Personal Injury
Defective Dehumidifiers Recalled by Sears and Kmart
Sears, Roebuck and Co. and Kmart Corp. have issued a large product recall for dehumidifiers which can overheat, smoke, melt and catch on fire.
The voluntary recall, issued in cooperation with the Consumer Product Safety Commission (CPSC), is for 795,000 Kenmore Dehumidifiers. The devices were manufactured by LG Electronics (TIanjin) Appliance Co. Ltd., of Tianjin, China.
There have been 107 reports of incidents involving injury, including three cases of smoke inhalation. The humidifiers have caused more than $7 million in property damage.
The product recall covers 35-, 50- and 70-pint dehumidifiers which were manufactured between 2003 and 2005. They were sold at Sears and Kmart stores nationwide as well as the stores’ websites from 2003 to 2009 for between $140 and $220.
If you suspect you have a defective device, click the link below to see if your product model number is on the list and how to contact the store. Consumers who own a defective device are advised to immediately stop using it and unplug it. They will be compensated with a gift card which can be used at Sears or Kmart, as well as with a $25 coupon to purchase a new device at Sears.
LG Electronics Tianjin Appliance Co. issued another dehumidifier recall in 2009 and again in 2011 for 98,000 units. The Goldstar and Comfort-Aire dehumidifiers had a power connector which could short circuit, posing a fire risk. The company issued that recall after receiving 11 reports of property damage totaling more than $1 million. A Hudson, Mass. sustained $183,000 in damage from one of the defective dehumidifiers.
Those dehumidifiers were sold at The Home Depot, Walmart and Heat Controller Inc. nationwide from January 2007 and June 2008. In that case, consumers were advised to stop using the defective products and contact LG to arrange a free repair at an authorized service center.
Related:
Sears Recalls Kenmore Dehumidifiers Due to Fire and Burn Hazards, Consumer Product Safety Commission.
Dehumidifiers Recalled by LG Electronics Tianjin Appliance Due to Fire and Burn Hazards, Consumer Product Safety Commission.
Consumer Product Safety Commission.
Product Liability, Breakstone, White & Gluck.
Read More
Drownings Claim 90 Children in U.S. Since Memorial Day
The Consumer Product Safety Commission (CPSC) reports pool drownings have claimed the lives of 90 children in the U.S. since Memorial Day, a sober reminder for parents and caregivers to review how they are protecting their youth.
These figures were released for Pool Safely Day, an event being observed nationwide this week, from July 22 to July 29, 2012. In Massachusetts, the South Shore YMCA in Quincy and the Boys & Girls Club of Taunton were scheduled to host educational events.
The CPSC reported 90 children under age 15 have suffered swimming pool drownings and an additional 106 children in the same age category have required emergency response for near-drowning incidents at pools. The figures were released by the CPSC’s Pool Safely: Simple Steps Save Lives campaign.
The figures show younger children are most vulnerable, with 72 percent of the drowning victims younger than 5 years old.
Texas saw 13 drownings, the highest number nationwide through the mid-summer report, with California, New York, North Carolina, Ohio and Pennsylvania each reporting 5 swimming pool drownings.
Parents should make sure their children have taken swimming lessons and instruct them on ways to protect themselves, such as to stay away from pool drains, pipes and other openings; stay in certain areas of the pool and only use diving boards after asking parents. Children 13 and older should also be trained in CPR.
Parents and caregivers should also:
- Stay close and alert when watching children in and around the pool.
- Never leave children unattended.
- Learn CPR.
- If you own a pool or spa, make sure it has appropriate safety equipment. At pools, that includes fencing, a lockable safety cover, drain covers which match federal requirements, life rings and a reaching pool. Spas should have lockable covers for when not in use.
Click here for a full list of pool safety tips from the Boston personal injury lawyers at Breakstone, White & Gluck of Massachusetts.
Related:
- Midsummer Drowning Checkup: 90 Child Drownings Nationwide since Memorial Day, Consumer Product Safety Commission.
- Swimming Pool Accidents, Breakstone, White & Gluck.
- Pool Safely website.
- Virginia Graeme Baker Pool & Spa Safety Act, Pool Safely.
ATV Accidents: Resources and Safety Tips for Avoiding Them
The all-terrain vehicles (ATVs) have returned for summer. If you ride, remember the state of Massachusetts has specialized rules for your operation designed to protect you and others.
ATV riding comes with risks. Each year from 2004 to 2010, the U.S. saw an average of nearly 700 ATV-related deaths and about 136, 000 emergency department-treated injuries, according to the Consumer Product Safety Commission (CPSC). So far in 2012, the CPSC has received reports of 130 adults and 28 children under age 16 who have died in ATV accidents. The agency received reports 17 adults and children died in accidents over Memorial Day weekend.
Riders can benefit from taking a safety course and reviewing the laws. The Boston personal injury lawyers at Breakstone, White & Gluck offer these guidelines and resources:
Safety Course. The Massachusetts Environmental Police offer training classes.
Helmets. Wear a protective helmet specifically designed for ATV riding. Make sure the helmet is approved by the Snell Memorial Foundation or the Department of Transportation (DOT) testing labs.
Register Your Vehicle. You must register your ATV with the Massachusetts Environmental Police if you operate it on private or public property. You must carry proof of registration when riding. Click for more information.
Passengers. If your ATV is a single-operator model, do not carry passengers. For all other ATVs, limit yourself to the passenger capacity.
Public Roads. Do not operate on a public way, unless it is marked and approved for recreational vehicles.
Paved Roads. ATVs are not designed for use on paved roads and their solid rear axles increase the chance of tipping over when you turn.
Young Riders. Sean’s Law took effect in Massachusetts in 2010, banning children under 14 from operating ATVs. If you let your children operate, learn the specialized rules in Massachusetts. But also consider having them wait. The CPSC advises that children under age 16 lack the developmental skills to operate.
Training for Riders Under 18. These riders must complete an approved training course on safety. They must carry certification of this course when riding.
Youth on ATVs. Children should never ride an ATV designed for an adult. This is how 90 percent of injuries to children occur.
No Alcohol. Drinking and driving increases your chance of causing an accident and like motor vehicle drivers, it is against the law for ATV drivers.
Safe Riding Areas. Massachusetts offers state forests and parks designated for ATVs and off-road-vehicles. Click here for the list.
Accidents.You are required to report all accidents resulting in injuries, death or $50 or greater in damage to the Massachusetts Environmental Police.
Related:
- Snapshot: ATVs per Massachusetts Community, Boston Globe
- Does the new Massachusetts child-ATV ban go too far?, Boston Globe
- Annual Rise in Summer ATV Deaths Prompts CPSC to Urge Safety on the Trails, Consumer Product Safety Commission
- Massachusetts Environmental Police Urge Safe Off-Highway Vehicle Use
Swimming Pool Accidents Can Be Avoided By Owners’ Safety Steps
With the warm weather and pool season upon us, we wanted to take a moment to discuss important pool safety precautions to prevent injuries and drowning.
A swimming pool holds many risks for injuries, from defective equipment to unsecured locks. The biggest hazard, of course, is drowning. Drowning is the leading cause of death for young children ages 1 to 4 in the U.S. and the fifth leading cause of unintentional injury death for people of all ages. In children under 15, non-fatal drowning is more common than drowning. Non-fatal drowning happens when the brain loses oxygen due to submersion. This can cause brain damage and long-term disabilities.
In many cases, drowning and other pool-side injuries can be prevented if everyone using your pool is closely monitored at all times and your equipment complies with safety guidelines. The Boston personal injury lawyers at Breakstone, White & Gluck share these tips for pool owners:
Fencing. Residential pools must be secured by a fence at least four-feet tall. More than half of all swimming pool drownings among young children could be prevented by four-sided fencing that separates the pool from the house and yard. The fence should have self-closing and self-latching gates that open outward.
If your house serves as a fourth side of a fence around a pool, install door alarms and always use them.
Pool Alarms. Install pool and gate alarms to alert you when children go near your pool.
Drain Entrapments. Keep children away from drains, pipes and other openings to avoid entrapments. Purchase drain covers that comply with the Virginia Graeme Baker Pool & Spa Safety Act. The federal law covers pools which are open to the public, apartment complexes and hotels, but you can purchase these covers for your residential pool. Ask your local pool supplier or visit PoolSafely.gov.
Diving Boards. Never install a diving board for an above-ground pool. If you install one on your in-ground pool, make sure the water is at least 10 to 12 feet deep. Diving is a leading cause of neck and spinal cord injuries. Check with your insurance agent or insurance broker to see if any special precautions are required under your homeowners insurance policy.
Pool Inspection. Call your pool dealer or local board of health and ask for the name of a pool safety inspector.
Telephone. Always keep a telephone outside near the pool in case of emergency.
Glass. Never allow glass in or near the pool. Broken glass is dangerous in the area around the pool, but even more dangerous in the pool itself where it can be completely invisible. We know from the cases that we have handled that broken glass in a pool can lead to serious personal injuries.
Watch Children Swim. Always make sure someone is watching children swim. Assign at least one adult to the task of watching the children.
Read More
SJC: Personal Injury Case May Proceed Against City of Newton
The Massachusetts Supreme Judicial Court has rejected an appeal by the City of Newton which attempted to claim an exemption from liability for personal injuries suffered by a softball player on one of its fields. The City claimed it was exempt from liability under the Recreational Use Statute, but the court ruled the statute did not apply.
The plaintiff in the case was a paying member of a softball league in Newton. While at a game one day in July, 2007, he was sitting in a grassy area, waiting for his turn at bat and watching the game. He heard a cracking sound, and turned to see a tree falling on him. He could not escape the falling tree, and suffered injuries to his back, shoulder blades, and other parts of his body.
The name of the case discussed is Marcus v. City of Newton, 462 Mass. 148 (2012), and was decided on May 7, 2012.
Click here to read our case summary and for a link to the opinion.
Read More
Motorcycle Accidents Are Top Concern During Motorcycle Safety Awareness Month
May has arrived and as motorcycling season begins, the National Highway Traffic Safety Administration (NHTSA) is observing Motorcycle Safety Awareness Month.
The national initiative aims to encourage drivers and motorcyclists to “share the road” and highlights that motorcycles are vehicles with the same rights and privileges as any other motor vehicle on the road.
This is an important point because most motorcycle accidents involve passenger vehicles and trucks. Many motorcycle accidents result from a lack of understanding and awareness on the part of both or either party. Many times, drivers will say they fail to see motorcyclists until just before an accident.
In 2009, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash, according to the NHTSA. Motorcyclists were five times more likely to be injured based on miles traveled.
But motorcyclists can take a number of safety steps to protect themselves on the road. The Boston motorcycle accident lawyers at Breakstone, White & Gluck share a few motorcycle safety tips:
Wear a Helmet. Wearing a helmet is the best way to protect yourself from serious head injury. An unhelmeted motorcyclist is 40 percent more likely to suffer a fatal head injury in a motorcycle crash than one wearing a helmet, according to the NHTSA. Massachusetts is one of 19 states which require all motorcyclists to wear helmets. State law also requires all scooter and “low-power” riders to wear helmets.
Select a full-face helmet for the best protection. An open-faced helmet provides the next highest level of safety.
To select the right helmet, look for one which meets Department of Transportation (DOT) standards. All adult helmets are required to meet this standard and it will be clearly labeled on the helmet. The Snell Memorial Foundation is another well-respected testing organization to seek out, but helmet manufacturers are not required to meet its standards.
Take a Safety Class. Take an annual class on motorcycling safety to learn important techniques such as splitting lanes and how to handle road conditions such as uneven pavement and railroad tracks.
Wear Brightly Colored Clothing. Your goal is to make yourself as visible as possible to drivers during the day as well as night. Consider bright colors for your clothing and helmet.
Look in the Car’s Side View Mirrors. On the road, your best position is to be able to see the driver’s eyes in the side view mirror. If you cannot, you are in the vehicle’s blind spot, meaning the driver cannot see you in the mirror when he makes a driving decision.
Splitting Lanes. This is when a motorcycle moves in between two vehicles in separate lanes. Make sure you have the experience to make this move and make sure drivers around you are alert.
Avoid Riding in Inclement Weather. The risk for personal injuries increase in the rain and other bad weather conditions.
Related:
- Motorcycles, National Highway Traffic Safety Administration
- 7 Tips for Motorcycle Safety, Massachusetts Department of Transportation
- Motorcycle and Bicycle Helmet Use Laws, Insurance Institute for Highway Safety
- Motorcycle Safety Awareness Month Reminds Drivers, Riders to Share the Road, Consumer Reports
The Boston motorcycle accident lawyers at Breakstone, White & Gluck have over 80 years combined experience handling motor vehicle and motorcycle accident cases in Massachusetts. If you have been injured, it is important to learn your legal rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.
Massachusetts Social Host Law: Safety During Prom Season
As prom and graduation season begins, parents are asked to speak to their teenagers about the dangers of drinking and driving.
Anyone under 21 who drinks or possesses alcohol in Massachusetts can be charged criminally. Anyone who furnishes alcohol to a person under the age of 21 can also be prosecuted. Parents who allow underage drinking in their home may be held financially liable
But many people are unaware of their responsibilities under the Massachusetts social host responsibility law. Anyone who provide alcohol to teens and allow them to consume alcohol in their home may face serious consequences, including imprisonment and fines.
“Safety is the most important point in any conversation about drinking and driving,” said Boston attorney David W. White. “It is particularly important that parents have zero tolerance for underage drinking in their homes, and obviously they must not supply any alcohol to minors. Providing even a small amount of alcohol to an underage drinker may result in a large civil judgment if it contributes to an accident.”
White urged parents to intervene to ensure that prom celebrations do not include alcohol and to make sure that prom season does not result in needless injuries or loss of life.
Click here for questions and answers about the Massachusetts social host responsibility law.
Read More
Elevator Accident in New York City Leads to Firings, Suspensions
A new report on a New York City elevator accident highlights the importance of safety on elevators, escalators and other equipment that transports the public.
While many elevators and escalators are used daily by large numbers of people, they pose a risk for injury when they are not properly maintained. The responsibility falls on manufacturers to produce safe products and building owners, management companies and city and state inspection officials to ensure machinery is kept up to code.
Elevator and escalator injuries and deaths are more common than the public may know. Each year, elevator accidents result in about 10,200 injuries and 27 deaths in the U.S. Escalator accidents result in about 17,000 injuries and 30 deaths.
One tragic case recently occurred in Massachusetts. In March 2011, a 4-year-old boy was killed after an escalator accident in the Sears at the Auburn Mall, near Worcester. The child was standing on the store’s second floor when he grabbed the moving down rail of the escalator and was pulled through a gap between the Plexiglas divider and the escalator. He fell 18 feet onto a display case.
Investigators later learned that the gap between the Plexiglas and the elevator was 1-1/4 inch greater than code. After an investigation, two state escalator inspectors were fired, six were suspended and 26 others were reprimanded.
In December 2011, two women lost their lives in separate elevator accidents. On December 9 in California, a 48-year-old woman was killed on an elevator accident at Cal State Long Beach. She was killed when the elevator got stuck between the second and third floors and someone tried to help her escape. A 2000-pound car crashed down on her.
Just five days later in New York City, a 41-year-old advertising executive was killed in an elevator accident in a Midtown Manhattan office tower. The woman was killed after she stepped into an elevator which suddenly lurched upward with the doors still open. She was pinned to an elevator shaft between the first and second floor and pronounced dead at the scene. Two other people who were trapped in the elevator were rescued and treated for trauma.
The city released results of the investigation into the woman’s death this week, finding that a maintenance crew had been repairing the elevator and utilized a special jump wire to bypass the elevator’s safety system nine minutes before the woman’s death. They then accidentally left it in place.
The investigation also found two other violations. First, the elevator repair crew never posted a warning that work was being performed. Second, the crew never called the city’s Buildings Department before putting the elevator back in service.
The city has suspended the license of the company from performing maintenance, Transel, which services 2,500 elevators in New York City. The company has fired five mechanics.
Related:
- Transel Elevator Fires 5 After Report on Elevator Death, The Associated Press.
- Escalator fall leads to firings, suspensions, Worcester Telegram.
Recalled Coffee Makers Burn Nearly 40 People
More than 1.7 million coffee makers have been recalled after reports some machines have sprayed hot liquid, leaving 37 people with second-degree burns.
The Tassimo Single-Cup Brewers were recalled Feb. 9 by BSH Home Appliances Corp. of Irvine, California. Some 835,000 machines were recalled in the United States and 900,000 were recalled in Canada. The California manufacturer recalled the defective product voluntarily along with the Consumer Product Safety Commission (CPSC) and Health Canada.
The brewers are defective because they can burst and spray hot liquid and coffee grounds or tea leaves onto consumers. There were a total of 140 reports of the brewers spraying hot liquid. Among the 37 second-degree burns was a 10-year-old Minnesota girl who suffered serious facial and neck burns which required her to be hospitalized.
The defective coffee makers carried the brand names of Bosch and Tassimo Professional Brewers. The Bosch brewers were sold in several colors to consumers between the dates of June 2008 and February 2012 for between $100 and $250. The Tassimo Professional was sold on in black, directly to hotels and food service providers. The brewers were manufactured in Slovenia and China.
Consumers are advised to stop using the recalled coffee makers immediately and contact the firm to order a free replacement T Disc holder part to fix the mechanism. This is the part of the machine that holds the single serve coffee cup.
Consumers can visit www.tassimodirect.com/safetyrecall for the full list of recalled models and to request a replacement part. They can also call the firm toll-free at 866-918-8763.
Click here to read the recall notice from the CPSC.
Read More
Carbon Monoxide Poisoning a Risk in Winter
With the official start of winter just days away, it is a good time to get your home and automobile ready. While some types of home heating equipment require little preparation, it is best to review yours before the snowfall.
Winter home heating carries the risk for fires and carbon monoxide poisoning, which can result from a build-up of the invisible, poisoning gas. Each year, half of all home fires occur in the three months from December to February, when home heating equipment is most used. Some 1,500 Americans die each year from carbon monoxide poisoning, while more than 10,000 suffer carbon monoxide injuries, according to Children’s Hospital Boston.
Smoke and Carbon Monoxide Detectors
Make sure your smoke detectors and carbon monoxide alarms are working and properly placed. Massachusetts requires smoke alarms be installed on every habitable level of a residence as well as in basements. Carbon monoxide detectors are also required on every habitable level of the home. Additional units are recommended outside of bedrooms and sleeping areas.
Chimneys
Get your chimney professionally cleaned once a year. Report any cracks or water leaking. Fall is the best time for a cleaning. Creosote can build up in the chimney over time, lead to blockages and produce carbon monoxide. Creosote is created when firewood does not burn correctly, when wet or soft wood is placed in the fireplace and by closing the fireplace before the wood is fully burned.
Fireplaces
Open the fireplace damper before lighting and keep it open until the ashes are cool. Never close the damper before going to bed if the ashes are still warm. An open damper may prevent the build-up of poisoning gases. Light your fire with matches. Never use gasoline, charcoal lighter or another fuel because the vapors can explode. Make sure you have no flammable materials near open flames.
Furnace Vents
Your heating system will likely have a vent on your home’s exterior. The vent will have two pipes, one of which lets air in and one of which sends air back out. Make sure both of these pipes are kept clear of snow to avoid carbon monoxide from building up in your home.
Cars
Check your snow tires and decide whether you need new ones. Check your tires’ air pressure using a gauge, which you can purchase at an auto parts store. Put an emergency kit inside your car and make sure it includes a neon-glow vest, snacks, a flash light and other essential supplies. Click for a full list of emergency safety supplies.
If you have a garage, make sure you do not warm up your car inside it with a closed door. Pull your car out and heat it in the driveway to prevent carbon monoxide poisoning.
For more information about winter safety, visit these sites:
Home Safety Tips for a Safe and Healthy Winter, Home Safety Council.