Articles Posted in Personal Injury

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There are many fun and exciting things to do in Boston throughout the year, but in some cases, engaging in these activities could result in serious personal injury. As we head into the fall, there will be people doing all kinds of outdoor activities, such as going to apple orchards, taking hayrides at local pumpkin patch and attending sporting events.  However, even these seemingly safe activities could result in serious personal injury if there is any negligence on behalf of the event organizers or property owners.

Boston personal injuryAccording to a recent news article from ESPN News, a young girl was seriously injured at Yankee Stadium when she was hit in face with a foul ball off the bat of Todd Frazier.  The young girl was sitting in the lower level seating area when the ball hit her in the face.  Using this season’s new technology that measures the hit speed of every batted ball, they were able to determine that the baseball was traveling at 105 miles-per-hour when it came off the bat.  Continue reading

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With the winter months approaching, many in New England including Massachusetts will head to the slopes for a day or weekend ski trip.  While this can be a lot of fun, it can also result in serious personal injury or even death.  There is no question that skiing has inherent risks, but that should not excuse a ski resort from liability.Boston Injury Lawyer

One thing that may limit the chances of recovery in a personal injury lawsuit is the waiver of liability most skiers are presented with when they get a lift ticket. The reason we use the term presented with, is because they do not often require skiers to actually sign anything.  Instead, they say when you put the lift ticket on the zipper of your ski parka, you have effectively accepted the terms of the waiver. In many cases, the waivers will include a complete waiver of any liability on behalf of the ski area operators.  This waiver can be very inclusive, and may even go so far as to include a waiver of liability for intentional conduct on behalf of employees. Continue reading

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People often hear the term statute of limitations on television shows such as “Law and Order” when dealing with criminal cases, but rarely think of the statute of limitations terms of civil cases.  While this makes for very exciting television, the reality is that in the real world, the opposite is generally true.  Many crimes do not have a statute of limitation meaning that a person could be on the run for decades and still be tried when they return to the proper jurisdiction.

Boston Medical MalpracticeEven if a person does not return, they can often be arraigned when they are not present to toll the statute of limitation sand  stop the clock.  On the one hand, in civil case, the statute of limitations is very much a big deal, and while there are certain exceptions for people who are incapacitate for one or more reasons, the law can be very unforgiving when dealing with statutes of limitations. Continue reading

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There was a time when it seemed like nothing would stop the increase in football’s popularity in America. However, recent years have involved a better understanding of the serious risk of head injury the sport poses. From the professional leagues down to Pop Warner, there have been studies and anecdotes highlighting the potential dangers. We have a better understanding of concussion and traumatic brain injury occurrences in the sport, leading many parents to disavow the sport, refusing to let their child play.

It is true there is a certain level of assumed risk that comes with playing football. Some may even argue injuries are part of the game. But when serious injuries occur in a football game – or more likely, in practice – the question is who may be held liable?

Boston personal injuryThere are many incidents that can be attributed to the negligence of a coach or staff, setting the stage for a personal injury lawsuit. These incidents can range from heat stroke (allowing players to practice too long outdoors without adequate water, shade or rest) to traumatic brain injuries. Such occurrences can have a damaging and lasting effect on youth and their families. Where coaches, schools, staff or others had a duty of care to try to prevent such injuries, they may be held to account. Continue reading

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When we are dealing with a medical malpractice cases, we are typically dealing with action founded under a theory of negligence. In a standard negligence case, the elements of the tort are duty, breach, causation, and damages. The duty is a duty of due care to act as a reasonable and prudent person so as to prevent a foreseeable injury to foreseeable persons and property.

Boston medical Malpractice In the case of medical malpractice, we use the same standard, but instead of the reasonable and prudent person, we use a reasonable and prudent medical professional performing that same procedure. For example, in the case of heart surgeon preforming an operation, a surgeon is supposed to act as reasonable and prudent heart surgeon would act in performing the same procedure. Continue reading

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One popular activity in the summer months is going to local fairs and carnivals. While there are regular amusement parks in Massachusetts that have permanent attractions, there are also various fairs where the attractions are brought in on specially designed trucks that basically each deploy into a carnival ride.

Boston Personal Injury While these can be a lot of fun, we tend to see more accidents at these types of fairs and carnivals than regular amusement parks. There a variety of reasons for this, including that the equipment is mobile.  This means it is often less expensive and less well constructed and maintained than rides at a traditional amusement park.  There are also a lot more issues with regulating the rides, as they may be from another state and not where the fair is being held. Continue reading

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It’s summertime, and water slides are a popular activity for adults and children alike. They offer a thrill, but they aren’t always safe. When a child injury occurs on a water slide, our attorneys will examine whether a dangerous condition existed on site about which the park or employees should have known (premises liability) or whether there was some defect in the slide or its components about which the manufacturer or distributor should have been aware (product liability).

A recent child injury in California involved a new water slide at a water park in California.  The ride is called “The Wave” and features a half pipe on an 80-degree decline with a three-story drop. Once the water slide reaches the base, the tube sits on a concrete slab.

Boston personal injury When the 10-year-old rider, who met the minimum height requirement for the ride, reached the bottom of the ride, instead of sliding along to the tube to the pool at the end, he was launched out of the tube and slammed into the concrete base pad. Continue reading

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Head injuries – and traumatic brain injuries in particular – account for 30 percent of all injury deaths in the U.S., according to the U.S. Centers for Disease Control and Prevention. Every day, more than 150 people die from TBIs. Although such injuries can happen to anyone, those in physically laborious professions tend to have higher rates.

It seems like every year, the Washington Capitals and the Pittsburgh Penguins find themselves locked in a fierce battle to get to the eastern conference finals of the National Hockey League. This rivalry includes two of the greatest hockey players to ever play the game – Alex Ovechkin for the Washington Capitals and Sidney Crosby for the Penguins. Many consider Ovechkin to be the greatest offensive player in the game and Crosby is considered by many to be the best all-around hockey player.

Boston personal injury Despite all of his success, including winning the Stanley Cup, Crosby has had a long history of concussions and has also had a history of taking a long time to recover from them.  He has missed a significant amount of playing time due to concussion symptoms. There is serious concern that he may have quality of life issues for the rest of his life following his eventual retirement from the NHL. Continue reading

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Last summer was a particularly dangerous one for amusement park attendees. USA Today reported on numerous incidents which occurred at amusement parks which resulted in serious and even fatal injuries. With summer a prime time for visits to amusement parks, it is important for those who will be heading out to hit the rides to understand the risk they face while at the park. injury lawyer

When an accident at an amusement park does occur and injury or death results, victims need to understand what options they have for holding the amusement park owners and operators accountable for their losses.

A Boston personal injury lawyer can provide assistance in determining if a case can be made against the amusement park so the victim or his family can obtain monetary damages. Victims should be made whole, which means compensated for both economic and non-financial loss such as loss wages, costs of medical bills and the pain endured as a result of the amusement park accident.

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Summer is a prime time for vacations, and many adventurous travelers like to take trips to hike, rock climb, go boating or diving, water ski, parasail or take part in other fun but risky activities. If you are heading off for a summer trip and you will be doing something more high risk than just sitting in a lounge chair by the beach for your whole vacation, it is important to understand what your rights are when participating in high-risk recreation. injury lawyer

A Boston injury lawyer can provide insight into what responsibility the operators of tourist activities have if you engage in high risk behavior. In most cases, you can file a lawsuit against the operator of various types of recreational activities even if the operator has had you sign a liability waiver and even if the activity you’re engaging in tends to be an inherently high risk one.

What Happens if Tourists Get Hurt Doing Something Dangerous