Posts Tagged ‘“Boston personal injury lawyers”’
Time to Think Back to School Safety
Heading back to school is always a big event, no matter how old a student is. Students look forward to meeting new teachers, starting new classes and being reunited with friends.
But all this activity brings safety concerns. Yet if parents, teachers and students recognize the risks and work together, the Back-to-School season can be an enriching time. Here are some tips to keep your children safe:
Playgrounds. Each year, more than 200,000 children are treated in U.S. emergency rooms for falls on the playground. The goal is to implement preventative measures in your playground and make it as safe as possible if falls do occur.
Start by inspecting playground equipment for any defective or broken parts.There should be a 12-inch depth of wood chips, mulch or sand. Mats should be made of safety-tested rubber or fiber material to prevent head injury if a child falls.
Drawstrings on Jackets and Sweatshirts. Many pieces of fall clothing come with drawstrings. Most people think nothing of these until a child endangers himself or a classmate, often unknowingly.
Prevent a dangerous situation where a child gets strangled. Remove drawstrings on hoods. Cut drawstrings from the waist or bottom of jackets, coats and sweatshirts to three inches.
Loops on Window Blind Cords. Visit your child’s classroom to ensure it’s a safe environment. Look at the windows to see if they have blinds with a long cord. If there are blinds with cords, this is a safety hazard. A child could strangle himself when the teacher’s not looking or swallow the plastic piece at the end of the cord.
Bikes. Many students ride their bicycles to school. It’s important for drivers to watch out for them, but parents also need to educate students on how to avoid bike accidents. The first rules is bike helmets. Massachusetts has a mandatory bike law for minors under 16. Beyond the law, bike helmets prevent and reduce head injuries should your child take a fall.
To learn more about school safety, visit the Consumer Product Safety Commission web page, “American Goes Back to School Program.”
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Massive Egg Recall Prompts Calls for Food Safety Overhaul
We urge government officials and farms to reconsider food safety measures after the recall of a half-billion eggs and the salmonella poisoning of over 1,300 Americans. And it is time for Congress to act on pending legislation that would strengthen the Food and Drug Administration’s (FDA) ability to protect the public.
Earlier this month, Wright County Egg of Galt, Iowa issued a voluntary recall of 380 million eggs on its five farms. Shortly thereafter, the FDA and the State of Minnesota identified Hillandale Farms in Iowa as a second source of contamination. Some 550 million eggs were recalled overall.
As the agencies investigate, many are calling for government reform on several fronts.
First, there is the problem of government oversight. The FDA has authority over shelled eggs sold in the grocery store. Yet the United States Department of Agriculture (USDA) has jurisdiction over chickens and any eggs cracked before shipping. Individual states also have inspection power of farms.
These agencies may have contradicting priorities and problems with coordination. In the case of Wright County Egg, the agencies lacked any knowledge of the others’ work.
A CBS News report shows state inspectors visited one of Wright County Egg’s sites in April, without reporting on 27 key inspection points, including questions about on-site birds, insects and rodents.
The report explains the state inspector saw no need because the farm was assigned a full-time USDA inspector. But the USDA claims its inspector was only responsible for measuring eggs and finding cracked shells.
“When you have multiple agencies in charge of a single issue, sometimes no one’s in charge,” Caroline Smith Dewall, Director of Food Safety at the Center for Science in the Public Interest, told CBS News. Click here to watch the CBS News video.
Another troubling point CBS News uncovered was the frequency of inspections. Shockingly, records obtained by the news outlet show the FDA has not inspected 56 percent of the nation’s food production facilities and farms in the past five years.
Consumers deserve better protection. The legislation that would address these issues is stalled in Congress. The legislation would increase the frequency of inspections and provide the FDA greater authority over food production sites.
The House passed a bill, but it has remained stalled in the Senate despite widespread, bipartisan support. The bill is essential so the Obama administration can continue to revise food safety regulations, including regulations that would improve the safety of egg production.
The Boston personal injury lawyers at Breakstone, White & Gluck support this legislation and encourage you to contact your United States Senator to urge the bill’s passage.
U.S. Senator Scott Brown
317 Russell Senate Office Building
Washington D.C. 20510
Phone: (202) 224-4543
U.S. Senator John Kerry
218 Russell Bldg.
Second Floor
Washington D.C. 20510
Phone: (202) 224-2742
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Keeping Kids Safe from Motor Vehicles in Warm Weather
For young children, summer is about warm weather, splashing around the pool and family daytrips. These activities often involve a motor vehicle and that, combined with a change in routine during which people may drop their guard, may present dangers. The key is for parents to educate themselves about potential motor vehicle accidents, then actively pay attention.
Hyperthermia and Heat Stroke
With many things on their minds, parents can quickly forget a child who is usually in school is in the backseat. Parents need to be extra careful in the summer not to leave children in the car unattended and should also avoid it in the cooler months.
If the outside temperature is 80 degrees, the temperature inside a vehicle can reach the 100 degree mark within minutes. The National Highway Transportation Safety Administration advises that even temperatures in the 60s can rise beyond 100 inside your closed-up car. Children’s bodies overheat much faster than adults and leaving the window open a small amount may not be enough.
Avoid leaving your child in the car unattended by placing your purse or briefcase in the backseat with your child. Also try writing yourself a note and placing it where you will see it when exiting the vehicle. At home, keep your keys out of your child’s reach.
Power Windows
Most new cars are built with power windows, a feature great for convenience but potentially dangerous for children.
Implementing strong rules protects your children. Never allow your children to be alone in your vehicle. Teach children not to play with automobile window switches. For your part, never leave the keys in the ignition when you are not there. Before purchasing, investigate vehicles with safeguards, such as power windows that automatically go down when a child’s arm gets in the way.
Motor Vehicle Backovers
Adults pulling vehicles out of driveways always need to watch for young children. But the need is greatest in the warm weather when children spend more time outdoors.
Parents and drivers must both work to keep children safe. If you are a parent, keep a close eye on your children. Teach them not to play around cars and to move away when a driver enters a vehicle to avoid a motor vehicle accident. Teach children not to leave their toys in the driveway. Drivers can back out of their driveways slowly and ask children to stand on the sidewalk.
Trunk Accidents
Children love to play and that sometimes leads them to the danger of a vehicle trunk. Because this can be deadly, parents must watch youngsters closely and teach children trunks are for cargo, not for playing.
Always lock car doors and trunks and keep keys out of sight. Keep the rear fold-down seats closed or locked to prevent your children from climbing.
Lastly, explain the dangers of playing in the trunk and show young children how to use the “glow in the dark” trunk release in case of emergency. Auto manufacturers have been required to install these releases in new vehicles since September 2001. If you have an older car, ask your local car dealer about retrofitting your vehicle with the release.
For more tips on children and motor vehicle safety, visit the National Highway Traffic Safety Administration website.
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Honda Recalls 384,000 Vehicles for Faulty Ignition Interlocks
Honda has recalled 384,000 vehicles for faulty ignition interlocks that allow drivers to shut off the engine and remove their keys before placing the vehicle into park.
The motor vehicle recall follows at least 28 complaints, 10 of which allege rollaway motor vehicle crashes. In one case, a female owner said she was almost into her house when she noticed her car rolling out of the garage. The car crashed into a cable box at the end of the driveway. In another case, an owner stated the vehicle rolled out of a driveway and crashed into a tree across the street.
One complaint involved a minor injury, Honda said in a statement.
The product recall announced last week involves 197,000 Accords and 117,000 Civics from 2003 and 69,000 Honda Elements from 2003-2004.
Honda has recalled vehicles for similar problems in 2003 and 2005. In those cases, the recalls involved Accords, Odysseys, Acuras and Preludes.
If your vehicle is involved in the Honda recall, you can visit the company’s recall website at www.recalls.honda.com or call its recall center at 800-999-1009, option 4. By calling the recall center, you can determine if your vehicle is actually impacted by the recall. Due to a production change during the model years, Honda said some of the vehicles may not have the ignition problem.
Honda expects to mail recall notices in late September and start the process of repairing vehicles. Motor vehicle repairs will be free.
Until then, concerned drivers may contact their local dealer, but Honda said they have not received replacement parts yet.
To read a Christian Science Monitor article about the recall, click here.
To read the National Highway Transportation Safety Administration alert on the recall, click here.
To read Honda’s statement on the recall, click here.
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Shedding an Important Light on Pool Safety
A recent Boston Globe editorial sheds an important light on how to prevent pool drownings.
The editorial points out that many states already have strong pool safety laws. For example, Massachusetts and nine other states have laws requiring fencing around pools. Safety groups also recommend pool gates be self-closing, self-latching and equipped with an alarm. Angelo Puppolo Jr., a state representative from Springfield, has further proposed mandating motion-detecting pool alarms and other safety measures.
The Consumer Product Safety Commission calls these steps, “layers of protection” and it’s an important concept to think about incorporating into your backyard pool – regardless of whether you have children.
The Boston Globe editorial, however, points out pool safety goes beyond the “layers of protection” strategy. Here’s a startling statistic shared in the editorial: nine out of 10 children who drown are being supervised by a parent or caregiver at the time.
This means we need to rethink how we supervise children in the pool. Listening while a child plays in the pool may not be enough. Drowning children are struggling to breathe, unable to call for help. Rather than splash, children will sink to the bottom of the pool.
When with a group of adults, the Consumer Product Safety Commission recommends designating someone the “pool watcher.” But with more than one child, the more eyes the better.
Read the Boston Globe editorial, “Pool Safety: Eyes on Kids at All Times,” Aug. 4, 2010
Read another Boston Globe article, “Drownings Put Focus on Pool Safety,” Aug. 7, 2010
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Be Safe in Massachusetts Pools This Summer
The warm weather is here and that means many Massachusetts residents can be found poolside. The pool is a fun spot for all ages, but it also poses safety risks. These risks can be reduced by the use of good judgment and common sense.
We want you and your loved ones to be safe. Sadly, each year, more than 300 children under 5 years old drown in residential swimming pools – often pools belonging to their own family. More than 2,000 children the same age are treated in hospital emergency rooms for pool-related injuries.
Here are common sense safety tips to help keep your family safe around the swimming pool:
- Learn CPR and make sure babysitters and older siblings have CPR training.
- Do not allow children to swim without supervision, even if they have attended swimming lessons.
- If a child is missing, check the pool first. Seconds count in preventing death or disability.
- Install a fence or barrier around your pool. The fence should be at least 4 feet high and have a self-closing, self-latching gate.
- If the fence is chain link, then no part of the diamond-shaped opening should be larger than 1-3/4 inches.
- Install a pool alarm to alert an adult when someone enters the pool area unauthorized. A key pad switch alarm allows adults to pass through without setting off the alarm.
- Keep rescue equipment and a phone with emergency numbers by the pool.
- If there are multiple adults at the pool, designate one person the pool-watcher to avoid distractions.
- Ladders leading from the pool to the ground or to a pool deck should be locked or removed when the pool is out of use.
- Remove toys that may attract children from in and around the pool when they are not in use.
Product Safety Alert: Maytag Recalls 1.7 Million Dishwashers
Maytag Corp. has recalled 1.7 million dishwashers across the United States, citing an electrical failure.The company, which is owned by Whirlpool Corp., issued the recall last week after 12 reports of electrical problems which pose a fire hazard.
Maytag recalled its Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley brand dishwashers with plastic tubs and certain serial numbers. The Consumer Product Safety Commission (CPSC) and Maytag officials say the electrical failures caused by the defective products have caused property damage.
“Product safety is a major concern here because we use our dishwashers daily,” said Boston product liability lawyer Marc L. Breakstone. “We advise consumers to immediately stop using the dishwashers and to have them repaired or to replace them as soon as possible.”
The 12 electrical failure reports included one case of extensive kitchen damage. No injuries have been reported in Massachusetts or other states.
The CPSC advised consumers to immediately stop using the recalled dishwashers and disconnect the electrical supply by shutting off the circuit breaker or pulling the fuse.
Consumers can obtain free in-home repair of the recalled Maytag dishwashers or a $150 to $250 rebate toward a new model. The Maytag dishwasher recall impacts models priced $250 to $900.
If you suspect your dishwasher’s involved in the product safety recall, click here for the full list of serial numbers and for how to obtain a refund or repair.
Motorcycle Safety Awareness Month Time for All Road Users to Think Safety
As Motorcycle Safety Awareness Month draws to a close, we ask both motorcyclists and automobile drivers to take a moment to think safety this summer.
Motorcycling continues to grow in popularity in Massachusetts and around the country, and so do fatal crashes between cars and motorcycles.
The National Highway Traffic Safety Administration (NHTSA) reports in 2008, motorcyclist fatalities increased for the 11th consecutive year. Some 5,290 motorcyclists lost their lives in fatal highway crashes. Almost 50 percent of all motorcyclists involved in fatal crashes collided with other motor vehicles. Over 90 percent of all fatal two-vehicle crashes involving a motorcycle and a passenger vehicle occurred on non-interstate roadways. About half of all fatal crashes between a motorcycle and a passenger vehicle occurred at intersections. Often the driver of the car or truck involved in the accident simply failed to observe the motorcyclist.
Here are some motorcycle safety tips:
- Wear a helmet. NHTSA statistics show you have a 29 percent better chance of surviving a crash than without a helmet.
- If you’re concerned helmets interfere with your ability to see and hear on the road, read this NHTSA study. It found helmets caused no substantial impact: drivers wearing helmets had to turn their necks only slightly farther at times and there was no significant difference in hearing.
- Remember to turn off your flash signal if it’s not self-canceling.
- Make sure you’re experienced enough to ride with a passenger. It changes the way the bike handles and requires more skill.
- Take turns slower than you think is necessary.
Here’s a few tips for passenger vehicle and truck drivers:
- Never drive while distracted.
- Remember a motorcycle has the same rights as any other vehicle on the road.
- Do not attempt to share a lane with a motorcyclists. Allow the motorcyclist a full lane width to maneuver safely to avoid motorcycle crashes.
- Remember to use your signals to change lanes or merge with traffic. Motorcyclists depend on those signals even more than other drivers.
- Check your vehicle’s blind spot! Motorcyclists are even easier to miss due to their small size.
- Don’t rely on a motorcycle’s flashing turn signal. They may not be self-canceling and riders sometimes forget to turn them off or can’t do so immediately due to road conditions. Wait to make sure the motorcyclist is really going to turn to avoid motorcycle collisions.
- Remember motorcyclists often change speed or adjust position within a lane suddenly in response to road and traffic conditions. Allow the motorcyclist extra room – at least three or four seconds.
Massachusetts Cities and Towns Need Strong Dangerous Dog Laws and Fines
A Lowell dog attack last week highlighted the need for communities to adopt strong dangerous dog laws and properly enforce them.
Last December, the Lowell City Council passed an ordinance defining a dangerous or vicious dog as one that has attempted a dog bite or dog attack on a person, has a tendency to threaten the safety of domestic animals or is involved in dog fighting, drug trafficking or gang activity.
Once a dog is deemed dangerous, its owner has to obey certain conditions to protect public safety. First, the dog must be kept indoors or in a locked pen. A sign must be posted warning the public that a dangerous dog resides on the property. If the dog is taken off the property, it must be muzzled and kept on a leash no more than 4-feet long. The dog’s owner must also hold $100,000 in liability insurance.
Dog owners found to be in violation are subject to fines up to $300. The real muscle behind the ordinance is each day of non-compliance is considered a separate offense.
“I have been called upon to represent children whose bodies have been disfigured by vicious attacks from dogs,” said Boston personal injury attorney Ron Gluck of Breakstone, White & Gluck. “In several of the cases, towns had leash laws that were violated by the dog owners. These violations by the dog owners were the direct cause of the serious injuries which will affect these children for the rest of their lives. The stronger the penalties for each violation, the safer children will be.”
Lowell also has a “potentially dangerous” dogs ordinance, which seeks to stop dogs who show aggressive behavior before an attack.
In the case of last week’s attack, David Spaulding was attacked by his own two 16-month-old pit bulls, Venom and Rampage. A neighbor broke down the padlocked fence to Spaulding’s backyard and threw pickets from the fence at the dogs.They eventually ran off and Spaulding was taken to the hospital with injuries to his head, arms and torso. The dogs were immediately euthanized.
The Boston law firm of Breakstone, White & Gluck is experienced at handling pit bull attack cases and typically sees cases of dogs attacking neighbors and children, not homeowners themselves. There are red flags about this attack that we don’t have enough information to address – including a newspaper report that the dogs had been involved in a previous attack of a puppy.
But the Boston lawyers at Breakstone, White & Gluck believe if properly enforced, Lowell’s dangerous dogs ordinance has the teeth to protect the public.
Read about a proposed Andover pit bull ban.
Mass Commuter Challenge and Bay State Bike Week Remind Us to Pay Attention on Roads
Commuters across the state have been pedaling their way to work, the grocery store and other destinations all week as part of Bay State Bike Week and the Mass Commuter Challenge.
Commuters pledged to step out of their cars from May 17-21 and pedal 175,000 miles to workplaces from Worcester to Boston to Plymouth and across the rest of Massachusetts.
The challenge was organized to promote a healthy, non-polluting and sustainable means of transportation. Breakstone, White & Gluck supports this mission but hopes the Mass Commuter Challenge also highlights another important point: that as more bicycles take to the road, drivers and bicyclists must be more aware of each other for safety’s sake.
There are far too many bicycle accidents taking place on the roads today. In 2008, 716 bicyclists were killed across the country and an additional 52,000 were injured in traffic crashes, according to the National Highway Traffic Safety Administration. The NHTSA numbers show that 69 percent of bicycle accidents occured in urban areas and 28 percent of accidents occured between the hours of 5 p.m. and 9 p.m. The majority of the accidents occured in June (9 percent) and September (12 percent).
What Drivers Can Do to Improve Safety
The laws have changed significantly in the last year. Drivers have many more responsibilities to avoid injuring bicyclists. The first step is to be aware that you need to check twice for a cyclist. When overtaking cyclists, you cannot turn right unless there is adequate room, and you must yield to on-coming cyclists when turning left. When passing, you must do so at a safe distance. And remember to pay attention even after you turn off your motor vehicle’s engine. Under Massachusetts bike safety laws, motorists and their passengers can be fined up to $100 for opening car and truck doors in the path of a bicyclist.
A final tip: Put down that cell phone and concentrate on the road!
What Bicyclists Can Do to Improve Safety
Bicyclists can remember that bright colored reflective clothing and helmets save lives. Massachusetts only requires individuals age 1 to 16 to wear helmets, but we advise adults to wear them as well to avoid head injuries. Cyclists must obey the same rules as automobiles when on pubic ways. One of the biggest causes of accidents to cyclists: traveling the wrong way on a one-way street.
For more information about events in Boston and the Springfield area, visit www.masscommuterchallenge.org or www.massbike.org.
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