Posts Tagged ‘“Boston personal injury lawyer”’
Tips for Keeping a Safe Swimming Pool in Massachusetts This Summer
Your swimming pool is your backyard oasis, a fun and refreshing place to beat the heat. To keep children and others safe this summer, we urge Massachusetts property owners to secure and properly maintain pools at all times. Take these steps now to help prevent injuries and drownings:
Secure your pool. In Massachusetts, pool owners are required to have fencing which stands at least 48 inches tall. Openings in the fence must be less than 4 inches in diameter. All doors to pool areas must have self-latching and self-closing devices. Homes with doors which open into the pool area must use pool alarms.
Walk around your pool fence now to look for areas which have been damaged. Make repairs right away.
Plan your pool barriers. Slow children down at every opportunity. Safety covers for pools and hot tubs are physical barriers and visual reminders which help keep children out. Remove pool ladders when you leave the pool. Lock them in pool sheds or other secured areas.
You can also place strategic barriers between your house and the pool or your neighborhood and your pool. For example, you could plant tall shrubs to restrict the line of sight from the street.
Landlines, not cell phones. Bring cell phones to the pool just in case. But set them aside so you don’t become distracted by them. Instead, rely on your portable landline phone. This is the best way to call 911. In Massachusetts, 911 calls made on cell phones are typically routed to State Police, then to a local police department or emergency response. You have to assume State Police do not know your location information until you tell them and this may delay response time.
Pool alarms. Purchase a pool alarm that will sound if anyone enters the pool area. There are many different types of alarms, including those which are triggered by movement in the water and others with wristbands you can put on your child. Do your research online and visit your local pool store for ideas.
Supervise children and teach them to swim. If you have children, teach them to swim as soon as you can. Sign them up for swim lessons each year so they continue to grow stronger. Sign yourself up for CPR and review the steps each summer.
Swim with young children, keeping them within your reach at all times. Supervise your children in the pool. If you have to leave the pool area, wait to leave together. No one else will ever watch your children with as much focus as you do.
Guests at your pool and your home. Limit the number of guests you invite to your pool and your home. If you are swimming with guests, your goal is to eliminate as many distractions as possible so you can watch your children and others swim. If you invite children, invite parents too. Watch children closely before and after they enter or exit the pool area.
You always have to be on guard if you invite people over, even if you are not inviting them to use the pool. If a young child was separated from their parents for whatever reason, could that child make it past your pool fence?
Set up an age-appropriate pool area. As children grow, each year is different. Try to delay some of the steps when it comes to the pool. For instance, you can remove your diving board so children will not be tempted. Many pool owners, even those without children, have chosen to retire diving boards because of the risk for serious head injuries if someone slips or hits their head.
Hold off on taking your child into the deep end until they are strong enough. Do not let anyone bring toys with small strings, cords or small pieces into the pool area. Remove rafts which are floating unattended so you can see every inch of the pool.
We are not saying don’t enjoy your pool. Just take it one step at a time and evaluate how you keep and secure the pool area on a regular basis.
Flotation devices. Invest in pool life jackets for your children. Make sure they are “Coast Guard approved.” Check online for reviews and product recalls on the Consumer Product Safety Commission website.
Preventing Drownings and Injuries
As a pool owner, you have a responsibility to keep your pool safe and clear from hazards to guests and children. If someone is injured in your pool due to your negligence, you could be held liable for their injuries.
- Drowning is the second leading cause of unintentional injury death for children age 1-4 (Centers for Disease Control and Prevention (CDC).
- Children under age 5 and those 15-24 have the highest rates of drowning (CDC).
- In 2014, there were 346 fatal drownings of children under 5 years old in the U.S., according to Pool Safely.
Young children are the most vulnerable around swimming pools. But they are not the only ones at risk around water. Summer comes and many of us let our guard down. Drownings can result when someone is swimming alone or without a lifeguard. According to the Centers for Disease Control and Prevention, about 4,000 people die each year by drowning. Adults can reduce the risk for injury by swimming in pairs and avoiding alcohol consumption when they swim. Teenagers should only swim with supervision.
The bottom line is pools are a responsibility. Drownings are 100 percent preventable. We must be vigilant all summer long to prevent drownings and it begins with keeping a safe and secure pool.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured in premises liability and swimming pool accidents. If you have been injured, learn your legal rights. For a free consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney Ronald Gluck Interviewed by Boston Magazine, Says Video Footage Shows Truck Driver Was Responsible for Dr. Anita Kurmann’s Death
Attorney Ronald E. Gluck was interviewed by Boston Magazine about the truck crash that killed his client, the late Dr. Anita Kurmann. Gluck said he had to wait 20 months after the truck’s collision with the cyclist to obtain the video surveillance from the Boston Police Department. While the Boston Police Department found the truck driver was not responsible, Gluck said his investigation found the truck driver caused his client’s death. Gluck negotiated a financial settlement with the truck driver and his insurance company on behalf of Kurmann’s estate in June 2017.
Attorney Ronald E. Gluck is speaking about the video footage of the 2015 truck crash that killed his client, Dr. Anita Kurmann.
Twenty months after the fatality occurred, the Boston Police Department completed its investigation and concluded that the truck driver was not responsible for the cyclist’s death. The video footage, which came from a traffic camera at the intersection where the tragedy occurred, was in the hands of the police the day the incident occurred. Yet, the Kurmann family and their attorney had to wait twenty months to see the video and to obtain any witness information from the police department, Gluck said. Multiple subpoenas sent to the police were met with a refusal to produce the information until the police concluded it investigation.
“One of the most difficult aspects of the case was that Anita’s family had to wait twenty months to obtain the video footage showing how the incident occurred…Families should have the right to know the facts in these situations,” he said.
Gluck said his own investigation found that the truck driver was responsible for Kurmann’s death.
“Once we were able to obtain a copy of the video and have it analyzed by a highly qualified expert, that expert provided compelling evidence that the conclusion reached by the Boston Police Department was wrong,” Gluck said.
Within 2 months of obtaining the video and witness accounts of the fatality, Gluck was able to demonstrate that the tragedy was caused by the truck driver’s negligence and negotiated a financial settlement with the truck driver and his insurance company on behalf of Kurmann’s estate. The settlement was reached in June 2017.
Gluck added, “I have great respect for the Boston Police Department, but we believe they got it wrong in this case. The truck driver caused the fatality, ending the life of a talented surgeon and devoted family member.”
MassBike also conducted an investigation into the case and concluded that the death resulted from the truck driver’s negligence.
Dr. Kurmann, a 38-year-old endocrine surgeon from Switzerland, was a leading research scientist at Beth Israel Deaconess Medical Center and Boston University School of Medicine. She was hit on an August morning on the corner of Massachusetts Avenue and Beacon Street. The truck driver kept going, but was located out of state later that day.
Gluck has represented plaintiffs in personal injury cases for more than 35 years. He specializes in cases involving catastrophic injury and death resulting from trucking and motor vehicle collisions, bicycle and motorcycle accidents and pedestrian injuries.
Gluck was interviewed in Boston Magazine’s May 2018 issue, for an article called “What Happens When You Kill a Bicyclist?”
More NFL Players are Self Reporting Concussion Symptoms
Professional football players face a high risk for concussions, far greater than most of us. But Rob Gronkowski’s concussion a few weeks ago was a reminder that concussions can happen when we least expect them, even in the middle of a big game. And when they do, the game must stop.
Much has changed over the past decade, as hundreds of former NFL players have sued over head injuries. Every state now has a concussion protocol for student athletes. In Massachusetts, students, coaches and parents are now trained to recognize concussion symptoms and how to respond. But others should also be aware of the risks. Beyond the playing field, concussions can happen in car accidents, construction accidents, falls and other situations.
Concussions are a mild Traumatic Brain Injury (TBI) which are often caused by an impact to the head. Concussions can be hard to recognize at first, with some initial symptoms mirroring the flu.
According to the Centers for Disease Control & Prevention (CDC), symptoms include:
- Headache or pressure in the head
- Temporary loss of consciousness
- Nausea and vomiting
- Fatigue and dizziness
- Confusion
- Slurred speech and/or a delayed response
Other symptoms may take a few hours or days to show, including poor concentration, memory problems, personality changes and sleep disturbances.
The NFL has specialists watch players for concussion symptoms. Last year brought a 16 percent increase in concussion reports. Yet there was one positive. Players self reported and initiated 28 percent of concussion evaluations in preseason and the regular season. This was up 9 percent. The NFL released these preliminary figures in January.
Though it was hard to see the Patriots fall in the Super Bowl, the increase in self-reported concussions is still a win. Here are some tips for concussion prevention beyond the football field:
Sports
Passed in 2010, Massachusetts’ concussion safety law requires students, parents, coaches and anyone involved in high school sports to be trained on how to identify the symptoms of a concussion. Students must be taken out of the game if they are injured and cleared by a doctor before they can return. Schools are required to report the number of concussions to the state.
This law provides a good foundation for educating the public about concussions and will protect students. If you are not a parent or student, you can find information about concussions online. The Mayo Clinic offers this resource.
Car Crashes
A high-impact traffic crash can cause head injuries and bruising you may not immediately see. Always receive medical treatment after a car accident. If you were traveling with a young child, it is essential. They may not be able to communicate the nature of their injuries. This is critical because car accidents are the leading cause of TBI-related deaths among children and young adults ages 5 to 24, according to the CDC.
Falls
Falls are the leading cause of TBI, with children and the elderly the most vulnerable, according to the CDC. Nearly half – 47 percent – of all individuals with TBI injuries who go to the emergency room, hospital or die have fallen.
There are a few steps you can take to prevent a concussion from being left untreated.
Adults who care for elderly parents can talk to them about the risks associated with falls and symptoms of a concussion.
First, let your parent know they should visit their medical doctor or an emergency room immediately after a fall. Then, do not assume they will. Many people are reluctant and unsure about going to a doctor. Let your parent know they can always call you and you will drive them.
Parents can protect young children by gating off staircases and laying down slip guards to prevent slips and falls. This is especially important for wooden staircases.
Stay informed about concussion policies at schools and daycare programs. Make sure your emergency contact information is up to date so the school can always reach you. On playgrounds, make sure your child is playing over soft material, not pavement. Give them an extra hand when venturing on new equipment for the first time. Steer them toward something else if they are not quite ready.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing clients in cases involving traumatic brain injuries. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676 or use our contact form.
After Child’s Death, Another Safety Warning: Keep Hoverboards Out of Your Home and Away From Your Loved Ones
We saw the worst that can happen last week in Harrisburg, PA when a hoverboard caught on fire in a family’s home, claiming the life of a three-year-old child.
The hoverboard reportedly ignited while charging, destroying the home. The three-year-old girl died at a local hospital and two other girls were left in critical condition. The girl’s father and a teenage boy were treated for smoke inhalation.
This tragedy was compounded by another death; a local firefighter was reportedly killed in a motor vehicle accident while driving to the fire, the victim of an alleged drunk driver who now faces charges.
This is the first hoverboard fire to claim a life, though we have heard plenty about the product’s dangers. The hoverboard is a self-balancing electric scooter with no handlebars. You may anticipate injuries such as falls and broken bones. But the greater risk lies with the explosive lithium-ion battery packs, which have caused massive fire damage and now a child’s death.
Airlines, Retailers and the Federal Government
Airlines, retailers and the federal government have all taken action against hoverboards.
In December 2015, several major airlines banned hoverboards, dashing the hopes of last-minute holiday shoppers who wanted the cool new toy celebrities were riding all over social media. The airlines said the lithium-ion batteries could cause a fire onboard, and manufacturers were not providing consistent information on the size and power of batteries.
Over the next few months, hoverboards ignited and burned two homes to the ground, including one in Nashville. As her father watched, a teenager was forced to jump from an upstairs window.
Shortly thereafter, Amazon and Best Buy stopped hoverboard sales (at least temporarily). By July 2016, half a million hoverboards were recalled. Amazon was then named as a defendant in a $30 million lawsuit for selling the hoverboard responsible for the Nashville blaze. As the seller of the allegedly defective hoverboard, a retailer may be found liable for selling a defective product under most state product liability laws.
Hoverboard Recall
The July 2016 recall covered hoverboards from 10 manufacturers, all made in China. Consumers were urged to stop using the products immediately and return them. Check online to see if you have a recalled hoverboard.
According to a Consumer Product Safety Commission (CPSC) spokesman, the agency has investigated more than 60 hoverboard fires since Fall 2015. Massachusetts has seen several hoverboard home fires, including in Chelmsford and Somerville, according to The Boston Globe.
For all the dangers, hoverboards are still being sold. In 2016, the CPSC worked with UL, a global product safety testing organization, to develop new standards for hoverboards. Time will tell if the new generation is any safer. For now, hoverboards are a product to keep out of your home and far away from your family. Please share our blog with anyone who has a hoverboard or wants to buy one.
Results for Clients in Product Liability Claims
Free Legal Consultation 800-379-1244
Read about Attorney David W. White’s $1.15 million product liability award for his client who was seriously injured by defective fitness equipment.
With over 100 years combined experience in product liability cases, the attorneys of Breakstone, White & Gluck have obtained numerous awards for clients injured by defective products. Our attorneys are known throughout New England for our results in these cases and have been consistently recognized as Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers.
Safety Checklist: Check Your Baby Strollers and Other Children’s Products Before Spring
As Spring approaches, parents will be reaching for outdoor toys and children’s equipment. Baby strollers are one of the first products to come out.
Before you use a stroller, check for loose or worn parts. Then find out if the stroller has been subject to a product recall or caused injury. You can check online now on the Consumer Product Safety Commission website.
Baby Stroller Recalls. We started with baby strollers because there have been several baby strollers recalled in the past year, including Britax, Aria Child and Phil & Teds strollers. Britax has actually issued two sets of recalls over the past 15 months, one for 60,000 strollers in January 2016 and another for more than 700,000 strollers in February 2017.
In December 2016, Aria Child recalled 29,000 strollers, instructing consumers to stop using the products and contact the company for a free replacement. Five consumers were pinched by the hinge mechanism of the $180 stroller. Four of these consumers needed stitches for cuts. In addition, 71 strollers malfunctioned, by folding unexpectedly during use. Twelve adults and children suffered bumps or bruises. One adult fell and fractured a wrist and elbow.
In February, Britax Child Safety Inc. recalled more than 700,000 strollers, including the Britax B-Agile and BOB Motion strollers. The strollers had defective mounts which attached to the car seat carrier. Britax received 44 reports of car seats detaching and 26 injuries including scratches, bruises and bumps to the head. More than 1,300 receiver mounts on strollers were damaged. Britax has instructed parents not to use the strollers with the travel system and to contact the company for a repair kit.
Check for Other Recalls. As consumers, we are not always aware of recalls, especially if products are passed down or are not registered with the manufacturer. Make it an annual routine to check on product recalls each Spring before your child starts using them.
Checklist of Toys and Children’s Products to Check for Safety Before Spring
Dressers. Ikea recalled 29 million dressers in June 2016, following the deaths of six children. The Consumer Product Safety Commission recommends parents always secure dressers to a wall.
Lane Furniture. The Lane Furniture recall of cedar chests is a painful topic for many people in Massachusetts. We only include it here as an example of a product which has been recalled, yet continues to harm consumers.
In 2014, two children from Franklin, Mass. tragically suffocated while playing and becoming trapped in a Lane Furniture cedar chest which had been recalled because the latch was unsafe. This was not the first time a child was killed. According to the Consumer Product Safety Commission, 34 children have become trapped and died in similar chests since 1996. Lane Furniture had first recalled 12 million of the cedar chests in 1996. But many chests are likely still in use with the dangerous latch in place, in homes, in storage and consignment shops. They are so dangerous because they are nondescript and would not stand out to many consumers.
Car Seats. Car seats or child passenger safety seats are a source of frustration for many parents. If you are struggling with yours, check online to see if it has been recalled. Millions of parents were impacted by the Graco car seat recalls in recent years. The buckles in these car seats were defective, forcing parents to cut the straps to free children in some cases.
Outdoor Toys to Check. This time of year, make sure to also check for recalls related to swingsets, bicycles, pools and other outdoor toys. Even if these products are not recalled, carefully inspect them. They age; repair any broken pieces. Throw away products which are broken and could cause injury. Remember, if a product can harm your child, it can cause someone else injury. Take it apart before you throw it away.
Conclusion
In a perfect world, you would not have to inspect your children’s products periodically or check for product recalls. Manufacturers have a responsibility to properly design and test products and should take those steps. When they do not, they can be found liable for injuries resulting from defects. They may also be subject to government investigation and fines.
About Breakstone, White & Gluck
The Boston product liability attorneys at Breakstone, White & Gluck have over 100 years combined experience representing those injured by defective products and medical devices. In recent years, we have obtained settlements of $1.15 million and $2.5 million for individuals injured by defective products or products which were misused.
If you have been injured, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Toy Safety Reminders for Holiday Shoppers
Many of us will shop for a child this holiday season. Do your homework first, so you purchase gifts which are both safe and fun to use.
Each year, children and young adults are seriously injured or killed while playing with dangerous and defective toys. We should be able to trust that the toys we purchase from reputable stores are safe, but that is not always the case. In 2015, there were an estimated 185,500 toy-related, emergency department-treated injuries and 11 deaths to children younger than 15 years old, according to the Consumer Product Safety Commission (CPSC). Riding toys, specifically non-motorized scooters, were associated with the most toy-related injuries.
Before you shop, here are a few tips:
Check out the CPSC recall page. Check the recall page before you shop. You can search for a specific toy, by manufacturer or in several different useful ways.
Read labels. Look for labels with age recommendations and follow them. If you shop online, double check the age recommendation and other labels once you receive the product box. What you see on the computer screen may not be what you actually receive.
Read the Top 10 Worst Toys 0f 2016 list. Take time to read this list and make sure not to buy any toy mentioned on it. Another toy to note: the Tonka 12V Ride-On Dump Truck. It has not been recalled, but Toys R Us has pulled it off shelves after one of the toys caught fire in Bellingham, Washington over the weekend.
No small pieces. Do not buy toys with small pieces for small children under three years old. Consider every part, even things such as small plastic eyes and noses on stuffed animals and dolls which could become loose.
Plastic film. If you purchase toys with mirrors or similar surfaces, remove the protective plastic film before giving the gift to a child. It is a choking hazard.
Avoid magnets. Do not purchase toys or adult gifts with small magnets. If a small child swallows two or more magnets, they attract in the stomach. Surgery may be required to remove the magnets and the child may suffer very serious complications. Thousands of children have these suffered these injuries and required surgeries. At least one child died in recent years, according to news stories.
The CPSC and companies have recalled many of the popular magnet toy sets in recent years, such as Buckyballs toys, and strengthened federal standards. But some are still sold. Steer clear of any product with small magnets. Once they are brought into a house, small pieces can fall under furniture or other areas and stay there for years until they are discovered by a child. They are hard to thoroughly clean up.
Electrical toys. Children should use toys with electrical components under adult supervision and follow age recommendations. Before you buy an electrical toy, check with a child’s parents to see if it is appropriate.
Cords and strings. Do not buy toys with long strings for infants and young children. A child can wrap a long string around his or her own neck and strangle themselves.
Batteries. Do not purchase toys which operate with small circle button batteries.
Balloons. Children can suffocate from balloons and the CPSC advises against letting children younger than 8 play with balloons. One risk is a child can swallow a balloon or suck it in while blowing it up. After the balloon pops, a child can also choke on the broken pieces.
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Free Bike Helmets for the Children at Framingham Earth Day Festival Last Weekend
Photo left to right: Bill Hanson, chair of the Framingham Bicycle and Pedestrian Advisory Committee, volunteer Maura Kelly, Framingham police officers and Attorney David W. White of Breakstone, White & Gluck.
Breakstone, White & Gluck, the Framingham Bicycle and Pedestrian Advisory Committee, and the Framingham Police Department teamed up and gave away 120 bicycle helmets to children last weekend at the 5th Annual Framingham Earth Day Festival.
Breakstone, White & Gluck donated the helmets through our Project KidSafe initiative and attorney David W. White participated in the event, along with advisory committee members, including Bill Hanson, chair of the advisory committee, member Joseph Repoli, volunteer Maura Kelly and Framingham police officers.
Framingham Earth Day is held on the Framingham Centre Common and each year the event grows. It began in 2011 with 55 vendors encouraging residents to make eco-friendly choices. This year, nearly 100 vendors turned out. Breakstone, White & Gluck first participated in the festival last year.
Through our Project KidSafe initiative, Breakstone, White & Gluck has donated over 3,500 bicycle helmets to children in the Boston and Worcester areas. We expect to have donated more than 6,000 bicycle helmets by year’s end. Our goal is to encourage children to wear a bicycle helmet every time they ride.
Cyclists of all ages should wear bicycle helmets to protect themselves from a serious head injury. But bicycle helmets are especially important for children, and they are required to wear them by law in Massachusetts.
Children suffer more than half of all bicycle-related injuries and deaths which require emergency department care each year, according to the Centers for Disease Control and Prevention (CDC). Some 26,000 of these bicycle-related injuries to children and teenagers are traumatic brain injuries treated in emergency rooms.
Watch this video on how to properly fit a bicycle helmet or visit our bike safety web page.
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For Parents: Treat Your Child’s Sports Injuries Properly and Take Steps for Prevention
April is National Youth Sports Safety Month, an annual event sponsored by the Stop Sports Injuries organization.
All parents of young athletes fear sports injuries – and there are a large number out there. A 2013 ESPN article reported that more than 21 million children and teens (between ages 6 and 17) are playing organized sports in the U.S.
But a large number of children and teens are also playing, then quitting because of injury. Some 29 percent of boys quit due to a health problem or injury and 27 percent of girls quit for the same reason, according to ESPN’s report.
A few other noteworthy figures:
- Roughly 2.7 million kids under age 20 were treated for sports and recreation injuries between 2001 and 2009.
- There was a 62 percent increase in the number of children under 19 who were treated for traumatic brain injuries (TBIs).
- Football concussions among children age 10 to 14 more than doubled from 2000 to 2010.
Sports programs are a big part of many children’s lives. The experiences will shape them into adulthood and should be enjoyed. But parents, children and coaches must also remember the rules of safety and learn the symptoms of a concussion and the proper ways to treat a head injury.
Symptoms of a concussion may include headaches, dizziness, trouble concentrating, amnesia surrounding the traumatic event, confusion or feeling in a fog, ringing in ears, nausea, vomiting, slurred speech, delayed response to questions and fatigue. Other symptoms may set in later, including memory and concentration problems, personality changes, sleep disturbances, psychological adjustments, depression and problems with taste and smell. When someone shows signs of these symptoms, they should receive immediate medical attention. But anytime a child suffers a concussion or head injury, they should be evaluated by a medical professional regardless of these symptoms.
Here are a few tips for parents:
Listen to Concussion Safety Information. Listen when your child’s coach talks about sports injuries and concussion prevention at the start of the season. In Massachusetts, middle school and high school sports coaches are required to provide training and prevention information related to concussions, under a state law passed in 2010.
Properly Warm Up. Make sure your child properly warms up, even if you drop them off late. Lack of proper warm ups make your child vulnerable to muscle and other injuries.
Football. Make sure your young football player properly warms up, takes proper precautions on those warm late August days to prevent overheating and is educated about symptoms of a concussion. This is important in all sports, but football players are especially vulnerable due to the high contact involved in the game.
Baseball and Softball. Make sure your baseball player properly warms up to protect against arm and shoulder injuries. Then make sure your child pays attention to the coaches and umpires and always focuses on the batter to avoid getting hit. Paying attention is more important than anything else in baseball because balls and bats are always moving quickly. Read more tips on our website.
Soccer. Players are vulnerable to head and other injuries from contact with the other team. Players are often running fast, with their full attention on the soccer ball, neglecting to see other players coming at the ball with just as much force. When someone gets hurt like this, they should step off the playing field and be evaluated by a coach or yourself.
For more safety tips, visit the Stop Sports Injuries website for more tips.
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Shop Carefully for Strollers, Car Seats and Holiday Gifts for Families
Ready or not, the holiday shopping season begins in earnest this week. Enjoy shopping for loved ones, but remember to buy with caution, especially when selecting toys and products used by young children. The Consumer Product Safety Commission (CPSC) recalled millions of unsafe toys this year, and also many of the most basic children’s products, including car seats, strollers and furniture. Shoppers should closely examine every purchase. Here are a few holiday shopping tips:
Check for recalls. Search the CPSC database to see if a specific product has been recalled. You can also search by company.
Here are some of the important ones to remember:
Graco Recalls. Graco recalled millions of car seats earlier this year because of sticky-buckles which were trapping children in the seats. Just last week, it also recalled 4.7 million defective strollers which can cause finger amputation. Graco recalled the 11 stroller models after 10 fingertip amputations and one finger laceration. The strollers were sold from 2010 until earlier this month at a number of retailers, including Target, Toys R Us, Walmart, Amazon.com and Walmart.com. Read the recall notice.
Furniture Recalls. Common home furniture also caused child injuries this year. In August, Ace Bayou recalled 2.2 million bean bag chairs after two children unzipped them, crawled inside and suffocated to death. Anyone with one of these defective chairs should call the company for a repair kit to disable the zipper.
Another serious recall impacted in Massachusetts. Earlier in the year, Lane furniture renewed its recall of wooden cedar chests after two children in Franklin became trapped in one and suffocated. The children had apparently been playing hide-and-seek and became locked inside. The company first recalled the chests in 1996, but millions of the defective chests are believed to still be in use without the necessary repair.
In the Massachusetts case, the children’s family is believed to have bought the used chest at a second-hand store more than a decade ago. Second-hand sales are challenging to regulate, as are families and friends who pass along used products to each other. This makes it important to know the characteristics of an unsafe product as well as specific products which have been recalled.
Buy age-appropriate. Read the age recommendation on toys and children’s products. Consider a child’s family. If you are buying for a child with younger siblings, buy something which is safe for all ages in the household.
Be careful buying online. After a product is recalled, it is against the law to sell it in stores or online. But some auction and online listing websites do not police private sellers closely. Avoid these sites when holiday shopping for children.
If you purchase through a merchant website such as Amazon.com, make sure you receive the right product and that it has the same age appropriate label and pieces as shown online.
Beware of suffocation and choking hazards. Avoid balloons, marbles and toys with small pieces which children can put in their mouth. Also avoid small magnets. Remember these things come with many toys, but they also come from other gifts and products that enter a home. For instance, the magnet desk sets which were so popular many years ago for adults turned out to be extremely dangerous for children. In some cases with the Buckyball magnet sets (which have been recalled), children found small magnets years after families brought the set into their home in hard-to-reach places, such as under a couch. Our point is: Please consider every gift carefully.
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Attorney Sam Segal Elected Treasurer of Massachusetts Bar Association’s Young Lawyers Division Board of Directors
Congratulations to our associate, Sam Segal, who has been elected treasurer of the Massachusetts Bar Association’s Young Lawyers Division Board of Directors for the 2014-2015 year.
Segal graduated from Northeastern University School of Law in the spring of 2010. He joined Breakstone, White & Gluck as an associate after completing a co-operative internship with the firm as part of his studies. He earned a double-major undergraduate degree with honors from Arcadia University in Pennsylvania.
At Breakstone, White & Gluck, he specializes in personal injury cases, including those involving car accidents, bicycle accidents, medical malpractice and construction accidents. He was selected as a Massachusetts Super Lawyers Rising Star for 2013. Segal has participated in Young Lawyers Division events for several years and also volunteers as an attorney-coach for the Cambridge Rindge and Latin School Mock Trial Team.
Breakstone, White & Gluck has long been active with the Massachusetts Bar Association. Attorney David White served as president for the 2007-2008 term. White and attorney Marc Breakstone have led Continuing Legal Education seminars over the years, in topics such as personal injury and how to start a solo law practice. The firm is also a sponsor at the annual dinner each spring.
We congratulations all the Young Lawyers Division Board of Directors. Read the full announcement.
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