November 30, 2016

Can I Be Liable for My Elderly Parent’s Car Accident?

Deciding when it’s time to hang up the keys for good can be an emotionally-challenging process for elderly parents and their children alike. For the driver in question, giving up the keys can signal a loss of independence and freedom. But if driving has become dangerous, it’s in everyone’s best interest. If you are concerned that your elderly loved one is no longer safe behind the wheel, it’s important to step in. Avoiding the conversation can result in serious consequences, including injury or death. In certain cases, you can even be on the hook for your elderly parent’s auto accident.

Age alone doesn’t affect our ability to drive, but many aspects of aging do. There are 80-year-olds with clear vision, excellent cognitive abilities, and exemplary physical health who may continue driving safely for years, and there are 60-year-olds with poor vision, severe arthritis, and multiple prescription meds who should have stopped driving years ago. The ability to drive safely after a certain age has to be determined on a case-by-case basis. That being said, according to the CDC, “fatal crash rates increase noticeably starting at ages 70-74 and are highest among drivers age 85 and older.” Considering that there are nearly 36 million drivers over the age of 65 on the road today, this is a real problem. If you’re concerned about an elderly loved one’s driving, contact a Boston auto accident attorney today.

Does Massachusetts Impose Restrictions on License Renewal for Older Drivers?

In short, yes. In MA, if you are 75 or older, you have to renew your license in person, and the RMV will conduct unsafe driver investigations if requested. Also, after age 75, you must renew your license in person every five years. At these in-person renewals, a free vision test will be conducted. If indications of driver impairment are present, a written test and / or a road test may be required. If certain impairments are present, that doesn’t necessarily mean that the license renewal will be denied. The RMV may place restrictions on the license, based on the observed impairments. Examples of these restrictions include:

No driving at night
Driving only while wearing glasses or corrective contact lenses
Driving a vehicle equipped with an adaptive device
Only driving a vehicle with automatic transmission

But Can I Be Liable?

In most cases, you will not be liable for an elderly parent’s accident. However, if you loan your car to an elderly parent or loved one, and you should have been aware that he or she was no longer a safe driver, you could be liable under vicarious liability laws, or negligent entrustment. These laws typically pertain to parents who loan their car to a child, but it can be the other way around under certain circumstances. Your liability if your parent is driving his or her own car is limited. Chances are, you won’t be liable. But – and there’s always a but – it’s not impossible. If it can be shown that you were aware of your parent’s impairment, and you knew that your parent continued to drive, you could be liable for negligence. Continue reading

November 30, 2016

Social host liability – How good intentions go horribly wrong

by Altman & Altman

You’re the parent of a Massachusetts high school student and have done a tremendous job so far of encouraging your child to always be honest and always ask you questions, even the ones that make you uncomfortable. One day, you get a question you never truly expected to get: “Mom, dad, I want to invite over a few friends. They were going to drink, so I thought it would be safer for us to do it here. Is that okay?” You know that your child is a good kid, and you know that teenagers will probably find a place to drink anyways, so you agree. After all, you’ll supervise the party and make sure that nothing goes wrong, right? By 2:00 a.m., the party has died down and mostly all of the teens are asleep. You feel like the coolest parent on the block and you finally allow yourself to go to bed.

In the morning you are jolted awake by a call from the police. One of your child’s intoxicated friends snuck out shortly after you dozed off and got into a severe car accident with another motorist. The child survived but the other driver was injured. Not only was your decision to host an underage drinking party illegal, you are also now completely liable for both the injured teenager and any action taken by the driver’s family.

Providing alcohol or a place to drink for anyone under 21 is illegal

Massachusetts has strong laws on the books about “furnishing” alcohol to any individual under the age of 21. To furnish means to knowingly and intentionally supply, give, or allow the possession of alcohol to those under 21. If found guilty perpetrators can face up to a $2,000 fine and up to a year in prison, not to mention the thousands, or potentially millions, of dollars in civil suits that could follow. Adults will be liable for any individual who gets drunk on their property – even if it’s a rented hotel room – and proceeds to cause damage or harm to any property or other individual. Homeowners insurance likely won’t cover these costs, especially if the intoxicated, underage individual causes damage or harm after getting behind the wheel of a car.

While parents might think that they are being cool and responsible by keeping a close eye on the activity, underage drinking is still underage drinking. The better approach is to always talk with your child about the dangers of underage drinking and what the consequences of such actions could be. While you can’t control every action your child makes, you can always control what goes on in your own home. Continue reading

November 29, 2016

If a Child is Injured on My Property, Am I Liable?

by Altman & Altman

Well, the short answer is, it depends. The fact that an injury occurred on your property does not automatically make you responsible. However, if negligence played a role, that’s an entirely different story. In addition, the rules of negligence are a bit different when children are involved. Read on to find out how to protect yourself from a lawsuit, and others from harm, due to premises liability and negligent supervision.

What is negligence?

Consider the following scenarios. In scenario A, an older gentleman with mobility issues injures himself when he falls on your dry, level, well-maintained driveway. In scenario B, that same gentleman steps into a large pothole in your driveway, falling and injuring himself. In scenario A, the fall wasn’t due to negligence. In scenario B, it was. When you fail to maintain your property by keeping it safe, you may find yourself at the center of a premises liability lawsuit. Contact a Boston personal injury lawyer today.

The issue becomes more complex when children are involved. Let’s consider scenario C. Your kids have friends over. One of the children is running on your dry, level, well-maintained driveway, when he falls and breaks his arm. A neighbor runs over to help the crying child. You are nowhere in sight. Ten minutes later, you return from a different neighbor’s house where you were having coffee. Even though the accident wasn’t caused by a poorly maintained property, you may be liable for negligent supervision because the child wasn’t properly supervised. In the scenario with the older gentleman, supervision wasn’t a factor. With the child, it is.

Attractive Nuisance

Another factor that is special to injury lawsuits involving children is something called an “attractive nuisance”. If your property contains an attractive nuisance, you don’t even need to invite a child onto your property, or be aware that he or she is there, to be found liable for an injury suffered on your property.

A swimming pool is the most obvious example of an attractive nuisance. If you have a swimming pool on your property, it must be properly secured at all times, even if you are not using it. As an attractive nuisance, a swimming pool increases your liability exposure. If you adhere to all rules and regulations, your risk of liability is much lower. For example, if a child sneaks in and drowns, but your pool had proper fencing, locks, a pool cover, alarms, and met all state requirements, you are much less likely to be found liable than if the locks were broken, the fencing wasn’t high enough, or a gate was open. In addition to swimming pools, trampolines and construction sites can also be classified as attractive nuisances. Contact a Boston injury lawyer today. Continue reading

November 28, 2016

Is Your Elderly Loved One Safe In Their Nursing Home?

by Altman & Altman

There are more than 40 million people over the age of 65 living in the United States today. In fact, this demographic – known as the baby boomers – accounts for the largest percentage of our nation’s population. Many in this age group are living independently, working, and even traveling around the world. But some, especially those on the older end of the spectrum, are beginning to need help with everyday tasks, such as eating, bathing, and dressing. When older adults are no longer able to care for themselves, they are sometimes placed in nursing homes. Although the vast majority of these establishments provide excellent care, abuse and neglect is not uncommon. Some experts estimate that up to 40 percent of all nursing home residents have been abused or neglected at some point.

The disturbing reality is that much of the abuse and neglect suffered by nursing home residents goes unreported or underreported. In fact, a study recently published by Cornell University and the New York City Department for the Aging, reveals that elder abuse may be 24 times greater than the cases that are actually reported to the authorities. An earlier study done by the National Center on Elder Abuse in 2000, revealed that more than half of nursing home staff surveyed admitted to neglecting, or otherwise mistreating, residents in some way. If you are concerned about your loved one’s well-being, contact a Boston nursing home abuse lawyer today.

Abuse and Neglect Come in Many Forms

Abuse doesn’t always result in bruises and broken bones. Emotional abuse and other acts, such as withholding food, can be just as painful and traumatic. Below are common types of physical and emotional abuse suffered by elderly nursing home residents:

Over-medication or withholding medication
Over-feeding or withholding food
Falling or injuries due to neglect
Inappropriate physical restraints
Using isolation as punishment
Using threats to force residents to cooperate
Manipulating or intimidating residents to convince them not to report abuse
Assault or sexual assault

Signs of Nursing Home Abuse and Neglect

Considering that incidents of elder abuse and neglect often go unreported or underreported, it is important to watch for signs when a loved one is in a nursing home. The signs below are commonly associated with abuse and neglect:

Sudden and unexplained weight loss
Dehydration
Evidence that personal hygiene is suffering
Bedsores
Bruises
Fractured bones
Presence of unapproved restraints
A dirty or excessively-cluttered room
Lack of communication when your loved one’s health or quality of life has changed
Missing personal property
Loved one appears withdrawn, frightened, or confused

November 23, 2016

OSHA Cites Contractor with Multiple Safety Violations Following Inspection

by Altman & Altman

Following an inspection by the Occupational Safety and Health Administration (OSHA), a Wolcott, Connecticut contractor has been cited for multiple safety violations. When inspectors drove by a work site at 55 Rodgers Lane on May 4, 2016, they observed workers on the property’s roof, without proper fall protection gear. Although they were wearing safety harnesses, the harnesses were not connected to any type of anchor. The inspectors instructed the foreman to remedy the issue, and the workers immediately anchored their harnesses.

During a follow up visit two days later, and another on May 12, inspectors again found workers atop a roof with unanchored safety harnesses. An unanchored harness can actually be more dangerous than no harness at all; it provides a false sense of protection. “This employer exposed its employees deliberately to potentially deadly or disabling falls on multiple occasions, and has a history of fall-related violations at job sites in Connecticut. This is unacceptable,” said Patrick Griffin, OSHA’s local director. “Falls are the leading cause of death in construction work. That won’t change unless employers take seriously their responsibility to provide safe working conditions for their employees.”

OSHA cited M&M Roofing for multiple violations, including:

A willful violation for inadequate fall protection.
Failure to properly train employees on fall hazards.
Improper ladders for the job; for purposes of stability, ladders must extend a minimum of three feet above the next level. The contractor’s ladders did not.
Open, unguarded holes in the roof. In 2013 and 2014, OSHA cited M&M Roofing for similar violations at Manchester and Watertown work sites.
Failure to provide adequate ladder safety training for workers.
Failure to provide adequate eye and face protection for certain workers, specifically those who use pneumatic nail guns and a leaf blower.

For the above violations, OSHA proposed fines totalling $185,194.

Falls – Number One Cause of Construction-Related Fatalities

Of the 899 construction-related fatalities in 2014, 345 were due to falls. In every one of these cases, the death was preventable. OSHA’s “Fall Prevention Campaign” is a great resource for how to prevent serious injuries and deaths due to falls. The campaign includes three main points:

Plan ahead: Before the start of any project, employers must determine how the job will be accomplished, what tasks will be involved, and what safety gear and equipment is needed for each task. Cost estimates should include safety equipment.
Provide appropriate gear and equipment: Every job requires different equipment. For example, ladders must extend at least three feet about the next level. Some jobs require scaffolds, some do not. Rooftop workers should use personal fall arrest systems (PFAS), but it’s equally important to make sure the harness fits, is in good working order, and is always anchored.
Train workers on safe use of equipment: The best safety equipment in the world is useless if the user doesn’t know how it works. Workers should be trained in proper set up and use of all equipment, including ladders and scaffolds, and fall protection systems.

If you are concerned about unsafe working conditions at your place of employment, you can contact OSHA on their toll-free hotline at 800-321-OSHA. If you have been injured in a work-related accident, contact a MA work injury lawyer today. Continue reading

November 21, 2016

Duxbury Worker Killed at New Home Site on Saturday

by Altman & Altman

A tragic accident in Duxbury on Saturday left a 28-year-old man dead. Jason Sanderson, of Carver, was using a chop saw when the saw kicked back, striking him in the neck. Sanderson was rushed to the hospital with a severe neck wound, an injury that later proved fatal. Sanderson died at the Beth Israel Deaconess Hospital in Plymouth. Sanderson and another worker were excavating an underground water line during the construction of a new home at 900 Tremont Street. In a statement, Duxbury Police Sergeant Dennis Symonds, said the accident occurred around 2 p.m. on Saturday.

According to investigators, the chop saw Sanderson was using “became bound”, then popped back, making contact with his throat. The company Sanderson was working for has not been released. The incident is currently under investigation by the Occupational Safety and Health Administration (OSHA) and the Duxbury Police Department. No foul play is suspected. If you’ve been injured in a work-related accident, contact a MA work injury lawyer today.

Common Causes of Construction Injuries and Death

November 18, 2016

10 “Worst” Toys of 2016

by Altman & Altman

Santa Claus may be coming to town soon, but careful parents will be making sure that he’s not carrying any of these toys in his bag. Every year, World Against Toys Causing Harm (W.A.T.C.H.), a child toy safety group, puts out a list of ten of the “worst” toys to buy if you care about your child’s ultimate safety. Being labeled the “worst” doesn’t necessarily mean that your child can fashion the toy into a metallic shiv or that they can produce fulminated mercury with its contents, it simply means that the toy fails to properly warn parents of potential dangers with the product, or omits important safety information that parents should implement.

The list includes:

Slimeball Slinger – A projectile-shooting toy that can supposedly launch “slimeballs” over 30 feet. The toy safety group says it carries a risk of eye injuries.

The Good Dinosaur Galloping Butch – Based on the Pixar box office smasher, this toy has a spiny tail that the safety group alleges could cause harm to a child’s face.

Nerf Rival Apollo Xv-700 Blaster – As with all Nerf guns, and any kind of dart gun or projectile-shooting toy, this product carries a potential for eye injury. On the box, children are seen playing with a protective mask, but the toy safety group says that masks are not sold with the product.

Banzai Bump N’ Bounce Body Bumpers – The product manufacturer instructs in tiny print that children should wear protective gear such as helmets when crashing into one another wearing these inflatable toys, however the children on the box are not wearing any protective gear.

Peppa Pig’s Muddy Puddles Family – The toy allegedly doesn’t warn about choking hazards for two-year-olds, despite marketing the product for children aged 2 years and older. Some packages say ages 3 and older, which the toy safety group lists as an inconsistency.

Kids Time Baby Children’s Elephant Pillow – The image on the advertisements allegedly show an infant snuggling with this pachyderm pillow, however marketing pillows for children under the age of one is supposedly banned by a federal safety act. There are no warnings listed on the product.

Peppy Pups – The toy has a pull-string which can reportedly reach a maximum of 31 inches, despite safety regulations requiring children’s playpens to be a maximum of 12 inches. W.A.T.C.H. warns this toy has a serious risk of strangulation.

Flying Heroes Superman Launcher – W.A.T.C.H. asserts that the spinning, spectacular, supersonic super hero could harm children if it hits them in the eyes.

Baby Magic Feed and Play Baby – The toy contains a spoon small enough that could block a child’s airway if inhaled.

Warcraft Doomhammer – Simply enough, W.A.T.C.H. warns that kids could injure themselves or others by using this rigid, plastic battle hammer as it is seemingly intended to be used – as a war hammer. Continue reading

November 18, 2016

Adult Woman Sues for Injuries Suffered as an Infant

by Altman & Altman

A California woman claims that injuries she suffered as an infant resulted in long-term damage that will affect her for the rest of her life. Caron L. Stapleton, the guardian ad litem for Catherine Emily Phillips, filed a complaint earlier this month, alleging that Phillips suffered serious injuries in 1996 due to a defective BabyBjorn carrier, and that the victim will require care for the rest of her life.

The complaint, filed in the U.S. District Court for the Northern District of California against Regal Lager Inc. and BabyBjorn AB, alleged negligence and various other counts. According to the complaint, as an infant, Phillips fell through a leg opening in a BabyBjorn carrier. The incident resulted in permanently debilitating injuries to the brain. The plaintiffs allege that the injuries were due to a defective carrier. They are suing Regal Lager Inc. and BabyBjorn AB for reckless design and the manufacturing of an unsafe product. If you have been injured by a defective product, contact a Boston injury lawyer today.

Statute of Limitations on Personal Injury Claims

In Massachusetts, the statute of limitations on personal injury claims is three years. However, the type of injury claim can affect the time limit. Some defamation cases, for example, and claims involving minors are sometimes given longer time limits. In the above case, a number of unique circumstances and the fact that Phillips was an infant at the time of her injuries, will be taken into consideration. If you are considering filing a personal injury claim, contact a Boston injury lawyer today.

Defective Products

The vast majority of products we buy in this country are safe, but marketing pressures and competition have put consumers at an increased risk over the years. If you are injured due to a product that went to market before proper testing had been completed, or without adequate warning labels, you may be eligible for compensation for medical expenses, pain and suffering, and lost wages. Consumers have a right to expect a safe product, or to be adequately warned of associated risks. If a product you purchased caused you unexpected harm, you may want to consider a defective product lawsuit. There are three types of product defect:

Design: These types of defects are part of the actual design – they were defective from the start. In most cases, the product must be redesigned to be safe.
Manufacturing: Manufacturing defects occur during the manufacturing process. Although the design may have been sound, a glitch in the assembly or manufacturing process has created a dangerous defect.
Labeling: Some products have inherent risks and require adequate warning labels. For example, fireworks and prescription drugs are both useful products that people purchase every day. But both carry a serious risk of injury. If labels don’t adequately warn of associated dangers, you may have a defective product lawsuit on your hands.

November 17, 2016

Scary Study -Teens Report Watching Videos and Posting on Social Media While Driving

by Altman & Altman

Driving is difficult to do in and around Boston without any distractions, narrow roads, bicyclists, and rush hour traffic all lead to tough driving conditions. Now add in the fact the the driver may be a teenager and may be on his or her phone – now you have a recipe for disaster.

Smartphones are addictive for all of us, not just teens. But teens have an inherent sense of invincibility that can be especially dangerous when it comes to smartphone use and driving. For starters, many young people simply haven’t been around long enough to see the consequences of risky behavior. They are living in the moment, and can’t fully appreciate how quickly an accident can turn a life upside down. In addition to feeling invincible, kids just don’t have the instincts and experience to handle a potential accident as well as a more experienced driver. Combine all of those factors with the distraction of a smartphone, and it’s no wonder more than 200,000 teens are injured in car accidents annually.

According to studies, smartphone users check their phones an average of 85 times per day. And that includes many of us who grew up without these devices. Today’s teens are attached to their cell phones from a very early age; in many ways, the smartphone has become an extension of the person using it. A report issued by State Farm earlier this year revealed that teens involved in a crash report internet usage while driving, including watching videos, at more than three times the rate of those who are not involved in crashes. In addition to watching videos while driving, the same group reported texting, taking pictures, using social media, and playing games, at twice the rate of others. If you’ve been injured in a motor vehicle accident, contact a Boston injury lawyer today.

One-Third of Teen Drivers Report Talking and Texting While Driving

This isn’t a small group of teens who happen to be engaged in dangerous behavior. Research has shown that more than one-third of teen drivers talk and text while driving. Interestingly, the older the teen driver is, the more likely he or she is to engage in such behaviors. Studies also show that teens who engage in texting and driving are also more likely to engage in other risky behaviors, such as not wearing a seat-belt, speeding, and driving under the influence of drugs or alcohol.

As parents, we often feel that much of our children’s behavior when not at home is out of our control. But research doesn’t back this up. Children whose parents model safe driving practices, including not texting or using a cell phone in any way while driving, are significantly more likely to do the same. In addition, it is important to educate your children on the dangers of cell phones and driving. They may roll their eyes and seem to not be paying attention, but if you remind them to buckle up and put their cell phone in the glove box every time they get in the car, they are far more likely to heed your advice. Talk to your kids about driving safety all the time, and practice what you preach! Continue reading

November 14, 2016

Royal Caribbean faces another lawsuit

by Altman & Altman

A vacation on a cruise ship can be one of the most relaxing experiences of your life. Unfortunately, with thousands of other people potentially on board, huge decks with plenty of room for accidents, and the persistent dangers of the open sea, a cruise ship vacation can also lead to one of the worst experiences of your life. Whether you contract a communicable disease from other passengers or crewmembers, get sick from the food, are tossed violently during stormy seas or slip and fall on a pool deck that wasn’t properly dried, there is no shortage of ways for you to fall victim to a cruise ship company’s negligence.

The most recently publicized lawsuit against a cruise ship company just happened on Nov. 3rd, after a woman slipped and fell on a slippery pool deck while aboard a Royal Caribbean cruise ship. The plaintiff maintains that the cruise ship company did not properly warn passengers of the hazardous conditions of the deck and failed to keep the area clear of obstacles and foreign items that may lead to injury.

The plaintiff reportedly suffered severe injuries to her knee and hand, and is now taking Royal Caribbean to court seeking damages, as well as payment of her legal fees plus interest.

Other cruise ship lawsuits

Another case that gained significant press was when another Royal Caribbean cruise liner ventured out into a storm that they knew was happening. The plaintiff in this case sued because he was allegedly tossed around in the storm inside his cabin and sustained serious injuries. All Royal Caribbean offered the passengers in response was an apology and a refund of their fares. There were 6,000 passengers and 1,500 crewmembers aboard the ship as it headed into potentially-dangerous seas.

The last recent lawsuit happened in October, and the plaintiff alleges that Royal Caribbean was directly responsible for him contracting Legionnaires’ Disease – a pneumonia-like illness with an up to 30% fatality rate. It can be contracted through water that is aerosolized, such as the water spray that is created in hot tubs on cruise ships.

The plaintiff asserts that he was only notified that the Royal Caribbean cruise ship had, in past cruises, confirmed the presence of the bacteria that causes Legionnaires’ after he had already boarded and the ship had set sail; via a note slid under his cabin door. Despite the cruise ship company’s assessment that they had “properly treated” the contaminated spas and Whirpool machines with chlorine, two people were later found out to have contracted the disease. Continue reading