defective products

August 16, 2011

Man Loses Sight in Left Eye after Massachusetts Beach Accident

A summertime accident on Cold Storage Beach in Dennis left a frequent visitor seriously injured after a beach accident in Massachusetts. The beach’s strong winds took an umbrella right out of the sand and caused it to fly directly toward a man, striking him in his left eye, according to the Cape Cod Times.

Lifeguards and a nearby physician rushed over to the man and provided him with first-air care. He was transported to Cape Cod Hospital in Hyannis and was later rushed to Massachusetts Eye and Ear in Boston for urgent eye surgery. It was there that doctors spent roughly five hours attempting to fix his ruptured eyeball. Unfortunately, the accident left his retina detached from the optic nerve. This is the nerve that connects the eye to the brain. Just a week later, doctors informed him that he would never be able to see out of his left eye again.

Our Boston personal injury attorneys would like to give credit to the man’s wife who says that she holds no anger against the unidentified owners of that lethal umbrella and agree with her in saying that this accident could very well have been prevented. While it should be the responsibility of umbrella owners to properly secure their equipment in the sand, it is also the lifeguards and beach official’s responsibility to warn fellow beachgoers to shut their umbrellas on windy days and help to ensure that they’re properly set up in the sand.

The town of Dennis has a policy in place to help prevent these types of accidents and was reportedly enforcing it at the time of the accident, but the wife of the victim claims she witnessed no such enforcement.

According to beach statistics, about 6 accidents happen on Dennis beaches each summer with most accidents being less severe than this.

Accidents on the beach are not uncommon. Beachgoers oftentimes will see and/or experience accidents involving boats, jet skis, umbrellas, parasailing injuries, drownings, lacerations from debris in the sand and all-terrain vehicle injuries. Many of these accidents can be prevented with the proper preventative safety measures. Rented umbrellas need to be properly secured by rental companies, jet skis need to meet all equipment rules and regulations, other beach rental companies need to be certified and trained in their operations and lifeguards need to be trained and alert when on the clock.

It is critical for you to contact an attorney if you or a loved one has recently experienced a beach-related accident. An attorney can help you to determine who may be at fault whether it is a company, the designer of a product or another beachgoer.

Here are some simple steps to help you place your beach umbrella securely in the sand the next time you hit the beach:

-First make sure that you choose a beach spot that will allow you and your buddies to have as much personal space as possible. Make sure you leave enough room to walk around and play.

-Before placing your umbrella into the sand, measure and mark the umbrella at least 18 inches from the bottom of the pole, measuring up towards the canopy.

-Put the umbrella into the sand and shift the pole back and forth while pushing down on it.

-Continue doing this until the sand is up to that 18 mark you previously made.

-Adjust the canopy of your umbrella so that the top is slanted towards the oncoming wind. This will help to prevent your umbrella from blowing away.

We hope that everyone gets out there and enjoys the beautiful weather that the summer months provide, but remember to be safe and consider the safety of others as well when you’re out enjoying our public beaches.
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July 15, 2011

Massachusetts Personal Injury Attorney’s Update on Recalled Household Products

by Jeffrey S. Glassman

Ever year, consumers are exposed to a number of household items that, because of manufacturing defects, can cause serious injury. To help keep residents safe, the U.S. Consumer Product Safety Commission (CPSC) has been working to ensure the safety of consumer products to reduce the risk of death and personal injury in Massachusetts and elsewhere throughout the United States for more than 30 years now.

The CPSC helps to protect consumers against possible fire, electrical, chemical, or mechanical hazards or can injure children. Our Boston personal injury attorneys realize that many consumers in Massachusetts may have some of these products in their homes. We would like to give you an update on which products have been recalled by the CPSC to help ensure your safety.

–Hamilton Beach Recalls Toasters: More than 300,000 Hamilton Beach classic chrome 2-slice toasters have been recalled because of a fire hazard if the toaster is placed near flammable items. The company has already received nearly 20 reports of toasters that did not pop-up as intended. A number of these incidents reported minor damage to kitchen cabinets. These toasters were sold at mass merchandisers and department, grocery and home center stores nationwide and various online retailers from February 2008 through June 2011.

–Adventure Playsets Swing Sets: The wood in the posts of the fort sections on the swing sets of these playsets can weaken caused by weathering and rotting. The rotted posts create a potential fall hazard. The company has received more than 500 consumer complaints that reported concern over the weakened wood. The playsets were sold at Academy Sports, Toys-R-Us, Walmart, Mills and Menards from 2005 to 2007.

–Mizuno USA Inc. Baseball and Softball Gloves: An estimated 131,000 gloves have been recalled after molds were discovered that could cause respiratory or other infections in individuals with chronic health problems. These gloves were sold at Walmart and Target stores nationwide from April 2010 through May 2011.

–Dollar Tree Glass Votive Candle Holders: Dollar Tree Stores Inc., of Chesapeake, Va. is recalling roughly 117,000 glass votive candle holders because of possible fire and laceration hazards. The glass votive candle holders can shatter while in use. This danger poses a fire and laceration hazard to consumers. The candle holders were sold at Dollar Tree, Dollar Bill$, Deal$ and Dollar Tree Deal$ stores nationwide from December 2010 through April 2011.

–Mini Stars Building Sets Recalled: The company has received roughly 18,000 of these building sets because the plastic knobs can break from the center of the stars and can posing a choking hazard to children. These sets were sold at small retail stores nationwide, online at Toys R Us.com, Amazon.com and CSN on walmart.com from January 2007 through December 2009.

–Chanel Recalls Silk Scarves and Garments: Chanel is recalling about 120 scarves and 34 garments, including dresses, skirts and blouses. These garments do not meet the federal flammability standard for wearing apparel and they pose a fire hazard to consumers. The items were sold at Chanel Boutiques, Neiman Marcus and Maxfield stores in March and April 2010.

In addition to visiting to CPSC website, you can all call the agency’s toll-free hotline, 1-800-638-2772, for more recall information. To report product complaints or injuries, you can call their toll-free number between 8:30 a.m. and 5:00 p.m. Eastern time Monday through Friday, except holidays.

Please check this information periodically to make sure that none on your household items are presenting any dangers to you or your family. You’re also urged to report any products that have presented any dangers of defects in your household.
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June 30, 2011

Boston Fireworks Law Proposal Could Lead to Personal Injury Risks

by Jeffrey S. Glassman

Massachusetts politicians are exploring a proposal that would allow residents to sell and purchase fireworks. Currently, the Bay State is one of only four nationwide that bans the sale, The Boston Herald reports.

Boston Personal Injury Lawyers understand that fireworks can be a fun way to celebrate holidays, especially with Fourth of July upcoming. But while they may be fun, they can be dangerous. Boston Child Injuries, such as those created by the use of large-scale fireworks, can be tragic.

A state representative from Gardner has proposed a law change that would allow Massachusetts to break free from the minority of states, including New York, New Jersey and Delaware, that don’t allow the sale of fireworks. While residents can easily drive to surrounding New England states and purchase them, the proposal could be a cash cow for fireworks distributors.

The proposal would legalize fireworks statewide, but allow towns to issue local permits.The measure would make it legal to have fireworks, but require a permit to use them. One-day permits could be issued by local fire chiefs for no more than $25, similar to burn permits already issued by fire departments.

The bill would ban the sale of fireworks in roadside push carts or temporary stands in order to spark permanent jobs. The bill must next be reviewed by the Legislature’s Committee on Public Safety and Homeland Security.

It’s not as if fireworks aren’t accessible to Massachusetts residents, but the bill would make them much easier to obtain. And with more access comes the possibility of more injuries, especially to children who don’t know how to operate them safely. Child injuries can lead to permanent disfigurement.

According to the Centers for Disease Control and Prevention, in 2008 seven people died and 7,000 people were treated in emergency rooms for fireworks-related injuries. And more than 4 out of every 10 people injured with fireworks were children under 15. Nearly 60 percent of those injured were under 20. Hands and fingers (1,400), eyes (1,000) and legs (900) are the body parts most often injured by fireworks, the CDC reports.

While fireworks are sometimes seen as a fun activity, especially during holidays, they can be dangerous — sparklers, for instance, burn at more than 1,000 degrees. They can catch clothes on fire and bottle rockets can fly wild and strike people in the eyes.

While it’s possible that human error is to blame for many of these accidents and injuries, some fireworks companies manufacture defective products in Boston and can lead to severe injuries. Investigating the design, construction and other factors related to fireworks after an accident can be important in determining whether the product was at fault.
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June 20, 2011

Chrysler Recalls 11,000 Vehicles – Faulty Parts May Lead to Boston Car Accident Injuries

by Jeffrey S. Glassman

The Government Accountability Office is cracking down on the defective car list provided by the National Highway Traffic Safety Administration (NHTSA) because they’re claiming that the Administration is not doing its job of making sure defective cars get recalled and repaired, reports The Car Connection.

As a matter of fact, the Government Accountability Office recently concluded that only 70 percent of cars and trucks that were recalled were repaired within 18 months. If consumers are not notified in a timely manner of these recalls, then the risk of being involved in a car accident in Massachusetts sharply increases.

Our Boston personal injury attorneys understand how common these recalls are. It is important for there to be an effective system in place to make sure than consumers are being notified as quickly as possible about the possibly dangers defects. The Government Accountability Office says the NHTSA needs to step up their efforts.They suggest that the Administration improves its recall database website and provide notifications to used car buyers quicker.

These concerns may be backed by solid numbers as a number of vehicles that are recalled are never repaired. When vehicles are sold or traded to dealerships or random independent buyers, getting that information to the deserving individual may be rather difficult, a lot more difficult than if the car is sold to a family member or close friend of the original owner. While vehicle manufacturers are virtually unable to track down current owners that are not listed in their databases, it is then the job of the Administration to ensure recall compliance.

Right now, the NHTSA has a database that anyone can search. This database includes vehicle investigations and recalls. Consumers can even sign up to receive e-mail alerts about vehicle recalls. They can also be notified about dealers that can perform recall repairs, which will generally do for free for the consumer even if your vehicle’s warranty is expired.

If you’ve still got some doubt, you’re urged to get in contact with a local dealer. They can help to verify if a particular recall repair has been completed on your current vehicle.

As a matter of fact, the Chrysler Group recently recalled more than 11,350 cars, minivans, and other models. The recall was made after a manufacturing problem was discovered that can cause the steering wheel to collapse improperly during the event of a collision.

Chrysler says that it does not know of any accidents or injuries caused the by the problem. The recall affects 11 of the 20 models that Chrysler has on sale for the 2011 model year. The missing or incorrectly installed rivet on the Chrysler vehicles can cause the problem and increase the risk of injury in a crash.

Recalled Chrysler vehicles:

Chrysler 200 midsize sedan and convertible
Town and Country minivan
Dodge Avenger
Caliber compact car
Caravan
Journey crossover vehicle
Nitro SUV
Jeep Compass wagon
Patriot
Liberty
Wrangler SUVs

The vehicles that are recalled were built from mid-April to mid-May.

The improperly installed rivets are supposed to hold the steering column adjustment mechanism in place. If one is missing or misaligned from the steering wheel then the steering column may not collapse properly when the driver’s body strikes it in the event of an accident, according to The Associated Press.

Dealers are available to check to make sure the rivet was installed correctly on your vehicle if needed. If not, they will be making repairs free of charge.
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December 27, 2010

Defective vehicles can increase risk of Boston car accidents

by Jeffrey S. Glassman

Purchasing a car is likely a big decision presuming the number of hours you spend in your vehicle per week. Like your home, you are looking for comfort as well as safe being during the hours that you spend in your vehicle.

The last thing we want is to purchase a vehicle to be followed by a recall notice a few months later that there is a defect in the car. Our Boston personal injury attorneys want to remind you to do your research prior to buying a vehicle so that you can make a well-informed decision.

It was recently announced that Toyota, one of the leading car producers, will pay penalties based on two different investigations for failure to report recalls on vehicle defects in a timely manner. The National Highway Traffic Safety Administration put Toyota Motor Corporation under investigation for the recall of two items. Ray LaHood, Secretary for US Transportation, stated “Safety is our top priority and we take our responsibility to protect consumers seriously.”

In 2007, Toyota recalled 55,000 vehicles due to a defect in the floor mats entrapping the accelerator pedal. Almost two years later there was a fatal crash in California involving a Lexus in which the floor mat, which was intended for another model, entrapped the gas pedal and lead to the crash. As a result, the NHTSA found that Toyota did not communicate the initial defect within the five business days that is required by law. To date, there have been almost 5 million vehicles recalled. Toyota will pay the maximum penalty of $16.375 million dollars to the Treasury Department’s general fund.

The second investigation resulting in a $16.05 million fine was with regard to failing to report defects in several Toyota models with steering rod malfunctions that caused a possible loss of steering control while driving. In 2004, Toyota recalled some truck models in Japan with this problem but reported no knowledge of this defect in any other models. Later, in 2005, Toyota admitted to the defect in several U.S. models and recalled over one million vehicles as a result. Consumer complaints of the defects led to the investigation by NHTSA where they found that Toyota did not comply with standards when it comes to recalling model defects in their vehicles.
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September 12, 2010

Massachusetts personal injury claim may result from ill-fitting booster seats

by Jeffrey S. Glassman

MSNBC is reporting on the safety of car booster seats after a new ratings list was released by the Insurance Institute for Highway Safety.

Our Boston personal injury lawyers have written before about the need to ensure the safety of the products you are introducing into your home, especially where children are concerned. The Consumer Product Safety Commission issues hundreds of recalls each year involving products marketed for children. In many cases, when a child or an adult is seriously injured or killed by a dangerous product, a Massachusetts defective product claim may be pursued.

Booster seats are a special case because the other half of the equation is the type of vehicle you own. In this case, the report looked at how well the seats mate with vehicles to keep children safe. The IIHS reviewed 72 models and assigned a “Best Bet” rating to the 21 booster seat that correctly fit a full-range of vehicles. Booster seats that don’t properly fit a vehicle’s seat belts can lead to serious injuries in the event of a crash.

“We’ve been rating booster seats for a full three years now and in this latest round we’ve found them to be a lot better than they used to be,” says Anne McCartt, senior vice president for research at the institute, which released the report Wednesday. “There are a lot more good choices for parents now with more boosters on our list of ‘Best Bets.”

Last year, only nine seats received the “Best Bet” rating.

The full-list of safety-rated booster seats is available here.
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July 28, 2010

Boston escalator accident on MBTA property may also involve product liability claim

by Jeffrey S. Glassman

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.
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July 24, 2010

Defective child products, baby cribs, a serious threat to the safety of Massachusetts toddlers

by Jeffrey S. Glassman

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.
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March 26, 2010

Mother Says Infant Died Due to Defective Baby Sling Product

by Jeffrey S. Glassman

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.