Posts by Breakstone, White & Gluck
Hoverboards and Drones Bring Safety Risks
Despite fires and hard falls, the hoverboard was one of the year’s most popular gifts.
Reports of hoverboard fires began before the holidays. Amazon even told consumers to return some models in mid-December and notified sellers that they must provide documentation showing hoverboards are compliant with safety standards. The Consumer Product Safety Commission (CPSC) opened an investigation on Dec. 16th, after reports of 10 hoverboard-related fires in Washington, California, New York and other states. The fires often happen during charging.
The CPSC has also received dozens of reports of hoverboard-related falls from hospital ERs, including concussions, fractures and internal organ injuries. Christmas Day brought more injuries, revealed as photos and videos were posted to social media.
Congressman Carlos Curbelo of Florida fell when he tried out his daughter’s hoverboard. He tweeted a photo of himself wearing a sling:
“Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas.”
Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas. pic.twitter.com/ADRrYBB81J
— Carlos Curbelo (@CLCurbelo) December 26, 2015
We do not think this product is safe for any age. But we agree with his colleague, Congresswoman Illeana Ros-Lehtinen of Florida, who tweeted back: “Ouch. At least it didn’t catch on fire!”
News Headlines
One headline from the Washington Post: “Thanks for ruining Christmas, hoverboards.” Below is a video from the report.
Our Thoughts
This is a dangerous product and safety concerns need to be addressed. If you received one, consider returning it. If you keep it, follow instructions for charging it. Do not charge it overnight or while you are outside the home. Also, remember most airlines have banned hoverboards due to the fire risk.
If you do ride, always wear a proper helmet and padding while using this product. Ask what the local traffic laws are before use.
Drones
Many people also received drones as holiday gifts. The Federal Aviation Administration (FAA) predicted more than 1 million drones would be gifts on Christmas Day.
On Christmas Day, photos and videos of drones crashing on the ground, into the neighbor’s roof and even into other family members filled social media. Read this Washington Post report, “Wear a Helmet: All those Christmas Drones are Falling Out of the Sky.”
The FAA has set up a website to register drones. Anyone with an aircraft weighing from a half-pound to 55 pounds must register with the FAA. Drone owners who are 13 and older must register on the FAA website. Parents with younger children are expected to register on their behalf.
Drone Owners Must Take Care
There are serious concerns about drones interfering with airplane traffic, but there are also very real concerns about general transportation safety. Drone owners must take care to be sure that they do not interfere with traffic, bicyclists or pedestrians. Be considerate and be aware of local laws and ordinances related to drone use.
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City of Boston to Lower Speed Limits to Reduce Traffic Fatalities
Good news for pedestrians and cyclists: the City of Boston plans to lower speed limits to 20 MPH in some neighborhoods. Officials will also advocate to lower Boston’s default speed limit to 25 MPH.
Mayor Marty Walsh released the city’s Vision Zero Action Plan last week, including the Neighborhood Slow Streets Program, which will be launched in 2016. A pilot program will introduce traffic calming measures and a 20 MPH speed limit to the Talbot-Norfolk Triangle in Dorchester and the Stonybrook neighborhood in Jamaica Plain. The full program will be launched later in the year and residents across the city can apply.
The default speed limit on local roads in Massachusetts is 30 MPH. The Massachusetts State Legislature must approve any change and it has not acted on past bills. The Metropolitan Area Planning Council, a proponent of the change, has said lowering the speed limit would prevent 2,200 car crashes, 18 fatalities and 1,200 injuries across the state each year. Some $210 million would be saved in medical payments and lost work.
In 2014, Boston Emergency Medical Services treated two to three people each day due to pedestrian and bicycle accidents.
Earlier this year, Mayor Walsh announced Boston would adopt Vision Zero to eliminate traffic fatalities and injuries by 2030. The far-reaching plan includes many infrastructure and technology changes, from the implementation of smart parking meters to building protected bike lanes in crash-ridden areas and better data collection among city departments.
Boston joins other cities around the world in adopting Vision Zero initiatives. The first was adopted in Switzerland nearly 20 years ago. In recent years, New York City, San Francisco and Chicago have adopted plans.
New York lowered its default speed limit from 30 MPH to 25 MPH last year and San Francisco city supervisors began discussing a 20 MPH speed limit last winter.
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What to Know About Food Poisoning After the Chipotle Restaurant Norovirus Outbreak
The Chipotle Mexican Grill in Cleveland Circle in Brighton remains closed after a norovirus outbreak, which has reportedly sickened more than 120 Boston College students.
Most of us eat at restaurants and trust they are safe. But there are hidden risks for food-borne illnesses and food poisoning, such as unsafe handling of food, not keeping the premises clean, and allowing sick employees to work. While some illnesses pass in a day or two, others are more serious and results in visits to the ER, hospitalization and even death.
If you suspect food poisoning, it is important to visit a doctor and depending on the length and severity of your symptoms, consult an attorney about your legal rights.
The Chipotle Boston Case
Chipotle restaurants in the northwest and Maryland have recently been linked to 52 cases of E. Coli food poisoning. But the City of Boston’s initial testing showed the presence of norovirus at the Chipotle in Brighton.
The Brighton restaurant closed Monday after Boston College reported 30 students, including members of the men’s basketball team, became sick after eating there. A college spokesman has since raised the number to more than 120 students. City inspectors have cited Chipotle with three violations, including allowing a sick employee to work a few days prior to the outbreak and cooking chicken and steak below the required temperature of 140 degrees.
Norovirus causes acute gastroenteritis, the inflammation of the stomach or intestines or both. Symptoms include stomach pain and cramping, diarrhea, vomiting and headaches. E. Coli can have similar symptoms, but norovirus is a viral infection and cannot be treated with antibiotics. Doctors often encourage those who are infected to drink plenty of fluids as they recover to prevent dehydration. Norovirus is not typically fatal.
Boston College has tested its students for both E. Coli and norovirus, but test results have not been released publicly.
What to Know About Food Poisoning, Medical Care and Your Legal Rights
Food poisoning is more common than many realize. Each year, 48 million (or 1 in 6) Americans suffer some form of food poisoning, according to the Centers for Disease Control and Prevention (CDC). While some cases make the news, many do not, even though 128,000 people are hospitalized and 3,000 die each year from foodborne illness.
How Common is Norovirus?
Each year, 19 to 21 million people in the U.S. suffer norovirus, according to the CDC. Doctors treat nearly 2 million people as outpatients and another 400,000 people have to seek care from hospital emergency rooms.
How Long Will Norovirus Symptoms Last?
Symptoms often appear after one or two days and individuals may be sick for two to four days.
Where is Norovirus a Risk?
You can contract norovirus by contact with an infected person, touching infected surfaces or when an infected person handles food. It is airborne and can stick to surfaces. Because of this, norovirus can spread quickly in places where large numbers of people gather and pass through, such as restaurants, schools and daycare centers.
Last spring, more than 200 people contracted norovirus on two Royal Caribbean cruise ships.
Can I Sue for Food Poisoning and Norovirus?
As with any injury caused by someone else’s negligence, you may be able to file a lawsuit if you suffered food poisoning. But you should consult an experienced personal injury attorney to advise you on the law and your specific circumstances.
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Breakstone, White & Gluck Welcomes Attorney Reza Breakstone
https://www.youtube.com/watch?v=pPY94mFkyQI
From the stage to the courtroom, Attorney Reza Breakstone brings a unique blend of skills and experience to the firm. We are pleased to welcome Reza, who will focus on representing personal injury clients at Breakstone, White & Gluck. He will also counsel small businesses in strategic development, litigation and contract matters.
Reza graduated from the University of Michigan in 2002, where he received several leadership awards. After college, Reza worked for two years as a legislative aide for the junior Senator from Michigan in Washington D.C. He returned to Boston to attend Northeastern University School of Law. After graduation from law school in 2008, Reza worked for four years at a prestigious Boston firm, concentrating in complex business litigation, federal antitrust defense and security litigation. During that period, he received a special assignment as an Assistant District Attorney in Suffolk County District Attorney’s office where he prosecuted criminal cases. Working in the West Roxbury Division of Boston Municipal Court, he tried numerous bench and jury trials to verdicts.
“What I learned in the DA’s office is your value as a lawyer is embedded in your judgment, interpersonal skills and treatment of others,”
Reza says. “Having good relationships is essential. When you are at a large firm, having good relationships is important, but productivity is a much more important measure.”
In addition to his legal pursuits, Reza has a passion for acting and improvisational theater. He has performed in numerous independent films and improvisational theater troupes in New England and Los Angeles.
Reza looks forward to working on behalf of the firm’s injured clients while continuing to assist small businesses and start-ups with development strategies. In both pursuits, he looks forward to furthering his commitment to “the business of helping people.”
“When you are put in a position to represent someone, it really comes down to confidence and trust,” he said. “I have a lot of people who respect me and trust me. I think the latter is as important as anything.
That really helps when people are bringing their lives to you and saying help me out. It’s because they trust you to get the job done.
To learn more about Reza, please visit his attorney bio page.
The 10 Worst Toys of 2015
The annual list is compiled by W.A.T.C.H. This year’s list includes:
Skipit’s Wheely Cute Pull Along
Every child loves a cute puppy, but this toy has hub caps which come off the wheels and pose choking hazards for young children. This product is marketed to children six months and older and is made by Bunnies By The Bay. Certain lots of this product were actually recalled on June 16, 2015. However, W.A.T.C.H. reported a similar toy was purchased online after the recall, so this risk may still be on the market.
Foam Dart Gun
This gun is manufactured by G.D. Jiefeng Toys and is marketed to children ages 3 and up. It is sold on Amazon.com and Ebay. W.A.T.C.H. says, “In today’s world, there is no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills. Existing regulations addressing the hazards associated with such ‘toys’ are inadequate.”
Stats 38″ Quick Folding Trampoline
Toys R Us manufactures and sells this trampoline, which is marketed to age 6 and older. Trampolines are associated with spinal cord injuries and this one even has a warning stating, “Landing on the head or neck can cause serious injury, paralysis, or death, even when landing in the middle of the bed.”
Splat X Smack Shot
This $10 toy looks fun, but it actually poses the potential for serious eye injuries to the child using the toy and others around him. The toy, which is made by Imperial Toy LLC, comes with ammunition with can fire up to 100 feet away. It is sold at Walmart, Amazon.com and Kmart.
Poo-Dough
This $4.99 toy was included in W.A.T.C.H.’s list because it only has an allergy notice on part of the packaging.
Kick Flipper
This is basically a plastic board marketed as a “skateboard without wheels.” The packaging shows pictures of children using the Kick Flipper as they would a skateboard, but they are not wearing helmets or safety gear.
Leonardo’s Electronic Stealth Sword
This toy can cause facial and other impact injuries. It is manufactured by Playmates international Company Ltd and marketed to children ages 4 and up. It is sold by Toys R Us, Amazon and Ebay.
Kid Connection Doctor Play Set
This $5 play set is sold at Wal-Mart, Amazon.com and Ebay. It is recommended for children ages 2 and up, but includes a small “tongue depressor,” which is 4 ¾ inches in length and could cause a choking hazard.
Pull Along Zebra
This toy poses a strangulation risk. It has a 21-inch cord and is marketed for children 12 to 36 months old. The toy is made by Early Learning Centre and sold at Amazon.com, Kmart, Brookstone and Village Toy Shop. It carries this warning: “Remember babies and young children have no idea what is dangerous or potential harmful, so supervision is important…”
Jurassic Word Velociraptor Claws
This $19.99 toy is marketed to 4-year-olds who want to “claw like a raptor!” The packaging warns there is a choking hazard and small parts will be generated. There are no warnings about potential facial or eye injuries. The claws were manufactured by Hasbro and are sold by Target, Amazon.com, Toys R Us, Walmart and Kohl’s.
Law Firm of Breakstone, White & Gluck Donates Bike Lights for Boston Bikes’ #BeBrilliant Campaign
Breakstone, White & Gluck recently donated bike lights for the Boston Bikes’ #BeBrilliant campaign. Boston Bikes surprised cyclists during their evening commutes and gave them free bike lights, at various giveaways over several days.
A total of 250 light sets were distributed in giveaways in Allston, Dorchester, East Boston, Jamaica Plain, Mattapan, Roslindale and South Boston. Community-based bike shops also distributed lights.
In Massachusetts, cyclists are required to equip their bikes with a white front light and a red rear reflector so they are visible to drivers in the dark.
This is the second year Breakstone, White & Gluck has donated bike lights for the campaign as part of our bike safety outreach. The campaign started after Daylight Savings Time.
Boston Bikes, an office of the City of Boston, worked with a number of city cycling clubs, stores and organizations to distribute the lights, including:
- Bicyclecentro
- Bikes Not Bombs
- Bowdoin Bike
- Commonwheels
- Bicycle Co-Op
- Dot Bike
- JP Bikes
- Mattapan Food and Fitness Coalition Vigorous Youth
- Southie Bikes
More photos of the cyclists: http://tinyurl.com/pd4y89t
About Breakstone, White & Gluck
The Boston law firm of Breakstone, White & Gluck promotes bike safety through our Project KidSafe campaign. Since 2013, we have donated nearly 8,000 bike helmets in Massachusetts. To learn more about our firm and attorneys, visit this page: https://www.bwglaw.com/our-attorneys/.
Halloween Safety: Trick-or-Treat Safety Tips
Many of us are looking forward to the ghosts, goblins and treats of Halloween this weekend. But while a lot of fun, Halloween is also one of the most dangerous days of the year for pedestrians, particularly children. The National Highway Traffic Safety Administration (NHTSA) routinely reports that traffic accidents involving drunk drivers and pedestrians increase on Halloween.
For children, the risk of being hit by a car and killed more than doubles on Halloween, according to Safe Routes Worldwide.
We want you to have fun and to be safe on Halloween. Please read our safety tips before trick-or-treating:
1) Stay Visible to Cars. Buy neon reflective clothing for your child and yourself. This can be a vest, an arm band or reflective tape. Also carry flashlights, one per person.
2) Costume Check. Make sure your child can safely walk without tripping in their costume and see through any masks.
3) Stay With Your Child. Go trick-or-treating with your child and really pay attention as they walk from house to house. Tag along if they go with friends.
4) Remind Your Child To Stay Off The Street. You probably already tell your child this daily, but really impress this upon them again for Halloween and reward them for doing it.
5) Plan Your Halloween. Many trick-or-treaters travel between 4 p.m. and 9 p.m. This year, Halloween falls on a Saturday night, so activity may extend later and there may be more gatherings. Find out what will be happening in your community through social media or ask your local town office or neighbors. You want to know what to expect, whether you are trick-or-treating or going out to a party or weekend job.
6) Remember the Cyclists. Watch out for cyclists as you drive or take your children trick-or-treating. Pedestrians should stay on the sidewalk, even if it gets crowded, and save the side of the road for the cyclists.
7) Familiarize Yourself with the Halloween Route. If you are trick-or-treating in another neighborhood, take a drive through at night with your child beforehand, even if you are familiar with the area. Take note of where the roads are well-lit, the location of crosswalks, and how long the roads stretch.
8) Look for Crosswalks. Always cross the street at crosswalks, when available.
Reminder for Drivers. Try to get home early if you can, before the trick-or-treaters arrive or stay out until after they finish. Commit to travel slowly, put your cell phone away and do not drive under the influence of alcohol. If you plan to drink, find a designated driver or bring cab fare.
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Breakstone, White & Gluck Attorneys Named to Top 100 Massachusetts Super Lawyers List
Our partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, have been selected to various 2015 Massachusetts Super Lawyers lists, for their work in the practice areas of personal injury and medical malpractice.
We are pleased to announce this honor. This is the 12th year in a row our attorneys have been selected to various Super Lawyers lists, a recognition of excellence. Super Lawyers, part of the Thomson Reuters company, makes annual selections using a multi-phase process of peer nominations, independent research and attorney evaluations. It only recognizes 5 percent of attorneys in each state.
The Massachusetts Super Lawyers lists are published online and in the November issue of Boston Magazine. You can also read more about our attorneys here:
Marc L. Breakstone
Attorney Breakstone was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Medical Malpractice Attorney.
Attorney Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has been selected to the Massachusetts Super Lawyers list for medical malpractice 12 years in a row, to the Top 100 Massachusetts Super Lawyers list nine times and to the Top 100 New England Super Lawyers list four times.
A graduate of Northeastern University School of Law, Attorney Breakstone has been practicing in Boston since 1986. He has represented clients who have been seriously injured by negligence, including in cases of wrongful death, medical malpractice, bus and truck accidents and propane gas explosions. Read his bio.
Attorney David W. White
Attorney White was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Personal Injury – Plaintiff Attorney.
Attorney White is a Northeastern University School of Law graduate and has 30 years of experience representing victims of personal injury and insurance bad faith cases in Massachusetts. He is a past president of the Massachusetts Bar Association.
Attorney White has been named to the Massachusetts Super Lawyers list 12 years in a row. He has been included in the Top 100 Massachusetts Super Lawyers list seven times. He has also been named to the Top 100 New England Super Lawyers list three times.
White represents clients who have been seriously injured by car accidents, bicycle accidents, dog bites, product liability, construction accidents and other personal injury claims. Read his bio.
Attorney Ronald E. Gluck
Attorney Gluck was named to these 2015 lists: Massachusetts Super Lawyers, Top Rated Personal Injury Attorney – Plaintiff Attorney and New England Super Lawyers, Personal Injury Attorney – Plaintiff Attorney.
Attorney Gluck has consistently been named to the Massachusetts Super Lawyers list each year since 2005. He is a graduate of Boston College and Case Western Reserve University School of Law. Over his career, he has represented clients who have been seriously injured in complex cases involving wrongful death, car and trucking accidents, bicycle accidents, motorcycle accidents, liquor liability and product liability.
After 9-11, he represented victims of the World Trade Center attacks. He has also served as an expert witness on behalf of the United States Justice Department. Read his bio.
Breakstone, White & Gluck Donates Bicycle Helmets to Tierney Learning Center in South Boston
Breakstone, White & Gluck recently donated bicycle helmets to the kids in the afterschool programs at the Tierney Learning Center in South Boston. The learning center and the Boston Bikes’ Roll It Forward program invited us to spend Friday afternoon at the center. Attorney David W. White fit the children for helmets while Boston Bikes’ Roll It Forward staff checked bikes and shared information about bike repairs.
Breakstone, White & Gluck donated the bicycle helmets as part of our Project KidSafe campaign, which we began in 2013. Our goal is to provide children who need one with a safe bicycle helmet. This year, we have donated 3,500 helmets to children in Watertown, Somerville, Dedham, Worcester and other communities.
The Tierney Learning Center is a hub in the South Boston community, providing early childhood programming, year-round youth programs, adult education and a technology center.
Programs include ABCD Head Start, an afterschool program with the Boys and Girls Club, language support classes, adult computer workshops with one-on-one assistance, counseling and career training programs. It also hosts holiday parties, community gatherings and job fairs. The center serves 150 children and families per day. Nearly 60 percent of these households are non-native English speakers while 90 percent are single-parent households.
Boston Bikes is operated by the City of Boston. Boston Bikes’ Roll It Forward collects, repairs and distributes bikes to low-income Boston residents who might not otherwise have access to a bike. The program also provides bike safety education with a goal of promoting a healthier lifestyle of increased physical activity and fewer trips by car. The program plans to donate 1,000 bicycles this year, on top of the 3,800 helmets donated in past years.
Breakstone, White & Gluck is proud to have supported the program since 2013, by donating bicycle helmets for children who receive a refurbished bike.
Learn more about the Tierney Learning Center and Boston Bikes’ Roll It Forward.
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Breakstone, White & Gluck Donates Bicycle Helmets in Watertown
Breakstone, White & Gluck and the Watertown Bicycle & Pedestrian Committee recently partnered up and gave 120 bicycle helmet to children. Breakstone, White & Gluck donated the helmets through our Project KidSafe campaign. Committee members then gave of their time and distributed helmets to children at the Watertown Faire on the Square on Sept. 26th. All 120 helmets were given away in one day!
Our thanks to the Watertown Bicycle & Pedestrian Committee, which sent along a few photos:
