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Falls are the leading cause of injuries suffered by elders in Massachusetts, according to a recent news article from the Worcester Telegram.  This article focuses on how these falls are not only dangerous for elders, but are also largely preventable. In terms of a personal injury lawsuit involving an elder injury, it is often a question of whether or not a defendant acted reasonably so as to prevent the fall accident from occurring.

wheelchair5One man interviewed for the article said his fall was a result of wearing socks on slick bathroom tiles. He suffered serious injuries as a result of his fall in the bathroom, and he showed the results of those injuries to his classmates in an exercise program to help get seniors to improve their balance and maintain their strength, so these types of accidents are less likely to happen in the future.  He also said beyond stretching and improving his balance, he is learning to be more cognizant of his movements as means of preventing another serious fall accident. Continue reading

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Over the past decade, scientists and doctors have made many advances with regard to how head injuries, including traumatic brain injuries, are treated.  One major reason for this was that in the global War on Terror in Afghanistan and Iraq among other places, we have had thousands of brave men and women coming home after suffering head injuries as a result of improvised explosive devices (IEDs), enemy fire and other accidents.  In wars past, these men and women would likely have died on the battlefield. Today, with advances in modern medicine, they are surviving – and returning home in need of treatment for brain injuries.

brains-1426619One of the reasons brain injuries are so problematic is because once the brain cells are destroyed, they do not regenerate as part of the normal healing process. In other words, the damage is often life-long.  In addition to brain injury caused by a traumatic impact, having stroke results in a deprivation of oxygen to the brain, and that results in the death of brain cells. Continue reading

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According to a recent news article from ABC News, a childcare worker is now in jail after being accused of hitting a 9-month-old child when that baby would not stop crying.  This particular defendant was running a childcare center out of her apartment.  While many childcare providers do so in an actual facility, it is not uncommon for people to bring their children to a childcare provider who operates a business out of his of her home.  While there may be licensing and inspection issues with doing so, this is something that happens in Boston and around the country on a regular basis, as childcare has become so expensive.

childWith respect to this case, prosecutors have said police first learned of this alleged situation when a neighbor saw the woman slapping a small child in the face multiple times.  This caused great concern for the witness, and she flagged down a police officer who was already in the area. This witness allegedly told the investigators that this was not the first time she had seen this woman being abusive towards the children in her care.  She alleged that she had seen defendant throw the baby across an apartment and that she was letting other tenants abuse the child. Continue reading

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Following the death of Jose Fernandez, the baseball world was in a state of shock.  We saw his teammate Dee Gordon hit the longest home run of his career and then break into tears while rounding the bases.  We saw all of the Miami Marlins wearing Fernandez jerseys with his name and number, and we saw opposing teams hold tributes as well.

marina-1449492Just to briefly recap the tragic events that lead to the ace pitcher’s death, rescue workers found his boat upside down after it had crashed into a jetty off the coast of Miami.  When rescue workers approached the boat, they found that nobody was still on board and sent rescue divers into the water to look for any survivors.  They found Fernandez and two of his associates, but they were already deceased. Continue reading

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In Fecke v. Bd. of Supervisors Louisiana St. Univ. & Agricultural & Mech. College, a case from the Supreme Court of Louisiana, a college senior went to an indoor rock climbing facility located on the university campus.  He had been enrolled in an Outdoor Living Skills Activity course and this rock climbing activity was actually a mandatory requirement.

rockOnce plaintiff arrived at the rock climbing facility, she completed a participation agreement as the staff asked her to do.  Following her signing the participation form, there was instruction into how to make the climb, and she successfully climbed the wall.  However, on the way back down from the wall, she fell to the ground.  When she hit the ground, she landed on her foot hard and fractured the talus bone. Continue reading

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In Regalado v. Callaghan, defendant was a subcontractor with a license to do concrete jobs and wanted to build his wife’s dream house according to court records.  In order to save money on the project, defendant chose to be the owner-builder of his new home.

1341083_neglected_poolAccording to the relevant state regulation in the jurisdiction, an owner-builder can personally obtain all necessary permits and serve in the place of a general contractor in terms of responsibility on the project.  Once he had obtained the proper permits, he did all of the concrete work himself and then hired subcontractors to perform the other needed work. Continue reading

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Hollaway v. Direct Gen. Ins. Co. of Miss., Inc., a case from the Supreme Court of Kentucky, involved a car accident in the parking lot of an apartment complex where the vehicles were both traveling at very low speeds. There were differing accounts of what actually happened in this car accident.

parking lotOne party testified that he was driving a friend’s car with that friend in the passenger seat at the time. At this point, both occupants of the car noticed another vehicle backing out of a parking space about 25 feet from them.  They further testified that they stopped their vehicle to allow the other party to continue to back his vehicle out of his spot.  However, they then claimed the other driver turned towards them as he was backing out and did not stop driving until the rear of that vehicle crashed smashed into the front of their vehicle. The driver claimed there was no way to get out of the way of the other car as it was reversing towards them. Continue reading

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In Huang v. The Bicycle Casino, an appeals court in California was tasked with weighing the issue of liability of a common carrier.

For example, if you are injured while riding in friend’s car, and that friend was at-fault in the accident, your friend would be held to the ordinary standard of care as in any other negligence case.  The reason for this is because your friend is not a common carrier of passengers. However, if you are riding with a driver working for a bus company and you were injured as a passenger – even as a guest of a free shuttle – the driver (and vicariously, the company) would be held to a higher standard of care.

roulette-de-casino-1426072In Huang, plaintiff was injured when she was getting on board a shuttle bus provided by defendant’s casino.  When plaintiff sued, defendant casino claimed it should not be held to a higher standard of care because as a casino, it was not a common carrier of passengers. Defendant that the free shuttle was provided as a courtesy for customers, but it were not engaged in the business of carrying passengers from one location to the other. Continue reading

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At some point in our lives, most of us have engaged in an activity for which we were required to sign a release of liability.  If we have children, we have certainly had to sign participation forms for our children before they are allowed to go on field trips or participate in any number of activities, including sporting events.

jumping-boy-1240200In Duhon v. Activelaf, LLC, participants at defendant’s indoor trampoline park were required to sign a participation agreement prior to using any of the equipment in the facility.  While many people are familiar with trampolines and have likely been on one at some point in their lives, they may not realized they can actually be quite dangerous. Many people suffer serious head and neck injuries on them that can result in permanent paralysis or even death. Continue reading

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Cleveland Nursing and Rehabilitation, LLC v. Estate of Annie Mae Gully, a case from the Mississippi Supreme Court, weighs whether a nursing home breached its duty of care to an elderly patient who died after complications form a fall. Plaintiff who was a resident at a nursing and rehabilitation home run by the defendant.

nursesWhile she was living at the nursing facility, she fell and broke her hip.  As a result of this slip-and-fall accident, she underwent a surgical repair of her hip, but there were serious complications from the injury and her surgery, and she died less than a week after the accident. Her family filed a lawsuit against the nursing home in which they alleged wrongful death as a result of defendant’s gross negligence. Continue reading

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Boston, MA 02110
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60 Court St
Taunton, MA 02780
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Quincy, MA 02171
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Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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