Boston Personal Injury Attorney Blog

An 8-year-old tourist has been hospitalized after being seriously injured in a Boston escalator accident at a MBTA station, according to NECN.

Instead of heading to Maine for a family wedding the girl is at Massachusetts General Hospital for Children, where she is being treated for a serious foot injury that could result in amputation of her big toe.

The incident occurred after a family outing for dinner on Monday night. As they were taking the T back to their motel, Neil's plastic Croc shoe got tangled in the escalator. The escalator reportedly kept churning even after the girl's father and an attendant began pounding on the kill switch.

By the time the girl was freed, part of her foot was crushed.

Part of the blame could rest with the Croc shoes, which have been linked to serious escalator injuries for years. In such cases, a Massachusetts product liability claim may be filed to recover damages for an injury victim.

But that doesn't answer questions about why the escalator kill switch failed. Last year, an elderly Boston woman strangled to death when the kill switch failed on a T escalator.

The MBTA's words of wisdom? Parents should be "extra vigilant" when traveling with children. Sorry, but passengers are not required to use "extra vigilance" to protect themselves from poorly maintained escalators or other negligence conditions on MBTA's property.

That is MBTA's responsibility and the system can and should be held liable for the damages that result -- both to compensate injured victims and to ensure that corrective action is taken that prevents a similar incident from occurring in the future.

Continue reading "Boston escalator accident on MBTA property may also involve product liability claim" »

The U.S. Consumer Product Safety Commission has voted unanimously to approve new mandatory safety standards for full-size and non-full-size baby cribs.

But families who think the government is vigorously reviewing products marketed to children to ensure safety, or that companies that sell children's products are especially vigilant, would be sadly mistaken on both counts. Hundreds of defective products in Massachusetts are recalled each year by the federal government -- many of them marketed to children. And hundreds more are undoubtedly sold to consumers despite serious safety defects that go undetected or unreported. A Boston child injury lawyer should be consulted whenever a child is seriously injured or killed by a defective product.

As CNN reports, the new rules come nearly 13 years after a New York mother began advocating for stiffer safety measures as a result of losing an infant in a tragic crib accident.

The infant got his neck stuck between the side rail and the headboard after a screw came loose. The new rules will essentially ban the manufacture and sale of drop-side cribs. The rules will also require better mattress support, better wood and hardware, stronger construction, and testing that does not permit tightening of screws between tests.

The CPSC has reported that an average of a dozen children a year are dying in drop-side cribs.

Consumers have the right to expect products that they purchase and bring into their home are free from serious or fatal flaws. Unfortunately, companies frequently put profits before consumer safety. Tragically, companies that market products to children are among the biggest offenders. Eighty-seven child products, not counting toys, have been recalled by the federal government so far this year -- including at least 12 cribs.

Another 20 toys have been recalled by the CPSC

Drop-side cribs have been a frequent offender and can present a strangulation, choking or fall hazard to infants.

Last week, 82,000 Pottery Barn Kids drop-side cribs were recalled.

In June, Beco recalled a million drop-side cribs.

Seven other cribs were recalled just in the month of June.

Here is the full list of recalled child products, including cribs, issued by the federal government in the last several years.

Continue reading "Defective child products, baby cribs, a serious threat to the safety of Massachusetts toddlers" »

The U.S. Consumer Product Safety Commission issued a joint statement with Health Canada this week warning about the use of certain baby slings. The CPSC says it has identified fourteen suffocation deaths that occurred while babies were in the sling-style carriers. The CPSC says most of the children were younger than four months.

Three of the deaths occurred while infants were in slings by the manufacturer, Infantino. The company issued a recall this week of their "SlingRider" and "Wendy Belissimo" products. They have not taken responsibility for any deaths, however, and insist their products go through rigorous testing internally, with governmental agencies, and by third-party testing organizations.

One of the mothers whose child died while in the SlingRider believes the company sold her a defective product. On May 7, 2009, she set out across a store parking lot with her 7-day old infant in the sling. By the time she reached her car, the child was nearly dead. Her fiance started CPR and paramedics were called to the scene, but he could not be saved. The coroner ruled the baby's death due to compression asphyxia/suffocation. In January, the mother filed a lawsuit seeking millions of dollars in damages and accusing Infantino of negligence.

CPSC and Health Canada said in their statement that, since a young infant has weak neck muscles and cannot control its head, the slings can be dangerous to infants in two ways. One, there's a possibility that the fabric of the sling can press against the nose and mouth of a baby and block breathing, rapidly suffocating the child. The other problem comes from the curled shape the sling puts the baby in. The baby's chin can curl toward his chest, restricting the airway and limiting his oxygen intake. The baby will not be able to cry out and can slowly suffocate.

Infantino has recalled one million slings in the U.S. The company says consumers should immediately stop using the recalled products. They are offering customers replacement slings.