Boston Injury Lawyer Blog

June 10, 2015

MLB Rethinking Fan Safety after Flying Bat Incident at Fenway Park

Major League Baseball is having a serious discussion about fan safety after a woman was critically injured last week when she was struck with by a piece of broken bat that had flown into the stands during a Red Sox game.

MLB commissioner Rob Manfred told reporters on Monday that the league will be “reevaluating where [they] are on all safety issues,” according to SportingNews.com.

In a statement to the Associated Press, the commissioner added, “You have to react strongly to an incident like this, but I think the best word for it is that we’re going to reevaluate where we are on the topic.”

While Manfred said that safety at ballparks has improved since the league conducted a 2008 study of broken bats, which ultimately led to changes in bat regulations. The AP reported that, “shattered bats are down about 50 percent since 2009.”

The commissioner said the league has spent a great deal of time making safety a priority, but this incident has changed the scope of their focus and they will be making more changes to ensure bats are safer. Manfred said that players may also have a say in what changes are made.

June 8, 2015

More Than 20 Percent of Massachusetts Elevators Lack Inspection

by Altman & Altman

There are approximately 41,000 elevators in Massachusetts and more than 8,500 of them have not had an annual safety inspection. These inspections are required by law to protect people from serious injury and death. And with good reason. According to the U.S. Bureau of Labor Statistics and the CPSC, an average of 27 people are killed and over 10,000 are injured in elevator accidents every year.

Several state officials, including State Auditor Suzanne Bump, think that the 8,500 figure is actually quite low. In a recent audit of elevator inspections, it was revealed that over 14,200 elevators had expired safety certifications. In a statement to the Herald, Bump said,“Our audit found that, in addition to backlogs in inspections, DPS’s record keeping database was inaccurate.” Apparently, in more than half of the elevators her team checked out, the inspection certificates had information that was different from that of the public safety department’s main database. If the 8,500 figure is accurate, it actually shows an improvement. However, Bump doesn’t seem too sure,““While we certainly hope their inspection rate is improving, we don’t know if these recent reports are accurate.” Continue reading

June 2, 2015

Tragic Boat Accident on the Boston Harbor

by Altman & Altman

A surge of boaters took to the Boston Harbor this weekend to relax and celebrate the beautiful weather. Unfortunately, celebrations turned to disaster when 19 year old Auburn resident, Nicole Berthiaume, fell overboard near Spectacle Island and was severely injured on Saturday night. A 33 year old Charlestown lawyer who specializes in DUI defense was charged with operating under the influence (OUI) when the Coast Guard responded to an emergency call from the “Naut Guilty” just before 8:00 p.m. that night. Benjamin Urbelis was placed under arrest by the Massachusetts Environmental Police.

According to Coast Guard Petty Officer Lanola Stone, the young woman’s “arm was severed just below the shoulder,” when she jumped off the anchored boat to retrieve a seat cushion. She sustained injuries to her face and abdomen as well. Fortunately, the Coast Guard response boat was nearby when the Mayday call came in. The Coast Guard and Boston Fire arrived quickly to the scene. Department Lieutenant Charlie Popp and the crew of the department’s firefighting and rescue boat raced toward Spectacle Island after the 911 call was placed. “We were very fortunate,” stated Popp. “It’s the first one I’m aware of recently with injuries this severe where everything worked out well.”

May 31, 2015

Woman Seriously Injured in Charlestown Boating Incident

by Altman & Altman

A Massachusetts woman was seriously injured when she was thrown overboard during a boating accident just outside of Boston Harbor.

According to WCVB, the Massachusetts Coast Guard received a call from a 29-foot vessel named Naut Guilty of persons overboard near Spectacle Island. One woman had her severed her arm at the shoulder; five other people were also thrown overboard.

The Coast Guard was able to retrieve everyone out of the water safely and the woman was taken to Massachusetts General Hospital for treatment of her injuries. The boat’s owner and operator Benjamin Urbelis, 33, of Charlestown was arrested on charges of operating under the influence. Police have not said whether the boating accident was directly caused by Urbelis’s operation of the boat and the accident remains under investigation.

May 31, 2015

Boston Herald Report Shows Massachusetts Elevator Inspections Lacking

by Altman & Altman

According to a new report published by the Boston Herald, at least 20% of elevators in Massachusetts (an estimated 8,500) have not had their yearly safety inspections, as required by law. The Herald says that while the numbers are high, a state safety watchdog anticipates those figures are “low-balling” the issue.

As of March 2015, state official had evaluated just shy of 80% of about 41,000 elevators in Massachusetts, according to the Herald who had obtained documents from the Department of Public Safety. That means that approximately 8,600 elevators have not been properly inspected this year.

It seems this problem is ongoing; the Herald reported that State Auditor Suzanne Bump had taken issue with the public safety department back in November 2014, after an audit revealed that some 14,200 elevators had expired inspection certificates.

“Our audit found that, in addition to backlogs in inspections, DPS’s record keeping database was inaccurate,” Bump said in a statement to the Herald. She pointed out that in dozens of elevators her investigators checked, more than half had certificates with different information than the public safety department’s database.

“While we certainly hope their inspection rate is improving,” Bump said, “we don’t know if these recent reports are accurate.” (bostonherald.com)

Officials have claimed that they will hire more elevator inspectors, but as of last week, the Herald reported, they had just 55—just one more since May 2014 when a woman was seriously injured when she fell down an elevator shaft at Fenway Park.

May 29, 2015

Framingham, MA Window Fall Lands 7-Year-Old in the Hospital

by Altman & Altman

A 7-year-old boy was injured in Framingham on Friday when he fell out of the third floor window at a condo complex. (Some media reports are saying the window was on the second floor.) The Massachusetts fall accident happened after the window screen popped out.

The boy fell some twenty feet to land on the pavement. He was flown by medical helicopter to a Boston hospital.

According to police, the child sustained serious facial, leg, and head injuries. Both parents were home at the time of the Framingham, MA window fall accident.

May 29, 2015

Massachusetts Woman Files Products Defects Case Against Skechers

by Altman & Altman

Kathleen Frazer is suing sneaker manufacturer Skechers. She claims that the maker’s Shape-ups shoes caused her to sustain ankle injuries serious enough to warrant multiple surgeries.

In her products liability case, the Massachusetts woman pointed to the promotional campaign for the sneakers, which recommended that they be worn instead of other shoes to derive the most benefit. The shoes are supposed to modify the user’s gait mechanics so he/she will be forced to exert more effort. The sneakers had been marketed as toning shoes that are supposed to help wearers get their booty, legs, and abdominal muscles in better shape, as well as help them lose weight. The shoes were also supposed to improve posture.

In 2013, the Federal Trade Commission refunded consumers that bought toning shoes from Skechers after the manufacturer consented to pay a $40 million settlement. Other Skechers toning shoes that have come under fire are the Toners shoes, the Tone-up shoes and the Resistance Runner. The FTC said Skechers’ advertising for the toning shoes included false information, and ,also, that the studies the company touted as proving that the shoes provided any health benefits were false and contained flaws.

May 28, 2015

The Dangers of Driving on Wet Roads in the Summertime

by Altman & Altman

The dangers of ice and snow-covered roads are clear, but many people underestimate the risk of driving on wet roads. Wet pavement actually contributes to more than a million crashes annually. Unfortunately, it is difficult to avoid driving in the rain, which can appear in the midst of an otherwise dry and sunny day. However, by following the safety tips below, you can significantly reduce your risk of a rain-related accident.

Wet Road Safety Tips

Avoid using cruise control on wet roads.Cruise control is a helpful feature in dry conditions, but it can increase your chance of losing control of a vehicle on wet roads. Decelerating by lifting your foot off the gas pedal can help your tires regain traction if the vehicle begins to hydroplane. Unfortunately, this technique is not possible when cruise control is engaged. Additionally, driving in any type of adverse weather demands your full attention and control.

May 27, 2015

Metalworkers Who Accidentally Started Back Bay Fire that Killed Two Firefighters’ Lives Could Still Be Sued for Wrongful Death

by Altman & Altman

Although the two metalworkers responsible for starting the nine-alarm fire at an apartment building last year that killed two Boston firefighters will not be criminally charged over the incident, they could still be sued for Massachusetts wrongful death. The D & J Ironworks workers were welding a wrought-iron railing, which sent sparks into a rotting wood shed.

While prosecutors said the two workers were careless, they were found to not have acted with “conscious disregard” or the knowing that they were putting anyone at risk of injury or death with their actions. According to the investigation, the two workers’ behavior fell short of what is required to file a criminal case.

The workers went to Back Bay on March 26, 2014 to install railings at the back of the building next to where the fire happened. Because one railing did not fit properly, they began to weld it into the right size, which is when the fire started.

May 26, 2015

Choosing the Right Massachusetts Nursing Home For Your Loved One

by Altman & Altman

The decision to find a nursing home for your parent or other loved one is often accompanied by a mix of emotions, financial concerns, and an overwhelming fear of making the wrong choice. While the vast majority of nursing home facilities have the best interests of their residents in mind at all times, there are exceptions to this rule. According to the National Center on Elder Abuse (NCEA), a study of 2,000 nursing home residents showed that 44 percent claimed they had been abused. Fortunately, there are multiple ways of safeguarding your loved one against elder abuse and neglect in a nursing home. Doing your homework before choosing a facility, and maintaining adequate communication with your loved one are key.

Tips for Selecting the Right Facility

Ask around. Chances are, you know several other people who have been down this road before. If their loved one has been in a nursing home for a while, and is very happy there, add that home to your list of potential candidates. Alternatively, you may hear negative reviews about a home you were seriously considering. Remember, people can have very unique, isolated experiences that shouldn’t necessarily condemn an entire facility. For example, that person’s loved one may have lived at the nursing home when a disgruntled ex-employee was still on staff. Ask questions, but don’t jump to conclusions. You can also ask doctors and social workers for opinions on good nursing homes.