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Distractions aren’t just dangerous while you’re driving. Texting, emailing, and talking on your cell phone while walking can result in serious injuries. In fact, a 33-year old Indiana man recently plummeted to his death when he failed to notice the edge of a cliff in coastal California. And it’s the same story nationwide. Take a stroll through Boston any day of the week and look around. Zombie-like pedestrians seem to be on autopilot as they cross busy intersections, walk under construction scaffolding, and even push strollers, all while staring at their phone screens. Contact a Boston Injury Lawyer Today.

Distracted walking has become so dangerous that the National Security Council has recently added it to its annual injury report as a new category. There are seemingly endless videos of distracted walking accidents on the internet, typically uploaded to garner laughs. However, many accidents related to distracted walking are quite serious. Distracted pedestrians have been struck by bicyclists and motor vehicles, have walked off train platforms, and have fallen into swimming pools. Being distracted also increases your risk of being mugged, or otherwise assaulted.

Distracted Walking E.R. Visits Skyrocket

Certain municipalities have tried methods of reducing distracted walking-related accidents, such as Idaho’s no-texting ordinance at crosswalks, Delaware’s painted crosswalks, and London’s padded lampposts. However, the problem keeps growing. Technology continues to improve and cell phones come out with more features every year. Added features increase our dependency on our cell phones, and this translates to more screen time. For many of us, city-dwellers especially, walking and subway commutes are the perfect time to communicate with friends, complete work tasks, send emails, and take care of online errands. Although it may seem convenient to kill two birds with one stone, it is important to do so wisely. Always remove your eyes from the screen when you are crossing any street or intersection. Emergency room visits for distracted walking-related accidents have risen sharply in the last five years.

Distracted Walking Statistics

There are approximately 1,500 annual emergency room visits for injuries related to distracted walking.

The number of distracted walking-related emergency room visits doubled between 2005 and 2010.

Millennials ages 21-25 are most at risk of distracted walking injuries.A recent study showed that people veered off course 61% of the time when distracted by their phone.

Falls cause 80% of distracted walking injuries.

More than 50% of distracted walking accidents occur in the home.

University of Alabama at Birmingham Professor, David Schwebel, studies what is happening to the brain when a person is texting and walking. According to Schwebel, “Walking actually involves a fair amount of complexity. Our brain has to work hard to make sure we walk safely, especially near traffic. Our brain also has to work hard to text message. It has to think about who you’re reading, how to respond, how to type. Brains can only handle so much. If we give the brain too much to do, mistakes can happen.” Continue reading

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There seem to be more bicyclists on Boston’s roads every year. Considering the health and environmental benefits of bicycling, this is great news for everyone. But there is a flip-side. Unfortunately, there is as much controversy surrounding bicyclists as there is praise for their healthy way of life.They often get little respect from car and truck drivers who feel that they intentionally take up extra space on the road, leaving drivers no choice but to drive slowly behind cyclists or swerve into oncoming traffic to maneuver around them. Contact a Boston Injury Lawyer Today.

Certainly there are rude bicyclists on the road, but the vast majority are extremely respectful of drivers, other cyclists, and road rules in general. In order to mitigate the risk to cyclists, several new bills aimed at protecting them will be the focus this week at the Statehouse’s first public hearing of the year. According to Richard Fries, executive director of MassBike, the bicycling advocacy group hopes to hear testimonies from “the families and friends of victims whose lives and limbs may have been spared if these laws had been in place,” at Wednesday’s hearing before the Legislature’s Transportation Committee.

Side-guards on Large Trucks May Save Lives

In 2014, Boston passed an ordinance that requires the installation of side guards on large vehicles such as tractor-trailers. According to bicycle safety activists, over half of all bicyclists involved in fatal collisions with large trucks are swept underneath after first hitting the truck’s side. The installation of side guards may help to reduce fatalities by blocking cyclists from being pulled beneath the wheels of a large truck.

Bicycling advocates want to see more steps taken to ensure the safety of cyclists, drivers, and pedestrians alike. They are pushing to see the introduction of a bill at Wednesday’s hearing that would require drivers to leave 3 feet of space between their vehicle and a bicyclist, even if doing so requires crossing the center-line. This bill would add bicyclists to the category of “vulnerable users,” which includes police and other emergency personnel, pedestrians, and construction workers.

Bill Proposes Fine for Parking in Bike Lanes

Another bill on the table would impose a $100 fine on drivers who stop or park in any designated bike lane. These lanes are typically marked with painted lines on the street. When drivers block these lanes, it can force bicyclists to veer into traffic to avoid hitting a parked car.

 

At Wednesday’s hearing, in addition to the above bills, cycling advocates hope to see a fourth bill come up that will require motorists to yield to pedestrians and cyclists who are in the crosswalk section of a bicycle path. The current law states that bicyclists should get off their bikes and walk through bicycle path crosswalks with other pedestrians. However, cycling advocates claim this is unrealistic. Continue reading

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Boston’s first snowfall of the 2015 / 2016 winter season has prompted the question – who is responsible for shoveling the sidewalks and walkways of rental properties? According to the city of Boston, landlords, not tenants, are responsible for shoveling the sidewalks. However, lease terminology and recent changes to a 125-year-old law have resulted in some confusion among landlords and renters alike. Contact a Boston Injury Lawyer Today.

Facts and Figures – 

Boston Landlords Are Responsible for Snow and Ice Removal: If the landlord does not comply, the tenant can notify the city by dialing 311. The “Massachusetts Rule” law, which was in place for 125 years, permitted property owners to leave naturally accumulating snow on walkways without fear of liability. However, that law changed in 2010 and now landlords are responsible for keeping their property entirely free of dangerous snow or ice accumulation.

Transfer of Responsibility: Although it is the landlord’s responsibility to remove snow and ice from property walkways and sidewalks, it is not uncommon for this responsibility to be transferred to the tenant in the rental lease agreement. If the tenant signs off on this agreement, then he or she is responsible for removing snow and ice.

Owners Beware: But what if someone gets hurt? If someone suffers injuries after slipping on snow and ice, who is at fault? If the accident occurs on another’s property, the owner of that property can be held liable in any personal injury or property damage lawsuits. This is even true if the property is rented and the responsibility for snow and ice removal has been transferred to the tenant in the rental lease.

The Three Hour Rule: Once snowfall stops, property owners have three hours during which to clear the sidewalks. If the snowfall occurred overnight, the property owner has three hours after sunrise to complete this task. If snow is not cleared within that time frame, the property owner may face fines.

Avoid the Ambulance: Slip and falls account for over 1 million emergency room visits every year. According to the CDC, in 2005 more than 15,000 people age 65 and older died from slip and fall injuries. If you are a property owner, it is essential to keep walkways and sidewalks free of dangerous snow and ice accumulation at all times. Not only will this protect you from lawsuits, it may save lives. Continue reading

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A nursing home in Brockton is under fire for racking up multiple health and safety violations while the owners extracted $1.8 million in pay last year. Braemoor Health Center is owned by parent company, Synergy Health Centers, which owns a total of 11 nursing homes. Concerns about Synergy-owned centers have begun to emerge, including complaints about medication errors, inadequate training of staff, and improper treatment of festering pressure sores. When Synergy entered the Massachusetts market in 2012, it had no previous record of owning nursing homes. Today, it presides over the care of more than 1,200 residents in the state. Contact a Boston Nursing Home Negligence Attorney Today.

According to a Globe investigation, Synergy provided false information in its nursing home license applications. Even though there were federal tax liens against the Braemoor property in 2013 and 2014, Synergy stated that all taxes were paid up on the application for licensure.

Braemoor Nursing Home Owner Has Arrest Record

In addition, Larry Lipschutz, owner of the Braemoor property and part owner of eight more Synergy nursing homes, has an arrest record. The native New Yorker received fines in the tens of thousands of dollars for a New Jersey apartment complex that he owned and ran into the ground. Ralph Caputo, a New Jersey state Assemblyman who assisted tenants with lobbying for repairs spoke about the severity of the situation. “There were broken windows, flooded areas, rats. It was unbelievable,” said Caputo. During a March 2004 inspection of the property, state inspectors cited Lipschutz for approximately 1,400 violations. He was arrested after pleading guilty to the violations. Lipschutz received $49,369 in fines, but state regulators offered to cut those fines in half if he addressed the problems. According to New Jersey Department of Community Affairs records, he has only paid $3,000 and has neglected to fix the problems.

Two former Synergy staff members have alleged that the company purchased a suite at Gillette Stadium for $25,000 in 2013. “It really offended me because I had to do battle to get basic nursing supplies,” remarked one of the former staffers. During that same time period, Synergy began purchasing lower-quality adult diapers and less fresh fruit at its facility in Sunderland. In addition, the same facility was cited for more than a dozen violations. Continue reading

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Approximately 23 million Takata airbag inflators have been recalled in the US due to the potential for them to explode, sending metal debris flying. A young man has recently become the eighth person in the US, and ninth worldwide, to die from an explosive rupture when he was involved in a crash near Pittsburgh earlier this month. In addition to fatalities, the faulty inflators have also resulted in numerous injuries. These injuries and deaths typically involve low-speed crashes that would have likely been survivable. Contact a Boston Injury Lawyer Today.

According to the National Highway Traffic Safety Administration (NHTSA), the number of recalled vehicles with Takata airbags is increasing. Although it was already the largest and most complicated recall in the NHTSA’s history, new findings may result in hundreds of thousands of additional recalls.

Unsealed Documents Reveal Cover-Up

The potential for Takata inflators to explode was first brought to the manufacturer’s attention five years ago. Following the most recent death, previously sealed documents were opened as part of a new lawsuit against Takata. Within these documents were meeting minutes taken at Honda’s American headquarters, in 2009. The man who oversaw Honda’s manufacturing operations at that time, Hidenobu Iwata, was noted as questioning Shigehisa Takada, the president of Takata, on the severity and extent of the explosive defect. Mr. Iwata was quoted as saying, “I am constantly worrying how far it spreads out. I want you to study the reason quickly.” Also included in the minutes was further questioning by an engineer identified as Otaka. “Why does the propellant deteriorate with age? Why does it explode? I want to know the truth.”

Prompting the 2009 meeting was the death of 18-year-old Ashley Parham. The Oklahoma resident bled to death when her airbag ruptured in a crash, propelling a piece of metal debris into an artery in her neck. Following Parham’s death, approximately 4,000 vehicles were recalled. After the meeting between Honda and Takata, Honda recalled an additional 440,000 vehicles. However, both companies maintained that the defect was due to an isolated manufacturing problem. Takata declined to comment on the recently unsealed documents.

Recall Involves Hondas, Mazdas, and Subarus

The expanded recall will involve several hundred thousand Hondas, Mazdas, and Subarus. During the recall, the airbag inflators, which contain a propellant called ammonium nitrate, will be replaced. The safety of that propellant, generally reserved for large-scale uses such as mining, has been questioned by explosives experts. Unless it can be proven that ammonium nitrate is safe, all airbag inflators with the compound will be recalled. Currently, that number is in the tens of millions. Takata has received a $70 million fine from the NHTSA for failure to properly disclose the defect. However, that fine may rise by more than $100 million if it is determined that Takata did not adhere to the consent order terms. Continue reading

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A tragic accident at a Salem, New Hampshire Sears Auto Center has left one young man dead and another seriously injured. On Saturday morning, 22-year-old Sears Auto employee, Justin Almon, suffered life-threatening injuries when a tire he was filling “exploded off the machine,” hitting both he and a customer in the head. According to Salem police, the 911 call came in just before 8:00 a.m. When police arrived at the scene, they found Almon with blunt force trauma to the head and 23-year-old Adam Sproul, a customer who had also suffered serious head injuries. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Incident Under Investigation by OSHA

Almon was pronounced dead shortly after arriving at the Parkland Medical Center. Sproul, a resident of Boothbay Maine, was first transported to Lawrence General Hospital and then airlifted to Boston Medical Center. His condition has not been released. The Occupational Safety and Health Administration (OSHA) and the Salem Police Investigative Services Unit are currently investigating the explosion, but preliminary investigation shows that Almon was using an industrial tire changer to fix a large truck tire at the time of the accident.

Following the incident, Sears released this statement, “”First and foremost, our thoughts and prayers are with the family of our associate, and we send our deepest condolences to them.  We also send our thoughts and concerns to our customer who was injured in this tragic accident. We are working closely with local authorities as they investigate this matter.”

Defective Equipment Can Be Deadly

Certain occupations pose a much greater risk of serious injury and fatality than others. For example, mining, offshore drilling, and some construction-related jobs. However, freak accidents, such as the tragic incident above, can happen in any work environment. Even seemingly innocuous equipment should be operated with extreme care, and regularly maintained and inspected.

Further investigation into this case will likely reveal the cause. It may have been due to a design defect or manufacturing defect. If this is the case, the manufacturer may be liable. It is also possible that the accident was a result of employer negligence. If, for example, the equipment was sound at the time of purchase but hasn’t been adequately maintained, Sears may be liable for the employee’s death. Continue reading

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Chipotle is a popular Mexican restaurant chain, known for fast service and healthier options than many of its competitors. Lately, however, the restaurant is either making some seriously bad decisions or having a string of really bad luck. The most recent incident involved a Chipotle Mexican Grill in Cleveland Circle, a popular spot for Boston College students. Approximately 140 people, mostly BC students, developed severe nausea and vomiting after eating at the restaurant in early December. The outbreak of illness appears to be linked to norovirus, a highly contagious virus that is typically transmitted by contact with an infected person, or contaminated food, water, or surfaces. Contact a Boston Injury Lawyer Today.

Andrea C. Dow, the mother of one of the victims, sued Chipotle in Norfolk Superior Court this Thursday. She claims that her 16-year-old son, Alexander Keough, began throwing up within hours of eating at the Cleveland Circle restaurant on Dec. 4. By early afternoon the following day, “he was so sick he was almost catatonic,” said Dow. “He was sheet white. His heart was racing.” Keough was given fluids and anti-nausea meds at Boston Children’s Hospital. The family’s copay left them with a $350 bill, and the nightmare isn’t over yet. More than a week after the incident, Keough was still complaining of cramps and dizziness. A test confirmed that norovirus is still present in his system.

Cleveland Circle Chipotle Cited for Multiple Violations

An inspection of the Cleveland Circle Chipotle revealed several major violations, including improper heating of chicken and beef, and an employee who had been allowed to work while ill. In response to these violations, and the massive norovirus outbreak, the city ordered the location to close on Dec. 7. As of today, it has not reopened.

In an e-mailed statement, communications director for the chain, Chris Arnold said, “ As a matter of policy, we don’t comment on pending legal action. But I will note in incidents like this, we make it a priority to work with customers who have been impacted to resolve these issues.” According to Dow, her three teenage boys eat at Chipotle up to three times a week. “We believed in the brand,” she said. “I feel a little duped.”

Dow is suing for damages and reimbursement for legal and medical expenses. She cited similar outbreaks connected to Chipotle, including an E.coli outbreak that affected 52 people in nine states last month, and a norovirus outbreak in California that affected more than 200 people over the summer. “They knew about sicknesses and didn’t take proper precautions,” said Dow.

There are lawsuits pending against the Mexican restaurant chain for both of those incidents, as well as an E.coli and salmonella outbreak in Minnesota. Continue reading

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Several people were injured on Tuesday when a temporary construction wall collapsed in the Boston suburb of Malden. The collapse, which occurred in front of a Japanese restaurant on Pleasant Street, trapped 5 people before dozens of witnesses lifted the wall, freeing the victims. A mother, her husband, and their toddler were among the victims. The mother received non-life threatening injuries. Fortunately, her son was not seriously hurt. Contact a Boston Injury Lawyer Today.

According to Malden police Capt. Glenn Cronin, the collapse was likely due to a strong gust of wind. Deepti and Sudhir Soni were trapped under the fallen wall with their 2-year-old son. The mother was taken to the hospital immediately following the incident. Sudhir Soni reported that his wife was diagnosed with a C1 spinal cord fracture. She will need to wear a collar until the injury heals. The family was walking on the Pleasant Street sidewalk when the plywood barrier collapsed. According to witnesses, the toddler’s stroller frame protected him from serious injury.

“I Wouldn’t Wish It On Anybody”

The Occupational Safety and Health Administration (OSHA) is currently assisting local authorities with the investigation. In addition to the family of three, two other women, Albertina Pierre and Maureen Finn, were also injured. Pierre’s son said his mother was crying. “She was like ‘Isaiah I could have died,’” he said. Finn also recounted the traumatic experience. “It was so heavy it was unbelievable, I wouldn’t wish it on anybody,” she said. “I had walked by it several times, I thought it would be light, but it just crushed all of us.” Paul Frazer, who was in a nearby jewelry store, was one of many witnesses who rushed out to help when the wall collapsed. “We didn’t know what happened so we just kind of ran out there and we saw some people underneath, we heard a baby crying, just tried to lift it up and get the people out from underneath,” he said.

You Just Never Know

Fortunately, nobody suffered life-threatening injuries in Tuesday’s incident. However, it serves as a good reminder that ‘freak accidents’ can happen at any time, in any place. Living in the city, most of us walk past temporary construction walls and scaffolding multiple times each day. While the vast majority of these structures are sound, exceptions do exist. In fact, a similar incident occurred last week when construction staging collapsed in the North End, injuring a worker. Always use caution when walking beside, or under, these types of temporary structures. Unfortunately, when they do fall or collapse, injuries are common and can be serious or even fatal. This year, multiple scaffolding and staging collapses resulted in fatalities in New York City, Houston, and Raleigh, N.C. Continue reading

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In Massachusetts, patients are prohibited from recording their surgeries without the consent of all parties being recorded. However, in light of recent incidents, more and more patients are requesting permission to video or audio record their surgeries. Earlier this year, a patient in Virginia was awarded $500,000 in a medical malpractice lawsuit after his secretly recorded surgery revealed offensive comments made by doctors while he was under sedation. The patient had set his cellphone to “record” and slipped it into his pants pocket prior to an outpatient colonoscopy. Contact a Massachusetts Medical Malpractice Lawyer Today.

Uptick in Patient Requests to Video or Audio Record Hospital Visits

Advocates for patient recordings say that the transparency of a recording holds physicians accountable, and may even present an opportunity for all medical personnel to learn from their mistakes. However, many hospitals and physicians aren’t so sure. They have voiced serious concerns over privacy, and have questioned how such a policy would impact the doctor-patient relationship. According to Jennifer Kritz, a spokeswoman for the Beth Israel Deaconess Medical Center in Boston, there has been an increase in patient requests to record their hospital visits. In addition to recording surgeries, patients also want to record physician instructions and film physical therapy sessions in order to replicate the exercises at home. Although there is quite a bit of controversy surrounding the recording of medical procedures, several Boston area hospitals say they allow patients to record visits as long as consent of medical staff is obtained beforehand.

In Wisconsin, a state representative has recently introduced a bill that would require all hospitals to give patients the option of recording medical visits, procedures, and surgeries. In recent years, similar bills have been introduced in both Mississippi and Massachusetts, but they have yet to create any changes in policy. According to Betty Daniels, an Indiana local chapter director for the National Medical Malpractice Advocacy Association, the organization is working to get a similar bill introduced in Indiana.

In a recent interview with the president of the Massachusetts Medical Society, Dr. Dennis Dimitri, he voiced concerns that recording surgeries would introduce an element of “distrust” and would effectively “anticipate wrongdoing.” He also said that recording surgeries, “may cause people to be much more guarded about what they say”. Additional concerns include the spread of medical videos on social media, the videographer getting in the way of the surgery, physicians being so guarded about what they say that they neglect to mention important details during surgery, and the exposure of hospitals to more medical malpractice lawsuits. Continue reading

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Following an incident at Fenway Park this summer, in which a fan was seriously injured by a foul ball, Major League Baseball has recommended that all 30 clubs enhance fan safety at games. One of their recommendations is to install safety netting that provides greater coverage. Specifically, MLB suggests that netting should shield field-level seats within 70 feet of home plate and those that are near both dugouts.

Fans Should Pay Attention During Each At-Bat

Fenway Park is taking action. In a recent statement, the team said, “The Red Sox take matters of fan safety very seriously and intend to follow the recommendations put forth by Major League Baseball by expanding the backstop netting behind home plate for the 2016 season.” The Red Sox have already begun contacting ticket holders most impacted by the changes. In addition to the installation of fuller-coverage netting, MLB is also asking clubs to adequately warn fans about the inherent dangers of batted balls and bats flying into the stands. They encourage fans to always be aware of their surroundings, and to pay attention during each at-bat.

Injured Fans Approve Fenway’s Installation of Improved Safety Netting

In a statement from Stephanie Wapenski, the Red Sox fan who was injured over the summer, she announced her approval of Fenway’s move toward a safer ball park. “To know that they’re – right now in December – already taking steps, I’m proud, I’m impressed and I’m glad for the Red Sox.” she went on to say, “It’s a smart move. Don’t wait until there’s a worse injury.”

Wapenski wasn’t the only injured fan this year. Tonya Carpenter was also seriously injured when a broken piece of a bat from Oakland’s Brett Lawrie hit her. Her lawyer issued the following statement in response to the installation of Fenway’s new netting. “To the extent that the catastrophe was a stimulus to provide additional netting, at least something good will have come out of her injuries and suffering.” Continue reading

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