Articles Posted in Premises Liability

The Massachusetts Attorney General this week announced settlements with seven nursing homes over the deaths of five residents.

One nursing home operator has been banned from participating in state-run healthcare programs for a period of seven years, while others agreed to fines ranging from $30,000 to $200,000 and will undergo retraining of staff. But the settlement falls short of criminal prosecution, which safety advocates contend needs to occur to hold large for-profit nursing home operators accountable for the health and safety of residents.

The Worcester Telegram reported more nursing home closures are expected across Massachusetts. Currently more than 400 Massachusetts nursing homes operate 45,000 beds. About 20 Massachusetts nursing homes closed last year.

The aging Baby Boomer population, consolidation of the industry into a few large for-profit nursing home operators, and a lax regulatory and oversight environment have created a perfect storm in the American nursing home industry. As our nursing home abuse attorneys in Massachusetts reported last year, instance of nursing home mistreatment or neglect can be even more likely at these for-profit facilities.

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The threat of fall injuries is a commonly overlooked risk, particularly through the long Massachusetts winter months.

As we recently reported, Massachusetts snow removal liability laws can hold business or property owners liable for falls or other injuries caused by the accumulation of ice or snow on public or private property. In some cases, even municipalities may be held responsible, although MGL c. 84, § 21 requires those making claims against a municipality to notify the county, city or municipality of injury or damage resulting from snow or ice within 30 days of an incident.download-2-2

Although winter’s wet and slippery conditions are far from the only cause of fall accidents, ice and snow do add substantial risks for New Englanders. Boston Code of Ordinances 16-12.16 contains addition information about the city’s snow-removal law.

Our Boston injury lawyers know fall injuries are often discounted as frivolous claims. It’s an opinion that is heavily promoted by big box stores, commercial property owners and insurance liability carriers. But the fact is that fall injuries remain a leading cause of serious accidental injury and death in the United States each year.

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Recently, we wrote about the risks of parking lot accidents. However, parking lots are far from the only risks that come with the holiday shopping season.

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The risks of injury on commercial or retail property spike during the holiday shopping season for a variety of reasons. Winter weather brings the risk of ice, snow, standing water and wet or slippery floors. Overstocked shelves and displays create risk of being struck by overhead merchandise, which can result in very serious injuries. Crowds and short tempers can lead to falls, assaults, or other injury risks.

Black Friday has been particularly dangerous in recent years, as stores promote outrageous deals to draw large crowds. Employees and customers alike are at risk of injury. Nor do the risks abate once you return home. We bring more new products into our homes during the year-end holidays than at any other time of the year, making dangerous or defective products another common risk, particularly for children’s toys or products otherwise marketed to children. From Thanksgiving fryers to New Year’s Day fireworks, dangerous products are a much more common risk than many consumers would like to believe.

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Massachusetts state law is what controls the aspects of a wrongful death lawsuit that deals with who has the right to file the lawsuit in court. Typically, only Who Can File A Wrongful Death Lawsuit in Massachusetts New Bedfordimmediate family members of the victim have standing to sue the person or entity that caused the death. But the definition of immediate family is something a court may have to decide in today’s more flexible familial standards.

For the most part, it is simple to determine the immediate family that will seek such a claim. These would be a spouse, including domestic partners, and children of the deceased.

A partner who is not married or registered domestic partner, may have to file a special request to the court to get permission to file a wrongful death lawsuit. The same special permission may be required for step children or parents. If you fall within one of these classifications, the other side will challenge your right to collect in a wrongful death lawsuit. This is why it is important to hire experienced Massachusetts personal injury attorneys for your case.

An apartment fire at 16 Fairgrounds Road in Sturbridge caused fatal injuries to an elderly woman who lived there. The fire occurred on April 22 and was caused by a microwave oven. Sturbridge Woman Killed in Accidental Apartment Fire

Fire officials further discovered that the apartment lacked an operable smoke detector. Firefighters immediately transported her to the hospital but she later died.

The Worcester County District Attorney’s office will release the name of the victim at a later date.

State and local fire officials are working with the building’s owner to ensure that each apartment has an operable smoke detector with functioning back-up batteries.

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A New Bedford police officer was struck by a car Monday morning. New Bedford Police Injured in Car Accident

The officer was on foot in a construction area on Church Street when the officer was hit. The accident occurred at about 11 a.m.

The office was injured and treated at the scene. The officer is believed to make a full recovery.

Although, the incident looks to be an accident, the incident is under full investigation.

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Nearly 24 hours after a multi-vehicle crash at the Gas Depot in Brockton, a female victim of the crash was declared dead today.Brockton Gas Station Multi-Vehicle Accident Fatality

Reports from the Plymouth County District Attorney’s office indicate that victim as in her 50s and had refused treatment at the scene of the accident on Thursday. The female eventually arrive at the Brockton Hospital where she was then transferred to Beth Israel Hospital where she succumbed to her injuries.

On Thursday, around 10 a.m., law enforcement were dispatched to the gas station at Main Street and Perkins Street. There, they discovered that a GMC Yukon collided into the female victim’s vehicle, before crashing into the gas station – slamming into a pole in the process. The GMC Yukon was stopped by another vehicle at the gas station.

The identities of the people involved have not been released.

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On Thursday afternoon Boston firefighters were dispatched to a home for something other than a fire. Boston Firefighter Rescue

They were able to save a female resident after she was trapped underneath a grate in the rear of the house.

According to reports, she was attempting to keep warm.

Numerous people across the state will visit the emergency room annually for help due to slip-and-fall accidents. Some injuries will not be serious and after some quick treatment they’ll be on their way will not result in a hospital stay. However, other injuries can be severe such as fractures, breaks or even a fatality. Hundreds of slip-and-fall accidents can Massachusetts personal injury attorney slip-and-fall accidentstake a financial toll on the victim and his or her family. The most common reasons for this accident are the condition of surfaces and the lack of job training at the businesses.

Slip-and-fall accidents happen when the walking surfaces are left in an unsafe condition, like with water or other liquids. This is because of failure to maintain the surface, like removing the hazard timely. The surface can also be unsafe due to the weather, such as tracked-in snow. Even an attempt to do the right thing, like keep floors clean, can result in an accident. When signs are not posted to notify guests that the floor is slippery a dangerous accident can occur.

A walking surface that is not level is also cause for concern. Carpeting that is fraying or cracks and potholes can cause a slip-and-fall accident. The law mandates that property owners keep their land safe for guests who are invited onto the property. This means clearing any potential dangers.

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Drinking wells, near the April 9 oil spill around I-91 of North Thompsonville, in Enfield are safe for drinking, according to health inspectors. West SPringfield water contamination personal injury

They were evaluated after a fuel tanker collided, rolled over and dumped over 2,500 gallons of gasoline on the southbound Exit 49 ramp of I-91 of the Massachusetts state line.

A government spokesperson stated that the wells had been safe since April 13 The spokesperson also revealed that a private agency — ATC — is keeping on eye on the drinking water as well. ATC is filing reports with the state Department of Energy and Environmental Protection.

According to Massachusetts law enforcement, the collision occurred after 1 p.m. on April 9. The driver of the truck was Jonathan Andrew Edwards, 32, of West Springfield, Massachusetts. He did not to clear the ramp’s bend. The truck rolled, ending up on the right shoulder.

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