December 6, 2016

Event company shuts down after tent collapse in NH kills two

A Florida-based event company, Walker International Events, has momentarily ceased all of its business and has been fined $24,000 by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) after an investigation revealed multiple safety failures led to two deaths and multiple injuries when a tent collapsed in New Hampshire during a circus act in August of 2015. In total, there were 14 total serious violations of workplace safety that were found as a result of the OSHA investigation. Primarily, the company most egregiously decided to go forward with their outdoor circus act, despite imminent and well-established thunder storms raging through the area.

The storm ultimately played a large role in the tent’s collapse, as did the company’s failure to properly set up the tent to adhere to OSHA’s workplace safety standards.

The fine and subsequent closing of the company (pending the creation of new safety regulations and standards) will do nothing to console those affected by the tragedy that claimed the lives of a child and their father and injured dozens more onlookers.

OSHA regulations exist to prevent these tragedies

No matter how unconventional or unexpected the setting, workers in America are put into dangerous situations every day, including circus workers and performers. These workers are all supposed to be properly protected by their employers, who are responsible for adhering to safety standards that ensure the workplace is as hazard-free as possible. By choosing to ignore severe weather warnings and not properly constructing their tent, Walker International Events is complicit in the two deaths and dozens of injuries that resulted as a result of their negligence. In addition to the immediate implications this has for them financially and for their business, they will be liable for civil lawsuits from those affected by the incident as well.

All employers must take great care to not put their employees, or any civilians such as those coming to see a circus show, into any undue risk of injury or death. Failure to ensure this safety is simply unacceptable, and Walker International Events is learning that the hard way. Continue reading

November 29, 2016

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

by Altman & Altman

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

10 “Worst” Toys of 2016

by Altman & Altman

Santa Claus may be coming to town soon, but careful parents will be making sure that he’s not carrying any of these toys in his bag. Every year, World Against Toys Causing Harm (W.A.T.C.H.), a child toy safety group, puts out a list of ten of the “worst” toys to buy if you care about your child’s ultimate safety. Being labeled the “worst” doesn’t necessarily mean that your child can fashion the toy into a metallic shiv or that they can produce fulminated mercury with its contents, it simply means that the toy fails to properly warn parents of potential dangers with the product, or omits important safety information that parents should implement.

The list includes:

Slimeball Slinger – A projectile-shooting toy that can supposedly launch “slimeballs” over 30 feet. The toy safety group says it carries a risk of eye injuries.

The Good Dinosaur Galloping Butch – Based on the Pixar box office smasher, this toy has a spiny tail that the safety group alleges could cause harm to a child’s face.

Nerf Rival Apollo Xv-700 Blaster – As with all Nerf guns, and any kind of dart gun or projectile-shooting toy, this product carries a potential for eye injury. On the box, children are seen playing with a protective mask, but the toy safety group says that masks are not sold with the product.

Banzai Bump N’ Bounce Body Bumpers – The product manufacturer instructs in tiny print that children should wear protective gear such as helmets when crashing into one another wearing these inflatable toys, however the children on the box are not wearing any protective gear.

Peppa Pig’s Muddy Puddles Family – The toy allegedly doesn’t warn about choking hazards for two-year-olds, despite marketing the product for children aged 2 years and older. Some packages say ages 3 and older, which the toy safety group lists as an inconsistency.

Kids Time Baby Children’s Elephant Pillow – The image on the advertisements allegedly show an infant snuggling with this pachyderm pillow, however marketing pillows for children under the age of one is supposedly banned by a federal safety act. There are no warnings listed on the product.

Peppy Pups – The toy has a pull-string which can reportedly reach a maximum of 31 inches, despite safety regulations requiring children’s playpens to be a maximum of 12 inches. W.A.T.C.H. warns this toy has a serious risk of strangulation.

Flying Heroes Superman Launcher – W.A.T.C.H. asserts that the spinning, spectacular, supersonic super hero could harm children if it hits them in the eyes.

Baby Magic Feed and Play Baby – The toy contains a spoon small enough that could block a child’s airway if inhaled.

Warcraft Doomhammer – Simply enough, W.A.T.C.H. warns that kids could injure themselves or others by using this rigid, plastic battle hammer as it is seemingly intended to be used – as a war hammer. Continue reading

November 14, 2016

Royal Caribbean faces another lawsuit

by Altman & Altman

A vacation on a cruise ship can be one of the most relaxing experiences of your life. Unfortunately, with thousands of other people potentially on board, huge decks with plenty of room for accidents, and the persistent dangers of the open sea, a cruise ship vacation can also lead to one of the worst experiences of your life. Whether you contract a communicable disease from other passengers or crewmembers, get sick from the food, are tossed violently during stormy seas or slip and fall on a pool deck that wasn’t properly dried, there is no shortage of ways for you to fall victim to a cruise ship company’s negligence.

The most recently publicized lawsuit against a cruise ship company just happened on Nov. 3rd, after a woman slipped and fell on a slippery pool deck while aboard a Royal Caribbean cruise ship. The plaintiff maintains that the cruise ship company did not properly warn passengers of the hazardous conditions of the deck and failed to keep the area clear of obstacles and foreign items that may lead to injury.

The plaintiff reportedly suffered severe injuries to her knee and hand, and is now taking Royal Caribbean to court seeking damages, as well as payment of her legal fees plus interest.

Other cruise ship lawsuits

Another case that gained significant press was when another Royal Caribbean cruise liner ventured out into a storm that they knew was happening. The plaintiff in this case sued because he was allegedly tossed around in the storm inside his cabin and sustained serious injuries. All Royal Caribbean offered the passengers in response was an apology and a refund of their fares. There were 6,000 passengers and 1,500 crewmembers aboard the ship as it headed into potentially-dangerous seas.

The last recent lawsuit happened in October, and the plaintiff alleges that Royal Caribbean was directly responsible for him contracting Legionnaires’ Disease – a pneumonia-like illness with an up to 30% fatality rate. It can be contracted through water that is aerosolized, such as the water spray that is created in hot tubs on cruise ships.

The plaintiff asserts that he was only notified that the Royal Caribbean cruise ship had, in past cruises, confirmed the presence of the bacteria that causes Legionnaires’ after he had already boarded and the ship had set sail; via a note slid under his cabin door. Despite the cruise ship company’s assessment that they had “properly treated” the contaminated spas and Whirpool machines with chlorine, two people were later found out to have contracted the disease. Continue reading

November 8, 2016

Can One Concussion Cause Long-Term Damage?

by Altman & Altman

According to a recent study conducted by Oxford University scientists, when a young person suffers even one concussion, it can have long-term consequences. Head trauma can have a permanent impact on mental and physical health. This risk is greatly increased with multiple head traumas, but new evidence that even a single concussion can have catastrophic, life-long effects is alarming.

The study – the largest of its kind, to date – focused on individuals who suffered head trauma under the age of 25. The medical data covered a 40-year period, and the results of the study were startling. Young people who experience a single diagnosed concussion have:

A greater chance of receiving disability benefits
A greater chance of receiving mental health treatment
A lesser chance of graduating from high school than siblings
A lesser chance of attending college than siblings
Twice the risk of early death when compared to siblings without head injuries

In addition to the above results, the study also found that outcomes were better for those young people who suffered a concussion before the age of 15. In early childhood, the brain is more resilient than for young adults. For those who suffered multiple traumatic brain injuries, long-term consequences increased greatly. This new evidence is of special concern for families of children who participate in high-impact sports, such as football and rugby. Head injuries in young people are usually the result of sports injuries or motor vehicle accidents. If you are suffering from a head injury, contact a Boston personal injury lawyer today.

How to Identify a Concussion
A concussion may not be immediately obvious following a car accident or sports injury. Look for the signs and symptoms below if you or a loved one has experienced any type of head trauma.

Loss of consciousness immediately after the injury
Difficulty concentrating
Memory problems
Confusion
Blurred vision
Double vision
Severe headache or headache that won’t go away
Fatigue or drowsiness

November 2, 2016

Does a Personal Injury Settlement Affect Social Security Disability Payments?

by Altman & Altman

If a disability has left you unable to work, you may be collecting social security disability (SSDI) payments. If negligence played a role in your injuries and you are considering filing a personal injury claim, will a settlement impact your ability to receive SSDI payments? SSDI is a federally-funded program that provides disabled workers with a source of income if they cannot continue working. The general rule of thumb with SSDI is that you must report any wages you receive – even if those wages are extremely low. For example, if your disability prevents you from working your full-time job, but you take a five-hour-per-week shift at the local library, you must report those wages.

A personal injury lawsuit may result in a large settlement or court award. Does this payout need reported to SSDI? Although this compensation may be substantially greater than wages earned from a part-time job, there is one significant difference – settlements are not wages.

Exceptions to the Rule

October 31, 2016

Man awarded $4.6 million in asbestos case

by Altman & Altman

A 73-year-old man from Central Illinois has been awarded $4.6 million after suing the company that he worked for when he was a teenager following his diagnosis with cancer. Charles McKinney claimed that he developed cancer as a direct result of his work with the Portable Elevator Manufacturing Company when he was 19, stemming from an exposure to asbestos. The jury found that the company was negligent and liable since they were aware of the hazards of asbestos and did not properly warn McKinney about the risks of the job.

The multi-million dollar award shows how companies are not safe from asbestos lawsuits just because the affected worker ceased their employment with the company even 50 years ago. Unfortunately, stories like McKinney’s are not uncommon, and many affected asbestos victims certainly don’t win so much in damages.

Asbestos kills slowly

Scientific studies have shown that asbestos, a naturally-occurring, fibrous mineral used for decades to fireproof and insulate homes and businesses, doesn’t pose a risk to humans quickly. Rather, exposure to asbestos – most commonly through inhaling its airborne particles during construction or other physical disturbances to areas where asbestos was used – poses a danger years after exposure. Asbestos can cause cancer to develop in the membranes that surround your lungs and abdomen, which is known as mesothelioma. In recent years, mesothelioma cases have spiked and lawsuits have increased as well, as an entire generation of industrial and commercial workers are just now being physically affected by their exposure to dangerous asbestos from work done decades earlier.

Mesothelioma is most likely to result from prolonged, consistent exposure to asbestos, however it has also scarily enough been proven to be possible from one isolated exposure event. Even if you worked in an industry where exposure to asbestos was possible for just a short time, you may still be at risk for mesothelioma or a slew of respiratory problems that can occur as a result. Asbestos was so widely used that many states are still, today, making concerted efforts to rid municipal buildings, schools, businesses and residences of asbestos insulation, floor and ceiling tiling.

File a claim today if you have been affected

Because complications from asbestos don’t surface until well after the exposure happens, the statute of limitations for asbestos cases are handled differently. Depending on the state, individuals who have been adversely affected by asbestos have many years to file a claim from the date they learn that they have been diagnosed with any complications. However, if you or a loved one has been affected by complications stemming from exposure to asbestos, do not wait. With health complications naturally comes costly medical expenses, prescription medication, time missed from work and other financial hardships. Continue reading

October 13, 2016

Samsung Galaxy Note Recalled After Explosive Failures

by Altman & Altman

Citing safety reasons, the short-lived Samsung Galaxy Note 7 has been officially recalled by the worldwide leading technology company after at least five reported incidents within the past week of the phone’s lithium ion battery overheating and causing violent explosions. These recent explosions put the final nail in the Note’s coffin because they happened with so-called “replacement phones,” which were supposedly safe; a measure that Samsung took after dozens of reports, just in the U.S., of the originally-launched phones having similar failures. As of Oct. 10, Samsung officially called for all Galaxy Note 7 phones to be returned and for its stores to stop selling the device.

All Galaxy Note 7 users should halt use of their phones and return them to their providers for a refund. Samsung announced that returns will be eligible for refunds until at least Dec. 31, 2016. Since one of the explosions happened mid-flight on a commercial airliner, the FAA has issued a statement forbidding the use of the device by flight crew or passengers on any aircraft. The unprecedented recall of a device that just released in August will send serious shockwaves throughout the tech world. It has been reported that Samsung’s mobile phone stock dropped 8 percent due to the announcement, and The Verge reported they will lose approximately upwards of $17 billion. The exact cause of the mechanical failure is under investigation with Samsung and the U.S. Consumer Product Safety Commission.

Lawsuits likely incoming for Samsung

The recall is sure to spawn class action lawsuits and potentially civil suits against Samsung from the individuals who were harmed from the exploding phones.

One man from Nicholasville, Kentucky was woken up in the middle of the night by a sharp hissing sound. Scared to death, he saw his room filling with black smoke and saw his phone was ignited. A terrible smell filled the air. Later that day, the man went to the emergency room due to feeling nauseous, and reported “vomiting black stuff.” To make matters worse for Samsung, one of their employees responding to the man’s correspondence about the incident accidentally sent the victim a text message outlining what was obviously intended to be an internal affairs conversation talking about how to handle the man’s situation. “Just now got this,” the text message from the Samsung employee read. “I can try and slow him down if we think it will matter, or we just let him do what he keeps threatening to do and see if he does it.” It isn’t known if the man was threatening a lawsuit, but he would have firm ground to stand on if he were to pursue a suit for a faulty product. That accidental text message might not look good for Samsung in a courtroom. Continue reading

October 13, 2016

Mesothelioma – Rare, deadly, and not your fault

by Altman & Altman

It has been well-established since at least the 1970’s that asbestos – a naturally-occurring, fibrous mineral most commonly used for decades to fireproof and insulate homes and businesses – is a potentially dangerous material. Medical science is now conclusive that inhaling asbestos particles routinely over a long span of time, or even in isolated incidents, is detrimental to your health. In the worst of cases, asbestos inhalation can cause a cancer to form in the membranes that surround your lungs and abdomen. This cancer is known as mesothelioma, and there is no early detection procedures, reliable treatment or any cure for the disease. 70 to 80 percent of people with mesothelioma got the disease because of exposure to asbestos.

Since asbestos is most commonly found in the insulation of older buildings, construction workers and demolition technicians that worked back when asbestos was the standard material used are at high risk of developing mild to severe mesothelioma. Asbestos wasn’t just used domestically either. It was used in all assortments of military and industrial applications, so a large portion of our older workforce is also at risk. In all, there are about 3,000 cases of mesothelioma reported annually in the United States, but the numbers are reported to be increasing each year as the exposed population gets older. Most people diagnosed with mesothelioma are aged 55 or older. Mesothelioma may not present in patients for 20-50 years after the damaging exposure, so there is no guarantee that a person exposed to asbestos will not eventually develop the disease. Even scarier, medical experts report that one single exposure incident to asbestos can eventually lead to developing mesothelioma.

Symptoms of mesothelioma

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