According to a recent article from WJCL, an 11-year-old girl has a brain injury that is believed to be the result of another student throwing a football at her face. Victim’s father said he was aware his child was a victim of other children bullying her, and had notified the school of his concerns for her safety prior to her being permanently injured.

He said he had even sent the school over 20 separate emails concerned with his daughter’s safety from school bullies and made some attempts to fix the situation, but he wishes more had been done by everyone involved, including himself.

brainscan.jpgIn this serious incident, her father alleges another child intentionally threw a football at his daughter’s face. She came home from school feeling lightheaded, and he took her the doctor for an examination. Doctors soon learned she had a rare disorder known as intracranial hypertension. While doctors cannot say her alleged assault was the definitive cause of her traumatic brain injury, there is a high probability, since it typically a result of head trauma.

She is currently losing vision in one eye and may go permanently blind, even if she has a risky surgery to correct the issue. Intracranial hypertension involves the skull putting pressure on the optic nerve, causing blindness to occur.
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Injuries from burns are often among the most severe and painful types of personal injury. According to a recent news report from WWLP, grease and steam are the leading causes of burn injuries in Massachusetts.

cooking-with-gas-1-1340839-m.jpgThe State Fire Marshal for the Commonwealth of Massachusetts urges people to be more aware of the dangers associated with unattended cooking, and hopes to educate people through his work with National Burn Awareness Week.

While many people think of a structure fire as the leading cause of burns, cooking grease and steam cause far more severe burns in Massachusetts each year. As he noted when being interviewed, simply tipping over a pot of hot soup can lead to serious burn injuries.
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The issue of gun control in this country is a highly contentious one. While the right to bear arms is generally undisputed, those weapons do sometimes cause unintentional harm and gun owners can be held liable for injuries in some cases.
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In 2013, lawmakers in Massachusetts debated a bill that would require gun owners to purchase liability insurance in the event the firearm caused injury or death. The state already has gun storage laws, but police are not allowed to come into someone’s home without a warrant to ensure weapons are properly stored. The idea was that insurance companies could verify proper gun storage prior to issuing a policy. Plus, if gun owners received better rates for adequate gun storage, the thinking went, there would be fewer accidents and fewer incidents of theft resulting in guns falling into the wrong hands.

The measure ultimately failed.
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The fact of injury is never enough to establish a finding of negligence necessary to make litigation a worthwhile pursuit.
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In order to establish negligence, one has to prove:

  • A duty owed
  • A breach of duty
  • Proximate cause
  • Compensable injuries

It sounds simple, but without any one of these key elements, a civil injury lawsuit will inevitably fail.
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The trucking industry as a whole has gotten very savvy with the way in which it has structured operations in order to limit liability.
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By hiring independently-contracted drivers, they seek to reduce the chance of a vicarious liability claim for employee negligence. By having separate firms owning the tractors and the trailers, they attempt to shield themselves under the Graves Amendment — federal law written to protect rental car companies from renters’ negligence but which truck companies have used to their advantage.

Despite a powerful trucking lobby that actively seeks to erode public safety protections and limit liability, there are still several key laws that hold trucking firms accountable in these instances.
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When we first leave our kids at daycare or with an after school childcare program, it is sometimes an emotional experience. Whether it is the first time the child has been away from his parents, or at high school sports program, we are worried something bad could happen. While these concerns are completely normal for any parent to have, we generally assume he or she will come home safe at the end of the day.

to-gym-536402-m.jpgUnfortunately for one family, this was not the case. According to a recent news feature from North Jersey.com, a child’s life was forever changed when he was only six years old. His mother says she had her son in an after school program when a serious accident occurred. The young victim was sitting on the floor working on a puzzle when a collapsed cafeteria table fell on him. The table was folded up along the floor and was supposed to be secured, but it was not. When the table hit the young victim it fractured his femur and skull.

While he eventually made a full physical recovery, the victim, who is autistic, now fixates on accidents and must visit the place where he was injured almost every day after school. This accident occurred eight years ago, and her son is still affected by what happened. His mother learned another young boy had recently died in similar accident at another school, and she could hardly believe this happened again.
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After all the snow were are getting in the Greater Boston Area this winter, many families are buying or making a sled and heading to a local hill to have some fun. However, according to a recent news article from the Boston Globe, parents should be putting a helmet on their children before sending them down the hill.

boy-on-the-sledge-5-1134783-m.jpgWhile parents often make sure to bundle their kids up so much they can barely move their arms, a helmet is rarely considered when sending a child out sledding. While years ago it was perfectly acceptable to send your child down the ski slopes without a helmet, these days it is rare to see a child not wearing a ski helmet. In sledding, however, helmets are a rarely worn, and this is troubling because a person on a sled is traveling at high rate of speed, often around trees or cars, and has far less control than he or she would on skis or a snowboard. As the article points outs, bike helmets have also gone from hardly seen to absolutely necessary safety equipment for both child and adult riders.
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While predictions for the next “Storm of the Century” have proven wrong in much of the county, over the past two weeks Massachusetts has been slammed with heavy snowfall. With heavy snowfall comes the responsibility to clear snow and ice from sidewalks, streets, and parking lots. While many homeowners and store owners are good about making sure their property is safe for pedestrians, some are not.

icewalk.jpgIf you are on someone else’s property and suffer a fall as a result of snow or ice that has not been properly cleared, you have a case if you are seriously injured. Falls on snow or ice can lead to broken bones, nerve damage, traumatic brain injury (TBI) and other serious health conditions.
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A Bobcat is a compact tractor commonly used by homeowners with significant acreage and during smaller scale construction projects. They can be fitted with a variety of attachments to dig holes, hammer through concrete, move dirt and shovel snow. With all of the snow storms hitting our area this winter, people are using Bobcats and other similar machines to clear driveways and plow streets across the Commonwealth.

snow-emergency-route-576083-m.jpgAccording to a recent news article from the Boston Herald, a 12-year-old Pepperell boy was seriously injured when hit by his family’s Bobcat. Witnesses say victim’s juvenile brother was operating the machine to clear snow after a recent storm. The victim was walking behind the Bobcat when he slipped on an icy path left by its tracks. The young operator did not see his brother had fallen behind him and backed over his brother.
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According to a recent news article from NECN, a twenty-year-veteran MBTA inspector allegedly crashed a company vehicle into a bus operated by the T, and then was allowed to the leave the scene of the accident without submitting to drug or chemical testing as required by United States Department of Transportation (DOT) regulations and Massachusetts law.

tram-car-in-san-francisco-1188963-m.jpgAuthorities say T bus was waiting at crosswalk for a pedestrian to walk across the street when inspector rear-ended bus with his T owned vehicle. Police were called to the scene, as were T supervisors. At this point, it is required T inspector be taken to a testing laboratory certified by the Office of Drug and Alcohol Testing for the Commonwealth of Massachusetts, and submit to drug and alcohol testing. This normally involves blowing into a breath-testing instrument, and providing a urine sample for chemical testing at a state-approved testing facility.

For reasons not entirely clear, inspector was allowed to leave the scene of the accident without submitting for testing. Authorities later found inspector at his friend’s house and took him for testing. This was at around 4 p.m. and accident had occurred at around 9:30 in the morning. The concern is any alcohol, which may have been in his system, could have been excreted by the time he was eventually tested. It should be noted no reports have suggested any evidence he was actually under the influence of intoxicating alcohol or drugs at time of the T accident.
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