Boston Injury Lawyer Blog

June 28, 2013

Red Sox Fan Awarded $4.3 Million in Liquor-Premises Liability Case

A Boston Red Sox fan who was harassed and stabbed by a New York Yankees fan at a restaurant in 2010, has been awarded $4.3 million by a jury.

The New Haven jury reached its verdict on Thursday, siding with the victim Monte Freire, and against the U.S.S. Chowder Pot III. Bartenders apparently ignored warnings by Freire and other guests that the Yankees fan, identified as John Mayor, was harassing patrons and trying to start a fight, and continued to serve Mayor more alcohol.

Freire, 45, suffered life-altering injuries including a brain injury, stroke, impaired speech and vision, as well as severe scarring when he was stabbed in the neck by Mayor. Mayor was arrested and convicted of assault and is now serving a 10-year prison sentence.

According to the restaurant’s attorney, Jan Trendowski, Chowder Pot plans to appeal the verdict. Trendowski cited that the bartenders were aware that Mayor was being disruptive and a “jerk” to other patrons, but did not decide to cut him off from being served. Mayor had told Freire and his friends that because of their accents, he assumed they were Boston fans, and that the bar was strictly Yankees territory and they were unwelcome there. Mayor allegedly continued to provoke the group of men and subsequently attacked Freire.

Two types of cases are present in this situation: a criminal case against Mayor, and a liquor liability case against the restaurant, U.S.S. Chowder Pot III. Liquor liability or dram shop cases apply to any establishment that sells and serves alcoholic beverages: bars, nightclubs, restaurants, social clubs, country clubs, liquor stores, and even individuals who serve alcohol to guests at a private party. Under Massachusetts law proprietors and social hosts are required to discontinue serving or selling individuals alcohol if they are visibly intoxicated. Those who violate this law are subject to civil liability should the intoxicated person(s) injures himself or another individual.
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June 25, 2013

Boston Medical Malpractice May Lead to Hospital Infections

by Altman & Altman

A recent article in The New York Times talks about how hand-hygiene can be a challenge for some hospital workers. This is cause for concern, seeing as the number of incidents involving superbugs resistant to drugs is growing in number. While some bugs and infections can’t be prevented, there are those that can be stopped or avoided if only hospital staff had taken the necessary sanitation and precautionary measures. In Massachusetts, if you feel that the infection or affliction you contracted while at a hospital or another medical facility was caused by staff negligence, please contact our Boston medical malpractice law firm right away.

The Centers for Disease Control and Prevention reports that infections acquired at hospitals cause almost 100,000 patient fatalities annually. Some causes of these infections that preventable, aside from poor hand-hygiene (The Times says that studies report that unless they are motivated/encouraged, hospitals workers clean their hands as little as 30% of the time that they engage with patients), include failure to sterilize the patient, not putting on the appropriate sterile gown, hat, mask, and gloves, failure to maintain a clean and sterile environment, failure to sterilize surgical instruments prior to use, not double gloving during surgery, not properly handling or disposing certain needles, laboratory waste, pathology, anatomy, and blood, and failure to recognize/treat signs of infection.

An infection can prove deadly for some patients, especially those that are very young, advanced in age, and/or have compromised immune systems. Unfortunately, ignorance, negligence, understaffing, exhaustion, inexperience, poor training, emergency situation pressures, and inadequate systems and procedures can cause doctors, nurses, and other staff to cut corners or skip key steps that might have prevented an infection and/or death. Hopefully, new federal rules that will cause hospitals to lose Medicare funds should patients contract preventable infections will provide some incentive for change, awareness, and action.

June 21, 2013

New England Patriots’ Aaron Hernandez Sued for Personal Injury in Man’s Shooting

by Altman & Altman

Aaron Hernandez, the New England Patriots tight end, is the defendant of a personal injury lawsuit accusing him of shooting a man in the face at a strip club out of state. The altercation purportedly took place in February 2013 while the two men were riding the same vehicle after visiting the club.

The plaintiff, Alexander Bradley, claims that Hernandez aimed the weapon at him and it went off. As a result, Bradley says, he lost on eye, required facial reconstructive surgery, and sustained damage to his right arm and hand. He contends that Hernandez wasn’t licensed to carry the gun. Bradley is seeking over $100,000.

If you or someone you love was injured in a Massachusetts incident that you believe was caused by someone else’s reckless or careless actions, please contact our Boston injury lawyers today.

Meantime, Hernandez could be facing more legal troubles. The body of 27-year-old Odin Lloyd was discovered near his home earlier this week in North Attleboro. Police secured a warrant to search the football player’s home after a rental car registered to him was connected to the murder. According to Boston’s Fox 25 news, an anonymous source says that forensic evidence linked a car driven by Hernandez to the crime scene and that he and Odin were together at a bar on the night that the latter died.

ABC News says that a security system in the NFL player’s home that includes video surveillance has been destroyed, as has a cell phone that has since been given police. Sports Illustrated CNN says that Hernandez will likely be arrested.

Source: Patriots’ Hernandez likely to be arrested, SI.com, June 20, 2013

Patriots Star Sued, TMZ, June 19, 2013

Lawsuit: Patriots’ Aaron Hernandez shot man after fight at a Miami Gardens strip club , Miami Herald, June 21, 2013

More Blog Posts:
Toddler’s Near Drowning Incident Serves as a Stark Reminder for Parents to Keep Kids Safe around Pools this Summer, Boston Injury Lawyer Blog, June 19, 2013

Study Finds Voice-to-Text is Just as Distracting as Manual Texting, Boston Car Accident Lawyer Blog, June 17, 2013

Drug Injury Lawsuits Blame Johnson & Johnson’s Tylenol for Liver Damage, Boston Drug Injury Lawyers Blog, June 13, 2013 Continue reading

June 19, 2013

Toddler’s Near Drowning Incident Serves as a Stark Reminder for Parents to Keep Kids Safe around Pools this Summer

by Altman & Altman

A Maine toddler who was found floating face-down in his family’s swimming pool last Thursday is slowly improving.

Cody Campbell, 2, was unresponsive when he was pulled from the above-ground pool by his mother. He had a pulse, but no brain activity at the time of the accident according to emergency responders.
Campbell, who is recovering at Maine Medical Center has made progress and now recognizes his parents and is now talking, though he is having some difficulties with his speech. Police say that Cody was at home with his mother and siblings when he went missing and was found in the pool.

Though the story did not end tragically, this situation serves as a reminder for parents to make keeping children safe around swimming pools a priority. According to the Center for Disease Control and Prevention (CDC), drowning accidents are the leading cause of injury death for young children ages 1 to 4, and the fifth leading cause of death for individuals of all ages.

Swimming pools pose the greatest risk for submersion injury or death by drowning to young children. Though the child may survive a near drowning experience, as was the case of Cody Campbell of Maine, nonfatal drowning may cause irreversible brain damage and long term disabilities, including memory problems, learning disabilities, and permanent loss of basic functions.

Who Is At Risk?

According to the CDC, rates of drowning incidents vary demographically by age, gender, and race. The highest rates are among those children ages 1 to 4, and typically males are at a greater risk for drowning than females. The biggest risk factor for drowning incidents is accessibility to water. Those who live close to bodies of water, those have a swimming pool, or those regularly visit a pool are generally more susceptible to pool-related incidents and drowning. Additionally, level of aquatic training and swimming strength are contributing risk factors.
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June 17, 2013

AAA Says Hands-Free Calling & Texting Devices Don’t Prevent Boston Distracted Driving Accidents

by Altman & Altman

According to the AAA Foundation for Traffic Safety, sending and reading text messages with a hands-free devices or talking on a cell phone without using your hands while driving are no less distracting than doing these activities manually. The AAA’s study comes as voice-activated technologies that let people talk, text, and Facebook while driving continue to grow in popularity. This is the most comprehensive study of its kind to date. In Massachusetts, please contact our Boston injury lawyers if you believe that your car crash injuries or a loved one’s death was caused by a negligent driver.

Per the study, which sought to gauge how mental or cognitive distraction affect driving, even these hands-free devices don’t take away the mental distraction that can arise from engaging in so many other activities while operating a motor vehicle. As the mind becomes more distracted, the brain’s reaction capabilities slow down, as does its ability to detect vital cues on the road, including pedestrians and stop signs.

These findings are important for hands-free device manufacturers and also makers to know so that they can make sure that consumers don’t end up thinking that these types of products make it safer to text and talk while driving. AAA CEO Robert Darbelnet even called the surge in hands-free technology a “public safety crisis” just waiting to happen.

June 12, 2013

Man Involved In Quincy, Massachusetts Construction Accident Suffers Electrical Burns

by Altman & Altman

A man who sustained electrical shock injuries in a Quincy construction accident was rushed to the hospital. A Boston Medical Center spokesperson said that Antonio Deponte sustained electrical burns on his forearms after making contact with a power line.

The intensity of the shock reportedly caused DePonte to fall a floor. He also suffered a head injury. The Massachusetts electrical burn accident occurred at the new Central Middle school.

Electrical Injuries and Massachusetts Construction accidents
While many electrical burns may not show themselves on the skin, their damage can be deep, causing severe injury to the tissue. Depending on the strength of the electrical current that was involved, heart rhythm disturbance, cardiac arrest, organ damage, serious entry and exit wounds, and even death occur.

Unfortunately, electrical injuries, including electrocution and electrical shock, are a serious risk for many construction workers every day. Many workers have to work around and with electricity. The Bureau of Labor Statistics reports that electrical accidents is one of the leading causes of construction accident fatalities, with hundreds of fatalities and thousands of worker injuries caused by electrical burns and shocks. Other common causes of Boston construction accidents involving electrical sources include high-voltage power lines, extension and power cords that are faulty or short circuited, defective or poorly maintained power tools, lighting, inadequate ground-fault protection, and negligent use of equipment.

As an injured construction worker, you may not be able to file a Boston electrical injury lawsuit against your employer, but you are likely entitled to Massachusetts workers’ compensation. There also may be other parties associated with the construction job, such as the owner of the project, another contractor, and others that you may be able to pursue legal damages from, in addition to other third parties involved in the accident.

Man injured in accident at Quincy school construction site, Boston.com, June 11, 2013′

Bureau of Labor Statistics

More Blog Posts:
GAO Report Finds State-Run OSHA Programs Failing to Meet Workplace Safety Goals, Massachusetts Workers’ Compensation Lawyer Blog, June 7, 2013
Worker Killed in Northampton Construction Accident, Boston Injury Lawyer Blog, April 19, 2013

Brockton Tractor-Trailer Driver Suffers Electrical Shock After His Truck Strikes Power Lines on I-95 in Attleboro, Boston Injury Lawyer Blog, August 17, 2012 Continue reading

June 10, 2013

Child Brought to Hospital after Ceiling Collapse in Lynn, MA

by Altman & Altman

A 12-year old child was hospitalized on Saturday night after a 6-by-6 foot piece of plaster from a section of a city apartment’s ceiling collapsed.

Authorities believe that the heavy rainfall from both Friday and Saturday is to blame. According to officials, water got into both the insulation and plaster in the third floor unit of the building, causing the ceiling to become waterlogged and eventually collapse.

The city building inspector responded to the scene to examine the whether the premises was up to code. The case is still being investigated.

Building codes are adopted to protect innocent tenants, guests, and employees from dangerous situations. Their purpose is to safeguard the public by making sure that buildings are sound and properly constructed, have adequate means of exit in the event of a fire, and are otherwise sufficiently safe and sanitary.

When building codes are violated or ignored, they can leave individuals seriously hurt; as was the case on Saturday night. By Massachusetts’s law, landlords are required to properly maintain their properties so that there are no unsafe conditions, and premises liability law holds landlords accountable when they neglect their responsibilities, and a person becomes injured or dies as a result.

As a tenant, your landlord is responsible for maintaining places such as common areas as well as areas where a landlord has exclusive control. Common areas include building entrances, lobbies, hallways and stairwells. Places such as rooftops, foundations, and other types of structural areas are considered places where the landlord has exclusive control and their maintenance falls under the direct responsibility of the property’s owner. Landlords need to take reasonable care of their properties and ensure that they are not only in good/working condition but also that they are sanitary and do not pose a major health threat. Examples of health and sanitary violations include mold, infestations of mice, termites or other insects that can compromise a tenant’s health. Additionally, landlords are liable for any necessary repairs to structural areas on their properties.
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June 8, 2013

Dementia Patients and Boston Nursing Home Abuse

by Altman & Altman

In an earlier blog post, our Boston nursing neglect and abuse lawyers talked about the recent report released by the Alzheimer’s Association, which one in three elderly persons suffers from Alzheimer’s and other types of dementia when they die and that deaths caused by dementia went up 68% between 2000 and 2010. This means that long-term care, health care, and hospice care costs are expected to rise dramatically from $203 billion now to $1.2 trillion in about 37 years. (By 2050 there will likely be about 13.8 million people suffering form Alzheimer’s.)

Unfortunately, there is no way to slow down or prevent dementia when it happens. Families and the afflicted must do the best they can, whether it means that a loved one must turn caregiver for the person suffering from Alzheimer’s or hire private nursing care or admit a loved one to a long-term care facility.

Because of what dementia does to a person-memory loss, problems communicating, inability to execute tasks, depression, behavior problems, mood swings, and personality changes-such vulnerabilities also means that a dementia/Alzheimer’s patient may be at risk of falling victim to Massachusetts nursing home abuse and neglect, including:

June 7, 2013

Wrongful Death Lawsuit Filed in Massachusetts Blames Hotel Security Guard for Teen’s Fatal Shooting During Class Trip

by Altman & Altman

In Middlesex County Court, the family of Justin Johnston is suing tour operator EF Institute for Cultural Exchange, EF Cultural Tours GmbH, EF Cultural Travel Ltd., and EF Travel Inc. for wrongful death. Johnston was on a trip to Costa Rica with his high school class in 2011 when he was shot by an unlicensed security guard at the hotel where he was staying. According to CBS, the guard mistook the 18-year-old for a thief.

John Johnston says that the guard was not properly trained and medical services were not readily available to save his son’s life. He claims that the tour operator did not reveal that emergency services at the hotel would be inadequate.

Justin’s dad says that EF, which claimed it was one of the largest education tour companies in the world, is the one that solicited teachers at his son’s US school to do the tour. He contends that the operator made repeated assurances that the kids would be safe. His family wants over $5 million in punitive damages for wrongful death, pain and suffering, gross negligence, and Massachusetts law on travel services violations.

June 4, 2013

Two MA Toddlers Seriously Injured after Window Falls

by Altman & Altman

Two children were hospitalized after falling out of second story windows in Plymouth and Wellesley this weekend.

In Wellesley, an 18-month old fell through a screen from a second story window and onto a deck below around 4:10 p.m. Sunday afternoon. She was taken to a Boston hospital as a precaution, but did not suffer any life-threatening injuries. Another 2-year old girl fell out from the second floor window of a residence in Plymouth, around 7:30 p.m. Sunday evening. She was airlifted to Tufts Medical Center in Boston and was listed in serious condition.
With the arrival of warmer weather, residents around Massachusetts are beginning to open their windows to let the fresh air in. Unfortunately the pleasant feeling of fresh air may turn tragic, especially in households with small children. Nearly 4,000 children are injured and more than a dozen children under the age of 10 die each year in the United States from window falls, according to Boston Children’s Hospital. Window falls are most often caused when children push themselves against the screen of an open window, resulting in the screen to give way, and the child to suddenly fall. Fortunately, there are ways for parents and caregivers to protect their children from falling out of windows.

Simple Tips to Prevent Window Falls

• Open windows from the top, instead of the bottom.
• Lock all unopened doors and windows.
• Keep furniture, beds and anything a child may climb on away from windows.
• Install child safety guards on windows.
• Always, always, always supervise children-especially in rooms with windows that are opened.

About Child Window Safety Guards

Child safety guards are usually made of aluminum or steel bars with a maximum of four-inch spacing. They are installed into the window frame and designed to withstand 150 pounds of pressure, but they may not be strong enough to keep a child from falling out. Another type of guard that may be temporarily installed is an operable window guards which are releasable and removable from the inside, without the use of tools, keys or excessive force. For windows that cannot sustain a fixed window guard, they are a good option. In fact, the Boston Fire Department recommends these types of guards because they are easily releasable in the event of an emergency. Though neither fixed nor operable window guards are required by law in Massachusetts homes, they are highly recommended for households with children under six years old.
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