Children's Injuries

November 29, 2016

If a Child is Injured on My Property, Am I Liable?

Well, the short answer is, it depends. The fact that an injury occurred on your property does not automatically make you responsible. However, if negligence played a role, that’s an entirely different story. In addition, the rules of negligence are a bit different when children are involved. Read on to find out how to protect yourself from a lawsuit, and others from harm, due to premises liability and negligent supervision.

What is negligence?

Consider the following scenarios. In scenario A, an older gentleman with mobility issues injures himself when he falls on your dry, level, well-maintained driveway. In scenario B, that same gentleman steps into a large pothole in your driveway, falling and injuring himself. In scenario A, the fall wasn’t due to negligence. In scenario B, it was. When you fail to maintain your property by keeping it safe, you may find yourself at the center of a premises liability lawsuit. Contact a Boston personal injury lawyer today.

The issue becomes more complex when children are involved. Let’s consider scenario C. Your kids have friends over. One of the children is running on your dry, level, well-maintained driveway, when he falls and breaks his arm. A neighbor runs over to help the crying child. You are nowhere in sight. Ten minutes later, you return from a different neighbor’s house where you were having coffee. Even though the accident wasn’t caused by a poorly maintained property, you may be liable for negligent supervision because the child wasn’t properly supervised. In the scenario with the older gentleman, supervision wasn’t a factor. With the child, it is.

Attractive Nuisance

Another factor that is special to injury lawsuits involving children is something called an “attractive nuisance”. If your property contains an attractive nuisance, you don’t even need to invite a child onto your property, or be aware that he or she is there, to be found liable for an injury suffered on your property.

A swimming pool is the most obvious example of an attractive nuisance. If you have a swimming pool on your property, it must be properly secured at all times, even if you are not using it. As an attractive nuisance, a swimming pool increases your liability exposure. If you adhere to all rules and regulations, your risk of liability is much lower. For example, if a child sneaks in and drowns, but your pool had proper fencing, locks, a pool cover, alarms, and met all state requirements, you are much less likely to be found liable than if the locks were broken, the fencing wasn’t high enough, or a gate was open. In addition to swimming pools, trampolines and construction sites can also be classified as attractive nuisances. Contact a Boston injury lawyer today. Continue reading

November 18, 2016

Adult Woman Sues for Injuries Suffered as an Infant

by Altman & Altman

A California woman claims that injuries she suffered as an infant resulted in long-term damage that will affect her for the rest of her life. Caron L. Stapleton, the guardian ad litem for Catherine Emily Phillips, filed a complaint earlier this month, alleging that Phillips suffered serious injuries in 1996 due to a defective BabyBjorn carrier, and that the victim will require care for the rest of her life.

The complaint, filed in the U.S. District Court for the Northern District of California against Regal Lager Inc. and BabyBjorn AB, alleged negligence and various other counts. According to the complaint, as an infant, Phillips fell through a leg opening in a BabyBjorn carrier. The incident resulted in permanently debilitating injuries to the brain. The plaintiffs allege that the injuries were due to a defective carrier. They are suing Regal Lager Inc. and BabyBjorn AB for reckless design and the manufacturing of an unsafe product. If you have been injured by a defective product, contact a Boston injury lawyer today.

Statute of Limitations on Personal Injury Claims

In Massachusetts, the statute of limitations on personal injury claims is three years. However, the type of injury claim can affect the time limit. Some defamation cases, for example, and claims involving minors are sometimes given longer time limits. In the above case, a number of unique circumstances and the fact that Phillips was an infant at the time of her injuries, will be taken into consideration. If you are considering filing a personal injury claim, contact a Boston injury lawyer today.

Defective Products

The vast majority of products we buy in this country are safe, but marketing pressures and competition have put consumers at an increased risk over the years. If you are injured due to a product that went to market before proper testing had been completed, or without adequate warning labels, you may be eligible for compensation for medical expenses, pain and suffering, and lost wages. Consumers have a right to expect a safe product, or to be adequately warned of associated risks. If a product you purchased caused you unexpected harm, you may want to consider a defective product lawsuit. There are three types of product defect:

Design: These types of defects are part of the actual design – they were defective from the start. In most cases, the product must be redesigned to be safe.
Manufacturing: Manufacturing defects occur during the manufacturing process. Although the design may have been sound, a glitch in the assembly or manufacturing process has created a dangerous defect.
Labeling: Some products have inherent risks and require adequate warning labels. For example, fireworks and prescription drugs are both useful products that people purchase every day. But both carry a serious risk of injury. If labels don’t adequately warn of associated dangers, you may have a defective product lawsuit on your hands.

November 17, 2016

Scary Study -Teens Report Watching Videos and Posting on Social Media While Driving

by Altman & Altman

Driving is difficult to do in and around Boston without any distractions, narrow roads, bicyclists, and rush hour traffic all lead to tough driving conditions. Now add in the fact the the driver may be a teenager and may be on his or her phone – now you have a recipe for disaster.

Smartphones are addictive for all of us, not just teens. But teens have an inherent sense of invincibility that can be especially dangerous when it comes to smartphone use and driving. For starters, many young people simply haven’t been around long enough to see the consequences of risky behavior. They are living in the moment, and can’t fully appreciate how quickly an accident can turn a life upside down. In addition to feeling invincible, kids just don’t have the instincts and experience to handle a potential accident as well as a more experienced driver. Combine all of those factors with the distraction of a smartphone, and it’s no wonder more than 200,000 teens are injured in car accidents annually.

According to studies, smartphone users check their phones an average of 85 times per day. And that includes many of us who grew up without these devices. Today’s teens are attached to their cell phones from a very early age; in many ways, the smartphone has become an extension of the person using it. A report issued by State Farm earlier this year revealed that teens involved in a crash report internet usage while driving, including watching videos, at more than three times the rate of those who are not involved in crashes. In addition to watching videos while driving, the same group reported texting, taking pictures, using social media, and playing games, at twice the rate of others. If you’ve been injured in a motor vehicle accident, contact a Boston injury lawyer today.

One-Third of Teen Drivers Report Talking and Texting While Driving

This isn’t a small group of teens who happen to be engaged in dangerous behavior. Research has shown that more than one-third of teen drivers talk and text while driving. Interestingly, the older the teen driver is, the more likely he or she is to engage in such behaviors. Studies also show that teens who engage in texting and driving are also more likely to engage in other risky behaviors, such as not wearing a seat-belt, speeding, and driving under the influence of drugs or alcohol.

As parents, we often feel that much of our children’s behavior when not at home is out of our control. But research doesn’t back this up. Children whose parents model safe driving practices, including not texting or using a cell phone in any way while driving, are significantly more likely to do the same. In addition, it is important to educate your children on the dangers of cell phones and driving. They may roll their eyes and seem to not be paying attention, but if you remind them to buckle up and put their cell phone in the glove box every time they get in the car, they are far more likely to heed your advice. Talk to your kids about driving safety all the time, and practice what you preach! Continue reading

October 19, 2016

Keep Your Kids Safe this Halloween

by Altman & Altman

It’s almost time to don the witch, ninja, and princess costumes and go trick-or-treating in neighborhoods across America. It’s easy to make Halloween a safe and enjoyable holiday, but injuries can occur. Hundreds of children running around in the dark, dressed in costumes and amped up on sugar can present some hazards. With proper supervision, however, the risk of serious injury is dramatically reduced. Continue reading for tips to keep your child safe this Halloween.

Trick-or-Treat Safety Tips

Costume safety: Brightly colored costumes are best. Of course, if your daughter wants to be a witch or vampire, bright colors probably won’t work. But you can remedy this problem with a bit of reflective tape on the dress or cape, or by having your child carry glow sticks or a flashlight. In addition, costumes should be flame resistant and not so oversized or long that they create a tripping hazard. Non-toxic face paint is preferable to full-face masks, which can easily obstruct a child’s vision.

October 13, 2016

Facts about Erb’s Palsy

by Altman & Altman

The birth of a newborn baby is as natural of a miracle that we can observe in our world. A newborn baby represents hope, potential, and a clean start. Hundreds of thousands of births occur every single day, and unfortunately many of them have complications that result in various difficulties for the newborn baby and its family. One form of complication, Erb’s Palsy, occurs in infants who sustain nerve damage in their brachial plexus, a cluster of nerves that root in the shoulder, near the neck, and flow down into the arms. These nerves can be injured in various ways, such as during a difficult or abnormally stressful breach birth or when the baby is excessively large.

Sadly, one of the ways Erb’s Palsy can also happen is as a result of a doctor pulling on a baby too forcefully during a challenging birth. It most commonly manifests when a newborn’s head is twisted too sharply in one direction, tearing or cutting off circulation to the nerve cluster. The condition can cause long-lasting or permanent physical disabilities in the child, from temporarily being unable to move its arms or fingers to having full limb paralysis throughout its life. Most cases of Erb’s Palsy, which happens in about one out of every thousand births, are minor cases where the child can heal over a short amount of time on its own, due to the rapid cell growth and development of newborn babies. Parents can work with doctors and physical therapists to help gradually progress the newborn into overcoming the condition and establishing a normal life.

However, in some cases, if a child who suffered damage to their brachial plexus doesn’t heal naturally within three to six months, the doctors may recommend performing surgery on the baby’s nerves. This is only usually used for young infants, since their bodies can more adequately recuperate nerve function. The child may have to endure a nerve graft, which involves taking nerves from elsewhere in the child’s body and replacing the damaged nerves. In more severe cases, they may need donor nerves. Even if the surgery if successful, children who suffer from Erb’s Palsy may still experience weakness or loss of function in the affected arm. They will need to undergo months or many years of physical therapy if there is any hope for them to regain normal function. Some may even need to have surgeries later in life. Physically, children affected with Erb’s Palsy will have one arm that is noticeable smaller or shorter than the other. Continue reading

October 11, 2016

Concussions on the Playground

by Altman & Altman

Concussions are common on the football field and the hockey rink, but what about on playgrounds? According to the Centers for Disease Control and Prevention (CDC), about 21,000 U.S. kids suffer traumatic brain injuries on the playground annually. In addition, the rate of childhood concussions is rising. In 2005, 23 out of 100,000 children suffered a concussion, while in 2013 that number had risen to 48. Contact a Boston Personal Injury Lawyer Today. There has been a sharp rise in concussions among children, but the CDC isn’t exactly sure why. However, the agency has recommended “improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments.”

Monkey Bars and Swings

Although children can suffer traumatic brain injuries, including concussions, on any type of playground equipment, the two types of equipment most commonly involved are monkey bars and swing sets. The most important factor to take into consideration when allowing your child to use playground equipment is the safety of that equipment. Old, poorly maintained equipment can pose serious risks, as can defective or improperly designed equipment. However, kids can be injured on newer, well-constructed equipment as well. Proper supervision is necessary at all times to reduce this risk.

Soft Ground Surfaces Provide a Solution

Manufacturers of playground equipment can be held liable if negligence results in injury. If it can be shown that the equipment was poorly designed, defective, or lacked adequate warnings, the injured party may be able to recover compensation for any damages, including medical bills, pain and suffering, and lost wages. According to the CDC, the risk of concussions is dramatically reduced when playgrounds have soft ground surfaces, such as sand or wood chips. Steer clear of playgrounds with concrete ground surfaces as these can be very dangerous, even deadly.

Who is Responsible?

If your child suffers a concussion on the playground, who is responsible? Much of this depends on the location. If the playground is located in a city park or on school property, you may be able to file a claim for premises liability against the municipality or school. But these claims can be quite complex. Some government entities require that the claimant first file a notice of claim, which alerts the city or school that an injury has occurred on its property. At that stage, the government entity may, or may not, pay the claim before it goes to court. Continue reading

October 6, 2016

Post-Concussion Syndrome – Not Just a Football Injury

by Altman & Altman

Since a series of high-profile, ex-NFL players have succumbed early in their lives to terrible fates as a result of repeated head injuries – whether through chronic nervous system illnesses or suicide as a result of depression – the public dialogue concerning concussions and their effect on the human body has never been more apparent. Post-concussion syndrome, or PCS, is a wide range of symptoms that can appear from anywhere between hours to years after a concussion is sustained. PCS is a complex syndrome, and studies have shown that the appearance of PCS symptoms aren’t directly correlated to the severity of the brain injury. PCS symptoms can also simply appear in some victims and not others.

Symptoms of PCS can include:

Headaches

August 17, 2016

Motorcycles and Child Passengers – Is it Safe?

by Altman & Altman

For many people, riding a motorcycle is more than just a hobby, it’s a way of life. When motorcyclists utilize safe riding practices, they dramatically reduce their risk of serious injury and death. But the fact is, motorcycle riding is a risky business. Without the enclosed protection of a car or truck, motorcyclists are significantly more vulnerable to injury in an accident. Motorcycles are also much less stable than their four-wheeled counterparts. Adult riders assume these risks every day, but what about children? Is it unsafe, or even irresponsible to ride with a child? According to experts, it depends. Contact a Boston Motorcycle Accident Lawyer Today.

Studies show that about 60 percent of riders with injuries that require hospitalization are under the age of 16. This means that – at least in most cases – they were passengers on motorcycles operated by adults. Although it is not possible to eliminate the risk of injuries, there are steps you can take to ride safely, and responsibly, with your child in tow.

Safety Tips for Riding with a Child in Tow

Children should always wear a properly fitted helmet. Serious head injuries, including traumatic brain injuries (TBI), are the greatest risk child and adult riders face when on a motorcycle. TBI can result in permanent disability and can severely impact a child’s development, social skills, and life expectancy. A well-fitted helmet reduces the risk of TBI and should be worn by all riders at all times.

The proper safety gear can be the difference between life and death when it comes to child passengers. Protective clothing can protect against cuts and lacerations. Even better, a harness or belt helps to keep the child safely on the bike. It’s safer for children to ride behind the adult, but there is still a risk of falling. A harness or belt prevents a child from falling off the back of a bike.

Never ride with a child in front of you. This makes it challenging to control the bike, and it is actually easier for a child to fall off the front of the bike than the back.

Education is crucial, for both you and your child. Any child that rides on a motorcycle should first be taught the basics of motorcycle safety. These lessons include how to get on and off a motorcycle, how to ride as a passenger, and how to adjust the helmet.

Always drive defensively and never drive distracted. Do not assume that other motorists can see you. The small size of a motorcycle makes it “disappear” easily behind other vehicles. Obey traffic signs and follow all traffic rules.

August 16, 2016

After Alligator Attack, Disney is Building a Stone Wall to Protect Patrons

by Altman & Altman

Amidst all of the excitement of the upcoming summer months, tragedy struck back in June at Walt Disney World resort in Orlando, Florida. While visiting the park with his family, 2-year-old Lane Graves was grabbed by an almost 7 foot long alligator and dragged into the Seven Seas Lagoon. The boy and his father were playing in less than a foot of water located just outside the popular Grand Floridian Hotel. Hours later, the boy’s body was discovered less than 15 feet from where the alligator had snatched him. An autopsy later proved the cause of death was drowning and traumatic injuries.

This incident came as a major shock to the Walt Disney World community and to the entire country. Every year, an estimated 17.2 million people travel through the Magic Kingdom of Walt Disney World resort. Ever since the park opened in 1971, it has been a popular destination for families with children of all ages. Therefore, when this 2-year-old boy was drowned by an alligator, millions were disturbed. In response to the heartbreak, Walt Disney World has implemented several changes, both to make the park safer and to demonstrate its sensitivity to the incident. The first step Disney took was to place warning signs along all bodies of water on the park’s property. These signs warn guests to stay away from the water and not to wade in because of the potential presence of alligators. Previous signs around the lagoon had said, “No Swimming” but did not warn of the potential presence of alligators. Search teams also captured and euthanized five alligators found when they were searching for the body of the boy. One of these alligators was the animal that attacked Graves.

Since the incident in June, Disney has also completely eradicated all references and depictions of alligators and crocodiles from its attractions at the Magic Kingdom. There are no long alligators or crocodiles in any shows or parades and a more than 50-year-old warning sign telling parents to watch their children or “the crocodiles will” was removed from the Jungle Cruise at the Magic Kingdom. In addition to purging all alligator/crocodile references from the park, Disney is also building a stone wall around the Seven Seas Lagoon where Graves was killed. Immediately following the accident, Disney set up a series of ropes and nets around the water to keep guests away, but now the corporation is making the safety measures much more permanent. The wall will essentially be four to five feet of rocks that will make it nearly impossible for anyone to reach the waters edge. Officials from the park told the Orlando Sentinel that the wall is only part of a new security plan that the park will be executing. Continue reading

July 27, 2016

Dog Bites in Massachusetts – What Can I Do?

by Altman & Altman

The Center for Disease Control reported 4.5 million dog bites in the United States between 2001 and 2003. Annually, over 350,000 people visit the emergency room and 850,000 people need some sort of medical attention as a result of dog bites. The losses from the injuries total over $1 billion every year. Though there are millions of dog bites annually, only 15,000 to 16,000 of these victims receive compensation from homeowners insurance and renters insurance companies every year. The average insurance payment for a dog bite case is just under $30,000. If you are have been bitten by a dog or are the owner of a dog, you need to be aware of liability laws particular to your state and the compensation that you may be entitled to.

There are several laws in Massachusetts that are relevant to dog bite lawsuits. First is the statute of limitations for filing personal injury lawsuits. In Massachusetts, the statue of limitations is three years. This means, a person has three years from the date of their injury to file a personal injury lawsuit. This statute of limitations must be adhered to if you wish to bring your case to court. If you fail to file before the three-year deadline, you will likely not be able to bring your case to trial. In addition to the general statute of limitations, Massachusetts has a specific statute regarding dog bite injuries. The law can be found in Chapter 140, Section 155 of the Massachusetts General Laws. This statute states the liability dog owners have. According to this statute, a dog’s “owner or keeper” is liable if the dog causes personal injury or property damage, and the injured person was not trespassing, committing another tort, or provoking the dog. This liability not only applies to dog bites, but also to any injury caused by a dog. For example, if while you are walking down the street, a neighbor’s dog runs up and jumps on you, causing you to fall over and sustain an injury, the owner can be found liable. Note the law applies to property damage as well, including damage to livestock or damage from a dog chewing on other people’s belongings.

The way dog bite cases are handled differs depending on the state. Most states are considered either “negligence” or “strict liability” states. Massachusetts is a “strict liability” dog bite state. This means that dog owners are still held liable for bites and damage caused by their dogs even if the owner had no knowledge that the dog would cause injury or property damage. The victim does not need to prove the owner of the dog is at fault for the injury or damage under this law. Again, this law does not only apply to dog bites, but any injury sustained or damage to property.