Premises Liability

September 26, 2013

18-Year-Old Injured in Fall Accident Through Skylight in Fraternity House at MIT

According to Boston Fire Department officials, an 18-year-old man sustained injuries when he fell through the skylight of the Phi Sigma Kappa fraternity at MIT. The drop to the first-floor staircase where he landed four stories. Police say that the man suffered injuries.

Since the Cambridge, Massachusetts fall accident, there have been reports that the man may have been jumping on the Plexiglas dome over the skylight when he fell through. However, the fraternity received a citation for its “illegal rooftop deck.” According to one fraternity news site, MIT’s Phi Sigma Kappa has advertised parties on that deck before.

Fall Accidents

September 9, 2013

Stadium safety issues emerge again after fan is killed at 49ers game

by Altman & Altman

Tragedy struck the sports world yet again this weekend, as another fan fell to his death while leaving a football stadium in California.

The man, whose name has not yet been released, fell on Sunday afternoon from the elevated Jamestown walkway that travels around Candlestick Park, where the San Francisco 49ers and Green Bay Packers were playing.

Off-duty paramedics and police offers tried to help the man, but the man had already passed. Initial eyewitness reports indicated that the man was intoxicated at the time of the incident, though investigators are still trying to determine what caused the man to fall.

Fan safety has been a very important topic in professional sports, as fan injuries have become more and more prevalent at sports stadiums. Also this weekend, some rowdy fans from the University of Maryland were injured after a section of bleachers collapsed at Ludwig Field during a soccer match against Duke. Last month a 30-year old Atlanta Braves fan died during a baseball game at Turner Field when he fell nearly 70 feet from the upper viewing deck.

Premises Liability Cases

When incidents like this occur, the first questions people usually ask are “Why did this happen?” and “Who is responsible?” People are also concerned about how the incident could have been prevented and how future similar incidents could be prevented. Referring back to an earlier blog we posted about fan injuries in stadiums, there are several things that can explain the legal responsibility a stadium owner has to a fan that has been injured while at the vicinity.

Owners and managing companies of these large stadiums are fully aware of the types of risks posed to individuals who visit their establishments, and often tickets to sporting events or concerts are printed with a disclaimer and assumption of potential risk statement. These statements essentially mean that by purchasing the ticket, the guest understands the risk for injury and assumes responsibility should he or she be injured at the stadium. The statements also relieve the stadium’s owners or managers from assuming legal liability for the injured person.
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August 21, 2013

Widow Files $10M Massachusetts Wrongful Death Lawsuit Against the New England Patriots

by Altman & Altman

The woman whose husband suffered a fatal cardiac arrest in the stands during a New England Patriots game is suing the football team, the National Football League, and others for her husband’s Massachusetts wrongful death. Kimberly Chartier claims that her husband, Jeff, went into cardiac distress after an altercation with a security guard at Gillette Stadium.

The plaintiff believes that the guard, Arthur Sherman, behaved inappropriately and had no reason to confront her Jeff, 40, and their son Tedy, 6. She is calling the interactions “antagonistic.”

Chartier contends that the Guard’s behavior and the events involving the interaction are because the other defendants were institutionally negligent and did not properly train or supervise Sherman. The Massachusetts wrongful death case, submitted in Hampden Superior Court, accuses the other defendants of not providing “safe…competent” security at the stadium, not properly coordinating and communicating about security and safety policies, and neglecting to create a safe environment for patrons. She is asking that her husband’s next of kin receive damages for his death, including income, protection, services, assistance, care, society, guidance, companionship, advice, and counsel lost. He also leaves behind their daughter Amber.

August 15, 2013

When Hosting a Party, Remember to Serve Responsibly

by Altman & Altman

With summer still in full force, we would like to remind you to be responsible when hosting get-togethers this season. Whether you’re hosting a graduation party, barbeque, or any kind of social get-together where alcohol is being served, you bare a huge responsibility to 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.

What is Massachusetts Social Host Liability Law?

In Massachusetts, a social host is anyone who provides alcohol to a guest, as an act of hospitality without exchanging money. A social host is also considered someone who not only provides alcohol for his or her guests, but 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 law, by furnishing alcohol and permitting guests to consume it on his or her property, the host assumes liability. Hosts are not always adults, and can include minors as well.

According to Massachusetts Social Host Liability Law, liability includes all injuries caused by alcohol by both the person who caused the accident as well as the person who served the alcohol. The most common type of accident is 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 winds up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.

Social Host Liability Law and Minors

Massachusetts is very clear about laws on underage drinking. Anyone under the age of 21 is not allowed to consume alcohol. Period. As a parent, it may be tempting to allow your underage son or daughter to have friends over for a party, especially during prom or graduation season, or if your son or daughter is home from college. Taking the keys and requiring guests to sleepover is not the way to prevent minors from getting hurt because of alcohol. Even if a minor injures him or herself without driving, you are still responsible for providing a place to consume alcohol, condoning its consumption, and supplying the beverages. Under Massachusetts General Laws, Chapter 138, Section 34, any person who supplies alcohol to a person under 21 is subject to a $2,000 fine and faces up to a year of imprisonment.

A common concern many parents with teenagers have is what to do if their underage child has a party while they’re not at home. There is potential that the parents can be held responsible, whether or not a guest is injured. However, Massachusetts law does not attach civil liability if the parents of the accused minor did not supply the alcohol that was consumed. Simply put, a parent who supplied the alcohol that was consumed at the underage party is liable, whether knowingly or unknowingly, is responsible. However a parent who did not supply the alcohol at the party (if for instance the minors brought his/her own alcohol), and had no knowledge of the party, would not be held liable. Another issue to be aware of is that you may be civilly liable if your underage child drinks at another person’s house and then injures someone, under the circumstance that you previously gave either explicit or tacit permission for them to consume
alcohol at someone else’s party.
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July 31, 2013

Beverly, MA Widow Files Wrongful Death Lawsuit Against USA Triathlon

by Altman & Altman

Cheryl Angelo is suing USA Triathlon in her husband’s drowning death. Richard Angelo, 53, died last summer while taking part in the event in Vermont. Now, Cheryl is seeking $1 million from the organizers of the event.

According to her wrongful death complaint, Richard went into medical distress while swimming at the event, which took place in Lake Champlain in Vermont on August 18, 2012. He was taken to the hospital after rescue crews discovered him in the water. An autopsy report states that the 53-year-old drowned.

Now, Cheryl is contending that USA Triathlon was negligent in how it ran the athletic event, did not properly supervise the swim, and lacked sufficient lifeguards, trained staff or adequate lifesaving equipment. She says that her husband was seen going off course during the event and while rescue personnel tried to redirect him, that was all they did.

July 17, 2013

When Are Stadiums and Arenas Responsible for Injuries to Fans?

by Altman & Altman

Each year millions of Americans go to stadiums to attend sports games, concerts, and other spectator events. While events such as baseball games, hockey games, races, and concerts can be fun and memorable, there are instances when these experiences may turn into dangerous situations and put spectators at risk for serious injury and even death.

Owners and managing companies of these large venues are well aware of the risks posed to visitors of their establishments, and to counter the risk of legal liability for injuries visitors may sustain, most tickets (whether for sports events or other spectator events) are printed with a disclaimer and an assumption of potential risk statement. Essentially these statements waive legal responsibility for the venue, and in purchasing the ticket the patron understands the risk for injury and assumes accountability should he or she be injured during the event.

In addition to the precautionary disclaimer on tickets, venues that regularly host sporting events such as baseballs games or hockey games are outfitted with protective equipment to prevent spectator injury. At Fenway Park for example, there is a protective net behind home plate and surrounding sections to protect fans from wild pitches and foul balls. And at the Bruin’s home ice rink at the TD Garden, there is protective glass as well as netting surrounding the ice to shield spectators from flying hockey pucks.

Though the ticket disclaimers as well as preventative measures serve to protect venues from legal responsibility should someone be seriously injured, and courts typically disregard personal injury claims because of that rule, there are some exceptions. Personal injury and negligence claims may be filed if an injured party can prove that the owners of the sports stadium or entertainment venue did not take adequate measures to keep them safe. An example of a premises liability situation that does not fall under the “assumption of risk” disclaimer could include a faulty railing or broken steps that cause a fan to fall and become injured because of faulty property maintenance.
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June 28, 2013

Red Sox Fan Awarded $4.3 Million in Liquor-Premises Liability Case

by Altman & Altman

A Boston Red Sox fan who was harassed and stabbed by a New York Yankees fan at a restaurant in 2010, has been awarded $4.3 million by a jury.

The New Haven jury reached its verdict on Thursday, siding with the victim Monte Freire, and against the U.S.S. Chowder Pot III. Bartenders apparently ignored warnings by Freire and other guests that the Yankees fan, identified as John Mayor, was harassing patrons and trying to start a fight, and continued to serve Mayor more alcohol.

Freire, 45, suffered life-altering injuries including a brain injury, stroke, impaired speech and vision, as well as severe scarring when he was stabbed in the neck by Mayor. Mayor was arrested and convicted of assault and is now serving a 10-year prison sentence.

According to the restaurant’s attorney, Jan Trendowski, Chowder Pot plans to appeal the verdict. Trendowski cited that the bartenders were aware that Mayor was being disruptive and a “jerk” to other patrons, but did not decide to cut him off from being served. Mayor had told Freire and his friends that because of their accents, he assumed they were Boston fans, and that the bar was strictly Yankees territory and they were unwelcome there. Mayor allegedly continued to provoke the group of men and subsequently attacked Freire.

Two types of cases are present in this situation: a criminal case against Mayor, and a liquor liability case against the restaurant, U.S.S. Chowder Pot III. Liquor liability or dram shop cases apply to any establishment that sells and serves alcoholic beverages: bars, nightclubs, restaurants, social clubs, country clubs, liquor stores, and even individuals who serve alcohol to guests at a private party. Under Massachusetts law proprietors and social hosts are required to discontinue serving or selling individuals alcohol if they are visibly intoxicated. Those who violate this law are subject to civil liability should the intoxicated person(s) injures himself or another individual.
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June 10, 2013

Child Brought to Hospital after Ceiling Collapse in Lynn, MA

by Altman & Altman

A 12-year old child was hospitalized on Saturday night after a 6-by-6 foot piece of plaster from a section of a city apartment’s ceiling collapsed.

Authorities believe that the heavy rainfall from both Friday and Saturday is to blame. According to officials, water got into both the insulation and plaster in the third floor unit of the building, causing the ceiling to become waterlogged and eventually collapse.

The city building inspector responded to the scene to examine the whether the premises was up to code. The case is still being investigated.

Building codes are adopted to protect innocent tenants, guests, and employees from dangerous situations. Their purpose is to safeguard the public by making sure that buildings are sound and properly constructed, have adequate means of exit in the event of a fire, and are otherwise sufficiently safe and sanitary.

When building codes are violated or ignored, they can leave individuals seriously hurt; as was the case on Saturday night. By Massachusetts’s law, landlords are required to properly maintain their properties so that there are no unsafe conditions, and premises liability law holds landlords accountable when they neglect their responsibilities, and a person becomes injured or dies as a result.

As a tenant, your landlord is responsible for maintaining places such as common areas as well as areas where a landlord has exclusive control. Common areas include building entrances, lobbies, hallways and stairwells. Places such as rooftops, foundations, and other types of structural areas are considered places where the landlord has exclusive control and their maintenance falls under the direct responsibility of the property’s owner. Landlords need to take reasonable care of their properties and ensure that they are not only in good/working condition but also that they are sanitary and do not pose a major health threat. Examples of health and sanitary violations include mold, infestations of mice, termites or other insects that can compromise a tenant’s health. Additionally, landlords are liable for any necessary repairs to structural areas on their properties.
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June 4, 2013

Two MA Toddlers Seriously Injured after Window Falls

by Altman & Altman

Two children were hospitalized after falling out of second story windows in Plymouth and Wellesley this weekend.

In Wellesley, an 18-month old fell through a screen from a second story window and onto a deck below around 4:10 p.m. Sunday afternoon. She was taken to a Boston hospital as a precaution, but did not suffer any life-threatening injuries. Another 2-year old girl fell out from the second floor window of a residence in Plymouth, around 7:30 p.m. Sunday evening. She was airlifted to Tufts Medical Center in Boston and was listed in serious condition.
With the arrival of warmer weather, residents around Massachusetts are beginning to open their windows to let the fresh air in. Unfortunately the pleasant feeling of fresh air may turn tragic, especially in households with small children. Nearly 4,000 children are injured and more than a dozen children under the age of 10 die each year in the United States from window falls, according to Boston Children’s Hospital. Window falls are most often caused when children push themselves against the screen of an open window, resulting in the screen to give way, and the child to suddenly fall. Fortunately, there are ways for parents and caregivers to protect their children from falling out of windows.

Simple Tips to Prevent Window Falls

• Open windows from the top, instead of the bottom.
• Lock all unopened doors and windows.
• Keep furniture, beds and anything a child may climb on away from windows.
• Install child safety guards on windows.
• Always, always, always supervise children-especially in rooms with windows that are opened.

About Child Window Safety Guards

Child safety guards are usually made of aluminum or steel bars with a maximum of four-inch spacing. They are installed into the window frame and designed to withstand 150 pounds of pressure, but they may not be strong enough to keep a child from falling out. Another type of guard that may be temporarily installed is an operable window guards which are releasable and removable from the inside, without the use of tools, keys or excessive force. For windows that cannot sustain a fixed window guard, they are a good option. In fact, the Boston Fire Department recommends these types of guards because they are easily releasable in the event of an emergency. Though neither fixed nor operable window guards are required by law in Massachusetts homes, they are highly recommended for households with children under six years old.
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May 29, 2013

CPSC Says Majority of Child Drownings Happen in Backyard Pools

by Altman & Altman

According to a new US Consumer Product Safety Commission report, the majority of child drowning deaths are taking place in backyard pools. Drowning remains the number one cause of accidental child deaths for kids between ages 1 and 4 and minorities.

At Altman & Altman, LLP, Boston personal injury lawyers represent the families of kids injured or killed in a Massachusetts drowning accident. We handle pool and spa drowning incidents involving premises liability, products liability, negligence and wrongful death.

Per the CPSC’s latest findings: