Articles Posted in defective products

At 5:19 a.m. Massachusetts State Police released reports that a car rollover accident occurred in MansfieldMansfield two-car collision rollover injury

The accident took place on Route 495 North just before Route 95, near exit 13. It was a two-car collision with injury.

Lanes were closed to traffic temporarily.

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Pierce Manufacturing, Inc., the maker of the ladder that fell while in use by the Boston Fire Department while fighting a fire in Mattapan on Wednesday, has issued a response to the incident. The accident has not been fully looked into by authorities. The company states that initial investigations reveal this was an incident that has not occurred before with the 2005 reserve equipment.

The Wednesday evening fire started in a triple floor, multi-family dwelling on Duke Street. There was thick Mattapan Equipment Failuresmoke on the top floor when firefighters arrived on scene. The faulty equipment was part of Tower Ladder 10 where the ladder fell onto the home. The fireman in the bucket at the time descended a few feet, and risked severe injury if the ladder’s fall was not stopped by the home.

According to Boston Fire Commissioner Joseph Finn, their equipment is well maintained by the department. Prior to sending it out for service, no one noticed a problem with the ladder.

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On Friday, in the late evening in Bourne, an oxygen tank exploded causing severe scalding to Bourne Oxygen Tank Explosion Injurythe female resident’s face. First responders were dispatched to her home on Shore Road. The injuries were grave enough to require a MedFlight, however she was ultimately transported to Providence’s Rhode Island Hospital via ambulance.

Oxygen tanks contain oxygen under pressure. Oxygen tanks can be found in private residences to assist in breathing, and in commercial settings. These devices should be handled with care to prevent dropping or falling which can cause catastrophic injury from explosion. An improper collision, bang or blow to the oxygen tank will kindle the oxygen tank triggering an internal combustion resulting in the eruption. Anyone near the oxygen tank at that point is at risk of burns, exposure to toxic vapors, traumatic head injury, and even death from the force and shooting particulates.

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On April 12, 2018 a Massachusetts jury returned a verdict in favor of Brian Goodrich in the amount of $8.25 million. The award comes after years of litigation beginning in 2013 when Mr. Goodrich’s head was nearly Massachusetts Workplace Injury Results in $8.25M Jury Awardcrushed because the jack holding up a piece of equipment failed. He suffered horrendous injuries which  included facial disfigurement, blindness and loss of cognitive function.

The jury found, after hearing 11 days of testimony, that the company which designed the equipment was a majority at fault. Mr. Goodrich was changing the oil on the equipment meant to melt asphalt and fill cracks in the road. Although Mr. Goodrich acknowledged not using the safety pin with the jack which held the machine up, the company failed to include safety warnings and failed to manufacture the machine appropriately knowing such accidents were possible.

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Earlier this afternoon, as two flatbed truck workers were loading a Honda Accord onto the tow truck, the truck began to roll and ran over one of the workers. He was taken away in an ambulance. The Pipo’s Towing truck ended up descending approximately 250 feet down hill. This occurred on Haviland Street in Worcester at around 1:30 p.m. There were several witnesses to the incident including the three women getting the Honda Accord towed.Tow Truck Rolls Over Worcester Worker

The other Pipo’s Towing worker was also injured when, after attempting to jump into the tow truck to stop it from continuing to roll down hill further, he fell out of the truck onto the pavement. There were no further injuries when the truck came to rest against a tree that stopped it. The accident investigation team of the Worcester Police are investigating mechanical failure as a possible cause, among other factors.

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The manufacturer of a surgical device had a duty to warn the purchasers – not just the doctors – of its potential dangers. surgical xray

That’s according to a ruling in a recent case out of Washington state, where justices sided with plaintiff that medical device manufacturers have a duty to warn hospitals as well as physicians because doctors aren’t the ones actually buying the devices.

Although the ruling doesn’t have a direct impact on case law here in Massachusetts, it’s important to highlight because state high courts will often take cues from their sister courts when weighing important similar issues, especially those of first impression. Additionally, the case involves a particular kind of medical device that is widely used nationally, including here in the Commonwealth.  Continue reading

Mitchell v. City of Warren, a case from the United States Court of Appeal for the Sixth Circuit, involved a rather unusual set of circumstances that resulted in the tragic death of plaintiff.

1235172_beeAccording to court records, an officer responded to a call for assistance to provide backup to another officer who was in the process of conducting a traffic stop. The first officer alleged plaintiff was driving with expired license plates when the officer initiated the traffic stop. The 16-year-old plaintiff then allegedly ran from his car and tried to hide in an abandoned house. Continue reading

According to a recent news report from the Calgary Herald, a man was operating his string trimmer (commonly called a “weed eater” or weed whacker”) when it picked up a stray nail and threw it into his eye.

eye-macro-1189098-m.jpgThe 27-year-old landscaper could have suffered a fate much worse when the three-inch nail penetrated his eye and traveled into his brain. A neurosurgeon at Massachusetts General Hospital (MGH) who treated victim said when you looked at him, all you could see was the head of the nail sticking out of his right eye.

This medical case history made into the New England Medical Journal as doctors used a new type of CT scanner to get detailed imaging of his eye and brain, as they were unable to determine the length or path of the nail from an external examination. One radiologist who helped perform the scan said the nail was very deep and had almost punctured victim’s other eye.
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When we purchase clothes for young children, we normally think about how they will fit and whether they will look good. We normally do not worry about whether they present an unreasonable risk of burn injuries due to a defective design.

We don’t concern ourselves about this because we assume manufacturers of children’s clothing have followed the law and all recommended safety guidelines and do everything in their power to avoid safety risks. We also assume if a company learns of a problem, it will immediately issue a voluntary safety recall and notify the public.

707631_fire_truck.jpgAccording to a recent news article from WFLA News, one manufacturer of children’s pajamas is recalling its products as a result of a violation of the federal flammability regulation. Officials have reported the pajamas in question pose a significant safety risk due to burn injuries.

In response to this alleged violation of federal flammability standards, the company says they are recalling around 8,000 units affected by this issue. The company also urges parents to have their children stop wearing the potentially hazardous pajamas immediately. The pajamas involved in the recall were one-piece and two-piece sets made of 100 percent polyester. Fortunately, no injuries have been reported as result of the burn hazard, but these allegedly defective children’s pajamas were sold from 2012 to 2015.
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In Stuhlmacher v. Home Depot U.S.A., Inc., plaintiff was injured in November of 2008 while building a cabin for his parents. The cabin was in Sullivan, Indiana. A few days before his accident, plaintiff purchased a four-legged stepladder from a big box hardware retailer, so he could work on the roof.

stair-folding-1185444-m.jpgDuring his first time using the ladder, it fell from the side of the house. He grabbed onto the rafters and then fell to the ground on the right front rail of the ladder. His groin made contact with the ladder when he fell. He suffered a shoulder injury, but his most serious personal injury was to his penis. His doctor diagnosed plaintiff with Peyronie’s disease.

Peyronie’s disease is painful condition that causes one’s penis to become bent, which among other things prevented plaintiff from having sexual intercourse with his wife.
As our Boston personal injury attorneys can explain, when a victim of a personal injury is no longer able to have a normal intimate relationship with his or her spouse, the law provides a remedy known as loss of consortium damages, which can be awarded to the victim’s spouse.
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