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We all know that texting and driving is dangerous, but what about texting and walking? In 2016, a total of 5,987 pedestrians were fatally injured in the United States, an increase of nine percent from the previous year. And research shows that this increase is at least partially due to smart phone use. On Wednesday, Honolulu will become the first major city to enact legislation aimed at solving this growing problem. The Hawaiian city’s new law will allow police to stop and fine pedestrians who are looking at their phones instead of paying attention to their surroundings.

When people text and walk, they have four times the risk of inadvertently engaging in another dangerous action, such as jaywalking. Initiatives to combat “cellphone zombies” are popping up around the world. Mumbai has no-selfie zones, small cities in the Netherlands and Germany have installed LED-illuminated crosswalks, and other cities are posting prominent warning signs. In response to Honolulu’s new law, several other cities and states are considering similar legislation.

Honolulu is the first major city to pass a walking-and-texting ban, but at least one smaller municipality actually got there first. Rexburg, Idaho adopted a citywide ban on distracted walking in 2011, after five pedestrians were killed in a short period of time.

“It was a shock to our system,” said Stephen Zollinger, the city attorney for Rexburg.

In response, pedestrians are prohibited from using hand-held devices while in Rexburg, unless they are talking on the phone. The small city hasn’t had a pedestrian fatality since the ban went into effect. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Are Safer Vehicles the Answer?

Not everyone is convinced that distracted walking legislation is the answer. Janette Sadik-Khan, former commissioner of New York City’s Department of Transportation, thinks such laws distract from more important issues, such as poor road design and driver speed. In addition, Sadik-Khan thinks that improved vehicle design could help. According to Deborah A.P. Herman, the National Safety Council’s president and chief executive, features such as softer bumpers can greatly reduce the severity of injuries in a pedestrian crash. Unfortunately, only 44 countries require that automobile manufacturers incorporate these safety features. Not surprisingly, the United States isn’t one of those countries. A MA injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

To some people, bans on walking and texting seem a bit like Big Brother. But keep in mind that this legislation isn’t the first traffic-related legislation to seem a bit intrusive. Laws enforcing seatbelt use, for example, were quite controversial initially. Time will tell if texting-and-walking bans have a measurable impact on pedestrian safety. In the meantime, if you have plans to visit Honolulu, don’t forget to put your smart phone away as you cross the street. And check back for updates on other U.S. cities. Boston may not be far behind. Continue reading

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If you’ve been bitten or attacked by a dog, who is liable for your injuries? In MA, a dog’s owner may be liable for any damages the dog causes, barring certain circumstances. For example, if the victim was trespassing at the time of the incident, the dog’s owner will likely be off the hook. Read on for more information about dog bite injuries in MA, and how to proceed if you’ve been bitten.

Negligence vs. Strict Liability

When it comes to dog bites, states generally operate under the theory of “negligence” or “strict liability.” MA is a “strict liability” state. This essentially means that the injured person does not need to show that the dog’s owner was negligent. The owner may even be liable if the victim had been informed that the dog was prone to biting before the incident. And the strict liability rule also applies to other injuries and damages caused by dogs. If a dog knocks an elderly person down, for example, the owner may be liable for resulting injuries.

Statute of Limitations

In MA, you have three years from the date of the dog bite within which to file suit. This state of limitations is extremely important; if you fail to file a court case before the specified deadline, your chances of success are almost non-existent. A Boston dog bite injury lawyer can help you determine how to proceed if you’ve been bitten or attacked by a dog.

Dog Bite Statistics

The following facts and figures provide insight into the frequency and severity of dog bites in the United States.

  • About 4.5 million dog bites occur in the United States annually.
  • In 2016, dog-related injuries accounted for more than 30 percent of all homeowners insurance liability claims – a total of more than $600 million.
  • More than 6,750 U.S. postal workers were attacked by dogs in 2016.
  • Between 1993 and 2008 there was an 86 percent increase in hospitalizations involving dog bites.

When is the Owner Liable?

In Chapter 140, Section 155 of MA General Laws, a dog’s owner may be liable for injuries under the following circumstances.

  • The dog caused damages or injuries

            and

  • The victim was not trespassing at the time of the incident.
  • The victim was not committing a tort at the time of the incident.
  • The victim did not provoke the dog.

The above statute also applies to other injuries and property damage caused by dogs. If, for example, a dog chews through a neighbor’s fence, the neighbor may sue for property damages. A MA dog bite injury lawyer can help you recover damages if you’ve been injured by a dog.

Owner Defenses

As with most personal injury lawsuits, the individual being sued is likely to present a defense explaining why he or she should not be liable. When it comes to dog bites, the owner will usually present one of two defenses.

  • Trespassing: If the victim was trespassing on private property, homeowner liability is seriously limited.
  • Provocation: If the victim was provoking the dog, the owner may not be liable. The MA dog injury statute specifically states that the owner is not liable if the injury occurs while the injured person is “teasing, tormenting or abusing” the dog.

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While she was suffering from a drug overdose, a woman was transferred by ambulance from Baptist Memorial Hospital in Oxford, Mississippi to another BMH facility about 100 miles away. The Jane Doe now claims that during the transfer, she was sexually assaulted by a paramedic. Bryan Englebert, the EMT accused of sexual assault, plead guilty and is currently serving a minimum of five years in prison. But the victim is blaming more than her assailant.

When we go to the hospital – or any health care professional, for that matter – we have no choice but to put our lives and well-being in their hands. Hospitals and medical professionals owe us a duty of care to protect us from further harm, at the very least, while in their care. Medical professionals can make honest mistakes; they’re only human. But when negligence is a factor, a provider and / or health care facility may be liable for any resulting damages, including medical expenses, pain and suffering, and lost wages. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.

Doe alleges that the hospital’s failure to provide proper training and supervision to its employees, as well as its lack of an adequate safety policy, put her in harm’s way. In her lawsuit, she claims that Englebert sexually battered and assaulted her while the driver, Matthew Austin, videotaped the assault. Doe was incapacitated during the incident, and has a history of mental health issues. As such, the hospital owed her an even higher duty of care. She is suing for negligence and negligent infliction of emotional distress. According to her lawsuit, Doe suffered significant physical injury, and mental trauma and suffering.

Hospital Liability

So, when is the hospital liable, and when is it just an honest mistake? Fortunately, the vast majority of medical professionals have the best interest of patients in mind at all times. However, even good doctors can make serious mistakes when fatigued or under extreme pressure or stress. Sometimes, mistakes are due to inexperience. Other times, lack of communication, administrative problems, and even bad handwriting are the culprit. And occasionally, health care-related injuries can be a result of gross negligence. A MA personal injury lawyer can help you determine whether negligence played a role in your particular case.  Continue reading

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According to the National Highway Traffic Safety Administration (NHTSA), children’s car seats are commonly installed incorrectly. More often than not, actually. Thanks to research and advancements in technology, car seats get safer every year. But it seems that the safer they become, the more complicated they are to use, with a vast array of anchors, chest clips, tethers, and pages of confusing instructions. The NHTSA reports that 59 percent of car seats are installed improperly.

Pediatrician Benjamin Hoffman believes that percentage is much higher. According to Hoffman’s research, 95 percent of newborn seats are being misused. Rear-facing and forward-facing seats are also a problem, with an 80 percent rate of misuse. A MA injury lawyer can help you determine how to proceed if your child has been injured due to another’s negligence.

“If you give a test and 95 percent of the people taking it fail, you have to assume there’s something wrong with the test,” said Hoffman. “Car seats are hard to use and there’s a lot of factors that feed into that.”

The Right Seat for My Child

And the problems don’t only lie with the installation of the seats. Selecting the right seat for your child’s age, weight, and height can also be an issue. “Every kid is sized differently and every car seat is sized differently, so it can be difficult,” said AAA spokeswoman Beth Mosher.

Don’t let price fool you. “The least expensive car seat meets the same federal standards as more expensive car seats,” said Hoffman. The types, styles, and brands of car seats can be overwhelming. Fortunately, many retailers are flexible about allowing you to see if the seat works for you, and returning it if it does not.

Common Errors

Once you’ve purchased your seat, local police stations and AAA locations often provide inspections of car seats at no cost. The need for such a service is evidenced by attending any of the multiple car seat clinics offered around the country. During these inspections, the most common errors found include:

  • Switching to a front-facing seat before the child is ready.
  • Switching to a booster seat before the child is ready.
  • Improper use of hooks, tethers, and belts that lock the child’s seat to the car.
  • Failing to ensure that harnesses fit the child snugly.

Car accidents are the leading cause of death for children between the ages of one and 13. Many of these deaths can be prevented with a properly installed car seat. “It’s really important to continue to hammer on the industry that they need to help us protect everybody,” Hoffman said.

Is it Defective?

Sometimes the issue isn’t with the installation or use, but with the product itself. Millions of car seats have been recalled due to design flaws including flammable materials, and defective harness systems. Having your car seat inspected once you’ve installed it may help to detect any defective, broken, or missing parts. A Boston injury lawyer can help you recover damages if a defective car seat has caused harm to your child. Continue reading

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Now that school is back in full swing, there are millions of children playing on playgrounds every day. Playgrounds provide kids with an opportunity to have fun, unwind, and engage in creative play. But when playground equipment is not properly maintained, or supervision is poor, injuries can occur.

According to the Centers for Disease Control (CDC), more than 200,000 children go to the emergency room annually for playground injuries. Although the vast majority of these injuries are minor, children do suffer serious and life-threatening injuries every year. These include bone fractures, concussions, internal injuries, and amputations. In some cases, playground injuries can be fatal. Between 1999 and 2000, an average of 12 children died from playground-related injuries each year.

Was Negligence a Factor?

Playgrounds can be found at schools, daycare centers, community parks, and on private property. That being said, most playground accidents occur at school or daycare. To determine liability, you must first determine whether negligence played a role in your child’s injuries. A Boston personal injury attorney can help you determine how to proceed if your child has been injured due to another’s negligence.

Factors to Consider

When determining negligence, several factors will be considered. These include:

 

  • Was the equipment properly maintained? If a child is injured on playground equipment that is worn, broken, sharp, or that has rusted, the school or daycare may be liable. It is their job to properly maintain equipment, and replace broken or damaged parts immediately. If the playground is located in a community park, the municipality may be responsible.

 

  • Was there adequate supervision? Schools and daycare centers are responsible for providing adequate – and competent – supervision when children are on a playground. One adult might not be enough; there should be an appropriate child-to-teacher ratio at all times. However, you can’t expect someone to supervise your child outside of school hours, at community playgrounds, or on private property unless a specific arrangement has been made. If you leave your son alone at a community park, for example, and he falls off the climbing wall while you’re gone, you can’t claim another’s negligence.

 

  • Were reasonable safety measures taken to prevent injuries? Playgrounds should be designed and installed to prevent injuries. That’s why you see soft ground surfaces instead of concrete, and equipment with round edges instead of sharp corners. If a playground lacks these safety measures, the school, playground designer or installer, business, or municipality might be on the hook for resulting injuries.

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In 2014, Monica Broughton filed a lawsuit against the doctor who delivered her son six years earlier. Amari Broughton-Fleming, now nine years old, suffered nerve damage during birth. During his delivery – which was induced – Amari’s shoulder became trapped behind his mother’s pelvic bone. The doctor dislodged the arm by tugging on the infant’s head. Following Amari’s birth, doctors discovered that his right arm was paralyzed, and that some of the nerve damage was permanent.

Multiple surgeries have improved Amari’s condition, but he still has difficulty with even the most basic tasks, such as zipping his pants, riding a bike, and playing sports. Some of his fingers twitch when his arm is at rest, and the damaged arm is four inches shorter than its healthy counterpart. In addition to the physical challenges, Amari has also suffered emotional trauma. “He asks if his arm is ever going to be normal,” said Broughton. “He wants it to grow.”

A pediatric neurologist diagnosed the permanent nerve damage, saying that two of the five main nerves had been torn in half. Broughton claims that the nerve damage is the result of her doctor’s negligence. She believes that the OB-GYN’s forceful pulling of her son’s head caused the damage, and that he never told her about the potential risks of such a procedure. Apparently, the New Castle County, Delaware jury agreed with Broughton, because they awarded her $3 million. A MA birth injury lawyer can help you obtain the compensation you deserve if medical negligence harmed you or your child.

Common Types of Birth Injuries

When birth injuries are life-altering, juries are often quite sympathetic to the victim(s). The following birth injuries are commonly linked to medical negligence:

 

  • Brachial plexus injury: Also known as Erb’s palsy or Klumpke’s palsy, this birth injury occurs in about one out of every 1,000 births. In many cases, this injury is the result of improper practices during labor and delivery. Nerve damage can be minor and can heal on its own, or nerves can be completely torn from their root, resulting in total or partial paralysis.

 

  • Cerebral palsy: This permanent condition is characterized by impaired movement and motor skills. It may be caused by oxygen deprivation or trauma during labor.

 

  • Premature birth and neural tube disorders can occur due to overdosing with folic acid, a supplement commonly given to pregnant women.

 

  • Cerebral ischemia (reduced blood flow) can lead to brain damage in minutes. This condition can be caused by maternal overmedication, infection, and shoulder dystocia. A Boston birth injury lawyer can help you determine how to proceed if your child has been injured due to medical negligence.

 

  • Cephalohematoma (bleeding between the skull and brain) is often caused by improper use of forceps and other tools used to forcefully extract an infant. Fortunately, this condition usually heals on its own with time.

 

  • Spinal cord injuries: These are significantly more rare than the other birth injuries mentioned. Although spinal cord injuries involve varying degrees of cord disruption, most are quite serious. Spinal cord injuries may result in total paralysis, and even death. Trauma during labor, often involving breech births, is usually a factor in this type of birth injury.

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In more bad news for Home Depot, an Illinois man is suing the home improvements retailer for injuries he suffered in a Chicago-area store. On August 21, Calvin Horne filed a complaint in Cook County Circuit Court, alleging that Home Depot and Electric Eel Manufacturing Company Inc. failed to take adequate measures to prevent customers from being seriously injured. Horne claims that he severed a finger in July when an Electric Eel drain cleaning device malfunctioned as he was using it to unclog a drain.

The plaintiff in the above case is suing the defendants, alleging that they failed to provide necessary instructions for use, and to warn consumers of the product’s defect. Horne is seeking reimbursement for court costs, and damages in excess of $50,000.

Defective Products Liability

Generally speaking, a product needs to meet a consumer’s ordinary expectations. If an unexpected defect or dangerous feature results in injury, the product does not meet this legal standard.  Every year, thousands of people are injured by defective products in the U.S. But who is responsible when these injuries occur? When determining who is at fault in a product liability case, we must first consider the distribution chain.

Chain of Distribution

The chain of distribution for a particular product can be long, and convoluted. A Boston defective products attorney can help you determine who is at fault if you have been injured by a defective product. The distribution chain may include:

  • Product designer
  • Product manufacturer
  • Parts manufacturer
  • Product assembler
  • Wholesaler
  • Retailer

In most product liability cases, the responsible party or parties must exist within the product’s regular distribution chain. For example, if you purchase a defective product at a yard sale, you aren’t likely to recover from the home owner if you are injured by the product. However, the original manufacturer, retailer, and any parties in the distribution chain can still be liable, even though the product was purchased at a yard sale.

Types of Defects

When it comes to product liability, there are three types of defects that commonly cause injury. These are:

 

  • Defects in the product’s design: These defects were present even before the product was manufactured. If the design is inherently unsafe, the designer may be liable while the manufacturer is off the hook. However, if it can be shown that the manufacturer knew, or should have known about the defect, the manufacturer may also be liable.

 

  • Defects that occur in the manufacturing process: The product’s design was flawless, but a machine malfunctioned during the manufacturing process, and the finished product is too big, or too small, or too slippery, or too sharp. Whatever the defect – if it causes injury – the manufacturer may be liable.

 

  • Defective marketing: Improper labeling or inadequate instructions are the main culprits of injuries due to defective marketing. For example, we all know that a hair dryer is safe, but not when used in water. That is why all hair dryers come with a large warning label to keep the product away from water. If a product is missing an important warning label, or if you were injured due to misleading marketing, an experienced MA injury attorney can help you recover damages.

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Jesus Sanchez is suing Home Depot for injuries he sustained in a slip and fall accident in one of the store’s Florida locations. Sanchez claims he suffered damages due to the store’s failure to provide a safe environment. According to his claim, Sanchez was injured when he tripped on plastic wrapping left on the floor of one of the aisles. The defendant allegedly failed to provide adequate warning of a dangerous condition in one of the aisles, and to resolve the dangerous condition in a timely manner.

Store Liability in Slip and Fall Accidents

In order to determine whether a store is liable for your slip and fall injury, several factors must be considered. Did a dangerous condition exist? Did the store owner, manager, or landlord know about the dangerous condition? Did the store owner, manager, or landlord make a reasonable attempt to remedy the dangerous condition? Did you suffer damages? All of these questions will be addressed in a slip and fall case.

Take the above case for example. If a store manager knew about the plastic wrap on the floor but decided to take her lunch break before removing it, Sanchez’s injury claim may be successful. However, if the plastic wrap had been left on the floor because an employee was responding to an urgent situation in another aisle, and it had only been there for two or three minutes, Sanchez isn’t likely to receive a substantial award for his damages.

Slip and fall accidents in stores are commonly caused by spilled liquids or slippery substances, debris in aisles, uneven pavement or walkways, and icy or snowy walkways. Stores have a duty to maintain reasonably safe conditions at all times. When an unsafe condition in a store results in injury, the plaintiff may be compensated. However, whether he is compensated, and how much he is compensated, is largely dependent on the unique details of the case. A Boston personal injury attorney can help you determine how to proceed if you’ve been injured in a slip and fall accident.

Slip and Fall Accident Statistics

Slips, trips, and falls are a leading cause of personal injury claims in the United States, accounting for 15 percent of all accidental deaths. Anyone can be injured in a slip and fall accident, but who is most at risk? And where are slip and fall accidents most likely to occur?

  • Approximately one million Americans are injured in a slip and fall accident annually.
  • Among older Americans, slip and fall accidents are the most common cause of traumatic brain injuries (TBIs).
  • About 65 percent of all slip and fall accidents occur on same-level walking surfaces, not from higher levels.
  • Falls are the second leading cause of accidental death among people between the ages of 65 and 84.
  • Falls are the leading cause of accidental death for people aged 85 years and older.
  • Annually, more than 60 percent of nursing home residents fall.
  • Approximately 85 percent of workers’ comp claims arise from workers falling on slick or slippery floors.
  • In the U.S. alone, fall-related injuries are estimated to cost up to $14 million annually.

A MA slip and fall lawyer can help you recover damages if you’ve been injured due to another’s negligence. Continue reading

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For many people, nothing beats riding a motorcycle during early autumn in New England. The mild weather and vibrant foliage are perfect for long, weekend rides through the countryside. But riding a motorcycle comes with inherent dangers. In fact, you are six times more likely to die in a motorcycle crash than in a car crash.

But it’s not all bad news. The vast majority of these accidents are easily preventable. Don’t become a statistic. By following the tips below, you can dramatically reduce your risk of being seriously injured or killed in a motorcycle accident.

Motorcycle Safety Tips

  • If you ride, wear a helmet. The argument for helmets is water-tight. According to the National Highway Traffic Safety Administration (NHTSA), of the more than 4,000 fatal motorcycle accidents in 2011, approximately 40 percent of the riders were not wearing a helmet. That same year, NHTSA estimates that the lives of 1,617 riders were saved by wearing a helmet. And those figures don’t even take into account the statistics on injury accidents. Countless riders have avoided traumatic brain injuries and other serious injuries by wearing a helmet.
  • Never use drugs or alcohol when you ride. Drugs and alcohol are a no-no when you get behind the wheel of any motor vehicle, but the issue becomes even more dire when a motorcycle is involved. Operating any vehicle takes focus and attention, but riding a motorcycle comes with added responsibilities. The ability to maintain balance – which is of utmost importance on a motorcycle – is negatively impacted by drugs and alcohol. You should also use caution if you are currently on prescription or over-the-counter medications. Even something as seemingly benign as Benadryl can affect your ability to ride safely.
  • Do not speed…ever. According to the Insurance Information Institute (III), 33 percent of all fatal motorcycle accidents in 2015 involved excessive speed. Even on open stretches of road, speeding is dangerous; uneven pavement, loose gravel, and other debris can cause you to lose control of the bike. And losing control at high speeds is often deadly. A Boston motorcycle accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.
  • Keep your bike in good shape. As with any motor vehicle, it is extremely important to maintain your motorcycle. Frequently check tires, turn signals, and lights to ensure that they are in proper working order, and have your bike’s engine and brakes checked at least annually.
  • Remember that cars and trucks may not see you. Due to a motorcycle’s small size, it is easy for a bike – and its rider – to disappear in a driver’s blind spot. Never assume that a driver can see you. Avoid making sudden lane changes in close proximity to other vehicles, and never ride between lanes of slow-moving or stopped traffic (called lane splitting). A MA injury lawyer can help you get the compensation you deserve if you’ve been injured in a motorcycle accident.
  • Whenever possible, avoid road hazards and riding in inclement weather. Especially during summer and fall months, road construction is a major hazard for motorcyclists. Use extreme caution when riding through these areas which are often riddled with loose gravel, uneven pavement, pot holes, and other debris. And don’t ride when weather is bad. Heavy rains, and icy or snow-covered roads can be deadly.

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If you are injured in a slip and fall accident in a store, should you file a personal injury claim? And if so, who should you file the claim against? The following article will help you determine if you have a successful slip and fall case, and how to proceed if you do.

Was the Store Negligent?

If you’ve been injured in a slip and fall accident, step one is to determine if negligence played a role in your accident. Simply falling in a store doesn’t mean the store owners or managers are at fault. Tripping over your untied shoe laces, for example, wouldn’t justify a personal injury claim. But what if you slipped on a slippery substance that hadn’t been cleaned up? Well, it depends…

In the “slippery substance” scenario above, negligence may be a factor. Consider the following two scenarios:

  • Scenario A: A child grabs a glass bottle of iced tea from the store shelf and drops it, spilling iced tea all over the aisle floor. The mother notifies a store employee who immediately runs to the storage room to get a mop and a “Wet Floor” sign. In the moments before the store employee can get back to the spill, an elderly woman steps into the aisle and slips on the iced tea, breaking two ribs. No sooner has she slipped than the store employee returns with the mop and sign. He sees the woman on the ground and immediately calls for help.
  • Scenario B: A child grabs a glass bottle of iced tea from the store shelf and drops it, spilling iced tea all over the aisle floor. The mother notifies a store employee who says she’ll clean it up. But the store employee is on her cell phone, discussing plans for that night. Although she intends to clean up the spill, she forgets. The spill remains, untouched, for over an hour. An elderly woman steps into the aisle and slips on the iced tea, breaking two ribs.

In both scenarios above, the elderly woman may be able to file an injury claim based on negligence. However, proving negligence in scenario A may be difficult. In both scenarios, the woman slipped on a spilled substance that hadn’t been cleaned up. However, in scenario A, the store employee was doing everything in his power too quickly and effectively clean up the spill. In scenario B, the store employee prioritized a personal phone call over the safety of store customers. Continue reading

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