Boston Injury Lawyer Blog

August 19, 2015

Furniture Manufacturer IKEA Issues Recall on Children’s Nightlights

The popular furniture manufacturer IKEA is issuing its second product recall in recent months. This time they are recalling approximately 359,000 children’s nightlights after reports have indicated that the lights may be defective and could cause possible electric shock to children. The PATRULL nightlights have only received one recorded complaint thus far—but IKEA felt that one complaint was one too many and issued the recall as a safety precaution. The recall of these PATRULL nightlights comes shortly after IKEA had to recall their MALM chests and drawers after they received multiple troubling reports of the items tipping over and seriously injuring children that had become trapped underneath the furniture.

According to a press release provided by the company, IKEA has stated that they received an alarming complaint from a customer in Austria that led them to make the executive decision to issue a total recall across the United States for the same faulty product. The report from Austria detailed an incident in which a young child attempted to remove the nightlight from their wall and by doing so they dislodged the plastic cover of the light. When the plastic cover became dislodged, the child suffered a shock from the exposed wires beneath the cover. Reportedly the child suffered minor wounds to their hand during the accident. Continue reading

August 18, 2015

“Boozing and Boating” is the Leading Cause of Boating Accidents in Massachusetts

by Altman & Altman

With August in full swing, many recreational boaters are taking as much advantage of the remaining boating season as possible. The final weeks of summer recreation have increased potential for unfortunate accidents involving drinking and boating. The US Coast Guard’s Office of Auxiliary and Boating Safety reports alcohol use as the leading factor in boating fatalities in Massachusetts, despite persistent warnings from safety officials. Many boaters tend to dismiss the effects of sun, wind, heat, and motion in combination with even a minimum amount of alcohol consumption. The cultural perception of drinking while boating coincides with the concept of leisure, relaxation, and celebration. However, drinking and boating has been perceived by many law enforcement officials as more dangerous than drinking and driving.

Penalties for Boating Under the Influence

Massachusetts has some of the strictest penalties for boating under the influence (BUI) in the United States. Repercussions from “boozing and boating” are the same as those for receiving a DUI (driving under the influence). These penalties apply to the influence of other substances as well, including narcotics, stimulants, depressants, marijuana, or any combination of these. As with motor vehicles, the legal blood alcohol content (BAC) limit for operating a vessel is 0.08.

Legal consequences are dependent on factors like the defendant’s legal history and damages and injuries incurred due to the accident:

First time offense – If charged, the defendant may receive a maximum of one and a half years of prison time, or a maximum $1,000 fine, or both. Both motor vehicle and vessel licenses may be revoked for up to a year.
Second offense within six years – While the maximum fine remains at $1,000, maximum prison time increases to two and a half years.
Penalties increase with consecutive offenses and increased severity of injuries to others.

August 18, 2015

Lawsuit Filed Against Yale Fraternity For 2011 Fatal Car Accident Outside Yale Bowl

by Altman & Altman

A fraternity at the esteemed Yale University is facing charges after a car accident in 2011 left one woman dead and seriously injured two others. The lawsuit against the Sigma Phi Epsilon fraternity was filed in 2013 by the families of the victims. After years of waiting, the case is finally heading to trial.

According to reports, members of the Sigma Phi Epsilon were heading to a tailgating event for a Yale vs. Harvard football game that was taking place on November 19^th, 2011. Members of the fraternity were driving to the event in a U-Haul truck that contained kegs when the driver of the vehicle, Brendon Ross, lost control of the truck. It was not made immediately clear what caused Ross to lose control at this time. Police responding to the scene have stated that Ross accelerated into a crowd of pedestrians in the area shortly before the U-Haul struck another truck nearby. The pedestrians had been gathered in an area typically used for tailgating outside of the Yale Bowl. At some point during the accident, Ross struck and killed Nancy Barry of Salem, Massachusetts. He also seriously injured two other women, one of whom was a student at Yale at the time by the name of Sarah Short. The two victims were treated for their injuries.

The families of Nancy Barry and Sarah Short want to hold the fraternity responsible for the actions of Brendon Ross. Brendon Ross entered a probation program following the accident which therefore absolved him of criminal charges. The families of Barry and Short wanted to sue Ross, Yale University, the national chapter for Sigma Phi Epsilon, and the U-Haul company for damages. The lawsuits for these are still currently pending. The lawsuit against Sigma Phi Epsilon includes charges against not only Brendon Ross, but all 86 members of the fraternity. Some of the 86 members included in the lawsuit were former members and some are still currently members of Sigma Phi Epsilon.

August 18, 2015

Minor Accidents Can Cause Chronic Injuries

by Altman & Altman

Many people assume that minor injuries from simple fender benders and other minor car accidents are temporary. The misconception that cuts, scrapes, bruises, or pulled muscles will heal fairly quickly keeps people from pursuing preventative legal measures, such as seeking medical attention and documenting symptoms. However, certain types of muscle and joint injuries may not present any symptoms for weeks, months, or even years. One of the most common of these types of injuries is whiplash, which can occur at speeds as low as five miles per hour. Chronic headaches and arthritis can develop over time with cases of whiplash. Understanding the potential for minor injuries to cause serious, long-term health problems is essential if you’ve been injured in any type of accident.

Whiplash

In the mildest of collisions or sudden stops, a passenger’s body can be jolted forward and backward abruptly. The muscles, ligaments, discs, and tissues of the neck become hyperextended, first in one direction then sharply in the other. This can result in misalignment of vertebrae, muscle tears and strains. Subsequent swelling places pressure on nerves, causing potentially chronic symptoms including:

Neck pain and stiffness
Headaches
Shoulder pain
Back pain
Concentration issues
Memory loss or difficulty
Fatigue
Trouble sleeping
Irritability

Whiplash is most often diagnosed using CT scans or magnetic resonance imaging (MRI). Treatment may include a combination of pain relief medications, physical therapy, traction, massage, ice therapy, and injections. Continue reading

August 13, 2015

Pedestrian in Mansfield Struck and Killed by Amtrak Train

by Altman & Altman

A pedestrian was struck and killed by an Amtrak train in Mansfield, Massachusetts early this morning, Thursday August 13^th. In one news report, it was said that personnel from the MBTA Transit Police had reported a man trespassing in the area around Track 2 shortly before they received reports of an individual being struck and killed by a train. The identity of the individual that was unfortunately killed has not been disclosed at this time, as family notification is still pending. Responding officers have indicated that the victim is a man, which attests to earlier reports of a man seen trespassing along the tracks.

According to preliminary reports being released, MBTA police contacted the Mansfield Public Safety Dispatch at approximately 10:50 AM to report that a pedestrian had been struck by a train. The Amtrak train was traveling south at the time, and the accident occurred just south of the MBTA train station that is located near George Street in Mansfield on Route 128. After striking the victim, the train stopped on the tracks while they waited for emergency officials to respond to the scene.

According to a spokeswoman for Amtrak, Vernae Graham, the train was traveling a route from Boston to Washington D.C. at the time of the accident. She also stated that there were roughly 189 passengers on the Amtrak train at the time and that no injuries were reported for any of the passengers following the crash. Continue reading

August 13, 2015

The Dangers of Worn and Poorly Maintained Tires

by Altman & Altman

The National Highway Traffic Safety Administration (NHTSA) reports that nine percent of passenger vehicles are driven with at least one bald tire. The dangers of worn and under-inflated tires are often overlooked by car and commercial vehicle owners, increasing the risk of accidents for everyone on the road. Even at the middle point of a tire’s lifespan, tread loses a significant amount of grip. This is especially dangerous when poor road conditions and bad weather are involved, contributing to braking and steering difficulty that may result in collisions. Drivers with poorly maintained, unsafe tires may be held liable in a vehicle crash.

Standards

A tire’s grooves help them grip the road. The tread on new tires is approximately 10/32 of an inch deep. Manufacturers create a series of molded horizontal bars at the base of these grooves so that regular maintenance checks can determine how far the tread has worn down. Professionals in the auto industry typically consider tires to be bald when the grooves reach 2/32 of an inch. At this point, a tire will fail safety inspections. However, the tire’s ability to grip the road can become dangerously low before it hits the 2/32 mark. This increases the risk of an accident, particularly in conditions of icy, snowy, or wet roads. In addition to tread depth, the Rubber Manufacturers Association states that determining the expiration of a tire is difficult, as factors including heat and storage affect the aging of the rubber.

Heat Build-Up

When exposed to heat, air has difficulty circulating through the rubber, causing the tire’s pressure to increase. The summertime temperature of pavement and the heat created by friction from high speeds, excessive cornering, and frequent braking can increase the risk for hazardous tire blowouts. Under-inflation and age add to this risk. Even with the best maintenance and driving practices, worn tire treads are extremely dangerous. Sunlight and coastal climates also tend to age tires quickly. Continue reading

August 12, 2015

Two Under Arrest In Lowell Nursing Home Abuse Case

by Altman & Altman

Two women from Lowell, Massachusetts were fired from their jobs as nursing home aides when video footage was discovered depicting the two women abusing and humiliating elderly residents. 23 year old Sabrina Costa and 23 year old Kala Shaniece Lopez were arrested by Lowell Police after videos they posted to the social media app “Snapchat” were reported to authorities.

According to preliminary reports, the videos showed Costa and Lopez engaging in various humiliating acts with the elderly residents of the Wingate at Belvidere nursing home located in Lowell. Initial reports have stated that some of the elderly victims are suffering from dementia. The judge ruling on the case has called the actions of Costa and Lopez “beyond reprehensible.” Of the footage amassed in this case, one clip depicts an 86 year old patient being questioned by one of the female workers about marijuana usage and their sex life—questions that were being asked while the patient, though fully clothed, was using a commode. Additional video footage shows the same elderly woman fast asleep before one of the women screams loudly, startling the patient into waking up.

Once police began their investigation, they searched the phone of Kala Lopez and found further videos of Sabrina Costa getting into bed beside a 99 year old patient before Costa wraps her arms around the patient and tells her that she loves her. The patient, clearly distraught, asks for Costa to please leave her alone. A prosecutor for the case, Tommy Noda, said the age range of the victims in these videos is between 75-99 years old. Police originally received notice of these videos on July 31^st and immediately contacted representatives of the Wingate at Belvidere nursing home, only to find out that family members of these patients had already contacted the home about the disturbing videos. The nursing home stated at that time that they had begun their own investigation into the matter and that they had promptly fired Sabrina Costa and Kala Lopez following the allegations. Lowell police have indicated that both women were positively identified in the videos. Continue reading

August 12, 2015

Woman Raped In Boston Hotel Garage Awarded Multi-Million Settlement

by Altman & Altman

A woman who suffered a horrific rape in a hotel parking garage in 2009 has been awarded a multi-million dollar verdict from the jury hearing her case. Kira Wahlstrom, who was brutally assaulted in a Boston based Radisson hotel parking garage, had pressed charges against the owners of the hotel and the garage for what happened to her. The jury found that the company that owned the hotel at the time of the attack, JPA, was negligent—and in their negligence they contributed to this assault taking place.

The attack on Kira Wahlstrom occurred shortly after she exited an elevator on her way to her vehicle after work. The man riding the elevator with Ms. Wahlstrom grabbed her by the neck and head and proceeded to drag her into a stairwell where he violently raped her for over 25 minutes. Kira Wahlstrom screamed for help—but no one came to her aid. According to new reports, two security guards were in the lobby of the hotel at the time of the incident but neither of the guards responded to her cries. It was not made immediately clear if they had heard the attack at the time.

Just 12 days prior to the attack Wahlstrom faced, another woman was raped by the same suspect at the same garage. The unidentified woman was an employee for the hotel at the time of the assault. Kira Wahlstrom feels as though it were the duty of the hotel management as well as the management for the parking garage to inform the public about the attack that took place so individuals may be able to protect themselves accordingly. “It could have been prevented,” Wahlstrom has said about her assault. The jury for the case similarly concluded that the owners of the garage were responsible for informing others of the initial attack in order to protect others from suffering the same fate. Continue reading

August 12, 2015

Boston Garage Rape Victim Awarded $6.6 Million

by Altman & Altman

The victim of a brutal rape at a Boston parking garage was awarded nearly $7, after a jury found the parking garage owner negligent for failing to warn and protect her from a rapist that had attacked another woman in the same garage less than two weeks prior.

Kira Wahlstrom was attacked back in 2009. “It means the world. It really does,” she told 5 Investigates’ Karen Anderson. “I had justice.”

The Suffolk County jury awarded Wahlstrom $4 million, which with interest, increased the award to more than $6.6 million. The verdict was decided after jury members found JPA, the former owners and managers of the Boston parking garage next to the Radisson hotel, were negligent.

“It could have been prevented,” Wahlstrom said to 5 Investigates. “It never had to happen.”

The jury did clear the garage, currently LAZ Parking, of any negligence. LAZ Parking was contracted to assist with management of the garage. The rapist, Jose Ruben Rivera III, pleaded guilty to both assaults.

Wahlstrom and her attorney, Don Keenan, hope this the case sheds more light on security issues and will increase security in Boston parking garages. They have already contacted the mayor’s office and Boston City Council to address the issue.

“We need to have better parking garage security, whether it be cameras or one person on every floor. They need to do something so that people are safe when they go there,” Wahlstrom said.

August 10, 2015

The Effects of Alcohol On Motorcycle Riding

by Altman & Altman

The Motorcycle Safety Foundation (MSF) reports that an estimated 46% of motorcycle riders who lose their lives in crashes have alcohol in their system when they die. Riding and drinking has been a problem for decades. However, this dangerous combination has increased dramatically over the years, as motorcycle festivals, bar hopping and other alcohol-invested activities become more popular with riding clubs. While there are many safety-oriented, responsible riders on the road, statistics show that alcohol-related motorcycle accidents are still a serious problem. The National Highway Traffic Safety Administration (NHTSA) reports that, in deadly crashes, motorcyclists are 2.5 times more likely than passenger vehicle drivers to have been drinking. Within the past decade, drinking and driving involving passenger vehicle drivers has declined by approximately 6%. Simultaneously, motorcyclist drinking and driving has increased by 10%.

Road Hazards

Structurally, motorcycles pose a much greater risk of crashing than cars due to their smaller size and lack of protection that automobile passenger compartments provide. Under the best conditions, the less stable nature of motorcycles makes them more susceptible to unexpected road hazards such as rough roads, slick or uneven surfaces, darting animals, and blind spots of other drivers. With the effects of alcohol on perception, balance, and reaction time, and the impaired judgement caused by alcohol consumption, drinking and riding substantially increases the risk of serious injury or death.

How Much is Too Much?

The legal Blood Alcohol Content (BAC) limit across the United States is 0.08% grams/deciliter. However, the MSF approximates that even the smallest amount of alcohol in a rider’s system multiplies the risk of a crash by five. MSF statistics also show that, at a BAC of 0.05%, a rider’s crash risk is forty times greater. The University of Minnesota’s Center for Transportation Studies examined motorcycle riders’ abilities on a controlled test course. Researchers found that, after only one or two drinks, riders exhibited decreased abilities and difficulty ‘self-regulating.’ Continue reading