Premises Liability

June 1, 2009

Prevent Boston Pool and Spa Drowning Accidents by Installing New Drains and Implementing the Proper Safety Measures, Says CPSC

The Consumer Product Safety Commission reports that nearly 300 kids 4 ages 4 and under are killed in pool and spa accidents a year, while some 3,000 others are injured. More than 50% of the child victims are under 3 years of age. 80% of fatal drowning accidents involving child victims occur in spas and pools in private residences.

With summer approaching, these disturbing figures are an important reminder of why pool and spa owners and operators need to make sure that kids are properly supervised in the pool area and that fencing is placed around the pool or spa to prevent children from getting into the water when no one is around. It’s also time for the owners and managers of public pools and spas to replace their pool drain cover with the newer, safer drain cover mandated under the Virginia Graeme Baker Pool and Spa Safety Act.

This new law requires all public pools and spas to be fitted with the anti-entrapment drain cover and when applicable, the anti-entrapment system. According to the CPSC, 11 people were killed and 69 others were injured in spa and pool entrapment accidents. The new drain covers are supposed to prevent the drain from attaching to a person’s body part or bathing suit, causing the suction to hold the victim under water until he or she drowns. Kids are especially susceptible to becoming the victim of pool entrapment accidents.

Drowning also continues to be a huge problem affecting kids, with children younger than 14 making up more than one in four deadly drownings. Victims that do survive near-drowning accidents will sometimes sustain traumatic brain injuries that could impair them for life.

If your child is injured or killed in a spa or pool on someone else’s premise, you may have grounds for filing a Boston premises liability complaintor a Massachusetts products liability lawsuit, including:

• Improper supervision • Lifeguard failure • Defective pool drain • Inadequate fencing around pool • Lack of emergency/rescue equipment • Wrongful death

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas

Related Web Resources:
Read the 2009 Report , CPSC (PDF)

Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safety
Continue reading

May 19, 2009

City of Methuen Reaches $600,000 Massachusetts Wrongful Death Settlement with Family of Boy Crushed by 1,600 Pound Iron Gate

by Altman & Altman

In Massachusetts, the family of Timothy DiLeo will receive $600,000 for his wrongful death from the city of Methuen. DiLeo died on Labor Day 2007 at Tenney Grammar School after a 1,600-pound iron gate fell on top of him. He was 11.

Two of DiLeos brothers and another boy were playing at the school when the gate fell on Timothy and his 8-year-old brother Andrew. Lifting the gate off the two boys required the strength of several men, including police officers and the boys’ father. Andrew, who survived the Massachusetts premises liability accident, sustained serious injuries. Brandon LaPorte, then 13, sustained minor leg injuries.

In September 2007, Essex County prosecutors ruled the tragic incident an accident and no criminal charges were filed. However, the city of Methuen has acknowledged liability for the Massachusetts wrongful death because it left the gate unhinged and unsecured in an area where children had access. The settlement figure is the maximum amount that the DiLeos can seek under Massachusetts law.

March 26, 2009

Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm

by Altman & Altman

According to the Quincy building commissioner, the apartment where a man and his two children were killed in a fire on Wednesday was illegally constructed in a basement that did not contain sprinklers or a working smoke detector. Three other families who live in the apartment building say that the smoke alarms in their units also do not work.

The white building, made in 1927 on Robertson Street, was only authorized to house four apartment buildings, yet additional apartments had been constructed in the basement and attic. While there were smoke alarms in building’s hallways, per state law, they had accidentally been deactivated.

Investigators are still trying to find out what caused the fire that ignited a sofa in the basement at around 3am, filling the apartment with thick smoke. While the man, Oudah Frawi, and his two sons, Ali Oudah, 1, and Hassan, 2-months-old, died, firefighters transported his wife Terri Night to Massachusetts General Hospital where she was admitted to the burn trauma unit with critical injuries.

The fire has damaged the building and many residents are currently unable to return to it.

Premises Liability
Apartment landlords are responsible for making sure that all safety devices are installed and are proper working condition on the premises and there are no hazardous or dangerous conditions that could cause injury or death to residents, visitors, or patrons. They also must make sure that there are no inadequate security conditions that could allow for violent crimes to occur on the property.

Some conditions on a premise that could be grounds for landlord negligence if someone gets hurt or dies:
• Lead paint • Asbestos fibers • Broken window • Lack of security measures • Defective pool drain • Nonworking smoke alarms • Electrical hazards
Quincy fire victims died in illegal apartment, BostonHerald.com, March 25, 2009
Quincy fire consumes life made anew in US, Boston.com, March 26, 2009

Related Web Resources:
Inspectional Services Department, City of Boston

Premises Liability Overview, Justia Continue reading

February 24, 2009

82-Year-Old Boston Woman Dies in MBTA Escalator Accident

by Altman & Altman

In Boston, an 82-year-old woman was pronounced dead today at Massachusetts General Hospital after falling on an escalator at the MBTA’s State Street Station. Her clothing reportedly got caught in the escalator.

According to Boston EMS spokesperson Jennifer Mehigan, a “cardiac incident” and the “escalator accident” were both factors in the elderly Boston woman’s death. As of early this afternoon, it was still unclear whether the cardiac incident occurred before or as a result of the escalator accident. Meantime, the Suffolk district attorney’s office, MBTA Transit Police, and the Massachusetts Department of Public Safety are trying to determine what caused the incident.

This is not the first accident involving an MBTA escalator. Four years ago, a 34-year-old East Boston man died at the Porter Square station when his sweatshirt hood got caught in an opening in the machinery of the escalator. The movement of the escalator caused the opening of his sweatshirt to wrap more tightly around his neck.

In 1995, a 3-year-old Cambridge boy sustained a severe gash to his leg on an MBTA escalator. In 1996, a Beacon Hill man had have his arm amputated after his coat got stuck in the State Street Station escalator.

According to the Executive Office of Public Safety, the escalator involved in today’s deadly accident underwent its last inspection last May and no problems were detected at the time. There have been no reports since then of problems with the escalator.

Escalator Accident Facts
• Thousands of people a year are treated in US emergency rooms because of escalator accidents.
• Examples of potential hazards that can lead to elevator accidents include missing teeth at the top of the escalator and screws coming out of an escalator’s side.
• Common kinds of escalator accidents include fall accidents and entrapment accidents.
• Among the elderly, slip and fall accidents and trip and fall accident are the most common kinds of injury accidents to occur on an escalator.
• Young children is another group that is at high risk of getting hurt on an escalator.

There are many reasons why escalator accidents occur. Defective or malfunctioning escalators is just one reason that escalator accidents happen.

Woman dies in MBTA escalator accident, Boston.com, February 24, 2009
Rate Of Escalator Injuries To Older Adults Has Doubled, Science Daily, March 14, 2008
Related Web Resources:
Danger On The Escalator, CBS News, February 17, 2005
Massachusetts Bay Transportation Authority
Continue reading

February 19, 2009

Massachusetts Student Files Slip and Fall Lawsuit Against City of Lynn

by Altman & Altman

In Massachusetts, a former Breed Middle School student is suing the city of Lynn for personal injury. Ralph Ozual’s slip and fall lawsuit, filed in Salem Superior Court, is seeking $100,000 in damages.

Ozual’s complaint contends that on January 14, 2002, he sustained serious personal injuries when he slipped an fell on ice and snow in the Breed Middle School yard while walking from the bus to the school entrance. As a result of the Massachusetts slip and fall accident, Ozual says he sustained permanent injuries, including traumatic injuries to his right ankle and growth plate.

The plaintiff, who was a minor at the time, says that he continues to require costly medical attention and treatment for his injuries. His Essex County slip and fall complaint claims the city of Lynn acted carelessly and negligently and was in breech of a warranty agreement when it allowed such a dangerous condition to exist on the school’s premise.

December 18, 2008

Six Massachusetts Apartment Residents Are Sent To Boston-Area Hospitals Following Exposure To Carbon Monoxide

by Altman & Altman

In Massachusetts, three children and three adults were taken to Boston-area hospitals for evaluation after a heating malfunction at their Dorchester apartment building released carbon monoxide into their rooms. The sound of carbon monoxide detectors going off prompted a fast evacuation of the premise.

The CO levels at the building was close to 10 times greater than what is considered safe. Clifford Long, who owns the property, says that a chimney that was partially blocked caused CO that was in the heating system’s exhaust to enter into the building.

The six patients displayed elevated carbon monoxide levels. Their symptoms included weakness, dizziness, and nausea.

Carbon Monoxide Poisoning
CO poisoning is the number one cause of poisoning death. Just a few minutes exposure to high levels of carbon monoxide can result in deaths. Because carbon monoxide is a colorless, odorless gas, it can be hard to know when a person has been exposed to it.

Symptoms of carbon monoxide poisoning are frequently mistaken for food poisoning or the flu, and CO can exacerbate the condition of someone who already has heart problems or respiratory illnesses. The elderly, infants, and fetuses are especially sensitive to the effects of carbon monoxide.

Premise owners and property managers are supposed to make sure that all devices on a premise that could emit CO are properly maintained and taken care of so that people do not becoming the victim of carbon monoxide poisoning. Failure to exercise this duty of care can be grounds for a Massachusetts premises liability lawsuit.

Fireplaces, water heaters, wooden stoves, gas stoves, furnaces, kerosene heaters, and blocked chimneys are just some of the devices that can end up leaking CO by accident, and the manufacturers of these products must make sure that there are no defects that can lead to CO poisoning. Injuries or death could lead to a products liability or wrongful death claim.

Carbon monoxide sends six to hospitals, Boston.com, December 17, 2008

Related Web Resources:

Carbon Monoxide Safety, Mass.gov
Carbon Monoxide Poisoning, CDC Continue reading

December 10, 2008

Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths

by Altman & Altman

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries • Drowning accidents • Fall Accidents
• Poison
Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids’ lives each year. The UN Children’s Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008
Preventable injuries kill 2000 children every day, WHO, December 10, 2008
Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008
Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF
Continue reading

December 2, 2008

Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia

by Altman & Altman

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus’ lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008
Wal-Mart death preventable, union says, CNN, November 30, 2008
Related Web Resources:

Workers’ Compensation, Justia Continue reading

October 29, 2008

8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show

by Altman & Altman

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008
DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts
‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.
Continue reading

October 23, 2008

Mother of Medford Cheerleader Sues Tewskbury Gym for Wrongful Death in Massachusetts

by Altman & Altman

A Medford mother is suing East Elite Cheer Gym for her daughter’s 2005 wrongful death. Ashley Burns, then 14, died from a lacerated spleen after she fell during a routine cheerleading stunt at the gym.

Ashley was taking cheerleading lessons at the gym, along with other members of the Medford High School cheerleading team when the accident happened. According to Ruth Burns’s Massachusetts wrongful death lawsuit, filed in Middlesex Superior Court, her daughter fell while attempting to perform a double twist dismount while being “popped up” by two other cheerleaders.

Ashley was Ruth’s only child. Ruth says that she continues to take medication and is unable to work because of Ashley’s death.