Boston Injury Lawyer Blog

This time of year we like to remind our clients to keep Massachusetts children safe, especially when buying holiday gifts. Last year our Boston injury blog posted a story about injuries to Massachusetts children noting unsafe toys on the Massachusetts Public Interest Group products list. It includes good instructions regarding plastic toys, plastic baby bottles and foods wrapped plastic.

Winter is the season when children suffer the most burn injuries. We have had many clients, to many unfortunately, where young children are burned in Massachusetts. Children 2 and under tend to suffer burns to their hands and wrists. Older children suffer from fire injuries. We should remember that 75% of burn injury fatalities in children are from smoke inhalation; only 25% are from actual burns. Of the children that are under 5 who die in home fires, 50% were sleeping at the time. A Children's Hospital of Boston study claims that we could reduce child fatalities by 86% from home fires if we had smoke detectors and sprinkler systems.

Most importantly, however, we need to review motor vehicle accidents. They are the number one cause of fatalities for children. The National Highway Transportation Safety Administration differentiates traffic accidents from non traffic accidents. In 2010 these include accidents off the road, in driveways and parking lots - 262 fatalities and 115,000 injuries. The three most common causes for non traffic accidents are backovers (34%), then frontovers (30%) and heatstroke (16%). In 2010, for example, there were 70 frontover fatalities and 66 backover fatalities. These accidents often occur to the youngest children - 70% of the victims were between one and two years old. Those children are the smallest and hardest to see for the driver. Heatstroke caused 49 deaths for children in 2010; education is needed to prevent heatstroke because it disproportionally effects the smallest children, whose body temperature raises faster than bigger kids.

The other causes of fatalities for children include 7% caused by underage drivers. This includes drivers under the age of 15, often kids who believe that their skills have honed playing video games. 5% of the fatalities were from vehicles in motion, 2% vehicle falls, and 2% from drowning.

Massachusetts drivers can follow the following tips to keep children safe: use child safety seats for small children; use seat belts for bigger children; use booster seats for kids in the middle; check around any vehicle before you get in to drive; keep children under 13 in the back seat, away from air bags; keep if there are children around, check that they are all away from the vehicle before proceeding in the vehicle; teach children that stopped cars be dangerous and that they can start at any time; keep toys, bikes, etc. away from cars and driveways; keep vehicle keys away from any child access; never, ever, leave children alone in a motor vehicle.

Please review our various blog articles and website postings about child injuries. Many, if not most, are preventable. We have represented many many families following injuries to children. If you have questions about how to respond, legally, when children are injured, please call our office as soon as possible - evidence can be lost, and children forget.

Can we make Massachusetts playgrounds safer for children? 2,973 children were injured on Massachusetts playgrounds in 2009. Nationally, the number was over 70,000 per year in the years 2001-2008, and 67% was from falls or playground equipment failure. According to the National Program for Playground Safety (NPPS), there are ways to make playgrounds safer. In a case in Melrose, where we represented the parents of a two year old who fell from a playground ladder and broke his leg, the cause of the fall was determined to be poorly maintained ladder rungs - the rungs were steady until the top rung -- which rotated, causing our client to fall and break his leg on the hard ground. Further, our expert witness determined that there was insufficient bark mulch, or padding, on the landing.

A key factor is failure to maintain playground equipment, especially the simplest maintenance of all, putting proper bark mulch below the playground equipment; and replacing the mulch when it wears thin. According to the Massachusetts Department of Public Health, 40% of the child injuries in playgrounds are as a result of negligent supervision. The Massachusetts DPH provides a playground safety list which provides a host of information and resources, some of which are quite basic, but not often followed: have 12 inches of bark mulch or other impact absorbing base and remove visual barriers so that parents and care providers can see the children. There is also a federal Consumer Product Safety Commission paper on playground safety.

Massachusetts child injury lawyer notes that over 3,300 children are injured each year from falling out windows. About 8 children die each year from such injuries, according to the Consumer Product Safety Commission. Thus, the National Safety Counsel has established this week as National Window Safety week. The experts recommend the following: install (quick release) window guards to protect children; keep furniture away from windows; double hung windows should be opened only at the top; remember that screens keep bugs out, not children in; teach children to play away from, and not near, windows.

In Bellingham, Massachusetts a three year old fell from a third floor window and fell three stories, 35 feet, to the ground. While the issue may have been neglect, there was no reason this could not have been prevented using the above tips about window safety for children.

The US Consumer Product Safety Commission has announced a voluntary recall of Rocket Pogo Stick by Bravo Sports after there were 123 incidents, including 9 with reported child injury. According to the CPSC the frame can break and the pin holding the spring causes lacerations to children. Injuries range from lacerations to a chipped tooth to a displaced tooth. Child injury lawyer Neil Burns, who has represented numerous children injured from dangerous or defective products in Massachusetts, urges parents to return the pogo sticks for a safer product.

The recall includes the aforementioned Rocket Pogo Stick, the Pop Stick Pogo, the Monster Stick Pogo and the Twin Stick Pogo. The cost of these toys ranges from $25 to $40. For further information regarding the Bravo Sports recall, call their toll free number provided on the news release.

From the prospective of a Boston child injury lawyer, there are numerous things we can do to keep our homes safe for children. This year, during Spring-cleaning, we urge our clients to review anything and everything that can keep their children safe at home. One way to undertake the safety check, especially if you can engage older kids, is to travel around the home the way the kids do - look at each room, each hot water faucet, each toy, and each stairway, from their perspective.

With young children, plan for the next several stages. A baby that cannot crawl soon will! Plan for her getting into EVERYTHING she can toddle into. Have all draws and cabinets childproofed. Perhaps leave one here and there open able with safe items (plastic ware, etc.) so the child can explore and have the feeling of adventure with gown up tools.

Continue reading "Massachusetts Child Safety Tips for Spring" »

The National Highway Traffic Safety Administration announced that Dorel Juvenile Group is recalling almost 800,000 child safety seats because the locking mechanism is prone to malfunction. Boston child injury lawyer Neil Burns noted that consumers can click here to see if their model is affected. The NHTSA said the solution is simple - Dorel will provide a safe lubricant to prevent sticking, resolving the problem.

According to NHSTA, you can continue to use the child restraint seats before applying the lubricant, however, you need to be sure that the harness is adjusted properly and the lock and release button is fully in the locked position.

Dorel's phone number is 1 -866-623-3139 and their email address is harnessadjustment@djgusa.com for those with concerns and questions.

Massachusetts was awarded $7 million this month to aid in the removal of lead paint from the US Department of Housing and Urban Development (HUD) The Lawrence lead paint removal program was given $3.1 million with the rest divided between Somerville and Brockton. The HUD lead program is designed to assist in the clean up of homes, train workers in safety methods and to increase public awareness in Massachusetts childhood lead poisoning. Banned since 1978, lead paint remains on the walls of approximately 24 million older homes in the US.

As our readers know, lead can be ingested: by children, who eat the sweet flavored paint chips, and by adults, and especially workers, from breathing the dust particles. Once exposed, children can develop learning disabilities, physical and mental disabilities and reduced hearing. At high levels of contamination, lead will damage the kidneys and nervous system, and can even cause death.

Continue reading "Massachusetts Lead Paint Injuries" »

According to Mass Public Interest Research Group, or MassPirg, there are toys to avoid this year when shopping. Keeping children safe in Massachusetts has been a goal of our blog, our office and our litigation for over 25 years.

Baby Doll, manufactured by Baby Toys, has phthalate, which is toxic and should be avoided for all children who may put the doll near their mouths. Bright Stars Travel Book, manufactured by Kids II Inc, contains a high quantity of antimony, which is a carcinogen. Dora the Explorer Backpack had a too high quantity of phthalate, which is toxic. Let's Get Building! Construction Playset, made Fisher Price, contains cones that are too small and may caused choking. Lokmork/Baby's First Train, distributed by HABA, has parts that are too small for the "Age 1+" on the label that they market to. Plastic Handcuffs, made by Ja-Ru, contain antimony, which is a carcinogen that is 20 times the allowed amount. There are many other toys, and we urge parents and folks shopping for young children to be mindful of all products they buy for youngsters. See the full list at MassPirg's website.

Massachusetts residents should take note that the Consumer Product Safety Commission recently issued a recall of children's toy rocking horses because of the hazard presented for potential injury to children. The Boston personal injury lawyers at the Law Office of Neil Burns have represented children injured in accidents and bring you messages related to child safety.

Apparently, the CPSC warns that there is a voluntary recall of Rocking Horse Depo (RockingHorseDepot.com) products. The toys have bridles, manufactured in Poland, which have been found to be a hazard, causing a near strangulation of a young girl. The reigns appear to be too long. It is not clear if a simple modification, such as cutting off the reigns, would help.

Continue reading "Rocking Horse Recall Affects Massachusetts Consumers" »

Halloween seems to bring out the fun in most folks. However, from the perspective of lawyers, who often see new cases following Halloween injuries, we want to remind parents to keep kids safe on Halloween. Street crossing is more important than ever - drivers can be distracted and kids' costumes may not be focused on reflectors and lights; use reflective tape and insist that kids carry flashlights (and use them). The Massachusetts Eye and Ear Infirmary doctors warn parents to avoid masks that block vision, including peripheral vision.

Adults need to be vigilant about their children's safety and to be on the lookout for other children who are falling behind their group or doing something dangerous. The Centers for Disease Control and Prevention has a good (and fun) list of what to do or not do before trick or treating on Halloween.

Continue reading "Halloween Safety for Massachusetts Youth...and the Rest of Us" »

Massachusetts residents, perhaps visiting Boston with their young children in a stroller, need to be aware of a stroller recall issued by Graco Children's Products Inc., a unit of Newell Rubbermaid Inc. The strollers have resulted in four child deaths and also reports of children's injuries, and the Boston personal injury attorneys at the Law Office of Neil Burns want to inform you of this danger.

According to the United States Consumer Product Safety Commission, reports of four deaths of babies from the Graco Quattro Tour and MetroLite baby strollers. Apparently, there is a dangerous gap between the stroller tray and the seat. Ironically, the seats can be used safely in a motor vehicle as an infant auto seat because there is no space-gap. Models made in 2008 and later are safe, according to the CPSC.

Continue reading "Notice to Massachusetts Parents of Stroller Recall" »

Our injuries to children ears perked up when we learned that over 11,000 drop-side cribs manufactured by Alexander Designs have been recalled, according to the US Consumer Product Safety Commission. The cribs have hardware that can break, which allows the drop side to detach and create a hazardous gap. It is in those gaps where small children have been known to become injured, including suffocation. Further, children can fall out, causing injury. This is the second crib recall in just four months: Jardine cribs were recalled in June, 2010. Another manufacturer, Dorel Juvenile, had cribs that were recalled and our January 7, 2010 blog article highlighted the need for the crib recalls.

The cribs, manufactured in Taipei, Taiwan, and distributed by J.C. Penny, have been known to cause two incidents of malfunction. Fortunately, the CPSC knows of no injuries. One of the incidents involved improper assembly.

In the Boston suburb of Reading, Massachusetts, a child was seriously injured in a Reading Public School system was recently sued by the parents of a young child injured during school recess. The Boston personal injury attorneys at the Law Office of Neil Burns represent children injured in accidents and have written extensively about this area on their website and in their blog.

This case is particularly interesting from a Boston attorney's perspective because the case addresses an often difficult issue regarding suing a public entity in the state of Massachusetts. Massachusetts public entities often cannot be sued because of the Massachusetts Tort Claim Act (MTCA), which provides immunity from lawsuits if the actor of the public entity was acting in their official capacity at time that the latter alleged tortuous conduct occurred.

Continue reading "Child Injured on Massachusetts Playground" »

In an effort to promote safety for our children, Massachusetts child injury attorney Neil Burns notes the following research reported in a British study. It was determined that there was a very high incidence of infant death among families that allowed their babies, average age 66 days old, to sleep in the beds with them. The incidence was higher when associated with alcohol or drug use by the parents. The physicians who undertook the study concluded that "many of the sudden infant death syndrome infants had co-slept in a hazardous environment."

The Bristol, England researchers who published their results in the British Medical Journal found that the "safest place for an infant to sleep is in a cot beside the parents' bed." They concluded that "parents also need to be reminded that they should never co-sleep with an infant in any environment if they have consumed alcohol or drugs."

Continue reading "Massachusetts Parents Warned to Keep Babies Safe - Away From Sleeping Adults" »

Ed Swartz, a senior member of the Massachusetts bar and longtime legal advocate for children, passed away this month in Chestnut Hill, Massachusetts. Attorney Swartz was a personal injury trial lawyer who devoted much time and energy to preventing injuries to children. Each year he would publish a "top 10" list of dangerous holiday toys, as the "pioneer" of toy safety, according to consumer advocate Ralph Nader.

Swartz was a trial lawyer who took on the biggest toy manufacturers. He won a jury verdict in Buffalo, New York, against Fisher Price for marketing small toys (Little People) to toddlers. Fisher Price redesigned the toy as a result. He represented the family of a victim of a traumatic injury against a pool company which put pictures of kids diving into a pool that was too shallow to dive into.

Attorney Swartz published the 1971 book Toys That Don't Care about the dangerousness of toys and the indifference of manufacturers. In 1986 he published Toys That Kill about the same subject. He was a regular at Congressional hearings, and on the 60 Minutes television show.