Boston Injury Lawyer Blog

October 14, 2015

Similarities and Differences Between Public and Charter Bus Liability

Whether you use public buses through the Massachusetts Bay Transportation Authority (MBTA) to go to work, or chartered tour buses while on vacation, bus transportation is generally an efficient and safe way to travel. However, as with any type of vehicle accidents can occur, potentially resulting in property damage, injury, or even death. Factors that may contribute to such accidents include defective equipment, questionable weather conditions, distracted drivers, insufficient vehicle maintenance, lack of proper driver training, and driving under the influence. In each of these cases, there are unique elements that help determine how to proceed with a lawsuit. Although there is overlap in circumstances surrounding public transportation accidents and charter bus accidents, there are also a few legal differences.

Common Carrier Liability

Any business entity that charges customers to transport people, merchandise, or property is legally considered a “common carrier” in the eyes of the federal and state governments. Passenger trains, commercial airplanes, cruise ships, all buses and even certain trucks fall under this category. In liability cases involving common carriers, four factors must exist in order to prove negligence:

The defendant – whether it’s the driver, supervisor, or company – owed a duty of care to the customers. This means the highest level of caution and care must be taken to ensure the safety of all passengers.
The defendant breached their duty of care in some way. This could be anything from improper driver training to poor vehicle maintenance.
This breach of duty caused the injured party to suffer damages, such as lost income, pain and suffering, or medical expenses.

Eyewitnesses that can verify alleged incidents, and expert witnesses that can explain factors from a professional perspective, are immensely helpful when trying to prove common carrier liability. Continue reading

October 8, 2015

Runaway Truck Causes Extensive Damage in Dorchester

by Altman & Altman

On Wednesday, a runaway flatbed truck caused significant damage when it careened down a steep road, hit a utility pole, crashed into two parked cars, and took out a streetlight. The accident, which occurred on Fendale Avenue in Dorchester, caused serious damages but no injuries were suffered.

The outcome could have been much worse. Had the truck not been forced to a stop by its collision with the cars and light pole, the accident may have ended tragically. The truck stopped mere inches before rolling into a busy intersection. In another stroke of luck, on its course down the steep hill, the truck happened to veer right, into a parking lot instead of into the lane of traffic.

According to police reports, the flatbed, which was parked legally on the street, was carrying appliances and scrap metal. After parking, the driver vacated the truck to collect additional items. Within moments, it was sailing down Fendale Avenue.

This situation poses the question – who is at fault when an unoccupied vehicle causes an accident? While the driver in the above case will likely avoid charges, as he was not behind the wheel when the accident occurred, that doesn’t mean he isn’t financially liable. From an insurance standpoint, if an unoccupied vehicle slips out of gear and crashes into another object, the vehicle owner is responsible. Since the driver will generally be at fault in this scenario, any damages to another person’s property will likely be paid under his or her property damage liability insurance. Continue reading

September 30, 2015

My Child Was Injured Playing a School Sport: Who Is Liable?

by Altman & Altman

Millions of children and teenagers across the United States, from elementary school through high school, play school-sponsored sports and activities. A vast number of these students are treated each year for injuries caused by their participation in these physical activities. While a majority of sports-related injuries are minor and are treated in outpatient facilities, if they require any medical attention at all, there are also instances where injuries are more serious and even life threatening, and thereby require emergency and sometimes long-term medical care.

For parents of student athletes, especially those whose children play aggressive contact sports, such as hockey, rugby, football, soccer, and even acrobatic sports like gymnastics and cheerleading or non-contact sports like swimming, safety is a real concern, especially given the high instance of traumatic brain in juries, concussions, and broken bones. When a student athlete is injured during a game or practice, not only do concerns circle around whether the student is/will be okay, but also who is financially responsible for covering any medical care needed to treat an injury.

According to statistics compiled by Lawyers.com from Safe Kids USA and the American Academy of Pediatrics,

Each year, more than 3.5 million children ages 14 years and under receive medical treatment for sports injuries. More than 30 million children participate in sports each year
62% of organized sports-related injuries happen during practice rather than during games
Collision and contact sports, like football and rugby, have higher injury rates, but injuries from individual sports, such as gymnastics and swimming, are usually more severe
About 33% of parents don’t take the same safety precautions during their child’s practice as they do for a game, and there are statistics showing that schools and coaches take practices less seriously than games when it comes to injuries

September 29, 2015

Dorchester Man Injured While Saving Others in Boston House Fire

by Altman & Altman

A man who had been helping other individuals escape from a burning home in Dorchester was critically burned during his efforts to alert those living in the floors above his apartment. The man, who has yet to be identified, had been living on the first floor of a triple-decker home in Dorchester when the fire broke out early Wednesday morning.

According to preliminary reports, the fire started at approximately 4:00 AM at the home located on Ridgewood Street. Firefighters responding to the scene have stated that 15 people, including 7 children, were present in the home when the fire raged on in the middle of the night. All of the residents escaped from the building unharmed, and they have their neighbor to thank in part for that fact.

The man had been staying in an apartment on the first floor of the triple-decker home following a fire that had damaged his previous residence. The exact details surrounding the matter have not yet been disclosed, but officials responding on scene have indicated that they believe the fire started on the first floor. Although they are unsure at this time what could have directly caused the fire to start. District Fire Chief Jeff Whitman spoke to reporters and stated that “With this type of weather, with windows being open still, the fire can travel in or out very quickly.” He indicated that he believed the fire began either on the first floor porch or somewhere inside the first floor apartments. Continue reading

September 28, 2015

Volkswagen Facing Billion Dollar Lawsuit in Emissions Fraud Case

by Altman & Altman

In one of the biggest fraud scandals in motor vehicle manufacturer history, Volkswagen has admitted to rigging 11 million vehicles with a software designed to cheat emissions tests. Millions of consumers have purchased the rigged cars, billed as eco-friendly, thinking they were doing something good for the environment and public health. However, the opposite is true. In fact, the “clean diesels” produce nearly 40 times the legal limit.

The German auto manufacturer got away with emissions fraud for seven years before the Environmental Protection Agency (EPA) uncovered what was going on. After an environmental group tipped off researchers at West Virginia University, the researchers ran tests on various VW models and learned that emissions from two of the diesel models were significantly higher than allowed. In May of 2014, the researchers reported their discovery to the EPA, but VW put the blame on technical issues. However, on September 18 of this year, the EPA announced that VW had, in fact, violated clean air rules by purposely cheating emissions tests. Last week, the EPA notified car manufacturers that it will begin additional testing of diesel vehicles under ‘real world’ conditions, rather than just in a lab.

Consumers Sue For Compensatory and Punitive Damages

Consumers are furious, and rightfully so. Volkswagen stock has dropped 30% since last week alone, and millions of environmentally-conscious people are driving around major polluters that are worth thousands less today than they were last week. Continue reading

September 24, 2015

Whistleblowers Expose Record-Setting Physician Referral Fraud Case

by Altman & Altman

In a record-breaking settlement, Adventist Health System must pay over $118 million to settle a 2012 whistleblower lawsuit. The large settlement is a result of Adventist’s alleged over-compensation to physicians for referring patients to Adventist-owned health care facilities in Texas, Tennessee, Florida, and North Carolina. The settlement, which is the largest of its kind involving doctor referrals to hospitals, will be distributed among those four states, and the federal government.

The lawsuit alleges that Adventist directed its hospitals to employ physicians within their local service areas and to purchase private practices in order to create a patient referral monopoly in those areas. In fact, many of the doctors at one of the Adventist-owned physician practices, Florida Hospital Medical Group, also worked at several Adventist hospitals and outpatient clinics.

Federal False Claims Act

September 22, 2015

New Study Shows Sexual Assaults on College Campuses Are Dramatically on the Rise

by Altman & Altman

A study conducted by the Association of American Universities released on Monday has produced staggering results in regards to the number of sexual assaults taking place on college campuses across the country. According to their report entitled “Campus Climate Survey on Sexual Assault” approximately 23.1 % of female undergraduate students have been victims of unwanted sexual contact by physical force or threat of physical force. The study included information amassed from 150,000 students at 28 different universities across the U.S.

The Association of American Universities, AAU for short, administered their Campus Climate Survey on Sexual Assault to 60 different member universities but only 27 universities chose to take part in the survey. One non-member university also participated in the survey administered by the AAU. Of the 60 member campuses, three from Massachusetts declined to take part. Boston University, Brandeis University, and MIT all opted out of the sexual assault survey. Harvard University, however, chose to take part in the survey and found their results to be alarming. Approximately 31% of their 60% senior female student body responded that they had experienced nonconsensual sexual contact since they began taking classes at Harvard University. Many of the 31% indicated that the sexual could be classified as rape and not just sexual harassment. Continue reading

September 22, 2015

Adventist Health System to Pay $118.7 Million to Settle Whistleblower Case – Doctor’s “Self – Referral” at Heart of Allegations

by Altman & Altman

Adventist Health System, based out of Florida, has reached a settlement with the federal government following allegations of the system offering “excessive” compensation for doctor’s referrals. In the settlement, Adventist Health Systems will have to pay a record setting $118.7 million to the federal government after three whistle-blowers from the company brought the case against the system in 2012.

Adventist Health System includes approximately 44 hospital campuses across 10 different states in the US. The whistle-blowers directly involved in the case had previously worked at a branch of the company, Adventist Park Ridge Health located in Hendersonville, N.C. The three individuals have been identified as risk manager Michael Payne, executive director of physician services Melissa Church, and a compliance officer for physician services by the name of Gloria Pryor. The case they brought against Adventist Health System alleges that Adventist paid doctors for referrals to their company in North Carolina, Florida, Tennessee, and Texas. These allegations are in direct violation of the Stark Law—a law that was instated under three separate provisions that govern physician’s ability to self-refer clients to a medical facility that they hold some type of financial investment in. This investment may include ownership of the facility or a structured compensation agreement with the facility in question. The case brought against Adventist further prompted claims to the government alleging that the system was also in violation of the False Claims Act, which is imposed on companies who “defraud” government programs.

Included in the case against Adventist Health System is the claim that the company paid for car leases for a BMW and a Mustang for a surgeon involved with one of their facilities. Another claim states that they paid an additional $710,000 in bonuses to a dermatologist who only worked out of the office three days a week. Adventist Health System is one of the largest systems of its kind in the nation. And the settlement reached between the company and the federal government over these claims is the largest ever reported for a settlement under the Stark law.

September 22, 2015

Man Struck and Killed by MBTA Train – Accident Under Investigation

by Altman & Altman

A man was struck and killed by a train Monday afternoon according to reports provided by The Boston Fire Department. Law enforcement officials received a call at approximately 2:30 PM stating that man had become pinned underneath a Red Line train at the JFK/U Mass MBTA station. Though responding officers worked to release the man from beneath the train, the victim was later pronounced dead on scene following the retrieval efforts.

The name of the victim has yet to be released by authorities are stating that the unidentified man is between the ages of 50-60 years old. The exact events surrounding the accident are currently under active investigation but police have stated that they do not suspect foul play in the matter. According to an MBTA police officer, the man allegedly stumbled onto the tracks in the Dorchester neighborhood that houses the JFK/U Mass MBTA station. It is not clear at this time if the man accidently stumbled onto the tracks or if he does so purposefully. He was subsequently struck by a Red Line train destined for the Braintree station shortly after falling onto the tracks.

Transit police detectives for the MBTA are currently investigating the incident with help from the Suffolk County District Attorney’s office in an effort to determine what lead to the fatal accident. Continue reading

September 21, 2015

The Risks Associated with Hand Sanitizers and Young Children

by Altman & Altman

Hand sanitizers have become increasingly popular over the years as people have become more fearful of germs and what they can do to our bodies. Sanitizers contain approximately 70-90% alcohol content that allows for the immediate removal of germs on your hands. But recent studies show that children may become poisoned by the sanitizers if the children were to ingest them—also a trend that seems to be on the rise as these new sanitizers come in a variety of scents that could prove confusing to young children.

A mother from Easton, Massachusetts, Jennifer Daly has said that in a home with three children, she treats hand sanitizer as a toxin. She keeps the sanitizer bottle on the top shelf of a medicine cabinet along with the other medicine that needs to be kept away from young children. Daly is the mother of twin 5 year olds as well and an 8 year old child—she is doing what she feels is in their best interest in an effort to keep them safe from the harmful side effects that come along with ingesting hand sanitizer.

According to reports released form the Georgia Poison Center, the number of cases of children under 12 years of age who have suffered harmful side effects as the result of ingesting hand sanitizer has quadrupled from 2010 to 2013. There were 16, 117 cases reported nationwide of children suffering from hand sanitizer poisoning in 2013 as opposed to the 3,600 reported nationwide for 2010. Dr. Gaylord Lopez, director of the Georgia Poison Center, has said that children have a tendency to eat things regardless of how they may smell and taste. Dr. Lopez has stated that this is one of the main causes for alarm in terms of children ingesting hand sanitizer. Nowadays, the sanitizers come in a variety of scents, such a strawberry, grape, and cherry. Some children may not realize the severity of the matter when they ingest such sanitizers, and may become “drunk” as a result of the sanitizer consumption.