A recent news article from the Union Leader discusses a report that a man recently settled a lawsuit with a night club in the amount of $500,000.  The lawsuit was filed after plaintiff was injured in a confrontation with night club security personnel outside the Gloucester area establishment.

1037536_money_in_handThe 23-year-old plaintiff was severely injured as a result of the altercation with nightclub bouncers and had to have multiple surgical operations to treat his injuries. In his complaint, he was demanding $1 million in damages.  As part of the pretrial process, the case went before a mediator with Massachusetts Dispute Resolution Services, and this ultimately led to the settlement that both parties were willing to accept.  Continue reading

While this winter started off pretty mild, it has certainly turned cold across much of the New England area, including Boston.  With snowstorms and ice storms knocking out power throughout the Commonwealth of Massachusetts, safety officials fear the worst as people are turning to alternative means to heat their homes, including wood stoves, space heaters and generators.

smoke-alarm-1420153-300x225The reason for the fear is that these devices, while they may heat the home, present a major risk for carbon monoxide poisoning, which can cause serious personal injury or death.  According to a recent news article from Wicked Local Franklin, firefighters in Massachusetts have already had to respond to a number of carbon monoxide calls where they needed to ventilate the buildings and make them safe again for residents.  Luckily, there were no injuries in these cases, and there were carbon monoxide detectors that were able to warn the residents, so they could call the fire department in time. Continue reading

Whenever we walk on the street or even drive down a highway, we frequently come across metal manhole covers.  We don’t usually give much thought to them, but, as it turns out, they weigh over 200 pounds and can lead to serious personal injury or death in the event they come loose.  While, obviously, it is possible for someone to fall in an uncovered manhole, the covers themselves can also be quite deadly if they are knocked loose by a car or truck.

manhole-cover-san-francisco-1496606-300x200According to a recent news feature from WPRI, a manhole cover that did, in fact, weigh 200 pounds, was knocked loose by a vehicle on Interstate 93 by the O’Neil Tunnel in Boston.  The manhole cover was then clipped by another vehicle and was launched into the air and came crashing through the windshield of a car moving at highway speeds.  Continue reading

According to a recent news article from Mass Live, a three-year-old boy has drowned at a New England area daycare.  State troopers have said that, when then the young victim’s parents arrived at the daycare facility to pick up their son, he was nowhere to be found.

1272047_snow1-300x225At this point, everyone began looking for the child, and one staff member searched the entirety of the daycare facility, including the outside area surrounding the building.  The child was eventually found floating in a stream behind the daycare center – in a stream that was partially frozen.  Continue reading

Carlson v. Town of South Kingstown, a case from the Supreme Court of Rhode Island, involved a plaintiff who was injured at local little league game.  According to court records, the plaintiff went to a little league game at a field maintained by the town.  She was there to watch her son play in the baseball game.

baseballs-1192309-300x225Plaintiff had been standing at a chain link fence that separated her son’s team’s dugout from the batting cage where pitchers could warm up during the game, so she could see what was happening.  After the game, when she went to meet her son in the dugout, she testified that she felt her foot fall into a hole or divot in the ground.  When her foot fell into the hole, she suffered three separate fractures in one leg. Continue reading

According to a recent report from CBS, a woman was killed in a skiing accident in Wisconsin. The 24-year-old woman was skiing when she hit a tree. Ski patrol personnel immediately responded to the scene of what would later prove to be a fatal accident, and they also called 911, so local authorities could provide additional assistance.

1380245_winter_street_sceneryWhen the local sheriff’s deputies arrived, ski patrol had already taken the victim down to the base of the mountain in a toboggan, so she could be provided additional medical attention and transported to a hospital by medevac helicopter or ambulance. Continue reading

Among all types of personal injuries, burn injuries are among the most painful. A recent article from the National Law Review looks at what victims of burn injury cases go though and some of the things they can do to help ease pain and suffering.

fuego-1178889-300x225One of the first things to realize is that burn injuries are more common than one might think. In the United States alone, there were nearly half a million burn injuries in 2015. While an overall statistic like this tells the story on a large scale, it does not capture the personal journey each burn victim goes through during the accident and the recovery, if they were able to survive. In many cases, the pain will last far after the day the injury occurred. Continue reading

According to recent news form WRAL, authorities arrested a 25-year-old woman who was working at daycare facility. Police charged her with intentional child abuse involving the infliction of serious physical injury. Specifically, she is alleged to have broken the arm of a one-year-old child this past November.

1350860_hand-in-handAnother family using the daycare center pulled their child out as soon as they learned of this recent arrest. They believe the same defendant injured their child two months before this most recent incident. In that first incident, family members say their child came home with serious scratches on her back. The defendant had written an incident report in which she claimed that another child had become very excited and scratched their daughter on the back. However, child’s family does not believe another child could have scratched their daughter in such a manner. Continue reading

There is no question that driving in the ice and snow is dangerous. There are many accidents as a result of people driving too fast for dangerous conditions. There are also accidents caused by people in cars that are unable to drive safety in the snow, and there are accidents caused by people being overconfident in vehicles that are designed to handle winter conditions like an SUV with four-wheel drive.

1272047_snowHowever, in addition to acts caused by driving on the snow and ice, there are many accidents caused by snow and ice still on the roofs of cars and trucks while driving at highway speeds. Anyone who driving in Boston or on the Mass Pike during the winter has surely seen huge chunks of ice and snow falling off the top of a car or truck. You have probably also seen giant sheets of ice that are several feet long flying off the top of a semi-tractor trailer, and you may have had to swerve out of the way to avoid being hit by them. Continue reading

When a victim is injured as result of the negligence of an employee of the state or municipal government, and a lawsuit is filed, government defendants will often try to escape liability or limit liability based on what is known as the doctrine of sovereign immunity. While the actual statute may have a different name under state or local government tort claims acts, the doctrine essentially places a limit on the amount of money one can demand or be awarded from a government defendant in many situations.

1235172_beeThe reason these laws exist is because lawmakers felt that in order for a government to perform its essential functions, it must be able to operate without constant fear of lawsuits that could bankrupt the treasury. The rationale is that a government, unlike a private citizen or corporation, has no choice but to act. The government is responsible for providing various functions. For example, even during a major snowstorm, the government must send out plows and salt trucks. This is dangerous work, and it may result in personal injury or property damage. Since the government has not choice but to go out and work on the roads, a person should be limited in amount of money they may obtain in a lawsuit. Continue reading

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