Boston Personal Injury Attorney Blog
Published on:

Our Boston personal injury lawyers know cases involving injuries to children can be especially hard on families.

880737_brain_001.jpgAccording to a recent story from News10.com, the family of a ninth grade student at a school in Hialeah, Florida filed a negligence lawsuit against an event company. The girl was attending Spirit Day at the school and was participating in a sumo wrestling game.

The girl was wearing a sumo wrestler suit provided by the event company. The suit allegedly did not fit her properly. The family, through their attorney, alleged that the improperly fitting suit and insufficient supervision caused the girl to have her head banged against the floor several times.
Continue reading

Published on:

Our Boston fall injury lawyers know premises liability law in Massachusetts is distinct from many other states.

1031747_hospital.jpgIn Demag v. Better Power Equipment, an appeal heard by the Vermont Supreme Court, the plaintiff worked at a car dealership. One of the services offered by the dealership was that they would pick up the customer’s car and return with the car after service was completed.

The plaintiff was a driver who would drive his own car to the location where the customers’ cars were, leave his car, and return to the dealership with the customers’ cars. The plaintiff was responsible for picking up the cars owned by the defendant and his wife several times a year.
Continue reading

Published on:

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

Published on:

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

Published on:

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

Published on:

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

Published on:

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

Published on:

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

Published on:

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.
book.jpg
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

Published on:

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.
revolvingglassdoor.jpg
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