Pinson v. 45 Development, et al: Premises Liability Cases and Known Dangers

Our Boston personal injury lawyers understand that, in premises liability cases, the defendant will often to try to escape liability by claiming that the plaintiff was injured by an obvious danger.

993863_ladder.jpgIn Pinson v. 45 Development, a contractor was hired to install an electronic sign at a store. He was a master sign electrician with years of experience. He was using a bucket truck to get to the sign canopy. The canopy was constructed in such a way that he not have a place to stand. It was basically a metal frame with vinyl stretched over top. There was no way to gain access from underneath the sign.

Continue reading "Pinson v. 45 Development, et al: Premises Liability Cases and Known Dangers " »

Metzler v. BCI Coca-Cola Bottling: Proving Liability and Damages in Personal Injury Cases

Our Boston personal injury lawyers understand that the need to prove both liability and damages separately can be confusing to plaintiffs.

hospitalroom1.jpgMetzler v. BCI Coca-Cola Bottling, decided by the Supreme Court for the State of Arizona, involved a plaintiff who was shopping at a grocery store in Tucson. While in the store, she slipped on water that was leaking from a refrigerator. The refrigerator was not owned by the store; rather, a soft drink company that had placed the refrigerator in the store owned it.

The personal injury suffered by the plaintiff was severe, and she made an offer to settle the case for $150,000. The defendant rejected the case, and it went to trial. The jury found that the defendant was responsible for the plaintiff's injuries and awarded her a verdict in the amount of $1.5 million.

Continue reading "Metzler v. BCI Coca-Cola Bottling: Proving Liability and Damages in Personal Injury Cases " »

Could Boston Bike Share Increase Brain Injury?

Bicycle riding is a popular way to get around Boston and many major metropolitan areas in the United States and bicycle share programs have been making it easier for more people than ever to commute via bike. Unfortunately, recent studies suggest that in cities with bike share programs, there is dramatic increase in the number of people who experience brain injury. no--bicycles-1444541-m.jpg

Brain injury can have devastating and lasting effects and can be very costly to treat. Unfortunately, bicycle accidents leading to brain injury frequently occur because drivers fail to share the road in a safe way with bicycle riders. When a driver is to blame for causing a brain injury, he becomes responsible for compensating the victim or his family members for the economic and non-financial costs of the injury. An experienced Boston brain injury lawyer should be consulted to provide assistance to those who wish to take legal action after a bicycle accident.

Continue reading "Could Boston Bike Share Increase Brain Injury? " »

Sexual Abuse a Risk in Boston Nursing Homes

Many different types of elder abuse can occur in nursing homes in the Boston area. While most people worry about physical and financial abuse as primary risks for seniors, sexual abuse is a real possibility that could have devastating effects for an older nursing home resident. healthcare-upclose-885334-m.jpg

Victims of any type of nursing home abuse or neglect should consult with an experienced Boston nursing home abuse lawyer for help. Family members also need to be alert for signs of problems and inappropriate behavior, especially when nursing home residents are no longer able to communicate about the treatment that they are receiving.

Continue reading "Sexual Abuse a Risk in Boston Nursing Homes " »

Older Victims of Traffic Accidents at Risk of Spinal Cord Injuries

Damage to the spinal cord generally causes permanent injuries. One factor that can impact the extent of spinal cord injury is the age of the victim. A new study suggests older individuals may have a worse prognosis when spinal cord damage occurs. different-1131676-m.jpg

Those responsible for causing an injury to the spine must fully compensate the victim for all costs. The fact that the victim's age is a factor in the severity of the injury does not absolve a negligent party of being responsible for covering treatment expenses, lost wages, pain and suffering, emotional distress and other damages. A Boston personal injury lawyer can help those who have suffered a spinal cord injury to pursue a damage claim to obtain compensation.

Continue reading "Older Victims of Traffic Accidents at Risk of Spinal Cord Injuries " »

Have a Safe and Happy Fourth of July Weekend

Our Boston personal injury lawyers would like to take this opportunity to wish you a safe and happy Fourth of July weekend.

fireworks12.jpgEach year, countless people flock to Boston to celebrate our nation's birthday. Many will walk, ride the T, or drive down to the esplanade on the Charles River for a day of fun before watching the spectacular fireworks display. There are truly a lot of great activities and a lot of fun to be had. However, with so many people coming into the city, is imperative that everyone does their part to stay safe and injury free. Both drivers and pedestrians can take actions to help prevent injuries.

A recent article on CBS Boston shows just one example of a fatal traffic accident involving pedestrians that occurred in this part of town. According to reports, a 28-year-old man and his girlfriend were at the Charles River esplanade before heading down Beacon Street when two cars collided. One of the vehicles rolled from the force of the collision and hit the young couple. He died at the scene and she was rushed to Brigham and Women's Hospital where she later died. Lanzilotti was an employee of the Red Sox baseball organization, according to a team spokesperson. Boston Police continue to investigate this tragic accident but have not released any findings as of yet. Police are looking for anyone who may have witnessed the accident. People who live in the area told reporters that drivers frequently drive too fast in this area, and that may have contributed to the accident.

Continue reading "Have a Safe and Happy Fourth of July Weekend " »

Evangelical Lutheran Good Samaritan Society v. Kolesar - Nursing Home Arbitration Agreements

Increasingly, nursing homes and long-term care facilities are seeking ways to shield themselves from litigation stemming from neglect, abuse or negligence by shoving arbitration agreements in front of new patients.
Boston nursing home neglect lawyers know that in most cases, these agreements are not a mandatory element of acceptance into the facility, and they serve only to diminish the rights of those who have been injured as a result of the nursing home staff's actions or inaction.

That doesn't necessarily mean those whose disputes are handled by an arbitrator will be unsuccessful. However, the process tends to be skewed in favor of the facility, which is why we will often first assess whether there is evidence the arbitration agreement was unconscionable. In nursing home abuse cases, this usually is a result of the agreement being signed by someone too ill to make those kinds of decisions on their own, or by someone signing an agreement on the patient's behalf when he or she did not have the legal authority to do so.

Continue reading "Evangelical Lutheran Good Samaritan Society v. Kolesar - Nursing Home Arbitration Agreements " »

Cox v. Wal-Mart Stores - Establishing Premise Liability Claim for Defective Doorway

A customer at a store should have an assurance the property will be in a reasonably safe condition from the moment they walk in the door - sometimes sooner. They should have confidence that if there is any potentially dangerous situation on site, it will be either open and obvious, or they will receive ample warning about it from management.
When that doesn't happen and injury results, our Boston personal injury lawyers are here to help initiate a premises liability lawsuit.

In the recent case of Cox, et al. v. Wal-Mart Stores, Inc., it was the doorway itself the plaintiff alleged to be defective and dangerous, and accused the store of failing to warn her about it. This case was removed to federal court upon request of the defendant, after first being filed in Mississippi state courts. Still, because the incident occurred in Mississippi, state law there governs whether the plaintiff has a valid case.

Continue reading "Cox v. Wal-Mart Stores - Establishing Premise Liability Claim for Defective Doorway " »

Graf v. Hospitality Mut. Ins. Co - First Circuit Caps Damages for Mass. Restaurant Injury

The U.S. Court of Appeals for the First Circuit has limited liability of the insurance company of a Massachusetts restaurant/bar where a woman was injured following a brawl.
The issue in Graf v. Hospitality Mut. Ins. Co. was not whether the facility was negligent in providing security or whether that resulted in the plaintiff's injuries. That was established during a previous lawsuit where the patron sued the restaurant directly, resulting in a $500,000 judgment in her favor.

Boston personal injury lawyers understand the issue in this action was to what extent the bar's insurance company was liable for $112,000 in prejudgment interest against the owner and an employee of the facility.

Continue reading "Graf v. Hospitality Mut. Ins. Co - First Circuit Caps Damages for Mass. Restaurant Injury " »

FCH1 v. Rodriguez - Negligent Security at Issue in Sports Bar Injury

A man was sitting in bar, watching Monday Night Football, when he was toppled by a fellow patron who dove for a souvenir tossed by an actress into the crowd. The man suffered a severe knee injury, which required expensive medical treatments.
When he sued the owner of the sports bar, he was awarded $6 million at a bench trial in Nevada. However, a review of FCH1, LLC v. Rodriguez by the Nevada Supreme Court resulted in a reversal and remand of the case.

Boston personal injury lawyers find this case especially relevant at this time, when radio stations, bars, sports franchises and others host summer concert series and other events where there are large, tightly-packed crowds. Management of these crowds through ample security and other strategic measures is one way in which these entities can keep their patrons safe - and avoid personal injury litigation.

Continue reading "FCH1 v. Rodriguez - Negligent Security at Issue in Sports Bar Injury " »

Patterson v. Christ Church - Tourist's Boston Injury Lawsuit Rejected

In the height of the summer travel season, Boston, with its wealth of history and stunning landmarks is a top destination for tourists.
Unfortunately, sometimes these travelers suffer injury while they're in town. Just like anywhere else, there is the potential for car accidents, bus accidents, bicycle crashes, slips and falls and even crimes of opportunity predicated on negligent security.

Boston personal injury attorneys are dedicated to the aggressive civil representation of those who were harmed while visiting our city. These plaintiffs may have special concerns regarding feasibility of travel and other issues.

Continue reading "Patterson v. Christ Church - Tourist's Boston Injury Lawsuit Rejected " »

Filepp v. Boston Gas Company - Timely Notice of Injury Crucial

A man injured in a Boston bicycle accident has lost his bid to further pursue legal action against the company he claims caused the dangerous condition that resulted in his crash. The Massachusetts Court of Appeals recently ruled in Filepp v. Boston Gas Company Inc. the bicyclist failed to provide proper notice of injury to the defendant within the 30-day window.
Boston bicycle accident lawyers point to this case as an example of why one of the first things any injured party should do is contact an attorney. Although injury victims bringing ordinary negligence claims have three years in which to file, there may be other requirements about which you are not aware that we can help you to meet quickly, thus reserving your right to pursue litigation and collect compensation.

According to court records in the Filepp case, the plaintiff sustained serious injuries after he fell from his bike in Brookline while riding along Harvard Street. The plaintiff contends the reason he fell was because there was a two-inch rut in the pavement, created by the Boston Gas Company. The firm was reportedly conducting work on gas lines that ran underneath the street.

Continue reading "Filepp v. Boston Gas Company - Timely Notice of Injury Crucial " »

Lawrey v. Kearney - Medical Malpractice Witnesses Must be Chosen With Care

A baby girl suffered permanent nerve damage to her right arm and shoulder, following a traumatic birth in which her mother claims the attending physician was negligent.
Boston birth injury attorneys recognize that one of the most critical components in these kinds of cases is presentation of appropriate expert witness testimony. It's not enough to show the actions of the doctor proximately caused the injury to the child, as would be the standard in an ordinary negligence claim. Rather, the testimony of a similarly-situated medical professional must establish that the defendant's actions breached the acceptable standard of care.

The case of Lawrey v. Kearney Clinic, P.C., et al., reviewed recently before the U.S. Court of Appeals for the Eighth Circuit, is a prime example of what can happen when the plaintiff's chosen medical expert fails to lay this foundation in his or her testimony.

Continue reading "Lawrey v. Kearney - Medical Malpractice Witnesses Must be Chosen With Care " »

Walker v. Collyer - Non-Signatory Can't be Forced to Arbitrate, Mass. Court Rules

Usually when we come across the issue of nursing home arbitration agreements, we are looking at it from the perspective of the patient and his representatives attempting to avoid an arbitrator and instead take the case to court.
The reason is because most of these forced nursing home arbitration clauses contain lots of fine print, and it essentially minimizes the facility's risk of being held responsible for negligent action, which is typically better suited to determination by a judge and/or jury. Most people don't realize these agreements often amount to forfeiture of many of the rights that would otherwise be afforded. Boston nursing home negligence lawyers have strategies for successfully striking down these agreements, including arguing that the agreement is unconscionable (inherently unfair) or that the party who signed it on behalf of the patient wasn't legally authorized to do so.

The recent case of Walker v. Collyer, before the Massachusetts Court of Appeals, was different in that it involved an attending physician at a nursing home attempting to avoid being compelled to participate in arbitration with the widow of a deceased patient, per the terms of an agreement signed by the patient and the facility.

Continue reading "Walker v. Collyer - Non-Signatory Can't be Forced to Arbitrate, Mass. Court Rules " »

Wilkins v. City of Haverhill - Massachusetts Supreme Court Weighs Slip-and-Fall Claim

The Massachusetts Supreme Court has reversed an earlier judgment in favor of a city/ landowner in a slip-and-fall negligence case, wherein a mother attending a parent-teacher conference was seriously hurt after slipping and falling on ice.
The court found in Wilkins v. City of Haverhill that the purpose of the land, as it relates to the statute, was altered at the time of the incident because it was only open to a small, discrete group during those hours. Had it occurred during normal business hours, the result may have been different.

Boston fall accident attorneys understand at the center of this case is Mass. Gen. Laws ch. 21, 17C. This statute bars claims of ordinary negligence against any landowner (including a government landowner) that has opened the land for use by the public for purposes of education, recreation, conservation, religious activities (as well as a few others) without charging any sort of fee.

Continue reading "Wilkins v. City of Haverhill - Massachusetts Supreme Court Weighs Slip-and-Fall Claim " »