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While it is not the favorite pastime of everyone in the greater Boston area, deer hunting is actually quite popular in much of Massachusetts and throughout New England. As we find ourselves in hunting season, it is not surprising to hear about hunting accidents on the news.   While not every routine accident will make the news, some capture the public attention more than others.

deer-1387132According to a recent news feature from M Live, one woman, who is not a hunter, was apparently walking through a plowed-over cornfield with her daughter when her daughter saw a deer through her binoculars. It was a buck deer that they assumed had been shot and was dead. At this point, she decided they should take the deer and use the meat to feed the family. It is not unheard of for a hunter to shoot a deer, but the deer gets away only to die a short time later. Continue reading

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Skiing in a very popular activity across New England, including in the Commonwealth of Massachusetts.   While skiing can be lot of fun, it happens to be somewhat of an inherently dangerous activity. It is for this reason, whenever your purchase a lift ticket or season pass, you are required to agree to sign a waiver that essentially excuses the ski area from liability.

skiing-1371473It should be noted that these waivers often tend to go too far to try to limit the ski area’s liability from everything, from routine accidents to gross negligence and willful acts committed by their employees. These extreme clauses in the liability waivers are not likely to be upheld in Massachusetts, as they may be against public policy, but some clauses in the waivers may be effective. There are also choice of law provisions and often times a requirement to submit to binding arbitration, and these are things you should discuss with your attorney. Continue reading

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Most people have heard that NBA superstar Lamar Odom was admitted to the hospital after being found unconscious at a legal brothel in Nevada last month. Dennis Hof, owner of the infamous brothel, said Odom arrived at the brothel on October 10th and asked for two escorts to take him to the VIP room. He then asked for all employees to sign a confidentiality agreement and was not seen until October 13th, when he was found unresponsive in his room. He was rushed to the hospital, where he placed on life support.

457973__1Doctors determined that he had suffered from several strokes and kidney failure in what was initially reported as a drug-related episode. At first, many people thought he was dead, and then a day later, it was revealed that he was alive but had suffered severe brain damage. He reportedly cannot recognize his family or perform basic tasks. Continue reading

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According to recent article from the Boston Herald, a 67-year-old woman was on her way to a community theater where she volunteers her time to make costumes for the theater company’s productions. While she was driving, a 4×4 wood board smashed through the front windshield of her vehicle and ended up just a few inches from her head. Had the board hit her, it would most likely have caused serious personal injury or death. The woman told police it all happened in an instant. She could not believe what had happened and knew how close it came to hitting her in the face.

1409592_gavel_2At the time of what is being described as a freak accident, the woman was headed north on I-91 in Springfield. A box truck hit the wooden board that was already lying on the road surface in the middle lane. When the truck hit the board, it flipped and went flying behind the truck and into this woman’s windshield. Continue reading

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Ross v. Marion, a case heard by the Supreme Court of Alabama, involved a woman who filed a wrongful death case under a theory of medical practice and negligence in connection with the death or her husband.

photo_emerging_TBIIn 2009, victim went to defendant’s hospital to undergo a kidney removal procedure. While under general anesthesia, victim suffered a heart attack. Doctors were able to revive victim from his unconscious state, but the heart attacked caused victim to suffer a medical condition known as hypoxic encephalopathy. This is essentially meant to indicate a loss of oxygen to the brain. This results in severe brain damage, leaving victim in a nonresponsive state. Continue reading

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Skydiving is an inherently dangerous activity. People who do this are choosing to jump out of an airplane at a high altitude, so they can experience the rush of freefalling through the air and then being able to float safely to the ground using a nylon parachute. Every year, there are many accidents involving skydivers, though most of them involved broken bones, sprains, and bruises caused by a rougher than expected landing. Deaths do occur, but they are not as commonplace as one might think with an experienced instructor and properly maintained equipment.

parachute-1441018However, regardless of how safe or dangerous one might consider skydiving, anyone who wished to participate through the use of a professional skydiving business is likely required to sign an extensive waiver in which the diver accepts that skydiving is dangerous and disclaims any and all liability on behalf of the business. Continue reading

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Lassiter v. N.C. Baptist Hosps., Inc., a case from the Supreme Court of North Carolina, involved a plaintiff who alleged defendant hospital was negligent in failing to properly treat him for a very severe case of jaundice. Plaintiff alleged that, due to this failure to treat the jaundice condition, he was left permanently disabled.

stethascope1After plaintiff filed his complaint for negligence and medical malpractice with the assistance of a conservator, defendant hospital filed an answer denying that plaintiff’s injuries were a result of negligent acts committed by the hospital or its employees. After filing an answer denying the allegation, defendant also filed another motion requesting that the trial court schedule a discovery conference and enter a discovery scheduling order. This is standard practice in most civil cases, including those with medical malpractice allegations. Continue reading

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There is no question football is a dangerous game. Every time your child puts on his uniform and steps on the field, there is always a risk that he could be injured. Sometimes, we are talking and sprains and bruises or even broken bones, and other times we are talking about serious head and neck injuries. The fact that tackle football is so dangerous is the reason the school requires parents to sign a waiver stating they understand what could happen and assume the risk of an injury.

1037536_money_in_handAssumption of risk is a common defense to cases where a victim is injured while doing a potentially dangerous activity, and releases are commonly required. Every time you do certain activities, like skiing, sky diving, and going on certain amusement or a water park rides, you have to sign a waiver. When you go skiing, the lift ticket you clip on your zipper contains a lot of fine print that constitutes such a waiver. Continue reading

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According to a recent news story article from ABC News, a high school football player at a California school suffered a serious head injury during a game. He is currently in a medically induced coma, so doctors can perform multiple surgeries to suppress the bleeding and swelling and work to his life.

457973__1While this is not the first accident, or serious head injury, to occur during a high school football game, it was far from the typical injury. Witnesses say the play during which the student was hurt seemed like a routine tackle – nobody was sure how he was injured so badly. At first, he had appeared to have blacked out and had trouble getting up. Continue reading

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Anyone who is a fan of the Tonight Show has probably heard about how Jimmy Fallon injured his hand when he fell and got his ring hung on the edge of a table as he was headed to the ground. As far as hand injuries go, that incident was fairly severe. He was required to have ongoing medical treatment and rehabilitation, and the network was forced to suspend taping his show temporarily. It has been reported that he almost required an amputation following that fall, but fortunately doctors were able to save his finger.

1100587_hospital_handWhile Fallon is back on the air and seems to be doing well, he recently managed to injure his other hand when he was attending an event at Harvard University, according to a recent news report from the Boston Herald. Witnesses say Fallon was at the Boston area university to be honored by the Harvard Lampoon for his achievements in comedy. Specifically, he was being given the Elmer Award for Excellence in Humor. While many may not be aware, many of the most famous comedy writers and performers attended Harvard University and were part of the Harvard Lampoon. Continue reading