Posts Tagged ‘Massachusetts’
Swimming Pool Accidents Can Be Avoided By Owners’ Safety Steps
With the warm weather and pool season upon us, we wanted to take a moment to discuss important pool safety precautions to prevent injuries and drowning.
A swimming pool holds many risks for injuries, from defective equipment to unsecured locks. The biggest hazard, of course, is drowning. Drowning is the leading cause of death for young children ages 1 to 4 in the U.S. and the fifth leading cause of unintentional injury death for people of all ages. In children under 15, non-fatal drowning is more common than drowning. Non-fatal drowning happens when the brain loses oxygen due to submersion. This can cause brain damage and long-term disabilities.
In many cases, drowning and other pool-side injuries can be prevented if everyone using your pool is closely monitored at all times and your equipment complies with safety guidelines. The Boston personal injury lawyers at Breakstone, White & Gluck share these tips for pool owners:
Fencing. Residential pools must be secured by a fence at least four-feet tall. More than half of all swimming pool drownings among young children could be prevented by four-sided fencing that separates the pool from the house and yard. The fence should have self-closing and self-latching gates that open outward.
If your house serves as a fourth side of a fence around a pool, install door alarms and always use them.
Pool Alarms. Install pool and gate alarms to alert you when children go near your pool.
Drain Entrapments. Keep children away from drains, pipes and other openings to avoid entrapments. Purchase drain covers that comply with the Virginia Graeme Baker Pool & Spa Safety Act. The federal law covers pools which are open to the public, apartment complexes and hotels, but you can purchase these covers for your residential pool. Ask your local pool supplier or visit PoolSafely.gov.
Diving Boards. Never install a diving board for an above-ground pool. If you install one on your in-ground pool, make sure the water is at least 10 to 12 feet deep. Diving is a leading cause of neck and spinal cord injuries. Check with your insurance agent or insurance broker to see if any special precautions are required under your homeowners insurance policy.
Pool Inspection. Call your pool dealer or local board of health and ask for the name of a pool safety inspector.
Telephone. Always keep a telephone outside near the pool in case of emergency.
Glass. Never allow glass in or near the pool. Broken glass is dangerous in the area around the pool, but even more dangerous in the pool itself where it can be completely invisible. We know from the cases that we have handled that broken glass in a pool can lead to serious personal injuries.
Watch Children Swim. Always make sure someone is watching children swim. Assign at least one adult to the task of watching the children.
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Texting While Driving Case Highlights Dangers, Liability
A Haverhill teenager was sentenced to jail time this week for causing a fatal accident by texting while driving, raising the issues of painful consequences, criminal punishments and civil liability families can face for what is becoming an all-too-common practice.
The case was the first of its kind in Massachusetts, where a ban on texting while driving took effect in 2010. As the 18-year-old driver was sentenced this week in Haverhill District Court, the public learned what criminal punishments violators can face. But the public should also be aware of what they did not see in the media: If a teen causes a car accident, they and their parents might also be sued civilly and may have to pay their victims significant financial damages.
In cases involving injury and death, a parent who negligently entrusts a car they own to a teen who they have cause to know is texting behind the wheel may be found liable for negligent entrustment. If so, then the parent might be sued and forced to pay damages to a victim.
Case of Texting While Driving
On February 20, 2011, Aaron Deveau, 18, was driving in Haverhill and crossed the center line, striking a car driven by a 56-year-old New Hampshire man. The man died of his injuries a few weeks later, while his passenger, a 59-year-old Haverhill woman, was severely injured and left with physical disabilities.
After the man’s death, Deveau was charged with motor vehicle homicide and texting and causing injury. The motor vehicle charge carried a maximum sentence of two and a half years in jail and the texting and causing injury was punishable by up to two years. A Haverhill District Court jury found him guilty of both charges and Judge Stephen Abana sentenced him to the maximum penalty. However, Deveau will serve a year concurrently on both charges and the balance of the charges is suspended for five years. His license will be suspended for 15 years on the motor vehicle homicide charge.
Prosecutors have been able to charge negligent drivers with texting and causing injury since September 30, 2010, when the Massachusetts law banning texting while driving took effect. The law banning use of electronic devices while driving is M.G.L. Chapter 90, Section 13B. If drivers cause injury or death, they can be criminally charged under M.G.L. Chapter 90, Section 24(2)(a).
The law applies to all electronic communications, including sending and reading texts, sending and reading emails, and any sort of internet browsing. For non-criminal charges (if there is no accident or injury), the fine is first $100, then $250, and then $500. Insurance surcharges do not apply to the civil penalties.
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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:
Defective Bikes and Equipment List for Cyclists
Each spring, cyclists throughout Massachusetts say goodbye to winter and put their bikes back on the road. But whether you cycle every day or just occasionally, now is the time to make sure your bike and equipment meets the latest safety regulations.
It is good practice to test and inspect key parts of your bike, such as the quick release wheels, brakes and pedals.Then check with the manufacturer of your bicycle. Look online and see if if offers an owners’ manual. If you have not done so, register your bike so you may receive recall notices.
You can also check the Consumer Product Safety Commission (CPSC) website for recent bicycle recalls. Each year, the CPSC recalls hundreds of thousands of bicycles and parts after receiving reports of defects and injuries.
Here are a few recent bicycle and equipment recalls from the CPSC:
Recalled Bicycles. Some 91,000 Bridgeway Bicycles were recalled in September 2011 because of a defective bicycle chain which can break, causing the rider to lose control and fall. The CPSC received 11 incident reports, including injuries, lacerations and contusions. Read more.
Children Bicycle Seats and Trailers. Two of the largest bicycle-related recalls involve defective children’s equipment. Topeak Babyseat II Bicycle Carrier Seats were recalled in April 2012 after two reports of near amputations and crushed fingers. When a child is lifted out of the seat, their fingers can get caught in a defective hinge mechanism. The product recall affected 30,400 consumers. Read more.
In January 2012, 44,000 Chariot bicycle trailers and 70,000 trailer conversion kits were recalled after 24 incident reports around the world, including three in the U.S. The trailer’s hitch mechanism can crack and break, causing the trailer to detach from the bicycle. Read more.
Helmets. Little Tricky Bicycle Helmets recalled 30,400 bicycle helmets in January 2012. Product testing demonstrated the helmets did not comply with CPSC safety standards for impact resistance. Read more.
Click for a full list of recent bicycle-related recalls from the CPSC.
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SJC: Personal Injury Case May Proceed Against City of Newton
The Massachusetts Supreme Judicial Court has rejected an appeal by the City of Newton which attempted to claim an exemption from liability for personal injuries suffered by a softball player on one of its fields. The City claimed it was exempt from liability under the Recreational Use Statute, but the court ruled the statute did not apply.
The plaintiff in the case was a paying member of a softball league in Newton. While at a game one day in July, 2007, he was sitting in a grassy area, waiting for his turn at bat and watching the game. He heard a cracking sound, and turned to see a tree falling on him. He could not escape the falling tree, and suffered injuries to his back, shoulder blades, and other parts of his body.
The name of the case discussed is Marcus v. City of Newton, 462 Mass. 148 (2012), and was decided on May 7, 2012.
Click here to read our case summary and for a link to the opinion.
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Explosion Prevention for the BBQ and Grilling Season
When the warm weather returns, many people look forward to grilling and choose propane gas grills. While these grills offer many advantages, propane is a highly combustible hydrocarbon gas which is compressed into a liquid form and placed inside a tank. It can explode in certain conditions, such as in a fire or with a tank leak.
Some 6,500 barbecue grill fires injure Americans each year, accounting for a property loss of over $27 million, according to the U.S. Fire Administration, a division of Federal Emergency Management Agency (FEMA). The majority of these grill fires result from accidents and explosions related to malfunctioning gas grills.
Now as you set your grill up for the summer is the best time to learn how to properly clean and handle your propane gas tank and grill. The Boston personal injury lawyers at Breakstone, White & Gluck offer these tips to help you grill safely:
- Propane is an odorless gas with an odorant called ethanethiol added to help detect leaks. If you are near a propane tank and smell this gas, leave immediately and call your town’s fire department.
- Read the manufacturer’s instructions for your grill and if you need, contact customer support.
- Transport your propane tank to the refill station or hardware store in a standing position. Use a box or carrying case.
- Drive directly to and from the hardware store or refill facility. Do not make other stops.
- Store the propane gas tank outside your home with the grill and do not take it inside for any reason. This includes not taking it inside your garage or porch or leaving it on a deck attached to your home.
- Operate your propane gas grill and tank as far away from your home as possible.
- Most grills are now made with a safety device that prevents gas flow when the tank is disconnected. But always make sure your propane tank valve is closed when you disconnect to prevent fires and explosions.
- If you are having trouble heating your grill, do not keep raising the temperature. Check your manufacturer’s manual for instructions or call the company’s customer service phone number.
- Have propane gas equipment inspected periodically by a professional for possible leaks or malfunctioning parts. This will help prevent an explosion.
- Check your manufacturer’s manual for cleaning instructions. Turn the grill off and wait until it is cool. Lift the cover, inspect cooking surfaces and remove the cooking grids and spray with mild oven cleaner.
Related:
Propane Safety, National Fire Protection Association
What To Do After An Explosion
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Bay State Bike Week Starts Monday; How to Participate as a Cyclist, Pedestrian or Driver
Bay State Bike Week starts Monday, May 14 and runs through Sunday, May 20. The annual celebration features several days of activities and educational programs throughout Massachusetts.
MassCommute Bicycle Challenge
Each year, one of the most anticipated events is the MassCommute Bicycle Challenge. For this one week, employees, students and others participate in teams to see who can pedal the most miles in the name of reducing traffic congestion, helping the environment and making time for fitness. Click the above link for information on how to participate.
Massachusetts Bike/Walk Summit on May 17
One event to watch this year is the Massachusetts Bike/Walk Summit on Thursday, May 17 at the State House. The event is co-sponsored by MassBike and WalkBoston, which seek to pass the Vulnerable Road Users Bill. If passed, the bill would increase fines for motorists who kill or injure vulnerable users. The term “Vulnerable Road Users” would include pedestrians, a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates or non-motorized scooter.
The bill was filed in January 2011 and is now in the Joint Committee on Transportation. MassBike has until June 1 to persuade legislators to advance the bill. The bill is supported by WalkBoston, Massachusetts Public Health Association, Conservation Law Foundation, Boston Cyclists Union, and Transportation for Massachusetts. Click the above link for information on how to participate.
Other Events
Bay State Bike Week will feature events and activities for all ages throughout the state, from Boston to Worcester to western Massachusetts. Most events are open to the public for free and are a great opportunity to learn more about cycling and the growing opportunities in Massachusetts. Click the above link for the full calendar.
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Workplace Accidents Killed 58 Massachusetts Workers in 2011
Fifty eight workers lost their lives on the job last year in Massachusetts. The average fine in closed investigations into those deaths was less than $7,000.
The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) released the figure in its annual report at Workers’ Memorial Day on April 28. In “Dying for Work in Massachusetts,” the group reported firefighters and construction workers again account for the majority of workplace deaths in Massachusetts. The group called for reforms such as strengthening OSHA regulations to prevent construction accidents and passing new state laws to protect temporary workers.
“It is deplorable that so many workers still die or are severely injured in workplace accidents,” said Boston personal injury lawyer David White of Breakstone, White & Gluck. “Employers must be held accountable when they fail to follow safety requirements and cause injuries or deaths.”
Breakstone, White & Gluck is a proud sponsor of MassCOSH, an organization with a great reputation for protecting workers and improving workplace safety.
In 2011 in Massachusetts, the average fine in the death of a worker was $6,490. MassCOSH said this low cost encourages employers to disregard OSHA regulations.
The group noted there is no consistent trend in the number of worker deaths. But in 2011, the number of workers lives’ lost rose 11, up from 47 in 2010.
Thirteen firefighters died in 2011, two as the result of injuries sustained while responding to fires. Another firefighter was crushed while performing routine vehicle maintenance. Ten others died due to work-related cancer and heart disease.
Construction accidents accounted for eight wrongful deaths. Deaths were also reported in the human services and commercial fishing industries.
MassCOSH reports workers are dying in four ways: motor vehicle accidents and incidents; construction falls; workplace violence and drowning. Falls from ladders, roofs and trees accounted for 20 percent of all workplace deaths. Construction accidents were involved in 14 percent of workplace deaths, including three men who were killed in electrocutions and explosions.
MassCOSH Reforms
The advocacy organization for workers’ rights is calling on state and federal lawmakers to make a number of changes. These include:
Proposed Changes at the Federal Level:
- Strengthen OSHA regulations, with one measure including criminal prosecution.
- Overhaul OSHA’s system for regulating toxic chemicals.
- Better protect immigrant workers by increasing the number of bilingual investigators.
- Improve whistleblower protections.
Proposed Changes at the State Level:
- Full implementation of Executive Order 511, so all state agencies have committees which ensure national health and safety standards are being met.
- Make improvements to Massachusetts workers’ compensation laws so coverage is provided to all injured workers.
- Pass the “Temporary Worker Right to Know Law,” which would increase state oversight and ensure that temporary workers are provided written notice of job assignments, supervisors, wages and other key details.
Motorcycle Accidents Are Top Concern During Motorcycle Safety Awareness Month
May has arrived and as motorcycling season begins, the National Highway Traffic Safety Administration (NHTSA) is observing Motorcycle Safety Awareness Month.
The national initiative aims to encourage drivers and motorcyclists to “share the road” and highlights that motorcycles are vehicles with the same rights and privileges as any other motor vehicle on the road.
This is an important point because most motorcycle accidents involve passenger vehicles and trucks. Many motorcycle accidents result from a lack of understanding and awareness on the part of both or either party. Many times, drivers will say they fail to see motorcyclists until just before an accident.
In 2009, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash, according to the NHTSA. Motorcyclists were five times more likely to be injured based on miles traveled.
But motorcyclists can take a number of safety steps to protect themselves on the road. The Boston motorcycle accident lawyers at Breakstone, White & Gluck share a few motorcycle safety tips:
Wear a Helmet. Wearing a helmet is the best way to protect yourself from serious head injury. 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 NHTSA. Massachusetts is one of 19 states which require all motorcyclists to wear helmets. State law also requires all scooter and “low-power” riders to wear helmets.
Select a full-face helmet for the best protection. An open-faced helmet provides the next highest level of safety.
To select the right helmet, look for one which meets Department of Transportation (DOT) standards. All adult helmets are required to meet this standard and it will be clearly labeled on the helmet. The Snell Memorial Foundation is another well-respected testing organization to seek out, but helmet manufacturers are not required to meet its standards.
Take a Safety Class. Take an annual class on motorcycling safety to learn important techniques such as splitting lanes and how to handle road conditions such as uneven pavement and railroad tracks.
Wear Brightly Colored Clothing. Your goal is to make yourself as visible as possible to drivers during the day as well as night. Consider bright colors for your clothing and helmet.
Look in the Car’s Side View Mirrors. On the road, your best position is to be able to see the driver’s eyes in the side view mirror. If you cannot, you are in the vehicle’s blind spot, meaning the driver cannot see you in the mirror when he makes a driving decision.
Splitting Lanes. This is when a motorcycle moves in between two vehicles in separate lanes. Make sure you have the experience to make this move and make sure drivers around you are alert.
Avoid Riding in Inclement Weather. The risk for personal injuries increase in the rain and other bad weather conditions.
Related:
- Motorcycles, National Highway Traffic Safety Administration
- 7 Tips for Motorcycle Safety, Massachusetts Department of Transportation
- Motorcycle and Bicycle Helmet Use Laws, Insurance Institute for Highway Safety
- Motorcycle Safety Awareness Month Reminds Drivers, Riders to Share the Road, Consumer Reports
The Boston motorcycle accident lawyers at Breakstone, White & Gluck have over 80 years combined experience handling motor vehicle and motorcycle accident cases in Massachusetts. If you have been injured, it is important to learn your legal rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Recognized on Boston’s Top Rated Lawyers List
Breakstone, White & Gluck announces its lawyers have been recognized in the 2012 edition of Boston’s Top Rated Lawyers. The list was created by LexisNexis Martindale-Hubbell, which tapped its database of Martindale-Hubbell Peer Review Ratings to identify lawyers who have been given its highest rating of AV Preeminent. This rating is based on the confidential opinions of lawyers and members of the judiciary who have been invited to participate.
Attorney Marc L. Breakstone has been named to the General Practice list of top Boston lawyers. Attorney Breakstone has been recognized numerous times throughout his legal career. He has been named to the list of Top 100 New England Super Lawyers twice and to the list of Top 100 Massachusetts Super Lawyers five times. Attorney Breakstone has been named to the Massachusetts Super Lawyer list seven years in a row. He is a graduate of Northeastern University School of Law and specializes in personal injury, construction accident and medical malpractice cases. Click here to read his bio.
Attorney David W. White has been named to the Personal Injury list of top Boston lawyers. Attorney White has received numerous honors throughout his career. He has been named to the list of Massachusetts Super Lawyers eight times. He was twice selected to the list of Top 100 New England Super Lawyers and four times to the list of Top 100 Massachusetts Super Lawyers. Attorney White is a past president of the Massachusetts Bar Association and recipient of the Massachusetts Association of Criminal Defense Lawyers’ President’s Award in 2008. A graduate of Northeastern University School of Law, attorney White specializes in personal injury, medical malpractice and bike accident cases. Click here to read his bio.
Attorney Ronald E. Gluck has been named to the Civil Litigation list of top Boston lawyers. Attorney Gluck has been recognized numerous times during his professional career. He has been named to the list of Massachusetts Super Lawyers seven consecutive years. He has also been chosen for the list of New England Super Lawyers five times. Attorney Gluck specializes in catastrophic personal injury cases stemming from car accidents, construction accidents, public transportation disasters and medical device and pharmaceutical product liability. He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.
Click here to view this year’s list of Boston’s Top Rated Lawyers.
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