent in Boston
City of Boston Inspectional Services
Attorney General’s Guide to Landlord and Tenant Rights
A Warning About Fake Apartment Listing Scams, WCVB-TV Boston
Injured by a Landlord’s Negligence in Massachusetts? – Free Legal Consultation
With more than 100 years combined experience, Breakstone, White & Gluck and our Boston personal injury lawyers fight for the rights of those injured by negligence and wrongdoing in premises liability cases. Our attorneys have been consistently recognized among the best lawyers in Massachusetts and New England by Super Lawyers and Best Lawyers in America. We provide experienced representation to those injured by the negligence of property owners and landlords, including in falls, porch collapses, fires and elevator accidents.
If you have been injured by unsafe conditions in an apartment, learn your legal rights. Call Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney Reza Breakstone Featured in LexisNexis Attorney Spotlight Series
Attorney Reza Breakstone was recently featured in the LexisNexis Attorney Spotlight Series and discussed specialization, referrals and reviews. Read the article on the LexisNexis website or the PDF version.
Grilling Safety at Summer Picnics and BBQs in Massachusetts
As we approach the Fourth of July, many of us have grilling on our minds, and all the delights of summer BBQs. If you plan to grill, we hope you enjoy, but please remember to follow the rules of safety at all times.
This is the time to plan, because as we enjoy friends and family, July is the peak month for grill fires, the weeks when nearly 20 percent of all grill fires across the U.S. happen, according to the National Fire Protection Association (NFPA). August is another high risk month, accounting for 12 percent of grill fires.
Though these fires are devastating and life-changing events, they don’t always make the news. But according to the Massachusetts State Fire Marshal’s office, there were 474 fires involving grills, hibachis and barbecues between 2014 and 2018. Nineteen civilians were injured and seven firefighters were hurt in the wreckage. Property damage totaled $3.8 million in losses.
Across the 50 states, firefighters responded to 10,200 home fires involving grills, hibachis and barbecues each year from 2013 to 2017. Ten civilians were killed and 160 were injured. Property damage resulted in $123 million in losses.
Grilling Safety Tips
Compiled From the Massachusetts State Fire Marshal’s Office and Other Sources
Only use propane and charcoal grills outdoors.
Never leave your grill unattended.
Keep a fire extinguisher nearby.
Grills should be set up at least 10 feet away from the house or deck railings.
Gas grills can be used on first-floor decks and patios, but they must be located on the ground level or have an outdoor stairway leading to the ground.
Grills should never be set up under a roof overhang or low-hanging tree branches.
Grills should not be used on fire escapes.
Take additional precautions around children. Keep matches and lighters out of their reach. Create a circle of safety, keeping children and pets at least three feet away (more space is better).
Do your grilling at least three feet away from tables and furniture. Fold grill covers and remove them from the cooking area.
Safe Handling of Propane Tanks
Never smoke while handling or cooking with a propane cylinder.
Keep propane tanks outdoors at all times, at least 10 feet distance from doors and other building openings. This includes windows and dryer vents.
Keep propane tanks at least 20 feet from air intake vents and ignition sources.
Propane cylinders should be stored outdoors in shady areas. Cylinders should not be used or kept in high temperatures.
Replace propane cylinders that are aging, rusting or showing other wear and tear.
As with other grills, only use charcoal grills outdoors.
When using charcoal grills, only use charcoal starter fluid. Never use gasoline or kerosene.
Never add lighter fluid to hot coals. This can cause a flash fire, causing serious skin burns.
Use charcoal grills in open outdoor decks and patios, just as you would gas grills. Be aware that charcoal briquettes emit carbon monoxide, a clear, odor-free gas which can accumulate in spaces and be deadly. Charcoal grills should never be placed in close quarters near an open window.
Allow the grill to cool. After 48 hours pass, you can safely dispose of coals.
If you cannot wait 48 hours, soak the coals in water, then place them in a metal container.
Review the product manual and instructions that come with your grill.
Start by opening your grill to see if there is any animal activity or unexpected conditions.
Next, check that your propane tank is safe for use. Dab soapy water on your propane tank and turn it on for a moment. If there is bubbling, you may have a potential leak. This should be done carefully. Before you try, watch a National Fire Protection Association video.
Check that connections are tight before you turn the gas on.
Clean the grease trap every time you grill.
Rooftop grilling is against the law in Massachusetts. When someone tries to grill on a rooftop, the damage can be deadly and exponential. Some may still remember the 2010 gas grill fire explosion that exploded and lit up the sky over Charlestown. Starting the fire was an illegal propane tank which exploded on a residential building’s rooftop. Soon after, three other illegal gas tanks burst nearby, igniting a 4-alarm blaze which move through several buildings.
Firefighters – 125 in all – battled the fire on a 100-degree Boston day. Nine firefighters and two civilians were treated for heat exhaustion injuries.
Maintain Safe Decks and Porches
Grill fires can happen when someone makes a mistake while cooking, when a child gets too close to the grill or if the grill has a product defect. Landlords may be held responsible in certain grill fires if they keep a defective grill or fail to meet building codes and illegally close off access ways. In Massachusetts, most residential properties are also required to have working smoke alarms on each floor of floor, including inside bedrooms and other areas. They must also have working carbon monoxide detectors.
You cannot always prevent negligence in these situations. But you may be able to minimize many injuries by providing yourself a little more room to work and taking it slow. Keep the grill area and walkways leading there open and clear. When you take grill covers off, set them in safe areas away from the grill. Finally, tell everyone in your home you are grilling and ask another adult to watch children.
Sources for this blog include:
Grilling Safety, Mass.gov
Getting Fired Up for Grilling Safety, Massachusetts State Fire Marshal’s Office
National Fire Protection Association
About Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston personal injury law firm with expertise in premises liability and product liability cases. With more than 100 years combined experience, our attorneys have been recognized as top-rated personal injury lawyers in Massachusetts. Through our Project KidSafe campaign, we also work to bring safety information to individuals and families to help them make safe choices.
If you have been seriously injured by the negligence of someone else, learn your legal rights for seeking compensation. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney Ronald E. Gluck Secures Financial Settlement at Trial for Client Injured by Snow Collapse
Settlement was reached during trial in Middlesex Superior Court
Breakstone, White & Gluck successfully resolved a mild traumatic brain injury case for our client, who was injured when heavy snow collapsed from a commercial warehouse roof onto her vehicle. During the recent jury trial in Middlesex Superior Court, Attorney Ron Gluck presented testimony from multiple expert witnesses including a neurologist and a meteorologist, who testified in support of his client’s case.
Four days into the trial, the defendants made an offer that represented an 800% increase from the pre- trial offer and the case was settled at that time, just before it would have gone to the jury for deliberation. The settlement provides significant compensation for the injuries and damages that our client suffered.
Attorney Gluck presented evidence showing that the three defendants – the property owner, the property management company, and the company that leased the warehouse – took no action to remove snow from the warehouse roof and awning following 20 to 24 inches of snowfall. Defendants had a duty to provide a safe environment for those legally visiting the property, such as our client who was making a delivery to the loading dock at the time of her injury.
Trial and Litigation
Through extensive depositions taken during the litigation it was proven that the defendant corporations failed to establish policies for snow removal from the awning, which was located directly above the loading dock, and that none of the employees of the defendant corporations had any understanding of whose responsibility it was to remove snow from the roof. As a result, snow remained on the awning after a historic snow storm and fell onto the liftgate of plaintiff’s vehicle which slammed down onto her head, causing her injuries.
At trial, it was proven that our client was instructed to park her car directly below the awning in spite of the fact that the defendant was aware that snow had fallen from the awning onto the loading dock on prior occasions and that they knew it presented a danger to anyone standing under that awning.
The evidence presented at trial established that our client suffered a traumatic brain injury which caused multiple symptoms including memory loss, mood alteration, dizziness, headaches and involuntary movement of her limbs. She underwent a long regimen of medical treatment for her injuries.
At the beginning of the trial, the defendants denied that they were negligent and that their negligence caused our client’s injuries. But, as the trial proceeded and Attorney Gluck presented evidence, the defendants’ settlement offers grew each day until the case was settled on day four.
Breakstone, White & Gluck – Free Legal Consultation: 800-379-1244
Breakstone, White & Gluck is known for our exemplary trial experience. Not every case can be or should be settled out of court. When our attorneys go to trial, we do so with the respect of our colleagues and judges, bringing over 100 years combined experience before Massachusetts trial and appeals courts. We are known for our successful outcomes and for holding defendants, from individuals and insurance companies, to the MBTA and corporations, accountable for their negligence to our clients.
At Breakstone, White & Gluck, each of our partners has over 35 years of experience representing clients in serious personal injury claims in Massachusetts. Our attorneys have successfully presented our clients’ cases before the trial courts, the Appeals Court and the Massachusetts Supreme Judicial Court.
If you have been injured, we can advise you on whether you may have the legal right to seek compensation. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Donates Bicycle Helmets at Dedham Bike Rodeo For Third Year
Breakstone, White & Gluck returned to the Dedham Bike Rodeo yesterday for the third year in a row. We were happy to donate 120 new bicycle helmets to the kids at the rodeo.
Photo: Attorneys Ronald E. Gluck and David W. White of Breakstone, White & Gluck with Dedham police officers, including Neil Cronin and Bob Nedder.
Photo: Attorney David W. White with 4-year-olds from the Courtyard Learning Center in Dedham.
The Dedham Bike Rodeo was one of the first events we participated in after starting our Project KidSafe campaign in 2013 and we always look forward to it. It is an annual event organized by the Dedham Police Department and Dedham Parks & Recreation Department. Local children are invited to ride around at the Endicott Estate, then offered a free lunch. The Dedham Police Department raffles off free bicycles to a few lucky children. For the finale, the Dedham Fire Department brings in the hose truck and lets the kids run under the water to cool down. That was much needed yesterday, with the temperature over 90 degrees!
Attorney David W. White fitted the children for new bicycle helmets and talked to them about the importance of always wearing one. A child who wears a helmet significantly reduces their chance of suffering a traumatic brain injury in a bicycle accident. In Massachusetts, wearing a bicycle helmet is also the law for children and teenagers 16 years old or younger.
David has fitted some of the Dedham kids two or three times now over the years and it was nice to see them back, willing to wait in line on such a hot day. A lot of helmets from years past were still being worn by other kids.
Breakstone, White & Gluck donated the helmets as part of our Project KidSafe campaign, which we launched in 2013. To date, we have donated over 5,000 helmets and expect to reach 8,000 by year’s end.
Our goal is to encourage children to wear bicycle helmets and ride their bikes safely. Even though it is widely known that bicycle helmets can protect cyclists, many children still do not wear them or use ones which do not fit properly or are in poor condition.
It is important for children to wear helmets which fit properly and meet safety standards. Children are especially vulnerable to bicycle-related injuries and deaths, accounting for half of all cyclists who are treated in emergency rooms each year, according to the Centers for Disease Control and Prevention. Some 26,000 children are treated for traumatic brain injuries related to bicycling accidents.
We also encourage parents to always wear their helmets too. When children see their parents consistently wearing helmets, the use of helmets by children increases dramatically.