Boston Injury Lawyer Blog

May 31, 2015

Boston Herald Report Shows Massachusetts Elevator Inspections Lacking

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.

May 26, 2015

Half-Dozen Injured in Pedestrian Accidents on the South Shore Over Memorial Day Weekend

by Altman & Altman

Six women were struck by a car on Sunday, making it the second reported pedestrian accident to occur this Memorial Day weekend.

According to WCVB.com, the women, in their 20s, were walking along Beach Road in Orleans when they were hit by a Honda Civic. All were transported to Cape Cod Hospital with serious injuries. This was the second accident to occur on Sunday: an elderly pedestrian was tragically struck and fatally injured while attempting to cross Route 3A in Hingham just around noontime near the entrance of Lincoln Plaza. Police say the man was standing on a sidewalk near an MBTA bus stop and possibly fell or stepped into the street when he was hit. Officials are preliminarily calling both cases accidents.

According to a report by the National Highway Traffic Safety Administration, 4,280 pedestrians were killed as a result of motor-vehicle crashes and 70,000 were injured in pedestrian accidents in 2010. The number of pedestrian fatalities in 2010 accounted for 13% of all motor-vehicle accident fatalities and the number of injuries accounted for 3% of the total amount of individuals injured in a traffic accidents.

May 23, 2015

New Bedford Wrongful Death Lawsuit Filed Against Police for Teenager’s Shooting

by Altman & Altman

The family of Malcolm Gracia is suing the city of New Bedford and its police department for Massachusetts wrongful death. The family claims that the 15-year-old was wrongfully detained in 2012 and he was shot without justification. They believe he was a victim of racial profiling.

Detectives detained the teenager after a police sergeant witnessed him on a video feed making what appeared to be a gang handshake. The family’s lawyer claims that the defendants targeted Garcia because of his socioeconomic and racial profile even though he wasn’t caught committing any crime.

Gracia tried to run from the police. However, as Detectives Tyson Barnes approached him, Gracia stabbed the officer three times. Another detective, Paul Fonseca, fired his Taser at the teen, who went down but refused to drop his knife. That was when Gracia was shot multiple times.

May 22, 2015

What Are My Rights If I Get Bitten By a Dog in Massachusetts?

by Altman & Altman

Every state has its own set of rules surrounding dog bites. Laws in certain states show more favor to the victim, while others show more favor to the dog’s owner. Some states are considered “strict liability” states, meaning the dog’s owner is strictly liable for injuries caused by their dog. On the other side of the spectrum, “one bite” states often forgive the first occurrence. Massachusetts has some of the best dog bite laws in the country, if you happen to be the victim.

Strict Liability

As a “strict liability” state, Massachusetts holds a dog’s owner liable for any harm the dog causes, including property damage or physical injury, with certain exceptions. If the alleged victim was trespassing at the time of the attack, the dog owner will not be liable. Similarly, if the alleged victim was teasing, tormenting, or abusing the animal, the dog’s owner will not be liable. However, if the victim is a child under the age of seven years, it will be presumed that none of the above exceptions apply. In cases involving a minor of less than seven years, the burden of proof will be on the dog’s owner.

According to the Centers for Disease Control and Prevention (CDC), dogs bite over 4.7 million people annually. Half of those bitten are children. Over 380,000 dog bite victims require emergency room treatment for their injuries. Small children, postal workers, and the elderly are most at risk for dog bites (in that order). However, young children (ages five to nine) are by far the most at risk, and the majority of their injuries occur on the face and neck. Continue reading

May 21, 2015

Bicycle Helmet Safety – the Importance of Preventing Head Injuries

by Altman & Altman

According to the American Association of Neurological Surgeons, bicycle accidents account for a significantly higher percentage of sports-related head injuries than football. This is surprising given that football typically dominates the head injury discussion. In fact, cycling is the number one cause of traumatic brain injuries in this country. This is also true of sports-related head injuries in children younger than 14. While bicycling is an exceptionally healthy, environmentally friendly activity, its wholesome image may mislead people into feeling invincible when on a bike.

The National Highway Traffic Safety Administration (NHTSA) reported that in 2013, 743 bicyclists were killed and 48,000 were injured in crashes with motor vehicles. When cyclists collide with a car or truck, their risk of serious injury and death skyrockets if they are not wearing a helmet. Approximately 90 percent of bicycle riders killed nationwide are not wearing a helmet. There is currently no federal law that requires the use of bicycle helmets, although many states and localities have their own laws. Most of these laws apply to children under the age of 18, however, there are certain laws that pertain to all ages. Although many states do not require the use of bicycle helmets for adults, the decision to wear one should not be taken lightly. Your chance of escaping serious head injuries and death is directly related to your choice to wear a helmet. Continue reading