Personal Injury

July 10, 2012

Wayland Community Pool Re-opens After Chemical Hazard

With summer officially here, everyone is running to the nearest pool to cool off. We pack our sunscreen to protect us from the sun, and lifeguards are on duty to keep us safe in the water. However, these aren’t the only hazards we need to be aware of during our day at the pool.

Last Monday, the Wayland Community pool was closed after an employee accidentally mixed muriatic acid with chlorine, creating a “hazardous situation,” according to the Wayland Fire Department. The mixture of the two chemicals produced a vapor cloud of fumes in the building, which was soon evacuated with help from firefighters.

Fortunately, this incident happened before the pool generally opens at 9 a.m., and only a couple of employees were working in the building at the time. The employee who mixed the chemicals was sent to the hospital, treated, and released, and the other employees were uninjured. The pool was closed while the state hazardous materials team dealt with the situation.
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July 9, 2012

$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family

by Altman & Altman

The family of William Nichols has reached a $7.5 million Massachusetts wrongful death settlement in its lawsuit against EnergyUSA and Smolinsky Plumbing and Heating over the 2010 Norfolk propane explosion that claimed his life. Nichols, a 46-year-old Blackstone electrician, suffered fatal injuries, including burns to 80% of his body, when the blast happened and then trapped him under rubble for over 90 minutes.

At the time of the explosion, he had been working on the air conditioning and heating system in a duplex under construction. There had been no odor to warn him that an explosion was coming.

According to the family’s Norfolk wrongful death complaint, EnergyUSA under-filled a new propane tank, which caused the chemical odorant to fade. This is the reason why the propane that leaked had no smell and could not be detected–a theory confirmed by reports about the leak accident. They contend that the company violated the warning located on the propane tank cover that instructs for the new tank to be filled to capacity. Records indicate that only 200 gallons was delivered to the 1,000 gallon tank on April 29, 2010.

July 6, 2012

Boating Accident During Independence Day Celebrations Kills Three Children

by Altman & Altman

Now that summer is here, more people will be going out into the water, which will increase the likelihood of both Massachusetts boating accidents and drowning deaths happening. Throughout the state, our Boston injury lawyers at Altman & Altman LLP represent victims who have been injured or families that have lost loved ones in both types of incidents. Your initial case evaluation with us is free.

Boating accidents can occur for many reasons, although the most common kinds of Massachusetts boating accidents involve boats colliding with other vessels or a fixed object, falls overboard, flooding, and water skiing accidents. Common causes include operator inattention, reckless/careless operation, operator inexperience, speeding, alcohol, and passenger/water skier misbehavior. Boating accidents may involve recreational boats, cruise ships, and US navy vessels. Civilians or maritime workers may be involved.

One recent tragic boating accident that made national headlines this week involved a yacht in Long Beach, New York on July 4. The 34-foot 1984 Silverton vessel, which was carrying over two dozen passengers, capsized on its way back to shore on Wednesday night. Many of the passengers ended up in the 21-feet deep waters, but Victoria Gaines, 8, Harlie Treanor, 11, and David Aureliano, 12, drowned because they were trapped in the cabin.

Officials are trying to determine what caused the boating accident. Some of the possibilities they are considering: the yacht was overcrowded, suffered a mechanical failure, or was hit by a powerful wake from the other boats.

3 Children Die After Yacht Capsizes, The Wall Street Journal, July 5, 2012

Boating Safety Resource Center, US Coast Guard

More Blog Posts:
Middleborough, MA Woman Dies on Royal Caribbean Cruise Ship, Boston Injury Lawyer Blog, January 30, 2012

Alcohol Allegedly a Factor In Hull, Massachusetts Boating Accident that Caused Winthrop Woman to Sustain Fatal Head Injury, Boston Injury Lawyer Blog, September 15, 2011
US Coast Guard Reports 9 Massachusetts Recreational Boating Accidents in 2007,
Boston Injury Lawyer Blog, September 4, 2008 Continue reading

May 29, 2012

Two-Year-Old Falls Three Stories, Survives

by Altman & Altman

A two-year-old girl is reportedly in good condition after falling three-and-a-half stories from a window of her Chelsea home. A police spokesman commented on the incident Monday night after the girl had been transported to Massachusetts General Hospital and was reported to be recovering from nonlife-threating injuries.

Chelsea Police Captain Keith Houghton said emergency responders arrived at the scene where the girl fell from a window and quickly ascertained that the incident appeared to be an accident. In a statement, Houghton said that the girl had been playing on a bed abutting the window and fell backward into a rear alley behind the house.
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April 21, 2012

$4.2M Personal Injury Settlement Awarded to Bully Victim Who Was Left Paralyzed

by Altman & Altman

Our Boston injury lawyers represent children who have been injured because of the negligence of others. Sometimes the injury or death is accidental, such as during a Massachusetts car crash or because of a defective or dangerous product and although negligence may have been a factor, the other party usually never intended to cause any harm. With some cases, however, the harm inflicted is intentional-even if is not to the degree that the victim actually ended up getting hurt.

One cause of child injury that has been around for awhile but is now only being seriously acknowledge as a threat to kids’ safety is bully. Now, while bullies may have always been figures to fear at school, in recent years, the emotional and physical violence inflicted by fellow peers has proven catastrophic. For example, there was the 2010 suicide of Phoebe Prince, a high school student who killed herself after her schoolmates bullied her mercilessly in person and via the Internet. A Massachusetts wrongful death settlement was reached between her family and the school district last year.

This week, one bullying survivor arrived at $4.2 million personal injury settlement with another school district over a 2006 incident that left him a paraplegic. Sawyer Rosenstein was just 12 when a bully punched him in the stomach. The assault created a clot in his artery, which caused him to become paralyzed from the waist down. Rosenstein is now 18.

April 16, 2012

Massachusetts Had Lowest Pediatric Death Rate in 2009, Reports CDC

by Altman & Altman

According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts’ lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children’s safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC’s report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012
Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years – United States, 2000–2009, CDC
Safe Kids USA

More Blog Posts:
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

April 11, 2012

Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely

by Altman & Altman

A cyclist from Rehoboth, Massachusetts-a town in Bristol County near East Providence-was killed earlier this week while riding a Cervélo bicycle model that, according to reports, had previously been recalled by the U.S. Consumer Product Safety Commission (CPSC). The 58-year-old man had apparently suffered head trauma and was pronounced dead shortly after he was transported to Rhode Island Hospital. The crash is still being investigated by the MA State Police, but the cause is believed to be a mechanical failure of the bicycle.

Although reports do not specify the model of bike the man was riding, the CPSC had announced a voluntary recall of about 650 defective 2005 R2.5 road frames in 2006 due to problems undetected during testing. According to the press release, “The bicycle frames can loosen or separate, causing the rider to lose control, fall and be injured.” The defect is explained in more thoroughly on the website of Cervélo Cycles, Inc., a distribution company based in Toronto, Canada.

While we’re on the topic, I think it’s important to distinguish between a “voluntary recall” and a “mandatory recall.” Before February 2010, when new rules went into effect under the Consumer Product Safety Improvement Act, there was really no such thing as a mandatory recall and voluntary recalls were the only real means for the government to pull defective products off the shelves. Since the term “voluntary recall” can be confusing, Consumer Reports wrote an excellent summary of its real meaning and consequences:

April 10, 2012

MBTA Wants $100,000 Limit on Personal Injury Lawsuit Awards

by Altman & Altman

Clearly, we’re all aware that the MBTA is in dire straits and is desperately trying to cut costs. The issue of cutting T services and/or hiking T fares has been the most prominent issue, which is reasonable given that such changes would impact a great number of Massachusetts residents on a daily basis. But another less-public issue revolves around tort reform, an issue that is less broadly applicable, but may cut more deeply into some individuals’ lives. And, of course, this is a particularly relevant issue for personal injury lawyers like us.

In short, the MBTA is seeking to cap personal injury awards at $100,000 in an effort they say could save the agency $4 million per year. What some people might not realize is that serious MBTA injuries have been considered unique, subject to an exception to the $100,000 cap on personal injury awards that are imposed on similar judgments against all other state agencies.

Hiking fare evasion fines? OK, reasonable. Moderate increase in T fares? Controversial, but still logical. Limiting the recovery of seriously injured passengers with life-changing injuries? Perhaps in a league of its own. According to reports, this issue was scheduled to be heard by the joint Transportation Committee this past week.

April 9, 2012

MBTA Bus Collides with Bicyclist in Salem, MA

by Altman & Altman

A bicyclist was seriously injured and transported to MGH after he collided with an MBTA bus around 7:20am at the intersection of Federal and Washington Streets in Salem (near Salem District Court). According to reports, the bicyclist was a 47-year-old male from Salem, and he apparently collided with the right front side of a Route 455 bus. It is unclear exactly how the accident occurred, but the Salem News reports that the cyclists was not wearing a helmet and was wearing headphones. It is currently under investigation by the Salem police.

Collisions with cars are perhaps the most dangerous-and deadly-form of bicycle accidents. Sharing the road with drivers requires incredible diligence on behalf of both drivers and cyclists. Although Boston has increased the number of bike lanes within the city itself, as several communities in the Greater Boston area have done as well, bicyclists still frequently share the streets with drivers.

Note that Massachusetts law only requires individuals age 16 and under to wear helmets, although bicyclists of all ages are advised to wear helmets.

March 29, 2012

Wrongful Death?: Shooting of Trayvon Martin by Neighborhood Watch Captain Captures the National Spotlight

by Altman & Altman

Answers are still being sought and an arrest demanded in the fatal shooting of Trayvon Martin on February 26. The deadly altercation between the black 17-year-old and a white 28-year-old neighborhood watch volunteer George Zimmerman in a gated Florida community has people wondering how big of a role racism has played in both the shooting and now the lack of an arrest. It is not known at this time whether Martin’s family intends to file a wrongful death claim.

Martin was unarmed at the time when, when walking from a convenience store to the home of his dad’s fiancé, he was shot by Zimmerman who was patrolling the neighborhood. It was raining and Martin had pulled the hood of his sweatshirt over his head. His girlfriend, who had been talking to him on his cell phone right before the shooting, says that he told her someone was following him.

Zimmerman, who called 911 and reported seeing “a suspicious” person, had been told by the dispatcher to stay in his vehicle. Yet, for whatever reason, he chose to exit his vehicle. According to police, he claims that this is when Martin attacked him, pushing his head into the ground and punching his nose. Zimmerman then pulled his weapon and shot Martin. The neighborhood watch volunteer said he acted in self-defense. He has not been arrested or charged with any crime.

Civil rights leaders and people who use social media have been speculating that Zimmerman would have been arrested by know if he was black and Martin had been white.

In a case such as this, any criminal proceedings are separate from a civil case in the event that Martin’s family member decides to file for wrongful death. Did Zimmerman make an honest mistake, truly acting in self-defense, or act with malice? Was he improperly trained as a neighborhood watch volunteer, thereby increasing the risk that this type of deadly incident might occur? Who is at fault that Zimmerman disregarded commands by the dispatcher to stay put?

In Massachusetts, our Boston injury lawyers represent victims and their families in cases involving excessive use of violence by law enforcement officers, security guards, and others tasked with his role. There may be more than one party that should be held liable.

What is the Role of a Neighborhood Watch Member?, Manassas Patch, March 28, 2012

Trayvon Martin Case: Timeline of Events, ABC News, March 28, 2012

More Blog Posts:
Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force, Boston Injury Lawyer Blog, August 9, 2011

Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011
Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011 Continue reading