Articles Posted in Personal Injury

When the temperatures rise, so does the risk of accidents and injuries. Summer activities can be fun and healthy, but it is crucial to be aware of the safety hazards that accompany them. This is especially true when it comes to children. Playgrounds, swimming pools, and lawn mowers can all be dangerous, but with proper supervision and safe practices, you can greatly reduce the risk of serious injury and death. Contact a Boston Personal Injury Lawyer Today.

Playgrounds

Before letting your child play on a playground, make sure it is safe! Outdated, faulty, and defective playground equipment is responsible for serious injuries and deaths every year. By following the tips below, you will dramatically reduce the risk to your child.

As the warmer weather approaches, Boston and the surrounding areas begin to prepare for increased tourism and heavy traffic. This year, a major part of this preparation involves testing manhole and storm drain covers in and around the city. The Massachusetts Department of Transportation (MassDOT) wants the public to know they haven’t forgotten the deadly accident earlier this year that resulted in the death of a young teacher. Milton elementary school teacher Caitlin Clavette was killed in February when a loose manhole cover became airborne and crashed through the windshield of her SUV. Contact a Boston Personal Injury Lawyer Today.

More than 1,100 Manhole Covers in Boston

In the wake of Clavette’s death, MassDOT has begun an investigation of the more than 1,100 manhole covers throughout the city of Boston. The cause of the accident, which occurred in the O’Neil Tunnel, is still under investigation. The manhole cover, which weighed approximately 200 pounds, may have become airborne due to an underground explosion. But the first step in preventing a similar tragedy is to physically test all manhole and drain covers, perform maintenance where necessary, and ensure that all covers are securely bolted down. “That’s something that should have been taken care of years ago,” said Randolph resident John Thermitus.

Many of the City’s Manhole Covers Remain Unsecure

Immediately following February’s freak accident, MassDot tested and performed maintenance on a total of 69 manhole covers. Despite their efforts, some Boston-area drivers are worried about a similar occurrence. Although MassDOT is continuing to inspect the city’s manhole and drain covers, some people are worried they’re not working fast enough. As of April, many covers remain loose, not securely bolted down. “I think that causes a lot of concerns for other drivers. Not only do we have to worry about potholes, now we have to worry about manhole covers that are loose,” said Thermitus.

To improve standards and follow best practices of other states, MassDOT “is revising road infrastructure inspections, which are done every two years … to include more physical tests of each cover site, such as checking the stability of the cover.”

MassDOT has come under fire in recent years for multiple issues, including bus accidents, train accidents, and massive breakdowns in the public transit system. Hopefully this will be a turning point for MassDOT’s reputation. Continue reading

Every March, the Brain Injury Association of America (BIAA) works to raise awareness about brain injuries. The theme for this year’s Brain Injury Awareness Month is ‘Not Alone.’ The campaign is focused on educating the public about the incidence of brain injuries, as well as how they can help victims and their families. The campaign also aims to reduce the stigma surrounding this type of injury, empower survivors, and help people locate the support they need. Contact a Boston Injury Lawyer Today.

Brain Injury Facts and Figures

• Each year, more than 3.5 million people experience an acquired brain injury (ABI), an injury typically caused by electric shock, oxygen deprivation, infectious disease, stroke, seizure disorder, drug abuse, trauma, or certain tumors.

• Currently, there are more than 12 million Americans living with ABI.

• Traumatic brain injury (TBI) is a type of ABI caused by external-force trauma.

• Annually, about 2.5 million people suffer TBIs in the United States. Of those, about 2.2 million are treated in the emergency department, 280,000 are hospitalized, and 50,000 die.

• Someone in the U.S. sustains a TBI every 13 seconds.

• One out of every 60 Americans lives with a TBI-related disability (about 5.3 million people).

• The most common causes of TBIs are falls (40.5%), being struck by something (15.5%), motor vehicle accidents (14.3%), and assaults (10.7%).Concussions are Brain Injuries Too

Physicians are taking this opportunity to highlight the importance of treating youth sports-related injuries. These injuries are often downplayed, sometimes resulting in long-term damage that may have otherwise been treatable. Dr. Jeffrey T. Barth, a brain injury expert in Virginia, is working in collaboration with a team of brain injury professionals to educate young people on the prevention and treatment of concussions. The team will reach out to students, parents, teachers, coaches, and the community at large to help them learn how  to identify concussion symptoms, and what steps to take when an injury occurs. To do so, Dr. Barth and his team will work with athletic directors and sports coaches on baseline assessment programs he created. These programs help coaches, players, and other team members to evaluate the severity of a head injury based on cognitive tests conducted on each athlete prior to the injury. Continue reading

Even a seemingly harmless social media post can be used against you in a personal injury lawsuit. For example, let’s say you are suing your insurance company for back injuries sustained in a car accident and the insurance company finds a recent Instagram photo of you at a yoga retreat. Of course, the simple act of doing yoga doesn’t mean you are lying about your injuries. Many factors may come into play, including the type of yoga you were doing. Maybe it was a mild, therapeutic yoga intended to strengthen the muscles supporting your back. However, even if a picture is deceiving, the insurance company may use it to call your credibility into question. Contact a Boston Personal Injury Lawyer Today.

In addition to pictures that make you look “less injured” than you claim to be, social media posts can also contain information that contradicts statements made by you or witnesses. If you claimed that an accident occurred daylight hours, but posted the following on Facebook at 10 pm the day of the accident, Sitting by the pool, drink in hand, loving life, you may have some explaining to do.

What About Privacy Settings?

For starters, your social media posts may not be as private as you think. I for one thought that nobody could see anything I posted on Facebook unless they were a ‘friend,’ until someone I barely knew congratulated me on buying a house. Turns out, photos that you’re ‘tagged’ in can be seen by the friends of everyone else who is tagged in them. If any of those people make their posts public, the posts can be seen by anyone, anywhere.

Even if you’ve chosen a Fort Knox-caliber privacy setting, courts still have the power to order you to disclose social media information. If the defense believes your social media accounts include information relevant to the lawsuit, this will almost certainly happen. In fact, a plaintiff may be ordered to refrain from deleting or editing any information posted to a social media account for the duration of the case.

The best way to avoid a sticky, social media situation if you’re involved in a lawsuit is to prevent the posts from occurring in the first place. Continue reading

With this year’s first big snow storm on its way, the risk of car accidents, property damage, and slip and fall accidents increases substantially. However, by taking proper precautions, these risks can be reduced, if not eliminated altogether. Being prepared for heavy snowfall, below freezing temps, and ice can prevent everything from burst pipes to fatal car accidents. Spending a few dollars and a little bit of time preparing your home and vehicle can save you thousands of dollars in property damage and medical bills. Contact a Boston Injury Lawyer Today.

Tips for Protecting Your House in Winter

In New England, frozen pipes, power outages, and downed trees are a common winter occurrence. All of these unfortunate circumstances can result in thousands of dollars in property damage, and can even create dangerous situations. Utilize the following safety tips to protect your family and keep your home safe and secure in severe weather this winter:

• Trees within close proximity to your house and power lines should be trimmed back
• If you use oil or propane for heating, make sure your tanks are adequately full
• Check heating vents to make sure that heat is reaching all of them
• Have a backup heat source, such as firewood or a generator, in case you lose power
• If a backup heat source is not possible, make sure that you have plenty of heavy blankets, warm clothes, coats, hats, and candles on hand
• If you lose power, let spigots run at a slow trickle to prevent freezing pipes
• Insulate and heat pipes in crawl spaces and cold basements to prevent pipes from freezing and bursting
• Clear your roof of significant snow and ice accumulation
• Ensure that all walkways, sidewalks, and entrances are clear of snow and ice by shoveling and using ice melt or sand

Winter Car and Truck Safety

If you must drive during winter weather conditions, make sure your car is prepared. Use the following safety tips to reduce your risk of accident or injury:

• Inspect tire tread and air pressure prior to setting out on icy or snowy roads
• Make sure that your gas tank is always at least half full
• Store emergency supplies, such as bottles of water, sand, a flashlight, blankets, an ice scraper, a shovel, and jumper cables in your trunk
• Make sure that windshield wiper fluid is full and that wipers work
• Consider using a de-icing wiper fluid during winter months
• Clean all snow and ice from your car, including from the roof
• If you must drive on snowy or icy roads, keep ample distance between your car and the car in front of you, avoid excessive speeds, and drive defensively at all times

Continue reading

Chipotle is a popular Mexican restaurant chain, known for fast service and healthier options than many of its competitors. Lately, however, the restaurant is either making some seriously bad decisions or having a string of really bad luck. The most recent incident involved a Chipotle Mexican Grill in Cleveland Circle, a popular spot for Boston College students. Approximately 140 people, mostly BC students, developed severe nausea and vomiting after eating at the restaurant in early December. The outbreak of illness appears to be linked to norovirus, a highly contagious virus that is typically transmitted by contact with an infected person, or contaminated food, water, or surfaces. Contact a Boston Injury Lawyer Today.

Andrea C. Dow, the mother of one of the victims, sued Chipotle in Norfolk Superior Court this Thursday. She claims that her 16-year-old son, Alexander Keough, began throwing up within hours of eating at the Cleveland Circle restaurant on Dec. 4. By early afternoon the following day, “he was so sick he was almost catatonic,” said Dow. “He was sheet white. His heart was racing.” Keough was given fluids and anti-nausea meds at Boston Children’s Hospital. The family’s copay left them with a $350 bill, and the nightmare isn’t over yet. More than a week after the incident, Keough was still complaining of cramps and dizziness. A test confirmed that norovirus is still present in his system.

Cleveland Circle Chipotle Cited for Multiple Violations

An inspection of the Cleveland Circle Chipotle revealed several major violations, including improper heating of chicken and beef, and an employee who had been allowed to work while ill. In response to these violations, and the massive norovirus outbreak, the city ordered the location to close on Dec. 7. As of today, it has not reopened.

In an e-mailed statement, communications director for the chain, Chris Arnold said, “ As a matter of policy, we don’t comment on pending legal action. But I will note in incidents like this, we make it a priority to work with customers who have been impacted to resolve these issues.” According to Dow, her three teenage boys eat at Chipotle up to three times a week. “We believed in the brand,” she said. “I feel a little duped.”

Dow is suing for damages and reimbursement for legal and medical expenses. She cited similar outbreaks connected to Chipotle, including an E.coli outbreak that affected 52 people in nine states last month, and a norovirus outbreak in California that affected more than 200 people over the summer. “They knew about sicknesses and didn’t take proper precautions,” said Dow.

There are lawsuits pending against the Mexican restaurant chain for both of those incidents, as well as an E.coli and salmonella outbreak in Minnesota. Continue reading