Articles Posted in Personal Injury

As Christmas approaches, you might find yourself rushing to the nearest toy store to find the perfect gift for a child in your life. However, before you walk out of the store with your purchase, you want to make sure that the toy on the child’s wish list isn’t a hazard. Each year, thousands of children are treated at emergency rooms for injuries caused by toys. Hundreds of toys are also recalled every year because of safety issues. When you buy a toy for a child, you should pay special attention to what you are purchasing, including the recommended age and any warnings. Remember that young children are particularly at risk of asphyxiation caused by toys with small, detachable parts. Toys with easily accessible batteries or magnets are also choking hazards for young children. Plastic or glass toys that break easily can cause injuries as well. Flammable materials, toxic substances, and sharp edges are all examples of poor design that puts your child at risk. Adhere to the manufacturers’ warnings and instructions, and provide supervision when necessary. You can also check annual reports, such as “Trouble in Toyland”, for a list of toys that could be dangerous for children. Though you should do everything you can to ensure the child’s safety, ultimately, it is the product manufactures designers, distributors, and sellers who are responsible for the toy.

Under Massachusetts product liability laws, these parties have the duty of creating and distri buting safe products. They are also responsible for providing a warning of the toy’s dangers if any exist. Product liability laws cover three kinds of product defects: flawed product design, when a toy is improperly designed; manufacturing process error, when the toy is manufactured differently than it was designed; and marketing defect, when a toy does not have the proper instructions or warnings for its safe operation. Even when none of these defects apply, products liability law holds manufactures and sellers liable if a product is dangerous or defective enough to cause injury or death.
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Last week, many residents in the Boston area were excited to learn that the MBTA would be starting a yearlong trial of late night train service in the spring of 2014. The T’s current schedule has undergone scrutiny for many years, and many hope this will be the beginning of a permanent change. The move, which the Globe called “long over-due”, would benefit both those seeking to enjoy the city’s night life as well as workers with late night hours. However, extra hours mean that T passengers should take extra precautions to ensure their safety when traveling at night.

As always, you should remain aware of your surroundings and avoid isolated stops. Hold your belongings close to your body and don’t leave them unattended to avoid unnecessary security alerts. Train operators and the MBTA Transit Police are easily accessible via intercoms at the end of each train car. Avoid risks of physical injury by walking, not running, on the escalators, standing a safe distance from the yellow line, and not blocking closing train doors. When you take all necessary precautions to ensure your safety, the MBTA is responsible for the rest.
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The mayor of Springfield has confirmed that the city has settled with Columbia Gas following a natural gas explosion that destroyed a gentlemen’s club and other buildings in the city’s downtown entertainment district, last November.

criminal-defense.jpgColumbia Gas utility workers had been surveying gas lines on November 23, 2012, after responding to reports of a strong gas odor near Score’s strip club, located at 453 Worthington Street. A worker using a probe to search for the source of the odor accidentally ruptured a gas line, triggering a massive explosion that leveled the strip club, shattered building windows, and seriously damaged three dozen nearby buildings, including 100 residential units. While there were no fatalities, more than 20 people suffered injuries, and dozens of residents were displaced as a result of the blast.

The $650,000 settlement represents compensation for the property damage, call back costs for injured personnel, and other related expenses. The settlement does not include repayments for open claims for wages and medical bills; those cases are being handled on a case-by-case basis. Stephen Bryant, president of Columbia Gas of Massachusetts, said that the utility company had settled the vast majority of claims, paying out millions to explosion victims.

Gas explosions occur for a number of reasons-from faulty equipment, gas leaks, or in this case a sudden break in the gas line. Explosions take place in a variety of settings, but most commonly occur on job sites, as a result of improper storage of gasses, worker negligence, or unsafe working environments.

While thankfully there were no fatal injuries during this explosion that is not always the case.
Often explosions of this magnitude result in severe and debilitating injuries, and even death. People who witness an explosion may be severely injured by flying debris, high impact, heat and smoke, or chemical inhalation. Often victims of explosions must undergo costly medical care to treat their injuries; which may lead to extensive medical bills as well as pain and suffering. Property owners, manufacturers, employers, or other individuals who caused the explosion may be held liable for any damages or injuries to other individuals, and victims may eligible for compensation. In this instance the gas utility company, Columbia Gas, is ultimately responsible for any injuries and damages to property that resulted from the explosion.
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According to Boston Fire Department officials, an 18-year-old man sustained injuries when he fell through the skylight of the Phi Sigma Kappa fraternity at MIT. The drop to the first-floor staircase where he landed four stories. Police say that the man suffered injuries.

Since the Cambridge, Massachusetts fall accident, there have been reports that the man may have been jumping on the Plexiglas dome over the skylight when he fell through. However, the fraternity received a citation for its “illegal rooftop deck.” According to one fraternity news site, MIT’s Phi Sigma Kappa has advertised parties on that deck before.

Fall Accidents

More than 2 million dehumidifiers have been recalled throughout the United States and Canada after reports have surfaced of fires and property damage caused by certain models produced by Gree Electric Appliances.

According to the United States Consumer Product Safety Commission, 12 brands of humidifiers, all manufactured by Gree Electric Appliances of China, were voluntarily recalled because of their potential to overheat, smoke, and/or catch fire. Thus far, the CPSC has estimated there has been about $2M in property damage caused by these dehumidifiers.

The models involved in the recall include 20-, 25-, 30-, 40-, 50-, 65-, and 70-pint dehumidifiers with the brand names Danby, De’Longhi, Fedders, Fellini, Frigidaire, Gree, Kenmore, Norpole, Premiere, Seabreeze, Soleus Air, and SuperClima. An estimated total of 2.2 million dehumidifiers were sold to consumers in the United States, and approximately 52,500 were sold in Canada. Consumers who own any of these models have been advised by Gree and the CPSC to immediately turn off and unplug the appliance and contact Gree for a full refund.

Fire%20Damage1LARGE.jpgProduct manufacturers, designers, distributors, wholesalers, and sellers are liable for making sure that their consumer products are not only manufactured correctly, but are safe for consumption or use. The scope of those injured or killed by consumer products is overwhelming; and the CPSC estimates that tens of thousands of people fall victim to various types of faulty consumer products each year-from children’s toys to automobiles to household appliances. When merchants fail to fulfill this obligation, and someone is seriously injured or is killed, the injured victims and their family members are entitled to file a claim against responsible parties.

There are three kinds of product defects covered under products liability law including flawed product design, manufacturing process error, and lastly, marketing defects. A design defect is a defect that is inherent to the product itself, which makes the product unsafe for its intended use. Though the product may have been produced and marketed the way it was intended, it may have been designed improperly. In most instances with these types of cases, the manufacturer could have potentially used a safer design to avoid any foreseeable risks associated with the product. In the instance with Gree Electric, Gree ultimately bares the responsibility for manufacturing and selling a flawed product. Their product is a fire hazard and is prone to cause serious property damage, personal injury, or death.
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Tragedy struck the sports world yet again this weekend, as another fan fell to his death while leaving a football stadium in California.

The man, whose name has not yet been released, fell on Sunday afternoon from the elevated Jamestown walkway that travels around Candlestick Park, where the San Francisco 49ers and Green Bay Packers were playing.

Off-duty paramedics and police offers tried to help the man, but the man had already passed. Initial eyewitness reports indicated that the man was intoxicated at the time of the incident, though investigators are still trying to determine what caused the man to fall.

1033829_baseball_park_fans.jpgFan safety has been a very important topic in professional sports, as fan injuries have become more and more prevalent at sports stadiums. Also this weekend, some rowdy fans from the University of Maryland were injured after a section of bleachers collapsed at Ludwig Field during a soccer match against Duke. Last month a 30-year old Atlanta Braves fan died during a baseball game at Turner Field when he fell nearly 70 feet from the upper viewing deck.

Premises Liability Cases

When incidents like this occur, the first questions people usually ask are “Why did this happen?” and “Who is responsible?” People are also concerned about how the incident could have been prevented and how future similar incidents could be prevented. Referring back to an earlier blog we posted about fan injuries in stadiums, there are several things that can explain the legal responsibility a stadium owner has to a fan that has been injured while at the vicinity.

Owners and managing companies of these large stadiums are fully aware of the types of risks posed to individuals who visit their establishments, and often tickets to sporting events or concerts are printed with a disclaimer and assumption of potential risk statement. These statements essentially mean that by purchasing the ticket, the guest understands the risk for injury and assumes responsibility should he or she be injured at the stadium. The statements also relieve the stadium’s owners or managers from assuming legal liability for the injured person.
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An Ayer, MA woman agreed to a $9.5M settlement in a medical malpractice lawsuit against doctors at Emerson Hospital in Concord, after she contracted a flesh-eating infection and had all her limbs amputated six years ago.

Monica Sprague Jorge, 41, contracted the rare and often fatal flesh-eating bacteria after giving birth to her second child via cesarean section on August 9, 2007. The infection, known as necrotizing fasciitis, is a disease that starts in the tissue just below the skin and spreads along the flat layers of tissue between separate layers of soft tissue, such as muscle and fat. The bacteria produce toxins that destroy tissue.

criminal-defense.jpgIn her lawsuit, Jorge and her attorney Clyde D. Bergstresser alleged that medical professionals at Emerson Hospital failed to review Jorge’s pertinent history, appropriately monitor and report vital signs, appropriately examine Jorge’s wound post C-section, and appropriately report the seriousness of the patient’s condition, which thus led to Jorge needing all limbs be amputated. Bergstresser also cited in Jorge’s lawsuit that Jorge had to have over 40 intensive surgeries, including the removal of some of her internal organs. She had to have her uterus, ovaries, gallbladder, and part of her colon removed in addition to both of her arms and legs, removed.

The lawsuit, which was filed in 2009, named Drs. Timothy Hale, Charles Hardin, Jay Hendelman, and Benjamin Raby, the Kramer OB-GYN associates, and nurses Mary Conway, Amy Gabale, Rita Pomeroy, Helen Farrah, and Ronda Forand as responsible parties in the incident. In exchange for the settlement, Jorge agreed to dismiss the lawsuit.

The multi-million dollar settlement will be used to pay all medical bills and expenses associated with Jorge’s recovery, Jorge’s lawyer fees, a 31-year structured settlement, as well as two irrevocable trust funds set up for Jorge’s two daughters.
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A Hingham teenager suffered serious injuries after he was struck by a boat while tubing near the Hingham Yacht Club over Labor Day weekend.

According to investigators, the victim and two other teenagers, all 13-years-old, had been tubing in a designated tubing and waterskiing area between World’s End and the yacht club. The teens were being pulled by a 13-foot Boston Whaler motorboat, operated by a fourth 13-year-old Hingham resident.

file0001437114522.jpgOne of the three teens had apparently fallen off the tube after it passed over the wake, and as the driver went to pick the young man up, he drove toward the tube with two of the teens still on it. The boat struck one of the teens, and continued over him.

The teen was dragged back on board and brought immediately to Hingham Yacht Club where he was then transported to South Shore Hospital and admitted with serious head and arm injuries. Officials, including the Hingham harbormaster, said all the young men were wearing approved personal flotation devices, however the operator of the boat had not completed a Safe Boating Course required for those 12-16 years old to operate a motorboat without being directly supervised by someone 18 years or older.

While inexperience seemed to be the leading cause of this particular recreational boating accident, boating mishaps can happen for many different reasons, and are often the result of careless or reckless operation, inattention, speeding, and alcohol use. Just like driving a car, operating a boat is an important task. Some of the most commonly reported types of accidents include:
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A Massachusetts man and his young niece were hurt Sunday afternoon when a jet ski they were riding on in Lake Winnipesaukee, New Hampshire, blew apart.

According to Marine Patrol, who responded to the incident, the man broke his pelvis and the child, 8, suffered a laceration to her head. Both victims were taken to an area hospital for treatment. Marine Patrol officials are still investigating what may have caused the incident with the watercraft, but were able to put the jet ski back together when they arrived on scene.

jetski.jpgWatercraft and motorboat incidents happen all the time for a variety of reasons. While human error is usually to blame, people do not often think about the mechanical dangers of watercraft and boats, and often these mechanical failures blindside victims. What may start out as a fun day out on the water, can end in tragedy. When a jet ski accident does occur, the machine itself must be thoroughly inspected. Investigators often cite mechanical errors, design flaws, or other safety malfunctions as the causes of many of these types of crashes. Some of these types of safety issues may include complications with the propeller, gross overpowering or issues with the throttle, as well as issues with the fuel line.

Common Injuries Resulting from Jet Ski Accident

The most common types of injuries include:

• Broken bones • Brain injuries • Burns • Damaged ear drums • Dislocations • Serious neck and back injuries
• Spinal cord injuries
Who Is Responsible for My Injuries?

If you were involved in any type of watercraft incident, whether it was a motorboat accident or jet-ski accident, and you believe it was the result of defective design or malfunction, you may be eligible for compensation. Product manufacturers, distributors, wholesalers, and private sellers are supposed to guarantee that the products they are selling are safe for consumers’ use. When they fail to fulfill their obligations, and consumers are seriously injured or killed as a result of this failure, the injured victim and his or her family may file for damages against the liable party or parties.
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With summer still in full force, we would like to remind you to be responsible when hosting get-togethers this season. Whether you’re hosting a graduation party, barbeque, or any kind of social get-together where alcohol is being served, you bare a huge responsibility to your guests and their safety.

Massachusetts Social Host Liability Law is an extremely important subject, because what many people do not realize is that the actions of their guests, even after a guest has left the party, may fall under the responsibility of the host.

What is Massachusetts Social Host Liability Law?

In Massachusetts, a social host is anyone who provides alcohol to a guest, as an act of hospitality without exchanging money. A social host is also considered someone who not only provides alcohol for his or her guests, but allows a guest to consume alcohol on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls. Under Massachusetts law, by furnishing alcohol and permitting guests to consume it on his or her property, the host assumes liability. Hosts are not always adults, and can include minors as well.

According to Massachusetts Social Host Liability Law, liability includes all injuries caused by alcohol by both the person who caused the accident as well as the person who served the alcohol. The most common type of accident is drunk driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and winds up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.

Social Host Liability Law and Minors

criminal-defense.jpgMassachusetts is very clear about laws on underage drinking. Anyone under the age of 21 is not allowed to consume alcohol. Period. As a parent, it may be tempting to allow your underage son or daughter to have friends over for a party, especially during prom or graduation season, or if your son or daughter is home from college. Taking the keys and requiring guests to sleepover is not the way to prevent minors from getting hurt because of alcohol. Even if a minor injures him or herself without driving, you are still responsible for providing a place to consume alcohol, condoning its consumption, and supplying the beverages. Under Massachusetts General Laws, Chapter 138, Section 34, any person who supplies alcohol to a person under 21 is subject to a $2,000 fine and faces up to a year of imprisonment.

A common concern many parents with teenagers have is what to do if their underage child has a party while they’re not at home. There is potential that the parents can be held responsible, whether or not a guest is injured. However, Massachusetts law does not attach civil liability if the parents of the accused minor did not supply the alcohol that was consumed. Simply put, a parent who supplied the alcohol that was consumed at the underage party is liable, whether knowingly or unknowingly, is responsible. However a parent who did not supply the alcohol at the party (if for instance the minors brought his/her own alcohol), and had no knowledge of the party, would not be held liable. Another issue to be aware of is that you may be civilly liable if your underage child drinks at another person’s house and then injures someone, under the circumstance that you previously gave either explicit or tacit permission for them to consume
alcohol at someone else’s party.
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