Boston Injury Lawyer Blog

April 4, 2014

Experts Warn Many Backyard Decks can Collapse

As the weather finally begins to warm up after an especially brutal winter, families are eager to get outside and enjoy the milder spring on their decks. However, home inspection experts warn that of the two million decks that are built and replaced every year, only about 40% are actually safe. Deck collapses, especially those which are high off the ground, can lead to serious injuries and death.

As with so many tragic injury cases, most deck collapses are completely preventable. Eric Kent, co-owner of Archadeck of Charlotte, a company that specializes in building decks and porches, explains that most deck accidents result from improper attachment to the house or building. Weaker decks are commonly attached using a regular bolt, which can slide easily through wood, causing the deck to collapse. Instead, Kent suggests a “thru bolt” which is a “large, galvanized bolt that literally runs through the exterior wall of a house and into the deck supports.”

In addition to the contractors installing the deck, homeowners have a huge responsibility to inspect their decks frequently. A thorough inspection starts with checking for cracks and splits around the nuts and bolts, and also includes the wood and the railings. Eric Kent warns that springiness and mold are the first signs of rot, severely weakening the strength of the structure and increasing the risk of collapse exponentially. After the long winter, deck boards can feel damp and soft, even breaking apart to the touch. Imagine loading 15 family members and friends onto a structure that could disintegrate in seconds.
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April 4, 2014

Google Acquisition Nest Labs Halts Sales of Its Smoke Detector

by Altman & Altman

Nest Labs, the home electronics company Google recently acquired for $3.2 billion has stopped selling its smoke and carbon monoxide detectors amid grave concerns regarding its reliability in the event of an emergency. According to the New York Times, the smoke detector, known as “Nest Protect” can be inadvertently disabled when a person waves his or hands in front of the alarm. Perhaps inspired by the classic waving of a dish towel around the detector after cooking something especially smoky, the feature, called “Nest Wave,” was clearly not well-thought-out by the designers. Officials are worried that someone could potentially deactivate the alarm, rendering it useless in the event of a fire or carbon monoxide event.

It is easily to imagine how a child could unknowingly deactivate the alarm if it got close enough, putting the entire family at risk. A smoke detector and carbon monoxide alarm is one of the only electronics in the home that goes largely unnoticed until there is an actual emergency. They are the silent lifelines that only announce their presence when a threat is detected. If the alarm was disabled, it is possible no one in the home would even notice until it was much too late.

Nest Chief Executive Tony Fadell posted an open letter to customers on the company’s website explaining that Nest is making every effort to solve the problem. Fadell stated that the company has stopped selling the product until the feature in question has been remedied. He also mentioned that Nest would immediately begin deactivating the “Nest Wave” feature on devices already installed in homes. Fortunately, this is a process that can be done remotely to prevent any incidents with current customers.
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April 3, 2014

Social Media Posts Can Put Your Personal Injury Claim at Risk

by Altman & Altman

In the age of the internet, a keyboard is never more than a few inches away. Access to social media is literally at your fingertips, beckoning to vent your frustration to hundreds, thousands, maybe millions of followers. Most internet-savvy people would reach right for their phones after a car accident or injury to blow off some steam or to keep concerned loved ones informed of their condition. However, new data suggests social media fiends should think twice before posting about a personal injury case.

Insurance companies will try to use any posts, pictures, or interactions to dispute claims and prevent victims from receiving compensation for their injuries. The insurance companies can easily access your personal Facebook, Twitter, Instagram, and any other social media site to gather information that can be used against claimants to prove that they are misrepresenting injuries.

The practice might come as a surprise to most of the general public. It is a common assumption that medical records and doctor testimony is enough to back up claims made by personal injury victims, but in truth, insurance companies “actively work to disprove claims made by a victim’s doctor. Social media can be an integral tool in this pursuit,” according to Attorney Brian J. Mongelluzzo.
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April 2, 2014

Medical Malpractice Payouts Increase for First Time in a Decade

by Altman & Altman

According to the National Trial Lawyers, payouts for medical malpractice cases actually increased in 2013 for the first time in ten years. The National Practitioner Data Bank found that companies paid out $168 million more than 2012, an increase of 4.7%. Keeping consistent with the trend of years passed, the vast majority of the payouts (96%) were from settlements, not judgments.

The state of California saw the largest increase in malpractice payouts last year, with a $51 million jump. In total, 38 states, or 78% of the country experienced a surge in payouts. New Jersey and Pennsylvania also saw an increase, with payouts surpassing the total in 2012 by $43 million and $41 million, respectively. Interestingly, New York had the highest decrease, where they fell $73 million, but still remains the state with the high malpractice settlements overall. Other states that paid out less in settlements include Massachusetts and Illinois.

The top three states for Medical Malpractice are of course, the great state of New York, sitting in the top spot, followed by Pennsylvania and Massachusetts. Payouts per capita for the number one spot totaled a whopping $38.83. The population in New York State in 2013 was 19.5 million people. To put that into perspective, North Dakota had the lowest payouts per capita in the United States, with only $2.96. North Dakota had a total population of just 723,393.
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April 1, 2014

Settlement Reached in MA Child’s Escalator Death

by Altman & Altman

A normal day at the Auburn Mall in March of 2011 turned into a scene that will play over and over in the minds of Mark DiBona’s parents for many years. Four-year-old Mark was riding the escalator in Sears when he slipped through a space between the railing and the escalator and fell 18 feet on to the top of a displace case on a lower floor. The young boy sustained serious head injuries and passed away the next day.

The DiBona family was devastated by the loss and filed suit against Sears, Simon Property Group Inc., Schindler Elevator Corp. and Botany Bay Construction, according to CBS Boston. According to their lawyer, the family finds all four companies were negligent and were responsible for the death and suffering of their beloved little boy. The family claimed the escalator was in “dangerous and defective” condition and was in “violation of state building codes, escalator safety standards and the industry standards established by the American Society of Mechanical Engineers (CBS Boston).”
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March 31, 2014

GM Issues New Recalls for Chevrolet Cruzes and Multiple Models of SUVs and Trucks

by Altman & Altman

After expanding its ignition switch recall yet again by more than 900,000 vehicles, GM has now issued two other recalls for completely different issues. The problems: defective axel shafts and potential fire hazards in oil lines of several models of trucks and SUVs.

Last week, GM explained that it had stopped delivering Chevy Cruze 1.4-liter turbo sedan models to dealers because of a potentially defective right axel shaft that, according to GM, “can fracture and separate without warning,” while being driven. According to the company’s warranty data, several dozen vehicles have reported this problem, however GM has not been notified of any related crashes or injures.

In a released statement, General Motors stated that if the half-shaft breaks while a car is being driven, the vehicle’s breaks and steering will continue to function, but the car would lose power to the wheels without warning and coast to a stop. This recall encompasses more than 170,000 Cruze 1.4-turbo engine sedans in models years 2013 and 2014. An additional 3,000 Cruzes with 1.4 engine and manual transmissions from 2013 and 2014 model years (which were recalled last September for the same problem) will also be included in the recall and be repaired again.

In addition to the Cruze recall, GM also recalled more than 490,000 new pickup trucks and SUVs for a loose oil line that could be a fire hazard. All 2014 Chevrolet Silverado 1500s and GMC Sierra 1500 pickup trucks are being recalled, as well as brand new 2015 Chevrolet Suburbans, Chevy Tahoes, GMC Yukons and Yukon XL SUVs with 6-speed transmissions. The issue lies in the transmission oil cooler lines which may not be securely seated in their fittings.
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March 30, 2014

CPSC Reports That Liquid Laundry Packets Continue to Be a Child Injury and Poisoning Risk

by Altman & Altman

According to the Consumer Product Safety Commission, it has received about 1,230 reports of kids accidentally sustaining injury because of liquid laundry packets-a dramatic increase from the approximately 500 incidents involving kids and adult victims that it reported at the end of 2012. Meantime, the Poison Help Line says that the number of related reports is even higher at almost 17,500.

At Altman & Altman, LLP, please contact our Boston products liability lawyers if your son or daughter was injured because of a liquid laundry packet or any other type of product. Our Massachusetts child injury law firm handles claims and lawsuits against companies and other parties that may have been responsible in causing the harmful accident.

While efficient for doing laundry, single-load liquid laundry packets have proven to be highly toxic. One 7-month-old baby reportedly died from swallowing one of them. One of the reasons they are such an injury risk to kids is that they are small enough to insert in the mouth, soft and squishy to the touch, and tend to come in bright colors that attract the attention of young kids who might think the product is a toy or candy.

March 27, 2014

Contractors to Pay Family $14.8M for Natural Gas Explosion

by Altman & Altman

While the physical and emotional burden remains heavy, a sizeable financial weight has been lifted off the shoulders of Faye Boroughs and her son as a Florida jury awarded the family $14.8 million after an explosion in their home. Ms. Boroughs sustained severe burns on 33% of her body and remains permanently disfigured; a lifelong reminder of the explosion that claimed life of her partner. Michael Blanchard was burned on 98% of his body and suffered for three long weeks before succumbing to his injuries. The couple’s young son was in another part of the home at the time, but sustained psychological injuries.

According to the National Trial Lawyers, “evidence showed that the defendant companies violated gas safety codes and failed to adequately train their technicians.” The plaintiff’s attorneys were able to establish that the explosion was directly caused by negligent actions by Panhandle Plumbing and Andrews Cooling & Heating. Panhandle Plumbing did not seek the appropriate permits to install a gas line that was not properly labeled and lacked a safety shut-off valve-two very basic requirements. Andrews Cooling & Heating then installed a gas dryer with that faulty pipe, and ignored both the manufacturer’s instructions and minimum safety code provisions.
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March 26, 2014

Lunenburg Police Seek Witness in Hit-and-Run Crash

by Altman & Altman

Police in the small, central Massachusetts town of Lunenberg are seeking the public’s help in finding a vehicle that may have witnessed a hit-and-run accident and left the scene after the victim asked for help early in the morning on February 27. The victim was seriously injured when a pickup truck carrying a snow plow struck the pedestrian from behind and then sped away. The truck wanted by police is described as “a light-colored, possibly white, 1999 to 2003 Chevrolet or GMC pickup with a yellow plow… single cab with black molding around the wheel wells and black molding on the side,” according to WCVB.

Lunenburg officials are particularly interested in a second car driving in the same direction as the first vehicle that was caught on a security camera stopping in front of the victim seconds later. The driver got out of the car and appeared to speak to the injured pedestrian before getting back in his car and driving away, leaving the victim behind. Anyone with information is urged to contact police.
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March 26, 2014

Family of Joshua Messier Reach $3 Million Settlement in Bridgewater Hospital Death

by Altman & Altman

Joshua Messier was just 23 years old when he passed away five years ago at Bridgewater State Hospital, where he was a mental health patient. After a long battle, the family of Joshua Messier will receive a $3 million settlement stemming from a civil rights lawsuit alleging that prison guards were responsible for his death, according to Benjamin R. Novotny, an attorney for the parents.

The Boston Globe reports that Messier suffered from paranoid schizophrenia, and was killed when was strapped to a bed as “two of the guards pressed down hard on Messier’s back while he was seated on the bed with his hands cuffed behind him, folding his chest toward his knees, a maneuver sometimes called ‘suitcasing.'” This action is forbidden by state regulations because of the high risk of suffocation.

The death of the young man spurred an investigation by the Deval Patrick administration, which later placed three of the guards on duty on paid administrative leave, formally reprimanded two top correction officials, and asking for the resignation of a third official for failure to act on the findings.
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