Posts Tagged ‘attorneys’
Trampolines, Inflatable Slides Among Dangers At Swimming Pool
Every year, thousands of people in the U.S. die in drownings. Many of these are young children who drown in swimming pools. Last summer alone, nearly 140 children under age 15 drowned in swimming pools and spa tubs, according to the Consumer Product Safety Commission (CPSC).
While the risk of personal injury and wrongful death from drowning has long been known, new dangers have emerged at pools in recent years. As many homeowners have removed diving boards for safety and insurance reasons, many others are purchasing inflatable slides, sports nets and trampolines to enjoy by the pool.
Two recent Massachusetts cases touch on these risks. Last month, the Supreme Judicial Court ordered a new trial in Dos Santos v. Coleta, where the plaintiff was paralyzed in 2005 when he jumped off a trampoline and struck his head in a two-foot inflatable wading pool. The pool and trampoline were owned by his half brother, the defendant.
The SJC found the trial court judge provided improper instructions when he said the jury could stop deliberating if they concluded the danger of jumping off a trampoline and into the pool was “open and obvious.”
The SJC ruled that the trial judge should have also instructed that a property owner is not relieved from correcting such dangers in cases where they can or should anticipate that the dangerous condition will cause harm.
“Because we conclude that a landowner has a duty to remedy an open and obvious danger, where he has created and maintained that danger with the knowledge that lawful entrants would (and did) choose to encounter it despite the obvious risk of doing so, we now reverse,” wrote Justice Cordy.
The plaintiff, Cleber Coleta Dos Santos, had been playing with his young son on the trampoline when he attempted to flip off and into the pool at his half brother’s Framingham home. He suffered permanent paralysis. His half brother and sister-in-law owned the home, but had moved out a few days prior, leaving the trampoline positioned next to the pool where it could be used in the backyard. The SJC noted that the homeowner disregarded warnings printed on the side of the pool against jumping or diving into the pool.
The Banzai inflatable slide is another product which has caused injury and death in Massachusetts in recent years.
You should not see any Banzai slides for in-ground pools this summer. They were recalled in May 2012, after a woman’s death in Massachusetts and two reports of serious injury in other states. The inflatable slides were designed to sit on the edge of a pool so swimmers can climb to the top and slide down as water sprays. But the structure easily deflated, removing support for the user. It was also easy to knock down, even without windy conditions.
In 2006, a 29-year-old Colorado mother visiting Massachusetts fractured her neck and struck her head while using a Banzai inflatable slide. When she stepped up and started to slide, there was not enough support and her head hit the pavement near the edge of the pool. The slide had been partially deflated. The woman died the next day at a Boston hospital.
In October 2011, a jury in Salem Superior Court ordered Toys R Us to pay more than $20 million to the woman’s family, finding the Banzai slide did not comply with federal safety standards for swimming pool slides. Toys R Us had sold the product to the victim. Amazon.com – the website where the product was sold through – and manufacturer SLB Toys USA settled with the woman’s family after the trial began.
In May 2012, Walmart and Toys R Us recalled 21,000 Banzai slides for in-ground pools, asking consumers to return the product for a full refund. Banzai continues to sell inflatable slides and water castles which are stand alone.
Toys R Us recently appealed the case to the Supreme Judicial Court, arguing the the Consumer Product Safety Commission regulation cited by the woman’s family does not apply to inflatable pool slides, but only to rigid pool slides.
Massachusetts Snow Storm Safety Tips
In a few hours, a historic snowstorm is forecast to begin, blanketing Boston with 18 inches in many areas and 24 to 32 inches in some regions. Gov. Deval Patrick has urged the public to stay home, and directed non-essential state employees not to report to work. Many schools and offices have closed in response. The MBTA will close at 3:30 this afternoon and may remain shut down through the weekend.
With a few more hours, here are some tips to prepare yourself:
Have a Plan to Stay in Contact. Whether you live at home with your family or in an apartment on your own, have a plan to communicate with your relatives, landlord and others. Gather phone numbers for snow plow companies, neighbors and local police and fire departments.
Check Your Community Website. Your city or town should post emergency information for residents to follow during the storm, including plans for clearing snow, snow storm accidents and emergency notifications.
Keep in Touch Electronically. Charge your cell phone now and monitor news on TV and the Internet. Another source of information is to dial 2-1-1, the state’s telephone information call center during times of emergency. You can also sign up for electronic alerts from the state on your phone by clicking here.
Social Media. If you are on Facebook, you can follow MEMA, the Massachusetts Emergency Management Agency by visiting its page. If you use Twitter, the hashtag for storm updates is #MAStorm.
Gas Up. The lines at the pump may be long, but if you can, fill your car with gasoline. This will give you a way to charge your cell phone if your home loses power.
Food and Supplies. Make sure you have enough food and supplies to pass the weekend, including bottled water and flashlights. Also make sure you have any medications you may need.
Power Loss. We may lose power so set your appliances and gather supplies accordingly. Set your refrigerator to the coldest setting and have a cooler ready, so you can keep it shut as much as possible during the storm. Food can stay cold in a full refrigerator for up to 24 hours and in a full-packed freezer for 48 hours. Have non-perishable food on hand as well, such as granola bars.
Turn Off TVs and Other Appliances. If we lose power, unplug sensitive electronic equipment such as TVs, microwave ovens and computers. These can cause irregularities when power is restored. Leave a light on so you know power is restored.
Plan for a Heating Loss. Gather blankets and seal off unused rooms by stuffing towels in the space under the doors. At night, cover windows with extra blankets and sheets. Make sure you regularly eat.
Freezing Pipes. If pipes freeze, remove insulation, turn on all faucets and pour hot water over the pipes. With caution, you can also use a hand-held hair dryer on the pipes.
Clearing Snow. Keep up with clearing snow as much as you can in the early hours of the storm and after the storm, follow directions from state and local officials for clearing it from areas such as sidewalks.
Clear Snow from Furnace Pipe. Throughout the storm, make sure your furnace exhaust vents remains clear of snow to avoid a build-up of carbon monoxide in your home. This is essential even when you cannot clear your driveway and other areas because it could result in poisoning.
Related:
Winter Power Outage Safety Tips, Massachusetts Emergency Management Agency.
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Food Poisoning in Massachusetts, Six Other States Prompts Recall
A Minnesota company has recalled nearly 30,000 pounds of fresh ground beef products amid a seven-state Salmonella outbreak which has infected 33 consumers, including in Massachusetts.
Cargill Meat Solutions recalled the 29,339 pounds of ground beef packaged at its Wyalusing, Pa. operation Sunday, saying the food products may be contaminated with Salmonella Enteritidis. Hannaford Supermarkets is alerting consumers that ground beef purchased from its stores may be contaminated. The Maine-based grocer has stores in Massachusetts, including in Marlborough, Quincy, Lowell and Saugus.
The contamination was uncovered during an investigation into the Salmonella outbreak, said the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS). The 33 people with food poisoning came from Massachusetts, Maine, New Hampshire, New York, Rhode Island, Virginia and Vermont. Cargill packaged the meat for sale throughout the Northeast, but so far, Hannaford is the only store to alert its customers.
Hannaford is asking customers to look out for 85-percent ground beef produced by Cargill’s. They have “use or sell-by” dates between May 29 and June 16. The Salmonella Enteritidis outbreak strain is drug sensitive, meaning it can be treated with antibiotics.
Click here for more information on the Cargill ground beef recall.
Preventing Salmonella Food Poisoning
Salmonella is one of the most common types of food poisoning and it has many different strains. There are an estimated 1.2 million cases annually in the U.S., according to the Centers for Disease Control and Prevention. There are approximately 400 fatal Salmonella poisonings each year.
Salmonella causes diarrhea, abdominal cramping and fever among other symptoms, which typically emerge in between 12 and 72 hours. The elderly, sick and people with weakened immune systems are usually most vulnerable
Salmonella is transmitted when food or beverages have been contaminated with feces from animals or humans. It can result when food is handled by someone who has not washed their hands or during processing of animal products, such as beef, poultry, milk or eggs. After food is contaminated, Salmonella will expand if not refrigerated. Fully cooking meat will kill any Salmonella contamination.
You can prevent Salmonella food poisoning by refrigerating or freezing chicken, beef, poultry and eggs within two hours of purchasing. When handling food, wash your hands with warm, soapy water for at least 20 seconds. Use separate cutting boards for raw meat, fish and poultry and keep them separate from each other. Use a food thermometer to cook raw meat and poultry to safe temperatures for consuming, which is 160 degrees fahrenheit for beef and pork and 165 degrees for poultry.
Related:
- Salmonella, Centers for Disease Control and Prevention.
- Salmonella Serotype Enteritidis, Centers for Disease Control and Prevention.
- Cargill recalls more than 29,000 pounds of ground beef sold in Northeast over salmonella, CBS News.
- Media Advisory: Cargill Ground Beef Recall, Hannaford.
Motor Vehicle Accidents Increase When Teen Drivers Carry Teen Passengers, Study Reports
Among drivers, teenagers have long been known as the most likely to be involved in car accidents. But a new study released by AAA’s Foundation for Traffic Safety is now quantifying how much that risk increases when teen drivers travel with other teens.
The study relies on federal fatality statistics and shows the risk for a fatal motor vehicle accident increases by almost half when a 16- or 17-year-old driver has one teen passenger in the car. The risk for a motor vehicular fatality doubles with two passengers and quadruples with three or more.
During the past decade, many states have implemented graduated licensing laws which have increased training requirements for new drivers, while also placing restrictions on passengers and hours of operation.
The Massachusetts’ junior operator license law prevents drivers from carrying passengers under the age of 18 during the first six months of having a license. There is an exception for siblings.
The law further bans teen drivers under 18 from operating between 12:30 a.m. and 5:00 a.m. unless accompanied by a parent or guardian.
In 2010, the state of Massachusetts strengthened junior operator restrictions when it banned the practice of texting while driving for all drivers. While most drivers face a fine for first-time offenses, teens face heavier penalties of fines, license suspensions and are required to attend retraining classes.
Drivers age 18 to 20 report the most phone use during motor vehicle accidents, according to the National Highway Traffic Safety Administration (NHTSA). The age group is three times more likely to report they are reading or sending a text message or e-mail during a car accident than drivers over age 25. Reports of texting while driving drops significantly as age increases, the NHTSA figures show.
We urge parents to strictly enforce junior operator laws in their homes. In addition to helping teenage drivers get experience without distraction, preventing use of a family car in violation of the junior operating laws is one way to avoid claims for negligent entrustment of an automobile.
Related:
Motorcycle Accident Safety: Wearing The Right Helmet
For motorcyclists, the most effective way to prevent a brain injury is to wear a helmet. An unhelmeted motorcyclist is 40 percent more likely to suffer a fatal head injury in a motorcycle crash than one wearing a helmet, according to the National Highway Traffic Safety Administration (NHTSA).
In Massachusetts and 19 other states, wearing a motorcycle helmet is the law for all riders. Twenty eight other states have laws requiring certain motorcyclists wear helmets. Three states, including New Hampshire, do not require motorcycle helmets for any riders.
Helmet use has grown in recent years as safety education has increased and manufacturers produce lighter-weight helmets. Helmet use increased from 48 percent of U.S. motorcyclists in 2005 to 67 percent in 2009, according to the NHTSA.
If you are a motorcyclist, it is important to protect yourself from motorcycle accidents as well as comply with the law. Our Boston motorcycle accident lawyers share some background information and tips for purchasing your motorcycle helmet:
Types of Helmets. Be sure to buy a helmet which is specifically designed for motorcycling. You may use different helmets for other activities, but these do not provide adequate protection in case of a motorcycle accident.
There are three types of helmets: full-face helmets; three-quarter, open-face helmets and “shorty” half helmets. A full-face helmet covers your entire face and provides the most protection. It has a moveable face shield which protects your eyes from debris and face in a motorcycle accident.
A three-quarter, open-face helmet has many of the same features, minus the face and chin protection of a full-face helmet. If you use an open-face helmet, it is recommended you also use a snap-on face shield or a pair of safety goggles when you ride.
The last type of helmet, a “shorty” half-helmet is not recommended by most safety organizations. It protects very little of your head and is the most likely to come off when you ride.
Safety Ratings. Since 1980, all adult-sized helmets for highway use have been required to meet the Department of Transportation (DOT) standards. Make sure your helmet has a DOT sticker before you purchase. The Snell Memorial Foundation is another safety testing laboratory for motorcycle helmets, though this rating is voluntary for helmet manufacturers.
Helmet Size. Most helmets are marked small, medium, large or extra large. Fit is important so measure your head at the largest circumference and contact your manufacturer to ask what size that measurement fits.
The goal is to avoid buying a helmet which is too large and can fall off. Here are a few things to note. The cheek pads should touch your cheeks without pressing uncomfortably. On full-face helmets, press on the chin piece. The helmet or face shield should not touch your nose or chin. There should be no gaps between your temples and brow pads. If the helmet has a neck roll, it should not push the helmet away from the back of your neck.
Replacing and Caring for Helmets. Follow the manufacturer’s instructions for caring for your helmet. It is best to use mild soap, water and a soft cloth. Avoid any petroleum-based cleaning fluid, which can cause the helmet to decompose over time.
Replace your helmet if the face shield is scratched as this will obstruct your view when riding. You should also replace your helmet if you’re involved in a motorcycle crash or if you notice any damage. Otherwise, many manufacturers recommend replacing your motorcycle helmet every two years.
Related:
- What You Should Know About Motorcycle Helmets, Motorcycle Safety Foundation
- Motorcycle and Bike Helmet Use Laws, Insurance Institute for Highway Safety
The Boston motorcycle accident lawyers at Breakstone, White & Gluck have over 80 years combined experience handling motorcycle accident cases in Massachusetts. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.
Bicycle Accidents Can Be Prevented If Everybody Follows the Law
Bicyclists have returned to the road in large numbers as Boston enjoys an unseasonably warm March. It is an optimal time for drivers to make sure they understand a bicyclist’s rights in Massachusetts and remind themselves to be vigilant when sharing the roadway. And for bicyclists, it is a good time to review the rules of the road.
As drivers, we often watch out for other cars, but fail to do the same for pedestrians, motorcycles or bicyclists. In some bike accidents, drivers do not even see a bicyclist until just before the collision, and sometimes not at all. Other times, we may not understand the laws or are not focused on the road.
What drivers should know about a cyclist’s rights in Massachusetts:
- Bicyclists are allowed to travel on the same roads as drivers (unless the road is a limited access highway) and must follow the same laws.
- Cyclists should generally ride on the right side of the road, but may use the full lane or the left lane when turning to the left, and cyclist may travel two abreast in the lane. They should not impede traffic.
- Many communities, such as Boston, Cambridge and Somerville, offer bike lanes or Shared Lane Markings (also known as Sharrows). Bicyclists are encouraged, but not required to use them.
- When drivers are turning left, they must yield right of way to any bicyclist.
- Cyclists are allowed to pass traffic on the right. Left turning motorists should be particularly aware at intersections where cyclists passing traffic on the right may be hidden from view.
- It is against the law for individuals to open a car door and interfere with the travel of a bicyclist. Drivers and passengers should turn and check for bicycle traffic before opening doors.
- Divers can only pass a cyclist if there is sufficient room. It is illegal to cut bicyclists off after passing. The driver must wait until there is enough room to move back into the lane to avoid causing a bike accident.
Of course, bicyclists must also follow the rules of the road. There are some laws that apply to bicyclists only. For example:
- Cyclists are required to use hand signals to indicate their intention to turn, except when doing so may cause a bicycle accident (for example, when both hands are needed for braking).
- Cyclists have to stop at red lights and stop signs. They cannot ride the wrong way on one-way streets. Bicyclists should ride in the same direction as traffic in their lane.
- Bicycles should be equipped with reflectors and a warning device, such as a bell, and if ridden after dusk or before dawn, must be equipped with appropriate lighting.
- Bicycles cannot be ridden on the sidewalk in a business district. Towns may have additional ordinances about where bicycles can and cannot be ridden.
Drivers and cyclists who have more questions can access information about Massachusetts bicycling laws and safety from MassBike. The Boston-based advocacy organization supports the development of bike-friendly infrastructure throughout the state and offers cycling education and safety programs.
Related:
- Facts About Cycling in Massachusetts
- What Every Massachusetts Cyclist Should Know About Car Insurance
Halloween Safety and a Warning About One Candy
Halloween is a much-anticipated night for children across Massachusetts, who are excited about dressing up as ghosts and goblins, going trick-or-treating and attending costume parties. Parents have a responsibility to protect children by talking to them beforehand about appropriate behavior and dangers to avoid. Here, the Massachusetts personal injury attorneys at Breakstone, White & Gluck of Boston offer tips to help parents and all adults keep the Halloween experience safe and fun for our youth:
- Never let young children go trick-or-treating without adult supervision.
- Take children for a test run of the trick-or-treat walking route during daytime hours.
- Remind children to look both ways before crossing the street and to utilize crosswalks when possible.
- Parents and children should always walk on sidewalks.
- Children should carry flashlights or glow sticks and wear reflective tape.
- Watch out for trick-or-treaters! Drive below the speed limit in residential areas and do not pass stopped vehicles in the roadway.
- Inspect treats before consumption. Discard all homemade goods and candy that poses a choking hazard.
- At your home, leave candles, pumpkins and lanterns in a place where no one can trip and injure themselves.
- Make sure costumes are flame-resistant and will not cause children to fall or trip.
- Click here for information on safe costumes from the Consumer Product Safety Commission.
A New Warning About One Type of Halloween Candy
A new government warning issued this week caught many by surprise as families prepare for Halloween. The Food and Drug Administration (FDA) reported there is a link between black licorice and an irregular hearth rhythm. If you’re 40 or older, eating two ounces of black licorice a day for at least two weeks could land you in the hospital with an irregular heart rhythm or arrhythmia.
The FDA says black licorice contains the compound glyrrhizin, which can cause the body’s potassium levels to fall. This can trigger abnormal heart rhythms, high blood pressure, edema, lethargy and congestive heart failure.
The good news? Licorice lovers can enjoy their candy in moderation. And if you have ever enjoyed too much licorice and experienced health problems, they are unlikely to reoccur unless you once again eat more than the recommended licorice limit. The FDA says all health complications end when black licorice consumption stops.
Click here for more information about the FDA’s Oct. 25, 2011 warning about black licorice.
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