September 15, 2015

Family of 24-year-old Drowning Victim Sues Boston Bar

The family of Eric Munsell, the 24-year-old Boston man who drowned in Boston Harbor in February 2014, has sued the Financial District bar that ousted him.

According to Boston Globe staff writer Amanda Hoover and the wrongful death suit, Munsell was kicked out of the Market bar and lounge after a bouncer saw him drunkenly stumbling and bumping into other customers. Despite the below-freezing temperatures, the bouncers, allegedly, refused to allow Munsell to retrieve his coat or tell his friends he was leaving the bar. The suit claims that the establishment “kicked him out and left him to ‘fend for himself.’”

According to the suit, Munsell was celebrating his birthday with friends at his North End apartment, and walked to Market after consuming a number of alcoholic beverages. The group arrived at the bar around 10:20 p.m.; Munsell was kicked out about an hour later. Munsell reportedly wandered his way back toward the North End but was too disoriented to find his way, according to the lawsuit.

“It was foreseeable that ejecting Mr. Munsell from the bar to fend for himself in his intoxicated state and without a coat created a dangerous situation that placed Mr. Munsell at increased risk of injury and death,” the suit said, according to Hoover. The suit claims that the bouncer stood and watched as Munsell “stumbled off toward the street, weaving unsteadily,” and did not notify the victim’s friends of his departure or call the victim a cab. “Neither the bouncer who threw out Mr. Munsell nor any other Market employee made any effort to avoid or mitigate this unsafe situation,” the suit states, according to Hoover.

Munsell’s body was retrieved from the water near Long Wharf in April 2014, two months after he disappeared into the night.

According to the Boston Globe, the family is seeking an unspecified amount of damages from the owners and operators of the bar, JPC Venture Corp. and the Cronin Group. The family alleges that the defendants “did not have appropriate policies for removing drunk patrons and acted negligently by failing ‘to take reasonable steps to ensure his safety when removing him.’”

The Munsell family’s lawyer spoke openly about the suit, saying that the family hopes this lawsuit encourages other bars to take more care when ejecting drunken patrons.

While Market was not cited for any violation following the incident, a spokesperson for the establishment said that the company “takes its ‘responsibilities very seriously.’”

In conflicting reports, the city’s licensing board found Market with no violation for failing to provide aid to an intoxicated person. The board made the decision after hearing testimony from bar staff, who said Munsell was asked to leave because he offended a group of female patrons, and that they did not believe he was impaired (according to Hoover). He was reportedly asked by bar staff if he had a coat, to which he replied “no,” and subsequently left without incident.

September 9, 2015

Can Foreign Manufacturers Evade Defective Products Lawsuits?

by Altman & Altman

The 2015 Foreign Manufacturers Legal Accountability Act (FMLAA), proposed in the Senate this past July, is a bipartisan plea to hold foreign manufacturers responsible for any injuries or fatalities directly caused by their product in the United States. Unfortunately, legal loopholes exist that occasionally allow foreign companies to escape accountability for harmful, defective products. The U.S. Consumer Product Safety Commission reports that plaintiffs can often get around these loopholes by settling with domestic partners of foreign companies, such as importers and retailers. However, this is not always possible. One of the most infamous catalysts for the proposed bill is the Chinese drywall recall that occurred in 2005 and 2006. The defective drywall resulted in billions of dollars in medical and financial damages,

What Exactly Is the Foreign Manufacturers Legal Accountability Act (FMLAA)?

If passed, the FMLAA would ultimately control the regulation of product safety for all imported consumer goods, as well as ensure the legal involvement of a foreign manufacturer in a defective product lawsuit. The following factors apply:

The FMLAA requires that all foreign corporations pursuing business in the U.S provide a legal agent to represent that corporation in the event of a U.S. civil suit or regulatory claim. This would place all legal matters under U.S. jurisdiction.
Legislation would pertain to products including pharmaceuticals, cosmetics, devices, biological products, consumer products, chemical substances, and motor vehicles and vehicle parts. All of these products would be regulated by the Consumer Product Safety Commission, Environmental Protection Agency, and Food and Drug Administration.
If a foreign company chooses not to comply, the act would ban their products in the United States.

September 8, 2015

Prep School Rape Trial Now Over – Will the Culture Now Change?

by Altman & Altman

A former prep school student faced a lengthy rape trial this summer for an incident that took place just two days prior to his graduation in May of 2014. Owen Labrie, a 19 year old from Tunbridge, Vermont, was facing charges for allegedly raping a 15 year old girl as part of a longstanding tradition at the St. Paul’s School in Concord, New Hampshire. This tradition, coined as the “Senior Salute” encouraged senior male students at the prestigious prep school to compete in order to see who could have sex with the greatest number of underclassmen females prior to graduation. The entire trial unfolded as a he-said, she-said ordeal stemming from the Senior Salute invitation that Labrie extended to the alleged victim prior to the incident. Owen Labrie maintained that the two never engaged in sexual intercourse, but the unidentified victim has stated that she repeatedly told Owen “No” during various stages of their intimacy. Labrie was found not guilty of the felony rape charges he had been facing, but he is still currently awaiting sentencing on lesser sexual assault charges following the jury’s decision. They believed that Labrie had been lying and that the two did engage in sexual intercourse; an act that was illegal due to the girl’s age at the time of the encounter.

The spotlight surrounding the Labrie case has highlighted an issue that could possibly plague further prep schools in the future. Due to the nature of these schools, experts believe that students who receive their education at a boarding school may be at a greater risk to encounter sexual assaults. The children do not have legal guardians present during after-school hours—they experience a greater level of freedom than children who live at home while they are going to school. As one senior, Thomas Chou, from the Phillips Exeter Academy in New Hampshire has stated, “Our parents aren’t with us. We’re living in dorms.” This simple fact has caused a number of prep schools in the surrounding area to reevaluate the plans they have in place to prevent sexual assaults from occurring on their campuses. Continue reading

September 4, 2015

Understanding School Playground Liability in Massachusetts

by Altman & Altman

As children settle into the new school year, school playgrounds are once again being put to the test. The Center for Disease Control and Prevention (CDC) reports that an estimated 200,000 children under the age of fifteen visit emergency rooms for playground injuries every year. The most common reasons for the high number of playground-related injuries are improper maintenance, faulty equipment, and lack of proper supervision. Depending on the individual circumstances of a particular case, fault may lie with either the property owner or the manufacturing company responsible for the design of the playground equipment.

Lack of Proper Playground Equipment Maintenance

Schools are responsible for keeping playground equipment properly maintained, conducting regular safety inspections, and staying in compliance with regulations. With consistent daily use, school equipment in particular is highly susceptible to wear and tear. Rust from exposure to the elements can cause screws and bolts to loosen. Slowly rotting wooden floorboards on climbing equipment can break during use if not checked regularly. Nails and other sharp edges may begin to protrude over time, resulting in safety issues. Daily maintenance by staff should include assessing the safety of slippery surfaces and checking for potential hazards, including those mentioned above. If a child is injured because of any type of preventable hazard on school property, the school may be found negligent.

Dangerous Design and Construction of Playground Equipment

As with all types of product liability, one aspect of fault may lie with the design of the equipment. School districts generally hire a construction company to build playgrounds designed, or supervised by, a specific design company. If either party has overlooked safety issues that ultimately result in an injury, one or both parties may be held liable for damages. Examples of faulty design include a climbing structure without a regulated railing to prevent a child from falling and breaking a limb. Additionally, playgrounds should have specific surfaces with higher levels of shock absorption. If a child is hurt due to lower quality surfaces, there may be a case for product liability. The Consumer Products Safety Commission provides safe design standards for playground equipment. Continue reading

September 3, 2015

Defective Children’s Products – What Parent’s Should Know

by Altman & Altman

One of the most common causes of product liability claims in the United States is defective children’s products. Any type of children’s product can be defective, including toys, bedding, car seats, and food. In 2013, approximately 74,900 children under the age of five were taken to the emergency room as a result of nursery related injuries. Of these injuries, 66% were associated with high chairs, cribs, mattresses, strollers, infant carriers, or car seats. When a product is considered defective, it is generally classified into one of three defective product categories – poor design, faulty construction, or improper labeling.

The Consumer Product Safety Commission

Founded in 1972 by Congress, the Consumer Product Safety Commission (CPSC) serves to “protect the public against unreasonable risks of injuries and deaths associated with consumer products.” The agency regulates safety guidelines, recalls unsafe products, conducts research, and works toward decreasing the chance of injuries and fatalities to consumers. CPSC is a helpful resource for parents of injured children who believe a defective product is responsible for their child’s injury.

Defective Strollers

Car seats and strollers are two of the most commonly recalled children’s products. The most common injuries caused by defective car seats and strollers are generally due to:

Faulty stroller brakes causing uncontrollable and unexpected rolling
Unsafe center of gravity causing stroller rollovers
Faulty locking mechanisms causing strollers to fold while children are still inside
Inadequate restraints on strollers and car seats causing children to fall out

In late 2014, 11 models of strollers were voluntarily recalled by manufacturing giant, Graco, because of severe finger injuries, including amputation. Retailers such as Target, Walmart, Amazon, and Toys R Us had been selling these products since 2000. Continue reading

August 31, 2015

Labor Day Is This Weekend: What Every Host Needs to Know About Social Host Liability Law

by Altman & Altman

With Labor Day around the corner, the law offices of Altman & Altman would like to remind those around the Commonwealth to celebrate safely. In addition, we’d like to extend a reminder to those who are planning to host a party on the work-free weekend about keeping their guests safe.

Social Host Liability Law

What is Massachusetts Social Host Liability Law? According to Massachusetts’ law, a social host is defined as anyone who provides alcohol to a guest as an act of hospitality or allows a guest to consume an alcoholic beverage on his or her property. Properties usually someone’s home, but may also include beach property, rental property, boats, or any other type of property in which a host owns or controls.

Under Massachusetts law, a social host assumes responsibility for all injuries caused by or sustained by a guest as the result of consuming alcohol. Injuries most often result from some sort of accident, specifically drunken driving. Hosts are legally responsible for ensuring their guests do not consume alcohol to the point of intoxication. In layman’s terms, if you host a party and one of your guests is over-served and ends up hurting another person, not only is he or she at fault, but you are responsible as well.

August 31, 2015

Ten Automakers Sued Over Faulty Keyless Ignitions; Is Your Car Safe?

by Altman & Altman

Nearly a dozen of the world’s largest automakers were sued last week in a civil suit by U.S. consumers alleging they knowingly withheld the risks of carbon monoxide poisoning in more than 5 million vehicles that were equipped with keyless ignitions. The suit claims that the companies concealed the risk faced by drivers whose cars had the equipment, and 13 deaths resulted from the dangerous switches.

Keyless ignitions have become wildly popular in newer model cars, for their convenience and modern appeal, as they lets a driver start a vehicle by pushing an on-off button, instead of inserting a key, once the vehicle senses the presence of a nearby electronic fob.

According to a complaint filed in Los Angeles, carbon monoxide is emitted even when drivers exit their vehicles after taking their electronic keys with them. Most drivers, according to the suit and Reuters, believe their engines shut off, however 28 plaintiffs said this mistaken assumption causes serious, sometimes fatal injuries to those who inhale the gas (most often passengers). Carbon monoxide can also be emitted when vehicles are left in garages that are attached to homes, posing a hazard to occupants inside. The plaintiffs also alleged that the vehicles greatly reduce in resale value because of the defect.

The companies named in the suit include BMW, including Mini; Daimler’s Mercedes Benz; Fiat Chrysler; Ford Motor Company; General Motors Company; Honda, including Acura; Hyundai, including Kia; Nissan, including Infinity; Toyota, including Lexus; and Volkswagen, including Bentley.

According to Reuters, the plaintiffs are alleging that automakers could have helped to prevent the 13 deaths and numerous injuries, by installing an inexpensive feature to automatically turn off unattended engines. The suit states that GM and Ford even took steps to patent a shut-off feature. To date, 27 complaints have been logged with the National Highway Traffic Safety Administration over safety concerns with keyless ignitions.

“The automakers had actual knowledge of the dangerous carbon monoxide poisoning consequences of vehicles with keyless fobs that lack an automatic shut-off,” the complaint said, according to Reuters. The lawsuit seeks class-action status and a ruling that will require automakers to install automatic shut-off features on all existing and future vehicles that are sold with keyless ignitions. The lawsuit also seeks compensatory and punitive damages for victims affected by the safety issue.

August 31, 2015

UPDATE: Fan Hit By Flying Bat at Fenway Park During Yankee Game; Fan Sues Red Sox Owner John Henry Over Injuries Caused By Foul Ball

by Altman & Altman

With the baseball season in full swing—pun intended—and football season just beginning, fan safety at stadiums continues to be heavily scrutinized. THREE sports-related incidents have made headlines in the past week alone as the debate for greater fan safety regulations continues to heat up.

Monday night’s Red Sox-Yankees game saw some serious drama in the stands as Brian McCann’s bat slipped out of his hands and hit a female fan near the Boston Red Sox dugout in the seventh inning. This is the third sports-related injury to occur at Fenway Park this summer.

In addition, Boston Globe’s Travis Anderson reported this week that Brookline resident Stephanie Taubin, 46, is suing Red Sox principle owner John Henry for injuries she sustained after being struck by a foul ball last year during a Red Sox game at Fenway Park. Taubin and her attorneys are alleging Henry was negligent and failed to take adequate measures to ensure the safety of his fans. Taubin’s complaint stated that she was in an area above home plate, known as the EMC Club, in June 2014. Protective glass protecting that area had, at the time, been removed because of renovations, leaving the area (and fans) more susceptible to being hit by foul balls. Taubin was struck by a foul ball and subsequently suffered serious injuries including facial fractures and neurological damage, The Boston Globe reported. She incurred a substantial amount of medical expenses, lost wages, and diminished earning capacity, according to her lawsuit.

August 31, 2015

Stadium Safety Continues To Be A Problem Across The Country – Fan Dies In Atlanta

by Altman & Altman

Thousands of people filter into various sporting stadiums across the country to experience the joy of watching their favorite team play a game. These events take place on a near constant basis for a wide variety of sports in all different types of stadiums. Typically, these cheerful events take place without any serious incidents occurring during the time of the game. Perhaps there will be an altercation or two or an exchanging of strong words, but usually everyone goes back home unscathed at the end of the evening. In light of the recent tragic event that happened at an Atlanta Braves game however, safety standards within stadiums are calling for a review to prevent any future tragedies from occurring.

A 60 year old man fell to his death from the upper deck at Turner Field in Atlanta on Saturday night while the Braves played a game against the New York Yankees. The man has been identified as George Murrey from Alpharetta, Georgia. According to witness reports, George Murrey fell at least 40 feet from the top deck of the stadium onto the concrete floor of the first level below. Fans in the proximity of where Murrey had been sitting have said that the man fell over when he was attempting to yell onto the field at Alex Rodriguez—a practice that many in the stadium also partook in at the same time. “When they called A-Rod coming to bat, he got all excited, and his momentum took him over,” said Marty Burns, a fan who witnessed the accident take place. Continue reading

August 31, 2015

Death of Bicyclist Leads to Safety Improvements of Busy Mass Ave. Intersection

by Altman & Altman

The recent death of a bicyclist on a busy intersection in Boston has prompted city officials to make safety improvements to the surrounding area. On August 7^th of this year, 38 year old Anita Kurmann was struck and killed by a tractor trailer when she was riding her bike along Massachusetts Avenue and Beacon Street in Boston. That particular intersection has been the site of multiple accidents in recent years, and those who frequently travel along the route believe that significant changes need to be made in order to prevent further tragedies from arising.

The director of planning for Boston’s Transportation Department, Vineet Gupta, has stated that improvements have already begun at the dangerous intersection in an effort to increase safety for bicyclists and motor vehicle operators alike. The road where Massachusetts Avenue and Beacon Street intersect has already been repaved following the accident, and workers are applying new striping as well. Gupta went on to say that flexible posts will be installed this week to protect the bike lane. “Our goal is to make it safe for everyone at that intersection,” Gupta said.

In addition to the measures already being taken, the Transportation Department will also install bike boxes marked with green paint that will permit cyclists to rest within those designated areas while they wait for signal changes on the road. The bike boxes will be placed in front of motor vehicles lining up in the same area and will primarily be located in the southbound lane of Massachusetts Avenue and Beacon Street. Continue reading