Premises Liability

December 19, 2012

Massachusetts Wrongful Death/Personal Injury Lawsuit Blaming Lax Supervision at Gillette Stadium for Drunken Driving Crash Will Go to Trial

Nearly four and a half years after a Massachusetts car crash killed two friends and injured a third on the night of the 2008 New England County Music Festival, a Norfolk Superior Court judge says that the families’ Foxborough, MA persona injury/wrongful death lawsuit can go to trial. The defendants had sought to have the case dismissed.

The catastrophic crash occurred after the three women, 24-year-old Norton resident Nina Houlihan, 19-year-old Mansfield resident Alexa Latteo, and 20-year-old Milton resident Debra Davis drank alcohol at the Gillette Stadium parking lot during the music event. They later crashed their car into a tree about a mile away from the site.

Latteo, who had been driving, died from her Foxborough, Massachusetts motor vehicle accident injuries, as did Milton. Houlihan survived with injuries. She and the Davis family later filed a civil case against Kraft Group, which owns the stadium, as well as several affiliated entities, including security firm TeamOps LLC, NPS LLC, and FXP LLC. The friends reportedly were tailgating “all day” at the Stadium even though they didn’t have tickets to the event.

December 14, 2012

Sandy Hook Elementary School Massacre Leaves At Least 27 Dead

by Altman & Altman

A tragic shooting at the Sandy Hook Elementary School in Connecticut has claimed the lives of at least 20 kids between the ages of 5 and 10, and seven adults, including shooter Adam Lanza, 20. One other victim was hurt. According to the media, Lanza shot at his victims in two rooms before firing on himself. He had multiple fire arms with him.

Lanza’s mother is among the deceased. Her body was found at the home she shared with him. At Altman & Altman, LLP the thoughts of our Boston injury lawyers are with the with the victims, their families, and the rest of the community there at this time during what is being called the second deadliest school shootings in our nation’s history. The campus shooting at Virginia Tech in 2007 had 32 fatalities. 15 were killed, including the two shooters, at the The Columbine High School shooting.

Massachusetts School Accidents and Crimes

December 6, 2012

Boston Carbon Monoxide Exposure in Mattapan Homes Sickens Seven

by Altman & Altman

According to a local fire official, seven people fell ill after they were exposed to a carbon monoxide leak in a Mattapan home on Wednesday afternoon. Two of the victims were reportedly children. As of yesterday evening, reports The Boston Globe, all of the victims except for one woman, who was being treated for an unrelated condition, had been released from the hospital.

Boston EMS said that the CO exposure was likely triggered while a worker was fixing the triple-decker residence’s heating unit. Also, there were a couple of carbon monoxide detectors missing from the building while another one didn’t have batteries. Following the evacuation of the residents, the company that had been working on the unit tightened a lose duct that may have been the source of the gas leak.

CO Poisoning
Too much exposure to carbon monoxide can be fatal, and with the cold weather now here, this is the time of year when the number of leaks rises. While CO is emitted any time something is burned and this generally isn’t a problem as long as ventilation isn’t an issue, danger can occur should the gas build up in an enclosed space and/or when ventilation is poor. The reason that the winter months is a time when CO poisoning incidents go up is that this is when many Americans use fireplaces, furnaces, water heaters, gas cooking stoves, and space heaters-appliances that emit carbon monoxide.

CO is a gas that has no smell or color so victims usually don’t know when they’ve been exposed. Carbon monoxide poisoning symptoms can also be deceptive: headache, a feverless flu, nausea, breath shortness, dizziness, and fatigue. Exposure to a high concentration of CO can render a person unconscious, and may even prove fatal. The elderly, infants, and people whose red blood counts are low or who are suffering from respiratory or heart conditions are at greater risk of serious effects from CO poisoning.

Depending on what happened, you may have grounds for Boston personal injury case against the owner of the property where the CO poisoning occurred, the manufacturer of the appliance that leaked the gas, or a maintenance company that played a role in allowing the leak to happen. Failure by a property owner to install working CO detectors that are supposed to warn when a leak has happened can also be a reason to file a Massachusetts premises liability lawsuit if serious injuries or a death occurred.

Winter Heating Safety Alert: Carbon Monoxide Poisoning Prevention, American Red Cross
Seven people sickened after carbon monoxide exposure, The Boston Globe, December 5, 2012

More Blog Posts:
Carbon Monoxide Poisoning Sends Boston Mother and Kids to Massachusetts General Hospital, Boston Injury Lawyer Blog, January 23, 2012

Boston Family Suffers Carbon Monoxide Exposure, Boston Injury Lawyer Blog, January 23, 2012

Massachusetts Manufacturer Cited by OSHA for 34 Safety Violations, Massachusetts Workers’ Compensation Lawyer Blog, May 21, 2009 Continue reading

November 23, 2012

At Least 18 Injured in Springfield, Massachusetts Natural Gas Blast at Strip Club

by Altman & Altman

At least 18 people were hurt during a natural gas blast in Springfield, Massachusetts’s entertainment district at around 6 pm tonight. The explosion at the Scores Gentlemen’s Club, leveled the local strip club, and also damaged a five-story building and a nearby day care. A tattoo parlor a block and a half away also experienced property damage from the incident.

The blast happened after gas workers had wrapped up their investigation of the smell of gas in the area. They had evacuated the street and were just about to let people return when the explosion occurred.

Spokespeople at Mercy Medical Center and Baystate Medical Center say that none of the injuries appear to be life-threatening. Among those hurt were 10 firefighters and cops and three gas workers. One dancer from the strip club reportedly told The Republican that the smell of gas had been present for a while. She says the gas company even checked it out earlier this week.

November 17, 2012

Family of Teen Who Fell from US Airways Jet in a Boston Suburb Files Wrongful Death Lawsuit Against US Airways

by Altman & Altman

Two years after Delvonte Tisdale fell out of a flying Boeing 737 and landed in a Boston suburb, his family is suing US Airways, Charlotte-Douglas International Airport, and the city of Charlotte, NC for his wrongful death. The tragic accident involving the 16-year-old in November 2010 made national headlines after Tisdale stowed onto the plane.

The teen had run away from home and was able to get onto the airport tarmac and then later into the wheel well of the jet, which was destined for Boston, undetected. Following Tisdale’s death, a security review determined that the airport’s police force was not adequate enough to provide proper monitoring of the property. Since then, certain security recommendations have been implemented there.

The wheel well of a plane is not pressurized and there is usually not enough oxygen there. Temperatures can become very cold, even going down to way under 0 degrees. A shattered plastic card was found on Tisdale’s body. The condition of the card likely was a result of freezing temperatures in the wheel well during the flight.

September 15, 2012

At Least 137 Fatal Drownings and168 Near Drownings Involving Kids in Pools and Spas Have Already Occurred This Summer, Says Media

by Altman & Altman

According to the U.S. Consumer Product Safety Commission, media reports reveal that between Memorial Day and Labor Day of this year there were at least 137 child drowning deaths and 168 near drownings (serious enough to warrant emergency help) in US pools and spas. 54 of these drownings took place not long after the victim had left the proximity of a grownup in the immediate area. 31 kids drowned even though there were people in the pool with them. At least 100 of these children were under the age of 5. Seeing as drowning is the number one cause of accidental death among kids in the one to four age group, these latest figures are, unfortunately, not surprising.

Our Boston swimming accident lawyers represent children and their families with claims and lawsuits against negligent parties that either directly or indirectly caused a child’s injury or death. Depending on the specifics of what happened, possible liable parties when drowning in a spa or pool is involved may include the pool/spa owner, the manufacturer of a defective pool or spa part, or the party that was responsible for supervising the victim at the time of the accident. Altman & Altman LLP is experienced in handling cases involving the Massachusetts personal injury areas of premises liability, negligent supervision, and products liability. We also handled drowning accidents and deaths involving adult victims.

In a report that it issued earlier this year, the CPSC noted that during the summers of 2007, 2008, and 2009 about 243 kids drowned in spas or pools each season-with about 390 child drowning deaths ultimately reported for each year. Also, for 2009, 2010, and 2011 on average there were about 5,200 spa- or pool- related submersion injuries that required ER care each year. Once again, kids under age 5 made up the majority of the reported child deaths and injuries.

September 12, 2012

Massachusetts Trampoline Parks: Are They Safe?

by Altman & Altman

Over the last couple of years, there have been more than dozen premises liability lawsuits filed against certain trampoline parks by plaintiffs contending that owners are creating an unsafe environment that places patrons at risk of personal injury. Allegations have ranged from claims that facilities that are dangerously maintained and poorly designed to inadequate supervision. Such issues are important to look at seeing as the trampoline park industry continues to grow. In Massachusetts, our Boston premises liability lawyers represent clients with injury claims against venue owners whose negligence played a role in causing the injury/death of a patron on that property. Do not hesitate to contact Altman & Altman LLP to request your free case evaluation.

While trampoline park owners are maintaining that trampoline use causes less injuries than most sports (trampoline use has been touted as an aerobic workout that helps develop coordination and balance) not everyone is convinced. According to the US Consumer Product Safety Commission, there were 92,159 trampoline-linked injuries that were treated in hospital ERS in 2010. Meantime, in 2006, the American Academy of Pediatrics recommended that trampolines shouldn’t be used at home, during PE classes, or in outdoor playgrounds. Also, earlier this year, the American Association of Orthopedic Surgeons cautioned that trampolines, while “fun” for all ages, comes with a high injury risk especially when there is more than one person jumping at a time. It too is recommending against home or outdoor playground use.

Common causes of trampoline injuries:

September 4, 2012

Toddler Involved in Worcester, Massachusetts Fall Accident From Window

by Altman & Altman

According to Worcester police, a 2-year-old boy fell 12 to 14 feet through a second floor window at a Hancock Street residence yesterday. He was alert and crying with a bump to his head from Massachusetts fall accident and he had to be taken to a hospital for treatment.

The toddler appears to have pushed the window screen before falling out.

Unfortunately, about 5,100 kids are injured in US fall accidents each year. The majority of these incidents could have been prevented if only the proper window safety precautions were taken. In Massachusetts, our Boston premises liability law firm represents children and families injured because of unsafe or defective conditions on someone’s property.

August 28, 2012

Disabled Man is Beaten in Boston at MBTA’s Downtown Crossing Station Orange Line Platform

by Altman & Altman

Massachusetts Bay Transportation Authority Police have arrested two people in the assault of a man who is disabled. The alleged assault occurred yesterday on the Downtown Crossing Station on the Orange Line platform. The victim, 40, was transported to a Boston hospital. His MBTA accident injuries included lacerations and injuries to his face and torso.

Watertown resident, 32-year-old Bryon Lashus, Cambridge resident, 22-year-old Karen Akiba, are to be arraigned in court on assault charges. The two of them were allegedly part of a group that attacked the man who was waiting for a train to arrive.

According to MBTA police, the alleged victim got involved in the group’s conversation, which is when the assault happened. The man’s disability prevents him from communicating properly with people.

August 16, 2012

Templeton, Massachusetts Bar Brawl Sends Man to the Hospital

by Altman & Altman

A man who was accused of putting his arm around someone else’s girlfriend at the Candlelight Café in Templeton last Friday has since had to get 32 staples to his head and 100 stitches. He was watching a friend perform karaoke when Brian Ronn and William Felone allegedly assaulted him with beer bottles.

The victim claims that his arm was already resting on the bar when the woman sat down next to him. Felone and Ronne have been arraigned on assault and battery with a dangerous weapon charges. They have both pleaded not guilty. At this time, it is not known whether the victim intends to file a Massachusetts personal injury lawsuit against his alleged assailants.

Property owners have a responsibility to protect their visitors, patrons, customers, and others from becoming the victim of violent crimes or getting seriously hurt in other ways. Even if the premise owner or an employee did not do anything to cause the injury or the accident, they could still be held liable. It is a good idea to explore your legal options to find out whether you have grounds for a case.