February 21, 2017

Should Duck Boats Be Banned in Boston?

Multiple deadly accidents involving duck boats have occurred in cities throughout the country over the past few years. Duck boats are amphibious vehicles originally used during World War II to transport goods and troops across land and water. In more recent times, duck boats have been transformed into the ultimate tourist attraction, sightseeing vehicles that can float in the water and drive down the road alongside cars and trucks. Currently, more than a dozen American cities have duck boat tours, and Boston is one of them.

Boston’s fondness for duck boats is understandable; they have been used in parades and to celebrate sports championships for years. In fact, the New England Patriots just celebrated their Super Bowl win by riding down Boston’s streets in two dozen duck boats.

A String of Fatal Duck Boat Accidents Has Raised Concerns

Unfortunately, not everyone in Boston – and across the country – is as fond of these land-water vehicles. In fact, some advocates want to see them banned altogether. Five college students were killed in Seattle in a duck boat accident in 2015. In Philadelphia, three people were killed in two separate duck boat crashes. And right here in Boston, a duck boat ran over 28-year-old Allison Warmuth, killing her, last year. A Boston injury lawyer can help you determine if you should file a personal injury lawsuit after any type of motor vehicle accident, including those involving duck boats.

Ivan Warmuth, the father of the young woman who was killed by a duck boat last year, believes the vehicles should be banned. According to critics, the massive vehicles are dangerous due to their current design. Drivers have to deal with multiple blind spots, more than with other motor vehicles, making it difficult to see the road directly below them. In addition, the drivers typically double as tour guides, pointing out and talking about various historical landmarks as they drive through Boston.

Improved Safety Measures in Boston

Warmuth’s parents are lobbying for new legislation that will improve the safety of duck boats. They have already seen some success; MA has passed a law requiring duck boats to be equipped with proximity sensors and blind spot cameras. In addition, duck boats are now required, by law, to have a second employee on board. This will prevent the driver from being distracted by having to narrate the tour while operating the vehicle.

Following the accident that resulted in Warmuth’s death, the National Transportation Safety Board examined video showing the driver turning in his seat to point to landmarks while driving. ‘‘I hear again and again from Boston Duck Tours and any of these other companies that safety is their No. 1 priority, and if that’s the case, you can’t argue that the safest way to operate the vehicles is for the driver to also be giving the tour,’’ said Kevan Moniri, who was a passenger on Warmuth’s scooter when the accident occurred. He says he realized, as the duck boat approached, that the driver could not see them in his path.

Less than three months after Warmuth’s fatal accident, a woman from New Jersey was seriously injured when a duck boat struck her on a Boston street. If another’s negligence has caused harm to you or a loved one, you may be able to recover damages by consulting with a MA injury lawyer. Hopefully, duck boat tour companies nationwide will take the proper safety measures to reduce the risk of serious injury and death. In the meantime, consider the risks before taking a duck boat tour, and use caution when approaching a duck boat as a cyclist, passenger, or while operating a motor vehicle. Continue reading

February 20, 2017

What Injury is More Common in Massachusetts than Any Other State?

by Altman & Altman

Snowmobiling accidents? Slipping on icy walkways? Shoveling injuries? Although all of the above would make sense, they are not more likely to happen in MA than other states. And the actual answer comes as a bit of a surprise. It’s concussions. MA reports more concussions than any U.S. state. Why? Read on for more information about this surprising statistic and why MA seems to have such a high rate of concussions.

Amino, a company that analyzes electronic insurance claims, recently conducted an analysis of claims for each U.S. state. According to the company’s data, Massachusetts reports more concussions than any other state in the nation. Now, to be clear, this does not mean that concussions are the most common injury in MA, only that they are more commonly reported in MA than in other states. The most common injury in nearly every state was actually open wounds or bruising. Whatever the injury, consulting with a Boston injury lawyer can be instrumental in helping you obtain the compensation you deserve.

Amino studied about 244 million health insurance claims filed from 2012 to 2016. If nothing else, the results were interesting. New York reports more fist fight-related injuries than other states and residents of Missouri suffer more animal bites than residents of other states. So what’s the deal with MA’s high rate of concussions? Interestingly enough, many conditions were seen with abnormal frequency in multiple states, but MA was the only state with a higher-than-average rate of concussion diagnoses. So, it must be more than a coincidence, right?

Could Increased Awareness be the Reason?

A 2016 Blue Cross Blue Shield report may shed some light on these results. According to the report, MA diagnoses more youth concussions than any other state. In states with strong concussion education campaigns (such as MA), patients may be more likely to seek medical attention immediately after a head injury. Early treatment is extremely important when it comes to concussions. However, seeking medical attention for head injuries more often than other states may also raise the rate of concussion diagnoses. Basically, we may not get more concussions, we may just diagnose more concussions. The strong medical and health community in MA is likely at least partially responsible for our high rate of reported concussions. But that’s actually a good thing.

Beyond the medical community, other contributing factors could be regulations imposed by the state (to seek medical attention or test for concussions, for example), higher participation in sports than some other states, and higher rates of physical activity than many other states. If you have suffered a concussion due to another’s negligence, it is in your best interest to consult with a Boston injury lawyer as soon as possible.

Warning Signs and Symptoms of a Concussion

What seemed like a bit of bad news may actually be quite positive. Stricter regulations, strong healthcare, and a physically-active community all contributed to the Amino study’s findings. That being said, it’s still a good idea to be aware of the risk for concussions and to watch out for warning signs and symptoms following a car accident, any type of head trauma, or if you engage in high-impact sports. Symptoms of a concussion include:

Thinking and remembering symptoms: Inability to think clearly or concentrate, a general feeling of “slowness”, difficulty remembering new information.
Physical symptoms: Nausea and vomiting, headache, blurry vision, problems with balance, a feeling of dizziness, sensitivity to noise or light, fatigue.
Emotional or mood symptoms: Feeling sad, nervous or anxious, becoming easily upset, generally feeling more emotional than usual.
Sleep symptoms: Sleeping more or less than usual, difficulty falling asleep or staying asleep.

February 10, 2017

Hernia Mesh Surgery Failure- Do You Have a Case?

by Altman & Altman

What is a hernia?

The use of surgical hernia mesh is the one of the most commonly-utilized medical devices used to repair hernias – which occur when a muscle or organ protrudes through another piece of muscle or connective tissue due to increased amounts of pressure in the area of the body where the hernia occurs.

There are six common forms of hernia, and they can occur throughout different areas of the body; from hernias that erupt through a surgical scar to hernias that occur near the belly button. Hernias can happen to anybody, from those who are chronically obese to Olympic athletes and can occur regardless of age or gender.

February 10, 2017

Types of Head and Brain Injuries and Their Causes

by Altman & Altman

According to the Centers for Disease Control and Prevention (CDC), about 1.4 million people in the U.S. suffer some type of brain injury annually. Brain injuries can range from mild concussions to severe brain damage. If your brain injury was caused by another’s negligence, you may be entitled to compensation for medical expenses, pain and suffering, and lost wages.

Most Common Causes of Brain Injuries

Any type of trauma to the head, or sudden, violent “jostling” of the body, can result in injury to the brain. However, the causes below account for the majority of reported brain injuries annually.

Slip and fall accidents: Falling accounts for about 40 percent of all brain injuries in the US. The very young and the very old are most at risk. In children between the ages of 0 and 14, more than half of brain injuries are a result of falls. More than 80 percent of these types of injuries in the elderly are fall-related. A skilled Boston slip and fall attorney can help you determine whether to file a lawsuit for your injuries.

Blunt trauma: About 15 percent of all brain injuries in the US are caused by unintentional blunt trauma to the head. Blunt trauma usually occurs when the victim is hit by an object. For example, if a child “sneaks up” on mom or dad while they are golfing and gets hit in the head with a golf club, the child could suffer blunt trauma, and thus a brain injury. Nearly one-quarter of all brain injuries in children are caused by blunt trauma.

Motor vehicle accidents: Car crashes are the third leading cause of brain injuries, accounting for about 14 percent annually. However, they are the second leading cause of brain injury-related fatalities, at about 26 percent. Brain injuries can occur even without blunt trauma to the head. For example, if a car accident causes the body to jostle back and forth violently, the brain could move within the skull, resulting in brain damage.

Types of Brain Injuries

An individual’s prognosis following a brain injury is largely dependent on the type and severity of the injury. A mild concussion, for example, will likely heal well on its own without long-term side effects. But the most serious types of brain injuries can result in cognitive and physical impairments, and even death.

Concussion: When sudden movement or impact results in injury to the brain, the victim may experience a concussion. This is the most common type of brain injury and can be caused by direct trauma to the head or through violent shaking or force. Car crash-related whiplash is a common cause of concussions, as are sports injuries. A brief loss of consciousness may or may not occur, and concussions can range from mild to severe.

Contusion: This type of brain injury is characterized by bleeding on the brain, and is generally caused by blunt trauma to the head. Some contusions may need to be removed through a surgical procedure.

Coup-Contrecoup: These injuries occur when the brain suffers damage at the site of impact as well as on the opposite side. If blunt force to the head causes an injury at the site of the impact, but is forceful enough to slam the brain into the opposite side of the skull as well, the victim may suffer a coup-contrecoup injury.

All of the brain injuries above can be mild or serious, even fatal. If you are concerned that you may have experienced a brain injury, seek immediate medical attention. If your injury was the result of another’s negligence, you may wish to consult with a Boston brain injury attorney to determine whether you have a successful lawsuit on your hands. Although it’s always best to file a lawsuit as close to the injury incident as possible, even an older injury may be worth looking into. Continue reading

February 1, 2017

Slip and Fall Accidents at the Shopping Mall- Who is Liable?

by Altman & Altman

Slip and fall accidents are the most common injury suffered at shopping malls. They can occur due to uneven pavement in parking lots, spills in food courts that haven’t been mopped up, and ice and snow on walkways. Shopping malls also have escalators, which can result in serious injuries if poorly-maintained. If you have been injured in a slip and fall accident at the mall, contact a Boston personal injury lawyer today.

If you are injured in a slip and fall accident at the mall, you are likely to have two personal injury claims, one against the mall and one against the retail store you were in at the time of the incident. In a situation involving a retail store, you will file a claim against the store first, and the mall second. For example, if you are injured when you trip over an electrical wire in Old Navy, you will file the primary claim against Old Navy and the secondary claim against the mall in which Old Navy is located. If, however, your injury occurs in a common area, such as the food court, restroom, or parking lot, the claim will be against the mall alone. There is also the possibility that the mall brings in third parties to provide services such as clean, provide maintenance, plow, and they too may be liable if the cause was their fault.

Who is Liable?

January 24, 2017

$25 Million Settlement for More Than 1,000 Asbestos-Exposure Victims

by Altman & Altman

Hundreds of deaths and thousands of illnesses have been linked to asbestos exposure in the now-defunct W.R. Grace and Co. mine in Libby, Montana. Recently, more than 1,000 victims were awarded a $25 million settlement in a lawsuit alleging that Libby miners were never warned about the contaminated mine. The settlement, which involves nearly 100 lawsuits, claims that Montana health officials failed to protect victims. The state, however, argues that it had no legal obligation to warn workers.

What is Asbestos?

This settlement serves as a reminder that asbestos-related illnesses and deaths are still a significant problem in the United States. Exposure to asbestos, a naturally-occurring mineral made up of fine fibers, can lead to serious health conditions, such as mesothelioma, asbestosis, and cancer. Before its health risks were known, asbestos was commonly used in everyday products, including insulation and protective gear, due to its heat and fire-resistant properties. If you have suffered harm due to asbestos exposure, contact a Boston personal injury lawyer today.

January 18, 2017

Escalator incident leads to lawsuit in New Jersey

by Altman & Altman

A New Jersey family is filing suit against Simon Property Group and an escalator manufacturer after a terrifying escalator incident in a Pennsylvania mall resulted in the amputation of a 7-year-old’s toes on his right foot in 2014.

According to NJ.com, the boy and his family were shopping at the Oxford Valley Mall (owned by Simon Property Group) in Langhorne, Penn. on Dec. 14, 2014 when the boy’s foot became trapped in the escalator while he was riding it down.

The boy’s foot became trapped off the side of one of the steps, and then kept moving downward, but luckily somebody was vigilant and responded quick enough to hit the emergency stop button on the escalator, preventing more tragic damage.

December 15, 2016

5 Holiday hazards to watch out for

by Altman & Altman

The 2016 holiday season is in full swing. For all the wonder, joy and excitement that comes with it, so too does potential hazards to your health (and your bank account). There are a more than a few ways to be injured, or negatively affected, even in the most wondrous of wintry worlds.

As you navigate winter wonderlands, go riding in one-horse open sleighs, or even make a trek to the North Pole to see what this Santa fellow is all about, please be wary of these five potential hazards this season.

1. Perilous conditions

The biggest holiday hazard could be nothing else for us New Englanders. With the unparalleled good of the holidays comes the brutal beginnings of another northeastern winter. Whether it’s black ice and snow causing deadly conditions on the roads and highways, frosted stairs and sidewalks providing a slipping hazard, or snowfall causing dangerous roof cave-ins and ice dams, the weather conditions of the holiday season alone provide enough dangers to fill up emergency rooms across the region.

Always make sure that you have road-worthy tires on your vehicles (winter tires if you can afford them), that your brakes are in order and that your headlights are functional. Always exercise extra caution and go slow when the weather turns for the worse.

2. More traffic means dangerous traveling

A simple and unfortunate fact of modern life is that you are much more likely to get involved in a vehicular accident when there are more people on the roadways. With the craziness of the holiday shopping season, people flock to stores, malls and outlets like moths to a flame. People also travel more during the holiday season to visit relatives and loved ones. The added traffic will certainly cause much frustration, but it can also cause harmful and deadly accidents when combined with poorer visibility (since it gets dark earlier) and dangerous road conditions from snow and ice. Always exercise defensive driving tactics and keep alert!

3. Online scams

The allure of online shopping is obvious. It’s convenient, simple, and oftentimes the best deals can actually be accessed from your computer chair rather than a mall kiosk. However the simplicity and accessibility of online shopping has also opened up a door for scammers, identity thieves and cyber attackers intent on stealing your personal data for their own benefit. Always be wary of offers that seem too good to be true (you are NOT the one millionth customer and you did NOT win a free iPad), never give our your personal or financial information to strange websites, and always use your instincts to avoid places and situations that just feel fishy.

4. Decoration complications

Who doesn’t love a beautiful light display or a jolly inflatable Rudolph adorning the roof ? Decorations are part of the magic of the holiday season, but they can also spell disaster for the decorators. Lights need strung to rooves, which puts you at risk of a serious fall. Christmas trees with old, incandescent lights are potential fire hazards. Somebody may have negligently secured their tree to their car, causing it to spill onto the road in front of you and make you crash.

5. Holidays lead to more alcohol consumption

For some people, the holiday season is the time to be merry. And what gets people merrier than a little spiked eggnog? Unfortunately, an abundance of holiday parties also leads to an abundance of intoxicated driving, which only makes the wintry conditions more dangerous. Never drink and drive! Besides, it’s cold outside. Wouldn’t you rather stay the night by the fireplace? Continue reading

December 14, 2016

How to Determine if you Have a Valid Personal Injury Claim?

by Altman & Altman

Accidents can happen to anyone, anywhere. Whether you’re injured in a slip and fall, a motor vehicle accident, or as a result of medical negligence, you may be wondering if you should file a Massachusetts personal injury claim. The information below can help you determine how to move forward. Step one is to consult with an experienced injury lawyer; without skilled counsel, your chances of success are limited. If you’ve been injured in any type of accident, contact a Boston injury lawyer today.

Did Negligence Play a Role in Your Injuries?

Simply defined, “negligence” is careless behavior that results in an accident. This accident can cause property damage, bodily injury, emotional trauma, or all three. If a store owner fails to wipe up a spill because she wanted to enjoy her cup of coffee, and a customer slips and falls, the store owner is likely to be found negligent, and thus, liable for any injuries suffered as a result.

But How Do You Prove Negligence?

In most injury cases, five elements must be present to prove another’s negligence. These are:

Duty: In the above example, the store owner had a duty to her customer. The customer didn’t require an invitation to enter the store or browse the aisles. The store was open to the public and the store owner should have reasonably expected that any customer could walk in at any time. On the other hand, if a homeowner fails to wipe up a spill on the kitchen floor and a thief breaks in and slips on the spill, the homeowner is not likely to be found liable as he or she owed no duty to the thief.

Breach of Duty: In the above example, the store owner breached her duty to the customer because she failed to act as a reasonable person would in fulfilling the duty owed to the customer.

Cause in Fact: Also known as the “but-for” test, this element of negligence shows that, but for the store owner’s actions, the customer would have avoided injury.

Proximate Cause: If the customer breaks a hip in the slip and fall accident, the customer will likely be awarded damages for this injury. If, however, the customer was unable to pick up her son from school that day due to the injury, and her son was injured in a bicycle accident on the way home from school, these injuries will be outside of the “proximate cause” of the defendant’s negligence. Even though the bicycle accident wouldn’t have occurred, but for the neglected spill, its proximity to the harms at issue does not qualify it to be part of the lawsuit.

Damages: Finally, without actual damages, you don’t have much of a lawsuit. If the customer slipped and fell in the spill, but suffered no injuries, the customer will experience no damages as a result of the accident. Damages can include pain and suffering, medical expenses, lost wages, and property damages.

December 9, 2016

Lyft and Uber face stricter regulations for drivers

by Altman & Altman

Drivers who earn money chauffeuring commuters for the ride-sharing services Lyft and Uber will undergo much more comprehensive background checks, starting Jan. 6, that have been hailed as the most stringent in the country. Every current driver and those who apply to become drivers for the ride-hailing services will be put through a state criminal background check and an additional check of their driving records. The goal is to have every driver checked out by Apr. 3. The agreement was reached by the Massachusetts Legislature and signed by Governor Baker in late November.

Governor Baker expressed his intention to create a “national standard,” not just for these two companies, but for any ride-hailing services that may pop up in the future as well. The background checks will be conducted by a new division under the authority of the Department of Public Utilities, and will ensure that the driver is not a registered sex offender. The requirements will also mandate two checks of the driver’s driving records per year. The background checks are to be split up, one check being made by the individual company and another check being made by the state. At this point, these regulations are still written as “voluntary” measures to help ensure better passenger safety.

A major point of contention is that the new regulations do not mandate fingerprinting for Lyft and Uber drivers, which all cab drivers must undergo in Boston. Some insist that fingerprint records are the easiest and most effective form of background check. Lyft and Uber both maintain the efficiency of their current protocols, despite each having their share of incidents involving crimes committed by their drivers.

Sharing a car with a stranger can never be totally safe

There is a certain degree of trust that you place into a stranger when you climb into their vehicle and take off on a destination. A driver may come up totally clean on a background check, have no prior driving incidents or any indication of being dangerous, and then proceed to commit a crime or injure a passenger. This is an unfortunate reality of dealing with human beings in any facet of life.

While there is no comprehensive record on just how many violent or potentially-tragic accidents and incidents have occurred at the hands of ride-sharing service drivers, it is safe to assume that it is a real risk simply given the number of interactions daily and the services’ rapid growth across the nation.

These new regulations simply aim to make it more difficult for a bad person to earn the trust of a company and gain access to potential victims, which is a good thing. However, one should always be wary of their surroundings and remain aware of themselves when utilizing any service that places you in the care of a stranger. Continue reading