Boston Injury Lawyer Blog

March 8, 2017

Abuse in Massachusetts Private School

Following a nine-month investigation by a security consulting firm, school officials at Massachusetts’ prestigious Milton Academy recently confirmed a decades-long sexual abuse scandal. Four teachers are alleged to have molested several students over the years. The school’s theater program director from 1975 to 1987, Rey Buono is accused of abusing at least 12 boys. Buono was fired in 1987 after admitting to molesting a male student. According to the consulting firm, Milton Academy “had some knowledge of Rey Buono’s misconduct in 1982,” but he continued to work there for an additional five years.

More than 200 Victims

The investigation extends beyond Milton to other schools in New England. All in all, more than 200 victims have come forward, and at least 90 legal claims have been filed against at least 67 private schools in the region. In an official apology letter, Milton school officials wrote, “On behalf of Milton Academy and its board of trustees, we want to acknowledge and deeply apologize for those failures.” That letter was but one in a series of apology letters sent by dozens of private schools in the New England region. In fact, a recent investigation by the Boston Globe discovered sexual abuse allegations in more than 100 New England private schools in the past 25 years.

“Milton Academy’s leadership at that time failed to protect students and failed to investigate whether Rey Buono had abused other students during his tenure at the school,” said Todd Bland, the current head of school. If you have been the victim of sexual abuse or harassment, a Boston sexual abuse attorney can help you determine how to proceed.

After losing his job in 1987 due to sexual abuse allegations, Buono moved to Southeast Asia in 1988 and has been working in a similar capacity – with children – ever since. According to a spokesperson for Milton Academy, immigration authorities have been contacted with the findings of the investigation. In addition to Buono, three other Milton employees are alleged to have sexually abused three female students. The claims range from lewd comments to sexual intercourse. Milton Academy has not identified the other male employees, but says that reports have been filed with “appropriate officials and law enforcement agencies.”

Sexual Abuse Can Have Lifelong Repercussions

Milton Academy’s current school leaders have acknowledged the detrimental impact that sexual abuse can have on an individual, saying that these victims “can live with the repercussions of those acts for years.” The school is responding by offering to pay for counseling services for victims. A MA sexual abuse lawyer can help you determine your rights and options if you were a victim of sexual abuse at Milton Academy or any other school. Continue reading

March 3, 2017

If a Tire Blowout Results in Injuries, Who’s to Blame?

by Altman & Altman

A tire blowout can be extremely dangerous, especially at high speeds. When a blowout occurs, the incident often leads to damage, motor vehicle accidents, and injuries. However, determining liability is rarely an easy task. Negligence on the part of the vehicle owner / driver may have been a contributing factor, but it’s also possible that the tire was defective. If you have been involved in an accident caused by a tire blowout, a MA injury lawyer can help you determine who’s liable for any resulting injuries or property damage.

Do You Have a Product Liability Claim?

If your tire blowout caused an accident, you may have a product liability claim against the manufacturer of the tire or wheel. In these types of cases, it is common for experts to be consulted. They can analyze the details of the blowout and testify to how it most likely occurred. If the tire was relatively new, properly installed, and recently inspected, your chances of success will be much greater than if the tire is old and worn. Improper installation may have also played a role in the blowout. If a new tire blows out on the road, it is likely due to improper installation or driver negligence.

Driver Negligence

If you are injured or suffer a financial loss due to another driver’s tire blowout, you may have a claim against the driver. Did negligence play a role? This is generally easier to prove than a product defect or improper installation because you only need to show negligence on the part of the driver. And proving negligence, as it pertains to a tire blowout, may be a relatively easy task. The fact is, drivers rarely inspect tires as often or thoroughly as they should, even though they are bound by duty to do so. However, even individuals with brand new tires, a solid tire-maintenance schedule, and whose tires were properly installed can have a blowout due to driver negligence. If you have been injured due to a tire blowout, a Boston injury attorney can help.

Common Tire Defects

A tire can be defective for multiple reasons. Some of the most common include:

Manufacturing defects
Design defects
Improper or inferior materials
Old tires that appear new
Improper tires for the vehicle type

The side effects of the above defects may include:

Tread separation
Bead failure
Belt separation
Tire explosion or blowout

In most single vehicle accidents and rollovers, tire blowouts are to blame. When an older tire is sold as “new,” the tire may appear fine until the driver reaches high speeds. This can be especially dangerous in hot weather. If you are concerned about the safety of your tires, have them professionally inspected as soon as possible. Don’t let something as simple, and inexpensive to fix as a faulty tire, cost you your life. Continue reading

March 1, 2017

Can I Sue for Injuries Caused by a Defective Product?

by Altman & Altman

If a product you used caused injury or illness, you may be able to file a defective product liability claim. The injury itself isn’t enough to justify a claim. For example, if you trip over a space heater in your bedroom and are subsequently injured in a slip and fall accident, suing the space heater’s manufacturer isn’t likely to produce results. However, if you are injured when your new space heater catches fire for no apparent reason, it’s a different story. Unless you misused the product, the fire may have been caused by a product defect.

The Elements of a Defective Product Liability Claim

Three main elements must be present for a successful defective product liability claim. These are:

An injury or financial loss occurred.
There is a defect in the product.
Your injury was caused by the defect.
You were not misusing the product when the injury occurred.

Keep in mind, you must have actually suffered a loss. If a defective product caused you to slip and fall, but you weren’t injured and no property damage occurred, there’s not much point to filing any type of injury claim. A Boston injury attorney can help you determine if you should file a defective product liability claim for your injuries.

Design Defect or Manufacturing Defect?

If the product was designed correctly but an error occurred during the manufacturing process, the claim is generally easier to prove than if the product was manufactured correctly but the design was flawed.

Olympus Duodenoscope Design Defect

A good example of a product with a serious design defect is the Olympus duodenoscope. This medical product was redesigned in 2010 to keep infectious material from entering the scope. Unfortunately, the new design, which involved closing off a narrow internal channel, actually allowed dangerous bacteria to remain in the product after cleaning. As a result, multiple superbug outbreaks occurred in hospitals throughout the country, and many people were seriously injured or died. Working with a skilled MA injury lawyer is crucial to a positive outcome in cases involving any type of product liability claim.

Takata Airbags

Determining whether a product is defective is not always an easy task. In some cases, the answer is clear. But proving that a product is unreasonably dangerous can be a complex process. Take airbags, for example. Airbags can cause injuries when they deploy, but most of these injuries are considered to be “reasonable” when you take into account their potential for saving lives. However, not all airbag injuries are reasonable. Takata airbags caused multiple injuries and deaths when a defective inflator caused airbags to explode with too much force, hurling metal debris at vehicle occupants. In fact, Takata was just ordered to pay $1 billion in criminal penalties after pleading guilty to wire fraud related to this ongoing case.

Did the Manufacturer Fail to Warn You of a Hazard?

If you can show that the defect was not obvious to an ordinary customer, you will have a better chance at winning your defective product liability claim. If the product had bright red warning stickers on it, you removed them, and got injured doing what the stickers warned you not to do, your chances of a successful claim are limited. If, however, the manufacturer failed to warn you about an inherent danger, you may have a solid case. Continue reading

February 28, 2017

Can I Sue My Landlord for Negligence in Massachusetts?

by Altman & Altman

If your negligent landlord has caused you physical injury or financial loss, you may be able to sue him or her to recover your losses. However, proving that negligence can be a complicated matter. In some cases, negligence is apparent. For example, if your landlord ignored multiple emails and phone calls about a propane smell in the home and a propane explosion occurred weeks later, proving negligence is likely to be a straightforward process. However, injury and property damage claims are rarely this cut and dried. A Boston injury attorney can help you determine if you have a successful personal injury claim.

Proving Landlord Negligence

If your landlord acted carelessly without regard for the consequences of his or her actions, and you were injured or suffered financial losses as a result, you may have a successful personal injury claim on your hands. When injury or property damage occurs on the property of another, the property owner may be found negligent under premises liability laws. To prove that your landlord’s actions caused your injury or property damage, the following conditions must exist:

The landlord owed a duty to you.
The landlord breached that duty.
The breach of duty caused the injury or property damage, and
An injury or property damage occurred.

In personal injury claims against landlords, the most common question is whether or not the landlord actually owed a duty to the injured person. What does that mean, exactly? Basically, a landlord generally has a duty to tenants and their guests. Landlords may even have a duty to the public if the public has access to common areas. The duty owed is generally to maintain the common areas in a safe and habitable condition at all times. For example, hazards such as live wires and broken steps should be remedied as soon as possible, railings should be secure, doors should open and lock properly, and there should be a plan in place for dealing with snow and ice. Consult with a MA injury lawyer if you’ve been harmed due to landlord negligence.

Was Notice Given?

Although remedying these hazards is a landlord’s responsibility, the landlord must have notice of the hazards in order to remove them. For example, if you are renting a house in New York and your landlord lives in California full time, how is she going to know when a formerly-intact step breaks? If you fall down that step and suffer injuries, can you sue? Well, if you never notified your landlord of the problem, your chances of success are limited. However, you may be in luck if you called and emailed your landlord for weeks, offering to pay for a renovation if she deducted it from your rent, but she failed to respond. There are some exceptions to the notice rule, however. For example, if the dangerous conditions were present before you moved in, it is possible that the landlord “should have known about” the conditions. Continue reading

February 27, 2017

Spring Break Safety

by Altman & Altman

This stretch of unseasonably warm weather has many thinking about spring. With spring comes longer days, warmer temps, greener landscapes, and the infamous Spring Break! For many of us, spring break has taken on a very different meaning than it had during our college years. But even mild spring break celebrations and vacations carry some inherent risks. Read on for more information about spring break hazards, and how you can protect yourself from serious harm.

Common Spring Break Injuries and How to Prevent Them

A little R&R may be just what the doctor ordered, but the spring break-related health risks below can ruin your vacation, and could even cost you your life. A Boston injury attorney can help you determine how to proceed if you’ve been harmed by another’s negligence. By taking the following safety precautions, you can dramatically reduce your risk of serious injury and death:

February 24, 2017

Sexual Abuse in Nursing Homes: Is Your Loved One Safe?

by Altman & Altman

A recent investigation has revealed shocking numbers of sexual abuse reports in nursing homes across the country. When you place your elderly loved one in a nursing home facility, it’s usually a last resort. An elderly parent or grandparent who requires around-the-clock care may not be able to safely live at home, or in the home of a child or grandchild. You take them to a nursing home to be cared for. To find out that your loved one is being neglected or abused, sometimes even enduring sexual abuse, is devastating. Although the vast majority of nursing home staff have residents’ best interests in mind, there are exceptions.

Vulnerability Can Make Elderly People Easy Targets for Sexual Abusers

As with young children, the elderly – especially when confined to a nursing home – can be quite vulnerable. This vulnerability makes them an easy target for predatory sexual abusers. The news outlet CNN recently analyzed state and federal data and interviewed experts and victims’ families to determine the severity of this problem. Just as disturbing as the abuse itself, was the study’s discovery that nursing homes and government officials overseeing these facilities often know about the abuse but ignore it.

The CNN report revealed that even when nursing homes took action, they were generally slow to investigate and report claims of abuse. Unfortunately, the same problems that make many of these victims an easy target for abuse – failing memories and confusion – also lead nursing home staff, and even law enforcement, to question the reliability of their accusations. A Boston nursing home abuse lawyer can help you determine how to take action following the abuse or neglect of a loved one.

At the 2015 sentencing of a nursing assistant who was convicted of raping an 83-year-old woman, the woman’s daughter, Maya Fischer made the following statement about her mother who had fled Indonesia as a child to escape rape and abuse by Japanese soldiers:

“At 83 years old, unable to speak, unable to fight back, she was even more vulnerable than she was as a little girl fleeing her homeland. In fact, she was as vulnerable as an infant when she was raped. The dignity which she always displayed during her life, which was already being assaulted so unrelentingly by Alzheimer’s disease, was dealt a final devastating blow by this man. The horrific irony is not lost upon me … that the very thing she feared most as a young girl fleeing her homeland happened to her in the final, most vulnerable days of her life.”

Eight Years of Abuse

The man convicted of raping this helpless victim, George Kpingbah, had previously been investigated over sexual assault allegations involving other victims. Prosecutors uncovered personnel records which show that he had been suspended three other times during sexual abuse investigations at the Walker Methodist facility. In two of those investigations, Kpingbah was the main suspect. Until he was actually caught in the act, he remained on the overnight shift for nearly eight years.

“Walker Methodist certainly failed to handle this appropriately with my mother and other residents, and there should be consequences,” said the son of another alleged victim after he learned of Kpingbah’s rape conviction. If an elderly loved one has been sexually abused, contact a MA nursing home abuse lawyer today.

Signs of Nursing Home Sexual Abuse

If you suspect that your loved one has been a victim of nursing home sexual abuse, report it immediately. Although abuse can occur without the following signs, these signs may be indicators that your loved one is a victim of sexual abuse:

Unexplained blood on clothes or bed sheets.
Bruising in the genital area.
Ripped undergarments.
Blood on undergarments.
Bruising on inner thighs, breasts, and / or buttocks.
Unexplained pain while sitting.
Diagnosis of an STD or genital infection.

February 22, 2017

Whistleblower rights and protections

by Altman & Altman

“All tyranny needs to gain a foothold is for people of good conscience to remain silent.” – Thomas Jefferson

The role of a whistleblower is indispensable in any truly democratic, free society. Whistleblowers throughout history have put aside their own fears of persecution, belittlement and, in some cases, imprisonment or death in order to stand tall as purveyors of truth and justice.

A whistleblower is defined as any person or persons which reveals information pertaining to harmful or illicit actions taken by an individual or a governmental, corporate or private group, which may in turn lead to a criminal investigation and/or penalties levied against that group. An essential part of the whistleblowing definition is the distinction that such information would not likely otherwise become known if not for the action of the whistleblower.

February 21, 2017

Should Duck Boats Be Banned in Boston?

by Altman & Altman

Multiple deadly accidents involving duck boats have occurred in cities throughout the country over the past few years. Duck boats are amphibious vehicles originally used during World War II to transport goods and troops across land and water. In more recent times, duck boats have been transformed into the ultimate tourist attraction, sightseeing vehicles that can float in the water and drive down the road alongside cars and trucks. Currently, more than a dozen American cities have duck boat tours, and Boston is one of them.

Boston’s fondness for duck boats is understandable; they have been used in parades and to celebrate sports championships for years. In fact, the New England Patriots just celebrated their Super Bowl win by riding down Boston’s streets in two dozen duck boats.

A String of Fatal Duck Boat Accidents Has Raised Concerns

Unfortunately, not everyone in Boston – and across the country – is as fond of these land-water vehicles. In fact, some advocates want to see them banned altogether. Five college students were killed in Seattle in a duck boat accident in 2015. In Philadelphia, three people were killed in two separate duck boat crashes. And right here in Boston, a duck boat ran over 28-year-old Allison Warmuth, killing her, last year. A Boston injury lawyer can help you determine if you should file a personal injury lawsuit after any type of motor vehicle accident, including those involving duck boats.

Ivan Warmuth, the father of the young woman who was killed by a duck boat last year, believes the vehicles should be banned. According to critics, the massive vehicles are dangerous due to their current design. Drivers have to deal with multiple blind spots, more than with other motor vehicles, making it difficult to see the road directly below them. In addition, the drivers typically double as tour guides, pointing out and talking about various historical landmarks as they drive through Boston.

Improved Safety Measures in Boston

Warmuth’s parents are lobbying for new legislation that will improve the safety of duck boats. They have already seen some success; MA has passed a law requiring duck boats to be equipped with proximity sensors and blind spot cameras. In addition, duck boats are now required, by law, to have a second employee on board. This will prevent the driver from being distracted by having to narrate the tour while operating the vehicle.

Following the accident that resulted in Warmuth’s death, the National Transportation Safety Board examined video showing the driver turning in his seat to point to landmarks while driving. ‘‘I hear again and again from Boston Duck Tours and any of these other companies that safety is their No. 1 priority, and if that’s the case, you can’t argue that the safest way to operate the vehicles is for the driver to also be giving the tour,’’ said Kevan Moniri, who was a passenger on Warmuth’s scooter when the accident occurred. He says he realized, as the duck boat approached, that the driver could not see them in his path.

Less than three months after Warmuth’s fatal accident, a woman from New Jersey was seriously injured when a duck boat struck her on a Boston street. If another’s negligence has caused harm to you or a loved one, you may be able to recover damages by consulting with a MA injury lawyer. Hopefully, duck boat tour companies nationwide will take the proper safety measures to reduce the risk of serious injury and death. In the meantime, consider the risks before taking a duck boat tour, and use caution when approaching a duck boat as a cyclist, passenger, or while operating a motor vehicle. Continue reading

February 20, 2017

What Injury is More Common in Massachusetts than Any Other State?

by Altman & Altman

Snowmobiling accidents? Slipping on icy walkways? Shoveling injuries? Although all of the above would make sense, they are not more likely to happen in MA than other states. And the actual answer comes as a bit of a surprise. It’s concussions. MA reports more concussions than any U.S. state. Why? Read on for more information about this surprising statistic and why MA seems to have such a high rate of concussions.

Amino, a company that analyzes electronic insurance claims, recently conducted an analysis of claims for each U.S. state. According to the company’s data, Massachusetts reports more concussions than any other state in the nation. Now, to be clear, this does not mean that concussions are the most common injury in MA, only that they are more commonly reported in MA than in other states. The most common injury in nearly every state was actually open wounds or bruising. Whatever the injury, consulting with a Boston injury lawyer can be instrumental in helping you obtain the compensation you deserve.

Amino studied about 244 million health insurance claims filed from 2012 to 2016. If nothing else, the results were interesting. New York reports more fist fight-related injuries than other states and residents of Missouri suffer more animal bites than residents of other states. So what’s the deal with MA’s high rate of concussions? Interestingly enough, many conditions were seen with abnormal frequency in multiple states, but MA was the only state with a higher-than-average rate of concussion diagnoses. So, it must be more than a coincidence, right?

Could Increased Awareness be the Reason?

A 2016 Blue Cross Blue Shield report may shed some light on these results. According to the report, MA diagnoses more youth concussions than any other state. In states with strong concussion education campaigns (such as MA), patients may be more likely to seek medical attention immediately after a head injury. Early treatment is extremely important when it comes to concussions. However, seeking medical attention for head injuries more often than other states may also raise the rate of concussion diagnoses. Basically, we may not get more concussions, we may just diagnose more concussions. The strong medical and health community in MA is likely at least partially responsible for our high rate of reported concussions. But that’s actually a good thing.

Beyond the medical community, other contributing factors could be regulations imposed by the state (to seek medical attention or test for concussions, for example), higher participation in sports than some other states, and higher rates of physical activity than many other states. If you have suffered a concussion due to another’s negligence, it is in your best interest to consult with a Boston injury lawyer as soon as possible.

Warning Signs and Symptoms of a Concussion

What seemed like a bit of bad news may actually be quite positive. Stricter regulations, strong healthcare, and a physically-active community all contributed to the Amino study’s findings. That being said, it’s still a good idea to be aware of the risk for concussions and to watch out for warning signs and symptoms following a car accident, any type of head trauma, or if you engage in high-impact sports. Symptoms of a concussion include:

Thinking and remembering symptoms: Inability to think clearly or concentrate, a general feeling of “slowness”, difficulty remembering new information.
Physical symptoms: Nausea and vomiting, headache, blurry vision, problems with balance, a feeling of dizziness, sensitivity to noise or light, fatigue.
Emotional or mood symptoms: Feeling sad, nervous or anxious, becoming easily upset, generally feeling more emotional than usual.
Sleep symptoms: Sleeping more or less than usual, difficulty falling asleep or staying asleep.

February 16, 2017

Facts about Erb’s Palsy – When is it Negligence?

by Altman & Altman

The birth of a newborn baby is as natural of a miracle that we can observe in our world. A newborn baby represents hope, potential, and a clean start. Hundreds of thousands of births occur every single day, and unfortunately many of them have complications that result in various difficulties for the newborn baby and its family.

One form of complication, Erb’s Palsy, occurs in infants who sustain nerve damage in their brachial plexus, a cluster of nerves that root in the shoulder, near the neck, and flow down into the arms. These nerves can be injured in various ways, such as during a difficult or abnormally stressful breach birth or when the baby is excessively large.

Sadly, one of the ways Erb’s Palsy can also happen is as a result of a doctor pulling on a baby too forcefully during a challenging birth. It most commonly manifests when a newborn’s head is twisted too sharply in one direction, tearing or cutting off circulation to the nerve cluster. The condition can cause long-lasting or permanent physical disabilities in the child, from temporarily being unable to move its arms or fingers to having full limb paralysis throughout its life.