Personal Injury
Grill Safely This Independence Day
As families across the country celebrate Independence Day this weekend, many will enjoy tasty barbeques.
Family gatherings should be fun, but grilling can be dangerous without proper safety precautions. Each year, an estimated 3,800 people in the U.S. are treated in emergency rooms for burns, carbon monoxide poisoning and other injuries related to grilling, according to the Consumer Product Safety Commission (CPSC).
Grill safely with our tips for your holiday cookout:
- At the start of each season, inspect a gas grill’s hoses for signs of cracking, holes and evidence of animal bites or insects. Replace damaged parts.
- Make sure the grill is clean before using. Regularly clean it throughout the season as described in the owner’s manual.
- Always use grills outside.
- Never leave a grill unattended.
- Keep children away from the grill area. The outside surface of a grill can burn a children’s hands.
- If a grease fire occurs, turn off the gas grill and use baking soda or a fire extinguisher to put out the blaze.
- Never store or use flammable liquids such as gasoline near a grill.
- Check the CPSC website to make sure you are not using a recalled grill.
Charcoal Grill Safety
- There are several ways to start a charcoal grill, including starter fluid, charcoal chimney starters and electric charcoal starters. Choose one method and become knowledgeable about it before starting your grill.
- If you use a starter fluid, use only charcoal starter fluid. Never add charcoal fluid or any other flammable liquids to the fire.
- Store charcoal starter fluid out of reach of children and away from heat sources.
- When you are finished grilling, let the charcoals completely cool before disposing them in a metal container.
Propane Tank Grilling Safety
- Transport your propane tank to the refill station or hardware store in a standing position. Use a box or order a special carrying case. Do not let passengers hold the tank. Do not do other errands when you are getting your propane tank filled.
- Never take a propane gas tank inside the refill facility or your home because of the risk for a gas explosion.
- Be sure the propane tank valve is closed when you disconnect it from the grill. Newer propane tanks have a safety device that will prevent gas flow from the tank when it is disconnected. But it is still a good idea to make sure the valve is closed.
- When you connect your propane tank to your grill, if you see fog or smell gas, it is a sign of a leak. This means there is a risk for a gas explosion. Stop what you are doing, move your family away from the property and contact your local fire department.
- Another way to test for a propane tank leak before each season is to open the gas supply valve fully. Apply a soapy solution with a brush at the connection point. If bubbles appear, there is a leak. Try tightening the tank’s connection to see if the leak stops or contact a qualified gas professional.
Attention on Amusement Park Injuries
The winds that lifted three inflatable bounce houses and injured 13 people in New York this weekend have put the focus on amusement ride safety as summer begins.
A gust of wind picked up the inflatable bounce houses with children playing inside in Oceanside on Long Island. Parents and bystanders ran after the inflatable houses, trying to pin them to the ground but were knocked over. Eventually the houses came to the ground on their own.
Adults and children were transported to the hospital, but no one was seriously injured.
The incident follows two similar situations in Arizona. In February, an inflatable bounce house blew over a fence and onto a roof with two girls inside. One girl was seriously injured while the other suffered minor injuries. In April, four children were injured when the inflatable jumping castle they were playing in lifted up in a dust devil. The inflatable castle blew across a busy Tucson highway and landed in the median.
In March 2010, a five-year-old boy died after falling from an inflatable ride at a Wichita, Kansas entertainment complex.
The Consumer Product Safety Commission reports that between 2003 and 2007, 31,069 people went to the emergency room after being injured on inflatable amusement rides, including bounce houses and slides. Of these, 85 percent of those injured were under the age of 15. Injuries often occur when inflatables get unhinged or there are users of different sizes.
Amusement rides and backyard toys are a staple of summer, but have come under scrutiny for their safety risks in recent years. In 2004, a 38-year-old man was killed on an amusement park ride at a Shrewsbury, Massachusetts church fair. Two other people suffered personal injuries.
The Massachusetts Department of Public Safety investigated the amusement ride death and found that the man’s lap restraint was defective. The state found other riders had complained about the restraint in the days prior to the death.
The state faulted the ride’s operator, Jaro Amusements, for not keeping proper maintenance records. The employee who supervised the ride was charged with manslaughter and received 2 1/2 years probation. The victim’s family filed a wrongful death lawsuit against Jaro Amusements, the supervisor and other parties.
What to Know About Amusement Park Safety
- All amusement park rides must be inspected annually.
- Do not visit amusement parks or use inflatable rides in windy or rainy weather.
- When waiting in line for a ride, check the equipment. Are riders wearing seat belts and other safety equipment? Listen to people exiting the ride to hear if they complain about the equipment. If you have a bad feeling, step out of line.
- Amusement riders have a responsibility to exercise good judgment. This means obeying verbal instructions and warnings from ride operators, not riding under the influence of alcohol and drugs and not disabling safety devices.
- If you are injured on an amusement ride, the operator must report it to the state Department of Public Health. This includes injuries caused by small rented inflatable rides used at backyard birthday parties and other events.
What to Know About Rented Inflatable Amusement Rides
- If you are renting an inflatable device or other amusement ride, ask the owner when it was last inspected.
- Carefully inspect the rented piece of equipment for excessively worn and damaged materials. Do not accept it in poor condition.
- Listen carefully to the set-up instructions provided by the company renting the device.
- Limit the number of users at one time to avoid injuries.
What to Know About Backyard Trampoline Safety
Backyard trampolines may look fun, but they come with dangers. In 2008, trampoline injuries sent an estimated 100,000 victims to emergency rooms with serious injuries such as spinal cord injuries, broken bones and head injuries. In some cases, victims have been permanently paralyzed.
- Never let children jump on the trampoline without adult supervision.
- Children under the age of 6 should never use a trampoline. The journal Pediatrics calls children this age “top-heavy” and said when they fall on trampolines, they often suffer head injuries.
- Only one person should jump at a time.
- Do not allow flips or somersaults. The Consumer Product Safety Commission reports this is one of the leading causes of trampoline injuries.
- Install safety netting around the trampoline, but advise users the netting does not mean they can do flips or other unsafe maneuvers. Carefully explain they cannot bounce off it in any way.
- Cover the trampoline’s steel rim and springs with a safety pad so users do not fall through the openings. Do not allow people to sit on the safety pad.
- Users should step onto the trampoline and step off. They should never jump off. This could lead to trampoline accidents.
- Follow the manufacturer’s recommendations for when to replace parts. Different parts have different lifespans and failure to replace could result in serious personal injury.
One Million Defective Baby Strollers Recalled
The Consumer Product Safety Commission (CPSC) has reannounced the recall of an unsafe baby stroller that is connected to 149 reported incidents, involving fingertip amputations, lacerations and other personal injuries.
The CPSC reannounced the product recall of Maclaren strollers sold from 1999 to November 2009. The recall was reannounced in cooperation with the distributor, Maclaren USA, Inc., of South Norwalk, Conn.
Approximately one million defective baby strollers were sold nationwide through various retailers, including Babies R Us and Target. The strollers are defective because they have a hinge mechanism that can amputate a child’s fingers or cause a laceration when the consumer opens and unfolds the stroller.
The CPSC advises parents to stop using the defective baby stroller immediately and contact the company for a free repair kit, which includes a fabric cover for the hinge mechanism.
When the product was first recalled in 2009, the CPSC had received reports of 15 incidents, including 12 finger amputations. The CPSC made the reannouncement after the number climbed to 149, including 37 injuries that occurred after the 2009 recall. To date, the Maclaren stroller recall involves 17 overall reports of fingertip amputations as well as other serious personal injuries.
Parents can determine whether they have a defective children’s product by checking to see if the word “Maclaren” is printed on the stroller. If so, they should contact the company.
The affected models are Volo, Triump, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveler. The recalled strollers are single and double umbrella models.
Models sold after May 2010 have a different hinge design and are not included in the product recall.
Contact our dedicated Boston attorneys today
The Boston Massachusetts product liability lawyers at Breakstone, White & Gluck have over 80 years combined experience handling cases involving serious personal injury. We are experienced in handling injuries resulting from product recalls, defective motor vehicles and unsafe children’s toys and products.
If you have a case, contact us today at 617-723-7676 or use our contact form.
Parents Urged to Stop Using Infant Child Chairs
The U.S. Consumer Product Safety Commission (CPSC) is urging parents to stop using a clip-on table top chair for children that poses a threat of detaching and causing serious injuries.
The CPSC reports it is aware of numerous incidents involving the “metoo” chairs imported by phil&teds USA Inc. of Fort Collins, Colorado. Children have suffered impact and head injuries when the chair detaches from the table and causes them to fall with it. Tens of thousands of chairs may have been distributed since May 2006 through Amazon, Buy Buy Baby, Target, Toys R Us and other merchants.
The company has refused to agree to a national product recall that is acceptable to the CPSC. The company has offered a repair kit for the defective products, but it is not approved by the CPSC.
The defective children’s products consist of a nylon fabric seat and a metal frame that clamps to tables using two metal vise clamps. The upper part of each clamp rests on the table top and has either a rubber clamp pad on its underside or a rubber boot covering it.
The CPSC reports the chair’s clamps can detach from a variety of table surfaces and when children move around or push their feet against other objects.
Another CPSC concern is the lack of plastic spacers between the horizontal metal bar and the clamps. If one side of the chair detaches, there is a risk for pinching and cutting children’s fingers or causing possible amputation if fingers are caught between the defective chair and a table.
The CPSC states that the defective products have no product warning about the lack of plastic spacers. Some chair models have the spacers and are under evaluation by the CPSC.
Finally, the CPSC is concerned about misleading product packaging and instructions. The agency said the packaging actually shows the chair being used in a way that may lead to detachment from a table, but there is no instruction warning against this use.
Read More
Motorcycle Safety Awareness Month Time to Consider Helmets and Safety Gear
Motorcycling is a fun way to pass a sunny afternoon, but one that requires taking some safety precautions. Motorcyclist deaths have been rising in recent years – more than doubling in 2008 from the record low in 1977. The federal government estimates that per mile traveled, the number of deaths on motorcycles in 2007 was 37 times the number of people in cars.
These figures mean it is important to dress to protect yourself in case of motorcycle accidents.
Helmets: Helmets are especially important. They are 37 percent effective in preventing motorcycle deaths and 67 percent effective in preventing brain injuries, according to National Highway Traffic Safety Administration (NHTSA) figures.
Twenty states and Washington D.C. require all riders to wear motorcycle helmets, including Massachusetts and Vermont. New Hampshire has no motorcycle helmet law. Rhode Island, Maine and Connecticut have laws that require younger operators to wear helmets.
If you are looking for a helmet, look for one that meets Department of Transportation (DOT) standards. All adult-sized helmets have been required to meet these standards since 1980. Helmets may be additionally approved by the Snell Memorial Foundation, but this testing standard is voluntary for helmet manufacturers.
There are several types of helmets available on the market, but full-face helmets provide the most protection in case of motorcycle accidents. Other types of helmets include open-face helmets and “shorty” half-helmets. If you choose an open-face helmet, make sure to buy a pair of safety eyeglasses. Shorty half-helmets are generally not recommended because they leave a large area of your face and head exposed in motorcycle accidents.
Lastly, it’s important to make sure you choose the right size helmet. If a motorcycle dealer isn’t ordering your helmet for you, measure the largest part of your head with a tape measure and call the manufacturer. Most helmets are sold in small, medium, large or extra large, so tell the customer service representative your measurement and ask them what size helmet you need.
Clothing: When it comes to jackets and pants, choose the most sturdy materials for the most protection. Leather is considered the best, but denim and corduroy also work. If you worry about overheating, choose pants and vests with zippered vents. And remember, always wear gloves to protect your hands in case of a motorcycle accident or fall on the roadway.
Reflective Clothing: The more visible you are to other drivers, the better your chances are for avoiding a motorcycle accident. Wear brightly colored jackets and pants or reflective material that can be seen at all hours day or night.
Eye Protection: Many motorcyclists choose helmets with an approved shield covering their eyes. Others use separate safety goggles or shatterproof glasses. Make sure your eye protection is clean and unscratched each time before you start riding. If you use a tinted lens for the bright sun, be prepared. Take a clear lens as well in case your ride goes into the night.
Click here for more on state motorcycle helmet laws.
Click here for more information about motorcycle helmets and other safety gear from the Motorcycle Safety Foundation.
Read More
Salmonella in Alfalfa Sprouts Prompts Recall in Massachusetts
UPDATE
Jonathan’s Sprouts of Rochester, MA, has widened the recall of its sprout products due to Salmonella contamination. The recall now includes all sell-by dates, including its conventional, organic, and bulk products. The recall includes other sprouts, such as radish, dill, and gourmet mix. Check below for stores where these products were sold. Do not eat them! Return them to the store for a refund.
More information: FDA Recall Press Release.
ORIGINAL POST
The USDA has found Salmonella, a dangerous bacteria related to food poisoning, in Jonathan’s Alfalfa Sprouts products.
Salmonella, if ingested, can cause serious and sometimes fatal illness and infections in young children, frail or elderly people, and others with weakened immune systems. The symptoms of Salmonella include fever, diarrhea (possibly bloody), nausea, vomiting, and abdominal pain.
Jonathans Sprouts has issued an immediate recall of the following effected products:
- Jonathan’s 4oz Alfalfa Sprouts
- Jonathan’s 4oz Alfalfa with Radish Sprouts
- Jonathan’s 4oz Gourmet Sprouts
- Jonathan’s 4oz Alfalfa with Dill Sprouts
- Jonathan’s 8oz Alfalfa Sprouts
Massachusetts Escalator Accident Follows Years of State’s Failure to Inspect
A recent public records request made by the Boston Globe shows the state has failed to regularly inspect approximately 75 percent of the escalators in Massachusetts malls.
From 2008 to 2010, only 44 of the state’s 188 mall escalators received annual inspections as required by law. Inspectors missed one or two inspections during those three years on 144 escalators.
When mall escalators were inspected, they needed repairs in more than half the cases. Mall escalators were shut down 22 times.
The newspaper made the public records request following the wrongful death of 4-year-old Mark DiBona last month in an escalator accident in a Sears department store at the Auburn Mall near Worcester. The child fell through a 6-inch-wide gap between the handrail and the glass barrier.
The state Department of Public Safety suspended the two inspectors who approved the defective escalator for use.
The state’s failure to inspect its escalators dates back at least 15 years. In 1995, the Globe reported that nearly 40 percent of the state’s escalators and elevators had expired inspections.
The state currently has 34,000 elevators and 900 escalators for 51 inspectors to examine. Two dozen of those positions were created in 2010, the same year an audit found that nearly a third of the state’s elevators and escalators had expired inspections. Fifty one inspectors is the most the state has had in years, though some specialists say they still carry a heavy workload.
Beyond staffing, some specialists in the field say that inspectors spend more time on elevators and are less experienced with escalators, which may contribute to escalator accidents in Massachusetts.
Boston personal injury lawyer David White on the findings: “It is encouraging that the state is now catching up on the backlog of inspections. What is discouraging, however, is how many violations they are finding. This is a strong indication that property owners and their own service companies may be putting the public at severe risk.”
To read the Boston Globe article reporting this data, click here.
Read More
Warning to Massachusetts Residents: Tea Light Candles Recalled Due to Holder Burn/Melt Risk
Over 7 million candles have been recalled due to concerns that the cup holding the candles could melt or catch fire.
The Consumer Product Safety Commission has stated that the defective products, tea light type candles, were sold under the brand names Chesapeake Bay Candle and Modern Light.
The affected candles were sold in Massachusetts and nationwide at retailers such as Home Goods, Target, and Wegmans between July 2009 and February 2011.
The clear plastic cup holding the candles is at risk for melting or igniting during use. There has been one consumer report of the candle’s plastic cup melting during use.
Play It Safe and Avoid Injury This Baseball Season
Major League Baseball has opened its season and baseball players of all ages are stepping up to the plate across Massachusetts. Breakstone, White & Gluck wants you and your family to play it safe and enjoy the game.
Here, our Massachusetts personal injury lawyers offer safety tips on equipment, pitching and recovering from injuries:
Equipment and Field Safety
- Batting helmets must be worn whenever a player is waiting to bat, is at bat or is running the bases.
- Players should be instructed to have their attention focused on the batter, even when they are not actively involved in the game.
- Younger players should use balls that are partly rubberized to minimize the risk of injury.
Excessive Pitching
- Make sure pitchers follow league requirements for the number of innings they throw.
- You should also check the pitch count limits recommended by Youth USA Little League and the American Sports Medicine Institute.
How Coaches Can Identify Concussions
- The player appears dazed.
- The player is confused about their playing assignment.
- The player is unsure of the score or who the opponent is.
- The player moves clumsily or has poor balance.
Salmonella Outbreak in Rhode Island Now Linked to Death
A salmonella outbreak in Rhode Island now includes at least twenty-one people with severe illness, and one death, according to reports from public health officials in that state. Health officials are investigating another eighteen illnesses to see if they are tied to the salmonella outbreak.
Officials are focused on zeppole and other pastries which were made by Defusco’s bakery in Johnston, Rhode Island. According to news reports, investigators found pastry shells stored in boxes contaminated with raw eggs, and also found that custard used as filling was not being properly chilled.
Investigators have identified the particular strain of salmonella, known as Salmonella heidelberg, as the suspected organism responsible for the illnesses. They are now trying to determine whether the death of the elderly Rhode Island resident was caused by that particular strain.
The investigation into the food poisoning outbreak began on March 25, 2011, after nearly a dozen elderly residents of a Warwick nursing home became sick after eating pastries from Defusco’s bakery. Since March 12, two dozen victims have required hospitalization for severe illness.
Salmonellosis, the disease caused by salmonella infection or salmonella toxins, leads to diarrhea, fever, vomiting and abdominal cramps. Most people recover without treatment, but in the elderly, in infants, or people with compromised immune systems, the disease can be very severe, requiring hospital admission for rehydration and antibiotic treatment to prevent the spread of infection. Severe infections can lead to reactive arthritis and death.
Prevention of salmonella illnesses is straightforward. Food which may contain the bacteria, such as chicken or pork, must be prepared properly to kill the organism and destroy any salmonella toxin. Eggs and milk, and their products, must be properly prepared, handled, and refrigerated. Infections can also occur from contact with reptiles, pet rodents, and tainted fruits and vegetables. Proper hygiene–washing hands before and after handling food–is also a common sense method of reducing the likelihood of food poisoning.
Each year over 140,000 people suffer from salmonella poisoning in the U.S. and dozens die from the illness.