Boston Personal Injury Attorney Blog

October 29, 2011

Check the CPSC’s Recent Recall List for Dangerous and Defective Products in Boston

Santa’s making a list and he’s checking it twice. But is he checking the Consumer Product Safety Commission‘s (CPSC) website to see if any of his presents are on the latest list of recalls? Products that you may already have, or those you’re planning on wrapping up to give to loved ones for Christmas, could be on the CPSC’s recall list. For this reason, you’re urged to check out the list to help ensure no one is injured in your family because of a defective product in Massachusetts.

Our Boston personal injury attorneys would like to share with you some of the most recent recalls from the CPSC.

Recent recalls from the CPSC:

Gas Rangetop with Grill from General Electric:

General Electric is recalling its Monogram® Pro Rangetop with Grill because the burners that use liquefied petroleum could fail to ignite if the power knob is left between OFF and LITE. When the knob is left in this position, built-up gas could cause a delayed ignition and cause an explosion. Nearly 500 of these grills are on the recall list. They were all sold by General Electric distributors and authorized representative across the country from May of 2008 to August of 2011. They cost from $3,400 to $4,700. Owners of the unit will receive a free repair to fix it.

Glider Recliners with Ottomans from Big Lots:

There were nearly 400,000 of these products sold in the U.S. The recalled items are the Leather Glider Recliners with Ottomans and the Microfiber Glider Recliners. The problem is that there’s a gap between some of the parts on the chair and pose an entrapment hazard to small children. Injuries have already been reported. Dongguan Shindin Metal & Plastic Products Ltd. manufactured the items. They were sold at Big Lots stores around the country for about $200 from January of 2005 to December of 2009. Anyone who has any of these items should call Big Lots and pick up a free repair kit.

B.O.B. Jogging Strollers:

More than 400,000 strollers were recalled because the drawstring on the stroller’s canopy can serve as a strangulation hazard. Also, the company’s logo can come detached and be a choking hazard to a child in the stroller. Reports of injury have already been received. These devices were made from November 1998 to November 2010. The items were sold on Amazon.com, sporting goods stores, Babies R’ Us, REI and other children stores. They cost up to $600.

Child’s Folding Tent from IKEA:

More than 100,000 BUSA children’s folding tents were sold at IKEA stores from August 2011 to September 2011. They’re all being recalled because of laceration and puncture hazards. The tents have broken in many cases and have exposed the wire ends and have caused injury. Model number 90192009 is recalled. They ran about $8. If you have one of these tents, take it back to an IKEA store for a refund.
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October 25, 2011

National Elevator Escalator Safety Awareness Week to Help Prevent Injury in Massachusetts and Elsewhere

by Jeffrey S. Glassman

Dangerous elevators and escalators are serious issues in cities and towns across the United States. In our state, many of these devices are used every day by commuters who use the MBTA to get around town. When these devices are not working properly and safely, elevator and escalator accidents in Boston can result. Companies have a responsibility to ensure that these devices are working safely and properly. When they aren’t, injuries or deaths can result.

Boston isn’t the only big city with this problem. Our Massachusetts elevator and escalator accident attorneys would like to tell you about the recent problem in New York City as well. According to FOX 5, there have been continuous investigations into the city’s out-of-service devices. These escalators and elevators located throughout Manhattan subway stations have been working improperly for years. The target of a recent investigation was the Lexington Avenue and 53rd Street station. Officials report that at any one time, at least one out of every 11 transit authority escalators are shut down.

When these devices are put out-of-service, people are forced to use the stairs, which could pose slip-and-fall risks, especially during inclement weather. This mainly applies to children and elderly riders.

When escalators and elevators aren’t working properly, they also cause congestion among riders on the subway platforms too. When these areas are overcrowded, the risks of people being shoved onto the tracks can increase.

In New York, FOX 5 reported that many of the out-of-service escalators were owned by private companies even though they’re used in the city’s subway stations. These companies no longer take care of these devices because the city cut the deal they made with them. The deals were cut to save more money for the construction of larger buildings.

To help raise awareness about the importance of keeping elevators and escalators in good-working condition, the Elevator Escalator Safety Foundation hosts National Elevator Escalator Safety Awareness Week during the second week of November every year. Through this week-long campaign, the foundation hopes to recruit the support of residents throughout the country to help raise awareness about the importance of properly working elevators and escalators.

Every year, there are nearly 50 people killed and another 17,000 people injured because of accidents on escalators and elevators in the U.S., according to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission.

Tips to help keep you safe when riding an escalator:

-Be sure you know which way the stairs are heading before stepping on.

-Hold the hands of small children.

-Hold on to loose items in one hand and place the other hand on the hand rail.

-Keep loose clothing away from steps.

-Don’t ride with hand carts, luggage carts, wheelchairs, strollers, etc.

-Always face forward.

-Never walk up an escalator that is not running.

-Don’t climb on the handrail.

-Step over the comb fingers when stepping off. Don’t just slide your feet off.

-Move clear after exiting and make room for riders stepping off behind you.
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October 21, 2011

70-Year-Old Injured in Pedestrian Accident in Massachusetts with Fire Truck’s Hose

by Jeffrey S. Glassman

A Revere man was involved in a recent and unusual pedestrian accident in Massachusetts. It all happened as the 70-year-old man was waiting for his turn to cross the street and a 200-foot hose that was hanging off the side of a fire truck flew over and struck him unexpectedly. Luckily, a security camera nearby was able to catch the whole thing on tape, according to NECN.

The accident happened at the corner of Dale and Park. Witnesses reported that the pedestrian was struck pretty hard and was left in horrible condition. The accident could have turned out much differently though. The same type of accident took the life of an 83-year-old pedestrian in Cambridge about two years ago.

Our Boston personal injury attorneys understand that the fire department has announced that it’s making changes to its safety procedures since the accident, but these accidents cannot be prevented unless employees and departments exercise precautions. The fire department reported that it has ordered special netting kits for all of the trucks’ engines that were manufactured after 2008. That’s when a safety measure was passed to require that trucks have this safety feature.

“It caught his legs and flipped him up in the air,” said Fire Chief Eugene Doherty.

This netting is used to cover up the hoses on these trucks to prevent them from flying off while in motion. The department has two additional trucks, but those were made after 2008 and already have the safety netting.

“It’s something the manufacturers saw fit to do in 2008,” said Doherty.

Doherty goes on to say that he’s not blaming the manufacturers for the accident, but he says safety precautions should have been more specific and should have been required on all trucks.

The chief thinks that the hose may have fallen loose because the nozzle wasn’t positioned correctly. He says the hose’s nozzle should have been kept in the middle of the compartment that’s located on the top of the fire truck. He believes that the nozzle could have been positioned too close to the edge. All of the firefighters at that department are going through more training courses to help them to ensure that the nozzle is properly stored. He says all fire chiefs should consider retraining their fighters.

Since a recent meeting among area chiefs, all concluded that safety procedures need to be reassessed.

“Wrong place at wrong time,” said one of the victim’s neighbors.

A family member of the victim reports that the 70-year-old man is in the hospital being treated for broken bones and a concussion.

If you’ve been involved in an accident with a government or county vehicle, it is critical for you to contact an attorney to help you represent the case. Oftentimes these parties are able to fight with the help of large and powerful representatives. Legal representation can help you to gain the compensation you deserve.
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October 19, 2011

How to Avoid Scary Child Injuries in Massachusetts this Halloween

by Jeffrey S. Glassman

You may not be going out this Halloween, but if you’re expecting trick-or-treaters to come knocking at your door there are a few simple safety tips you can follow to help prevent child injury in Massachusetts. Many children are injured every year while venturing from house to house in search of little wrapped sweets.

As we recently reported on our Boston Personal Injury Attorney Blog, children are four times more likely to suffer from an injury on Halloween night than during any other night of the year.

To help reduce the risks of child injury in Massachusetts, the state offers these safety tips for those who will be handing out candy this Halloween:

-Try using small flashlights or battery-operated candles in your jack-o-lanterns instead of candles. Fires are some of the common cause of injury during Halloween.

-Be sure to remove leaves and cornstalks away from open flames. Keep candles and jack-o-lanterns away from draping curtains and other flammable objects.

-Only use flame-proof crepe paper for decorating.

-Be sure to clear your driveway, sidewalk and front porch of any trip-and-fall hazards. There’s no telling where children will wander. Remove these hazards to help prevent a serious accident.

-Make sure that all the lights on the exterior of your house are on and working. Dimly-light areas are an attraction for injury-related accidents.

-Consider handing out non-candy items to trick-or-treaters, including bubbles, spider rings and toothbrushes.

-Clear your yard of all lawn furniture and other debris.

-Toss out any candy that has been opened or looks like it has been tampered with.

-Do not hand out any kinds of treats that children may choke on, like peanuts or hard candy.

As most parents can attest, nothing is scarier than an injury to a child. Parents are urged to discuss the risks that they’re likely face on Halloween night before heading from door to door in search of yummy treats.

According to Safe Kids USA, here are the top five safety hazards on Halloween:

5.) Eye and burn injuries. Many of these accidents happen from improper costumes, candles and toys. Make sure all toys and props are soft and safe.

4.) Falls. Many of these accidents are caused by running, improper costumes and poor lighting.

3.) Drunk Driving. On Halloween, there are more drunk drivers reported to be on our roadways than during New Year’s.

2.) Crossing the road at non-intersections. Kids should cross only at street corners and should avoid running into the road. Children need to be as visible to motorists as possible.

1.) Pedestrian-car accidents. These accidents are the result of speed, poor visibility and speed.

All residents are urged to be extremely cautious this Halloween to help protect our young ghosts and goblins. With these few safety tips, we can all make it home without any real scares. From our Massachusetts personal injury attorneys, have a Happy Halloween!
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October 17, 2011

Keep Your Trick-or-Treaters Safe from Pedestrian Accidents in Massachusetts this Halloween

by Jeffrey S. Glassman

With Halloween right around the corner on Oct. 31, the state of Massachusetts and our Boston personal injury attorneys would like to offer some advice to help you and your little ones be safe on this scary holiday.

Did you know that your child is four times more likely to be injured in a pedestrian accident in Massachusetts than any other night of the year? We can all help to greatly reduce these risks by providing our little trick-or-treaters with proper supervision and pedestrian safety tips. So before you suit up your little ghosts and goblins, review the following tips and share them with your young ones.

Halloween safety tips from the Massachusetts State Fire Marshal:

-Make sure that all your trick-or-treaters are supervised by a responsible adult.

-Review these safety tips for children who are old enough to venture out on their own.

-Make sure that you are familiar with the neighborhoods you’ll be trick-or-treating in. You should plan a route that has minimal traffic and has safe sidewalks.

-Make sure to keep your trick-or-treating clan together. Never separate from one another.

-Always carry a cell phone with you in case of emergencies.

-Always walk along sidewalks.

-Always cross the road at street corners.

-Never dart out from behind a parked car.

-Cover one side of the street at a time. Don’t crisscross from side to side while trick-or-treating.

-Make sure children know to never enter a stranger’s home or vehicle.

-Only trick-or-treat at homes that are well-lit. Don’t approach homes without any lights on.

-Make sure everyone is wearing comfortable shoes.

-Attache reflective tape to all costumes or require trick-or-treaters to carry a flashlight. Another way to help ensure your children are “well lit” to be seen is by placing a flashlight in their treat bags.

-Consider using face paint instead of masks, which can obstruct your child’s vision.

-Children should never walk across a person’s lawn.

Halloween safety tips for drivers:

-Keep an eye out for witches, rock stars and little celebrities when driving in residential areas.

-If you’re driving your children to trick-or-treat from neighborhood to neighborhood, drop them off on the curb side of the road. Never allow them to exit the vehicle on the road side.

-Always use your blinkers so that little goblins know where your vehicle’s heading.

-You should never drive drunk.

-It’s wise to drive under the speed limit in residential neighborhoods and school zones on Halloween night.

It’s important to keep a watchful eye out for our young trick-or-treaters. They are extremely vulnerable for pedestrian accidents as they’re less likely to understand the workings and dangers of moving traffic. Be on your best behavior and help your child stay safe and you never know, they may share some of their sweet treats with you. From our Boston personal injury attorneys to your family, have a safe and happy Halloween!
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October 12, 2011

New England Trucking Accident Blamed on Faulty Brakes

by Jeffrey S. Glassman

A recent New England trucking accident took involved parties to the Oxford County Superior Court after faulty brakes were blamed as the cause of the accident. A Maine State Police Trooper recently testified in court saying that the truck’s brakes made the 2009 accident in West Paris much worse than it had to be, according to the Sun Journal.

In the wreck, a 60-year-old man was killed on Route 26 during that three-vehicle accident. The man’s family is suing a Sommerville woman who fell asleep at the wheel causing a large commercial vehicle to swerve and drive directly into the man’s car. The woman reportedly woke up just before crashing head on with a trailer-truck. When she served back into her lane, she hit the truck and broke a spring that was used to steer that truck. The woman was injured. The tractor-trailer swerved out of the way and into the Sommerville man’s vehicle after it failed to brake.

Our Massachusetts tractor-trailer accident attorneys understand that jurors recently heard expert analysis of the accident from Steven Thomas, an engineer who is oftentimes used in these types of trials to provide expert testimony. The man said that after looking at the fatal accident he concluded that it could have only resulted as a fender-bender if the truck’s 12 brakes had been in good working condition. He added that if the tractor-trailer could have stopped just 5 feet shorter that the impact to the Sommerville man’s vehicle could have been minimal.

The expert was also asked to look at the analysis of the accident that was provided by Midwest Price Co., the trucking company. The company argued that the truck was not traveling fast at all and the accident was a result of the road’s soft shoulder.

Thomas said the shoulder of the road would have caused the truck to flip to the left and not to the right like it did.

A Main State Trooper, Daniel Hanson, said that the truck didn’t have enough power in its brakes and that’s what contributed to the severity of the accident.

“Lack of proper braking aided in the trailer overturning,” said Hanson.

The trial will continue at a later date.

This accident is a perfect example as to why properly maintaining large commercial vehicles is so important. Traffic-related accidents with these big rigs can oftentimes turn deadly.

If you have been involved in an accident with one of these large vehicles and you believe that faulty equipment is to blame, it is vital for you to contact an experienced attorney. Companies are required to keep timely maintenance records for every vehicle and an attorney can help to retrieve this information.

Failing to keep trucks up to par on safety requirements and other safety standards can result in a serious accident and a costly litigation.
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October 10, 2011

Gruesome Shopping Injury at Hudson Walmart Results in Lawsuit

by Jeffrey S. Glassman

A recent Massachusetts shopping injury is turning to a lawsuit for proper compensation. The accident happened back in 2006 when a Massachusetts woman was severely injured while picking out Christmas gifts for underprivileged kids at a Husdon Walmart.

The woman was lending her heart out for Christmas in December of 2006 and was giving her time and donations to the needy kids in her neighborhood. She saw an item that was on her Christmas list on the top shelf of one of the shore’s aisles. She climbed nearly 2 feet and was still unable to grab the item. When she tried to jump back down to the ground, a ring of hers got caught on a metal latch of the shelf. As she fell to the ground, she “stripped the skin and muscle,” according to Nausha Telegraph. Her ring-finger bone was entirely exposed.

Our Boston premise liability attorneys refer to this injury as “degloving.” This is when a hand-related injury peels the skin from the bone. Since the injury, the woman has been through six different surgeries. In the end, the best the doctors could do was move the pinky finger to the ring-finger spot and remove the ring finger. Only her index finger and her thumb have any feeling on that hand.

The woman is suing the company because she believes that the Walmart failed to keep the store properly and safely maintained. She’s seeking an unannounced amount of compensation for the loss of her ability to work and for the loss of enjoyment of life.

The company rebuts the woman’s claims saying that the injury was a direct result of her on actions. Walmart says that there was a sign in the store that read, “Do not climb on the steel bins/racks.”

When placing items in a store, employers and supervisors are required to stock products in a fashion that is safe for both workers and for costumers. Irresponsible shelving habits can increase the risks of a serious injury and can result in a costly suit.

Safety tips for shelving and racking:

-Be sure that all shelves and racks are installed in accordance to the manufacturer’s instructions. Never attempt to alter a shelf’s design.

-Make sure to display the limits for shelf’s size and weight limits so they’re not over packed. Overstocking a shelf greatly increases the likelihood of a malfunction or an accident resulting in injury.

-Make sure that all items on your shelves are properly and safely stocked.

-Always make sure that the weight on the shelves is evenly distributed.

As the holiday season approaches, residents will be hitting the stores hard in search of great sales. Shoppers are urged to keep an eye out for dangers in shopping centers, stores, in parking lots and on elevators. If you see a hazard in one of these areas during a shopping trip, you’re urged to contact the appropriate management team.

These companies have an obligation to keep customers safe. These safety efforts need to be increased during the holiday shopping season when stores are packed with bargain-hunting shoppers.
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October 8, 2011

Malfunctioning Equipment Spooks Horses and Injures Visitors in New England Hayride Accident

by Jeffrey S. Glassman

A recent hayride at Applecrest Farm in Hampton Falls, N.H., left a 51-year-old woman injured after she jumped in front of a carriage that was being towed by a runaway horse, according to Seacoast Online. The woman was taken to the Beth Israel Deaconess Medical Center in Boston and was listed in critical condition. She and her husband own the horses that are used for the hayrides at the farm.

Attractions have an obligation to the public to provide safe entertainment and safe equipment. With the fall season kicking off, many residents and visitors will be participating in hayrides, haunted houses and other seasonal events. Attraction owners and operators are urged to keep safety as a top priority to prevent injury in Massachusetts. Remember to clear fire exits, remove hazards that could lead to injury and to always have a safe backup plan.

Our Boston personal injury attorneys understand that hayrides are a popular attraction during this time of year. Unfortunately, without the proper safety precautions, these relaxing rides can turn into a nightmare. According to officers, two carriages were heading in opposite directions when a part of one of the carriages malfunctioned, startling both horses. The operator of the runaway carriage was unable to regain control of the horse.

Witnesses report that the horses got spooked when an axle on the wheel came off just about one minute into the ride, and chaos ensued. The runaway horse and carriage were heading directly at the other carriage, which then frightened a third horse. Luckily, none of the carriages tipped over, but the driver of one of the carriages was launched from the buggy and dragged underneath.

The horse finally stopped when the carriage got caught between a rock and a tree. The driver was taken to Exeter Hospital.

Riders of the stopped carriage rushed to help the other set of runaway horses. This is when the 51-year-old woman was trampled on by a runaway horse and then by the carriage. Luckily, no passengers fell off that carriage. The woman doesn’t blame the horses for the accident, instead citing the farm-owners’ faulty wagon.

Lt. Gary Wood from the State Police Department reported that the Occupational Safety and Health Administration (OSHA) and the Rockingham County attorney’s office are investigating the accident. OHSHA has been called in to investigate because the accident happened at a business.

This is similar to a recent accident that happened at an air show in Reno, Nev. Visitors showed up to enjoy a spectacular event, but when a P-51 “Galloping Ghost” Mustang apparently malfunctioned, it took a nosedive into the box seats of the VIP section. This is yet another example of faulty equipment causing visitor injury.

Companies have a responsibility to keep all visitors and employees safe by following a prescribed set of federal guidelines.
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October 5, 2011

Woman Dies after Skylight Accident in Massachusetts

by Jeffrey S. Glassman

A recent skylight accident in Massachusetts took the life of a woman after she fell nearly five stories through a ceiling window, according to The Boston Globe. After an investigation at the scene, officials have concluded that there was no foul play involved, although they were unable to determine why she was on the roof to begin with. They have also concluded that no drugs or alcohol were involved.

“There is no indication of foul play … [and] no indication it was a result of drugs or alcohol,” said Boston Police Department spokesman Officer Eddy Chrispin, according to the Globe story.

Our Boston premise liability attorneys understand that building, company, complex and apartment owners are required to keep locations reasonably safe. These individuals are required by federal law to ensure that hazards are removed, safety equipment is provided and that visitors are kept within safe areas. It’s best for building owners and managers to keep visitors off roofs and to keep all fire exits cleared.

Emergency responders arrived at the scene of the accident shortly before 9 p.m. after receiving a call from one of the woman’s friends. The friend alerted responders that the woman had fallen through a skylight that was on the seventh story of the building and had landed on the third floor of a dark, walled-off shaft inside a building on Summer Street.

Responders had to cut through a number of walls before they were able to locate the woman. The search took about an hour, according to Boston Fire Department spokesman Steve MacDonald. The search took longer than anticipated because officials were directed to the wrong building by the 911 caller. She was pronounced dead at the scene.

The owners of the building in the 200 block of Summer Street, New Jersey-based Normandy Real Estate Partners, released a statement saying they were willingly cooperating with the officers’ investigation into the accident, but were unable to comment because the investigation is ongoing.

In many cases, when someone is hurt on a property the landowners and owning companies can be held liable for damages caused by the accident if they’ve neglected to safely secure the premise. These accidents can happen in a number of ways, including slip and fall, inadequate maintenance, inadequate security, defective conditions, etc. Premise liability claims can also be filed if an accident occurs while using certain equipment on a property. In this case, a third party can also be reliable for the damages.

Regardless, this can be a long and complicated process and is why it is crucial for you to contact an experienced attorney if you feel you have a premise liability claim. A lawyer can help you through every detail of the accident to determine who is responsible for providing you with the compensation you may be entitled to.
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October 2, 2011

Intersections Frequently the Backdrop for Car Accidents in Massachusetts

by Jeffrey S. Glassman

We recently discussed the new release of the top 200 dangerous areas for pedestrian and bicycling accidents in Massachusetts on our Boston Personal Injury Accident Lawyer Blog. Now we will be talking about the most dangerous intersections for car accidents. Many of these types of accidents are caused by driver inattention as these motorists fail to look for oncoming cars and pedestrians, as well as failing to acknowledge red lights.

Our Boston car accident attorneys understand that intersection accidents are common in Massachusetts. Take the two recent intersection accidents that happened in West Roxbury at the intersection of VFW Parkway and West Roxbury Parkway. These accidents occurred just one minute apart from one another, according to the West Roxbury Patch. The first accident was a rollover accident and the second involved a two-car collision.

Red-light running is a serious problem at our Massachusetts intersections and elsewhere in the U.S. According to the Federal Highway Administration, there were nearly 2.5 million accidents at U.S. intersections in 2008. These accidents killed nearly 8,000 people and injured nearly 750,000 people.

Dangerous Intersections in Cambridge from 2002 to 2009:

-Massachusetts Avenue and Prospect Street: 85 accidents.

-Memorial Drive and River Street: 62 accidents.

Dangerous Intersections in Framingham 2002 to 2009:

-Hollis Street and Waverly Street: 105 accidents.

Dangerous Intersections in Swansea 2002 to 2009:

-Grand Army of the Republic Highway and Swansea Mall Drive: 110 accidents.

-Market Street and Grand Army of the Republic Highway: 99 accidents.

Dangerous Intersections in Raynham 2002 to 2009:

-Route 44 and Orchard Street: 91 accidents.

-Broadway and Carver Street: 42 accidents.

According to the National Highway Traffic Safety Administration, there were nearly 350 deaths resulting from traffic accidents in the state of Massachusetts in 2009. Nearly 100 off these fatalities resulted from car accidents that took place at an intersection.

Most Dangerous Counties in Massachusetts in 2009 (calculated by traffic fatalities):

-Middlesex County: 66 fatalities.

-Worcester County: 42 fatalities.

-Bristol County: 37 fatalities.

-Essex County: 29 fatalities.

-Norfolk County: 36 fatalities
Massachusetts requires that drivers abide by established laws to help reduce the risks of a potentially fatal intersection-related car accident:

-Obey traffic lights at all times. These signals are used to safely control the flow of motor-vehicle and pedestrian traffic.

-Never travel faster than the speed limit. These limits are in place to help reduce risks of a traffic accident. These limits have been researched and are used to help traffic to flow safely and efficiently.

-Understand and abide by all traffic signs.
-Red means stop or prohibition.
-Green means go, or shows where you may go.
-Yellow means you should slow down and serves as a general warning.
-Black or white signifies a regulation.
-Blue refers to a motorist service, such as hotels, food or gas stations.
-Brown directs a motorist to a scenic, historic of recreational area.
-Orange means there’s maintenance or construction nearby.
-Fluorescent yellow or green signifies a bicycle, a pedestrian or a school zone.

-Follow roadway markings.
-Broken white lines separate lanes of traffic moving in the same direction.
-Solid white lines can mark the edge of the pavement.
-Solid white lines can also separate two lanes of traffic traveling in different directions.
-Double solid white lines separate two lanes traveling in opposite directions.

You’re urged to always follow all road signals, markings and signs to help prevent an accident. Make your driving predictable so that other motorists aren’t surprised by your maneuvers.
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