Personal Injury

January 30, 2016

Ketler v. PFPA, LLC: Personal Injury Cases and Summary Judgment

In Ketler v. PFPA, LLC, a case from the Supreme Court of Delaware, the plaintiff claimed he was injured while working out at fitness center owned by the defendant. Plaintiff claimed that his injuries were caused while using defendant’s fitness equipment and were the result of negligence on behalf of defendant and its employees.

However, defendant filed a motion for summary judgment, asking that the case be dismissed. The basis for a motion for summary judgment is essentially that a plaintiff has failed to state a claim for which relief can be granted and that there is no genuine issue of material fact. In other words, defendant is saying that, even if you believe everything plaintiff has claimed in his complaint, defendant is not liable for the injuries allegedly caused to plaintiff. Continue reading

January 26, 2016

Tips to Prevent Slip and Fall Injuries This Winter

by Jeffrey S. Glassman

Slip and fall accidents can happen anytime. They can happen in stores when the management negligently fails to clean up a spill or mark the area with a wet floor sign, and they can happen when a tile or section of concrete is left in a state of disrepair that causes someone to trip. However, in the winter we tend to see many more slip and fall accidents occurring outside when someone slips on snow or ice.

In some cases, an outdoor slip and fall is simply nobody’s fault. In other cases, the city should have plowed better, and in other cases, the accident is to blame on the negligence of a shop or business owner that had a duty to clear the snow and ice in their parking lot, but failed to do so. This could be considered negligence and the basis for a personal injury lawsuit. Continue reading

January 24, 2016

Treatment and Safety Info for Burn Injuries

by Jeffrey S. Glassman

Burn injuries are among the most serious and painful types of personal injury one could experience. What people may not be aware of is that in addition to the pain and suffering as a result of the damage to the skin and nerves, without the skin to protect the wound, there is a high risk for developing serious and even fatal infections. In fact, secondary infection is one of the major causes of injuries following a serious burn accident.

Another misconception many people have about burn injuries is that a third degree burn is the worst type of burn. There are actually four types of burn injuries doctors see in a typical personal injury burn case. A first degree burn is the mildest and is typically caused by the sun and causes redness on the skin. A second degree burn involves damage to the outer layers of skin and can involve blistering and bleeding. A third degree burn involves a burn of all layers of skin, muscle and connective tissue and is extremely painful and has a high risk of infection. The worst type of burn is a fourth degree burn that involves a full thickness burn when even the bone is destroyed by the heat and fire. Continue reading

January 6, 2016

Woman Killed at Ski Resort in “Spruce Trap”

by Jeffrey S. Glassman

While this hasn’t been much of a winter for most of the country, it has been getting a little colder in the New England area, including in the Commonwealth of Massachusetts. One of the winter activities that is quite popular in our region is going to the ski slopes for skiing or snowboarding. While there is no question that skiing or snowboarding is an inherently dangerous activity, especially for those who are inexperienced, a ski resort is still required to take whatever reasonable steps it can to prevent foreseeable injury to foreseeable persons and property

Preventing foreseeable injury to foreseeable persons and property is the duty of care owed under the common law definition of negligence in the Commonwealth of Massachusetts. One issue that arises in these cases is that, whenever you go to a ski area, you are often required to sign a waiver of any and all liability. This is either done when you sign an electronic signature pad, such as you do when picking up a prescription at your local pharmacy, or it is actually printed on the back of your lift ticket. They say that by affixing the lift ticket to your jacket, you are agreeing to the conditions of the waiver. Continue reading

January 2, 2016

Accidental Shooting at Gun Show Results in Serious Personal Injury

by Jeffrey S. Glassman

With all the recent gun violence around the world, we have once again been hearing about efforts to increase gun control restrictions in the United States, and we have been hearing from those who oppose gun control. Regardless of one’s personal feelings on gun control, there is no question that guns are a big issue in the country, as well as big business. Even in the Commonwealth of Massachusetts, where there have been substantial gun control laws for many years, there are still many residents who strongly support one’s right to own firearms.

There are still many guns sold in our state, and some of those of guns are sold at gun shows held at conference centers and hotels across the Commonwealth. At the shows, buyers can look at guns and firearms-related products, and, if they have a valid Firearms ID card, or FID card, they may purchase certain firearms. While anyone is allowed to show up at these events with their own firearm, assuming they have a permit, they are supposed to not carry around any loaded weapons to prevent a serious personal injury or death. Continue reading

December 22, 2015

Promising New Research Could Help Spinal Cord Injury Victims

by Jeffrey S. Glassman

Each year, approximately 12,500 new spinal cord injuries will occur within the United States. The National Spinal Cord Injury Model System explains these statistics do not reflect the number of people who die at the scene of accidents as a result of spinal injuries. Males account for 80 percent of new spinal cord injury patients, and the average age at which a person sustains a spinal cord injury is 42 years old. This is a 29 year increase in average age since the 1970s.

Spinal cord injuries are permanent when they occur, and can cause profound changes to the lives of victims and their families. Treatment of spinal cord injury is limited and is often focused on managing symptoms and conditions resulting from full or partial paralysis. However, Reuters reports there is new research currently underway which may be showing promise for improving treatment options.

New Research Leading to Advances in Spinal Cord Injury Treatment

December 15, 2015

Parking Lot Accidents a Boston Injury Risk

by Jeffrey S. Glassman

Parking lots can be a dangerous place both for people walking and for people driving. During the holiday season and the rest of the winter months, the risk is exacerbated because of the potential for slippery conditions.

Motorists should be alert to the risks they face when in parking lots, and should do everything possible to try to avoid getting hurt when they get out of their cars to head to their destination. Unfortunately, often it is drivers or parking lot owners who are negligent in a manner that leads to an accident.

November 30, 2015

Face Transplant for Burn Victims

by Jeffrey S. Glassman

According to a recent news article from 12 News Now, a volunteer firefighter who was badly burned in a fire has undergone the most extensive face transplant performed to date. As part of the operation, he received a new face, scalp and neck tissue. After being left legally blind following his accident, because his face was too damaged for his eyes to see, he expects he will finally be able to regain his vision and drive again, which has been his dream.

The first face transplant surgery was performed in France around a decade ago, and it is the same doctor who headed up the transplant and reconstruction teams for this volunteer firefighter. He considers this latest surgery to be his most successful operation ever, and it was far more involved than earlier ones, due to the extent of burn damage and what they are able to do to repair it. Continue reading

November 29, 2015

Student Burned at Lowell High School

by Jeffrey S. Glassman

Most personal injury cases are filed under a theory of negligence. This means that plaintiff is alleging defendant owed a duty of care to plaintiff, breached this duty of care, the breach was the actual and proximate cause of plaintiff’s injuries, and damages resulted. These are the four elements of a negligence cause of action in the Commonwealth of Massachusetts.

The duty of care can be owed to plaintiff as a matter law, due to a contract, or as a result of the defendant placing plaintiff in harm’s way. An example of a legally imposed duty involves a motorist. Anyone who gets a driver’s license owes a duty to act as a reasonable and prudent person to prevent foreseeable to harm to foreseeable persons and property while behind the wheel of a car. Continue reading

November 26, 2015

Digital Technology to Keep Skiers Safe

by Jeffrey S. Glassman

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.

It 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