Posts Tagged ‘“wrongful death”’
Child Passenger Safety Week Highlights Need to Protect Children
To parents, there is nothing more important than their children’s safety. In the car, safety starts with child passenger safety seats.
This week, the National Highway Traffic Safety Administration is observing Child Passenger Safety Week. This weekend is National Seat Check Saturday, an opportunity for parents to have their child’s safety seat inspected free of charge.
Motor vehicle accidents are the leading cause of death among children in the United States, according to the Centers for Disease Control and Prevention (CDC). Child passenger safety seats have been shown to reduce these deaths. For infants, child safety seats result in a 71 percent reduction in motor vehicle accident deaths.
All 50 states have child passenger protection laws. Violations are a primary offense in Massachusetts and 47 other states, meaning police can stop drivers solely for non-compliance. In Colorado and Nevada, child passenger safety violations are a secondary offense.
In Massachusetts, children must travel in a federally approved child passenger safety seat restraint until they are 8 years old or over 4’9″ tall.
Parents often use child safety seats incorrectly. In one study observing nearly 3,500 child safety seats, 72 percent were misused, according to the CDC. This increases the chance for motor vehicle accident injuries and deaths.
Massachusetts parents can ensure their child safety seat is properly fastened on Saturday, when police departments and not-for-profit organizations will provide free checks.
If you are a parent of a young child, click here to find an inspection station near you.
Click here for information on the Enhanced Child Passenger Safety Law in Massachusetts.
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Grill Safely This Independence Day
As families across the country celebrate Independence Day this weekend, many will enjoy tasty barbeques.
Family gatherings should be fun, but grilling can be dangerous without proper safety precautions. Each year, an estimated 3,800 people in the U.S. are treated in emergency rooms for burns, carbon monoxide poisoning and other injuries related to grilling, according to the Consumer Product Safety Commission (CPSC).
Grill safely with our tips for your holiday cookout:
- At the start of each season, inspect a gas grill’s hoses for signs of cracking, holes and evidence of animal bites or insects. Replace damaged parts.
- Make sure the grill is clean before using. Regularly clean it throughout the season as described in the owner’s manual.
- Always use grills outside.
- Never leave a grill unattended.
- Keep children away from the grill area. The outside surface of a grill can burn a children’s hands.
- If a grease fire occurs, turn off the gas grill and use baking soda or a fire extinguisher to put out the blaze.
- Never store or use flammable liquids such as gasoline near a grill.
- Check the CPSC website to make sure you are not using a recalled grill.
Charcoal Grill Safety
- There are several ways to start a charcoal grill, including starter fluid, charcoal chimney starters and electric charcoal starters. Choose one method and become knowledgeable about it before starting your grill.
- If you use a starter fluid, use only charcoal starter fluid. Never add charcoal fluid or any other flammable liquids to the fire.
- Store charcoal starter fluid out of reach of children and away from heat sources.
- When you are finished grilling, let the charcoals completely cool before disposing them in a metal container.
Propane Tank Grilling Safety
- Transport your propane tank to the refill station or hardware store in a standing position. Use a box or order a special carrying case. Do not let passengers hold the tank. Do not do other errands when you are getting your propane tank filled.
- Never take a propane gas tank inside the refill facility or your home because of the risk for a gas explosion.
- Be sure the propane tank valve is closed when you disconnect it from the grill. Newer propane tanks have a safety device that will prevent gas flow from the tank when it is disconnected. But it is still a good idea to make sure the valve is closed.
- When you connect your propane tank to your grill, if you see fog or smell gas, it is a sign of a leak. This means there is a risk for a gas explosion. Stop what you are doing, move your family away from the property and contact your local fire department.
- Another way to test for a propane tank leak before each season is to open the gas supply valve fully. Apply a soapy solution with a brush at the connection point. If bubbles appear, there is a leak. Try tightening the tank’s connection to see if the leak stops or contact a qualified gas professional.
Workers’ Memorial Day in Massachusetts Remembers Workplace Victims
Every year, Massachusetts families and organizations come together to honor the men and women who are killed and injured while on the job. This year, on April 28, the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), the Massachusetts AFL-CIO, and the Greater Boston Labor Council are co-sponsoring Workers’ Memorial Day and are publishing the 2011 report: Dying for Work in Massachusetts: Loss of Life and Limb in Massachusetts Workplaces.
“It is critical that Massachusetts employers improve the safety of their workplaces to protect their workers. The high rate of death and injury on the jobsite is still taking a horrible toll on Massachusetts workers and their families. It is also unfortunate that enforcement continues to suffer budget cuts,” said Boston personal injury lawyer David White.
As stated in this sobering report, its purpose is to “highlight the fact that work continues to kill and maim workers in epidemic and alarming numbers. The saddest aspect to this loss in lives and limbs is that work-related injuries and illness are preventable.”
The report describes in clear detail the tragedy facing Massachusetts workers and their families. In 2010 alone, 47 Massachusetts workers lost their lives while on the job. (Breakstone, White and Gluck has the privilege and honor of representing the family of one of these deceased workers in their claim for his pain and suffering and wrongful death while on the job.)
The top three causes of fatalities among Massachusetts workers in 2010 were transportation (12 deaths: drivers or workers on roads involved in motor vehicle accidents and plane/helicopter crashes), falls (9 deaths: half being construction site accidents), and commercial fishing (4 deaths).
On Workers’ Memorial Day, we honor the fallen by demanding stronger workplace health and safety protections under the Occupational Health & Safety Administration, because it is every person’s right to be safe in their own work environment.
Join us on Thursday April 28, 2011 from 12:15 to 1:15 p.m. outside the Massachusetts State House as we mourn for the dead and fight for the living.
Breakstone, White & Gluck is a proud sponsorof MassCOSH, an organization with a great reputation for protecting workers and improving workplace safety.
Salmonella in Alfalfa Sprouts Prompts Recall in Massachusetts
UPDATE
Jonathan’s Sprouts of Rochester, MA, has widened the recall of its sprout products due to Salmonella contamination. The recall now includes all sell-by dates, including its conventional, organic, and bulk products. The recall includes other sprouts, such as radish, dill, and gourmet mix. Check below for stores where these products were sold. Do not eat them! Return them to the store for a refund.
More information: FDA Recall Press Release.
ORIGINAL POST
The USDA has found Salmonella, a dangerous bacteria related to food poisoning, in Jonathan’s Alfalfa Sprouts products.
Salmonella, if ingested, can cause serious and sometimes fatal illness and infections in young children, frail or elderly people, and others with weakened immune systems. The symptoms of Salmonella include fever, diarrhea (possibly bloody), nausea, vomiting, and abdominal pain.
Jonathans Sprouts has issued an immediate recall of the following effected products:
- Jonathan’s 4oz Alfalfa Sprouts
- Jonathan’s 4oz Alfalfa with Radish Sprouts
- Jonathan’s 4oz Gourmet Sprouts
- Jonathan’s 4oz Alfalfa with Dill Sprouts
- Jonathan’s 8oz Alfalfa Sprouts
Window Blind Design Reconsidered After Numerous Infant Deaths
The Consumer Product Safety Commission (CPSC) has asked manufacturers to re-design window blinds so as to eliminate the risk of infant wrongful death from strangulation.
Window blind manufacturers have known about the problem for decades, starting with a federal study in the 1980s that tied 41 child strangulation deaths to drapery and blind cords. Since then, manufacturers have dragged their feet when it comes to improving safety.
And infants are still dying. The NY Times reports that in August 2009, Kathleen Leeson put her 2-year-old son down for a nap. A short time later, Ms. Leeson discovered her son hanging, lifeless, an inch off the floor with the window blind cord wrapped around his neck. Further, in 2002 1-year-old Cheyenne Kaiser was found by her mother strangled sitting up in her crib, which was next to the window, with the inner window blind cord wrapped around her neck.
The CPSC has released a safety alert for concerned parents explaining the risk of personal injury and wrongful death to children from the various types of window blind cords. In its safety alert, the CPSC makes four recommendations to help prevent these tragic strangulation injuries:
- Use only cordless window blinds in all homes where children live or visit;
- Do not place cribs, beds, or furniture close to windows where children can climb and gain access to the cords;
- Make all loose cords inaccessible; and
- In windows with looped bead chains or nylon cords, use tension devices to keep the cord taut.
Moreover, in response to the industry’s unenthusiastic attempts at improving product safety, a task force of regulators, consumer advocates, and industry leaders have come together to find a solution by the fall of 2011.
The CPSC has also warned the window blind industry that, if it cannot reach a solution soon to minimize these life-threatening dangers, it may face mandatory safety regulations.
Passengers Can Check a Bus Company’s Safety Record
A series of recent tour bus accidents has raised public concern about which motor coach companies can be trusted on the roadways. Each year, 750 million passengers board motor coach buses in the United States for school trips, recreational excursions and commuting to work. The advantage is the low-cost fare, but many passengers are now worrying about safety.
Dangerous Bus Accidents
On March 12, 15 passengers were killed in a bus crash on Interstate 95 in New York. The bus, operated by World Wide Tours, was transporting a group back from a Connecticut casino. The National Transportation Safety Board (NTSB) is still investigating, but says the driver was speeding.
Two survivors have filed personal injury lawsuits against the bus company, claiming negligence. One lawsuit was filed for $20 million in damages, while the other seeks $200 million.
The fatal bus accident was followed by three other bus accidents resulting in serious personal injuries and wrongful death. Just two days later, a tour bus crashed on the New Jersey Turnpike, killing the driver and one passenger. The Federal Motor Carrier Safety Administration is no longer allowing the company involved, Super Luxury Tours, Inc., to operate.
A week later, a bus carrying Korean tourists from Quebec to Boston crashed in New Hampshire, injuring passengers.
A fatal Massachusetts bus accident occurred over the weekend on Rte. 2 in Shirley when two men tumbled out of a bus window. A 31-year-old man died and a second man suffered serious personal injuries. The bus, owned by Colonial Tours of Boston, had been transporting a group back from touring Red Hook Brewery in New Hampshire.
In January, another bus accident in Connecticut killed a 17-year-old student when it crashed into a guardrail on Interstate 84. The bus had been transporting students to a robotics competition.
The NTSB has launched a six-month investigation into the tour bus industry and may then propose legislation. It plans to look at equipment upgrades and driver training. The NTSB said 60 percent of fatal bus crashes over a 12-year period were caused by driver error.
How Passengers Can Protect Themselves
In the meantime, passengers can protect themselves by researching the bus companies they use for travel. You can search a bus company’s safety rating and accident history on an online database operated by the Federal Motor Carrier Safety Administration.
Click here to access the database. Type in the name of the bus company you are researching.
While there is a lot of important data there, you will find two notable charts at the bottom of the page. The first chart tells you how many bus crashes the company has had in the past two years, including injuries and fatalities. The second chart shows you the Carrier Safety Rating, which will be listed as Satisfactory, Conditional or Unsatisfactory.
Finally, another way to check on a bus company is to use the Internet. Go to the website of the local or city newspaper and search their archives. If there was a major bus accident, you can expect the newspaper reported it.
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Salmonella Outbreak in Rhode Island Now Linked to Death
A salmonella outbreak in Rhode Island now includes at least twenty-one people with severe illness, and one death, according to reports from public health officials in that state. Health officials are investigating another eighteen illnesses to see if they are tied to the salmonella outbreak.
Officials are focused on zeppole and other pastries which were made by Defusco’s bakery in Johnston, Rhode Island. According to news reports, investigators found pastry shells stored in boxes contaminated with raw eggs, and also found that custard used as filling was not being properly chilled.
Investigators have identified the particular strain of salmonella, known as Salmonella heidelberg, as the suspected organism responsible for the illnesses. They are now trying to determine whether the death of the elderly Rhode Island resident was caused by that particular strain.
The investigation into the food poisoning outbreak began on March 25, 2011, after nearly a dozen elderly residents of a Warwick nursing home became sick after eating pastries from Defusco’s bakery. Since March 12, two dozen victims have required hospitalization for severe illness.
Salmonellosis, the disease caused by salmonella infection or salmonella toxins, leads to diarrhea, fever, vomiting and abdominal cramps. Most people recover without treatment, but in the elderly, in infants, or people with compromised immune systems, the disease can be very severe, requiring hospital admission for rehydration and antibiotic treatment to prevent the spread of infection. Severe infections can lead to reactive arthritis and death.
Prevention of salmonella illnesses is straightforward. Food which may contain the bacteria, such as chicken or pork, must be prepared properly to kill the organism and destroy any salmonella toxin. Eggs and milk, and their products, must be properly prepared, handled, and refrigerated. Infections can also occur from contact with reptiles, pet rodents, and tainted fruits and vegetables. Proper hygiene–washing hands before and after handling food–is also a common sense method of reducing the likelihood of food poisoning.
Each year over 140,000 people suffer from salmonella poisoning in the U.S. and dozens die from the illness.
Massachusetts Bars Must Now Carry Liquor Liability Insurance
It’s always a tragedy when someone leaves a bar after a night of drinking, steps in his or her car, and causes a motor vehicle accident resulting in personal injury.
For years, that tragedy was compounded by Massachusetts law, which let bars and restaurants operate without liquor liability insurance. Like other businesses, Massachusetts restaurants and bars have traditionally carried general commercial liability insurance covering on-site problems, including slip and falls and other injuries. But this insurance offers no assistance to drunk driving accident victims.
In late May, Massachusetts lawmakers corrected this and passed a law requiring restaurant and bar owners to carry liquor liability insurance. Establishments must carry a minimum of $250,000 per person/$500,000 per accident coverage. In other words, policies must provide a minimum $250,000 for bodily injury or death of one person and a total of $500,000 per incident involving bodily injury or death.
Innocent victims of drunk driving accidents still face the traditional hurdles in proving their cases against bars. One hurdle is strong juror bias. Juries do not hesitate to hold the drunk driver responsible. But juries are often reluctant to blame a drinking establishment for over-serving a patron, even though the law is perfectly clear that a bar has a legal duty to not serve someone who is intoxicated.
Restaurants and bars seek to avoid liability for over-serving patrons, and they typically claim they did not recognize that the patron was intoxicated. The recent Massachusetts Appeals Court case of Rivera v. Club Caravan, Inc., 77 Mass. App. Ct. 17 (2010), reviewed the legal standards for “dram shop cases.” Generally the plaintiff must prove the patron showed outward signs of intoxication by the time he or she was served her last drink. However, circumstantial proof can also be sufficient. If the patron had consumed excessive quantities of alcohol, a jury can draw an inference that he would have been visibly intoxicated. So, where a patron is served fourteen drinks in two hours, as in the Rivera case, or was served six or more white Russians, as in another Massachusetts case, the circustantial evidence is strong enough.
Personal injury attorney Ronald Gluck called the new law “a step forward” for the safety of Massachusetts residents. “Restaurants and bars will want to have strong policies in place–and to follow them–not just to avoid liability but also to avoid large increases in their insurance premiums. The new liquor insurance law should help reduce drunk driving accidents in Massachusetts.”
Click here for the full text of the law.
Massachusetts Law Will Ban Text Messaging While Driving
Welcome news today as the Massachusetts Legislature has finally agreed on a new law that will make it illegal to text while driving. Once the bill is signed by the Governor, Massachusetts will be in line with twenty-eight other states that have already outlawed text messaging while driving.
This law comes in the wake of several tragic text message-based accidents. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley collided with another trolley because the driver was texting his girlfriend. In September 2008, a California commuter train engineer missed a stop signal while trading texts with a friend, leading to a train accident resulting in the wrongful death of 25 people. In addition, there have been several high profile motor vehicle wrongful death cases in recent memory which were caused by inattentive drivers who were texting as they drove.
The law has several other public safety improvements. The new law will require that older drivers renew their licenses in person and take an eye exam every five years beginning at age 75. Older drivers were involved in several serious car accidents in 2009 in Massachusetts. Further, the law will forbid anyone under the age of 18 from using a cell phone while driving.
Boston personal injury attorney David White said of the new law, “Distracted driving is a serious safety problem. The use of cell phones and text messaging are two of the biggest distractions for drivers. These new provisions will vastly increase the safety of Massachusetts roadways.”
A recent study found that texting while driving makes a person twenty times more likely to get into a car crash or near-crash. The problem is most severe for inexperienced drivers. It is hoped that this new law will raise awareness to this growing epidemic of serious personal injuries caused by careless texting motorists.
If You Have Been Injured By a Careless Driver
Breakstone, White & Gluck has successfully represented hundreds of victims of careless and inattentive motorists, including bicycle accident victims, truck and train accident victims and car accident victims. Our firm remains committed to all efforts by the legislature and law enforcement agencies to raise awareness to the serious risk of injury caused by careless motorists. If we can help you or a family member with your claim for serious injuries, we would welcome the opportunity to evaluate and handle your claim. Contact us toll-free for a free consultation. 800-379-1244.
Lettuce Recall Affects 23 States, Including Massachusetts
Another recent recall of fresh produce highlights the importance of safe food handling and rinsing even pre-washed produce. Freshway Foods of Ohio has announced a voluntary recall of romaine lettuce after reports of food borne illnesses from possible E.coli contamination. The New York State Public Health Laboratory found E.coli 0145 in an unopened recalled bag of shredded romaine. Products affected include bags of shredded romaine lettuce with “best if used by” dates prior to May 12; bags with “best if used by” dates of after May 12 are not affected. Freshway Foods sold the recalled products to wholesalers, food service outlets and some in-store deli and salad bars in Alabama, Connecticut, Washington DC, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. Although these products are now off the shelves, consumers should make sure they throw away any remaining products in their homes.
Nineteen cases of illness resulting from E.coli 0145 have been reported from Michigan, New York, and Ohio; twelve of these cases required hospitalization. Symptoms of foodborne illness caused by E.coli can range from nothing to acute stomach cramps and diarrhea to kidney damage. Three of the reported cases involved a life threatening complication called hemolytic uremic syndrome which causes blocked circulation or bleeding in the brain or kidneys. People experiencing a diarrheal illness with high fever, bloody stool, prolonged vomiting that could cause dehydration, symptoms of dehydration, or if the diarrheal illness lasts longer than three days should seek medical attention.
How to Protect Yourself
Consumers can protect themselves from foodborne illness by taking simple precautions. Cook meat and eggs thoroughly, using an internal thermometer. Avoid cross contamination by keeping raw meat and eggs away from vegetables and cooked foods and washing all surfaces that come into contact with raw products thoroughly. Chill leftovers promptly if they are not going to be eaten within four hours. Handle produce with clean hands and always rinse produce, even produce that has been pre-washed, and remove the outer leaves of lettuce and cabbage. Finally, report incidents of foodborne illness to your local health department.
For more information on this specific recall, read this article on Time.com. For more information about foodborne illnesses in general, see the CDC web pages on food safety. For more information on E.coli specifically, see the CDC’s web page on E.coli.