Premises Liability

June 13, 2011

Union Doesn’t Want Two Inspectors Linked to Auburn Escalator Accident Death Fired

According to Boston.com, Service Employees International Union is questioning the decision to terminate the employment of the two inspectors accused of not properly checking the escalator that 4-year-old Mark DiBona plunged to his death from at the Auburn Mall last March. In a recent blog post, our Boston injury lawyers reported on the fact that DiBona’s parents have filed a Massachusetts wrongful death lawsuit against Sears Roebuck and Co. and several other parties.

The Dudley boy fell through a 6-inch gap on the escalator even though Massachusetts building codes don’t allow for openings larger than 4-inches. The two inspectors who had inspected the escalator prior to that were suspended after Public Safety Commissioner Thomas Gatzunis found that they failed to mandate that escalator owners make sure that there are safety barriers over any wide gaps found next to the sides of different public escalators. Steps have since been taken to have them fired.

However, a legal representative for Service Employees International Union is arguing that inspectors have never cited escalator owners before for violating this portion of the code and that many inspectors were not even aware that the state doesn’t allow such wide gaps next to the escalators. He said that this lack of training of escalator inspectors is an institutional problem, which is an implication that the adequate information possessed by inspectors is not necessarily their fault.

June 10, 2011

Worcester County Wrongful Death Lawsuit Filed By Family of Dudley Boy Killed in Massachusetts Escalator Accident

by Altman & Altman

In March, our Boston injury lawyers published a blog post on the tragic Worcester County escalator accident at the Auburn Mall that claimed the life of 4-year-old Mark DiBona. Now, his family has filed an Auburn, Massachusetts wrongful death lawsuit against Sears Roebuck and Co., the Simon Property Group, the Mall at Auburn LL, Schindler Elevator Corp., Botany Bay Construction Co., and Mayflower Auburn LP. seeking unspecified damages for gross negligence and negligence.

The little boy died after he fell two stories through a 6-inch space of an escalator located in the Sears store at the Auburn Mall. The gap was bigger than the 4-inch maximum allowed under state building codes.

Following the Massachusetts escalator accident, the two inspectors who certified the escalator as being in compliance with the safety code were suspended. The state has also started taking steps to get them terminated from their jobs.

May 25, 2011

Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater

by Altman & Altman

A well-known artist, poet, and children’s book author is suing the management company of her condo complex for Salem personal injury. Frances Wosmek, 93, sustained “horrific burns” when she took a bath in scalding water. Her first-, second-, and third-degree burns were so severe that she has had to have surgery to remove some of the burned tissue.

The Massachusetts burn accident took place on the evening of March 28. It wasn’t until the following morning that an aide found the elderly woman with her back and legs covered with burns. She spent more than two weeks at Massachusetts General Hospital and another several weeks at Spaulding Rehabilitation Hospital.

The defendants of Wosmek’s Salem premises liability complaint are EP Management Corp. of Beverly, owner Ronda Ziner, and property manager Toni Curcuru. Wosmek contends that the management company should have corrected the fluctuating water temperatures in the unit, which she owns. According to her Marblehead injury attorney, prior to the accident other residents had complained about the water temperature, which at times was hotter than the 130-degree maximum that the state allows.

April 26, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually

by Altman & Altman

A little over one month after the death of a 4-year-old Dudley Boy who fell in an Auburn Massachusetts escalator accident, the Boston Globe says that state Public Safety Department records of inspection show that only 44 out of 188 shopping mall escalators in Massachusetts were inspected annually over the last three years-that’s 144 escalators that haven’t been inspected each year even though state law requires it. Also, according to the records, from 2008 to 2010 some of the elevators weren’t checked by inspectors for two consecutive years.

The Globe says that when the mall escalators were checked, more than half the time they needed repairs. Mall escalators had to be temporarily shut down because of safety concerns. Industry specialists say that mall escalators should be checked yearly because they sustain a lot of wear and tear from being used by so many people. Following DiBona’s death, two inspectors were suspended for failing to block off a gap at the top of the escalator that was too wide.

Some causes of escalator accidents:

• Stopping abruptly • Starting abruptly • Wet or slippery surfaces • Fingers, toes, or clothing getting caught on the escalator’s metal teeth • Inadequate inspection
• Faulty repairs • An emergency stop button that doesn’t work

There may be more than one party who should be held liable for your Boston personal injuries from an escalator accident. An experienced Boston injury lawyer can help you figure out whether you have grounds for a case claiming Massachusetts products liability, premises liability, or personal injury.

Most mall escalators lack full state inspections, Boston.com, April 25, 2011
Family Of Boy Who Died On Escalator Issues Statement, CBS Boston, March 15, 2011

More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 13, 2011
Family of Woman Who Died in MBTA Escalator Accident Files Suit, Boston Car Accident Lawyer Blog, November 3, 2009
Worcester Jury Awards Massachusetts Teen $2.85 For Escalator Accident that Mangled His Hand, Boston Injury Lawyer Blog, December 27, 2007 Continue reading

April 19, 2011

Emerson College Student Dies in Boston Roof Fall

by Altman & Altman

Two days after 21-year-old Justin Amorratanasuchad fell four-stories to his death in a Boston fall accident from the top of a South End apartment building, the city is warning landlords to secure their buildings’ rooftops. The Emerson college student was working on a film project on the roof when he stepped backward, lost his balance, and fell. Police discovered his body at the back of the building at around 10:45 am on Sunday. Amorratanasuchad did not live in the building.

According to investigators, it looks as if someone had tampered with the lock to the roof entrance. Following the Roxbury fall accident, the property managers installed metal plates with dead bolts on the door and are planning more improvements.

The Inspectional Services Department is looking to see whether the building managers committed any violations. For example, if the lock had been broken for a while and no efforts were made to repair it, there could be the issue of unsafe maintenance. CSOH Properties LLC of Boston is the property owner.

Just yesterday, another man suffered serious injuries in a Massachusetts roof fall accident. This one occurred on Beacon Street in Brookline. The 22-year-old Babson College student was watching the Boston Marathon with friends when he fell four stories through the rooftop skylight, striking the stairway railings and other objects as he went down. He is expected to recover from his injuries and could be released as early as today.

The building where the Brookline fall accident happened doesn’t have a roof deck. Police are trying to determine whether anyone should have been allowed on the flat roof.

Boston Premises Liability
Landlords, property owners, business owners, store owners, and other owners of private and public properties must make sure there are no hazards on a premise that could cause or allow injuries or death to occur. Failure to fulfill this duty can result in Boston injury or wrongful death recovery for victims and/or their families.

An experienced Boston injury lawyer can talk to you about your legal options.

‘Genius’ Emerson College filmmaker mourned after fall, Boston Herald, April 19, 2011
City warns landlords to secure rooftops, Boston.com, April 19, 2011
Emerson Film Student Falls To His Death From Roof, WBUR.org, April 18, 2011

Related Web Resources:
Inspectional Services Department, Boston.gov
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2010
Massachusetts Fall Accident: Burlington Deck Collapse Injures Six, Boston Injury Lawyer Blog, September 17, 2010
Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof, Boston Injury Lawyer Blog, July 16, 2010 Continue reading

April 16, 2011

Nantucket Carbon Monoxide Poisoning Incident Sends 11 Apartment Residents to the Hospital

by Altman & Altman

11 apartment residents were rushed to the hospital this morning after suffering from carbon monoxide poisoning. Officials say that a faulty furnace in an apartment building may have caused the Nantucket injury accident. The 11 victims “close to death.” Four police officers and one firefighter also went to the hospital because they were exposed to CO.

Police arrived at the Macy Lane residence after a receiving a call from someone reporting that several people in the building were sick. Six of the sick residents were found in the upper-floor apartments, while five residents were discovered “incapacitated” in the apartment located in the basement where the carbon monoxide levels were the highest.

State law requires that there be a carbon monoxide alarm on each floor. According to Massachusetts Fire Marshall Stephen Coan, there were detectors in the building but their batteries weren’t working.

Carbon Monoxide Poisoning
Because carbon monoxide is an odorless, colorless gas that people cannot see, smell, or taste, it is so important that there be working CO detectors on a premise. Considered the number one cause of accidental poisoning deaths in the US, the Centers for Disease Control and Prevention says that CO poisoning results in over 15,000 ER visits and about 500 people a year. Severe CO poisoning can cause brain injury, heart problems, coma, and death.

Property owners must make sure there are no appliance or hazards on a premise that could lead to CO poisoning. They also must make sure that there are working carbon monoxide detectors in the building. Also, the manufacturers of products that produce CO must make sure that there are no defects or malfunctions that could cause too much carbon monoxide to be emitted into the air.

Nantucket cops: carbon monoxide poisoning puts 11 in hospital, Boston Herald, April 16, 2011
Carbon monoxide sends 12 to hospital, Boston, April 17, 2011

Related Web Resources:
Carbon monoxide poisoning, Mayo Clinic
Carbon monoxide, Centers for Disease Control and Prevention

More Blog Posts:
Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer Blog, March 18, 2011
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011
$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs, Boston Injury Lawyer Blog, February 27, 2011 Continue reading

March 18, 2011

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee

by Altman & Altman

Patrick Blanchard is seeking Massachusetts personal injury damages from the Platinum Premier Gentleman’s Club in Worcester. The 25-year-old Sterling resident contends that he was beaten and robbed by a club employee last May.

In his Worcester personal injury complaint, Blanchard claims that strip club employee Easton Byfield brought him to the men’s room, wrongfully accused him of selling drugs to dancer, struck his face four times, and stole $300 from him. Byfield, an Oxford resident, has been charged with kidnapping, assault and battery, unarmed robbery, and filing a false police report.

Blanchard says that someone else shot the incident on video and the footage was posted on YouTube and other Websites. The plaintiff says that the video has been watched “hundreds of thousands” of times and that this has caused him to suffer severe emotional distress, humiliation, and extreme embarrassment. He says that his damages for emotional trauma alone are over $30,000.

March 16, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident

by Altman & Altman

State officials are ordering a statewide investigation of escalators, after 4-year-old Mark DiBona fell two stories down an escalator in a Sears store at the Auburn Mall on Friday. The Dudley boy landed on a store display and sustained serious injuries during the Massachusetts escalator accident. He died the following day.

Earlier this week, two inspectors were suspended because they did not block off a gap at the top of the escalator. Although the gap should have only been 4 inches wide, it was 6 ¼ inches. A barricade should have been placed between the wall and the side of the escalator to restrict the opening’s size. All escalators that the two inspectors checked will be looked at again.

There are about 975 escalators in the state. Each one is inspected annually.

February 27, 2011

$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs

by Altman & Altman

A judge has awarded the family of Jacob Freeman $6.8 million in Boston wrongful death damages. Freeman, a Northeastern University Student, died nearly four years ago after falling down a flight of stairs at Our House East, a Boston bar on Gainsborough Street.

In her Boston premises liability ruling, Suffolk Superior Court Judge Elizabeth M. Fahey noted that even though Freeman’s BAC was .208 when he fell down the stairs going to the basement in the early hours of April 1, 2007, the staircase was poorly lit, lacked a landing, possessed inadequate railings, and was hazardous in other ways. She also notes that vinyl stripes likely made it hard for Freeman to see that there was a staircase there.

Fahey says that she ordered Gainsboro Restaurant Inc. to pay damages on the grounds that not only did the bar ignore the safety hazards that the stairs presented-no repairs were made following two previous incidents of people falling there-but also for decades the bar had been violating the city’s permitting process, including never getting the permit required to run a bar.

February 18, 2011

Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple

by Altman & Altman

The Boston Herald is reporting that according to fire safety officials, an electrical problem appears to have caused the fire that claimed the lives of 82-year-old Douglas Anderson and his 84-year-old Gladys. The two were found inside their burning home in Westfield, Massachusetts yesterday afternoon.

Police say that smoke inhalation appears to have been the cause of death. There were no working smoke alarms in the house’s first or second floors. The fire appears to have started in a bedroom on the first floor where the damage seems to have been contained. However, the house’s interior sustained heavy smoke damage. Depending on what the electrical issue was, the Andersons’ adult children may have grounds for filing a Massachusetts wrongful death claim.

Common causes of house fires:
• Cooking accidents • Smoking accidents • Heating accidents • Electrical accidents • Faulty electrical wiring • Machinery or appliance defects
Fires can lead to burn injuries, disfigurement, smoke inhalation, scarring, and death.

Smoke Inhalation
According to emedicinehealth.com, smoke inhalation is the number one cause of death. 50-80% of fire fatalities are caused by smoke inhalation. Signs of smoke inhalation may include coughing, shortness of breath, breathing issues, irritated eyes, change in skin color, soot in the throat or nose, headaches, confusion, seizures, fainting, or coma.

If you believe that a fire that resulted in injury or death was caused by another party’s negligence, you may have grounds for a Massachusetts personal injury case.

Westfield residents Gladys and Douglas Anderson killed in fire at their Overlook Drive home, MassLive, February 17, 2011
Elderly couple die in Westfield fire, Boston Herald, February 18, 2011

Related Web Resources:
Home Fire Safety Tips

Smoke Inhalation, emedicinehealth

More Boston Injury Lawyer Blog Posts:
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