William D. Kickham
William D. Kickham
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File this under “Some Things Never Change”: For years, everyone has been aware that long ago, (in 1971 to be exact,) the U.S. government banned cigarette manufacturers from advertising on TV. Much later, as part of a Master Settlement Agreement for tobacco liability in 1998, and the Family Smoking Prevention and Tobacco Control Act of 2009, additional bans against cigarette advertising were enacted, as follows:

• No cigarette advertising in media with substantial youth audiences.

• No use of cartoons in packaging, promotion, ads, or labeling.

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A few days ago, I posted on the subject of a Massachusetts dangerous products lawsuit involving an inflatable swimming pool slide and Toys R Us, where almost $21 million was awarded in 2006 by a Massachusetts jury to the family of a woman killed in an accident due to this defective product.

Very recently, Toys R Us appeared before the Massachusetts Supreme Court to argue that the jury’s award be overturned. Why? Because of a legal technicality, of course.

Attorneys for Ms. Aleo’s husband argued that pool slides have been governed by a U.S. Product Safety Commission standard since 1976, which they contend, applies to all types of pool slides, regardless of what material they consist of. Toys R Us contends that the standard was meant to apply to rigid (permanently installed, fixed) slides only, and not the inflatable, flexible slides that have increased in popularity in recent years. Mr. Aleo’s aunt and uncle bought the slide from Toys R Us through Amazon.com. It should come as little surprise to anyone that Toys R Us had imported the pool slides from China, where they were originally manufactured. Aleo’s attorneys asserted that the inflatable slide was never tested for safety, and that the product carried no required certification that it had been tested for safety.

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Here’s a real interesting story about defective products, and the legal liability that can attach to them. (This type of liability is known as Product Liability.) The story is also timely, since it’s summer now. Read on, and you’ll find out why.

Ever visit a friend who has a pool in their back yard, on a hot summer day? Fun comes to most people’s minds with such a scene. As a Massachusetts swimming pool injury lawyer, caution comes to mine. Swimming pools, especially the backyard/privately-owned ones, are especially dangerous places. They often have a “do-whatever-you-want, it’s our house” type of atmosphere to them, and this can invariably invite serious injuries. And worse, those injuries tend to be of the catastrophic variety, often involving either broken necks, broken backs, brain injuries and death. I’ve blogged previously about Massachusetts swimming pool injuries, and of what measure pool owners need to take to minimize the risk of a swimming pool injury on their property.

This case is more about unsafe and dangerous products. Exhibit “A” on this point: One hot summer day back in July 2006, a young woman by the name of Robin Aleo, from Colorado, was, along with her husband Michael, visiting her husband’s aunt and uncle in Andover, Massachusetts. Mr. Aleo’s aunt and uncle had a backyard in-ground swimming pool. She thought she was looking at the perfect day of fun at the family pool. She slid head-first down a 6-foot inflatable pool slide that had been purchase by her husband’s aunt and uncle through Toys R Us. The slide’s instruction manual and a small warning label near the ladder footholds stated that the slide’s weight limit was 200 pounds. Aleo, reportedly weighing 148 pounds, figured that was no problem. Down she went, head first. As she did so, the slide partially collapsed near the bottom, and Aleo slammed her head onto the concrete pool deck. She suffered massive injuries to her neck and head, causing her death the next day. She was 29 years old. Her husband and 15-month-old daughter witnessed the entire shocking event.

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A common question I get in my injury law practice is, “Who can I sue if I’m injured either as a pedestrian by a Massachusetts taxicab, or as a passenger in a taxicab?” That’s a good question. Answering it, sometimes, isn’t so easy.

That’s because of the arcane, byzantine way that taxicabs are licensed and “regulated” (I put that in quotes for good reason,) in Massachusetts. You see, to own and operate a taxicab business in almost any city or town in Massachusetts, requires a license. That license is called a “medallion,” and medallions are issued by cities and towns, who determine how many are issued. In large cities such as Boston, a relative handful of extremely wealthy individuals own the lion’s share of taxi medallions. These people essentially control the market for taxicabs in most large urban locations, such as Boston, Worcester and Springfield. Most of these individuals are millionaires. Nothing wrong with that – but there is plenty wrong with the way they do business.

And the cab drivers you see behind the wheel of any given cab in any given city? Who are they? They’re not employees of the taxi medallion owner. They’re just “solo operators” – what are legally called independent contractors. They pay a given amount of money to the cab owner (at least $100, and then even more under the table) to get the keys to drive one of the taxi owner’s taxis for a 12-hour shift. They aren’t in any way trained, they don’t work for the cab company owner – and most importantly – they don’t carry any liability insurance. Which means that if you’re injured by one of those taxicabs as a pedestrian on the street, or you’re in a taxicab as a passenger, that driver has no liability insurance to pay for your injuries.

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Here’s a typical scenario in life, which can suddenly go off into a direction you never anticipated.

You go the furniture store, planning to buy some pieces for your new home or apartment. Wow – you see beanbag chairs, which are “just the ticket” for the informal recreation room for your children. You make your purchase, have the chairs delivered, and assume that you can sit back and enjoy things.

Only there’s a real threat tucked inside those beanbag chairs — one that never crossed your mind.

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Made popcorn lately with the Avon Popcorn Maker? Chances are it was anything but a Jolly Time.

Recently, the U. S. Consumer Product Safety Commission recalled Avon Microwave Popcorn Makers, due to burn and fire hazards and the possibility of injuries from using them. The CPSC has instructed consumers who use this product to cease doing so at once. And remember, it is illegal to resell or attempt to resell a recalled consumer product. As of May 16, 2013, it was found that when cooked too long, the popcorn can overheat in the Avon popcorn maker and ignite, causing a fire and posing a possible burn injury to consumers.

Apparently Avon Products has received approximately 20 reports of the popcorn makers overheating. Two episodes resulted in fires, damaging the microwave ovens.

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Every parent – and of course, every soccer Mom – knows all too well the chaos and confusion that comes with the territory, when you shuttle your children around in the car. What tunes should you play on the radio? How to handle the fights between siblings? Darn, my toddler is crying — what do I do now? Not to mention just taking care of yourself, be it munching on a cracker or taking a sip of coffee. And, let’s not forget that evil of all evils, talking on the cellphone. Every parent multitasks, even in the car – it just seems to go with the territory when you have kids.

And that’s exactly where it gets dangerous – in the car. As a Boston Massachusetts distracted driving accident lawyer, I’ve seen far too many cases where parents took their eyes off the road – to disastrous consequences. A recent study from the University of Michigan tells the horrifying story. Researchers there polled more than 600 parents about their distracted driving. Here are some of the shocking – and frightening statistics – that should make every parent stand up and take notice (except while in the car, of course.) These problems need to be addressed, faster than you can say, “Baby on Board.”

* Child care: 70% of parents polled said they also handled child care simultaneously when driving with children

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This blog post is for all of the parents out there who might be reading this. If your child is at home with you right now, lean over and give him or her a big hug, and thank your lucky stars that he or she is safe.

And if you by chance are reading this because your child has been injured by a car or a bus – read on. You have my empathy and sympathy. I’ve been a Boston pedestrian-car accident lawyer for a long time, and I know firsthand how painful any car accident is for the injured parties – and their families.

Today I’m focusing on children, who need to be protected from Boston pedestrian-car accidents.

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Binland Lee was 22 years old and set to graduate from Boston Univeristy later this month. Tragically, she is dead today, killed last Sunday, April 28 2013, in a three-alarm fire that tore through her apartment in Allston. Beyond Ms. Lee’s fatality, nine additional residents and another six firefighters suffered injuries in the blaze. According to the Boston Fire Department, the fire was started by careless smoking. The Suffolk County District Attorney’s office is investigating to determine if criminal charges are warranted in the tragedy.

Aside from the possibility of careless smoking, there is an equal if not greater concern here: The dilapidated state of a great many of apartment buildings in Boston – especially in Allston and Brighton, which are “home” to thousands of BU students every year, who live in off-campus housing. Aside from being a Boston, Massachusetts burn injuries lawyer, I know this very well, because I grew up on the side of Brookline just down the street from these areas. I’ve seen them a million times, and been in them many times in my younger years. To be kind, many of them are one step above a slum: Virtual dumps and firetraps that haven’t been upgraded in decades. In many cases, they’re also overcrowded, housing a greater number of occupants than they legally should be. Liability for injuries sustained in such dilapidated buildings falls under an area of law known as Massachusetts premises liability.

Initially, that may well have been the case in this tragedy. News reports have stated that nineteen persons lived in this building, located at 87 Linden St, Allston. A city of Boston ordinance prohibits more than four unrelated college students from sharing or occupying the same dwelling. As of the date of this post, city officials have stated that no less than six of the 19 residents were students from BU. According to a city Inspectional Services spokesperson, the last time that the building was inspected was in 1992 – 21 years ago – and the building owner was allegedly cited by the city for operating an illegal rooming house. According to Ms. Lee’s uncle, Da Ren Kwong, when her mother visited her in Boston, she expressed concerns about the building’s safety. According to Mr. Kwong, Ms. Lee’s mother saw exposed wires on at least one wall, but Ms. Lee assured her mother all would be well. While the property owner’s lawyer has claimed that the building has passed inspection many times in the ten years his client has owned it, the city Inspectional Services Department disputes that claim, insisting that their records show that the last time the building was inspected was in 1992.

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My wife and I were watching an episode of the hit show Shark Tank on TV a few weeks ago, when we were shocked to see an entrepreneur’s latest offering: pancakes ladled with caffeine, so you could have your sugar and caffeine in one easy fix, no coffee required.

As a Boston product liability lawyer, I just have to ask: When will marketers stop pushing crazy “energy” food products to the American public? The proof is already in: “Energy products”, and “energy drinks” specifically, are very dangerous, and have even led to Massachusetts wrongful death lawsuits. Massachusetts Representative Edward Markey said recently, “It’s time for energy drink makers to stop masking their ingredients, stop marketing to kids, and start being more transparent with their products.”

I wholeheartedly agree. Consider these facts:

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