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If you’ve been injured in a slip and fall accident, there are certain steps you can take to ensure a positive outcome in your case. Because falls can be embarrassing, we are often quick to dismiss another’s negligence and assume the fall was due to our own clumsiness. However, in many circumstances, dangerous conditions caused the injury. Whether it is a stairwell that may not have been properly maintained, a wet spot on the floor, an uneven doorway threshold, or any other improperly maintained surface, your fall may have been the result of the negligence of another person or company. Not every slip and fall accident results in a case.   It’s generally a good idea to speak to an experienced injury lawyer to fully understand your rights.

Following a slip and fall accident, you may be facing significant medical bills and lost wages from time off work. When another’s negligence caused your injuries, you may be entitled to compensation for expenses, including pain and suffering and lost wages. But how do you ensure your claim is successful? The tips below can help you recover the damages you’re entitled to after a slip and fall accident.

Slip and fall injuries account for about one million emergency department visits every year, and they are the number one cause of workers’ compensation claims. Even more frightening, about half of all accidental deaths in the home are the result of slip and fall accidents.

Evidence from the Scene of the Accident

Physical evidence from the scene of the accident is immensely helpful to the outcome of a slip and fall case. Slip and falls can happen as easily in someone else’s home as in a store parking lot or other place of business. It is the duty of the property owner, including homeowner’s, to maintain reasonably safe conditions for guests. If a dangerous condition was present and the property owner knew about it – or should have known about it – he or she may be liable for your injuries.

  • One of the most compelling pieces of evidence you can present is the clothing and shoes you were wearing at the time of the accident. This will allow you to show that your footwear was reasonable and appropriate, and that your clothing didn’t inhibit your movement or present the risk of falling.
  • It is also a good idea to document the scene of the fall through photographs and video, if possible. For example, if there was spilled liquid on the floor, or you tripped over clutter or debris, photograph these hazards.
  • Witness testimony is also helpful. If anyone was around at the time of your slip and fall accident, ask for their contact information. That way, if you need their account of what happened at a later date, you can follow up with them via phone or email.

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Across the United States, over 3.2 million adults are currently residents of nursing homes or similar long term care facilities.  Up to 40 percent of adults will live in a nursing home at some point during their lives, and this percentage is expected to increase as the population ages.  Although many of these adults are well taken care of at these facilities, many of them suffer abuse by the nursing home and facility staff.  Abuse that occurs at elderly facilities can be difficult to detect; for every case of abuse that is reported, there are five cases that go unreported.  Aside from the pure fact that this abuse is inherently wrong, it can also have other effects on the health of those abused.  For example, seniors who have been abused are 300 percent more likely to die within the 3 years following the abuse compared to those who do not suffer abuse.  This abuse is more prevalent than many would like to believe.  One particular survey of residents of nursing homes showed that 44 percent of residents reported being abused while living at the nursing home and 95 percent said they had witnessed another resident mistreated by caregivers.   Even with the anti-elder-abuse laws enforced in all 50 states, abuse in nursing homes still runs rampant.

Nursing home abuse can take several forms.  Physical abuse is one type of abuse that causes physical harm to a resident, either intentionally such as hitting or pinching or through neglect of the resident.  Sexual abuse is another type of abuse that can occur which involves unsolicited sexual attention or exploitation.  This includes sexual focus on patients who cannot verbally or physically express their wishes, a resident with dementia for example.  Psychological abuse is less clean cut, but can include yelling, humiliating, or shaming patients.  Financial exploitation occurs when caregivers take advantage of residents’ financials by directly stealing from them or participating in financial fraud using the patients’ names.  Neglect is a form of abuse that commonly occurs when homes are understaffed and can include insufficient food, water, and clothing provided to the patient or failing to take care of the patients’ personal hygiene.  The aforementioned abuses are most often a result of the caregivers actions, but there can also be resident-to-resident abuse in which patients are allowed to abuse each other.

There are several notable signs of the various kinds of nursing home abuse.  These include physically visible signs such as broken bones or fractures, bruising, cuts, bed sores, frequent infections, signs of dehydration, unexplained weight loss and poor physical appearance or lack of cleanliness.  Certain changes in the mental or emotional state of patients can also signify abuse.  These changes include general change in mental status, mood swings or emotional outbursts, reclusiveness or refusal to speak, refusal to eat or take medications and caregivers not wanting to leave patients alone with others.  Although these symptoms do not guarantee nursing home abuse, any of these signs should be further investigated to rule out possible abuse. Continue reading

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Going for a walk is the healthiest thing that many of us do all day. Fresh air, exercise, and endorphins are all essential to physical and mental health. But walking isn’t without risks, especially in cities and high-traffic areas. As the number of cars, trucks, motorcycles, and bicycles on city streets increases, so does the risk of pedestrian injury accidents. If you are injured in a collision with one of these vehicles while walking, should you sue?

This is a question our firm receives frequently, some of the things to consider is of course is the severity of the injury. Also, if you will miss time from work? If you medical expenses will be ongoing? How much this accident will impact your life now and in the future? These questions and many others should be considered when deciding whether of not to file a lawsuit.

Struck by a Motor Vehicle?

When a pedestrian is struck by a car, truck, or motorcycle, legal liability will depend on whether or not the motor vehicle driver was negligent. How can you illustrate driver negligence? If it can be proven that the driver was speeding, failing to obey traffic signals, or distracted or intoxicated, you have a good chance of obtaining compensation for any injuries that were a direct result of the accident. How can you prove these things? It’s not always easy, but detailed information, witness testimony, police reports, and photographs can help your case immensely. Photograph the scene of the accident and any injuries you sustained from multiple angles, and do the same with property damage to the vehicle and any surrounding property.

Struck by a Bicycle?

Although not usually as serious as motor vehicle-pedestrian collisions, bicycle-pedestrian collisions can still result in injuries. As cycling grows in popularity – for much the same reasons as walking – so do accidents involving bikes and pedestrians. Similar to collisions involving motor vehicles, injured pedestrians must show negligence on the part of the cyclist to have a successful claim. If a cyclist was disobeying traffic signs or signals, intoxicated, or distracted due to texting or talking on the phone, you may be able to show that his or her negligence caused the accident. Continue reading

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Bounce houses are temporary inflatable structures that are often rented for birthday parties, festivals, and other recreational purposes for use by children in and around Massachusetts. These houses are most common during the warmer weather.  Although a popular activity for parents to treat their youngsters with, bounce houses may have a hidden danger as a study published by the University of Georgia reports.  The new study highlights heat safety concerns with bounce houses that can endanger children.  The University of Georgia examines the theory of microclimates within the bounce houses.  The study investigated the potential heat-related risks that can be caused by microclimate environments in bounce houses, similar to microclimates in parked cars.  Parked cars have been notoriously dangerous on hot summer days, especially when children and pets are involved.  The report expands upon this danger and researches if the same risk could be applicable in bounce houses.  The paper titled, “Do Inflatable Bounce Houses Pose Heat-related Hazards to Children” was published July 28 in the early online edition of the Bulletin of the American Meteorological Society.  Specifically, the study compared temperature and moisture conditions inside the bounce house to the open-air climate outside the bounce house, as well as any consequential health risks that could be sustained form such conditions.  “Heat illnesses like heat stroke can be deadly and occur in children participating in sports, left alone in parked cars, and as our study shows, potentially when playing in bounce houses,” said Andrew Grundstein, UGA professor of geography and co-author on the study.  “Children are more sensitive to heat than adults and parents need to carefully watch their children for signs of overheating when active on hot and humid days. Signs there is a problem may include fatigue, nausea, vomiting, dizziness, and flushed, moist skin.”  Continue reading

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Dietary supplements and vitamins are a part of the daily routine of many Americans, but a recent report provides evidence that these daily supplements may actually be harmful to our health.  Consumer Reports published this report in which it showed that the makers of such dietary supplements do not have to adhere to many rules or regulations from the U.S. Food and Drug Administration.  Without adequate guidelines for supplements, retailers and pharmacists may be unaware of potential side effects and drug interactions that can occur.  Another problematic element noted in the report is that these supplements are regulated as food, not as prescription drugs.  Therefore, the supplements do not need to be proven safe and effective and they are exempt from the rigorous procedures and testing that prescriptions drugs must undergo by the FDA.  Ellen Kunes, health editor at consumer reports, urges customers to do more research than just glancing at the label of supplements.  “Supplements have labels that don’t necessarily tell you what they are good for, how they are going to work, whether they will work,” she said. “You can’t trust that they’re going to work or that they will be safe just by looking at the label.”  In its report, Consumer Reports stated that almost 23,000 people are sent to the emergency room as a result of taking supplements every year.  Doctor Marvin Lipman, Consumer Reports’ chief medical advisor, offers a solution to concerned customers.   He instructs customers to look for a USP (U.S. Pharmacopeia) label, which signifies the company has verified the ingredients and information that is on the label.  “There’s a paucity of products that are taking advantage of the approval process for responsible companies,” said Lipman.  “Without verification, you cannot be sure that what’s on the label is in the bottle.” Continue reading

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House and Senate lawmakers reached a decision late last night regarding online transportation companies like Uber and Lyft.  This brings an end to one of Massachusetts’s most high profile political debates.  Both chambers approved the bill and have sent it off to Governor Charlie Baker’s office.  The final bill that was agreed upon is a product of a six-member committee of House and Senate negotiators who developed a compromise between the two opposing “Uber bills” proposed by each chamber.  The final bill includes a state-run background check for Uber and Lyft drivers with a 20-cent-per-ride fee on the companies.  In the past, Uber and Lyft have stopped service in several cities in the U.S. for regulations they considered overly oppressive.  In this case of legislation, the two companies supported the Senate’s stance on the bill and outwardly condemned the House’s plan.

Lyft released a statement shortly after midnight applauding the final bill, saying it is a “common sense legislation that sets high safety standards.”  Uber did not make an immediate statement, but the compromised bill seems to conquer many of the problems the company had with the House’s proposal.  This bill was also good news for the riders that often use the Uber and Lyft apps.   One clause of the House’s bill proposal that would prohibit Uber and Lyft drivers from picking up from areas like Logan Airport, the Boston Convention and Exhibition Center was not included in the final bill.  Although Logan already has a ban that prohibits most Uber and Lyft drivers from picking up riders, the bill presented by the House would have solidified this ban for five years.  Now, it is possible for Logan to renegotiate with Uber and Lyft in the future and potentially lift this ban.  The convention center officials resisted the plan to ban the companies from their property.  Continue reading

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Volkswagen AG has taken another step towards rebuilding relationships with its customers after the Environmental Protection Agency (EPA) discovered the company cheated on vehicle emissions tests.  In September, Volkswagen confessed to installing software in its U.S. vehicles that identified when the vehicles were being tested, thereby altering the car’s performance accordingly to improve test results.  This resulted in the vehicles emitting 40 times the legal amount of pollution.  The consequential settlement includes almost 500,000 U.S. customers and government regulators and is valued at $4.7 billion.  The recent accomplishment by VW in the settlement includes preliminary approval for VW to buy back up to 475,000 vehicles from its customers with diesel engines.  U.S. District Judge Charles Breyer also set a date for potential final approval on October 18 in San Francisco.  The preliminary approval that has just been granted allows owners of 2.0 liter diesel-powered Volkswagen vehicles to determine how much money they are eligible to receive by going online a website.  Announced in June, the settlement is the largest automotive buyback in U.S. history, as well as the most expensive scandal rooted in the auto industry.  The future buybacks, potential vehicle repairs, and financial dues to government agencies account for $10 billion of the total settlement value.

Volkswagen has been working with regulators to establish various solutions to the emission problem, all which must be approved.  Two already discussed solutions are software renovations and the installation of new catalytic converters.  These fixes only apply to the 2.0-liter models, but VW is in the process of developing a proposal to fix 85,000 3.0-liter vehicles.  This comes after an initial proposal was rejected by the California Air Resources Board said a Justice Department lawyer.  This initial proposal included VW and Audi vehicle model years 2009-2016 but was deemed “insufficient” to adequately fix the emission problems.  Since the rejection, VW has been conversing with regulators about an improved proposal said Joshua Van Eaton, a Justice Department lawyer.  Breyer is hoping for updates on the solutions for 3.0 liter vehicles during an August 25 hearing.  Continue reading

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Anyone who owns a motorcycle in Massachusetts will tell you his or her favorite season is summer.  The warm temperatures and sunny skies are the ideal climate for passionate motorcycle riders.  Even more motorcycle riders are out and about these days.  According to the Motorcycle Industry Council, sales of new motorcycles have been up more than 8 percent through the first quarter.  However, motorcycles are also notoriously dangerous vehicles.  In 2014, 4,586 people died and 92,000 people were injured in motorcycle crashes according to the National Highway Traffic Safety Administration.  Noticing the sales growth and hoping to learn how to increase motorcycle safety, Progressive Insurance analyzed data acquired from its motorcycle claims data from 2014 to see what information could be used.  From Progressive’s data from 2014, the insurance company discovered:

  • Four of the top 10 days that experienced the most claims for customers occurred in June.
  • Most motorcycle accidents occur in the summer months with Saturdays being the most dangerous day to ride.
  • July experienced 78 percent more claims on average than any other month in the year
  • In 2014, Progressive had more single-vehicle motorcycle claims than the next three most common claims collectively, those being rear-end accidents, intersection accidents, and stolen motorcycles.

Although motorcycle riders should be vigilant while driving all the time, Scott Hall, Progressive’s motorcycle product manager, urged for even more attentiveness in the summer months.  Most accidents involving motorcycles are single-vehicle accidents, meaning the only vehicle involved is the motorcycle.  Hall linked the effect winter can have on roads, especially in northern cities with harsher winters, saying winters can be “absolutely brutal on roadways across the country, so looking ahead for potholes and leaving plenty of room between you and the vehicle in front of you will help avoid accidents.” Continue reading

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The Center for Disease Control reported 4.5 million dog bites in the United States between 2001 and 2003.  Annually, over 350,000 people visit the emergency room and 850,000 people need some sort of medical attention as a result of dog bites.  The losses from the injuries total over $1 billion every year.  Though there are millions of dog bites annually, only 15,000 to 16,000 of these victims receive compensation from homeowners insurance and renters insurance companies every year.  The average insurance payment for a dog bite case is just under $30,000.  If you are have been bitten by a dog or are the owner of a dog, you need to be aware of liability laws particular to your state and the compensation that you may be entitled to.

There are several laws in Massachusetts that are relevant to dog bite lawsuits.  First is the statute of limitations for filing personal injury lawsuits.  In Massachusetts, the statue of limitations is three years.  This means, a person has three years from the date of their injury to file a personal injury lawsuit.  This statute of limitations must be adhered to if you wish to bring your case to court.  If you fail to file before the three-year deadline, you will likely not be able to bring your case to trial.  In addition to the general statute of limitations, Massachusetts has a specific statute regarding dog bite injuries.  The law can be found in Chapter 140, Section 155 of the Massachusetts General Laws.  This statute states the liability dog owners have.  According to this statute, a dog’s “owner or keeper” is liable if the dog causes personal injury or property damage, and the injured person was not trespassing, committing another tort, or provoking the dog.  This liability not only applies to dog bites, but also to any injury caused by a dog.  For example, if while you are walking down the street, a neighbor’s dog runs up and jumps on you, causing you to fall over and sustain an injury, the owner can be found liable.  Note the law applies to property damage as well, including damage to livestock or damage from a dog chewing on other people’s belongings.

The way dog bite cases are handled differs depending on the state.  Most states are considered either “negligence” or “strict liability” states.  Massachusetts is a “strict liability” dog bite state.  This means that dog owners are still held liable for bites and damage caused by their dogs even if the owner had no knowledge that the dog would cause injury or property damage.  The victim does not need to prove the owner of the dog is at fault for the injury or damage under this law.  Again, this law does not only apply to dog bites, but any injury sustained or damage to property.

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Meconium aspiration syndrome (MAS) is a condition that newborn babies experience after they have breathed (aspirated) meconium into their lungs during or shortly before birth.  Meconium is dark green, sterile fecal matter that is found in the intestine before birth, distinct from stool because it does not contain bacteria.  MAS is a leading cause of severe illness and death in newborns, affecting 5 percent to 10 percent of newborns.  It is especially common when the fetus is under stress, often during labor, and can be exacerbated when the infant is past its due date.  Typically, the meconium is not released in the womb, but intrauterine distress can motivate the fetus to expel the fecal matter under certain conditions present at birth, such as inadequate oxygen in the blood.  This same stress may also cause the fetus to forcefully gasp, thereby inhaling the recently expelled meconium.

Symptoms of meconium aspiration syndrome include: bluish skin color in the newborn; breathing issues; dark, greenish staining or streaking of the amniotic fluid or the obvious presence of meconium in the amniotic fluid; limpness in the newborn at birth.  There are several ways to diagnose MAS.  Before birth, MAS may cause a slow heart rate, which can be detected by a fetal monitor.  At birth, meconium can be found in the amniotic fluid.  The most accurate test for MAS is using a laryngoscope to look for meconium stains on the vocal cords of the infant.  Abnormal breathing sounds, specifically coarse and crackly breathing, can point to MAS.  MAS is also characterized by low blood acidity, decreased oxygen and increased carbon dioxide in the blood.  A chest X-ray may also be used to look for patchy or streaky areas in the lungs.

A newborn’s mouth should always be suctioned once the head is out, which can help prevent MAS.  However, once MAS is diagnosed, there are other treatments available.  Such treatments include, antibiotics for infection; breathing machine to keep the lungs inflated; using a warmer to keep the infant at a normal body temperature; and tapping the chest to loosen secretions.  Typically, the prognosis for infants who experience meconium aspiration syndrome is excellent.  MAS is usually quickly treated and there are no long-term side effects.  Some infants may experience breathing problems for two to four days, but these quickly subside.  Although rare, more severe cases may cause long-term respiratory or developmental problems.  In such severe cases, meconium aspiration syndrome can deprive the brain of oxygen, causing permanent brain damage.  This can lead to the development of cerebral palsy, developmental disabilities, physical disabilities, or mental retardation. Continue reading

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