November 7, 2023

Injured due to unsafe conditions? Understanding Premises Liability in Massachusetts

Whether you’re at a friend’s house, a shopping mall, or a restaurant, you have the right to expect a reasonably safe environment. Unfortunately, negligent property maintenance and unsafe conditions lead to countless injuries and deaths every year.

In Massachusetts, premises liability law holds property owners responsible for accidents and injuries that occur on their property. Read on to explore the key aspects of premises liability in Massachusetts and what you should know if you find yourself in such a situation.

Duty of Care

September 27, 2023

Sensio Pressure Cookers Recalled After Dozens of Burn Injuries

by Altman & Altman

Pressure cookers can reduce cooking time by exposing food to intense steam heat. When the air-tight, locking lid and other components work properly, pressure cooking is usually safe. With defective or malfunctioning parts, however, the pot can expel hot contents and cause users to suffer serious burn injuries.

After dozens of reported burn accidents, manufacturer Sensio recently recalled some of its electric and stovetop pressure cookers. The lid of the pots can unlock and be removed during use, causing hot contents to splash out and potentially burn users. Sensio recalled about 860,000 products after receiving 63 incident reports, including second and third-degree burns to the face, torso, arms, and hands.

Sensio Pressure Cooker Recall

September 21, 2023

Bill Addresses Lax Boating Safety Requirements in Massachusetts

by Altman & Altman

Despite the Commonwealth’s reputation for strong government regulation, boating in Massachusetts appears to function a little more like the Wild West. Anyone 16 or older can operate a boat without completing even a basic safety course, according to a recent article in the Boston Globe. This makes Massachusetts somewhat of an outlier in the region, as neighboring states Connecticut, Rhode Island, New Hampshire, and Vermont all require motorboat pilots to have a safe boating certificate.

Each year, thousands of boating accidents kill hundreds of people across the United States. In 2022, the U.S. Coast Guard counted 4,040 accidents, 2,222 non-fatal injuries, and 636 deaths. Although this marks a decrease from 2021, the COVID-19 pandemic in 2020 saw a surge in boat sales and a drop in boater education, meaning many untrained boaters may still be on the water. After crashes this summer caused the death of a Boy Scout from Lexington and a teenage girl on Cape Cod, boating safety is receiving renewed attention in Massachusetts.

New Proposed Boating Safety Bill

August 15, 2023

Automatic Emergency Braking Systems May Soon Be Required on Nearly All US Vehicles

by Altman & Altman

A new regulation proposed in May by the National Highway Traffic Safety Administration (NHTSA) would require new vehicles to come equipped with automatic emergency braking (AEB) systems. These systems detect potential collisions and automatically apply the brakes to lessen the impact of a crash — or avoid it altogether. NHTSA estimates that the new regulation could prevent at least 360 deaths and 24,000 injuries annually.

This technology has been available on many automotive models for years, but it hasn’t yet been mandated. If the new regulation is adopted as proposed, it would require almost all US passenger vehicles and light trucks to have AEB systems three years after the publication of a final rule. In addition, NHTSA and the Federal Motor Carrier Safety Administration (FMCSA) announced in June that they plan to require AEB technology on heavy vehicles as well.

What Exactly is AEB Technology?

August 3, 2023

The Most Deadly Time of Day to Drive in Massachusetts

by Altman & Altman

Navigating the streets of the Bay State can be treacherous for even the most seasoned of drivers. According to recent studies, Massachusetts has the fourth-worst roads in the country and Boston has the fourth-worst traffic in the world. A new Forbes Advisor report sheds more light on the issue by pinpointing the most dangerous times to drive in the state.

As it turns out, you may want to start driving more cautiously during your evening commute. According to the report, the most deadly time to drive in Massachusetts is between 5 and 6 pm. Using National Highway Traffic Safety Administration (NHTSA) data for 2016 to 2020, Forbes Advisor found that more fatal car accidents happened in the state during this hour than during any other. The same was true for Maine and New Hampshire.

This time was slightly earlier than the country as a whole. Nationwide, the report found that 6 to 7 pm is the most dangerous hour to drive. The next most deadly time is 8 to 9 pm, followed by 9 to 10 pm. Overall, the most dangerous driving hour in the majority of states falls between 3 and 10 p.m., especially after sunset.

May 11, 2023

New “Rust” Shooting Lawsuit Claims “Loss of Consortium” — What Exactly Is It?

by Altman & Altman

After the accidental shooting of cinematographer Halyna Hutchins on the “Rust” set in 2021, her family agreed to settle their wrongful death lawsuit against the film’s producers. In 2023, her parents and sister filed a new suit against Alec Baldwin and other parties, alleging negligence, battery, intentional infliction of emotional distress, and loss of consortium. While you may have heard of the other kinds of claims, what exactly is “loss of consortium”?

A loss of consortium claim seeks financial compensation for the damage to a relationship caused by the death or injury of a family member. Specifically, it is a type of personal injury claim by individuals who have lost the benefits of a close relationship, such as comfort, companionship, affection, marital intimacy, or assistance with parenting or housework.

In some states, only spouses can claim loss of consortium. In other states, parents and children may also be able to make a claim. Massachusetts loss of consortium claims are available to married couples whose spouse is injured, minor children whose parent is injured, dependent adult children whose parent is injured, and parents whose minor child is injured.

April 5, 2023

Thousands of Lawsuits Claim Paraquat Causes Parkinson’s Disease

by Altman & Altman

The powerful weed killer paraquat has been used in commercial agricultural applications for decades. Although direct ingestion of the herbicide can be fatal, manufacturers have maintained that paraquat is safe when used as directed. Recent research, however, has suggested that chronic exposure to the chemical may lead to Parkinson’s disease (PD).

A growing number of farmers, agricultural workers, and others exposed to paraquat have filed suit, claiming the herbicide is to blame for their illness. In fact, paraquat lawsuits have been grouped into an MDL (multidistrict litigation) that added more than 200 plaintiffs per month in 2022. The cases continue to mount in 2023, with hundreds of new paraquat Parkinson’s lawsuits joining the MDL.

The Paraquat Parkinson’s Link

March 22, 2023

Calico Critters Animal Figures Recalled Due To Choking Hazard

by Altman & Altman

Every year, dangerous baby products are recalled for a variety of reasons: choking hazards, toxic substances, suffocation risks, and more. In fact, the average year sees over 100 children’s product recalls, according to the nonprofit organization Kids in Danger (KID). Just this month, more than 3.2 million Calico Critters figures were recalled after two children’s deaths involving pacifier accessories that came with the toys.

Calico Critters Recall

On March 9, Epoch Everlasting Play recalled all of their Calico Critters animal figures and sets sold with small bottle and pacifier accessories, which can pose choking hazards. The recall came after reports of three incidents involving the pacifiers, including two deaths — a 2-year-old child in New Mexico and a 9-month-old infant in Japan.

March 9, 2023

Werner Ladder Accident Injuries

by Altman & Altman

Every year in the United States, over 100 people die and thousands more suffer injuries in ladder-related falls. While some accidents result from improper usage, others happen when the ladders themselves are defective. Even when you buy well-known brands at major retailers, products can sometimes have design flaws or manufacturing defects.

In 2018, U.S. company Werner Co. recalled about 78,000 aluminum telescoping ladders after receiving a report that the ladders can break while in use, posing fall and injury hazards. The recall affected five models of ladders sold at Home Depot and Lowe’s stores nationwide in April and May of that year.

If you have a recalled Werner ladder as posted on the Consumer Product Safety Commission (CPSC) website, immediately stop using it and return it to the store of purchase for a refund. If you were hurt while using a recalled Werner model or any brand of defective ladder, a personal injury attorney can help evaluate whether you qualify for financial compensation for your injuries.

February 17, 2023

Two Rocking Sleeper Recalls Announced After More Infant Deaths

by Altman & Altman

Companies are reminding consumers not to use two recalled models of baby rocker sleepers, after more infants have died since the recalls were issued in 2019. Both announcements also include a warning that it is illegal to sell or distribute the recalled sleepers, many of which may still be in circulation.

Fisher-Price announced the recall of 4.7 million Rock ‘n Play Sleepers after at least eight additional deaths were reported, bringing the total to approximately 100 infants who have died while using the product. Kids2 announced the recall of nearly 700,000 Rocking Sleepers after at least four more babies died, bringing the total number of fatalities to 15.

Dangerous Infant Sleep Products