Personal Injury
Protect Your Children from Lithium Button Batteries
Beware of Lithium button batteries this holiday season. These are a serious danger to young children, who can swallow them and suffer serious internal injuries.
New parents quickly learn the secret to surviving the holiday season: stock up on batteries. While all batteries should be handled with care, we want to share a few safety tips for handling lithium button batteries.
Small, just the size of a button, these batteries are easy to overlook when you child-proof your home. But button batteries are a giant danger. A child can find one and put in their mouth. Without proper medical care, within hours, a child can suffer severe burns to their esophagus.
In 2010, researchers at Children’s Hospital of Philadelphia tracked more than 3,400 cases of children who swallowed button batteries. The hospital reports 15 children have died and another 80 children have suffered permanent injuries after ingesting button batteries.
Our tips to protect your children:
- Read product labels before you purchase. You may not realize some toys or products have lithium batteries because you do not have to install them. Likewise, products you may guess have lithium batteries may not. It is essential to read and ask questions.
- Know where lithium button batteries are in your home. You can find them in certain toys and baby monitors, as well as remote controls, garage door openers, car keys and bathroom scales. You may also wear a watch powered by a lithium battery.
- Remove products containing lithium batteries from your home. If you really need these products, at least secure them out of your child’s reach.
- Be suspicious of holiday gifts and trinkets. Holiday cards, electric candles and interactive gifts, such as musical stuffed animals, may have lithium batteries. Stop these products before they come into your home. As for holiday cards, enjoy them and discard them the same day. If you keep them, remove the battery.
- Research your holiday gifts. Go online and search for product recalls involving any toy you wish to purchase. You can visit the CPSC website. Search for both the product you are interested in buying and batteries.
- Warn your family and friends. With Thanksgiving just a few weeks away, now is an ideal time to share safety information with your loved ones. Urge family members, friends, grandparents and caregivers to carefully select holiday gifts, make use of toy recall alerts and move products with button batteries out of your child’s reach.
What to do if a child swallows a lithium button battery
If your child ever swallows a button battery, go to the hospital immediately. The sooner a child receives medical attention, the better. A child can suffer a serious internal injury within hours of swallowing a button battery so every second counts.
We hope your child is never injured. But it is critical to understand the symptoms when children swallow button batteries. Parents may not see a child swallow a button battery or may not even know a button battery was in their child’s reach.
These are common symptoms
- Decreased eating or drinking
- Difficulty swallowing
- Vomiting
- Vomiting blood
- Chest pain or discomfort
- Abdominal pain, blood in saliva or stool
- Drooling
- Crying
If you suspect your child swallowed a button battery, the Children’s Hospital of Philadelphia advises parents to seek immediate medical treatment and to refrain from giving the child medications, food or anything to drink. Never attempt the Heimlich maneuver either. This can worsen the injury.
About Breakstone, White & Gluck and Our Commitment to Safety
This holiday season, Breakstone, White & Gluck is committed to sharing tips on toy safety. Every toy, every product you buy should be safe to use, but this is not always the case. Because of this, our Boston product liability lawyers want to share tips from our experience to help parents and grandparents make safe buying decisions.
Breakstone, White & Gluck is a top-rated Boston personal injury law firm, with lawyers who have been consistently recognized for excellence over the past 26 years, including by Top 100 New England Super Lawyers, Best Lawyers in America and Martindale-Hubbell. Our attorneys have also been recognized for starting our Project KidSafe campaign and working to help prevent injuries and deaths by providing safety education to families. To date, we have donated over 25,000 bicycle helmets to children, with a goal of preventing head injuries.
Learn more about Breakstone, White & Gluck: www.bwglaw.com. If you have been injured, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.
Additional Resources for Parents
We encourage parents to watch these videos.
After Common Ground Building Collapses in Allston, Safety Reminders for Landlords and Property Owners
There were frightening pictures out of Allston on Sunday, November 4, 2018, as the Boston Fire Department responded to a report of a commercial building collapse. Firefighters found very dangerous conditions: the façade at 85 Harvard Avenue, a one-story commercial building, had fallen onto the sidewalk. The building houses Common Ground Bar and Grill, which sustained serious damage, and also other businesses.
Two people were injured, including a woman who was hit by concrete and suffered critical personal injuries outside the building. The Boston Globe reported she was with friends and they, along with others, fought to free her from the concrete. When the Boston Fire Department arrived, she was rescued and transported for medical treatment. Others inside the building were safely evacuated with assistance.
As the investigation begins, the collapse must serve as a reminder to landlords and building owners. Injuries from property defects – such as fires, slippery floors or snow and ice accumulations – are devastating for victims and families and are much more common than many people realize. But structural failures, especially in aging buildings, present extreme hazards as well.
Boston City Regulations for Building Owners and Landlords
Building owners and landlords have a responsibility to regularly inspect and maintain residential and commercial buildings. In older buildings with brick or stone facades, routing engineering analysis should be performed periodically.
In Boston, city regulations require inspection reports, but only for buildings over 70 feet tall. The regulation mandates that every exterior wall shall be inspected at least once every five years, and in the case of an unoccupied structure, inspection must be done at least once every year. Inspection reports must be completed by an architect or engineer, and filed with the city.
Inspections should not be limited to facades. Many buildings have aging iron work on balconies and exterior stairs and these can buckle under, leading to serious injuries.
"It was almost like an earthquake": Two people were injured, one critically, after the Allston building that houses the Common Ground restaurant and bar partially collapsed on Sunday afternoon. https://t.co/gh7VJMz0FP pic.twitter.com/qg3nQaEvFz
— The Boston Globe (@BostonGlobe) November 5, 2018
About Breakstone, White & Gluck – Representing Those Injured by Unsafe Property Conditions
At Breakstone, White & Gluck, our personal injury lawyers have over 100 years combined experience representing those who have been injured by the negligence and wrongdoing of others. Our attorneys have extensive experience investigating fires, porch collapses and unsafe buildings in the Boston area, then bringing claims on behalf of those injured.
If you have been injured because of unsafe property conditions, we urge you to learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Dooring Crashes Continue to Endanger Cyclists in Boston, Cambridge and Other Cities
A recent New York Times article on dooring injuries shows the risks to cyclists continue, even after advocacy efforts in Boston and other cities.
At Breakstone, White & Gluck, our attorneys represent cyclists who have been seriously injured in dooring accidents. While many dooring accidents happen in urban areas such as Boston, Cambridge and Somerville, dooring can happen in any community in Massachusetts. When drivers or passengers open doors without checking, cyclists can suffer devastating injuries, including broken bones, facial fractures and head injuries. Dooring crashes can be fatal.
Dooring crashes do not always make the news in Boston. But they are happening, more than any other type of bicycle accident. In fact, in November 2016, The Boston Globe reported cyclists faced a 225 percent higher risk for dooring than any other bicycle accident injury.
The Dutch Reach Moving Across the U.S.
The New York Times published, “The Dutch Reach: a No-Tech Way to Save Bicyclists’ Lives,” earlier this month. The Dutch Reach takes its name from the Netherlands, where there is a strong culture of safety for cyclists and drivers are taught to closely watch for bikes.
The New York Times interviewed Michael Charney, the Cambridge doctor who campaigned for greater use of the “Dutch Reach” method following the 2016 death of a cyclist in Inman Square. The 27-year-old woman was killed in a dooring crash. Charney’s campaign led the state of Massachusetts to add the “Dutch Reach” method to the state’s driver’s manual in 2017.
According to the article, Massachusetts and Illinois are now the only two states which have added “Dutch Reach” to the drivers’ manuals. Read the page from the Massachusetts driver’s manual.
Drivers can commit to drive safer and reduce the number of dooring crashes, according to those interviewed. Watch a video to learn the Dutch Reach method. Keep a colored ribbon or other reminder in your vehicle to help you check.
The Dutch have a great deal of education for drivers. Students actually start learning about road safety at age 10, then move to bikes before getting in a motor vehicle. Drivers typically spend about $2,700 for driver’s instruction, sitting for nearly 40 hours of instruction.
While you may not sign up for driver’s ed again. But remember that there is education online to help you. Groups such as AAA, AARP or the National Safety Council offer materials to help you avoid collisions. The League of American Bicyclists also offers materials and Bicycle Friendly Driver Training.
Here at Breakstone, White & Gluck, we also want to remind you to put down your cell phone and other distractions. With cyclists and other pedestrians around, it is not safe to reach for your cell phone as soon as you turn off the engine and just step outside without looking. Wait until you step onto the sidewalk and are out of the path of cyclists.
Injured? Free Legal Consultation for Cyclists: 800-379-1244
Breakstone, White & Gluck and our Boston personal injury lawyers specialize in bicycle accident cases. If you have been injured in a dooring accident, our experienced lawyers can represent your best interests, helping you obtain the medical treatment you need and investigating what happened to help ensure the driver is properly cited. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Donates Bike Helmets to the City of Boston and Boston Bikes for 6th Year
As part of our Project KidSafe campaign, Breakstone, White & Gluck has worked to promote safe cycling across the state of Massachusetts. We have been especially active in the city of Boston, donating our Project KidSafe bicycle helmets to a number of organizations. One of these organizations is Boston Bikes, which is part of the City of Boston’s Transportation Department. Over the past six years, our attorneys have given roughly 1,200 helmets to Boston Bikes’ programs, including women’s cycling classes, Roll It Forward and youth cycling in city schools. Roll It Forward is a retired program, but it used to fix up used bikes for city residents who needed one. Meanwhile, the youth cycling programs teach safety as soon as children start riding.
Thanks to Boston Bikes for sending these photos from the youth cycling programs. Looks like another great year!
About Breakstone, White & Gluck and Our Project KidSafe Campaign
Breakstone, White & Gluck is a Boston personal injury law firm. Our attorneys launched our Project KidSafe campaign in 2013 and have since donated over 20,000 bicycle helmets across Massachusetts. We launched our Project KidSafe campaign because we represent cyclists who have been catastrophically injured. We know that helmets can reduce the risk of suffering severe head injuries and traumatic brain injuries if a cyclist crashes or falls. By encouraging children to wear helmets early, we hope to prevent these injuries.
Read more about our Boston personal injury lawyers on our website.
Do Your Child’s Swim Lessons Actually Reduce the Risk of Drowning?
A media report explores whether swim lessons actually reduce the risk of injury. The American Academy of Pediatrics (AAP) says children should not start lessons until age 1. Previously, the AAP’s recommendation was not before age 4.
Swimming lessons have certainly changed over the years. Parents are signing children up earlier, as young as 6 months old, to get them used to the water. A recent WBUR report explored whether this is all for fun or if children in today’s swim lessons are actually learning enough to reduce their risk of drowning.
As a parent, ask your child’s swim instructor about their goals. Experts interviewed by WBUR said the goal should be water survival and broader pool safety skills.
“Aquatic safety is about multiple layers of redundancy, swim lessons just being one of those layers,” said a director from the YMCA in Greater Boston.
According to the report, another essential layer is strong supervision from parents, guardians and lifeguards. As personal injury lawyers in Boston, we want to add that a third layer is property owners. They must remain aware of their responsibility to properly maintain and secure pools, from pool fences to drains to diving boards.
A few insights from the report:
- Drowning is the leading cause of unintentional injury death among children in Massachusetts.
- There are very few studies which quantify the effectiveness of swim lessons.
- But one 2009 study has found children under 4 who take swim lessons have a significant advantage. The study, from the National Institute of Child Health and Human Development, found children who participated in swim lessons had an 88 percent reduced risk of drowning. The study examined 300 cases of unintentional drownings among children age 1 to 19 years old. Researchers only evaluated whether children participated in classes; they did not evaluate what skills children actually learned, so this is a future step.
- The American Academy for Pediatrics (AAP) had advised against swimming lessons for children under 4. After this study, the academy changed its recommendation in 2010, saying children ages 1 to 4 can develop water competence through swimming lessons. As for children under age 1, the AAP noted that “water-survival skills programs for infants may make compelling videos for the Internet, but no scientific study has yet demonstrated these classes are effective.”
In June, Olympian Bode Miller announced his family had lost his 19-month-old daughter in a swimming pool drowning in California. This tragedy has raised awareness about the risk of drownings, and the deep pain and devastation to families.
Drownings claim too many lives each year. Here in Massachusetts, a 2-year-old tragically drowned in his family’s swimming pool in Lynn earlier this month.
Nationwide, 463 children age 4 or younger drowned in 2016, according to the Centers for Disease Control and Prevention. This was an increase over both 2015 and 2016. This week, U.S. Sen. Chuck Schumer (D-NY) spoke about the rise in swimming pool drownings among young children and called for the federal government to investigate further.
What Parents Can Take From This Report
Asking Permission. Swim instructors should teach children to ask for permission before they get into the pool. They should always ask for permission, from parents, lifeguards or swimming instructors. Reinforce this lesson.
Proper Supervision. Parents should commit to watching children closely in the pool, even if the child is participating in a swim lesson. Carry your cell phone but set it aside. It is a scary thought, but in the time you take to send a text, your child could drown, even if they are a strong swimmer for their age. A child can drown quickly and silently under water.
When visiting family members and friends, consider leaving young children at home (with a trusted adult) or skipping the visit altogether.
Online Research. Research the swimming pool before you sign your child up for lessons. Look at the website to see the credentials of the pool owner and staff. Read online reviews. Also ask your friends and neighbors for feedback on the staff and what children are learning.
Another resource is the local town or city hall. Ask the health department about inspections and complaints which have been investigated. You will learn how well the pool is maintained and if the swimming pool owner responds promptly.
In-Person Research. Swimming classes can be busy, with a new round of children and parents starting classes every half hour. Still, take time to ask the swim instructor about their background and as we said, to explain their goals for the class.
About Breakstone, White & Gluck
The Boston personal injury lawyers of Breakstone, White & Gluck represent children and families who have suffered pool drownings in Massachusetts. If you are parent, we urge you to carefully plan and supervise your child at the pool. If you are a pool owner, you have a responsibility to properly secure your pool with a fence and make sure your children and others are protected from potential injury.
Breakstone, White & Gluck represents individuals in all types of personal injury cases in Massachusetts, including car accidents, bicycle accidents, pedestrian injuries, medical malpractice and premises liability cases. If you have been injured, contact Breakstone, White & Gluck for a free legal consultation at 800-379-1244 or 617-723-7676. You can also send us a message using our contact form.
Food Poisoning Closes Another Massachusetts Restaurant
A food poisoning outbreak has closed a Massachusetts restaurant in the middle of the summer season, raising concerns for diners.
A North Reading restaurant has been closed indefinitely after 39 diners filed complaints related to a salmonella outbreak. The source may be the antipasto salad, but the local board of health is still investigating.
The North Reading Board of Health shutdown Kitty’s Restaurant on Main Street on July 3. The board investigated the food poisoning, which may have initially occurred on June 23. After a thorough cleaning, the restaurant was allowed to re-open – though not for long. The restaurant has been closed again following a new report, this time from a June 25th visit.
According to a Boston 25 News report, the board’s investigation is focused on antipasto salad served at the restaurant. Nine complaints have been linked to salmonella poisoning on June 23. The other 30 cases from June 23 have not been confirmed yet. After the latest complaint from June 25th, the board has recommended testing for 46 workers and another full cleaning.
What is Salmonella Food Poisoning?
Salmonella poisoning is one of the most common types of food poisoning in the United States, according to FoodSafety.gov. The onset of symptoms can come within 12 hours or may take up to three days. Possible symptoms include nausea, stomach cramping, fever, abdominal cramping and vomiting. Fever and chills are also common. Expect symptoms to last 4-7 days.
Salmonella is not usually fatal in adults, according to the Mayo Clinic. With weakened immune systems, the elderly, young children and pregnant women are at risk for complications. Individuals who suffer from AIDS, malaria and other illnesses are also at a heightened risk, as are people taking anti-rejection drugs after organ transplants.
Causes of Salmonella Poisoning
There are many sources for salmonella poisoning. One is when eggs, meat and poultry are not properly cooked, then consumed. This can happen during processing and distribution before the food reaches consumers and businesses such as restaurants.
Failure to wash one’s hands can also lead to poisoning. If a restaurant worker doesn’t wash their hands, then handles food, they can pass along Salmonella contamination.
It can also be passed along by touch from pets and animals. Always wash your hands after contact with any animal, but most of all with birds and reptiles. You can be exposed in certain countries overseas. Do your research before international travel.
How to Report a Food Poisoning Case in Massachusetts
When suffering food poisoning symptoms after eating at a restaurant, always contact your community’s local board of health. The board will notify the Massachusetts Department of Public Health. Do the same if you consumed food at a local business.
These venues likely served other people on the same day you visited. The contamination may not be an isolated incident and needs to be investigated to protect others.
Can I File a Lawsuit in Massachusetts if I Suffer Food Poisoning?
Every food poisoning case is unique and should be explored with an experienced Boston food poisoning lawyer who can advise you of your legal rights. Not everyone exposed to food poisoning suffers illness, but others are left with long-term complications. Contacting a lawyer is an important step to preserve your legal rights.
Free Legal Consultation in Massachusetts Food Poisoning Cases
With over 100 years combined experience, the Boston personal injury lawyers at Breakstone, White & Gluck specialize in handling food poisoning cases. These cases are complex and must be investigated promptly.
For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Preventing Injuries: Check Your Seat Belts and Child Passenger Safety Seats
There is nothing more important than protecting your family and other passengers in the car. Many of us drive less often in the winter in Massachusetts. But in a few weeks, families will be back in the car more for afterschool sports, activities and weekend trips.
Take a few minutes now to inspect your vehicle’s seat belts and child passenger safety seats. Make sure this equipment is working and properly adjusted to fit each child. Replace car seats if your children have outgrown them. Then talk to your family about the importance of always wearing a seat belt.
Dangers on the Road for Children
- Roughly 3 children in the U.S. die each day as a result of motor vehicle accidents, according to the National Highway Traffic Safety Administration (NHTSA).
- Car accidents increased 5.6 percent nationwide from 2015 and 2016. Child deaths in motor vehicle accidents increased 8 percent.
- Children were occupants in 74 percent of fatal car accidents in 2016. They were pedestrians in 20 percent of cases and were on bikes in about 5 percent of cases.
Seat Belt: Buckle Up, Every Ride
Your car should have working seat belts. Do a visual inspection and also sit in each seat while buckling up. If your seat belts are not working, call your auto dealer to have them repaired. Then, wear your seat belt on every trip, no matter how short. Insist your children and other passengers do as well. Drivers carry a lot of influence when it comes to seat belt use, especially parents.
Properly buckle your children in, especially when they are just transitioning from booster seats to seat belts. As they get older, they will start to buckle themselves in, but continue to check their seat belt before you start driving, even if just from the front seat. You want to make sure the straps are not tangled or jamming. Buckle up unused seat belts to discourage children from playing with them. Always lock your power windows so children cannot operate them from the backseat and finally, never leave your children alone in motor vehicles to play with seat belts unsupervised in your vehicle.
Watch this video to see how to buckle your child in:
Teenagers may need the most reminders, whether they are passengers or drivers. In 2016, 47 percent of young drivers who died in crashes were not wearing seat belts, according to the NHTSA. As a parent, you have to teach your teenager to be both a safe driver and a safe passenger and always, always wear seat belts. The decisions your children make while driving with friends are critical.
Massachusetts Law on Seat Belts
In Massachusetts, children must start wearing seat belts at age 8 or when they outgrow their child passenger safety seat.
The Massachusetts seat belt law requires drivers and passengers to wear seat belts while traveling in the front and back of vehicles. According to the Governors Highway Safety Association (GHSA), Massachusetts is one of 15 states which have a secondary enforcement seat belt law. While seat belts must be worn, drivers can only be cited for a seat belt violation after they are stopped for an unrelated traffic offenses. In primary enforcement states, drivers can be pulled over solely for not wearing a seat belt.
Seat belt use was 89.7 percent in 2017, according to the NHTSA. This increased about 5 percent from 2009, which is good news. Except that seat belt use was the lowest in the Northeast. Some 86.5 percent of drivers and passengers buckled up, compared to 94.5 percent out West. The best thing you can do is go for a 100 percent seat belt rate in your car.
Child Safety Seats: The Challenge
Car accidents are the leading cause of death for children and teenagers, according to the Centers for Disease Control and Prevention (CDC). Safe Kids Worldwide reports child passenger safety seats can reduce the risk of death by 71 percent. The problem is car seats can be hard to install, expensive and are frequently recalled.
Massachusetts has a Child Passenger Safety Seat law to protect young passengers:
- Children who are younger than 8 years old (or under 57 inches tall) must use an age-appropriate federally-approved child safety seat.
- Child safety seats should be placed in the back seat (if your vehicle doesn’t have a back seat, you can’t install the car seat in the front seat).
- Older children must wear a seat belt. It is recommended that children sit in the back seat until they reach age 13.
Parents must use an age appropriate car seat. Infants typically use a rear-facing car seat until age 2, then grow into a forward facing car seat and then a booster seat. Check these guidelines for help purchasing a child passenger safety seat.
Help Finding the Right Child Passenger Safety Seat
Common Mistakes in Fitting Car Seats
- Rear-facing infant/convertible seats are often installed with the wrong amount of incline while forward-facing car seats can be fit too loosely.
- A forward-facing seat should not be able to move more than an inch laterally. In one study, the NHTSA found more than 17 percent of forward-facing car seats were able to move more than 2 inches.
- A common mistake with booster seats is the lap belt position. Lap belts should sit on the child’s hips and thighs, not the abdomen or rib cage.
Source: NHTSA, National Child Restraint Use Special Study, June 2015
Where You Can Find Help
If you are having trouble with your car seat installation, ask if your local police department offers free car seat inspections. You can also check this website to find other resources in the area.
Child Car Seat Safety Information from Manufacturers
Register your child safety seats with the manufacturer so you will be notified if there is a recall. Even when you carefully research a product, these recalls can and do happen. Graco has recalled millions of child car seats, most for unsafe buckles, but also other defects. Other manufacturers have issued recalls when seats have failed to mount and when pieces posed a potential choking hazard.
Finally, read the manufacturer’s instructions for set up and check the expiration date. Many people do not realize that car seats have an expiration date.
About Breakstone, White & Gluck
For more than 30 years, the lawyers of Breakstone, White & Gluck have represented individuals and families who have been injured by negligent and reckless drivers in Massachusetts. Our Boston car accident lawyers are committed to fighting for justice for every client and have been consistently recognized for our results by Super Lawyers, U.S. News – Best Law Firms and Martindale Hubbell.
For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
More NFL Players are Self Reporting Concussion Symptoms
Professional football players face a high risk for concussions, far greater than most of us. But Rob Gronkowski’s concussion a few weeks ago was a reminder that concussions can happen when we least expect them, even in the middle of a big game. And when they do, the game must stop.
Much has changed over the past decade, as hundreds of former NFL players have sued over head injuries. Every state now has a concussion protocol for student athletes. In Massachusetts, students, coaches and parents are now trained to recognize concussion symptoms and how to respond. But others should also be aware of the risks. Beyond the playing field, concussions can happen in car accidents, construction accidents, falls and other situations.
Concussions are a mild Traumatic Brain Injury (TBI) which are often caused by an impact to the head. Concussions can be hard to recognize at first, with some initial symptoms mirroring the flu.
According to the Centers for Disease Control & Prevention (CDC), symptoms include:
- Headache or pressure in the head
- Temporary loss of consciousness
- Nausea and vomiting
- Fatigue and dizziness
- Confusion
- Slurred speech and/or a delayed response
Other symptoms may take a few hours or days to show, including poor concentration, memory problems, personality changes and sleep disturbances.
The NFL has specialists watch players for concussion symptoms. Last year brought a 16 percent increase in concussion reports. Yet there was one positive. Players self reported and initiated 28 percent of concussion evaluations in preseason and the regular season. This was up 9 percent. The NFL released these preliminary figures in January.
Though it was hard to see the Patriots fall in the Super Bowl, the increase in self-reported concussions is still a win. Here are some tips for concussion prevention beyond the football field:
Sports
Passed in 2010, Massachusetts’ concussion safety law requires students, parents, coaches and anyone involved in high school sports to be trained on how to identify the symptoms of a concussion. Students must be taken out of the game if they are injured and cleared by a doctor before they can return. Schools are required to report the number of concussions to the state.
This law provides a good foundation for educating the public about concussions and will protect students. If you are not a parent or student, you can find information about concussions online. The Mayo Clinic offers this resource.
Car Crashes
A high-impact traffic crash can cause head injuries and bruising you may not immediately see. Always receive medical treatment after a car accident. If you were traveling with a young child, it is essential. They may not be able to communicate the nature of their injuries. This is critical because car accidents are the leading cause of TBI-related deaths among children and young adults ages 5 to 24, according to the CDC.
Falls
Falls are the leading cause of TBI, with children and the elderly the most vulnerable, according to the CDC. Nearly half – 47 percent – of all individuals with TBI injuries who go to the emergency room, hospital or die have fallen.
There are a few steps you can take to prevent a concussion from being left untreated.
Adults who care for elderly parents can talk to them about the risks associated with falls and symptoms of a concussion.
First, let your parent know they should visit their medical doctor or an emergency room immediately after a fall. Then, do not assume they will. Many people are reluctant and unsure about going to a doctor. Let your parent know they can always call you and you will drive them.
Parents can protect young children by gating off staircases and laying down slip guards to prevent slips and falls. This is especially important for wooden staircases.
Stay informed about concussion policies at schools and daycare programs. Make sure your emergency contact information is up to date so the school can always reach you. On playgrounds, make sure your child is playing over soft material, not pavement. Give them an extra hand when venturing on new equipment for the first time. Steer them toward something else if they are not quite ready.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing clients in cases involving traumatic brain injuries. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676 or use our contact form.
Massachusetts Property Owners Now Have a Duty of Reasonable Care in Snow Removal
Property owners, grab your shovels, some salt and a little patience. The snow is back in Boston and this is just the beginning.
Snow Removal Was Not Required in Massachusetts
We shouldn’t say the beginning. Snow and ice is the oldest story in New England. But for many years, Massachusetts law distinguished between “natural” and “unnatural” snow accumulation and held that property owners were not liable for injuries caused by a natural accumulation of snow and ice. But the Supreme Judicial Court abolished this distinction in Papadopoulos v. Target, 457 Mass. 368 (July 26, 2010).
In Papadopoulos, the plaintiff slipped on ice in the parking lot outside a Target department store in Danvers. After leaving the store, the plaintiff fell on a patch of ice on the pavement. The patch formed after a snowplow had worked in the area, followed by a snowstorm. He filed suit against Target Corporation and Weiss Landscaping Company, Inc., which was responsible for the snow and ice removal.
The trial court ruled the patch was a “natural accumulation” of snow. The Appeals Court affirmed this decision, but the Supreme Judicial Court rejected the distinction between natural and unnatural snow accumulation. With this decision, property owners had to accept the same duty of care in snow and ice cases as in other cases. They must keep their property reasonably safe.
Massachusetts Property Owners Now Have a Duty of Reasonable Care in Snow Removal
This was a good decision for consumers, because now, those who fall on someone’s property can now seek compensation for their injuries and recovery if the property was not properly maintained. Homeowners, landlords, businesses and commercial property owners now have a duty of reasonable care to clear the snow and ice.
Since Papadopoulos, the courts have recognized this responsibility with an occasional exception for commercial property owners. In some cases, the courts have found store owners or tenants which operate in a leased space are responsible for the maintenance, and not the property owner. This distinction turns on the fact the tenant has control of the property. Lease provisions also usually require the tenant to indemnify the landowner.
If You Are Injured on Snow and Ice
If you slip and are injured on snow and ice, you have rights, but you need to act promptly. First, you should always receive medical treatment for your injuries. Then, notify the owner or person in control of the property that you were injured on their property. This must be done within thirty days! (M.G.L. c. 84, § 21).
Before you notify a property owner, consult a Boston snow and ice accident lawyer. At Breakstone, White & Gluck, our attorneys have extensive experience in this area. We are here to answer your questions and advise you of your legal rights. You may be entitled to payment of medical bills, lost wages and other damages.
A Recent Case Handled by Breakstone, White & Gluck
When our client fell on an icy ramp in Walpole, she turned to Attorney Marc L. Breakstone for help. He investigated and negotiated an $825,000 settlement.Attorney Breakstone’s investigation found the handicap ramp, which was on a commercial property, had not been maintained. The area where our client fell was covered in ice and there was no hand railing. This was a violation of state and local codes. Read more about this case.
The Holiday Toy “Don’t Buy” List
Fidget spinners have been one of the most popular gifts of 2017, but the small pieces can fall out and cause a child to choke.
By now, the children in your life have probably sent you their holiday toy wish lists. But just as important is the holiday “don’t buy” list.
W.A.T.C.H. released nominees for its “10 Worst Toys of 2017” list in mid-November, leading with Hallmark’s “Ittys Bitty” Baby Stacking Toy. This toy was recalled by the Consumer Product Safety Commission (CPSC) in August. The fabric hats and bows on the Disney characters can detach and cause a young child to choke. This toy also has no safety warnings or age recommendations.
Toy 2: Tolo’s Tug Along Pony. This toy is marketed for children 12 months and older. It has a 19-inch cord, which is permitted for pull-along toys. But W.A.T.C.H. says this toy poses a strangulation hazard and does not carry any safety warnings.
Toy 3: The Wonder Woman Battle-Action Sword. This toy is recommended for children age 6 and up. Before you buy, note that the sword is large and sharp enough to cause facial or impact injuries. The packaging also gets a failing grade. It encourages children to “fight alongside men in a war to end all wars.”