Premises Liability

July 20, 2012

Following “The Dark Night Rises” Shooting Tragedy, Some Movie Theaters Ramp Up Security

Some movie theaters have heightened security, in the wake of this morning’s deadly massacre at a Colorado multiplex. The shooting, which took place during the premiere at “The Dark Knight Rises” at the Century 16 Movie Theater in Aurora, left at lest 12 people dead and 59 others injured. Young children, including one infant, and adults, were among the victims.

At Altman & Altman, LLP, our Boston injury lawyers are watching the aftermath of this tragic incident along with the rest of the nation. It is horrible for such a senseless event to mar what should have been a fun, memorable event for moviegoers.

The suspect, 24-year-old James E. Holmes, is accused of entering the theater through an emergency exit while brandishing multiple weapons. He fired on the unsuspecting audience shortly after the movie began. Holmes, who did not resist arrest afterwards, is said to have told police he was the Joker, the notorious villain from the last Batman movie.

June 9, 2012

Brockton Teen Fatally Drowns in Plymouth, Massachusetts During Church Camping Trip

by Altman & Altman

Raphael Perez, 18, drowned in a pond in Myles Standish State Forest last night. At the time, the Brockton teen was on a camping trip with a Seventh-day Adventist church from Fall River.

According to State Police, Perez became “distressed” during his swim in Charge Pond. He was pulled out of the water after the Plymouth, Massachusetts drowning accident and CPR was performed on him. The teen was then taken to the hospital where he was pronounced dead.

Perez’s sister, Monica Perez, said that brother drowned while helping another struggling swimmer. Monica was not at the pond that night. The district attorney’s office is investigating the Plymouth drowning accident.

Myles Standish is supervised by the Massachusetts Department of Conservation and Recreation. According to a department spokesperson, boating and swimming are allowed in Charge Pond between dawn and dusk, there are no lifeguards (signs are posted to indicate this), and there is a demarcated swimming area.

Drowning Accidents
Massachusetts drowning accidents can happen in pools, hot tubs, and in natural bodies of water. As our Boston injury lawyers have said in the past, it is important that the necessary care is exercised by those in charge of a swimming area to prevent or decrease the risk of a drowning.

Obviously it is too soon to tell what happened at Charge Lake last night or if anyone should be held liable. For example, did the state do enough to exercise this type of are? How many fatal drownings have occurred there in the past? Could something have been done to prevent Perez’s drowning? Should the church group that he had gone camping with have done more to properly supervise the participants?

Brockton teen who drowned in Plymouth pond remembered by sister as sociable, Boston.com, June 9, 2012

Sister says Mass. drowning victim put others first, WCVB, June 9, 2012

Myles Standish State Forest

More Blog Posts:
Toddler Found Dead After Drowning, Boston Injury Lawyers Blog, May 31, 2012

Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning, Boston Injury Lawyers Blog, April 20, 2012

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyers Blog, July 29, 2011 Continue reading

May 16, 2012

Investigators Look at Pool Fence in Westborough Drowning Death

by Altman & Altman

Investigators are trying to determine how a 4-year-old boy with autism managed to get into his apartment complex swimming pool on his own and drown. Alexie Lepoer was found in the water on Mother’s Day.

At the time of the Westborough drowning death, which occurred at the Park Village West complex, the pool had not yet been opened for the swimming season and the water was murky. It had been uncovered about a week before the accident so that it could be cleaned and treated.

Although the pool is surrounded by a chain-link fence that was constructed in the 1970’s, authorities believe that Alexie may have gotten into the water by crawling under a section of the fence that had come loose-just big enough for someone his size to be able to crawl through. Town investigators are now looking at other pools in the area with similar fencing.

May 8, 2012

Newton, Massachusetts Premises Liability Lawsuit Over Falling Tree Branch Accident Can Proceed, Rules SJC

by Altman & Altman

The Massachusetts Supreme Judicial Court says that a man’s personal injury lawsuit against the city of Newton over a falling tree branch accident can proceed. The state’s highest court’s ruling rejected the city’s appeal claiming that the recreational use statute protects Newton from being sued for the plaintiff’s injuries. However, the SJC’s ruling does not answer the question of whether Newton can actually be held liable for these injuries.

The plaintiff, 52-year-old Edward Marcus, shattered his shoulder blades and fractured two of his ribs when a tree branch landed on his back on July 8, 2007. At the time, he was seated in the shade below some trees at McGrath Field while waiting to go up to bat during a Coed Jewish Sports-organized softball game. (The field is owned by the city of Newton. However, according to the city, it doesn’t own the tree, which is rooted in land that belongs to Temple Shalom. Marcus’s Newton personal injury lawyer has countered that seeing as the branch was hanging over public property, it posed a hazard that the city should have remedied.)

Under Massachusetts’ recreational use statute, a property owner that lets the public use the land for recreation without charging a fee isn’t liable for property damage or personal injury unless it engaged in conduct that was “willful, wanton, or reckless.” The SJC’s ruling in this Newton premises liability lawsuit was impacted by whether or not it considered the registration payment that Marcus paid to participate in the softball game to be a “fee” collected by the city.

February 29, 2012

Are Massachusetts Schools Doing Enough to Prevent Student Violence?

by Altman & Altman

In recent years, student incited violence has made national headlines as injuries and deaths have resulted. From the Columbine High School massacre in 1999 to the suicide of Phoebe Prince, the South Hadley High School girl who was bullied online in 2010, the country has been a witness to how youth violence can lead to adult consequences. With schools now more than aware of what can happen, are they doing enough to protect their students?

Recently, Just North of Boston, 29 Lynn English High School students were suspended after videos of two girls brawling were posted online. Dozens of kids surrounded them, cheering the brawlers, while others used their cell phone cameras to record the fight. Criminal charges will likely be filed against the two girls.

Gone are the days when the idea of two girls fighting conjured up only images of hair pulling and shoving, which, our Boston injury lawyers would like to note, can also result in at least one, if not both persons, getting hurt. Just last Friday, a 10-year-old California girl suffered a fatal traumatic brain injury after she and another girl, age 11, fought each other in a nearby alleyway over a boy.

Meantime, the country is also reeling after Monday’s deadly student shooting at an Ohio high school where 17-year-old Lane gunned down high school students who were at a cafeteria table. Three of the victims have died. Two others are recovering from their injuries. Lane has confessed to the shootings. He says he chose his targets at random.

Can schools be held liable when violent crimes happen under their watch? Depending on the specifics of what happened, the answer can be yes. For example, Prince’s family settled their Hampshire County, Massachusetts wrongful death lawsuit with the South Hadley Public School District.

Mass. high school girls fight on tape, dozens suspended, charges loom, CBS News, February 28, 2012
Girl who died after school fight was bleeding inside skull, Los Angeles Times, February 28, 2012

Ohio Shooting Suspect Confesses, Prosecutor Says, The New York Times, February 29, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Three Teens Injured in Canton Group Home During Brawl, Boston Injury Lawyer Blog, June 30, 2011 Continue reading

January 28, 2012

Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons

by Altman & Altman

Nearly two years after a Quincy fire at a basement apartment claimed the lives of Oudah Moshah Frawi, 9, and his sons Ali Oudah Frawi, 1, and Hassan Frawi, 2 months, landlords Jason Huang and Andy Huang have been convicted of manslaughter over their deaths. The Norfolk Superior Court jury also convicted the brothers of wanton or reckless violation of state building codes. The Huangs are facing up to 20 years in prison.

The blaze started in the basement apartment where the family’s sofa caught fire. Also injured in the fire was Terri Knight, who was Frawi’s wife and the mother of the two boys. She sustained severe burn injuries to her hand. It wasn’t until three weeks after she was admitted to a hospital, when she woke up from a coma, that she found out her family had perished.

Authorities say that the apartment had been illegally built and lacked a proper escape route and smoke detectors. The building also had four utility meters, even though there were apartment units, and was illegally wired.

Knight later filed a $10M Quincy wrongful death lawsuit against Andy Huang and his wife accusing them of negligent maintenance and other careless acts that are grounds for a Massachusetts premises liability case.

Landlords that fail to make a building safe for tenants can be held liable for Boston premises liability in the event of a fire. Failure to install smoke detectors or fire alarms, establish proper exits, properly maintain electrical wiring, and abide by local, state, and federal safety codes are just some of the reasons why a tenant or his/her family might file a Massachusetts personal injury or wrongful death complaint.

Landlords convicted in blaze, Boston Herald, January 28, 2012
Quincy grocer sues lamp manufacturer in fire that killed man, 2 young sons, Patriot Ledger, July 3, 2010

More Blog Posts:
Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment, Boston Injury Lawyer Blog, April 14, 2009
Seven Boston University Students Injured in Allston Apartment Fire, Boston Injury Lawyer Blog, January 22, 2012
Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained, Boston Injury Lawyer Blog, December 10, 2012 Continue reading

January 23, 2012

Carbon Monoxide Poisoning Sends Boston Mother and Kids to Massachusetts General Hospital

by Altman & Altman

According to Boston fire officials, a Hyde Park mom and her three kids were treated at Massachusetts General Hospital today after they suffered from carbon monoxide poisoning. The four of them were removed from their residence this morning.

Fire Department spokesman Steve MacDonald said they were called to home the evening before after the CO detector went off. However, when firefighters arrived at the residence, they did not detect carbon monoxide in the air and they advised the family to change the detection device’s battery.

The home’s owner, Jean Louisia, said that police might not have been able to detect the CO because he had opened the windows. Later that evening, the device went off again and Louisia unplugged him.

January 22, 2012

Seven Boston University Students Injured in Allston Apartment Fire

by Altman & Altman

A raging Massachusetts fire at a three-story Allston house early this morning has sent seven Boston University students to the hospital. A few people had to jump out off a top floor window to escape to safety. At least one person is in critical condition.

The Boston Fire Department says the fire is under investigation to determine its cause. The building is listed as a single-family home with the Assessing Department. However, fire officials said that the structure had been turned into apartments with students residing on different floors, including the attic and the basement.

It is not known at this time whether the building had working fire detectors. The damage to the building from the Boston fire was so severe that it will likely be torn down.

Unfortunately, fire accidents do happen and thousands of people are injured and killed as a result. According to the US Fire Administration, 16,705 people were injured and 3,320 others killed in 2008 in the US alone. 84% of civilian fire fatalities took place in residences. There were over 1,400,000 reported fires that year. 36% of them were structure fires.

If you or someone you love suffered burn injuries or other injuries fire that you believe was caused by another party’s negligence or could/should have been prevented, you should talk to a Boston injury lawyer immediately. Common causes of building and residential fires:

• Faulty wiring • A fire left on accidentally and/or without supervision • A candle knocked over • A defective electrical product that malfunctioned • Lighting equipment or electrical system malfunction
It is the responsibility of property owners to make sure that their premises do not have any foreseeable fire hazards and that there are proper fire prevention and safety measures in place. This could include working fire alarms, fire extinguishers, and (when buildings are involved) fire escapes and/or fire exits. That said, property owners are not the only one that may be held liable in the event of Massachusetts burn injuries or deaths resulting from a fire. For example, the manufacturer of a defective electrical product could be held liable, as the operator of the business where a fire broke out.

Students leap from upper floor of Allston building to escape fire; one critically injured, Boston.com, January 22, 2012
Seven BU students hurt in raging fire, Boston Herald, January 22, 2012

More Blog Posts:
Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple, Boston Injury Lawyer, February 18, 2011
Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm, Boston Injury Lawyer Blog, September 3, 2009
58 Fire Fatalities in Massachusetts in 2007, Boston Injury Lawyer Blog, January 4, 2008 Continue reading

December 10, 2011

Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained

by Altman & Altman

Jean S. Mui, who is the landlord of the Worcester apartment building that burned down during a three-alarm fire on Thursday, is expected in court tomorrow. Mui faces allegations that the building, at 49 Arlington St., was in violation of 30 building and sanitary codes.

Building inspectors had identified the multiple violations before this week’s blaze, which caused the structure to partially collapse. Firefighter Jon Davies was killed in the Worcester fire. Another firefighter, Brian Carroll, suffered injuries.

The two men got trapped when the back of the building caved. They were trying to rescue a missing tenant, who has still not been found.

According to neighbors, recently arson fires have been occurring in the area.

If Worcester premises liability was a factor in causing the building fire and collapse, the firefighters and their families may have grounds for suing Mui for damages. Property owners can be held accountable in civil court or arbitration if a hazard on the premise that could/should have been remedied causes someone to get hurt or die in an accident.

The three-decker on Arlington Street has also been the focus of eight city inspections and three housing complaints in the last year. There were reportedly structural defects in the building’s foundation that weren’t fixed even though months had passed since a city order was put out requiring that the repairs be made. Code violations include those for illegal heaters and rodents.

Workers injured or killed on the job are usually entitled to benefits from their employer’s insurer. This, however, does not preclude them from obtaining Worcester wrongful death or personal injury recovery.

Worcester fire landlord faces code citations, Boston Herald, December 11, 2011
Worcester firefighter dies in blaze, AP/Sentinel and Enterprise, December 9, 2011

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer Blog, November 24, 2011
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011 Continue reading

December 7, 2011

Boston Injuries Reported in 10 Segway Accidents in 2011

by Altman & Altman

According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones • Spinal cord injuries • Facial injuries • Wrist injuries • Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011
Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011 Continue reading