Posts Tagged ‘Boston’
Filmmaker Explores Painful Consequences of Texting While Driving
We want to share a story we heard on NPR this morning. Texting while driving remains one of the leading safety hazards on our roads today, despite years of public service announcements, educational campaigns and media stories of tragedy.
German filmmaker Werner Herzog has now released a new and less traditional public service announcement. In an in-depth 35-minute film, he speaks to victims, families, law enforcement and drivers who made the mistake. In one case, he shows the daughter of a victim reunited with the driver who killed her father. In another case, a woman who was seriously injured by a texting driver faced more than a million dollars in medical bills.
The film is called, “From One Second to the Next,” and can be viewed below. It is part of the AT&T “It Can Wait” campaign.
In the NPR interview, Herzog said: “The message is very, very simple. Don’t text and drive.”
https://www.youtube.com/watch?v=_BqFkRwdFZ0
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Bicycle Helmet Vending Machines Coming to Boston
Safety is about to get more convenient for Boston cyclists. The City of Boston is bringing bike helmet vending machines here later this month.
Boston is the first U.S. city to offer this service and the goal is aimed largely at helping riders of the Hubway bike share program. The city, in partnership with Alta Bicycle Share, launched Hubway in 2011. Today, there are more than 1,000 rental bikes in Boston and also Cambridge, Somerville and Brookline.
The first bike helmet vending machine will open Aug. 26 at a ribbon-cutting ceremony outside the Boston Public Library in Copley Square. It will be attached to a Hubway bike station. Other vending machines will be installed in additional areas.
How Will It Work?
Cyclists will be able to purchase or rent the bike helmets. Cyclists can either buy a helmet or pay $2 to rent a helmet for up to 24 hours (pricing is still being finalized). After that, their credit card will be charged to buy the helmet for about $20 (pricing is still being finalized there too). When helmets are returned, they will be taken to a warehouse for inspection and cleaned before going back into the machines. The helmets were designed by HelmetHub, formed by a group of MIT students as a class project.
Next Step a Boston Bike Helmet Law?
Massachusetts only requires cyclists who are 16 years old or younger to wear bike helmets. But in many areas, they are encouraged for all riders as protection against head injury.
One study reported 80 percent of bike share riders in Boston are not wearing helmets. The study by Beth Israel Deaconess Medical Center researchers reported the same figure for Washington D.C. Riders who owned their own bikes wore helmets about half the time.
The City of Boston has worked to encourage bike helmet use by subsidizing helmets for $7.99 and making them available at stores throughout the city. City officials announced a few months ago that their long-term goal is to pass a bike helmet law for Boston, which would require cyclists of all ages to wear helmets in the city.
Our Bike Helmet Donations for Children
The Boston bicycle accident lawyers at Breakstone, White & Gluck have over 90 years combined experience representing injured cyclists. We are proud supporters of the Boston cycling community. In 2013, we donated 1,000 bike helmets to children through programs such as Mayor Menino’s Boston Bikes Roll It Forward, CYCLE Kids of Cambridge, the Somerville Kiwanis Club and Winter Hill Community School and the Dedham Bike Rodeo.
If you have been injured in a cycling accident, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Swimming Pool Safety for Families
Many of us will spend the last few weeks of summer by the pool, with family and friends, at a slower pace. Relax and enjoy it, but also remember you have responsibilities if young children are around the pool. When a child is left unsupervised, tragedies can happen quickly, sometimes within seconds. In fact, a child who is submerged under water can lose consciousness within just two minutes. Within four to six minutes, permanent brain injury can occur.
Swimming pool drownings are preventable. If parents, family and friends at the pool work together, you can keep swimming a safe and fun experience for young children.
Our injury attorneys share a few safety reminders:
Watch Young Children. Never leave your child alone in the water or near the water. That includes kiddie pools. At the pool, set aside all distractions: your cell phone, magazines and engaging conversation.
Take a Break from Distraction. If you become distracted or fatigued while watching your child, take a break. Ask them to come out of the pool for a little while.
Swim with your Child. Practice “touch supervision” with young children and keep them within reach at all times. As your child gets older, enroll them in swimming lessons. Make a point to get in the pool with them regularly. You can evaluate their strength as a swimmer best from the water and show them how to handle the water around other children.
Swim with a Buddy. Make sure your child knows they must always swim with someone else.
Lifejackets and Floats. Flotation tubes and rafts are not intended to support your children. To give your child extra protection, explore the U.S. Coast Guard website for information on personal flotation devices.
Lifeguards. At community pools, take note of the lifeguard stations and ask how many lifeguards are on-site. But do not rely on the lifeguards. Watch your own children.
Explain the Safety Rules to Your Child. Explain the rules of pool safety often to your child so they understand your priority is to keep them safe.
Not a Parent? If you are not a parent, listen to what your friends or relatives are telling their children. Be aware of their concerns and try to help create a safe pool environment.
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Toys Recalled in Summer 2013 Pose Choking Hazard, Injury Risks
If you have young children, you have probably logged a few hours watching them play this summer. This joy of parenthood comes with an important responsibility: to make sure their toys are safe.
In the United States, the Consumer Product Safety Commission (CPSC) regulates the toy industry. Toys for children 12 and under are required to pass third-party testing and certification, but each year, defective toys still make it to store shelves and cause serious injuries and deaths. In 2011, more than 260,000 children were treated for toy-related injuries in the hospital emergency room and 13 were killed, according to the CPSC.
If you are a parent, be vigilant. Start by inspecting your children’s toys every time they play. Check the age labeling. Make sure they are no small parts that pose a choking hazard. When in doubt, set the toy aside and have your children play with something else.
Another way to protect your children is to stay informed. You may not see every toy recall on the TV news, but can visit the CPSC website and social media sites for news on toy recalls. A few recalls from this summer include:
Baby Einstein Musical Motion Activity Jumpers
Kids II voluntarily recalled about 400,000 Baby Einstein Musical Motion Activity Jumpers earlier this month. Another 8,500 activity seats have been recalled in Canada. The toy is linked to 61 injuries.
The hazard is when infants reach out and play with one of the attached toys (the toy with the smiley face), it rebounds back.
Kids II received 100 incident reports, including the 61 injuries. Injuries included bruises, facial lacerations and a 7-month-old boy who sustained a lineal skull fracture. In one case, an adult suffered a chipped tooth.
Kids II, which is based in Atlanta, Georgia, is the product importer. The toy was manufactured in China prior to November 2011. Kids II will replace the defective part for consumers for free. Many models were sold at Target, Toys R Us and Amazon.com between May 2010 and May 2013. Recall notice.
Kolcraft Jeep Liberty Strollers Kolcraft recalled 96,000 strollers in the United States after 39 reports of defective wheels. The inner tube can rupture, causing the wheel rim to fracture and fly off as a projectile. The reports included 18 injuries, most of which occurred when an adult attempted to fill a tire with air. Children and adults reported suffering lacerations, abrasions and contusions.
The stroller was manufactured in China. Kolcraft Enterprises, Inc. of Chicago, Illinois was the product importer. It was sold at Burlington Coat Factory, Sears and Toys R Us and other retailers from June 2010 to June 2013 for between $150 and $180.
Consumers are advised to stop using the defective stroller and contact Kolcraft for free replacement wheels. Recall notice.
“Buff Baby” Baby Rattles
In June, Fred & Friends announced the voluntary recall of 47,500 “Buff Baby” baby rattles in the United States. The rattles, which are designed to look like a dumbbell weight, are designed for children 3 months and older. The rattles were recalled because they pose a choking hazard to young users. The cap can separate and expose the plastic pellets inside to infants. Fred & Friends received two reports of this happening, but no injuries.
The rattles were sold in specialty toy and baby stores nationwide and in Canada, as well as online through Amazon.com and other websites from October 2011 through June 2013.
Consumers are advised to stop using the rattles and contact Fred & Friends for a full refund. Fred & Friends, which is located in Cumberland, Rhode Island, is the distributor. The toy was manufactured in China. Recall notice.
Thermobaby Bath Seats Recalled Due to Drowning Hazard
The Aquababy Bath Ring was recalled after the CPSC determined it does not meet federal safety standards. The product is supposed to hold children secure in the bath, but the design poses a risk for tipping over.
SCS Direct Inc. of Milford, Conn. voluntarily recalled 7,500 of the bath seats. There were no injuries involved in this recall. The seats were designed for children five months to ten months old. It was sold through Amazon.com. Consumers are advised to stop using the product and contact SCS Direct for a $35 refund. Recall notice.
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Amusement Park Accidents are Investigated Differently in Massachusetts and Texas
Student Athlete Concussions Not Being Reported by Massachusetts High Schools
Only 31 percent of Massachusetts high schools and middle schools complied last year with a state law mandating reporting on student athlete concussions. State officials are hoping for greater compliance when new figures come due August 31.
In 2010, Massachusetts passed a law aimed at identifying and preventing concussions among student athletes. Under the law, 689 public and private schools were required to report data for the 2011-2012 academic year. However, only 213 schools submitted figures, and those figures showed that 3,450 students had suffered a head injury or suspected concussion in sports. The figures were recently reported in The Boston Globe.
To encourage reporting this year, the state has changed its form to make deadlines appear more prominent and provide definitions for data.
Massachusetts Law
A concussion is a mild traumatic brain injury caused by a force to the head, such as a fall or car accident. Symptoms typically include headaches, dizziness and memory problems. Left untreated, it can result in long-term brain impairment. In recent years, focus has been on preventing concussions in sports at every level, from the National Football League (NFL) to high schools down to Pop Warner football leagues.
Massachusetts is one of 47 states which have passed so-called “return to play” laws since 2009. The state of Washington passed the first concussion in sports law in 2009.
The Massachusetts sports concussion law requires students, parents and coaches to receive annual training to recognize the signs of a concussion. Students who sustain a concussion are required to sit out and obtain a doctor’s written permission to return to the game.
As a final step, schools must report figures to the Massachusetts Department of Public Health (DPH). Public schools and those subject to the rules of the Massachusetts Interscholastic Athletic Association (MIAA) must comply with the law.
Sports and recreational activities cause 3.8 million concussions each year in the United States, according to the Centers for Disease Control and Prevention (CDC). When an athlete suffers a concussion, they become at risk for suffering another one. Proper rest is important, and teenagers, along with older adults and young children, are believed to have longer recovery periods.
If you are the parent of a student athlete, summer is a good time to learn about the law. Ask your child’s coach when the school will hold concussion training sessions. You can also read a summary of the Massachusetts sports concussion law.
Related:
State revises concussion reporting after weak response from schools, The Boston Globe.
Product Liability: Retailer Fined $3.9 Million for Illegal Sale of Children’s Clothing with Drawstrings
Last month, a discount retailer agreed to pay one of the largest fines ever issued by the Consumer Product Safety Commission (CPSC). The civil penalty settles allegations over illegal sales of children’s clothing with drawstrings.
The CPSC announced that Ross Stores, based in Pleasanton, California, agreed to pay a $3.9 million penalty and implement compliance programs. From January 2009 to February 2012, the CPSC alleges that Ross Stores knowingly failed to report that it sold or held for sale about 23,000 children’s upper outerwear garments with drawstrings at the neck or waist.
Under federal law, manufacturers, distributors, and retailers must report to the CPSC within 24 hours of learning about a defective product which may create a substantial product hazard. They must also report those which create an unreasonable risk of serious injury or death or fail to comply with CPSC regulations.
In July 2011, the CPSC issued a final rule and determined that children’s upper outerwear garments in certain sizes present substantial product hazards. The ruling should have taken the majority of children’s clothing with neck, hood and waist strings out of stores.
Ross Stores has now been fined twice over drawstring clothing for children. In 2009, it paid a $500,000 fine for failing to report it sold garments between 2006 and 2008.
The CPSC has received over two dozen reports of children suffering injury and wrongful death when clothing drawstrings get caught on playground equipment or vehicle doors. Since passing its 2011 rule, it has issued 8 recalls. In 2011, the CPSC also fined Macy’s $750,000 for selling children’s upper outerwear with drawstrings.
Related:
Ross Stores Fined in Sales of Defective Clothing, New York Times
Massachusetts Boating Accidents Increased in 2012
For Massachusetts boaters, a day on the water resulted in more injuries last year, according to state figures.
In 2012, Massachusetts saw 68 reported boating accidents, resulting in 17 deaths, according to the state Executive Office of Energy and Environmental Affairs. This was an increase from 2011, when there were 46 reported boating accidents and 9 deaths.
Nationally, there was a significant decrease in reported accidents. In 2012, 651 boating accidents were reported, down from 758 in 2011, according to the U.S. Coast Guard.
Massachusetts Environmental Police enforce the state’s boating laws and investigate recreational boat accidents on coastal and inland waters, except private lakes and ponds and those smaller than 10 acres. If you are in a boating accident involving personal injury, death or property damage over $500, you are required to report it.
Our Boston injury attorneys offer these safety tips for boating off Boston Harbor, Cape Cod or your favorite spot:
Wear life jackets. Many drownings and accidents result from failure to wear life jackets or not having appropriate life jackets onboard. In Massachusetts, children under 12 are required to wear life jackets on boats at all times and boats must have one life jacket on board for every passenger.
Life jackets are required for users of personal watercraft, such as Jet Skis.
Avoid alcohol. Avoid alcohol consumption while operating a boat. Alcohol use is involved in up to half of teen and adult deaths associated with water recreation, according to the Centers for Disease Control & Prevention.
Operating a boat under the influence is against the law in every state in the United States. In Massachusetts, the criminal punishment can include imprisonment, fines and a loss of motor vehicle license and boating registration for one year. If a boater causes serious bodily injury to another person, they may be imprisoned for up to 10 years and fined up to $5,000.
Training. The state’s Boat and Recreation Vehicle Safety Bureau offers training, which is mandatory for younger boaters but available to others as well.
Avoid swimming areas. In Massachusetts, boaters are prohibited from operating within 150 feet of shorelines used as swimming areas. You must stay more than 75 feet away from floats and markers that line designated swimming areas.
Beware of other boaters. Travel the permitted speed (generally 45 miles per hour on inland waters) and slow down as you approach other boaters. Your boat’s wake can cause another boat operator to lose control or injure the passengers.
Traveling with passengers. Do not exceed your boat’s passenger limit. Ask all your passengers to wear life jackets, especially young children. When you refuel your boat, ask your passengers to step off the boat. Make sure you have the right amount of food and water.
If you are traveling with children, explain the safe areas to sit, how to properly board the boat and what they cannot touch.
Aging or broken boat equipment. Before each season, have your boat checked for equipment failures. The Coast Guard offers free vessel checks or you ask your local boatyard. You can also check the government boat recall database.
Boating at night. It is best to boat during daylight, but if you go at night, make sure you have the proper navigation lights and limit your passengers so you can focus on operating the boat.
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Related:
State Environmental Officials Urge Residents to Follow Safe Boating Practices, Executive Office of Energy and Environmental Affairs.
Massachusetts Boating Law Summary, Executive Office of Energy and Environmental Affairs.
Breakstone, White & Gluck Donates 175 Helmets to Somerville Bike Safety Day
Bike Safety Day in Somerville is always a great way for children to kick off a summer of safe bicycle riding. This year, Breakstone, White & Gluck was pleased to participate, donating 175 helmets to the Somerville Kiwanis Club for distribution to children from the Winter Hill Community School. Over 130 children were fitted for helmets that day and the school was given the rest to give students individually as needed.
Above photo includes: John Welch, Winter Hill School Re-Direct Officer; Somerville Police Officer MaryAnn Manfra; David Blumsack, Somerville Kiwanis Club Event Organizer; attorney David White of Breakstone, White & Gluck; George McLean of the Somerville Kiwanis Club; Nancy Bushnach of the Somerville Kiwanis Club and Ellen O’Brien of the Somerville Kiwanis Club.
The event is hosted annually by the Somerville Kiwanis Club and was held at the Winter Hill Community School playground on June 22. Children who registered in advance came out with their bikes for a free inspection, helmets and reflectors. Children and parents then had to test out their new skills on bike safety obstacle courses.
As part of the event, children registered their bikes with the Somerville Police Department and were given fingerprinting kits.
The helmet donation was part of Breakstone, White & Gluck’s Project KidSafe, launched this year. To date, our firm has donated over 900 helmets and is on track to donate 1,000 by the end of summer.
Our Boston lawyers have donated helmets to children in need through these programs: Boston Bikes’ Roll It Forward program, CYCLE Kids in Cambridge, Boston Cyclists Union and the Dedham Bike Rodeo. Bikes Not Bombs of Jamaica Plain was given a monetary donation to support its youth programming.
Above: Attorney David White of Breakstone, White & Gluck of Boston.
Below: Somerville Police Office MaryAnn Manfra.
Take Extra Precautions with Propane Gas Grills This Holiday
For many of us, Fourth of July celebrations start with a barbecue grill. Many are powered by a propane gas tank and require special care in handling. Propane is an invisible, but highly flammable gas which can trigger an explosion if it leaks and comes into contact with fire.
When grills are not properly used or maintained or are left unattended, accidents can occur. There are several safety concerns associated with grills, including propane leaks, cooking burns and fires. In the last year, there have also been a few product recalls involving grills.
Propane Gas Leaks and Explosions
Protect your propane gas tank from leaks. Take care when transporting it to your refilling station. Place it in a secure box and return it immediately home after filling it. Have it inspected annually by a qualified professional.
Store the propane gas tank outside your home. Also keep it away from your garage or any deck attached to your home. These areas may seem safe to use because they are not living areas, but according to the U.S. Fire Administration, more than half of all residential grilling fires in the U.S. begin on porches, terraces, exterior balconies and similar areas.
Grilling Burns and Structure Fires
When grilling, the safest solution is to stay outside your home or apartment building, as far away as you can.
This protects your home as well as your guests and young children who are too often victims of grilling burns. According to the National Fire Protection Association, children under age 5 accounted for about one quarter of all thermal burn injuries in 2007. Many of these burns occur when children are curious and touch or bump up against the grill.
If you live in an apartment building or multi-unit dwelling, you may also want to check with your property manager and city and town offices for additional information. Massachusetts state law does permit use of propane grills on first floor porches only, but some cities have gone a step further. For instance, the city of Boston does not permit either propane or charcoal grills above ground floor porches. Grilling on rooftops is not permitted either.
Before heading out to the grill, review the manufacturer’s instructions first. If you no longer have the instructions, check if they are available on the manufacturer’s website.
Use long-handled grilling tools and avoid wearing loose clothing. Work neat and remove grease and fat build-up from the grills.
Finally and most important, never leave the grill unattended. If you need to step away for a minute, finish up your cooking and turn the grill off.
Grill Recalls
Check the Consumer Product Safety Commission and your manufacturer’s website to see if there have been any recalls involving your grill. When a grill is recalled, you may be asked to return it to the manufacturer or retailer for a refund or be given instructions to replace a part.
In April 2012, more than 87,000 gas grills sold in the U.S. were recalled by One World Technologies, and another 1,400 in Canada. The company offered consumers a replacement regulator after receiving 569 reports its grills were leaking propane gas. The defective grills were sold at Home Depot stores nationwide and Directory Tools Factory Outlet stores from March 2011 through February 2012.
No injuries were reported at the time of the recall.
Another recall came in November 2012, when 37,000 Master Forge Gas Grills sold at Lowe’s Stores were recalled due to fire and burn hazards. In that case, consumers were asked to contact the manufacturer, Guangdong Vanward Electric Co., Ltd., of China, for revised instructions and a warning label that showed how to properly install the hose and regulator.
At the time of the recall, the manufacturer reported two reports of hoses melting and rupturing, but no injuries. The defective product was sold at Lowe’s stores nationwide from November 2011 through May 2012.