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January 8, 2012

Off-Duty Officer Shoots Woman in Hunting Accident in Massachusetts

A woman was accidentally shot by an off-duty Massachusetts State Police trooper in a recent hunting accident in Norton, according to Mail Online. The husband of the woman who was shot is now asking deer hunters to pay more attention and know their targets before heading out with deadly weapons into the wilderness.
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Our Massachusetts premise liability attorneys understand that hunting is intense, and ask hunters to be safe and cautious out there. The 66-year-old woman was shot in the hip while walking her two dogs. The husband of the victim is not only calling for hunters to be safer in the woods, but he's also calling for a further probe into the investigation of the incident that left his wife as a hunting target.

"My mother was shot. This is not OK," says the daughter of the victim.

After the accident on New Year's Eve, the woman was sent to the trauma intensive care unit of Rhode Island Hospital and was last reported to have been recovering from a fractured pelvis.

The hunter says that he accidentally shot the victim after he mistook her two dogs for deer. The accident happened during the evening hours as he was using a black powder rifle to take down deer. After the shot was fired and the target was struck, the off-duty officer ran to her side and started to administer first-aid tactics to help keep her alive as he called 9-1-1.

According to authorities, the off-duty officer is properly licensed and is not currently facing any criminal charges.

Hunting Safety Tips:

-Always treat a firearm as if it's loaded. Make it a habit!

-Always point the muzzle in a safe direction. About 70 percent of all hunting accidents are self-inflicted injuries. This means that at the time of the accident, the muzzle was pointed at a person. You always want to point it in a direction so that if it fired off, no one would be injured.

-Know your target. You always want to know exactly what you're shooting at and what's beyond it. Always positively identify what you're shooting at before pulling the trigger. Shooting at something you're unsure of is a gamble. In this Massachusetts hunting accident, the gamble was with a human life. We don't always hit our target. For this reason, make sure that what is behind and around your target is safe. Never shoot into an area that could harm another person.

-Fingers outside the trigger. Keep your finger outside of the guard until you're ready to fire. Many accidental shootings happen because trigger guards were not properly used. Always protect yourself and the ones around you. Be responsible.

For more information about deer hunting in Massachusetts, visit the Massachusetts Department of Fish and Game.

Continue reading "Off-Duty Officer Shoots Woman in Hunting Accident in Massachusetts" »

December 9, 2011

Premise Liability Hazards Increase Risk of Accidents Involving Shoppers in Boston, Elsewhere

Shoppers in Massachusetts who survived Black Friday without injury should consider it a small feat considering it is the most dangerous shopping day of the year. Even though the big event is over, shoppers and consumers will still be packing malls and shopping venues in the weeks to come, on the hunt for irresistible deals and gifts.
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Injuries from shopping accidents in Massachusetts are more common this time of year when a business or merchant doesn't take the necessary precautions to keep their premises hazard free.

We remind you of the post we did in October on our Boston Personal Injury Attorney Blog when we reported that a Massachusetts woman is filing for compensation following a 2006 shopping injury at a WalMart that left the bone in her ring finger exposed. The woman had tried to reach for a gift located on the top shelf and snagged her ring on a metal latch sticking out from the shelf. This accident, also known as degloving, could have been avoided if the WalMart had ensured customer safety by properly maintaining the property.

Boston premise liability lawyers find in many cases that retailers and store owners are considered negligent if they knowingly leave a hazard unattended. Maintaining the store property, including parking lots, sidewalks, and inside the premises is vital to keeping customers and employees free from injury.

There are several types of shopping-related injuries but the most common is slip and fall accidents, which are sometimes caused by an icy sidewalk, a freshly mopped floor, or cluttered aisles to name a few. Shopping cart injuries are also common this time of year when a child's finger gets stuck, a cart topples over or is left unattended in an overcrowded parking lot. Head and neck injuries can often result when a customer is struck by a falling object from a shelf or boxes fall from an unsafely stacked store display.

Elevator and escalator injuries are also common when customers are riding and experience a malfunction. Overcrowding on these riding apparatuses can make them dangerous and present an exit hazard when customers can't escape during an emergency situation.

Store owners and merchants are also responsible for keeping parking lots safe and hazard free. This means keeping surveillance cameras functioning properly, security cars patrolling the area and maintaining a well-lit parking environment to protect shoppers from assault or theft when they return to their cars. If a winter storm dumps an accumulation of snow, clearing the lots and sidewalks and laying down salt on top should be a top priority to prevent a slip and fall accident from occurring.

Shoppers are urged to use extra caution this time of year as stores will be overcrowded and liable for accidents. Keep close tabs on your children in the store and in the parking lot. Stay alert for shopping hazards like displays or falling objects. Try to avoid shopping after dark or during the busiest parts of the day like lunchtime or after work.

Continue reading "Premise Liability Hazards Increase Risk of Accidents Involving Shoppers in Boston, Elsewhere" »

October 25, 2011

National Elevator Escalator Safety Awareness Week to Help Prevent Injury in Massachusetts and Elsewhere

Dangerous elevators and escalators are serious issues in cities and towns across the United States. In our state, many of these devices are used every day by commuters who use the MBTA to get around town. When these devices are not working properly and safely, elevator and escalator accidents in Boston can result. Companies have a responsibility to ensure that these devices are working safely and properly. When they aren't, injuries or deaths can result.
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Boston isn't the only big city with this problem. Our Massachusetts elevator and escalator accident attorneys would like to tell you about the recent problem in New York City as well. According to FOX 5, there have been continuous investigations into the city's out-of-service devices. These escalators and elevators located throughout Manhattan subway stations have been working improperly for years. The target of a recent investigation was the Lexington Avenue and 53rd Street station. Officials report that at any one time, at least one out of every 11 transit authority escalators are shut down.

When these devices are put out-of-service, people are forced to use the stairs, which could pose slip-and-fall risks, especially during inclement weather. This mainly applies to children and elderly riders.

When escalators and elevators aren't working properly, they also cause congestion among riders on the subway platforms too. When these areas are overcrowded, the risks of people being shoved onto the tracks can increase.

In New York, FOX 5 reported that many of the out-of-service escalators were owned by private companies even though they're used in the city's subway stations. These companies no longer take care of these devices because the city cut the deal they made with them. The deals were cut to save more money for the construction of larger buildings.

To help raise awareness about the importance of keeping elevators and escalators in good-working condition, the Elevator Escalator Safety Foundation hosts National Elevator Escalator Safety Awareness Week during the second week of November every year. Through this week-long campaign, the foundation hopes to recruit the support of residents throughout the country to help raise awareness about the importance of properly working elevators and escalators.

Every year, there are nearly 50 people killed and another 17,000 people injured because of accidents on escalators and elevators in the U.S., according to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission.

Tips to help keep you safe when riding an escalator:

-Be sure you know which way the stairs are heading before stepping on.

-Hold the hands of small children.

-Hold on to loose items in one hand and place the other hand on the hand rail.

-Keep loose clothing away from steps.

-Don't ride with hand carts, luggage carts, wheelchairs, strollers, etc.

-Always face forward.

-Never walk up an escalator that is not running.

-Don't climb on the handrail.

-Step over the comb fingers when stepping off. Don't just slide your feet off.

-Move clear after exiting and make room for riders stepping off behind you.

Continue reading "National Elevator Escalator Safety Awareness Week to Help Prevent Injury in Massachusetts and Elsewhere" »

October 10, 2011

Gruesome Shopping Injury at Hudson Walmart Results in Lawsuit

A recent Massachusetts shopping injury is turning to a lawsuit for proper compensation. The accident happened back in 2006 when a Massachusetts woman was severely injured while picking out Christmas gifts for underprivileged kids at a Husdon Walmart.
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The woman was lending her heart out for Christmas in December of 2006 and was giving her time and donations to the needy kids in her neighborhood. She saw an item that was on her Christmas list on the top shelf of one of the shore's aisles. She climbed nearly 2 feet and was still unable to grab the item. When she tried to jump back down to the ground, a ring of hers got caught on a metal latch of the shelf. As she fell to the ground, she "stripped the skin and muscle," according to Nausha Telegraph. Her ring-finger bone was entirely exposed.

Our Boston premise liability attorneys refer to this injury as "degloving." This is when a hand-related injury peels the skin from the bone. Since the injury, the woman has been through six different surgeries. In the end, the best the doctors could do was move the pinky finger to the ring-finger spot and remove the ring finger. Only her index finger and her thumb have any feeling on that hand.

The woman is suing the company because she believes that the Walmart failed to keep the store properly and safely maintained. She's seeking an unannounced amount of compensation for the loss of her ability to work and for the loss of enjoyment of life.

The company rebuts the woman's claims saying that the injury was a direct result of her on actions. Walmart says that there was a sign in the store that read, "Do not climb on the steel bins/racks."

When placing items in a store, employers and supervisors are required to stock products in a fashion that is safe for both workers and for costumers. Irresponsible shelving habits can increase the risks of a serious injury and can result in a costly suit.

Safety tips for shelving and racking:

-Be sure that all shelves and racks are installed in accordance to the manufacturer's instructions. Never attempt to alter a shelf's design.

-Make sure to display the limits for shelf's size and weight limits so they're not over packed. Overstocking a shelf greatly increases the likelihood of a malfunction or an accident resulting in injury.

-Make sure that all items on your shelves are properly and safely stocked.

-Always make sure that the weight on the shelves is evenly distributed.

As the holiday season approaches, residents will be hitting the stores hard in search of great sales. Shoppers are urged to keep an eye out for dangers in shopping centers, stores, in parking lots and on elevators. If you see a hazard in one of these areas during a shopping trip, you're urged to contact the appropriate management team.

These companies have an obligation to keep customers safe. These safety efforts need to be increased during the holiday shopping season when stores are packed with bargain-hunting shoppers.

Continue reading "Gruesome Shopping Injury at Hudson Walmart Results in Lawsuit" »

October 8, 2011

Malfunctioning Equipment Spooks Horses and Injures Visitors in New England Hayride Accident

A recent hayride at Applecrest Farm in Hampton Falls, N.H., left a 51-year-old woman injured after she jumped in front of a carriage that was being towed by a runaway horse, according to Seacoast Online. The woman was taken to the Beth Israel Deaconess Medical Center in Boston and was listed in critical condition. She and her husband own the horses that are used for the hayrides at the farm.
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Attractions have an obligation to the public to provide safe entertainment and safe equipment. With the fall season kicking off, many residents and visitors will be participating in hayrides, haunted houses and other seasonal events. Attraction owners and operators are urged to keep safety as a top priority to prevent injury in Massachusetts. Remember to clear fire exits, remove hazards that could lead to injury and to always have a safe backup plan.

Our Boston personal injury attorneys understand that hayrides are a popular attraction during this time of year. Unfortunately, without the proper safety precautions, these relaxing rides can turn into a nightmare. According to officers, two carriages were heading in opposite directions when a part of one of the carriages malfunctioned, startling both horses. The operator of the runaway carriage was unable to regain control of the horse.

Witnesses report that the horses got spooked when an axle on the wheel came off just about one minute into the ride, and chaos ensued. The runaway horse and carriage were heading directly at the other carriage, which then frightened a third horse. Luckily, none of the carriages tipped over, but the driver of one of the carriages was launched from the buggy and dragged underneath.

The horse finally stopped when the carriage got caught between a rock and a tree. The driver was taken to Exeter Hospital.

Riders of the stopped carriage rushed to help the other set of runaway horses. This is when the 51-year-old woman was trampled on by a runaway horse and then by the carriage. Luckily, no passengers fell off that carriage. The woman doesn't blame the horses for the accident, instead citing the farm-owners' faulty wagon.

Lt. Gary Wood from the State Police Department reported that the Occupational Safety and Health Administration (OSHA) and the Rockingham County attorney's office are investigating the accident. OHSHA has been called in to investigate because the accident happened at a business.

This is similar to a recent accident that happened at an air show in Reno, Nev. Visitors showed up to enjoy a spectacular event, but when a P-51 "Galloping Ghost" Mustang apparently malfunctioned, it took a nosedive into the box seats of the VIP section. This is yet another example of faulty equipment causing visitor injury.

Companies have a responsibility to keep all visitors and employees safe by following a prescribed set of federal guidelines.

Continue reading "Malfunctioning Equipment Spooks Horses and Injures Visitors in New England Hayride Accident" »

July 4, 2011

Boston Student Injured in Chemistry Lab Explosion

A student at Boston College was injured when a beaker exploded during an experiment, forcing the evacuation of the Merkert Chemistry Center, the Boston Globe reported.

The student was reportedly working alone in the lab with thionyl chloride -- a substance used in organic chemistry experiments. A violent chemical reaction left her with cuts on her face and burns on her hands, according to a fire department spokesperson. The student, who recently completed her doctoral program, left the lab to get medical treatment while fellow students contact the Boston College police. The department summoned Boston firefighters.
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Earlier this year our Boston injury attorneys reported on our Boston Personal Injury Attorney Blog about the death of a Yale Student in a machine shop class.

In this case, fire crews and a hazmat team responded shortly before 11 a.m. and were on scene for several hours. The student underwent a decontamination shower in a mobile unit and was taken to St. Elizabeth's Medical Center.

After her injuries, she reportedly put a towel on her cuts and drove herself home, which complicated decontamination efforts. Crews were also called to decontaminate her car and apartment.

A chemistry professor responded to the lab and told emergency crews to dilute the thionyl chloride with large amounts of water. Boston College also brought in a cleanup company. Cause of the action remains unclear. The chemical can react strongly to moisture and can be dangerous to humans if inhaled. The report said it's uncommon for students to work alone in the lab but that department guidelines do not forbid it. Still, another graduate student said researchers are warned not to work with dangerous or potentially explosive chemicals by themselves.

In the April incident, a Yale student was killed after being pulled into a piece of equipment in the machine shop by her long hair. In the wake of the incident, monitors and machine shop supervisors were required to take a safety course and to be trained on how to deal with emergency situations.

Continue reading "Boston Student Injured in Chemistry Lab Explosion " »

January 27, 2011

Massachusetts structure fires up 3 percent in 2009, igniting issues of premises liability

It was the stuff of nightmares, the Boston Herald reports. It was suppertime in South Yarmouth when a 67-year-old woman burst through the front door of her home, her body engulfed in flames. She was screaming. Four strangers, hearing the commotion, rushed to the scene and attempted to aid the burning woman, who was later pronounced dead at the scene.

Investigators believe the woman attempted to extinguish a pan fire using water and the splash-back caught her clothes on fire.
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As our Boston injury attorneys and Boston premises liability lawyers have noted in a prior post to our Boston Personal Injury Attorney blog, whether you are a homeowner or a landlord, fire safety and liability beings at home.

To help keep your family safe, be sure to install and maintain smoke and carbon monoxide detectors and keep a working fire extinguisher within easy reach of any heating or cooking source.

In 2009, state fire officials responded to 28,595 Massachusetts fires that injured 460 fire service workers, the Massachusetts Department of Fire Safety reports. Of those, 1,184 were reported arsons. While the number of serious and fatal fires dropped 5 percent when compared to 2008 stats, the number of actual fire-related fatalities dropped by 27 percent. In 2008, fire claimed 49 "civilian" victims.

With that said, in 2009, Massachusetts structure and car fires still claimed 36 lives, left 332 injured and cost $183 million in property damage.

The MDFS reports that structure fires alone were responsible for 30 deaths and 290 injuries and that car fires killed 5 and injured 14. Forty-seven percent of fire-related fatal victims were men, 39 percent were women, and 14 percent were children. Almost half of all fatal fire victims were over the age of 65.

At 30 percent, smoking remains the leading cause of residential Massachusetts fires and fire-linked deaths. Electrical fires were tied to 27 percent of house fires; cooking linked to 13 percent.

The Yarmouth Fire Department reports that across the country, fire department responded to 146,400 house fires linked to cooking equipment in 2005. Cooking fires claimed 480 lives, injured nearly 4,700, and caused more than $875 million in property damage.

In response to the fatal Yarmouth kitchen fire last week YFD suggests residents review the following cooking safety tips:

~ Stay close to your heating source when you are cooking. If you can't see the stove or grill, either turn it off before walking away, or designate another adult to take your place.

~ Keep flammable items - potholders, shirtsleeves, plastic bags, etc. - away from a working stovetop or grill surface. Avoid wearing loose-fitting clothes when working around open flame, hot surfaces or liquids.

~ Implement a 3-ft. "no kid" zone around any area where hot food or drink is prepared, served or stored.

~ Never use water to extinguish a grease fire. Water will cause grease to splatter and disperse the flames. If the fire is small, you can use a pan lid to smother the flames. But don't kid yourself: if you have any doubt in your ability to put out a stove or grill fire, get away, stay away, and call 911.

Continue reading "Massachusetts structure fires up 3 percent in 2009, igniting issues of premises liability" »

January 9, 2011

Severe weather increases risks of Boston work accidents, premise liability accidents

The Occupation Safety & Health Administration is reminding New England employers of the dangers of Boston work accidents, and work injuries elsewhere in the Northeast, that can result from winter weather and snow removal.

Our Boston, Massachusetts workers compensation lawyers and premise liability attorneys understand the risk of serious or even fatal injuries that winter weather, icy and snowy parking lots and walking surfaces, and other winter conditions can bring to employees and customers alike.
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"Cleaning up after a storm encompasses a variety of tasks, each of which can carry risks if performed incorrectly or without proper safeguards," said Marthe Kent, OSHA's regional administrator in Boston. "We want people to know what those risks are and what steps they can take to protect themselves against these hazards."

Hazards can include:

-Electric shock from downed power lines or underground equipment.

-Being struck by trees or other structures that collapse beneath the weight of snow.

-Chainsaw accidents or accidents involving snow blowers and other heavy equipment.

-Motor vehicle accidents.

-Falls from roofs, lifts or ladders.

-Carbon monoxide poisoning from generators, heaters and other power equipment that is not properly ventilated.

-Falls from snow or icy walking surfaces.

-Hypothermia, frost bite and other injuries from cold exposure.

Safety Tips Include:

-Coordinate downed power lines with utility companies.

-Use effective fall protection.

-Use caution around surfaces weighted with snow.

-Make sure electrical equipment is properly grounded and gas-powered equipment is properly ventilated.

-Wear appropriate eye and body protection.

-Clear walking surfaces of snow and ice and use salt or its equivalent where needed.

-Establish clearly marked work zones.

-Wear reflective clothing.

-Wear clothing appropriate for weather conditions, take plenty of breaks.

Information on safe cleanup after severe weather is available here.

Continue reading "Severe weather increases risks of Boston work accidents, premise liability accidents" »

December 14, 2010

Boston elevator and escalator accidents a holiday danger

As we enter the final holiday season shopping rush, customers and employees are at increased risk of Boston elevator accidents or escalator accidents. Poor maintenance, large crowds, aging equipment, wet or slippery flooring and injuries caused by other passengers are the leading causes of such accidents.

Children and the elderly are most at risk. As we reported earlier this year on our Boston Personal Injury Attorney Blog, accidents on MBTA property may also cause such injury. In July, a child was seriously injured after getting his shoe caught in an escalator at an MBTA station while visiting Boston with family.
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Each year, the Consumer Products Safety Commission and the Bureau of Labor Statistics estimates that 30 people are killed and 17,000 are seriously injured in elevator and escalator accidents.

The Consumer Product Safety Commission offers the following safety tips:

-Secure loose clothing. Shoe laces, drawstrings, scarves and mittens may be trapped in escalators.

-Hold a child's hand and do not permit children to sit on steps and play on walls or railings.

-Do not bring carts or strollers onto escalators.

-Always face forward and utilize hand rails.

-Avoid the edges, where entrapment most frequently occurs.

-Know where the shutoff is located in case of emergency.

Industry safety standards require a number of safety features, including:

-An emergency shutoff located at the top and bottom.

-Sidewalls made of low-friction material.

-Use of skirt obstruction devices, which shut off the system if foreign objects are present.

-Clearance of no more than 3/16ths of an inch at the edges.

-Warning signs regarding the danger to children.

-Brightly colored foot prints or borders on each step.

Continue reading "Boston elevator and escalator accidents a holiday danger" »

December 11, 2010

Premise liability injuries in Massachusetts a danger at malls, retailers this holiday season

Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.
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As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

-Slip and fall accidents

-Wet floors

-Dark parking lots

-Broken or uneven sidewalks or walking surfaces

-Loose handrails or fault stairwells

-Merchandise or shelving fixtures falling from height

-Elevator or escalator accidents

-Assault on business property

-Negligent security

-Parking lot accidents

Continue reading "Premise liability injuries in Massachusetts a danger at malls, retailers this holiday season" »

October 26, 2010

Windstorm causes several tree limbs to topple across Massachusetts, raising questions regarding Boston-area premises liability

Recent strong winds have led to several near misses in the Boston-area after gusts caused limbs to snap and trees to be felled across sidewalks, patios, apartment porches -- even crushing a couple cars parked street side, the Boston Channel reports.

Two women were transported to the hospital with non life-threatening injuries after a massive tree limb cracked and fell across a Kemp Street sidewalk. Property damage was more significant. Falling limbs crushed patio furniture and a deck structure and caused roof and other damage to a home and a couple cars.

Boston premises liability attorneys know that mother nature may have her own plans, but homeowners, property managers and landlords have an obligation to protect tenants and guests from hazards such as tree limbs. The scattering of tree-limb crack-offs around Boston is reminiscent of a rash of similar accidents in Central Park since 2009 that claimed the life of at least two, the New York Times reports.

In late July, 2009, a 33-year old man was seriously injured in Central Park when a rotting limb gave way and crushed him. In February, 2010, a second incident claimed the life of a 46-year-old man after a snow-covered branch fell on him. In June, a six-month-old infant was killed and her mother was critically injured by a falling limb from a honey locust tree at the Central Park Zoo. What caused the branch to snap is still unknown and various City agencies are still struggling to assign responsibility. Several personal injury and wrongful death lawsuits have also been filed.

The Union City family of the deceased infant is now planning to file a $50 million lawsuit against New York City, the Wildlife Conservation Society and the Central Park Conservancy, the Jersey Journal reports.

While pruning and regular care and maintenance can certainly diminish the likelihood of such accidents, sometimes branches break off, TIME reports. To reduce both risk and liability, New York City's 5.2 million trees are maintained by the City Park Department. In Central Park, the Central Park Conservancy regularly prunes and inspects the 25,000 trees on their property.

For the most part, in large urban settings like Boston or New York City millions of trees and millions of people share the same living space with little incident. On occasion, however, failure to properly prune trees or otherwise ensure a property is free from hazard, can lead to serious or fatal injury.

Continue reading "Windstorm causes several tree limbs to topple across Massachusetts, raising questions regarding Boston-area premises liability" »

October 13, 2010

Boston apartment fire that kills two, displaces more than 20, highlights premise liability issues

A spate of recent accidents has led our Boston personal injury lawyers to report on a series of fires and carbon monoxide poisoning incidents on our Boston Personal Injury Attorney blog. Again this weekend, a four-alarm fire at a 15-unit apartment complex in Lowell claimed the lives of two residents and displaced at least 20 more, the Boston Herald reports.
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It is believed that a power strip is to blame for the fire which began around 4 a.m. on Sunday. The blaze has been deemed an accident by fire officials. While apartment fires occur about as frequently as they do in private homes, the New York City Fire Department notes there is a greater risk of fire, heat and smoke quickly spreading to reach other units in multi-family dwellings. According to the NYCFD, regardless as to whether you are a homeowner or apartment tenant, fire safety begins at home. They offer the following safety tips and precautions for apartment dwellers:

~ Most modern apartments are constructed with at least one internal "primary" entrance and exit to individual apartments and at least one internal or external "secondary" entrance and exit to the building. In both locations, the doors should be fireproof and self-closing. Tenants should be able to open both doors internally without keys via a thumb-turning bolt.

~ In addition to doorways, tenants should be aware of conditions of stairways, fire towers and fire escapes. Landlords should maintain fire sprinklers and fire extinguishers and tenants should know where to find them and how to use them.

~ Tenants should be able to find their way out in the darkness through multiple exits and be familiar with stairwell conditions. Doorways and stairwells should be clear of debris and other items (like bicycles or grills). Never use an elevator to exit a building that is on fire.

~ For protection and because it is the law, many windows are equipped with either a window security gate or a child safety window guard. While these items are meant for protection, in the event of a fire they can become a lethal hazard. For those with security gates, each family member should be able to operate the release devices. For families with child safety guards, do not install them on a window designated as a fire escape. Also, keeping all windows free of clutter - plants, wall-unit air conditioners, and decorative items - can be a life saver.

Continue reading "Boston apartment fire that kills two, displaces more than 20, highlights premise liability issues" »

October 5, 2010

College stabbings, alcohol-infused melees raise premise liability, inadequate security concerns

Since just prior to the start of the school year, 28 complaints have been lodged with Bridgewater police regarding incidences involving Bridgewater State students, the Boson Globe reports. The largest of which was a Sept. 10 brawl that grew to include more than 150 students and their friends. At one incident, a gun was fired. A second melee found one student in the emergency room after being struck in the head with a glass bottle.

Meanwhile, a second, Sept. 28, Boston Globe article addresses separate stabbing incidents at two area colleges that left one young man hospitalized and another 18-year-old student dead. The article also reported on several other assaults, including a homicide, that have happened on or near campuses in Massachusetts, New Jersey and Wisconsin since late August.

Boston premises liability lawyers and Massachusetts negligent security attorneys know there is a fine line between providing acceptably open public access and student independence and creating and maintaining an appropriately safe and secure environment for student, staff, educators and visitors who consider college campuses a cross between a public space and a home-away-from-home. With that said, students, friends and families have a right to expect a safe learning and living environment and school administrators and campus security officials have an obligation to provide for and meet that expectation.

At Boston College, the hospitalized student required surgery to repair abdominal injury sustained during a stabbing, which reportedly occurred after the student informed four men attempting to enter a dormitory that they were not supposed to be on campus. A 29-year-old fellow Boston College student was kicked in the head after coming to assist the stabbing victim. At Regis College, the early morning parking lot stabbing death of one of their students has put campus security on high alert. Dormitories are now under 24-hour surveillance and all visitors are screened before entering the campus.

Meanwhile, across the state, school officials and campus security administrators are working to add additional safety protocols to campuses already steeped in expanded security teams, key-card only building access points, blankets of campus surveillance and checkpoint-clearance-only access for non-residents.

Continue reading "College stabbings, alcohol-infused melees raise premise liability, inadequate security concerns" »

September 24, 2010

A legacy of code violations, safety concerns and hazards haunt 150 abandoned East Boston warehouses

Boston premises liability lawyers are closely monitoring a citywide crackdown on unsafe buildings in East Boston after a weekend Howard Street warehouse blaze in late August affirmed ongoing concerns long voiced by city official. Fortunately, the Boston Globe reported, none of the 170 responding firefighters nor innocent civilians were injured or killed by the blaze, a 9-alarm fire believed to be one of the biggest in Boston history. For many, the fire is eerily reminiscent of the Worchester warehouse fire that killed six firefighters in 1999.
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In the wake of the fire, which is now known to have been started by illegal tenants shooting fireworks into a nearby warehouse, the Boston Herald reports that Mayor Thomas Menino created a taskforce dedicated to putting pressure on the owners of 147 East Boston buildings in question. The goal, to force landlords and property owners to bring their holdings up to code and correct a host of other safety concerns and violations. In addition, the team will investigate ways to streamline the process allowing the City to take over abandoned properties.

Following the Mayor's announcement, a second Herald article reported that the landlord of the burned Roxbury warehouse - who, according to public records, owns a $620,000 home in New Hampshire - claims he's broke. He insists he lacks the resources to address the growing list of violations and hazards associated with the property and has openly refused to fix code violations. He currently owes the City nearly $200,000 in back taxes.

Too often abandoned properties become a danger. To curious neighbor kids, they can be irresistible. The homeless may take up residence and create their own dangers. Passersby may be at risk because of broken sidewalks or falling debris. And the dangers can pose a risk to police or rescue personnel who must respond to them in the event of an emergency. Owners have an obligation to keep such properties free of hazards. When they don't, and someone is seriously injured or killed, a property owner can and should be held responsible.

Continue reading "A legacy of code violations, safety concerns and hazards haunt 150 abandoned East Boston warehouses" »

September 6, 2010

Massachusetts work accident kills teen grounds keeper at local golf course

An 18-year-old college student drown while cutting grass at an area golf course over the weekend, the Boston Globe reported.

The Lakeville youth was riding a mower at the Back Nine Club when he apparently drove into a water hazard, according to the Plymouth District Attorney's Office. He was trapped beneath the mower in about five feet of water.

A Massachusetts workers' compensation lawyer or Boston wrongful death attorney should always be contacted when a loved one is injured or killed on the job. In this case, a premise liability or defective product claim may be filed depending on the outcome of the investigation.

It took 20 minutes to get him out of the water and he was taken to Morton Hospital and Medical Center in Taunton, where he was pronounced dead. An autopsy will be performed to determine cause of death, which appears to be accidental drowning.

The young man was a three-sport athlete at Apponequet Regional Highs School in Lakeville, as we as a member of the National Honor Society. He had enrolled at the University of Massachusetts Amherst.

The golf course owner said the victim had worked as a grounds crew member for several years, and called the incident "terrible and tragic."

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