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One person was killed and three were injured when a single- engine plane crashed Sunday afternoon near Leverett, a town in Western Massachusetts. It’s not yet known whether the person who was killed was the pilot or a passenger. The injured persons have been taken to area hospitals.

The plane was a 28-year-old Cessna 206G, according to Federal Aviation Administration records. It was registered to Airborne Maintenance, Inc., which is based out of Long Island, in 2005.

Massachusetts state and local police have responded to the scene, and federal investigators are on their way.

Although we don’t hear about plane crashes very often, they occur much more frequently than is publicly reported. About 80 percent of plane accidents occur right before take-off or landing. The majority of plane accidents occur because of pilot error. Mechanical failure is another common cause.

If you or someone you know has been injured or killed in a plane crash, the owner, manufacturer, suppliers, pilots, or air traffic controllers might be responsible. Aviation accidents are extremely complex and require the skill of a highly-experienced lawyer. Call the lawyers of Altman & Altman LLP at 617. 492.3000 or 800.481.6199 (toll free) or contact us online.

Source: The Boston Globe, Plane crash in western Mass. kills 1, injures 3
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The Massachusetts Alcoholic Beverages Control Commission has banned the popular Four Loko beverage from store shelves. Massachusetts is the fifth state to ban the popular caffeinated drink-a move which is likely to be adopted by the other states in due time.

Made by Phusion Projects LLC, the alcoholic energy beverage contains guarana and caffeine and has grown in popularity. College kids have especially taken to Four Loco, which is inexpensive and considered potent. However, there have been growing concerns that the combination of alcohol and caffeine makes the drink a dangerous product.

Our Boston products liability lawyers want to remind you that if you or someone you love suffered serious injuries from drinking or eating a tainted or dangerous food product or beverage, you should explore your legal options as soon as possible. Many college campuses have already banned Four Loko. Recently, nine Central Washington University students (all teenagers) were hospitalized with blood-alcohol levels of .12% to 35% (a BAC of 30% is considered possibly deadly) after drinking the caffeinated malt liquor. One of the students almost died. Another group of students were hospitalized at St. Joseph’s University also after drinking Four Loko.

In an unrelated incident, Florida State University Jason Keiran’s family is suing Phusion Projects for his wrongful death. They claim that he shot himself because he drank three cans of Four Loco.

Elsewhere in the US, relatives of another young adult, 21-year-old Courtney Spurry, say she crashed her car after drinking Four Loko. Spurry died from her injuries.

The Food and Drug Administration has sent warning letters to the manufacturers of a number of alcoholic energy drinks. In November, Four Loko announced it would take out the stimulants and caffeine from their beverage.

Four Loko pulled from shelves in Wakefield, statewide, Wicked Local, November 28, 2010
Four Loko Lawsuit: Parents Claim Energy Drink Killed Son, ABC News, November 16, 2010
Four Loko caused death of 21-year-old Maryland woman, victim’s friends tell local television station, NY Daily News, November 12, 2010
Phusion Projects LLC

Related Web Resources:
FDA Warning Letter

Massachusetts Alcoholic Beverages Control Commission
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Holiday festivities have begun in downtown Boston. Among the events are Christmas tree and menorah lightings. Tonight, the official tree lighting celebration will take place at 8 p.m. in Boston Common where more 80 trees will be lit.

The holiday season should be full of happiness, and holiday decorations can help people to get in the spirit. Holiday decorations can, however, cause serious personal injuries. According to the U.S. Consumer Product Safety Commission, about 1,300 people are treated in emergency rooms every year for injuries related to holiday lights. An additional 6,200 are treated for injuries that involved Christmas trees or holiday decorations. Holiday lights cause approximately 510 fires every year, and 1/6 of all fires caused by candles happen during December. During the holiday season, fall- injury emergency room visits rise from 9% to 12% with people standing on furniture, ladders and roofs to deck the halls.

To prevent injury or property damage from ruining your holiday season:

•Keep Christmas trees away from radiators and fireplaces.

•Keep lit menorahs away from curtains and other decorations. Don’t go to sleep or leave your home while candles are lit.

•If you have young children, don’t use decorations that look edible, and don’t use decorations that break and become sharp.

•If you use spray-on snow, make sure that it is non-toxic.

•Check your Christmas tree lights for frayed wires, broken or loose bulbs, and other defects. These are serious fire hazards, especially on a dry tree.

•Be careful if you’re using extension cords. Don’t string more than three sets of lights together.

•Don’t stand on a couch to hang decorations. If you have to use a ladder, try to make sure that it stands properly and won’t bend or crack beneath you.

Sources:

The Boston Globe, Holiday festivities in downtown Boston

Medicinenet.com, Tips for preventing injuries during the holidays
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In Brookline, Selectmen are considering a plan that would allow Brookline residents to unleash their dogs in 14 local parks for $50 per year, per dog. Persons who do not live in Brookline would have to pay $100 a year.

The Park and Recreation Commission of Brookline is asking for the fee to fund a park ranger position and to pay for oversight of the Green Dog Program, Brookline’s off-leash initiative that allows dog owners to unleash their dogs during certain hours and in certain areas.

Some dog owners are opposing the fee, complaining that dog owners shouldn’t have to pay a fee to unleash their dogs in public parks because other people don’t have to pay fees to engage in unorganized activities in the parks. Others seem to be neutral or happy to pay the fee to help fund the ranger.

The fee has been considered since 2008, but officials have held off until now. The fees are expected to bring about $30,000 into the town. The Green Dog Program costs about $55,000 per year.

Fee or no fee, dog owners need to be careful about unleashing their dogs in public parks. If the dog injures another person or causes damage, then the owner will be strictly liable (unless the injured person was teasing or abusing the dog or trespassing) under Massachusetts General Laws Chapter 140 § 155. Even when an owner is confident that their dog has a good disposition and will not bite or harm another person, it’s important to remember that dogs are animals and can snap. About 800,000 people in the United States require medical attention for dog bites every year, most of them children. So, whether these Brookline residents will have to pay fees or not, they should keep this in mind when they enjoy off-leash time with their dogs.

Source: The Boston Globe, Brookline eyes $50 fee to let dogs off the leash
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According to University of Colorado School of Medicine researchers, children, especially those who are unsupervised while playing with or touching dogs, are at risk of suffering dog bite injuries. Just recently, a 10-year-old girl was attacked by two American bulldogs in a neighbor’s yard during a Massachusetts dog attack. The girl had to receive medical care for her several dog bites. The animals’ owners plan to euthanize them.

More findings from the researchers, who studied 537 children treated for facial dog bites:
• In almost 90% of dog bite cases studied, the child knew the animal.
• 51% of cases involved a family pet.
• 15% of dog bite cases studied involved a neighbor’s dog.
• 13% involved a friend’s dog.
• 10% involved a relative’s dog.
• A dog that bites someone once is at greater risk of attacking again; usually the second time will be more vicious.
• A child has a 50% chance of being bitten by a dog; 80% of those injuries will be to the head and neck.
• Adolescents have a greater chance than young kids of being bitten by an unknown dog.
• 22% of the dog bite victims had to receive in-patient treatment.

Our Boston dog bite accident lawyers are all too familiar with the type of injuries that can be sustained by children that have been injured in a Massachusetts dog attack. Some dog bite injuries can leave permanent physical and/or psychological scars that may impact a victim for life.

Children, of course, are not the only ones who can sustain serious injuries from a dog mauling. Recently, 41-year-old Karen Stewart had to be placed in a drug-induced coma after a bulldog mix bit her more than 20 times. She was brought to a Boston hospital for treatment of her injuries. The authorities have charged the animal’s owner with keeping a dangerous dog.

Bulldogs attack 10-year-old girl in Massachusetts, Bangor Daily News, November 25, 2010
Maine dog attack victim put into induced coma, Boston.com, November 16, 2010
Unsupervised Kids at Risk for Dog Bites, Web MD, November 11, 2010

Related Web Resources:
Dog Bites, Nolo
Facial Dog Bite Injuries in Children Affect the Eyes More Often Than Previously Reported, Medscape Today, October 29, 2010 Continue reading

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Toyota, which is facing hundreds of lawsuits in the United States related to unintended acceleration injuries, now needs to fix coolant pumps in 650,000 Prius cars for model years 2004-07. Of those cars, 390,000 are in North America, and 378,000 are in the United States. Since last year, Toyota has recalled 14 million cars across the globe, including 11 million in the United States, for problems like defective gas pedals, floor mats and braking.

The Prius is a hybrid car that switches between a gas engine and an electric motor. In the 2004-07 models, air can get trapped in the coolant pump and cause a malfunction or overheating of the core hybrid system. According to Toyota, no accidents related to the coolant pump have been reported yet. Toyota is calling the push for repairs a “customer satisfaction campaign,” as opposed to a recall.

Toyota will begin notifying United States Prius owners in December and will cover the cost of the repairs.

In recent weeks, a federal judge in California ruled that lawsuits filed after Toyota’s recalls could move forward, while Toyota continued to assert that plaintiffs could not prove that a design defect was to blame for unintended acceleration.

Overheated cars can cause dangerous breakdowns and other costly complications. Car manufacturers should make sure that their products are safe, and when they don’t, they can be liable. At Altman & Altman, we have a team of experienced products liability attorneys who would be glad to help you.

Sources:
MSNBC: Toyota to fix 650,000 Prius hybrids, over heat
MSNBC: California judge won’t dismiss Toyota lawsuits
The Boston Herald: Toyota fixing coolant pump in Prius globally
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A person was fatally injured on the southbound side of Kendall Square station in Cambridge today, an MBTA spokesperson told the Boston Globe. It happened around 11:30 a.m., and Red Line service has now resumed. It had been shut off between South Boston and Harvard Square and shuttle buses were put into service so that Transit police could investigate and responders could reach the victim.

We’ve recently seen an increasing amount of persons being injured or killed on the MBTA. Earlier this month, an 18-year-old was injured and a 21-year-old was killed on an MBTA bus. On the same day as that incident, police were called to investigate two other Red Line stabbings. At that time, riders were calling for more officers and security cameras. While the facts of this article are unclear as to the cause of the fatal injury, there is no mention of an accident, and this too may have been the result of an attack.

These kinds of criminal attacks that keep occurring on MBTA premises could give rise to negligent security personal injury or wrongful death claims. Owners or managers of premises that serve the public, like the MBTA, can be liable for injuries caused by criminal acts of third parties where the risk of the criminal attack is foreseeable. Here, given the recent rash of criminal attacks on the MBTA and particularly on the Red Line, these acts should be becoming more and more foreseeable.

At Altman & Altman, we have extensive experience handling MBTA accident and negligent security claims. In our more than 40 years of experience, we have helped victims and their families recover medical bills, lost wages, pain and suffering, and other claims related to their injury.

Sources:
The Boston Globe: Red Line service restored this afternoon: investigation into Kendall Square death continues
The Boston Globe: Man killed, 1 injured in stabbings on bus
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A rollover in Braintree on Tuesday afternoon resulted in a 94-year-old Hull woman being injured, police told the Boston Globe. They said that her vehicle was struck by another one on Quincy Avenue. It came to a stop on its roof, and Braintree firefighters had to help get the woman out of the vehicle. The woman was taken to the South Shore Hospital in Weymouth, and her condition is not currently known. She is in the intensive care unit. The driver of the other car, a 39-year-old woman from Quincy, was cited for a lane violation.

The fact that this second driver was cited for a lane violation could indicate that she was negligent. At Altman & Altman LLP, our car accident lawyers investigate accident scenes, retain experts and examine all evidence to determine whether persons have grounds for a personal injury claim.

Our firm can also look into the possibility that automobiles or auto parts were defective when, as in this case, there is a rollover situation. The NHTSA reports that in 37 percent of fatal crashes, SUVs rolled over. Defective designs with unstable, high centers of gravity have been found to cause rollover tendencies in certain SUV brands.

Source: The Boston Globe, Woman, 94, injured in Braintree rollover
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Thanksgiving right around the corner, and many of us are looking forward to eating delicious turkey–whether it be cooked traditionally in the oven or deep-fried. Although deep-fried turkeys are a tasty and fun alternative, turkey frying can be extremely dangerous. Turkey-frying accidents can cause serious burns from hot oil heated at more than 350 degrees. Turkey fryers are fired by propane tanks that can cause devastating fires. Temperature controls can sometimes malfunction because of a defect in the appliance. Even worse, the appliance might not even have temperature controls. Given these possibilities, it is important to observe safety measures to prevent personal injury from ruining your holidays.

Tips to Keep You and Yours Safe if You’re Frying Your Thanksgiving Turkey:

1. Do not fry the turkey indoors. Make sure that the fryer is a safe distance from your home.
2. Keep children and pets away from the cooking area.
3. Get a big pot and a smaller-sized turkey.
4. Make sure that the base of the fryer is secure.
5. Always keep the turkey fryer in view.
6. Check the temperature of the oil often.
7. Cover skin to avoid burns.
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The family of Vincent Cilia has settled their Boston wrongful death lawsuit against the Massachusetts Turnpike Authority and a number of contractors for $9 million. Cilia, a Massachusetts state trooper, suffered fatal injuries July 2005 when he was thrown off his motorcycle and struck the handrails in a Big Dig tunnel.

In their Suffolk County wrongful death complaint, Cilia’s family alleged that the handrails on the walkways in the tunnels are poorly designed. They compared the rails to the blades from a shredder in terms of the danger they can pose to motorists. Six other deaths have been linked to the rails. Most of the victims were dismembered after striking the them. One person survived but lost an arm.

The handrails are a little over 3 feet off the ground and approximately the height of a car window or motorcycle seat. The railings are supposed to support workers on walkways so that they don’t fall into traffic. While state officials have insisted that the handrails’ design is safe and complies with safety standards, The Boston Globe is reporting that newly obtained documents show that in 1992, the US Department of Transportation warned the Big Dig project director that there rails might pose a hazard. The director, however, replied that the rails were safe.

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