Premises Liability

August 12, 2014

Why returning to work after an injury may be a hassle, according to GENEX study

Last year more than three million American employees experience a work-related injury. For employers this represented around $1 billion per week, in addition to the employees’ social costs. Aside from the financial loses, employees may also be face other disadvantages because of their injuries: if employees are off work for more than six months, they have less than a 50% chance of returning to the workforce. It is an imperative then to establish effective measures to aid employees return to work.

Instituting official return-to-work programs has proven a successful strategy in many private organizations. Firms with RTW programs are 1.4 times faster than those without one in returning the employee to work. That translates into about 3-4 weeks of a time difference. However, in spite of the advantages, not all firms –especially small ones –possess an established RTW program.

Even with an official RTW program in place, employers often face barriers to provide effective, immediate care. According to GEXEX Services, LLC, one of the nation’s largest providers of managed care services, these are the top five barriers return-to-work programs face:
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August 7, 2014

Whale-watching boat breaks down; tourists forced to spend a night at sea

by Altman & Altman

A popular whale-watching boat escapade turned into a sea nightmare for many Boston tourists. On July 29th the Cetacea, an 83-foot-long whale-watching boat run by Boston Harbor Cruises, abruptly stopped about 13 miles off the Boston Long Wharf shore, when a 7-inch liquid natural gas cable wrapped around one of its propellers. Unable to be mobilized back to land, the tourists had to spend the night at sea on plain air, while diver teams detangled the cable.

Although no injuries were reported, around twenty of the 163 passengers became seasick during the 17-hour-long ordeal. They also had to endure a chilly Boston night, since the boat had only a limited number of blankets available, forcing some passengers to use trash bags as ponchos. The boat had also limited amounts of food, only chips and snacks, which the crew gave out to the passengers. It was not until hours later that the Coast Guard came to rescue with blankets and paramedics.

The Coast Guard and the boat captain determined it unsafe to transport passengers back to land on another vessel, since the ocean was too rough that night.

The limited resources on the boat and the lagging communication between the crew and the tour company made some passengers question the company’s boat safety regulations.

“I am legitimately concerned about the safety planning,” Passenger Stuart Raifman, 66, told the Boston Globe. “I don’t think there was a plan, and if there was one, I don’t think it worked very well.”
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August 7, 2014

Teenage girl raped at Keith Urban concert

by Altman & Altman

Two Saturdays ago at the Xfinity Center in Mansfield, amidst a roaring crowd, the permeating smell of alcohol, the blazing lights and the blasting sounds of country music singer Keith Urban, a 17-year-old girl endured a painful traumatic event: rape. According to police reports, the event took place in the front lawn of the venue, in plain view of onlookers, most of who just watched. Some even filmed the rape on their phones.

According to a Mansfield Police statement, officers were not aware of the situation until a witness approached them. She had asked the victim, who was lying on the ground, whether the act was consensual. The girl allegedly told the witness it wasn’t. The girl then broke free of the attacker, and fled into the crowd. Sean Murphy, 18, of West Roxbury was arrested and charged with sexual assault, and released two days later on bail. He has pleaded not guilty.

Also at this concert, 22 people ended up hospitalized for alcohol poisoning, 50 underage drinkers were taken into protective custody, and many more were treated for injuries and arrested for public intoxication.

Though large public events that permit alcohol consumption are not unheard of, especially during the summer months, rape is inexcusable. What could have been done to prevent the assault? To start with, the security measures for large events need to be re-evaluated. Where were the officers and security team to bring order into large, drinking crowds? At the July 26th concert, an estimated 18,000 attendees filled the Xfinity Center on that night alone. If the Xfnity Center can hold such a sizable crowd, it should also have an equally sizable and efficient security measures than the ones currently in place. Yet the police department in Mansfield had trouble responding to the demands of the large crowd, at the cost of preventing rape.

“We were very busy with a lot of things going on not the least of which was taking care of the (rape) victim,” Police Chief Ronald Sellon said to the Boston Herald.
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May 14, 2014

With Prom and Graduation Season in Full Force, We’re Sending A Reminder to Parents to Host Parties Responsibly

by Altman & Altman

With the school year wrapping up and prom season still in full force, we would like to remind all parents who are hosting get-togethers for both underage and of-age guests to be aware of the law and host gatherings responsibility.

Whether you’re hosting an after-prom party, graduation party, barbeque, or any kind of social get-together where alcohol is being served, you, as the host, bare a huge responsibility for your guests and their safety. Massachusetts Social Host Liability Law is an extremely important subject, because what many people do not realize is that the actions of their guests, even after a guest has left the party, may fall under the responsibility of the host.

Massachusetts Social Host Liability Law

According to Massachusetts’ law a social host is considered anyone who provides alcohol to a guest as an act of hospitality without exchanging money. Additionally, a social host is considered someone who also allows a guest to consume alcohol on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls.

Under Massachusetts Social Host Liability Law, a social host assumes liability for all injuries sustained by the guest or caused by the guest who was served alcohol. Injuries most often result from [the most common type of] accident: drunk driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and ends up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.
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April 30, 2014

Student Says She Was Victim of Massachusetts Sexual Assault at Curry College in Milton

by Altman & Altman

A female student at Curry College says she was the victim of a Massachusetts sex crime that took place on campus. The incident allegedly occurred in a dorm building. Her assailant has not been identified but police are investigating the matter.

Curry College is just one of a number of Massachusetts schools in the media spotlight because of sexual assaults on college campuses. Just this week the US Department of Investigation announced that it is investigating 55 colleges and schools to determine whether they illegally handled complaints involving sexual harassment and violence. Schools in this state that are part of the probe: Boston University, Amherst College, University of Massachusetts- Amherst, Emerson College, Harvard College and Harvard University-Law School.

Already, the Department of Education has said that Tufts University did not comply with rules about how to deal with sexual assault. Meantime, both Emerson College and Harvard University are accused of creating hostile environments for sexual assault victims.

April 22, 2014

Boston Marathon Spectator Plunges At Least 15 Feet in Newton, MA Balcony Fall

by Altman & Altman

A woman was rushed to Beth Israel Deaconess Medical Center on Monday after she fell at least 15 feet from a second-floor balcony while watching the Boston Marathon. Authorities say that the railing broke, which caused the Newton, Massachusetts balcony fall accident.

Massachusetts Balcony Falls
Unfortunately, falls from balconies are not uncommon-especially in urban areas in the United States. According to data analyzed in 2009 from the National Electronic Injury Surveillance System of the US Consumer Product Safety Commission, between 1990 through 2006 there were about 86,500 balcony fall injuries that required hospital attention. Fall heights varied from as low as 5 feet to up to nearly 88 feet. Structural failure was a factor in about 5,600 cases.

At Altman & Altman, LLP, Boston balcony accident lawyers represent victims and their families with Massachusetts premises liability claims against property owners, as well as against other parties that may have played a role in allowing the balcony incident to happen.

Balcony falls can lead to serious injuries and death. Common causes may include structural issues, rail defects, undetected rot (if the balconies are made of wood), rusted or weakened bolts, inadequate railing (for example: a rail that isn’t high enough to protect children from falling), and building code violations.

Balcony falls can also happen if the structure becomes overcrowded or if drinking is involved and the host or premise owner failed to provide proper supervision. A physical altercations on balconies may also lead to a fall, which could be grounds not just for a Boston personal injury case but also criminal charges (even if the accident was caused unintentionally).

Examples of common balcony injuries: head trauma, traumatic brain injury, broken bones, and spinal cord injury. Recovery may take a long time and there may be permanent injuries and disabilities requiring not only costly medical attention but also long-term professional care.

Spectator injured when balcony railing gives way, The Boston Globe, April 21, 2014

Epidemiology of balcony fall-related injuries, United States, 1990-2006., PubMed.gov, February 9, 2011

More Blog Posts:
Experts Warn Many Backyard Decks can Collapse, Boston Injury Lawyer Blog, April 4, 2014

OSHA Announces National Events for Fall Prevention in Construction, Massachusetts Workers’ Compensation Lawyer Blog, March 31, 2014

Harsh Winters Up the Risks of Massachusetts Slip and Fall Accidents, Fractures, and Not Just For The Elderly, Boston Injury Lawyer Blog, February 18, 2014 Continue reading

April 4, 2014

Experts Warn Many Backyard Decks can Collapse

by Altman & Altman

As the weather finally begins to warm up after an especially brutal winter, families are eager to get outside and enjoy the milder spring on their decks. However, home inspection experts warn that of the two million decks that are built and replaced every year, only about 40% are actually safe. Deck collapses, especially those which are high off the ground, can lead to serious injuries and death.

As with so many tragic injury cases, most deck collapses are completely preventable. Eric Kent, co-owner of Archadeck of Charlotte, a company that specializes in building decks and porches, explains that most deck accidents result from improper attachment to the house or building. Weaker decks are commonly attached using a regular bolt, which can slide easily through wood, causing the deck to collapse. Instead, Kent suggests a “thru bolt” which is a “large, galvanized bolt that literally runs through the exterior wall of a house and into the deck supports.”

In addition to the contractors installing the deck, homeowners have a huge responsibility to inspect their decks frequently. A thorough inspection starts with checking for cracks and splits around the nuts and bolts, and also includes the wood and the railings. Eric Kent warns that springiness and mold are the first signs of rot, severely weakening the strength of the structure and increasing the risk of collapse exponentially. After the long winter, deck boards can feel damp and soft, even breaking apart to the touch. Imagine loading 15 family members and friends onto a structure that could disintegrate in seconds.
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April 1, 2014

Settlement Reached in MA Child’s Escalator Death

by Altman & Altman

A normal day at the Auburn Mall in March of 2011 turned into a scene that will play over and over in the minds of Mark DiBona’s parents for many years. Four-year-old Mark was riding the escalator in Sears when he slipped through a space between the railing and the escalator and fell 18 feet on to the top of a displace case on a lower floor. The young boy sustained serious head injuries and passed away the next day.

The DiBona family was devastated by the loss and filed suit against Sears, Simon Property Group Inc., Schindler Elevator Corp. and Botany Bay Construction, according to CBS Boston. According to their lawyer, the family finds all four companies were negligent and were responsible for the death and suffering of their beloved little boy. The family claimed the escalator was in “dangerous and defective” condition and was in “violation of state building codes, escalator safety standards and the industry standards established by the American Society of Mechanical Engineers (CBS Boston).”
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March 26, 2014

Nurse Awarded $500,000 for Injuries Sustained in Slip and Fall Accident

by Altman & Altman

A female nurse who was injured while working for the Rhode Island Veterans Home was awarded a $500,000 verdict against the state of Rhode Island last week.

Victoria Roach was seriously injured when she slipped and fell on soapy water or cleaning fluid that had not been cleaned up on her patient’s bathroom floor. At the time of her fall she was disposing of a small amount of liquid used in administering medication to the totally disabled patient.

According to court documents, Roach’s lawyers presented evidence that the spilled liquid on the bathroom floor was not properly cleaned up by one of the certified nursing assistants who had visited the patient prior to Roach. It was his or her responsibility to do so, and their negligence led to Roach’s fall and subsequent injury. Roach suffered from a torn anterior cruciate ligament (a knee ligament) as well as a torn meniscus (cartilage), which resulted in her having to undergo reparative knee surgery. Roach was unable to return to work for an extended period of time resulting in lost wages.

SLIP AND FALL ACCIDENTS

Slip, trip, and fall accidents can happen anywhere and often result in painful or debilitating injuries, including serious bruising, broken bones, hip displacement, back and spinal cord injuries, and head and brain injuries. Most commonly, slip and fall accidents are the result of another’s negligence; improper maintenance, uneven and damaged flooring or stair railing, a missing step, inadequate lighting, as well as liquid or debris on a floor.

When a person is injured in a slip and fall accident, immediate worries of victims turn to who is responsible for paying for medical attention, long-term disability care, and even lost wages if the injury prevents the victim from returning back to work.
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March 12, 2014

2 Bruins Fans Injured at TD Garden

by Altman & Altman

Two women were injured at the TD Garden last week after being hit by protective netting.

The accident occurred when the netting, which is designed to protect fans from flying pucks, was being raised at the end of the game. The women were struck by the net’s metal frame. Though the women did not suffer life-threatening injuries, they were both taken to Mass General Hospital for treatment of serious injuries.

When are stadiums and arenas responsible for injuries to fans?

Millions of people visit stadiums and arenas every year to attend sporting events, concerts, and other spectator shows, and while these events are often fun and memorable, they can also be dangerous.

Because injuries at these events are almost inevitable, many owners and managing companies seek to mitigate these risks by adding a printed disclaimer to each event ticket. A disclaimer is essentially a waiver of legal responsibility for the venue whereby the purchaser understands the risk for injury and assumes accountability should he or she be hurt during an event. In addition to a printed disclaimer, venues who regularly host events, especially sporting venues, are outfitted with protective equipment to prevent spectator injury. At the TD Garden, the protective netting is designed to block pucks from flying into the spectator crowd.
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