Boston Personal Injury Attorney Blog

October 10, 2013

Snow and Ice: Slip and Fall Season and Liability

As the winter season draws near, snow mounds, unplowed parking lots, and icy sidewalks can create the danger for pedestrians and shoppers. While it may seem too early to start that discussion, the reality is risks are highest through the first couple snowfalls as motorists adjust their driving, pedestrians get their winter feet, and businesses and property owners get squared away for the long winter’s fight. Our Boston personal injury attorneys are experienced with negligence claims and are dedicated to raising awareness about building safety and maintenance.

In 2010, the Massachusetts Supreme Judicial Court ruled in Papadopoulous v. Target Corp. that all Massachusetts property owners are legally responsible for the removal of ice and snow from their residence or business. According to an old common law, otherwise known as the “Massachusetts Rule” owners could leave snow and ice on their property to accumulate without liability. After all other courts throughout New England dismissed the bygone common law, the Supreme Judicial Court held that property owners must treat snow and ice as a dangerous condition.

You have probably heard of the expression “slip and fall,” but do you know what it means and who can be held responsible in the event of an injury? Falls on commercial or residential property can be extremely dangerous and can cause permanent damage to victims. It is important to have a clear understanding of premises liability if you have suffered an accident to identify responsible individuals and entities.
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October 6, 2013

Mass. Bill Proposed to Test Young Athletes for Head Injuries

by Jeffrey S. Glassman

In the aftermath of numerous high school athlete deaths and NFL player lawsuits involving traumatic brain injuries, health officials, legislators, parents and school administrators are pursuing options to make high school sports safer for young players. Traumatic brain injuries may not be immediately identifiable, but can have serious consequences for victims. Head injuries can cause immediate impairment as well as long-term damage, especially with repetitive exposure to impact.

Massachusetts lawmakers are currently in the process of creating a bill that would require testing of young athletes for brain injuries. Advocates for this bill assert that providing an initial screening process could reduce the chance of injury and give doctors additional information in the event of an accident. Our Massachusetts brain injury attorneys are dedicated to protecting young athletes against long-term damage caused by brain injuries, including concussion. We are committed to staying abreast of all developments in the law and in public health to prevent future accidents and injury.

Throughou Massachusetts, young athletes are at risk of brain injury every time they step on the field. State legislators have heard from concussion victims who suffer from migraine headaches, memory loss, and other cognitive issues related to sports injuries. For some victims of sport-related accidents, an injury can strip a student’s ability to drive, use a phone, or have normal activities with friends. Concussions can lead to migraine headaches and in some cases, students are told to refrain from reading, watching TV or engaging in other activities that could slow brain healing. Not only will these side effects impact a teen social life, but a brain injury could also result in lower grades and ultimately impact long-term potential.
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October 2, 2013

Children Should Be in a Car Seat or Seat Belt at All Times in the Car

by Jeffrey S. Glassman

Car accident fatalities are always tragic, but it can be especially devastating when a young child or infant is killed by a dangerous or reckless driver. Our auto accident attorneys in Massachusetts know that no matter how carefully a parent or guardian drives, a child’s life could be endangered by other negligent motorists on the road.

While there is nothing a parent can do to keep dangerous drivers off the road, parents can help to protect their children by making sure their kids are in a car seat or wearing a seat belt at all times. A National Highway Traffic Safety Administration (NHTSA) news release has emphasized the importance of properly securing children in a vehicle, offering some tips to parents and caregivers to help keep kids safe in case an auto accident happens.
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September 30, 2013

“Choosing Wisely” Campaign Reminds Doctors & Patients To be Cautious About the Use of Potentially Dangerous Drugs

by Jeffrey S. Glassman

Anti-psychotic medications have been linked to potentially dangerous side effects, including an increase in the risk of suicidal thoughts; birth defects and miscarriages; and causing patients to experience severe withdrawal symptoms when discontinuing the use of the medications. While our dangerous drug lawyers know that sometimes the benefits of these drugs outweigh the risks, it is also clear that anti-depressants shouldn’t be prescribed unless the medications are truly necessary for the health of the patient.

Unfortunately, many medical professionals and industry-experts, including the American Psychiatric Association, have recognized that anti-psychotic medications are widely overused. To try to combat this problem and encourage doctors and patients to question whether the drugs are necessary rather than relying so much on these medications, a new campaign has been launched called “Choosing Wisely.”
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September 28, 2013

New Study Shows Twice as Many Patients May be Dying from Medical Mistakes as Previous Data Suggested

by Jeffrey S. Glassman

New data published in the Journal of Patient Safety suggests that previous estimates regarding the number of fatal medical mistakes are far too low. If the new estimates are accurate, medical malpractice is the third leading cause of death in America, with only heart disease and cancer killing more Americans.

Our Boston medical malpractice lawyers know that there are many deaths and many more injuries each year because of medical errors. A medical mistake can be fatal for many different reasons and it is important for patients to understand the greatest risks so they can do everything possible to protect themselves from becoming a victim.
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September 26, 2013

Commuter Rail Train Hits and Kills Man in Norwood

by Jeffrey S. Glassman

A young man was hit and killed in Norwood by a commuter rail train. According to the Boston Globe, the accident happened just before 5:00 p.m. near Dean and Washington streets.

Our Boston personal injury lawyers understand that pedestrians fatally hit by oncoming trains is not an irregular event anymore. During the first five months of 2013, there were more than 356 pedestrians injured by passing trains. You might think that many of these accidents are caused by pedestrians — like trespassing or illegally walking near tracks. And you would be correct. However, federal authorities continue to point to far too many of the nation’s railroad crossings that are lacking proper warning equipment.

The truth of the matter is that most — if not all — of these accidents can be prevented. It just takes a little bit of awareness and caution.
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September 25, 2013

1 in 4 Massachusetts Nursing Homes Has a Severe Deficiency: How Can You Protect Yourself and Your Loved Ones?

by Jeffrey S. Glassman

Families for Better Care has given Massachusetts a grade of “B” on the first ever state-by-state nursing home report card. Massachusetts was the 19th best state in terms of the quality of nursing homes on a state-by-state comparison, but unfortunately around one in four nursing homes in Massachusetts was cited for severe deficiencies.

Our Massachusetts nursing home abuse lawyers know that many nursing homes fail to live up to obligations to provide patients with quality care. It is important for those looking for a nursing home for themselves or for family members to do careful research in order to identify an appropriate nursing home environment.
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September 22, 2013

Payouts to Victims of VA Malpractice Victims at Record Highs

by Jeffrey S. Glassman

Many veterans receive medical care at VA hospitals because the cost of their care is covered at these facilities. Unfortunately, visiting a VA hospital may be a dangerous choice for patients, as a number of disturbing incidents have led to record highs in medical malpractice payouts.

Our VA malpractice lawyers know that patients have a right to expect a reasonable degree of competence among all physicians and hospital staff. Failures of healthcare providers to exercise reasonable care can cause serious and lasting injury. Incidents at the VA hospital, for example, have led to death in some cases and to expensive medical treatments in others.
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September 20, 2013

Massachusetts Playgrounds and the Risk of Child Injuries

by Jeffrey S. Glassman

There’s going to be a new playground in town. Recently, Mayor Thomas M. Menino announced a new 200,000 square foot artificial turf field at Roberts Playground on Dunbar Street in Dorchester, according to the Official Website of the City of Boston.

This field is going to offer residents play on football, soccer, baseball, softball and cricket teams. To emphasize safety in this area, officials will also be installing new sports lighting with LED security lights, new benches, new fencing and new bleachers than can seat 400 people. It will also come with a new scoreboard, new backstops and a new perimeter walkway. This is going to a $3 million improvement project.

Our Boston child injury attorneys understand that there are about 30 million children and teens who participate in some form of organized sports each and every year. With all of this participation, we see close to 4 million related injuries annually. The most common of these injuries are strains and sprains. Among the most serious are brain injuries — which serve as the leading cause of sports-related death in children. A lot of these injuries happen as a result of falls, being struck by an object, collisions and overexertion during informal of unorganized sports activities. More than half of these injuries happen during practice. When all is said and done, about 20 percent of those participating in these sports are injured each year, and about a fourth of those injuries are considered serious, according to the Boston Children’s Hospital.
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September 19, 2013

Woman Flown to Boston Hospital after Cotuit ATV Accident

by Jeffrey S. Glassman

In a recent ATV accident, a local woman was flown via MedFlight to Boston hospital after her ATV crashed in a rural area off Main Street in Cotuit. According to the Cape Cod Times, the accident happened as the driver was riding along power lines near Santuit-Newtown Road.

Our Cotuit personal injury attorneysknow ATVs are common in the New England area. They’re fun and they’re cost effective. Unfortunately, they can also be very dangerous. Some of these vehicles can travel at speeds up to 60 mph and can weigh up to 1,000 pounds. Because a lot of ATV crashes involve high speeds and rollovers, many of these crashes result in serious damage — and even death.
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