Our Boston personal injury lawyers know such cases require a thorough understanding of both state and federal negligence law.

train.jpgIn Partenfelder v. Rhode, a case heard in the Wisconsin Supreme Court, a freight train hit a minivan. According to the record, the local police department sent a letter roughly two weeks before the fatal accident to a member of the rail police. The letter stated the town would be holding a Memorial Day parade, which might increase pedestrian traffic in the area along the railroad tracks.

The letter asked the rail police to notify all train conductors of the possibility of pedestrian and vehicle hazards on the tracks at a particular location. The letter did not request that trains operate at reduced speed. The officer did not get any response to his letter and sent another copy of the same letter the following week. The rail police officer who received the letter sent a memo to the train dispatcher, who generated a special bulletin telling train crews to sound the warning bell continuously and look out for crowds at a particular location.
Continue reading

Our Boston personal injury lawyers know storeowners who do not properly inspect and maintain their premises may subject themselves to a negligence lawsuit.

269548_emergency.jpgAccording to recent story from CBS, a security gate at a Philadelphia Italian ice store killed a three-year-old child. Authorities are reporting that an accordion-style metal gate that rolls down to protect the store from burglars came loose from the building structure. The 2000-pound gate, along with the metal frame constructed on steel beams, detached from the building and fell on the child.

This tragic accident occurred during a fundraising event hosted by two college fraternities. Witnesses say that dozens of people tried to lift the gate off the child. At one point there were 12 to 15 people on each side of the gate but it was too heavy for them to quickly lift. Eventually, with the help of 30 people, they were able to lift the gate off the young girl, but she was not moving at that point.
Continue reading

Our Boston personal injury lawyers know the statute of limitations is always a major concern in the timing of filing a negligence action.

healthcare-upclose-885334-m.jpgIn Wilkinson v. East Cooper Community Hospital, an appeal heard in the South Carolina Supreme Court, the plaintiff was admitted to the defendant hospital in 2008 to undergo reconstructive breast surgery.

Once the surgery was complete, the plaintiff began to experience medical complications, and she required additional surgical procedures. Just short of three years following the surgery, the plaintiff filed a Notice of Intent (NOI) to file a lawsuit, because the statute of limitations was about to run.

Our Boston personal injury lawyers know insurance cases involving defendants with multiple insurance companies may result in additional litigation.

959017_swimming_pool_water.jpgIn Fellowship of Christian Athletes v. Ironshore Specialty Ins., a case heard in the U.S. Court of Appeals for the Eight Circuit, two boys attended a youth sports camp operated by the defendant. Neither of the boys could swim, and the parents indicated that they could not swim on the appropriate form.

One day during camp, there was a pool party for all campers. Once the pool party was over, the staff noticed the two boys were missing. Their bodies were eventually discovered lying next to each other on the bottom of the deep end of the pool. The medical examiner concluded that the cause of death for both children was drowning but the most shocking finding were that the times of death for the boys was determined to be at 10:42 p.m. and 10:44 p.m. respectively.
Continue reading

Our Boston personal injury lawyers know cases involving injuries to children can be especially hard on families.

880737_brain_001.jpgAccording to a recent story from News10.com, the family of a ninth grade student at a school in Hialeah, Florida filed a negligence lawsuit against an event company. The girl was attending Spirit Day at the school and was participating in a sumo wrestling game.

The girl was wearing a sumo wrestler suit provided by the event company. The suit allegedly did not fit her properly. The family, through their attorney, alleged that the improperly fitting suit and insufficient supervision caused the girl to have her head banged against the floor several times.
Continue reading

Our Boston fall injury lawyers know premises liability law in Massachusetts is distinct from many other states.

1031747_hospital.jpgIn Demag v. Better Power Equipment, an appeal heard by the Vermont Supreme Court, the plaintiff worked at a car dealership. One of the services offered by the dealership was that they would pick up the customer’s car and return with the car after service was completed.

The plaintiff was a driver who would drive his own car to the location where the customers’ cars were, leave his car, and return to the dealership with the customers’ cars. The plaintiff was responsible for picking up the cars owned by the defendant and his wife several times a year.
Continue reading

Our Boston personal injury lawyers understand that, in premises liability cases, the defendant will often to try to escape liability by claiming that the plaintiff was injured by an obvious danger.

993863_ladder.jpgIn Pinson v. 45 Development, a contractor was hired to install an electronic sign at a store. He was a master sign electrician with years of experience. He was using a bucket truck to get to the sign canopy. The canopy was constructed in such a way that he not have a place to stand. It was basically a metal frame with vinyl stretched over top. There was no way to gain access from underneath the sign.
Continue reading

Our Boston personal injury lawyers understand that the need to prove both liability and damages separately can be confusing to plaintiffs.

hospitalroom1.jpgMetzler v. BCI Coca-Cola Bottling, decided by the Supreme Court for the State of Arizona, involved a plaintiff who was shopping at a grocery store in Tucson. While in the store, she slipped on water that was leaking from a refrigerator. The refrigerator was not owned by the store; rather, a soft drink company that had placed the refrigerator in the store owned it.

The personal injury suffered by the plaintiff was severe, and she made an offer to settle the case for $150,000. The defendant rejected the case, and it went to trial. The jury found that the defendant was responsible for the plaintiff’s injuries and awarded her a verdict in the amount of $1.5 million.
Continue reading

Bicycle riding is a popular way to get around Boston and many major metropolitan areas in the United States and bicycle share programs have been making it easier for more people than ever to commute via bike. Unfortunately, recent studies suggest that in cities with bike share programs, there is dramatic increase in the number of people who experience brain injury. no--bicycles-1444541-m.jpg

Brain injury can have devastating and lasting effects and can be very costly to treat. Unfortunately, bicycle accidents leading to brain injury frequently occur because drivers fail to share the road in a safe way with bicycle riders. When a driver is to blame for causing a brain injury, he becomes responsible for compensating the victim or his family members for the economic and non-financial costs of the injury. An experienced Boston brain injury lawyer should be consulted to provide assistance to those who wish to take legal action after a bicycle accident.
Continue reading

Many different types of elder abuse can occur in nursing homes in the Boston area. While most people worry about physical and financial abuse as primary risks for seniors, sexual abuse is a real possibility that could have devastating effects for an older nursing home resident. healthcare-upclose-885334-m.jpg

Victims of any type of nursing home abuse or neglect should consult with an experienced Boston nursing home abuse lawyer for help. Family members also need to be alert for signs of problems and inappropriate behavior, especially when nursing home residents are no longer able to communicate about the treatment that they are receiving.
Continue reading

Contact Information