Wrongful Death
Massachusetts Court Judgment is Tragic Reminder About the Social Host Liability Law
A Massachusetts court judgment this week is a tragic reminder of what can happen when teens drink and drive and social host liability laws are ignored.
On Monday, 23-year-old Craig Snow was ordered to pay $1 million each to the parents of Julia Gauthier. In 2010, 19-year-old Gauthier, a freshmen at Salem State College, was killed in a car accident in Lynn when her boyfriend Christopher Maxson rolled the SUV he was driving. She and Maxson had just left a party hosted by Snow, who had provided the alcohol that night. Maxson pled guilty to motor vehicle homicide while driving drunk in December 2010.
Snow was charged criminally under Massachusetts’ social host liability law, but avoided jail time. Gauthier’s family also filed a civil lawsuit against him, resulting in this week’s judgment.
“The question here is reasonableness and you should not furnish so much alcohol to any guest that you have that they leave your house inebriated,” attorney David White said in a television interview this week with FOX 25 News Boston.
White added, “It’s a real strong reminder to parents as the graduation season approaches to take extra care to make sure their children aren’t driving drunk.”
Watch the Fox 25 News Boston interview.
Read more about the social host liability law on our website.
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February Product Recalls: CPSC Urges Consumers to Look for Cedar Chests after Children’s Deaths
We share some of the February product recalls and notices issued by the Consumer Product Safety Commission (CPSC). Each year, thousands of unsafe products are recalled by the CPSC and other government agencies. The CPSC is now focused on the dangers of wooden chests, issuing a renewed call for the cedar chests which recently trapped two young children in Franklin and warning about other chests which have unsafe latches. Since 1996, the agency is aware of 34 reports of deaths involving wooden storage and toy chests.
Protect your family and home by taking a quick glimpse at this month’s list:
Renewed Search for Cedar Chests. On Feb. 27, the CPSC and Lane Home Furniture issued a call for the public to make a renewed search for the company’s cedar chests. On Jan. 12, a young brother and sister from Franklin suffocated to death in one of the chests while playing hide-and-seek. The CPSC investigation determined that the 75-year-old Lane cedar chest closed and automatically latched shut, locking the children inside.
The chest should not have been in use with the defective locks. In 1996, the Lane Company recalled 12 million similar chests which were made between 1912 and 1987. By 1996, six children had suffocated inside the cedar chests. By 2000, a seventh child had suffocated and two others had nearly died. The company has offered new hardware so the chests will no longer automatically latch shut, but reports estimate there are still 6 million chests which need the repair.
Consumers may have one of these chests in their homes even if they do not realize it. Some may have been purchased at second-hand stores or passed down through families. In the Franklin case, the CPSC said the chest was purchased at a local resale store about 13 years ago. Consumers can look for these names inside the cedar chests: “Lane” and “Virginia Maid.”
If you have a chest, you should immediately remove the latch and contact Lane for the replacement hardware. Read the recall notice.
Infantino Recalls Teething Toys Due to Choking Hazard; Sold Exclusively at Target
Infantino has recalled about 191,000 teething toys sold at Target. The toy was the “Go Gaga Squeeze & Teethe Coco the Monkey.” The company received seven reports of infants choking or gagging on the monkey’s tail. No injuries have been reported. The toys were sold at Target stores nationwide and online from December 2012 through January 2014 for $13. Consumers should take these toys away from young children and contact Infantino for a free replacement.
BebeLove Recalls Baby Walkers Due to Fall and Entrapment Hazards
BebeLove Baby Walkers were recalled for not meeting federal safety standards. BebeLove USA recalled about 3,600 models sold on Amazon.com, Overstock.com and small retailers in California, Arizona and Utah from November 2011 through July 2013.
Consumers can are advised to stop using the product and contact BebeLove for a free repair kit.
No injuries have been reported, but the CPSC reports that style number 358 can fit through a standard doorway and is not designed to stop at the edge of a step as required by the federal safety standards. In addition, style number 368 has leg openings which allow a child to slip down to the point their head can become entrapped at the neck. The CPSC said children using these walkers can be seriously injured or killed.
Rowe Fine Furniture
Rowe Fine Furniture recalled about 220 Ottomans due to a risk of suffocation. No injuries were reported, but the company learned a child became trapped in an Ottoman after a sibling closed the lid on the storage compartment. Consumers can contact Rowe for a free replacement lid and a warning label.
What to Know About the the Graco Child Safety Seat Recall
Parents across the country are checking their backseats after Graco issued one of the largest child safety seat recalls in history this week. It may not be the last recall either; the Georgia-based company is facing pressure from the National Highway Traffic Safety Administration (NHTSA) to recall 1.8 million additional seats.
Graco recalled 3.7 million car seats manufactured between 2009 and 2013, the fourth largest recall ever for safety seats and the largest in five years, according to media reports. The NHTSA announced Tuesday that Graco was voluntarily recalling 11 models, though the agency had sought recalls of 18 models. The agency has stated it could take legal action to force the recall of the other models, which are rear-facing models for infants.
The car seats have defective buckles, which can be difficult to unlatch or become stuck. Graco said it was not aware of any injuries resulting from the car seat, but the New York Times reports the NHTSA began investigating Graco in 2012, after parents complained to regulators about having to cut children out of the seats from straps. One parent said it took her 45 minutes to loosen the straps enough to pull her daughter out.
But there is at least one case of serious injury. In a Jan. 14 letter to Graco, the NHTSA noted the company was a defendant in a wrongful death lawsuit in Los Angeles Superior Court in which a two-year-old child was killed in a fire following a car crash. The child was traveling in a Graco Nautilus car seat. The company has said the wrongful death case was resolved by a confidential settlement agreement.
Read the full list of recalled car seats. Parents who have defective car seats can contact Graco for a free replacement buckle. Graco says the seats are safe to use until parents obtain a replacement, but the NHTSA is urging parents to find other seats until they receive the new buckles.
Parents want to be able to trust the car seats, strollers and cribs they use to care for their children. Because these are important purchases, many parents and family members spend time researching and reading consumer reviews on Internet shopping sites such as Amazon.com before purchasing.
These reviews are helpful, as is feedback from other parents. But there are a few other steps parents can take:
Mail in the product registration. You want to make sure the company knows you have its product and need to be notified of any defect or recall and be included in the remedy process.
Do your research. Search the NHTSA database for car seat recalls.
Car seat inspection. Visit this NHTSA website page to search for sites where you can get your car seat inspected. Watch as the certified professional fits your child’s car seat and what to watch as you go about your daily driving routine.
Check your product. Remember a few basics about all children products, from toys to car seats. First, make sure they do not have small parts which can easily break and become a choking hazard. Make sure your child can move freely in seats with straps. Make sure the product can fully support your child by reading the age and weight requirements.
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Attorney David White Discusses Product Recalls on Fox 25 TV
Last weekend, two young children in Franklin tragically died after getting trapped in a defective wooden hope chest during a game of hide and seek. The chest was one of 12 million manufactured by the Lane furniture company of Virginia between 1912 and 1987.
Attorney David White from the Boston product liability firm, Breakstone, White & Gluck, commented on ways consumers can avoid injuries from defective products, including second-hand goods.
According to reports, the Franklin children were probably playing a game when they got into the chest and the lid closed. The lid automatically latched shut when closed and could not be opened from the inside. When the family purchased the second-hand chest 15 years ago, they had no warning of the defect or the fact that the product had been recalled.
Boston News, Weather, Sports | FOX 25 | MyFoxBoston
The chests were recognized as defective after four children were trapped in them and died prior to 1996, leading to a product recall 1997. In 2001, Lane paid a $900,000 civil penalty to the Consumer Product Safety Commission (CPSC) to settle claims that it had provided late notice of the deaths to those four children.
Even after the recall, probably six million of the chests still have the defective locks. Although there have been sporadic efforts to notify the public of this widespread and serious hazard, it is not clear how aggressively Lane has tried to make sure the defective latches are either removed or replaced.
White, a Boston attorney who specializes in injury and liability cases, said companies have a responsibility to inform clients of recalls and stores have a responsibility not to sell recalled products, but sometimes consumers still do not receive notice, including in cases involving products purchased in second-hand stores. He said defective products are causing injury.
White told Fox 25 that the problem is no one registers a hope chest with a company as they would an electronic product such as a new television. His safety tips:
1) Consumers can learn what hazard signs to look for in products and remove unsafe products on their own, even if they have not been recalled.
2) A few products to watch carefully:
- Cribs, car seats, bassinets, strollers and other products which hold babies.
- Products with small pieces that break off.
- Novelty toys with magnets which children can easily swallow. These have been recalled.
3) Consumers can check the CPSC website for recalls.
4) Read age-appropriate labels on toys. Your younger children may not be old enough to play with their older siblings’ toys.
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Drivers Age 25-39 Admit to Most Texting While Driving
One in four drivers admitted to texting while driving in the past month, a new AAA survey reports. While teenagers often get the most blame, this survey found drivers age 25-39 are actually the worst offenders.
Texting while driving is against the law in Massachusetts and 40 other states. But in the new survey, 26 percent of drivers reported sending a text or e-mail while driving in the past month. Among drivers age 25-39, 45 percent admitted to texting or sending an e-mail while driving and 10 percent admitted they did so fairly often.
These drivers were also most likely to drive while talking on a handheld cell phone, with 82 percent admitting to doing so in the past month and 43 percent saying they did it fairly often. Talking on a cell phone while driving is still legal in many states, including Massachusetts, but legislation is pending to restrict that activity.
Drivers 19-24 were second most likely to text while driving, with 42 percent confessing to it at least once in the previous month and 11 percent saying they did it fairly often.
Drivers age 16-18 were third most likely, followed by drivers ages 40-59, then 60 and older. Drivers age 75 and older were the least likely, but even one percent of them admitted to texting and 31 percent admitted to talking on a handheld cell phone while driving in the previous month.
A few notes:
- One out of 10 fatal car crashes involves distraction, resulting in more than 3,000 deaths per year in the U.S.
- At any given daylight moment, approximately 660,000 drivers in the U.S. are using cell phones or manipulating electronic devices while driving, according to the National Highway Traffic Safety Administration (NHTSA).
- Using a cell phone while driving quadruples your chance for being involved in a car accident, according to AAA.
- Talking on a handheld cell phone is banned in 12 states and the District of Columbia. It is legal in Massachusetts and the rest of New England. Cell phone use is restricted for novice drivers in 37 states and the District of Columbia.
- Texting while driving is banned for drivers in 41 states and the District of Columbia, including Massachusetts. It is also banned in other New England states. Six other states have bans prohibiting novice drivers from texting.
- Using hands-free devices or infotainment systems is not safer than using handheld cell phones or texting, according to a study by a University of Utah research team. The study last summer tested voice-to-text technology which allows drivers to talk on the phones, send texts and e-mails and use social media without touching a cell phone. The study measured driver alertness using cameras mounted inside the vehicle and diagnostic tools to measure reaction time and brain activity.
- Researchers ranked voice-to-talk technology as more dangerous than using a handheld cell phone and listening to a radio.
Related:
Map of handheld cell phone bans, Insurance Institute for Highway Safety
Hands-free talking, texting is unsafe, University of Utah
Teens report texting or using phone while driving significantly less often than adults, AAA Read More
Use Space Heaters and Home Heating Equipment Safely
Home heating equipment is the second leading cause of home fires in Massachusetts. Because half of all home heating fires occur in December, January and February, now is the time to consider if you are heating your home safely.
The most important step is to make sure your smoke alarm has working batteries. Also, have your home heating equipment checked and serviced by a qualified professional each year. They can identify problems and clear any debris in your chimney or vents. Any obstruction increases the chance of fire and can lead to carbon monoxide poisoning, which can be fatal. Other ways to protect your family and home:
Space Heaters
Space heaters cause 33 percent of all home heating fires and 81 percent of home heating fire deaths, according to National Fire Protection Association (NFPA). If you have an older model, consider purchasing a new one with an automatic shut-off feature. Also, search for your model on the Internet to make sure it has not been recalled. The best resource is the Consumer Product Safety Commission website.
Use space heaters on even surfaces and always keep them three feet away from combustibles, such as bed spreads and clothing. Also keep children and pets at least this far away.
Do not use an extension cord and use space heaters on a flat surface where they will not tip over. Remember to turn it off before you go to sleep or if you leave the room.
No Overloaded Electrical Outlets
Be careful not to overload electrical outlets. Space heaters draw a large amount of electricity. Shift around appliances if you think you may be overloading an outlet.
Keep Vents Clear
Monitor your indoor and outdoor heating vents throughout the winter. When it snows, clear your outside heating vents even before you shovel your driveway.
Wood, Coal and Pellet Stoves
In Massachusetts, you need a building permit to install wood, pellet or coal burning stoves and fireplaces. They must be inspected by a local building inspector prior to use.
Last year, there were over 800 fire incidents in Massachusetts involving chimneys, fireplaces and woodstoves. Many result from a build-up of creosote, a by-product of burning wood.
Read the manufacturer’s instructions on how to use your heating equipment. Do not use flammable liquids to start a fire. For fireplaces, check that the damper is open before starting a fire so there is not a build-up of smoke and carbon monoxide.
Use the fireplace screen to prevent flames and sparks from moving outside the fireplace and causing burns and injuries. Do not close the damper until the fire is fully out.
When finished, dispose of ashes in a metal ash can and keep it outside your home and garage. Also keep it away from porches and decks.
Cooking
Make sure you have proper ventilation before you start cooking. Do not use grills inside your home.
Related:
Heating fire safety: Wood Stoves, Space Heaters and Fireplaces, U.S. Fire Administration.
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New England Construction Worker Injuries Need More Study, Researchers Say
A new pilot study measures the physical and emotional toll on New England’s construction workers – and researchers say more investigation is needed.
Construction workers face a high risk of physical injury on the job. In 2011, these workers accounted for 12 percent of all workplace deaths in the U.S., according to the Bureau of Labor Statistics (BLS). Construction accidents and injuries can happen when employers or construction site managers are negligent in complying with OSHA and other safety regulations, fail to properly staff a job or do not provide the necessary training.
The new study from Harvard School of Public Health shows 20 percent of the construction workers surveyed showed signs of being at risk for suicide. More than 40 percent had suffered one or more workplace injuries in the prior month.
The study was published online Oct. 1 in the Journal of Occupational and Environmental Medicine. Researchers say the findings show more detailed studies are needed to provide a better understanding of the high frequency of construction injuries and how they relate to mental distress. Researchers also want to focus on increasing literacy rates among construction workers and preventing suicide and suicide attempts.
Study Findings
In August 2012, the researchers surveyed 172 New England construction workers whose average age was 41 years old. They were questioned about psychological distress, depression, anxiety, job satisfaction, musculoskeletal use, injuries and alcohol and tobacco use.
Of these workers, 75 percent had experienced musculoskeletal pain over the past three months. In the month prior, 42 percent had reported one or more work injuries. When researchers followed up by phone with workers who fit the criteria for depression, 20 percent showed signs of being at risk for suicide. Some 16 percent reported they were distressed but the majority – nearly 60 percent – had sought no professional help.
When proper precautions are not taken, construction workers face numerous risks for physical injury and death. The most common causes are falls, electrocution, being struck by an object and being caught in or between equipment and buildings, according to the BLS. Nearly three out of every five construction workers are killed by one of these causes.
Here in Massachusetts
Here in Massachusetts, construction workers face the same risks. In 2012, 32 workers died on the job, including six construction workers, according to the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), which reports figures annually each spring.
Over the summer, the state saw three tragedies. In August, a tree worker died from burn injuries in Holliston, after coming into contact with live wires. A week earlier, another tree worker suffered serious electrical burns in Chelmsford when he was hit by branches and live wires. In July, a 26-year-old construction worker was killed at a Plymouth construction site when a concrete form collapsed and crushed him beneath wooden frames.
MassCOSH is starting to collect new data on other risks to construction and other workers. In its most recent “Dying for Work” publication, it reported 320 Massachusetts workers died from occupational diseases. It estimated asbestos exposure caused over 90 deaths that year.
Related:
Construction workers struggle with pain, stress from injuries, Harvard School of Public Health.
Dying for Work in Massachusetts, April 28, 2013, MassCOSH
MassCOSH website.
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Breakstone, White & Gluck Selected for New England and Massachusetts Super Lawyers Lists; 10th Year Honored
We are pleased to announce our lawyers have been honored as Super Lawyers for 2013.
Partners Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Massachusetts Super Lawyers for 2013 list. Associate Samuel A. Segal was also selected to Massachusetts Super Lawyers Rising Stars for 2013. The honors will be printed in a supplement of November’s edition of Boston Magazine.
Breakstone, White & Gluck’s lawyers have been recognized by Super Lawyers for 10 years, first in 2004. Super Lawyers is a publication of Thomson Reuters. It rates lawyers across the country and recognizes no more than the top 5 percent of lawyers in each state. Attorneys are selected using a rigorous, multiphase process that includes independent research, peer nominations and peer evaluations.
Rising Stars uses the same selection process, except candidates must be 40 years old or younger or in practice for 10 years or less. Only 2.5 percent of lawyers in each state are recognized as Rising Stars.
Attorney Marc L. Breakstone was selected as one of the Top 100 New England Super Lawyers for 2013, a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. This is Breakstone’s fourth time being selected as a Top 100 New England Super Lawyer. He has been selected to the Top 100 Massachusetts Super Lawyer seven times and a Massachusetts Super Lawyer for ten years. Breakstone, a graduate of Northeastern University School of Law, has been practicing law in Boston for over 25 years and specializes in personal injury cases involving wrongful death, medical malpractice, gas explosions, construction accidents and transportation accidents. Read more about Marc.
Attorney David W. White was selected as a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. It is White’s fifth time on the Top 100 Massachusetts Super Lawyer list and tenth year on the Massachusetts Super Lawyers list. He has also been named to the Top 100 New England Super Lawyers list twice. White, a graduate of the Northeastern University School of Law, is a past president of the Massachusetts Bar Association and has been practicing law in Boston for over 25 years. He specializes in personal injury, wrongful death, insurance bad faith, bicycle accident and motor vehicle accident claims. Read more about David.
Attorney Ronald E. Gluck was selected as a Massachusetts Super Lawyer for 2013 for the ninth year and a New England Super Lawyer for the seventh time. Gluck has been practicing law in Boston for over 30 years and serves on the Board of Governors for the Massachusetts Academy of Trial Attorneys. Gluck specializes in personal injury cases involving wrongful death, car accidents, head injuries, motorcycle accidents, liquor law liability, premises liability, defective medical devices and pharmaceutical product liability. He is a graduate of Case Western Reserve University School of Law. Read more about Ron.
Attorney Samuel A. Segal was selected as a Massachusetts Super Lawyer Rising Star for 2013. Segal joined Breakstone, White & Gluck as an associate in early 2010 and has handled cases involving personal injury, auto accidents, dog bites, gas explosions and medical malpractice. Segal is an active member of the Young Lawyers Division of the Massachusetts Bar Association and volunteers as an attorney-coach for the Cambridge Rindge and Latin School Mock Trial Team in Cambridge. He is a graduate of Northeastern University School of Law.
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Put Down the Cell Phone, No Walking While Distracted!
Do you talk on your cell phone or read e-mails while walking? Many of us do. This practice – often called walking while distracted – can cause serious injuries to you and others around you.
There is good reason to think about pedestrian safety. After years of decreases, overall pedestrian traffic deaths have been on the rise in the U.S. In 2011, 4,432 pedestrians were killed in motor vehicle accidents, an 8 percent increase from 2009, according to the National Highway Traffic Safety Administration (NHTSA).
That same year, 1,152 people were treated in hospital emergency rooms for injuries from walking and using a cell phone or electronic device, according to the Consumer Product Safety Commission (CPSC).
Boston-based Liberty Mutual Insurance Company recently published a Pedestrian Safety Survey of over 1,000 adults. It reported 55 percent of respondents consider texting or e-mailing while crossing the street to be the most dangerous activity while walking.
This was even more than those who feel running across a street to beat oncoming traffic was most dangerous! Still, 60 percent of pedestrians reported texting, e-mailing or engaging in other behaviors while they walked, even though 70 percent considered the behavior dangerous.
Young people account for many of the distracted walkers. Safe Kids Worldwide, a non-profit organization, recently reported that it observed 34,000 children crossing the street near U.S. schools. One in five high school students and one in eight middle school students was distracted by a cell phone or electronic device.
A few tips for staying safe:
Put your cell phone away. Whenever you walk in a public area, put your phone in a bag or your briefcase. This includes supermarket parking lots, walking down the street on a sidewalk or waiting out at the bus stop with your child.
Don’t let the music distract you! Keep the volume low enough to hear traffic and other sounds around you. Do not adjust settings when crossing the street.
Step aside. It is best not to use your cell phone at all. But if you do, step away from the street and other pedestrians.
Crosswalks. Cars should stop at crosswalks for pedestrians, but do not take this for granted. Try and make eye contact with drivers before crossing the street and never pull out your cell phone while standing and waiting to use a crosswalk.
Never use a cell phone while crossing the street. This may sound obvious: Do not step into the street while you are reading or entering data or talking on your cell phone.
Watch out for bicycles. Cyclists can pass traffic on the right hand side and may be moving alongside traffic that has stopped. Be careful when stepping into the street.
Watch for other pedestrians. Realize that other people are probably going to be walking while using their cell phone and you have to anticipate them.
Related:
Put that phone down and just walk, The Boston Globe. Read More
Child Passenger Safety Week September 15-21
Many parents follow the law and fasten their children into child passenger safety seats. But the National Highway Traffic Safety Administration (NHTSA) says three out of four are doing it incorrectly, leaving children vulnerable to serious injuries.
There is a lot of confusion about child passenger safety seats. They are challenging for parents to position and laws change every few years. Additionally, each state has its own law. But they are important. Child safety seats reduce the risk of death for infants by 71 percent, according to the Centers for Disease Control and Prevention (CDC). The figure is 54 percent for toddlers ages 1 to 4.
September is a good time for parents to have their child’s passenger safety seat inspected for free. The NHTSA and communities across the country will hold Child Passenger Safety Week is Sept. 15 – 21. Sept. 21 is National Seat Check Saturday. You can search this database or this website to find a child seat inspection station near you (we suggest you call in advance to check).
There are inspection stations in Boston, Cambridge, Somerville and many other Massachusetts communities. These technicians should be certified and trained in the NHTSA curriculum. Some stations, such as local police departments, are often available to help parents throughout the year if you call for an appointment.
Massachusetts Child Passenger Safety Law
The Massachusetts Child Passenger Safety Law requires all children to use child passenger restraints until they are 8 years old or over 57 inches tall (4′ 9″). Up until 2008, the law only required children under 5 years of age and 40 lbs to ride in a safety seat.
There are four types of car seats: infant carrier seats, rear-facing convertible seats, forward-facing seats and booster seats, for children ages 4 until they are 8 years old in Massachusetts. When children turn 8 and are 57 inches tall, they can move into a seatbelt. The state recommends children travel in the backseat wearing a seatbelt until they are age 13.
Use of a booster seat reduces the risk of fatal injury for children ages 4 – 8 by 55 to 67 percent compared to unrestrained children and adults, according to a recent article in the University of Michigan Transportation Research Institute.
Another Change in Law May Be Coming
Another change may be coming for child passenger safety seats, but if so, the requirement will not be effective until February 2014.
The NHTSA has proposed that a child car seat be secured by a seat belt and top tether rather than the Latch system, according to the Wall Street Journal. In 2002, the Latch system became a federal requirement and new cars had to have anchor points between cushions so child safety seats could be secured.
The reason for the change is car seats were lighter a decade ago. Children were not required to use them for as many years as they are under today’s laws. The changes would include new labeling for car seats identifying the weight limits. The Juvenile Products Manufacturers Association represents child seat makers and is asking for the new requirement to be suspended and instead for the weight limits to be increased for the back seat anchors.
Related: