Boston Personal Injury Attorney Blog

October 26, 2010

Windstorm causes several tree limbs to topple across Massachusetts, raising questions regarding Boston-area premises liability

Recent strong winds have led to several near misses in the Boston-area after gusts caused limbs to snap and trees to be felled across sidewalks, patios, apartment porches — even crushing a couple cars parked street side, the Boston Channel reports.

Two women were transported to the hospital with non life-threatening injuries after a massive tree limb cracked and fell across a Kemp Street sidewalk. Property damage was more significant. Falling limbs crushed patio furniture and a deck structure and caused roof and other damage to a home and a couple cars.

Boston premises liability attorneys know that mother nature may have her own plans, but homeowners, property managers and landlords have an obligation to protect tenants and guests from hazards such as tree limbs. The scattering of tree-limb crack-offs around Boston is reminiscent of a rash of similar accidents in Central Park since 2009 that claimed the life of at least two, the New York Times reports.

In late July, 2009, a 33-year old man was seriously injured in Central Park when a rotting limb gave way and crushed him. In February, 2010, a second incident claimed the life of a 46-year-old man after a snow-covered branch fell on him. In June, a six-month-old infant was killed and her mother was critically injured by a falling limb from a honey locust tree at the Central Park Zoo. What caused the branch to snap is still unknown and various City agencies are still struggling to assign responsibility. Several personal injury and wrongful death lawsuits have also been filed.

The Union City family of the deceased infant is now planning to file a $50 million lawsuit against New York City, the Wildlife Conservation Society and the Central Park Conservancy, the Jersey Journal reports.

While pruning and regular care and maintenance can certainly diminish the likelihood of such accidents, sometimes branches break off, TIME reports. To reduce both risk and liability, New York City’s 5.2 million trees are maintained by the City Park Department. In Central Park, the Central Park Conservancy regularly prunes and inspects the 25,000 trees on their property.

For the most part, in large urban settings like Boston or New York City millions of trees and millions of people share the same living space with little incident. On occasion, however, failure to properly prune trees or otherwise ensure a property is free from hazard, can lead to serious or fatal injury.
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October 25, 2010

Supervision of teen drivers can limit risk of Massachusetts car accident

by Jeffrey S. Glassman

Our Massachusetts car accident lawyers have recently reported on our Boston Car Accident Lawyer blog that parents can reduce the risk of their teen being involved in a traffic crash simply by spending more diverse and instructive time supervising them during the permitting process.

Car accidents kill more teenagers each year than suicide, homicide and cancer. The AAA Foundation reports that in 2008, more than 800,000 drivers aged 15 to 18 were involved in car accidents which claimed the lives of 3,431 vehicle occupants and injured 350,000.

Recently the AAA Foundation undertook a year-long in-depth study of supervised driving and found that student drivers were not getting enough practice driving at night, in bad weather, or in heavy-traffic conditions on city roads, highways or interstates. Nor was there enough dialogue between parent and child regarding defensive driving or navigating safely through unexpected driving situations.

One key element to cultivating good driving skills in your teen is being a good example, AAA Massachusetts reports. To help parents and teens make the most of their shared time behind the wheel, the State of Illinois produced a parent-teen driving guide that provides instructive tips for a few common and more complex driving skills teen need to master. They include:

BACKING UP:

~ Before putting the vehicle in reverse, check all around the vehicle for pedestrians, other cars or objects (like mailboxes). Physically turn your body, don’t just rely upon side- and rear-view mirrors.

~ Backing up is a “walking speed” activity. It’s easy to get disoriented with the mechanics of moving in reverse, so you want to tackle the process at a low rate of speed. Keep your foot lightly hovering over the brake pedal and remember that tiny steering corrections can have a big impact in the direction of your vehicle. Turn the wheel gently, slowly and thoughtfully.

ESTABLISHING RIGHT OF WAY:

~ Working emergency vehicle ALWAYS have the right-of-way in any traffic situation and most states have some form of “move over” law on the books that requires drivers to slow down and change lanes when approaching an emergency vehicle or if one is coming up from behind.

~ If another driver isn’t obeying right-of-way “chain of command” – don’t resist or obstruct them. Let them proceed to avoid and accident or prevent a road-rage incident.

~ When making a left turn, oncoming traffic has the right-of-way. Just because you have a green light, does not mean it is safe to proceed. Before you move, check traffic and road conditions to make sure you have a clear path where you are heading and a safe entry zone.
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October 23, 2010

Boston car accidents, pedestrian accidents, slip and fall accidents a Halloween danger

by Jeffrey S. Glassman

The ghosts and goblins could be the least of your worries this Halloween: It is your risk of a Massachusetts car accident, pedestrian accident or accident on someone’s property that could be your biggest concern.

The National Highway Traffic Safety Administration reports that 500 people a year on average are killed in traffic accidents during the week of Halloween, making it among the deadliest weeks on the road. And, while night is always a dangerous time for driving, Halloween night consistently ranks among the nation’s deadliest.

About half of all fatal accidents involve a drunk driver. Consequently, law enforcement nationwide will be participating in an “Over the Limit. Under Arrest” campaign from Oct. 25-31.

If those were your only risks, that would be bad enough. However, the American Academy of Orthopedic Surgeons reports that Halloween is among the busiest holidays for hospital emergency rooms, with children ages 10 to 14 being the most frequent victims. Boston slip and fall accidents and dog bite injuries in Massachusetts are just a few of the other dangers of Halloween.

The town of Yarmouth offers the following safety tips:

-Wear bright, reflective costumes. Wear shoes that fit and make sure costumes fit properly and do not present a tripping or fire hazard.

-Consider adding reflective tape to your clothing to make yourself more visible.

-Secure emergency identification on children.

-Use safe makeup and make sure masks do not block eyesight.

-Use flame resistant costumes.

-Think twice before using knives or swords and make sure such props are soft and flexible.

-Use flashlights.

-Use lightsticks or other nonflammables in and around costumes.

-Teach children their home phone number and how to call 911.

-Review stop-drop-roll with children should their clothing catch on fire.

-Take the time to eliminate tripping hazards on your walkway and property.
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October 19, 2010

Lynn scaffolding accident sends two to hospital; falls a frequent cause of Massachusetts work accidents

by Jeffrey S. Glassman

A Massachusetts work accident injured two men who fell three stories after scaffolding collpsed in Lynn, the Boston Globe reported.

Our Massachusetts workers’ compensation lawyers are frequently called to represent employees who have been injured in work accidents caused by falls. Falls from ladders, falls involving scaffolding and slip and fall accidents at work are among the most common caused of Massachusetts work accidents.

The U.S. Bureau of Labor Statistics reports that 617 employees were killed in work accidents resulting from falls in 2009, accounting for about 1 in 7 fatal work accidents. Massachusetts work accidents involving falls killed 11 employees last year.

Total number of fatal Massachusetts work accidents: 59
Transportation Accidents: 20
Assault or violence: 9
Contact with equipment: 12
Falls: 11
Harmful exposure: 7
In this case, the Lynn, Massachusetts scaffolding accident happened shortly before 10 a.m. Monday on Blossom Street, where fire officials report several employees appeared to be working on gutters. The employees fell three stories and were transported to Massachusetts General Hospital.

The cause of the accident is under investigation.
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October 18, 2010

Traumatic brain injury often undiagnosed – common causes include Boston car accidents, sporting accidents, fall accidents

by Jeffrey S. Glassman

The USA Today is reporting that the government has devised a simple blood test that could diagnose cases of mild traumatic brain injury, including concussions.

Traumatic brain injuries affect more than a million victims a year and commonly result from slip and fall accidents, sporting accidents and car accidents in Massachusetts. Left undiagnosed, or untreated, life-threatening health complications can develop.

The test was developed for the army for use with veterans of the War on Terror; the breakthrough could assist with everything from car accident victims to shaken baby syndrome. The National Brain Injury Association reports that about 1.4 million Americans will suffer a brain injury this year.

The Centers for Disease Control and Prevention reports that more than 275,000 people will be hospitalized each year and more than 50,000 will die. The most common causes of TBI are falls (35.2 percent), traffic accidents (17.3 percent), struck by/against object (16.5 percent) and assault (10 percent).

About 70 percent of the nation’s brain injury cases are categorized as mild. Such cases frequently go undiagnosed and those who suffer often report symptoms that last more than a year.

Symptoms of mild TBI, including concussions:

-Fatigue -Headaches -Visual problems -Loss of memory -Poor concentration/attention -Sleep problems -Balance problems -Emotional distress -Depression -Seizures -Nausea -Change in senses/loss of smell -Mood changes -Confusion Continue reading

October 14, 2010

Walk to School Month campaign could reduce Boston pedestrian accidents

by Jeffrey S. Glassman

A $500,000 grant is paving the way for Scituate and Hatherly Elementary School to join the more than 225 schools in Massachusetts that participate in the Safe Routes to School program. The program, first implemented in Massachusetts in 2001, is designed to improve sidewalks, crosswalks and roadways while encouraging a safe and healthy – walkable – alternative to bus or car commuting to school for students and families, the Gov Monitor reports.

In 2009, My Fox Boston reported that Boston was one of a handful of start-up communities to embrace the “walking school bus” concept early on. In one Wakefield community, the Safe Route to School program now includes about three dozen schoolchildren and parents who make the half-mile trek back and forth to school each day.

Our Boston pedestrian accident lawyers support this program and its tri-fold agenda of promoting exercise, environmentalism and teaching students about traffic safety. According to the National Center for Safe Routes to School, October has been deemed International Walk to School Month. Over the last 13 years, 40 countries have joined the effort with 3,300 schools in the U.S. now participating. Currently, more than 4,500 schools in the U.S. have been awarded $612 million toward Safe Routes to School projects since 2005.

Locally, this Walk Boston link provides a host of resources, safety tips and a calendar of walkable events throughout Boston. For parents, teachers or school administrators interested in implementing a Safe Routes to School program in their community, or embedding safe walking tips and precautions into lesson plans or home practice, the Pedestrian and Bicycle Information Center has produced this handbook as a guide and reference tool.
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October 13, 2010

Boston apartment fire that kills two, displaces more than 20, highlights premise liability issues

by Jeffrey S. Glassman

A spate of recent accidents has led our Boston personal injury lawyers to report on a series of fires and carbon monoxide poisoning incidents on our Boston Personal Injury Attorney blog. Again this weekend, a four-alarm fire at a 15-unit apartment complex in Lowell claimed the lives of two residents and displaced at least 20 more, the Boston Herald reports.

It is believed that a power strip is to blame for the fire which began around 4 a.m. on Sunday. The blaze has been deemed an accident by fire officials. While apartment fires occur about as frequently as they do in private homes, the New York City Fire Department notes there is a greater risk of fire, heat and smoke quickly spreading to reach other units in multi-family dwellings. According to the NYCFD, regardless as to whether you are a homeowner or apartment tenant, fire safety begins at home. They offer the following safety tips and precautions for apartment dwellers:

~ Most modern apartments are constructed with at least one internal “primary” entrance and exit to individual apartments and at least one internal or external “secondary” entrance and exit to the building. In both locations, the doors should be fireproof and self-closing. Tenants should be able to open both doors internally without keys via a thumb-turning bolt.

~ In addition to doorways, tenants should be aware of conditions of stairways, fire towers and fire escapes. Landlords should maintain fire sprinklers and fire extinguishers and tenants should know where to find them and how to use them.

~ Tenants should be able to find their way out in the darkness through multiple exits and be familiar with stairwell conditions. Doorways and stairwells should be clear of debris and other items (like bicycles or grills). Never use an elevator to exit a building that is on fire.

~ For protection and because it is the law, many windows are equipped with either a window security gate or a child safety window guard. While these items are meant for protection, in the event of a fire they can become a lethal hazard. For those with security gates, each family member should be able to operate the release devices. For families with child safety guards, do not install them on a window designated as a fire escape. Also, keeping all windows free of clutter – plants, wall-unit air conditioners, and decorative items – can be a life saver.
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October 11, 2010

Distracted driving laws aim to prevent Massachusetts truck and bus accidents, traffic accidents by employees on the job

by Jeffrey S. Glassman

In an effort to reduce Boston trucking accidents and accidents nationwide involving trucks, buses, and trains, the federal government announced new rules governing commercial drivers as part of the second annual Distracted Driving Summit in Washington, D.C.

Our Massachusetts injury lawyers frequently report on the dangers of accidents involving large trucks — motorists don’t stand a chance in an accident with a large commercial semi, which typically weights 20 times more than a passenger vehicle. The dangers are just as obvious when it comes to Massachusetts bus accidents, where drivers are responsible for the safety of dozens of passengers and other motorists on the road.

Last year’s summit culminated with an announcement by President Obama that all federal employees driving federal vehicles would be prohibited from text messaging while driving. A text messaging ban for commercial truck and bus drivers was also planned and had been implemented when this year’s summit convened last month in Washington.

However, authorities extended the ban to include train operators and drivers of in-state trucks hauling hazardous materials, which had been inadvertently omitted from last year’s measure.

Additionally, the government announced results of a pilot plan to ticket drivers violating cell phone laws and another program that encourages employers to implement plans to encourage employees not to use cell phones or text message while driving.

“We are taking action on a number of fronts to address the epidemic of distracted driving in America,” said U.S. Transportation Secretary Ray LaHood. “With the help of the experts, policymakers, and safety advocates we’ve assembled here, we are going to do everything we can to put an end to distracted driving and save lives.”

The program “Phone in One Hand, Ticket in the Other” was modeled after seat belt enforcement programs like “Click it or Ticket.” The campaign targeted Hartford, Connecticut and Syracuse, New York, both towns where hand-held cell p[hones are illegal. During two-week enforcement periods, both cities issued more than 4,000 tickets to drivers caught talking or texting on cell phones. Subsequent observations and surveys found that hand-held cell phone use dropped by 38 to 56 percent, while text messaging by drivers dropped by 42 to 68 percent.

“Good laws are important, but we know from past efforts to curb drunk driving and promote seatbelts that enforcement is the key,” said LaHood. “Our pilot programs in Syracuse and Hartford are critical pieces of our overall effort to get people to realize distracted driving is dangerous and wrong. I want to commend the police in Hartford and Syracuse for their excellent work keeping our roads safe and serving as a model for other communities.”

Meanwhile, the Network of Employer for Traffic Safety has enrolled almost 1,600 U.S. companies, which have adopted distracted driving policies covering 10.5 million employees. Another 550 organizations and 1.5 million employees are expected to enroll within the next 12 months.

“I am thrilled that businesses across the country are making anti-distracted driving policies an integral part of their employee culture,” said LaHood. “President Obama led by example last year by banning four million federal workers from texting behind the wheel. Employers across America are doing the same to help us set an example and keep our roads safe.”
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October 8, 2010

Productivity figures show workers doing more with less; increased risk of Massachusetts work accident the likely result

by Jeffrey S. Glassman

Record gains in multifactor productivity mean American workers are doing more with less — a work environment that often increases the risk of a serious or fatal Boston work accident.

The Bureau of Labor Statistics reports multifactor productivity increased by .7 percent in 2009, the fastest rate of growth in five years. Multifactor productivity measures the change in output versus combined input of labor and capital. In other words, employers are getting more out of workers, for less expense, than at anytime since 2005.

In fact, both capital improvements and labor input experienced the largest decline since reporting began in 1987. The associated increase comes from the fact that remaining employees did more with less than ever before.

Of course, it is no secret that employers have cut staff and are delaying capital improvements until an economic recovery is certain. Nor should it comes as a surprise that when investment in plant and equipment is delayed in a work environment where employees fear the threat of layoffs or downsizing, the risk of a Massachusetts work accident increases even as employees feel more pressure to let small accidents go unreported.

When an employee is injured on the job, consulting a Massachusetts workers’ compensation lawyer is the best option. Rules are in place to prevent an employer from retaliating against an injured worker. And failing to report a work accident can prevent you from making a claim in the event that your injury becomes more serious months, or even years later. The tragic irony is that properly reporting a work accident, and seeking access to a qualified attorney, can actually increase your job security while recovering from an injury. Tragically, workers who fear losing their job often choose keeping their mouth shut and their head down and thus lose the ability to protect themselves and their families from economic loss associated with a work accident.
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October 6, 2010

Traffic accidents leading cause of Massachusetts workers’ compensation claims

by Jeffrey S. Glassman

This week (Oct. 4-8) is Drive Safely Work Week as employers are encouraged to take steps to reduce the risk of car accidents on the job, Trucking Info reports.

Traffic accidents are a leading cause of Massachusetts work accidents and accidents on the job nationwide. Those injured in a traffic accident while on the job are best served by consulting a Massachusetts workers’ compensation lawyer who has extensive experience in handling personal injury and wrongful death cases involving traffic accidents.

Transportation accidents were the leading cause of fatal work accidents in 2009; a total of 1,682 of the nation’s 4,340 work-related deaths were caused by transportation accidents, according to the Bureau of Labor Statistics.

Drive Safety Work Week involves a push for businesses to establish corporate cell phone policies to restrict or ban the use of cell phones while driving. The effort involves encouraging businesses to designate time to emphasize safe driving messages and promote call-blocking technology and other forms of prevention, like encouraging employees to use mass transit.

“Businesses across the United States are recognizing the impact of this problem on their employees and are beginning to adopt anti-distracted driving policies,” U.S. Transportation Secretary Ray LaHood said. “The materials in this kit are designed to help advance your company’s efforts against distracted driving.”

Here are campaign tools for employers and employees to help prevent distracted driving in Massachusetts.
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