Personal Injury

September 15, 2016

Exploding E-Cigarettes Can Cause Serious Injuries

Electronic cigarettes became available in the U.S. in 2007, and they quickly skyrocketed in popularity. Just seven years later, there were about 2.5 million e-cigarette smokers in this country, and more than 400 brands on the market. When demand for any product grows too quickly, problems can arise. E-cigarettes are no exception. These devices are linked to multiple serious health risks, including conditions as ominous-sounding as “popcorn lung”. Recently, however, the spotlight has been on e-cigarette explosions, and lawsuits are starting to add up.

In 2015, the American e-cigarette industry was estimated to be worth about $1.5 billion. Despite the associated risks, this figure is expected to grow to $10 billion by 2017. The most concerning aspect of e-cigarette sales is the misconception that they are somehow safer than traditional cigarettes. For starters, e-cigarettes are linked to multiple health risks. But the unknown risks are the most troubling. Until the U.S. Food and Drug Administration (FDA) created production and marketing restrictions in 2016, production, marketing, and sales of these devices were barely regulated. Due to this lack of regulation, many people have been harmed by e-cigarettes.

The Risk of Explosion

Although rare when compared to the number of e-cigarettes in use today, these devices can explode and leak harmful substances. Between 2009 and 2014, a total of 25 separate explosion incidences was reported. Apparently, an e-cigarette’s Lithium-ion battery is prone to leaking, especially when contained in a particularly small cylinder, such as an e-cigarette. When this fluid leaks, it can result in a buildup of pressure. This combustible and flammable fluid, when combined with an overheated e-cigarette, can cause the device to explode.

Multiple injuries have been reported due to exploding e-cigarettes. These include:

Damage to the face
Damage to the tongue and mouth
Property damage
Severe burns from fire
Severe burns from chemicals

The Harvard study found that 47 of the 51 tested e-cigarette flavors contained diacetyl.

Tips to Avoid E-Cigarette Explosions

The plethora of online “tips to avoid e-cigarette explosions” further emphasizes the risk.

Buy American made e-cigarettes
Buy a trusted brand
Read the instructions carefully
Avoid an overheated atomizer
Keep your e-cigarette away from water or liquid
Only use the charger that came with your device
Only charge your device in a clutter-free area
Do not charge your device for longer than necessary

August 30, 2016

Summer Isn’t Over Yet : How to Avoid Common Summer Injuries

by Altman & Altman

Warm weather and sunshine means more time spent outdoors, on the road, and in the water. School is back in session for many kids, but summer isn’t over yet. With Labor Day weekend around the corner, and several weeks more of warm, sunny weather, it’s wise to take precautions against these common summer injuries.

Frequent Summer Injuries

Motor vehicle accidents: Between Memorial Day and Labor Day, more young people are killed in auto accidents than at any other time. More people are on the roads, driving long distances to beach and lake houses. Young people often don’t have the skills and experience to handle the surplus of anxious, distracted drivers. To make things worse, drunk driving also increases during the summer. If you have a teen driver in the family, they should stay off the roads late at night and should never have more than two passengers with them at all times.

Dehydration, heat stroke, and sunburn: This summer has been an exceptionally hot and humid one for MA. The temps may be starting to fall a few degrees, but we are likely to experience more extreme temps before the cooler weather sets in. In the meantime, it’s important to get enough water when you spend any length of time outdoors. Stay in the shade, wear breathable clothing and a hat, and use a mineral-based sunscreen to protect your skin from sunburn.

Pool and natural water accidents: Most pools are open until at least Labor Day, and if the weather stays warm, people will be swimming and boating even longer. Make sure that young children are always wearing life jackets while boating or swimming. Adults should also wear life jackets when boating. And never, ever leave a child unsupervised in or near water. Not even for a minute.

Motorcycle and bicycle accidents: Summer and early fall are prime motorcycle and bicycle season. These seasons are also prime construction season. Construction debris, loose gravel, and other construction-related obstacles can be especially dangerous. Use caution. Motorcyclists and bicyclists should also wear a helmet at all times and follow the same rules of the road as car and truck drivers.

Food poisoning: Here’s some good advice for your upcoming Labor Day picnic. It’s fun to grill and eat outside, but perishable foods such as meat and dairy should not sit under the sun until they are ready to be eaten. If perishable food has been sitting out for more than 30 minutes, toss it. Food poisoning will ruin even the best Labor Day picnic.

August 2, 2016

Recent Study Shows “Bounce Houses” Become Much More Dangerous as Heat Rises.

by Altman & Altman

Bounce houses are temporary inflatable structures that are often rented for birthday parties, festivals, and other recreational purposes for use by children in and around Massachusetts. These houses are most common during the warmer weather. Although a popular activity for parents to treat their youngsters with, bounce houses may have a hidden danger as a study published by the University of Georgia reports. The new study highlights heat safety concerns with bounce houses that can endanger children. The University of Georgia examines the theory of microclimates within the bounce houses. The study investigated the potential heat-related risks that can be caused by microclimate environments in bounce houses, similar to microclimates in parked cars. Parked cars have been notoriously dangerous on hot summer days, especially when children and pets are involved. The report expands upon this danger and researches if the same risk could be applicable in bounce houses. The paper titled, “Do Inflatable Bounce Houses Pose Heat-related Hazards to Children” was published July 28 in the early online edition of the Bulletin of the American Meteorological Society. Specifically, the study compared temperature and moisture conditions inside the bounce house to the open-air climate outside the bounce house, as well as any consequential health risks that could be sustained form such conditions. “Heat illnesses like heat stroke can be deadly and occur in children participating in sports, left alone in parked cars, and as our study shows, potentially when playing in bounce houses,” said Andrew Grundstein, UGA professor of geography and co-author on the study. “Children are more sensitive to heat than adults and parents need to carefully watch their children for signs of overheating when active on hot and humid days. Signs there is a problem may include fatigue, nausea, vomiting, dizziness, and flushed, moist skin.” 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.

July 19, 2016

Boston Duck Tours Adds Second On-Board Employee to Prevent Future Accidents

by Altman & Altman

In response to the second duck boat-pedestrian collision in Boston this year, Boston Duck Tours will begin following new legislative requirements to prevent further deaths. Earlier this year, 28-year-old Allison Warmuth was killed when she was struck by one of the amphibious vehicles. And just last week, a pedestrian was hit by a duck boat on Newbury street, suffering non-fatal injuries.

Boston Duck Tours has voluntarily agreed to institute new requirements to prevent future accidents. These requirements include adding a second employee on board the tour. In previous years, the driver and tour narrator were one in the same. And this will remain unchanged until new legislation is implemented. With a non-driving narrator on board, the driver will be able to focus on what’s important, the road. In addition, the tour company will also add proximity sensors and cameras to each vehicle. Sensors will indicate when the vehicle is getting too close to another object, including other vehicles, cyclists, and pedestrians.

Just last month, state legislators proposed multiple new regulations for duck boats, including those mentioned above. “We are eager to move forward with this new staffing plan,” said Boston Duck Tours CEO Cindy Brown. “There is a lot of work to do. Boston is our home; we recognize what a privilege it is to serve residents and visitors and it has always been our commitment to do so utilizing best-in-class safety practices. This can only complement BDT’s current strong safety practices.”

Recruiting and Training New Employees Takes Time and Work

Although Boston Duck Tours is committed to the new regulations, the company admits that it won’t be easy. In a recent press release, the tour group emphasized the time and effort necessary to adequately train new staff. “This will take place through the remainder of this season, which ends in November, and will continue into the off season. The new employees will be in place at the start of the 2017 season next March,” stated the company in the release. So, while the company intends to make its tours much safer, the added safety measures won’t actually be put into effect until the start of next season. Continue reading

July 11, 2016

Mesothelioma Claims- What You Need To Know

by Altman & Altman

Malignant mesothelioma is a rare, asbestos-related cancer that forms on the thin protective tissues that cover the lungs and abdomen. It typically develops after people are exposed to asbestos in the workplace, often times in industrial settings, shipyards, auto repair shops, old houses, schools and public buildings. Mesothelioma usually develops after long-term exposure to asbestos, but short-term and one-time exposures have also been found to cause the cancer in some cases. Asbestos refers to the set of six naturally occurring fibrous minerals, chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. These natural fibers are extremely durable, able to withstand fire and most chemical reactions. Its durability made asbestos ideal for use in various commercial and industrial capacities, such as roofing shingles, floor tiles, ceiling materials, cement compounds, textile products, and automotive parts. However, it was discovered in the late 1970s that asbestos was hazardous to humans and is now known to be a human carcinogen. The microscopic fibers are easily inhaled and become lodged in the soft respiratory systems of humans, causing inflammation, scarring, and genetic damage.

One type of cancer that asbestos exposure can cause is Mesothelioma. This cancer can take anywhere from 20 to 50 years after exposure before symptoms appear. Many mesothelioma symptoms are so mild that few people notice them until the cancer progresses and symptoms worsen. Symptoms include, fatigue, pain near tumor, shortness of breath, dry cough, weight loss, fluid buildup, bowel obstruction, and difficulty swallowing. Although there is no cure or mesothelioma currently, many patients have been able to manage it with some traditional treatments such as chemotherapy and surgery.

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to substantial compensation. For victims of mesothelioma, there are several types of compensation available, including bankruptcy trust funds, settlements and trial verdicts. Veterans also can seek compensation from the Veterans Association. Mesothelioma claims hold companies accountable for exposing employees to asbestos and also compensate those employees financially for their medical bills and lost wages. Compensation can range from small amounts to millions of dollars depending on the claim. Continue reading

June 21, 2016

Liability Questions Surround Tragic Orlando Alligator Attack

by Altman & Altman

Last Tuesday, June 14, 2016, a two-year-old boy was with his family at Disney World Resort in Orlando, Florida when he was attacked by an alligator. The boy was playing in less than a foot of water when an almost 7 foot long alligator grabbed him and dragged him into the Seven Seas Lagoon by the popular Grand Floridian Hotel. After hours of searching, the boy’s body was found the next day less than 15 feet from where the alligator originally snatched him. An autopsy was performed, and the cause of death was determined to be drowning and traumatic injuries. Since his death, there have been many questions of liability regarding the incident. There were “No-swimming” signs posted around the beach and warnings regarding deep water and steep drop-offs, but there were no signs that warning of alligators. Now the question is can Disney be held liable for this boy’s death for having prior knowledge of these alligators and failing to warn its guests of the potential dangers?

The Florida Fish and Wildlife Conservation Commission estimates that there are about 1.3 million alligators in Florida, most of these being found in the wild. Of these alligators, most do not cause problems, but there are time when alligators attack or can be a pest to communities. The Statewide Nuisance Alligator Program (SNAP), the program responsible for dealing with alligator-related complaints, reported receiving 13,962 nuisance alligator complaints in 2015. Disney was aware of the presence of alligators in their lakes and lagoons; it even has its own wildlife-management team. One Disney grounds keeper confirmed this and also said that the gators rarely come on shore but “you should not go in the water.” The so-called Seven Seas Lagoon where the attack happened is a man made lagoon but it is connected to other bodies of water in areas packed with alligators. During the search for the boy’s body, five alligators were removed and all were euthanized to see if one of them was the gator who attacked the child. Continue reading

June 15, 2016

BMW Recalling Over 600K SUV’s

by Altman & Altman

BMW has announced that it will be recalling 622,000 SUVs worldwide due to potential problems with the child seat anchors in the vehicles. According to the report, these anchors may become damaged over time and therefore do not secure the seat properly. The models included in the recall are certain X3 SUV models including the xDrive 28i, xDrive28i, and xDrive35i model years 2011 through 2017, as well as X4 SUV models including the xDrive 28d, xDrive28i, xDrive35i, and xDriveM40i model years 2015 through 2017. There are about 189,000 vehicles being recalled in the U.S. alone. Documents posted on Tuesday June 14 by the U.S. National Highway Traffic Safety Administration explained that anchor bars for child seats in the SUVs could become damaged when people use European-style child seats. Therefore, most owners of the affected models in the U.S. do not experience issues because typically they use child seats with flexible Latch connectors, which do not cause the problem.

BMW originally discovered the problem with anchor bars in March when a customer in Europe reported a damaged anchor. The report stated that an unoccupied child seat moved sideways when the 2011 BMW X3 vehicle made a turn. The owner discovered that this was due to damage on one of the lower anchor bars. Two more similar reports were also presented to BMW, both from Europe. Upon investigation, more anchor bar claims were discovered, where one instance included the anchor bar completely breaking. In its recall summary, the National Highway Traffic Safety Administration stated, “The affected vehicles have lower anchor bars for securing child-restraint seats that may become damaged when using the European-Isofix-type rigid-style connector child-restraint system.” NHTSA also noted that these damaged anchor bars could increase a child’s risk of injury during a crash. BMW said that it is not aware of any injuries or fatalities related to problems included in the recall. To solve the problem, dealers will fuse a reinforcing bracket to the lower anchor bars at no charge to owners. This recall is expected to start July 12, 2016 Continue reading

June 7, 2016

What are the Most Dangerous Items in Your Home?

by Altman & Altman

The home should be a place of comfort and security. You can adjust the thermostat to keep warm in the winter and cool in the summer, prepare nutritious meals in your kitchen, read in your favorite armchair, take hot baths after a long day, and sleep peacefully in your cozy bed at night. But don’t let these comforts of home fool you into thinking accidents can’t happen. Serious injuries and fatalities occur at home all the time. Especially homes with little children running around – take a minute to look around to make sure that your keeping your house as safe as possible. Kids have a knack fro getting into the most obscure places and spaces. Safeguard your house by being aware of these most dangerous household items.

Cleaning Supplies

Harmful chemicals in cleaning supplies, such as bleach, can be extremely toxic. Unfortunately, curious youngsters can’t distinguish a deadly chemical from the juice or milk in their sippy cup. Make sure that bottle tops are screwed on tightly and that all harmful cleaning solutions are kept on high shelves, well out of a child’s reach. In addition to being dangerous if ingested, cleaning supplies can also be flammable, and can explode under certain circumstances. To prevent combustion and explosions, store chemicals at the proper temperature.

Refrigerators and Freezers

Young children love to hide in small places, including refrigerators, washing machines and dryers, and walk-in or deep freezers. Newer models often lock from the inside, which helps a child escape. But many older models do not have this feature. When not in use, make sure all appliances are locked, and always do a quick interior check before using a washing machine or dryer.

Sheds

The inside of a shed is often quite messy, filled with toxic chemicals, paint supplies, and dangerous tools. Guests see the inside of your house, but rarely the inside of your shed. Therefore, keeping it clean and throwing out old chemicals, rusty tools, and rotting wood isn’t usually a priority. However, young children may see your shed and think it’s perfect for a game of hide-and-seek, or for playing house.

To avoid serious injuries and death, keep your shed organized. Paint and toxic chemicals should be stored as they are in your home, safely out of the reach of children. The same goes for tools. Discard rotten wood, rusty tools, and anything else that presents an unnecessary risk. It is also important to use caution when placing items on shelves. Overstocking shelves, and allowing items to hang over the edge can spell disaster for someone walking or playing underneath. Continue reading

June 6, 2016

Safeguard Your Windows – Especially With Children in the House.

by Altman & Altman

In and around Boston, open windows in the spring and summertime are part of our culture, but there can be a real safety issue when opening windows with young children in the house. Many parents are aware of the hazard, but many also believe that this sort of misfortune will never happen to them. In reality, accidental falls are the number one cause of non-fatal injury for children. Data from the September 2011 issue of Pediatrics showed that 98,145 children had to be taken to the emergency room after sustaining injuries from accidental falls from windows over a 19 year period from 1990 to 2008. Reports show that every year accidental falls out windows are responsible for about eight deaths of children under the age of 5 and about 3,300 trips to the hospital from injuries sustained during a fall. It is also important to note that studies have shown that these falls occur more frequently during the warmer months because windows are more likely to be open to allow fresh air into a stuffy house. The rate of injury is the highest for children younger than five years old, and the injuries sustained by these youngsters are usually more serious. With all of these factors in mind, it is important to implement preventative measures to protect your children. There are simple and easy ways to help prevent children from having access to windows and accidentally falling out of them.

Keep furniture away from windows—not only is furniture seen as a play structure for young children to climb on, but furniture also allows children to be on the same level as the window, making accidentally tumbling out easier.
Know that window screens are used to keep insects out, not to keep your children in—if a child falls against a screen, the screen will most likely not support the weight of the child, thereby allowing the child to fall out the window.
Install window guards—these are easy to install and specifically designed to prevent children from accidentally falling out of windows.
Plan ahead and create a soft landing surface—plant soft shrubs or a plant bed under windows in the case of a fall to help prevent serious injury.
Manage clutter—be aware of potential tripping hazards near or around windows.

These simple safety tips can help prevent accidental falling and consequential injuring of a child. Over the weekend, a Brockton child was sent to Children’s Hospital after falling out of a second-floor window in her home. Fortunately, the child did not suffer any life-threatening injuries. However, some children are not this lucky when they accidentally fall out of windows. Therefore, parents need to focus on prevention of such falls. They are easy to prevent and could save the life of your child. Continue reading