Wrongful Death
Take a Simple Step for Safety: Test Your Smoke Alarms When You Set Your Clocks Back This Weekend
Protect your family and home. Test your smoke alarms when you set the clocks back for Daylight Saving Time on Nov. 7.
Stay vigilant about smoke alarms and protect your family this winter. This coming Sunday – November 7th – Daylight Saving Time ends. As you set your clocks back, we encourage you to also test your smoke alarms and carbon monoxide detectors.
It is critical that your smoke alarms work as we approach winter, when we spend more time indoors, cook for the holidays and there is a greater risk for home fires and fire injuries.
Half of All Massachusetts Fire Deaths Occur in Homes Without Working Smoke Alarms
In 2020, half of all Massachusetts fire deaths occurred in homes without working smoke alarms, the state fire marshal’s office announced earlier this year. This was based on preliminary data.
End-of-year data showed there were 29,641 fires across Massachusetts in 2020, a 16 percent increase over 2019. The number of civilian deaths rose from 39 in preliminary data to 44, up from 42 in 2019. There were 245 civilian injuries and 594 fire service injuries in 2020. Smoking was the leading cause of residential fire deaths in Massachusetts, followed by electrical and cooking fires.
The traditional reminder has been to replace your home’s smoke alarm batteries twice a year – at the start and end of Daylight Saving Time. You should still do so if your smoke alarms operate on regular batteries.
But in 2016, the state of Massachusetts updated the fire safety requirements, steering more homeowners toward newer smoke alarms designed to last 10 years without a battery change. So not everyone needs to change their smoke alarm batteries.
Testing is still essential. If a fire breaks out, you may have seconds to escape and your smoke alarm has to work for you, your family, loved ones and roommates. Commit to test your smoke alarms and carbon monoxide detectors monthly and twice a year when you change the clocks for Daylight Saving Time. This is a simple step – just press the test button.
Read Your Product Manual and Learn the Sounds of Your Smoke Alarm
Read your smoke alarm product manual. Make sure you recognize how the alarm sounds – when it chirps to alert you of failing batteries and in an actual emergency. If you do not know, search for the product information online or call the manufacturer. The Massachusetts State Fire Marshal’s office also shared safety tips as part of Fire Prevention Week earlier this month. The theme was “Learn the Sounds of Fire Safety,” the sound of your smoke alarms.
Involve other family members in this, especially older adults. Those 65 and older are highly vulnerable when fires break out, accounting for more than 40 percent of all fire deaths in Massachusetts during 2020, according to the state fire marshal’s office. Older adults may seem healthy, but they may suffer from a medical condition they haven’t shared or side effects to medication. Another potential barrier is untreated hearing loss.
One in three people between age 65 and 74 suffer from hearing loss, according to the National Institute on Aging. When they get older, nearly half of all adults age 75 and older have difficulty hearing. Step in and help older adults. Offer to take them to their primary care doctor and learn about smoke alarms for those who are deaf or have difficulty hearing.
Check for Smoke Alarm Recalls
Unfortunately, like other products, there are times when smoke alarms are recalled due to defect. In May 2020, the Consumer Product Safety Commission announced the recall of more than 220,000 Kidde TrueSense Smoke Alarms and Combination Smoke/Carbon Monoxide Alarms. These alarms were newer models, sold between May 2019 and September 2020.
When you test the batteries at Daylight Saving Time, you can check the Consumer Product Safety Commission (CPSC) website for smoke alarm recalls. Take time for this, even if you have registered your smoke alarm with the manufacturer. While you are there, check for product recalls involving unsafe winter heating products, including electric blankets, space heaters, children’s pajamas and other products. This is an easy but important step for safety. If you own any of these products, take the recall seriously. Remove the defective product from your home now so no one reaches for it on a cold night.
One Survey: Many Americans Are Not Testing Smoke Alarm Batteries
While this is a simple step, not everyone is testing smoke alarms. Earlier this year, a Consumer Reports survey found roughly one-third of all Americans could not recall when they last tested their home’s smoke alarm. About 25 percent could not recall replacing their smoke alarm batteries, while more than half could not remember when they had installed the devices. But this doesn’t have to be the case. You can easily test your smoke alarm and pull out the product materials right now.
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
At Breakstone, White & Gluck, our Boston personal injury lawyers have over 100 years combined experience representing those injured in premises liability accidents, construction accidents, structure fires and fires caused by landlord neglect. Our attorneys have represented clients, including college students, tenants and their families after serious injuries and wrongful death in fires.
If you or a loved one have been injured or killed in a fire, learn your legal rights. Contact our attorneys at Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Child’s Death on Peloton Treadmill Prompts New Safety Warnings
While convenient for parents, at-home treadmills, stationary bikes and fitness equipment can cause children serious injuries.
If you have jumped on the Peloton bandwagon, you are not alone. But many parents are exercising with more caution this week after learning about a child’s tragic death on a Peloton treadmill. Consumers are being urged to keep children away from the fitness equipment, as the Consumer Product Safety Commission (CPSC) investigates.
Peloton Interactive, Inc. became a household name during the 2019 holiday season, with a tongue-in-cheek ad campaign that poked fun at a husband and his “Peloton wife.” Then the pandemic began and Peloton became the fast rising star of the fitness industry. Many rushed to set up a high-end stationary bike or treadmill right at home, then logged into the fun digital app.
Peloton’s CEO announced the child’s death on a Tread+ last week in a letter, revealing the company was also aware of a small handful of other Tread+ accidents involving children. While he cited no injuries in these cases, NBC later reported that another child, a 3-year-old boy, had suffered serious injuries after being found trapped under a Peloton Tread+.
According to SaferProducts.gov, the child’s father had found the boy trapped under a Peloton Tread+ in early February. Initially, he was not breathing and had no pulse. The boy suffered a significant brain injury, along with a neck injury and petechiae on his face, which can occur when one’s blood flow is blocked. Peloton learned about the incident from the CPSC and said the company’s heart went out to the family.
If you or your child has been injured by an unsafe product, you should receive immediate medical care and report your injury promptly to help warn others. You do not have to make a report on your own. Report the incident with guidance from an experienced product liability lawyer at Breakstone, White & Gluck, who can advise you of your legal rights.
Treadmill Injuries
This is a timely investigation and conversation. Many families have purchased fitness equipment to use from the convenience of their homes as they juggle family and work responsibilities under COVID-19 restrictions. As a result, treadmill sales rose over 120 percent between March and October 2020, according to the Washington Post. Stationary bike sales nearly tripled.
Treadmills, though a convenient way to exercise from your home and office, are associated with many fitness equipment injuries. Across the country, emergency rooms treated an estimated 22,500 treadmill-related injuries during 2019, according to the CPSC. Children under 8 suffered about 2,000 injuries. There were 17 fatal injuries on treadmills between 2018 and 2020, including a 5-year-old girl.
Using Treadmills Safely in Your Home
According to Consumer Reports, children ages 1 to 6 suffer the most treadmill injuries of any age. Older siblings can also be injured when they just want to try the equipment and interactive features that look like video games.
Consider that young children are often just learning how to ride their first bike and developing their coordination skills. They are not strong enough to use a heavy, mechanical piece of equipment, not even for just a moment under an adult’s supervision.
Treadmill companies have a duty to warn consumers about the potential harm to children and how to prevent injuries to children. Manufacturers also have to watch how they showcase fitness equipment in ads and commercials. If a consumer sees a bike set up in a living room or family space, this may leave the impression that this is safe near children and families.
You can take steps to protect your children by securing fitness equipment in a separate room, away from your children and pets. Just as important, remove the safety key when you are done using the treadmill and fold it up if possible.
Mechanical Defects and Other Issues with Treadmills
When you buy fitness equipment, you may wonder whether you will enjoy using it or if it will be worth the investment. No one expects to be injured or see their child injured.
Yet there are many defective and unsafe products sold each year. This includes defective equipment which should have never been sold due to defective design or manufacturing error. Injuries can also happen when a manufacturer fails to warn the consumer about unsafe use. Manufacturers have a duty to promptly report when their products cause injury or wrongful death.
Many treadmill injuries can be traced back to poor manufacturing. Consumers have no warning about mechanical problems, such as spinning belts and erratic motors, until they use the machines. As a result, a consumer can lose their stop or fall, first hitting a moving treadmill and suffering head injuries or skin lacerations.
Improper set up can also contribute to injuries. Treadmills should come with instructions on where to safely place the equipment in your home or office. When a user misses a step, they are much more likely to get caught in the tread mat or hit a wall if they do not have adequate space. Read the instructions carefully as treadmills can come in different weights and sizes at times. As a guide, consider the ASTM International treadmill recommendations are to leave at least 6 1/2 feet of free space behind the treadmill. There should be about 1 ½ feet on each side. But your model may have different specifications.
Incomplete or incorrect labeling is another source for fitness equipment injuries. Without proper warning, the consumer cannot make the best decision about whether the product is safe for purchase and use in their home environment.
In addition to larger fitness equipment, be aware of small accessory equipment. Weights, air-filled exercise balls and yoga straps all look simple to use. But these fitness products can be poorly made with cheap materials, making them unsafe for both children and adults.
In one recent case, one of our attorneys led an investigation and negotiations which resulted in a $1.15 million product liability settlement for our client.
Free Legal Consultation – Boston Defective Product Attorneys
Breakstone, White & Gluck of Boston is committed to providing our clients with aggressive and thorough representation. If you or someone in your family has been injured by an unsafe product, contact our product liability lawyers. We serve clients across Massachusetts, including in Boston, Cambridge, Waltham, Framingham, the North and South Shores, Cape Cod, Fall River and Worcester. For a free consultation, call 800-379-1244 or 617-723-7676 or use our contact form.
Now, a Focus on Pedestrian Safety in Massachusetts
After an extended leave, many Massachusetts families are now getting ready for back to school and a return to the workplace – at least part time to start. If you are going back and plan to commute on foot, we have some safety tips to share.
First, walking has so many benefits, including fresh air and exercise. We hope you can relax and enjoy this time and decompress. Transitioning back to work and school will be a challenge at times.
As Massachusetts transitions back to work and school, more people will be walking. Our tips to help pedestrian commuters stay safe.
But still, it is important to remember the risk for pedestrian accidents and observe traffic conditions as you walk. If you normally drive or use public transportation, your commute will be much different on foot.
Before COVID-19, pedestrian accidents accounted 20 percent of all traffic fatalities in Massachusetts, according to the National Highway Traffic Safety Administration (NHTSA). Each year, as students head back to school, there is a lot of talk about pedestrian safety. This year, attention to safety is even more critical because traffic will be unpredictable for a while. You can also expect more pedestrians as well.
Drivers, especially truck drivers and bus drivers, must be vigilant in watching out for pedestrians and cyclists. But pedestrians should also be vigilant and take precautions.
Our pedestrian safety tips:
Be Visible. Dress to stand out to traffic. Think bright – a vest, jacket, shirt or baseball cap with neon-reflective material. You do not have to spend a lot of money. You can find neon-reflective on all types of products in all price ranges.
If you are a parent, encourage your children to wear bright colors. Remember, your child’s backpack doesn’t just carry books; you can purchase one with neon-reflective material and make it a tool for safety.
Use Sidewalks and Crosswalks. Always look for sidewalks and walk on them. If there are no sidewalks, walk as far as you can left, facing traffic. Use crosswalks with pedestrian traffic signals.
Learn Your Route. Take some time to plan a good route for yourself or your children. You can use online map tools, but try to memorize your path – and a backup route. Locate pedestrian crosswalks and traffic signals. Wait for the walk signal before crossing. Look for streets which have fewer lanes of traffic to walk across. Also watch for bike lanes.
Remember School Safety. School bus drivers are responsible for getting children to and from school safely. This is the most critical commute on Massachusetts roads.
Whether you are a parent, driver or pedestrian, you can support school bus safety. When a school bus flashes its yellow lights, it is slowing down. When it stops, extends its arm and flashes red, the bus has stopped to allow children to cross. Drivers must stay 100 feet back.
As a pedestrian, you may keep walking if you are on the sidewalk and don’t interfere with the school bus. But there are times when you should stop if you are walking on the road. Allow the school bus driver to safely stop so children can board safely. Also allow vehicle to safely depart.
Watch for Large Trucks. We urge pedestrians to keep your distance from trucks. Each year, truck crashes injure and kill pedestrians in Massachusetts. The larger the truck, the greater the blindspot and the greater the risk to you.
Trucks can strike pedestrians head-on, but they can also hit them from behind or from the side. Pedestrians can be swept under a truck and dragged. This can happen when pedestrians are walking alongside the road or as they wait to cross a road and a truck approaches.
Because large trucks are everywhere in the Boston area, your best defense is to watch for them, stay on sidewalks as much as possible and find crosswalks with pedestrian safety signals. Truck drivers may not always check for pedestrians. They are more likely to tune into traffic signals in front of them.
Remember, trucks can also be deadly to cyclists. Right hook accidents occur when a driver fails to give a cyclist enough room when turning right at an intersection. What you can do to prevent a serious bicycle accident: Stay on the sidewalk as much as possible. Leave the bike lanes and outer traffic lanes to bicyclists so they have room to adjust to traffic conditions.
Check for Traffic Updates. Before leaving for work or school, check local traffic updates and police department websites. After the COVID-19 closures, some Boston area communities have made changes to accommodate more pedestrians or allowed restaurants to set up outdoor dining in streets and sidewalks. This may impact your commute to work or school. Again, this is another reason to tuck a lightweight neon vest in your bag. Be visible so drivers have a warning that they should stop for you.
Stop and Report Pedestrian Accidents: If you are negligent and hit a driver, you have a responsibility under Massachusetts law to stop and report the crash to police. As stressful as this situation may be, you have to stop, call 911 and make sure the person receives immediate medical attention.
But often, other pedestrians and other drivers witness pedestrian accidents. Stop and report the crash to 911, even if you were not involved. Never assume another witness will. About 1 in 5 pedestrian crashes involve hit and run drivers, according to AAA research. In these cases, pedestrian accident victims are left without access to the driver and their auto insurance policy, which should provide compensation for their medical bills and other financial losses.
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck specializes in representing those injured by negligent and reckless driving in Boston, Cambridge, Quincy and across Massachusetts. Our attorneys are highly experienced in advocating for victims and families after pedestrian accidents and crosswalk crashes. We have secured compensation from negligent drivers as well as major bus operators, such as the MBTA. If you have been injured, learn your legal rights. For a free consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Read about some of our awards:
$7.1 Million – Verdict for pedestrian seriously injured in MBTA bus accident
Our attorneys secured a $7.1 million verdict for our client who was hit by an MBTA bus in a South Boston crosswalk.
$2.15 Million – Settlement for pedestrian injured by crash at strip mall
Our attorneys negotiated a $2.15 million settlement after our client was struck by a vehicle as he left a strip mall.
$1.375 Million – Settlement for pedestrian struck by speeding MBTA bus
Our attorneys reached a $1.375 million settlement after our client was struck by an MBTA bus in Roxbury and suffered a traumatic brain injury.
$1.25 Million – Wrongful death settlement for pedestrian hit in crosswalk
Our attorneys negotiated a $1.25 million settlement for family members of a pedestrian struck and killed in a crosswalk.
Attorney Marc L. Breakstone Says There is Potential for Civil Lawsuits After Hi-Way Safety Systems Party
Attorney Marc L. Breakstone was interviewed by NBC Boston in segment: “After Fatal Pembroke Crash, Could Holiday Hosts Be Held Liable?”
Attorney Marc L. Breakstone was interviewed by NBC Boston as part of its ongoing coverage of the Hi-Way Safety Systems holiday party and the subsequent deaths and injuries. At least three employees are now facing criminal charges, including one in an alleged high-speed drunk driving crash in Pembroke, which killed a teenage girl. A fourth employee was found dead in a Rockland motel in the subsequent hours.
The NBC Boston segment, which aired on January 8, 2020, focused on whether the party hosts may also face criminal charges under the Massachusetts social host law and civil lawsuits. The company reportedly hosted the party.
Breakstone is a Boston personal injury lawyer with over 30 years of experience representing victims of negligence. He said victims may able to file civil lawsuits in these serious cases.
“Key is the issue of control. If I control the service of alcohol in my home, and I have the ability to shut someone off and don’t, I could be liable.”
The Plymouth County District Attorney’s office and police now want to interview each party guest to learn more about the circumstances. In the wake of the crash, the Massachusetts Department of Transportation has announced Hi-Way Safety Systems can no longer bid on state contracts. Hi-Way Safety Systems has announced the employee who caused the Pembroke crash which killed a teenage girl and seriously injured another victim has been fired. He has been charged with one count of manslaughter while operating under the influence of alcohol, two counts of operating under the influence causing serious bodily injury and other offenses. He was ordered held without bail in Plymouth District Court.
Watch the NBC Boston segment.
Attorney David W. White Discusses Massachusetts Social Host Liability Law in Boston 25 News Interview
Attorney David W. White was interviewed by Boston 25 News about the potential for social host liability lawsuits following the Hi-Way Safety Systems holiday party and fatal crash in Pembroke, Massachusetts. The driver in that crash is now facing numerous criminal charges related to a teen’s death and injuries to others at the scene, including manslaughter while operating under the influence of alcohol (OUI).
“Now in Massachusetts, that’s a very hard thing to prove,” he said. “You have to be able to show that the host knew or should have known that the guest was getting intoxicated. And it has to be their alcohol. So if a guest brings his or her own alcohol to the party, then there would not be any social host liability.”
Parts of his interview was broadcast last night and this morning. Follow the news website for ongoing coverage: https://www.boston25news.com/
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
Breakstone, White & Gluck is one of the most respected personal injury law firms in Boston. Learn more about our attorneys and our results for clients. If you have been injured, contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.
Chemical Inhalation Exposure Kills Restaurant Employee
A tragic chemical exposure has claimed the life of a worker at the Buffalo Wild Wings restaurant in Burlington. Ten other restaurant employees and patrons also reported inhalation injuries.
The Boston Globe reported that a male employee cleaning the kitchen with a product called “Super 8” was overtaken by nausea. The employee stepped outside to catch his breath. A second employee who attempted to remove the cleaner became sick and subsequently died from inhalation injuries. According to the Globe, the 10 other employees and restaurant patrons reported shortness of breath, burning eyes and other symptoms of chemical exposure for which they were treated at local emergency rooms.
News reports identified the caustic cleaning agent as “Super 8”, a sodium hypochorite concentrated solution which is intended for use as a general-purpose sanitizer empty stain or for manual or automatic dishwashing. When inhaled, the fumes cause severe bronchial irritation and pulmonary edema.
Chemical exposures in restaurants occur with alarming frequency. Breakstone, White & Gluck has represented several victims of chemical exposures due to inhalation and caustic burn injuries. In our experience, inhalation injuries such as the recent Buffalo Wild Wings incident occur as a result of the failure to provide:
- adequate ventilation;
- adequate airway protective gear
- ill-advised mixing of chemical agents
- adequate skin protective gear
Breakstone, White & Gluck has a track record of success in obtaining justice for victims of serious respiratory and burn injuries caused by chemical exposures in the workplace. In many of these cases, the exposures result in life-long respiratory injuries, scarring and emotional distress.
Recent cases:
- Our attorneys represented a worker who inhaled chlorine at the Deer Island Waste Facility in Boston and suffered severe burns which temporarily handicapped him, leaving him unable to work.
- Our attorneys represented a restaurant worker who consumed tainted beer from a recently sanitized beer tap. The lines had been chemically sanitized, but not properly flushed, resulting in ingestion of chlorine which caused esophageal burns.
Free Legal Consultation – Breakstone, White & Gluck of Boston
We would welcome the opportunity to review your potential claim related to chemical exposure and inhalation injuries or burns to see if we can assist you in obtaining full and fair monetary compensation.
Please contact the Boston personal injury lawyers at Breakstone, White & Gluck for a free and confidential legal consultation. Call 800-379-1244 or 67-723-7676 or use our contact form.
Drivers Running Red Lights Causing Record Number of Car Accidents in Massachusetts, Across the U.S
Drivers who run red lights are causing a record number of deaths in Massachusetts and across the U.S., according to a new study.
While red means stop, we have all seen cars speed on, especially if you live in Boston. Our attorneys have represented countless clients who have been seriously injured or killed by another driver’s recklessness at intersections. Now, a new study reports running a red light is causing a record number of traffic fatalities across the United States. From AAA’s Foundation for Traffic Safety:
- Red light running crashes have reached a 10-year high in the U.S.
- 939 people were killed when drivers sped through red lights in 2017, a 28 percent increase over 2012.
- More than a quarter of all intersection accidents happen because drivers run red lights.
- Nearly half of those injured in red light crashes were passengers or occupants of other vehicles. Pedestrians and cyclists accounted for more than 5 percent of fatalities.
- Over 35 percent of traffic deaths were red light running drivers themselves.
- 85 percent of drivers consider it very dangerous to run a red light, yet one in three reported speeding through one in the past 30 days, according to AAA Foundation’s Traffic Safety Culture Index.
- On the same note, nearly half (more than 2 out of 5 drivers) found it unlikely that they would ever be stopped by law enforcement.
- Despite these responses, running a red light can have serious consequences, resulting in a possible insurance surcharge or criminal charges.
AAA officials count Americans driving more and distracted driving as two causes. Meanwhile, the Federal Highway Administration reports more than 50 percent of fatal and injury crashes in the U.S. happen at or near an intersection.
Massachusetts Red Light Accidents
Red light crashes are a danger at Massachusetts intersections. From 2008 to 2017, Massachusetts lost 43 people when drivers ran red lights, according to Wicked Local. These deaths are just the drivers who were caught and are in addition to other injuries.
Safety Recommendations: Roundabouts and Traffic Cameras
AAA officials say roundabouts and traffic cameras could reduce the number of crashes. Massachusetts is actively working to convert rotaries into roundabouts, which are considered safer because they force drivers into the correct lanes. However, with more than 100 rotaries across Massachusetts, change will take time.
There is long-standing opposition to traffic cameras at Massachusetts intersections, even as AAA says traffic cameras have reduced fatal red light running crashes by 21 percent in large cities. Overall, traffic cameras have contributed to a 14 percent reduction in all fatal crashes at signalized intersections.
Unlike some states, Massachusetts does not have a state law permitting use on local intersections. While MassDOT operates traffic cameras along the MassPike, there is a battle over local intersections.
More than a decade ago, several Massachusetts communities attempted to pass ordinances allowing for red light cameras, among them Saugus, Lawrence and Springfield. South of Boston, Brockton also approved a local traffic camera ordinance. Traffic cameras were never installed. Citing privacy concerns, state lawmakers declined to pass the legislation necessary for these local ordinances to stand. Now years later, there are state lawmakers interested in similar legislation, so we may be revisiting the debate at some point. Here is one lawmaker’s blog.
Across state lines, you may find traffic cameras at red lights in Rhode Island, along with 19 other states. Rhode Island, however, does not have a state authorizing the use of speed cameras (Source: Governors Highway Safety Association).
AAA only recommends traffic cameras at intersections with demonstrated patterns of red light violations or high crash rates. Cameras should be part of broader traffic safety programs and drivers should be notified through signage and other methods.
Reducing Red Light Accidents in Massachusetts
Drivers have a responsibility to operate with care and pass other vehicles, cyclists and pedestrians at a safe distance in Boston and every other community in Massachusetts.
The Boston area commute is stressful. Leaving your home a few minutes earlier was once an effective way to beat the traffic. Unfortunately, as traffic congestion has grown, you now have to leave even earlier in many Massachusetts communities and that isn’t always enough to beat the 2-3 hour commutes. But even in these conditions, practicing patience and putting down your cell phone are paramount to preventing red light crashes and distracted driving accidents causing injury or death. Always watch for pedestrians and cyclists, maintaining a safe distance at all times and taking extra care when approaching crosswalks and bike lanes. Remember you may not be able to see a pedestrian until that moment they step onto the road.
Free Legal Consultation – Boston Car Accident Lawyers
Breakstone, White & Gluck has been recognized for our superior results for clients. Founded in 1992, our law firm specializes in representing those who have been injured due to the negligence and wrongdoing of others. We specialize in handling cases involving car accidents and truck crashes in Boston, Cambridge, Cape Cod, the South Shore, the North Shore and across Massachusetts. If you have been injured, learn your rights. Contact our firm for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.
After Infant Deaths, Fisher-Price Rock ‘n Play Sleeper is Recalled
Fisher-Price has recalled its Rock ‘n Play sleeper after an investigation found more than 30 infants died while using it.
It once looked the perfect place to nap and cuddle. But this adorable product – the Fisher-Price Rock ‘n Play Sleeper – wasn’t ever safe. Fisher-Price and the Consumer Product Safety Commission (CPSC) announced the recall of 4.7 million sleepers on April 12, 2019. Parents are being urged disassemble the sleeper and stop using it. The company expects to spend the next several months processing recalls.
Prior to the company’s action, the American Academy of Pediatrics (AAP) had joined Consumer Reports in calling for the product’s removal, stating the Fisher-Price Rock ‘n Play failed to comply with its recommendations, which state infants should only sleep on flat and firm surfaces. Further, the AAP advises infants should not be left on the same surface as other bedding, toys or bumpers, which could increase the risk of infant suffocation or choking.
Fisher-Price, a division of Mattel, is asking parents to contact the company for a refund or voucher toward another Fisher-Price product. The company will offer a full refund for Rock ‘n Play sleepers purchased during the past six months.
Resources:
Fisher-Price Rock ‘n Play Recall Notice, Consumer Product Safety Commission
Mattel and Fisher-Price Recall Page for Parents
The Week of Bad Headlines for Fisher-Price
Fisher-Price and the CPSC announced the product’s recall on Friday, April 12th, following days of pressure from safety organizations. Fisher-Price had initially resisted.
On April 5, the CPSC and Fisher-Price released an initial warning and announced 10 infants had died in the Rock ‘n Play between 2015 and 2019. The infants were all 3 months or older and died after rolling over from their back to their stomach or side.
At that point, there was no recall, but parents were advised to stop placing children in the sleeper once they reach 3 months old, or earlier if they begin turning themselves over.
Days later, Consumer Reports came out with a troubling report linking the product to not 10, but 32 infant deaths since the 2009 release. The consumer watchdog called on the CPSC to immediately issue a recall of the defective product. In response, Fisher-Price said the company did not believe any of these deaths were caused by the sleeper. Rather, the company said medical and health conditions were cited as the cause in some deaths, and in other cases involved improper use of the sleeper.
Shortly after, Americans heard from the AAP: “This product is deadly and should be recalled immediately.”
Despite the AAP recommendations, Fisher-Price managed to introduce the Rock n’ Play and sold it for a decade. Before the recall, it was selling for $40 to $149 at various retailers. The product sits elevated in a canopy-like environment for sleeping and sitting and featuring a “motorized rocking motion” and musical tunes. The problem is when a baby’s head falls forward or sideways. This can block the child’s access to oxygen.
Parents should do careful research when buying children’s products. Monitor the CPSC website for warnings and recalls, as well as the Consumer Reports website. We can expect to hear more about the dangers of other sleeper products in the near future, as Consumer Reports continues its investigation. On April 11, it reported on four other child deaths linked to Kids II sleepers.
More Reading:
Fisher-Price Rock ‘n Play Sleeper Should Be Recalled Immediately, Consumer Reports
Fisher-Price Rock ‘n Play Recall, New York Times
Buying Safe Toys, Breakstone, White & Gluck Project KidSafe
Contact the CPSC About Dangerous Products and Injuries
If you are ever injured while using a consumer product, you should contact the CPSC to report the injury. The CPSC is the federal agency responsible for overseeing the recall process, releasing warnings to the public and collecting injury data. The CPSC works with manufacturers to issue product recalls.
Free Legal Consultation – Contact a Boston Product Liability Lawyer
If you have been injured, it is also in your best interests to consult a Boston product liability attorney. At Breakstone, White & Gluck, our Boston attorneys have represented clients injured by defective products, medical devices and vehicles. Prompt investigation is necessary in product liability cases and our attorneys are known for our thorough, detailed and capable investigation.
For a free legal consultation, contact our lawyers today at 800-379-1244 or 617-723-7676 or use our contact form.
Lynnway Auto Auction and Company President Facing Manslaughter Charges in 2017 Crash Killing 5 People
Attorney Marc L. Breakstone, who is representing a family who lost a loved one in the Lynnway Auto Auction crash, speaks to WHDH TV in Boston. Watch.
Attorney Marc L. Breakstone was interviewed by WHDH TV yesterday, following the announcement that the Lynnway Auto Auction, Inc. and company president James Lamb will each face five counts of manslaughter in the 2017 crash killing five people. Breakstone is representing one of the families who lost a loved one.
“This goes beyond normal everyday negligence,” he said. “This was gross negligence that created a dangerous environment for employees and others at the auction.”
Watch the interview on the WHDH website.
Trucks Remain a High Crash Risk for Cyclists in Boston, Across U.S.
A truck travels along Brookline Avenue in Boston last summer, near the site of a fatal truck crash killing a cyclist last week.
It was heart-breaking to watch the TV news coverage last week, the scenes following a cement truck crash which killed a cyclist in Boston’s Fenway neighborhood. The 69-year-old victim, a librarian in Brookline, was hit at the intersection of Brookline Avenue and Park Drive on Friday afternoon.
As State Police investigate the fatal bicycle accident, we should all be concerned about trucks. If you are a pedestrian or cyclist in Boston or Cambridge, you have likely witnessed a truck crash or near crash. Or felt the sheer terror of a truck too close.
At times, it is hard not to travel in fear of trucks in Massachusetts, especially in Boston and Cambridge. One very upsetting moment came earlier this month, when a city truck reportedly plowed over a sidewalk in Chinatown, hitting a pedestrian. The truck ultimately smashed into the side of Liu Yi Shou Hotspot Boston, which is located at Washington and Kneeland streets, near Tufts Medical Center. The pedestrian was treated for non-life threatening injuries while the restaurant sustained heavy structural damage.
Because trucks are heavy-weight vehicles, drivers must be properly trained and use reasonable care when operating. Just as in Chinatown, truck crashes can cause injuries to pedestrians. Cyclists are also vulnerable, especially when crossing intersections near trucks.
In Massachusetts, the law specifically addresses a truck driver’s responsibility when making right turns at intersections near cyclists. Truck drivers must make the turn at a “safe distance,” at a “speed that is reasonable and proper,” according to the law. To do this in Boston, truck drivers have to check. Large vehicles are set up much higher than cyclists. Drivers need to use mirrors and specifically looking down at the bike lane before turning.
When a driver neglects to check, there can be serious consequences. They can end up cutting a cyclist off in a right hook accident. This can lead to severe injuries and often death.
Our attorneys have extensive experience in investigating truck crashes which have seriously injured or killed cyclists.
Last year, Attorney Ron Gluck of Breakstone, White & Gluck settled a wrongful death lawsuit on behalf of a cyclist who was killed by a truck driver in a hit-and-run crash. The driver hit our 38-year-old client at the intersection of Massachusetts Avenue and Beacon Street. Read about the case in Boston Magazine.
Truck Accident Statistics
- Nationwide, fatal truck crashes have increased by 3 percent, from 4,704 to 4,213, according to the 2016 Large Truck and Bus Crash Facts 2016 report by the U.S. Department of Transportation.
- Truck drivers were speeding in 6.9 percent of truck crashes involving a fatality. They were engaged in distractions in 6.1 percent of fatal truck crashes. Failure to yield the right of way resulted in 4 percent of truck crashes resulting in a wrongful death. These were the leading causes; violations were not reported in many of the accidents (2016 Large Truck and Bus Crash Facts 2016).
- In 2016, 840 cyclists were killed in traffic crashes, a 2 percent rise over 2015. More significantly, this continued a trend of near two percent increases and marked a 25-year high for fatal cyclist accidents in the U.S. Cyclists age 55-59 and 60-64 had the highest fatality rates. (Source: National Highway Traffic Safety Administration, Traffic Safety Facts 2016 Data: Bicyclists and Other Cyclists).
- Single-vehicle truck crashes killed 85 cyclists in 2016, just about 10 percent of all traffic deaths (NHTSA Traffic Safety Facts).
How Cyclists Are Being Injured By Trucks
When cyclists are killed in collisions with motor vehicles, they are most likely to be hit by the front of the vehicle, according to the NHTSA FARS data. Cyclists are hit from the front in 78 percent of all cyclist vs. motor vehicle deaths, including in 89 percent of accidents involving cars and 83 percent of accidents involving light trucks, SUVs, pick-up vehicles or vans.
The numbers change when you look at fatal accidents involving large trucks and cyclists. While 48 percent of cyclists who died were hit from the front of large trucks, 22 percent were struck by the right side of a truck, while 9 percent were hit on the left side. Another 7 percent were by the back of the truck.
Truck Sideguard Ordinances and Legislation in Massachusetts
Some cities and states want to encourage truck safety by passing ordinances that require trucks to be equipped with side guards. This covers the area between a truck’s wheels, where cyclists and pedestrians can become trapped. Two cities in Massachusetts have already passed ordinances for city-contracted trucks and large vehicles. The ordinances also require trucks to use convex mirrors to help them see blind spots.
Boston was the first U.S. city to pass an ordinance in 2014. Somerville has since followed, passing the Somerville Ordinance to Safeguard Vulnerable Road Users. A statewide law could be next. A proposal now on Beacon Hill is asking lawmakers to mandate side guards on all city- and state-owned vehicles by 2020. Contractors would be required to meet the new standard by 2022.
Free Legal Consultation: 800-379-1244
Breakstone, White & Gluck has more than 100 years combined experience representing victims in personal injury, wrongful death and medical malpractice cases.
If you or someone in your family has been injured, contact us today for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.