Massachusetts and New England Personal Injury Lawyer Blog

Teen Hit by Teen Driver in Waltham, MA

admin — Fri, 18 May 2012 18:39:42 +0000

A 15 year old boy was struck in Waltham, MA by a 17 year old van driver on Lexington Street. The accident occurred on May 17^th at 3:45 p.m. near Kennedy Middle School. The victim was flown by MedFlight to Tufts Medical Center in Boston for immediate attention after what looked like a serious accident. No charges were announced on the day after the incident.

Teen hit by teen

If you or a family member have suffered significant personal injuries as the result of a car accident and would like to speak with an experienced personal injury attorney at Swartz & Swartz, P.C., please contact us. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Recall Tots in Mind Crib Tents

admin — Fri, 18 May 2012 18:29:36 +0000

Retailers Agree to Recall Tots in Mind Crib Tents Due to Strangulation and Entrapment Hazard – One Death and Serious Brain Injury Reported

The U.S. Consumer Product Safety Commission (CPSC) and five retailers announced a recall of certain own crib tents and play yard tents made by Tots in Mind, Inc. CPSC warned parents and caregivers that infants and toddlers are at risk of serious injury or death due to strangulation and entrapment hazards presented by these products. The manufacturer, Tots in Mind, recalled the play yard tents in July 2010, however the company is no longer in business and has stopped all sales.

The government is aware of at least 27 tent failures including one fatality and one serious injury that occurred between January 1997 and April 2012 from crib tents and play yard tents made by Tots in Mind, Inc. In 2008, a two year old boy died after becoming entrapped between the bottom rail of a play yard tent and the top rail of a play yard. The fatality was reported in a prior recall with the firm in July 15, 2010. In 2007, a two year old boy sustained a catastrophic brain injury when the crib tent affixed to his crib tent inverted and the product’s broken rod trapped him at the neck. The remaining 25 reports to CPSC involved inverted crib tents—entrapments between the tent and the crib/play yard or failures of the tent fabric and zippers. Three of these 25 reports also resulted in injuries; in one such case, a parent reported finding her child turning blue and entrapped between the product and the top rail of the play yard.

Railings, mattresses, tents and other enclosures or openings in cribs and small beds sold for infants and young children may present serious hazards, including the potential for entrapment leading to strangulation or suffocation. Unsuspecting parents, who are often assured of the product’s safety in related marketing and packaging materials, may be unaware of these hazards.

At Swartz & Swartz, P.C., our injury attorneys pursue justice on behalf of victims of hazardous products and product liability throughout the United States. Our firm has a national reputation for successfully representing consumers and their families who have been victimized by defective products, resulting in severe and catastrophic injuries.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Fall Hazard Causes Recall of Aqua-Leisure Kids’ Trampoline

admin — Fri, 18 May 2012 18:22:40 +0000

A children’s trampoline product has been recalled due to the hazard it poses to young users. Approximately 40,000 Aqua-Leisure Industries’ First Fitness Trampoline with Handlebars were recalled as the result of findings that metal fatigue can cause the handlebar to break during use. The resulting exposed metal surfaces pose a risk of laceration, in addition to potential impact fall injuries from falls. Use of the trampoline, sold exclusively at Toys R US, has led to at least four reports of the metal connection joint wearing away and the handlebars breaking apart.

To read more on this topic please visit: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12181.html

The law firm of Swartz & Swartz, P.C. has successfully represented victims of hazardous products. If you or a family member have suffered significant personal injuries as the result of a defective product, call our law office at (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732. You may also reach us by email at attorney@swartzlaw.com.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

4 Year old boy drowns in murky pool in Westborough

admin — Fri, 18 May 2012 18:02:16 +0000

A 4 year old boy died the other day in a Westborough apartment complex in a murky swimming pool. The child had been missing for several hours.

The pool, surrounded by a chain-link fence that is about six feet tall, had not yet opened for the summer, according to the residents. The pool had been uncovered about one week prior to the incident so crews could start treating and cleaning processes. Police had been out earlier looking for the boy in the woods, empty apartments, and bushes nearby.

If you or a family member has suffered significant personal injuries, or if a loved one has suffered a wrongful death as the result of a dangerous product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732. Our product liability attorneys are here to answer your questions and protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Banzai in-ground pool water slides recalled after a death

admin — Fri, 18 May 2012 16:58:05 +0000

After the death of a 29 year old woman and reports of severe injuries suffered by other consumers, over 21,000 Banzai in-ground pool water slides have finally been recalled by Consumer Product Safety Commission (CPSC). The slides were sold at various retailers, including Wal-Mart and Toys R US.

Initial investigation determined that the slides were defective, with the potential to suddenly deflate as someone was sliding down, resulting in them falling to the ground. In addition, the product was also found to be unstable in normal windy conditions, causing shaking and falling over.

In addition to the reported tragic death, injuries associated with the water slides have included fractured and broken necks. For more information on this story, see: http://vitals.msnbc.msn.com/_news/2012/05/10/11624556-cpsc-recalls-blow-up-pool-slide-after-womans-death?lite

Our law firm has successfully represented scores of victim of defective products, including recreational products. If you or a family member has suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Disaster Explosion in Haverhill leaves a Family Devastated with Injury and Death

admin — Tue, 13 Mar 2012 19:56:39 +0000

A disastrous explosion in Haverhill, Massachusetts has left a family devastated, after serious injuries and loss of life. Firefighters arrived at the scene after neighbors reported hearing an explosion on the first floor. An elderly woman on oxygen was killed, and two of her middle-aged relatives were seriously injured. One of the injured was taken away in an ambulance, and the other was airlifted to a Boston hospital. Five others living in the home were fortunate to escape, including two toddlers and their parents. A woman on the second floor also escaped safely. The cause of the explosion is yet to be determined as the investigation continues.

Gas explosions, as well as burns caused by fire and electrocution, can have a devastating and catastrophic impact, often resulting in death or severe, permanent disabilities. Burn victims and their families suffer through long months of painful and costly medical procedures and rehabilitation in order to regain function. The psychological damage of a burn injury, especially highly visible burns to the face or hands, may last a lifetime.

The injury attorneys at Swartz & Swartz, P.C. have more collective experience in these cases than any firm in the New England area. We have handled burn injury cases in New England and throughout the United States.

If you or a loved one has suffered burn injuries from a fire, explosion or electrocution, contact a personal injury attorney at our Boston law office. We are here to answer your questions and protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Papa Bear Loungeabouts Recalled for Flammability

admin — Thu, 01 Mar 2012 20:43:01 +0000

The playful papa bear loungeabouts have been recalled due to flammability standard failure. The U.S. Consumer Product Safety Commission (UPCPSC) claims that about 10,000 of these pajamas have been recalled as they pose a burn injury risk to the kids who wear them. Fortunately, no one has been harmed by this hazard yet. These pajamas come is all shapes and sizes, including pajama pants, nightgowns, and more. Consumers are recommended to stop using this recalled sleepwear and return the product to the respective retailer for a refund, exchange, or store credit.

At any point during the design and manufacturing process, significant failures may contribute to a product’s hazards, including (1) missteps during the early design stages; (2) inadequate testing to ensure safe performance; and (3) marketing efforts that include inadequate instructions and warnings, or even fail to include any relevant cautions. Even one act of negligence during the process from product’s conception to its sale can cause catastrophic injuries and wrongful death once the product reaches the homes, schools and workplaces of unsuspecting consumers.

At Swartz & Swartz, P.C., our injury attorneys pursue justice on behalf of victims of hazardous products and auto defects throughout the United States. Our firm has a national reputation for successfully representing consumers and their families who have been victimized by hazardous products, resulting in severe and catastrophic injuries.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Johnson & Johnson’s CEO Steps Down

admin — Fri, 24 Feb 2012 17:34:40 +0000

Following an embarrassing streak of recalls, Johnson & Johnson’s (J&J) longtime CEO, Bill Weldon, has announced his resignation as the health care giant’s top executive. Product recalls ranging from Tylenol to Benadryl have cost the company hundreds of millions of dollars and has eroded consumer trust. Though Weldon has decided to step down, he does not intend to end his 31 year career at J&J unless asked to do so.

Products recalled during under Weldon’s tenure resulted from claims of contamination. J&J’s Mcneil Consumer Healthcare unit alone announced 25 product recalls since September 2009. With all of these manufacturing defects has come increased scrutiny and suspicion of many J&J facilities – one facility in Fort Washington, Pa. is being completely rebuilt. The volume of affected products has alarmed industry insiders as well a government officials.

At any point during the design and manufacturing process, significant failures may contribute to a product’s hazards, including (1) missteps during the early design stages; (2) inadequate testing to ensure safe performance; and (3) marketing efforts that include inadequate instructions and warnings, or even fail to include any relevant cautions. Even one act of negligence during the process from product’s conception to its sale can cause catastrophic injuries and wrongful death once the product reaches the homes, schools and workplaces of unsuspecting consumers.

Many tragic deaths and serious injuries could be avoided if corporations focused on preventive safety engineering and consumer education. Too often, manufacturers and distributors expend significant resources on self-serving public relations campaigns, rather than critical protection of the consumers who use their products.

If you or a family member have suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Consumer Product Safety Commission (CPSC) Patrols Borders For Unsafe Products

admin — Fri, 03 Feb 2012 22:05:46 +0000

In cooperation with border patrol officials, the Consumer Product Safety Commission (CPSC) has stopped millions of dangerous products from entering the United States. In the last two years alone, such efforts have yielded more than 6.5 million units of 1,700 different children’s products due to safety concerns and violations of standards. Chairman Inez Tenenbaum has reinforced her commitment to CPSC’s main mission of “[i]ntercepting dangerous products as quickly and as early as possible, well before they make their way into the hands of children and other consumers,” consistent with the vision for CPSC to “continue enhancing its protection of America’s families”.

The offending products have been varied in type and function, including mattresses, art materials, lighters screened for flammability, children’s items with lead content and more. While port surveillance is not a new tactic for border patrol security, CPSC’s enhanced role has steadily increased the size and effect of of its operations in the past few years. “The marketplace of imported consumer goods has expanded rapidly in recent years requiring CPSC to take an increasingly global view of consumer product safety,” claims the director of the office of import surveillance and inspection, Carol Cave. The CPSC has provided training and equipment that has proven very helpful in identifying the non-compliant products before they make their way across US borders and into the streams of commerce.

Many tragic deaths and serious injuries could be avoided if corporations became more attentive to preventive engineering and consumer education. Too often, manufacturers pour money into self-serving public relations campaigns, rather than into efforts for further protection of the consumers who use their products.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Obama Makes Nomination for the Fifth CPSC Commissioner

admin — Fri, 03 Feb 2012 22:01:43 +0000

President Obama has presented Marietta S Robinson as his nominee as a commissioner with the U.S. Consumer Product Safety Commission (CPSC). If confirmed, Ms. Robinson would be in place as the fifth commissioner now leading the government agency. The CPSC oversees the quality and safety of over 15,000 everyday consumer products. Ms. Robinson would represent an agency charged with protecting the public from unreasonable risks of injury or death potentially caused by many types of products manufactured, distributed and sold in the United States.

Ms. Robinson’s experience includes more than a decade of legal work in complex litigation, a Fellowship of the International Society of Barristers, as well as service as a fellow in both the American and Michigan Bar Foundations. If approved by the senate, Robinson will fill Democrat Thomas H. Moore’s vacated seat, allowing democrats to regain control of the commission. Robinson pronounced her excitement about being nominated, stating, “I’m very, very honored to be nominated, and I hope to get through Senate confirmation quickly.”

Many tragic deaths and serious injuries could be avoided if corporations paid less attention to their bottom line, and more attention to preventive engineering and consumer education. Too often, manufacturers pour money into self-serving public relations campaigns, rather than critical safety measures to protect the consumers who use their products. Although an underfunded and understaffed CPSC works diligently to uncover products that have the potential to inflict harm, the civil justice system remains an important check against the harm caused by defective products that nevertheless make their way into the streams of commerce.

If you or a family member has suffered significant personal injuries, or if a loved one has suffered a wrongful death as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732. Our product liability attorneys are here to answer your questions and protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink