Premises Liability

September 18, 2008

Rock Band Great White To Pay Injury Victims Of 2003 Club Fire $1 Million

Five years after a pyrotechnics display at a nightclub killed 100 people during a rock concert, the Great White band has reached a $1 million settlement agreement with survivors and victims families. Over 200 people were injured in the fatal fire. Great White band member Ty Longley also died in the blaze, which has been called the 4th worst nightclub blaze in US history.

The fire broke out at The Station, a Rhode Island nightclub, when band tour manager Daniel Biechele ignited pyrotechnics at the start of the concert. The packaging foam used by the club to soundproof around the stage caught on fire. Biechele pleaded guilty to 100 counts of involuntary manslaughter, as did nightclub owners Jeffrey and Michael Derderian.

Dozens of plaintiffs have been named as defendants in lawsuits filed by fire victims and family members.

July 29, 2008

Brookfield Family of Teenager that Sustained Burn Injuries During July 4 Fireworks Says Walker Pond Association Did Not Run Exhibit Professionally

by Altman & Altman

The Massachusetts family of Sean Lavalle, the Brookfield teenager who sustained second- and third-degree burn injuries on his right thigh during a 4th of July fireworks event at the beach on Walker Pond says that the exhibit, held by the Walker Pond Association, was handled by nonprofessionals.

Lavalle and his parents David and Brenda Brown says that friends invited them to attend the July 4 event, which is an advertised event that has taken place on the at Walker Pond for the past several years. Some 200 people were at the event.

According to David Brown, one of the men in charge of lighting the fireworks was drinking beer while igniting the explosives. At one point, the man reportedly stumbled, dropping the road flare he was using to light the fireworks onto a batch of explosives. It was at this point, Brown says, that one of the explosives flew up one of Sean’s pant legs.

Brown took Sean, who was on fire, to the pond to extinguish the flames. He says that he and his wife asked people to call 911, but most people ignored their requests. Sean was eventually transported by golf cart to the parking lot, where his wounds were treated, before he was taken to UMass Memorial Medical Center. Brown says that the Association restarted the fireworks display before Sean left for the hospital.

Sean has already undergone several (and there will likely be more) skin graft procedures. Police that are conducting the investigation say Walker Pond Association has not been very helpful. Law enforcement officers also say that there is no record showing that Walker Pond Association obtained the license that is required to hold a fireworks event.

Family not getting satisfaction after Fourth of July accident, Telegram.com, July 28, 2008
Fireworks-Related Injuries, CDC.gov

Related Web Resource:

Massachusetts Fireworks Laws
Continue reading

July 15, 2008

Taunton Nursing Home Residents and Workers Sent to Hospitals After Exposure to Carbon Monoxide

by Altman & Altman

In Massachusetts, 38 elderly residents and eight workers at the Taunton Nursing Home complex were sent to local hospitals after high levels of carbon monoxide was found in the building.

Firefighters had to removed approximately 80 people from the building, evacuating the home’s north and old wings. Fire Chief Leman W. Padelford said that carbon monoxide sensors detected levels of CO of up to 120 parts per million, which is a high level of potentially fatal gas. A normal reading is below 10 parts per million. The source of the gas is under investigation.

Nursing Home Administrator Chuck Crush says that he thinks the gas came from a generator on the property that automatically kicked in when a power failure affected the city and that several air conditioners may have sucked in the carbon monoxide.

Carbon Monoxide Poisoning
CO is a gas without color or odor. It is the number one cause of accidental poisoning deaths in the US and is called the “Silent Killer.”

According to the CDC, some 15,000 are hospitalized each year and about 500 people are killed because of exposure to carbon monoxide. Signs of carbon monoxide poisoning include fatigue, nausea, and headaches. Exposure to CO for a long time can result in brain damage and death.

Common Scenarios Where People Risk Exposure to CO:

• Using generators or heating sources when the power is out • Backdraft from a boat • Riding in the back of an enclosed pickup truck • Working at the scene of a fire • Working with combustible gases or combustion engines in an inside setting
Dozens taken to hospitals after Taunton carbon monoxide incident, Boston.com, July 15, 2008
Carbon Monoxide Poisoning, Emedicinehealth.com

Related Web Resources:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Indoor Air Quality
Carbon Monoxide Poisoning, CDC Continue reading

March 24, 2008

Oprah Winfrey Show Audience Member Sues Harpo Productions For Fall Accident

by Altman & Altman

Orit Greenberg, an audience member at a taping of the “Oprah Winfrey Show” on December 5, 2006, is suing Harpo Studios for personal injury.

Greenberg says that she suffered serious and permanent injuries when she fell down a flight of stairs during a mad rush by audience members to secure the best seats.

Greenberg is asking for $50,000 in damages. She says that Harpo Studios neglected to control audience members, who were told that they could sit wherever they wanted. The patrons, who had been in a waiting area, “rushed the gate” and pushed and shoved inro each other as they entered the studio.

March 10, 2008

Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries

by Altman & Altman

A Connecticut woman is considering filing a personal injury lawsuit for the chemical burn injuries she says that her children sustained while swimming at CoCo Key Water Resort, a Danvers, Massachusetts water park.

Kristen Baker says that her daughter Emily, 9, and son Austin, 11, experienced blisters, rashes, skin burns, and breathing problems after a visit to the resort during a chaperoned girl scout trip. She attributes the injuries to the high levels of chlorine that the children were allegedly exposed to while at the 65,000 square foot indoor park.

Southern New Hampshire Medical Center diagnosed that the kids had chemical burns. Out of the 14 kids that took part in the Girl Scout trip, 12 say they experienced chemical burns.

The resort closed last week after a number of visitors, in addition to Baker’s kids, complained of similar symptoms. Massachusetts public health officials found that the level of chlorine in the water used by the park was 10 to 20 times higher than the minimum requirement. They also found that the park lacked the necessary equipment to test how much chlorine was in the water and that one of the park’s hot tubs lacked a thermometer.

Premise owners are obligated to make sure that their properties are safe for visitors, residents, and patrons. When a hazardous condition exists on a premise that results in human injuries or death, the injured parties can claim damages by filing a premises liability or another type of personal injury claim or lawsuit.

The park will not be reopened until it passes a retest.

Chlorine Exposure
Chlorine is often used as a water purifier and is found in pools and water rides. Exposure to high levels of chlorine, however, can result in injuries, including:

• Coughing • Dizziness • Nausea • Problems breathing • Bluish skin coloring • Chemical burns • Blisters or swelling to the skin • Burning eyes • Severe eye pain • Blurred vision • Burning sensation in the throat • Tissue injury • Vomiting • Pneumonia • Lung collapse
Water-resort injuries may lead to lawsuit, Nashuatelegraph.com, March 7, 2008

Related Web Resources:

CoCo Key Water Resort

Significance of Chlorine in the United States, EPI.state.nc.us
Chlorine, CDC.gov Continue reading

January 11, 2008

Middlesex Superior Court Judge Sues Massachusetts and Norfolk County for Slip and Fall Accident

by Altman & Altman

In Massachusetts, Middlesex Superior Court Judge Paul Chernoff is suing the state of Massachusetts and Norfolk County for the injuries he sustained when he slipped and fell on the steps of the Norfolk County Courthouse in Lowell in 2004. The commonwealth of Massachusetts, the Norfolk County Commission, and the Division of Capital Asset Management were named as the parties held liable for not making sure that the building was maintained properly.

In his lawsuit, Chernoff alleges that his slip and fall accident occurred because the county and the state did not repair the cracks in the steps of the court building or add handrails. As a result of the unsafe conditions, Chernoff says that he slipped and broke his left kneecap. Since Chernoff’s accident, new handrails have been added to the staircase.

Slip and Fall Accidents

December 20, 2007

Massachusetts Jury Awards Family $6.1 Million Wrongful Death Verdict In Gillette Stadium Metal Gate Lawsuit

by Altman & Altman

The family of Cape Cod, Massachusetts resident Thomas Kelly was awarded $6.1 in the wrongful death lawsuit against Foxboro Realty Associates, Standard Parking, and Apollo Security. A Suffolk Superior Court jury awarded the $4.4 million judgment on Tuesday. With interest, the total could reach $6.1 million. The judgment will be shared between Kelly’s two sons and his wife.

Thomas Kelly, 64, was a retired high school English teacher who died in 2003 when the bus he was riding in was struck by a 300-pound gate at the Gillette Stadium Parking Lot in Foxboro. The gate slammed into the bus after being blown by a gust of strong wind. Its 8-inch double shafted pole smashed into the bus’s windshield and shot diagonally across the aisle.

The gate pierced the side of the bus and injured six people, including Kelly. He and two others were pinned by the pole. He broke his right leg and mangled his left one. Kelly underwent a number of surgeries and died from his injuries a few weeks later.

October 18, 2007

Boston University Steps Up Campus Security After Dorm Rape

by Altman & Altman

Boston University is increasing security measures following a rape that occurred in the Warren Towers campus dorm on September 30. The rape victim was a guest of one of the students living on the all-women floor of the co-ed dorm. She says she was raped in one of the dorm’s bathroom stalls.

Boston University Police (BUPD) is now conducting random security patrols of Warren Towers and other large dorm units on campus.

The owners and managers of public and private properties, including dorm buildings, college campuses, nightclubs, hospitals, banks, parking lots, shopping malls, coffee shops, and office buildings, are legally obligated to provide adequate and proper security if they know that people will live, visit, or do business on a premise. Failure to do so can be grounds for personal injury or wrongful death liability if a crime occurs on the premise and someone is injured or killed.

The National Center for Victims of Crime says one out of every four women in college either has been raped or was nearly raped. Many rape incidents go unreported.

2003 Rape Statistics on US Campuses:

• 2581 people were victims of forcible sexual offenses on campus • 1808 people were sexually assaulted in campus residence halls • 367 students were sexually assaulted off-campus
In Massachusetts, if a person is raped, robbed, or physically assaulted on a premise by a third party because the property owner or manager did not provide the proper security that could have prevented the crime from occurring, the property owner or manager could be held legally responsible.

Other grounds for premises liability claims and lawsuits include slip and fall accidents, falling merchandise injuries, and exposure to toxic or hazardous substances.

Police have no leads in sexual assault case, The Daily Free Press, October 16, 2007
Rape in BU dorm leads to heightened school security, WHDH.com, October 2, 2007
Forcible Sex Offenses, US Department of Education

Relatd Web Resources:

Rape on Campus, Rapis.org
Warren Towers, Boston University Continue reading

September 4, 2007

Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental

by Altman & Altman

Authorities and investigators for Massachusetts and Essex County have determined that the death of 11-year-old Timothy DiLeo at Tenney Grammar School in Methuen was an accident. No criminal charges will therefore be filed in the case. DiLeo died after a heavy metal gate fell on him. His 8-year-old brother, Andrew, was also injured by the gate collapse. Brandon LaPorte, 13, suffered minor injuries to his leg, and Steven DiLeo, 13, who was also involved in the accident, was not hurt.

If there is evidence to prove that someone acted negligently to create the condition that turned the school into an unsafe premise, DiLeo’s family good have grounds to file wrongful death claim and a personal injury claim against Tenney Grammar school and/or any other negligent parties.

Investigators say the gate was leaning against a wall and not securely attached on its hinge. It had been placed in the area where large garbage containers are stored. The gate fell when two of the boys tried to climb it.

Under premises liability law, the owner of a property must take reasonable action to ensure that the property is in a reasonably safe condition so that no one is injured or killed. A property owner is also legally obligated to warn people of any conditions on a premise that could render a property unsafe-even if only temporarily.

Falling merchandise or objects, dog attacks, defective or dangerous conditions on a premise, inadequate security, and any conditions leading to slip and fall accidents are just some of the reasons that a personal injury claim or lawsuit can be brought against the liable party. The reason that an injured person was on the property to begin with may/may not affect whether or not the injured victim has grounds to file a premises liability claim.

Children and Premise Liability Cases

If a property owner knows that a child could likely enter a premise-whether or not he or she entered the property with permission-the landlord or landowner is still obligated to have taken steps to ensure that the place is safe enough so that children are not injured or killed.

No charges to be filed in Methuen fence collapse fatality, Boston.com, September 4, 2007
Death of Methuen boy ruled an accident, Examiner.com, September 4, 2007

Related Web Resources:

Methuen Public Schools

Premise Liability News, Justia Continue reading