Personal Injury

December 11, 2015

Injury Prevention at Fenway – Red Sox Take Action to Protect Fans

Following an incident at Fenway Park this summer, in which a fan was seriously injured by a foul ball, Major League Baseball has recommended that all 30 clubs enhance fan safety at games. One of their recommendations is to install safety netting that provides greater coverage. Specifically, MLB suggests that netting should shield field-level seats within 70 feet of home plate and those that are near both dugouts.

Fans Should Pay Attention During Each At-Bat

Fenway Park is taking action. In a recent statement, the team said, “The Red Sox take matters of fan safety very seriously and intend to follow the recommendations put forth by Major League Baseball by expanding the backstop netting behind home plate for the 2016 season.” The Red Sox have already begun contacting ticket holders most impacted by the changes. In addition to the installation of fuller-coverage netting, MLB is also asking clubs to adequately warn fans about the inherent dangers of batted balls and bats flying into the stands. They encourage fans to always be aware of their surroundings, and to pay attention during each at-bat.

Injured Fans Approve Fenway’s Installation of Improved Safety Netting

In a statement from Stephanie Wapenski, the Red Sox fan who was injured over the summer, she announced her approval of Fenway’s move toward a safer ball park. “To know that they’re – right now in December – already taking steps, I’m proud, I’m impressed and I’m glad for the Red Sox.” she went on to say, “It’s a smart move. Don’t wait until there’s a worse injury.”

Wapenski wasn’t the only injured fan this year. Tonya Carpenter was also seriously injured when a broken piece of a bat from Oakland’s Brett Lawrie hit her. Her lawyer issued the following statement in response to the installation of Fenway’s new netting. “To the extent that the catastrophe was a stimulus to provide additional netting, at least something good will have come out of her injuries and suffering.” Continue reading

December 7, 2015

Keep Your Massachusetts Teen Driver Safe Behind the Wheel

by Altman & Altman

As parents, we fear for the safety and well-being of our children every day. When teen-age children approach driving age, that fear increases substantially. Considering that young people are more likely to die in a car crash than from any other illness or injury, this fear is certainly understandable. However, with proper education, practice, and through the modeling of good driving behaviors, you can dramatically reduce your teen driver’s risk of being seriously injured or killed in an auto accident. Contact a Boston Injury Lawyer Today.

Teen Driving Statistics

Motor Vehicle Accidents are the #1 Cause of Teen Death in the U.S. – The good news is that the majority of these deaths are largely preventable. Teen crashes are typically the result of inexperience, reckless behavior, and inadequate driver-education.

In 2013, 2,163 U.S. Teens Were Killed, and 243,243 Teens Were Injured in Crashes – This equates to six teens every day that year. The most at risk age group is young people between the ages of 16 and 19.

Teens Three Times More Likely to be Killed in a Motor Vehicle Accident – Young drivers account for approximately 12% of fatal auto crashes. In 2013, about 17% of fatal teen crashes involved a blood alcohol level of at least .08%.

Male Teens Much More at Risk Than Female Teens – In 2013, males were involved in nearly twice as many car accidents than their female counterparts. In a recent study of teen male drivers involved in fatal accidents, 35% were using excessive speed and 25% had consumed alcohol. Teen males are more likely to engage in reckless behavior, such as driving under the influence, speeding, and driving aggressively.

Having a Teen Passenger Increases the Risk – Teen drivers are more at risk of having an accident when they have a teen passenger, and this risk increases with the number of passengers. This is likely because teens are more inclined to ‘show off’ when they have passengers than when they are driving alone.

Over Half of All Fatal Teen Crashes Occur at Night and On Weekends – In 2013, over 50% of teen motor vehicle fatalities occurred on weekend evenings, between the hours of 3 and midnight. Continue reading

November 9, 2015

Sports-Related Concussions (TBI’s) Linked to Psychological and Emotional Issues – Do I Need an Injury Lawyer?

by Altman & Altman

Sports-related concussions (SRCs) and mild traumatic brain injuries (mTBIs) are a concern among student athletes, especially those engaged in high impact sports such as football, soccer, and rubgy. These injuries can cause both physical and cognitive symptoms, but they can also result in serious psychological and emotional issues. The focus has long been on physical symptoms such as headaches and fatigue, and neurocognitive problems with concentration and memory. However, ignoring the emotional trauma that may follow SRCs and mTBIs can be especially detrimental for student athletes. At such a young age, they may lack the life experience and confidence to speak out about their suffering. Contact a Boston Injury Attorney.

Psychological and emotional symptoms may begin to appear soon after the injury, or they may not surface until during the athlete’s recovery phase. The athlete may experience depression, fatigue, and a strong sense of loss. This may mean a loss of skills or control, or simply the loss of normalcy. He or she may also feel afraid and vulnerable, which can lead to an overwhelming sense of anxiety about what comes next. A young athlete may simply describe these emotions as “not feeling like myself,” and it is common for parents, teachers, and coaches to assume that this is the normal course of events following an injury. In some cases, this may be true. However, it is important to keep an eye on an injured athlete. Close monitoring by doctors, teachers, and parents of both physical and emotional symptoms is essential to a student athlete’s full recovery following a SRC or mTBI.

Non-Physical Symptoms of SRCs and mTBIs Continue reading

August 18, 2015

“Boozing and Boating” is the Leading Cause of Boating Accidents in Massachusetts

by Altman & Altman

With August in full swing, many recreational boaters are taking as much advantage of the remaining boating season as possible. The final weeks of summer recreation have increased potential for unfortunate accidents involving drinking and boating. The US Coast Guard’s Office of Auxiliary and Boating Safety reports alcohol use as the leading factor in boating fatalities in Massachusetts, despite persistent warnings from safety officials. Many boaters tend to dismiss the effects of sun, wind, heat, and motion in combination with even a minimum amount of alcohol consumption. The cultural perception of drinking while boating coincides with the concept of leisure, relaxation, and celebration. However, drinking and boating has been perceived by many law enforcement officials as more dangerous than drinking and driving.

Penalties for Boating Under the Influence

Massachusetts has some of the strictest penalties for boating under the influence (BUI) in the United States. Repercussions from “boozing and boating” are the same as those for receiving a DUI (driving under the influence). These penalties apply to the influence of other substances as well, including narcotics, stimulants, depressants, marijuana, or any combination of these. As with motor vehicles, the legal blood alcohol content (BAC) limit for operating a vessel is 0.08.

Legal consequences are dependent on factors like the defendant’s legal history and damages and injuries incurred due to the accident:

First time offense – If charged, the defendant may receive a maximum of one and a half years of prison time, or a maximum $1,000 fine, or both. Both motor vehicle and vessel licenses may be revoked for up to a year.
Second offense within six years – While the maximum fine remains at $1,000, maximum prison time increases to two and a half years.
Penalties increase with consecutive offenses and increased severity of injuries to others.

July 28, 2015

Human Error To Blame For Horrifying Escalator Accident in China

by Altman & Altman

A horrible escalator accident in Jingzhou, China, a province in Hubei that has approximately 5 million citizens, has left a young woman dead as she put herself in the way of danger in order to save the life of her son. 31-year-old Xiang Liujuan was at the AZG Mall in Jingzhou enjoying a Sunday shopping trip with her son when they unknowingly stepped onto an escalator that had a panel loose at the top landing strip. The loose panel had been discovered just a few minutes earlier by mall employees—but none of them warned customers of the safety issue. No one was contacted in order to fix the problem, and the employees did not place a safety barrier around the escalator to prohibit anyone from stepping onto it. These simple steps could have prevented a young child from losing his mother so early on in life.

Officials in Jingzhou that are investigating the matter have stated that they believe human error is to blame for this terrible accident taking place. Video surveillance of the tragedy has been released and clearly depicts how Xiang Liujuan had little to no time to react to what was happening. Xiang Liujuan is shown lifting her son up once they reach the top of the escalator in order to allow him to exit the mechanism safely. As she goes to lift him up however, the loose panel collapses underneath her. Xiang then falls into the opening gap, but somehow manages to keep her upper body above the structure—just long enough for her to push her son into the arms of mall employees who witnessed the accident unfolding and ran over to help. The boy is whisked away to safety by an employee while two others work toward pulling Xiang Liujuan from falling completely into the escalator. Their efforts were sadly unsuccessful however, when after just a few seconds Xiang falls into the hole that opened up beneath her feet. Continue reading

July 13, 2015

Insult to Injury – After Brutal Winter Homeowners Insurance Rates Climb

by Altman & Altman

The record-setting snowfall that plagued New England this winter generated a number of issues for local residents—causing delays in daily commutes and forcing children to stay home for an escalating number of snow days whether you had someone to watch them or not—and now the incessant snow of this winter is also going to cost you with your insurance company.

Insurance premiums are said to be making a huge leap of about 9 percent, which translates to an increase of about $100 on average for Massachusetts residents with premium insurance. The average is already about $1,150.

According to reports, The Massachusetts Division of Insurance has recently approved a general 8.9 percent increase for the state’s largest insurance company, Mapfre USA Corp. The increase will be effective starting on August 1^st of this year. Mapfre USA Corp. insures over 214,000 homeowners in Massachusetts and previously only increased their premiums by 2.3 percent last year. Continue reading

July 9, 2015

Is There Asbestos in Your Child’s Crayons?

by Altman & Altman

According to a new report conducted by the Environmental Working Group Action Fund (EWG) that was released this Wednesday, certain crayons and children’s crime-scene kits contain trace amounts of asbestos. The asbestos fibers were said to be found on four types of crayons and two children’s crime-scene fingerprinting kits. The brands that contained these fibers were Nickelodeon’s Teenage Mutant Ninja Turtles crayons, Disney’s Mickey Mouse Clubhouse Jumbo Crayons and Saban’s Power Rangers Super Megaforce Jumbo Crayons and ones by a manufacturer known as Amscan. The crime-scene kits in question were EduScience’s Deluxe Forensics Lab Kit and Inside Intelligence’s Secret Spy Kit. The crayon products were purchased at a Party City store and a Dollar Tree store in the San Francisco area, while the crime-scene kits were purchased online via Amazon.com and Toys”R”Us.com. The primary concern seems to be with the finger-printing products, as they contain a higher concentration level of asbestos fibers. Continue reading

July 6, 2015

NFL Star Injured in Fireworks Accident

by Altman & Altman

In the days leading up to the July 4^th weekend, we posted a blog with safety tips that should be followed while out celebrating this joyous occasion. In the article we cautioned about the potential for serious injuries while shooting off fireworks under your own accord. In the days following these July 4^th celebrations, multiple stories are emerging of people of various ages suffering major injuries as a result of lighting off their own fireworks. Accidents can happen anywhere and at any time—they can happen to people in your neighborhood, people in your home state, and they can also happen to big-time NFL players as well. Continue reading

June 8, 2015

More Than 20 Percent of Massachusetts Elevators Lack Inspection

by Altman & Altman

There are approximately 41,000 elevators in Massachusetts and more than 8,500 of them have not had an annual safety inspection. These inspections are required by law to protect people from serious injury and death. And with good reason. According to the U.S. Bureau of Labor Statistics and the CPSC, an average of 27 people are killed and over 10,000 are injured in elevator accidents every year.

Several state officials, including State Auditor Suzanne Bump, think that the 8,500 figure is actually quite low. In a recent audit of elevator inspections, it was revealed that over 14,200 elevators had expired safety certifications. In a statement to the Herald, Bump said,“Our audit found that, in addition to backlogs in inspections, DPS’s record keeping database was inaccurate.” Apparently, in more than half of the elevators her team checked out, the inspection certificates had information that was different from that of the public safety department’s main database. If the 8,500 figure is accurate, it actually shows an improvement. However, Bump doesn’t seem too sure,““While we certainly hope their inspection rate is improving, we don’t know if these recent reports are accurate.” Continue reading

June 2, 2015

Tragic Boat Accident on the Boston Harbor

by Altman & Altman

A surge of boaters took to the Boston Harbor this weekend to relax and celebrate the beautiful weather. Unfortunately, celebrations turned to disaster when 19 year old Auburn resident, Nicole Berthiaume, fell overboard near Spectacle Island and was severely injured on Saturday night. A 33 year old Charlestown lawyer who specializes in DUI defense was charged with operating under the influence (OUI) when the Coast Guard responded to an emergency call from the “Naut Guilty” just before 8:00 p.m. that night. Benjamin Urbelis was placed under arrest by the Massachusetts Environmental Police.

According to Coast Guard Petty Officer Lanola Stone, the young woman’s “arm was severed just below the shoulder,” when she jumped off the anchored boat to retrieve a seat cushion. She sustained injuries to her face and abdomen as well. Fortunately, the Coast Guard response boat was nearby when the Mayday call came in. The Coast Guard and Boston Fire arrived quickly to the scene. Department Lieutenant Charlie Popp and the crew of the department’s firefighting and rescue boat raced toward Spectacle Island after the 911 call was placed. “We were very fortunate,” stated Popp. “It’s the first one I’m aware of recently with injuries this severe where everything worked out well.”