Boston Personal Injury Attorney Blog

October 3, 2010

Carbon Monoxide injuries can involve premise liability issues in Massachusetts

A Roxbury mother and her five children were transported Boston Medical Center after complaining of headaches, lightheadedness and dizziness, the Boston Globe reports.

A carbon monoxide detector installed in the Dudley Street apartment alerted the family to the presence of the invisible, odorless – and potentially deadly – gas. Firefighters found carbon monoxide levels at three times the threshold for residential environments. It is believed the leak began during the night and came from a faulty furnace.

With cooler weather on the horizon, Boston premises liability lawyers are reminding homeowners and landlords that now is the time to check fuel-burning household equipment, ventilation systems and test carbon monoxide detectors. Most serious and fatal cases of carbon monoxide poisoning happen during the winter season, when fuel-burning heating equipment is used with more frequency, snow can block exterior ventilation pipes and cars are left to warm in enclosed garages.

A Boston premise liability case may be filed against landlords, business owners or property owners who fail to properly maintain furnaces and other safety equipment.

The Center for Disease Control reports that 400 Americans die each year from accidental CO poisoning with fatality highest among those 65 and older. Each year, 20,000 people are sent to the emergency room and 4,000 hospitalized due to carbon monoxide intoxication. Those most susceptible to CO poisoning are the very young, the very old and anyone with a heart condition or respiratory problems.

Symptoms of this “silent killer” include nausea, confusion and dizziness, but can be difficult to detect and impossible for sleeping or intoxicated victims to sense. If not treated immediately, CO intoxication can cause permanent brain damage and even death. For those exposed, seeking immediate fresh air can be a life saver.

Particularly now with the winter season approaching, landlords and rental property owners have an obligation to properly maintain household heating equipment and provide a safe environment for renters and their families. If they don’t, a landlord can and should be held responsible if their negligence leads to serious injury or death.
Continue reading

September 30, 2010

Shelburne Falls fatal motorcycle accident highlights highway hazards for Massachusetts bikers

by Jeffrey S. Glassman

A two-vehicle Shelburne Falls accident involving a 2005 Ford Freestyle and a Harley-Davidson motorcycle claimed the life of a 60-year-old motorcyclist, The Republican reports.

The Ford Freestyle was struck after turning left onto Route 2 and crossing the path of the Harley, which then hit the vehicle. Boston motorcycle accident attorneys know that as the interest in and ownership of motorcycles continues to tick upward, so has the number of motorcyclists killed and injured each year in traffic accidents continued to climb.

According to the National Highway Traffic Safety Administration, in 2008, almost 5,300 motorcyclists were killed and 96,000 motorcyclists were injured in traffic accidents nationwide, revealing a decade-long upward trend in both fatal and injury-causing motorcycle accidents. In Massachusetts, 41 motorcyclists died in crashes in 2008. Among the most common accident circumstances – representing 41 percent of fatal accidents involving a motorcycle and motor vehicle – the other vehicle was turning left at the time of the crash. In 2008, left-turn crashes claimed the lives of 985 motorcyclists.

The NHTSA reports that because of their open construction 80 percent of motorcycle-involved traffic accidents result in injury or death. To address this grim statistic, the NHTSA recommends a handful of suggestions to help motorcycles stay safe and uninjured:

~ Obtain proper state licensing and complete a rider-safety training course before taking a motorcycle on the road.

~ Make sure the bike fits the skill, experience and ability of the rider. In this case, size matters!

~ Because motorcycles lack basic structural protection, motorcyclists should always wear protective gear – gloves, goggles, a helmet and boots – that offer additional protection in the event of an accident.

~ Because of their more supple maneuverability, weather conditions can create more hazards for motorcyclists than for other motor vehicles. Before getting on the bike, scan the radar. Be aware of the local weather forecast and road conditions.

~ Perhaps most important: motorcyclists need to ride defensively and ride thinking they are invisible to other motor vehicles. Never ride in a car driver’s blind spot.
Continue reading

September 26, 2010

New study ranks Top 200 most dangerous intersections for Massachusetts drivers

by Jeffrey S. Glassman

Our Massachusetts car accident attorneys know that more than 34,000 people died in fatal car accidents across the U.S. in 2008. According to the National Highway Traffic Safety Administration, 8,461 were killed – or roughly 25 percent – in fatal car accidents occurring at or near intersections. That same year, there were 338 fatal Massachusetts car accidents, with 72 – or a little more than 20 percent of them – intersection-related.

For one Lowell family, such statistics hit home, the Boston Globe reports. On Sat., Sept. 11 a 31-year-old law enforcement officer and father of two was struck and killed while riding his Harley Davidson through the intersection of Princeton Blvd. and Foster Street. The driver, who witness say had glassy, bloodshot eyes and spoke with slurred speech, was driving with two passengers, both of whom were intoxicated.

MassDOT Highway Division’s Top Ten crash intersection locations:
1. Fall River (Plymouth Ave. & Rodman St.): total crashes – 155, injury crashes – 31
2. Lowell (VFW Hwy. & Varnum Ave.): total crashes – 127, injury crashes – 31 3. Westfield (North Elm St. & Pochassic St.): total crashes – 130, injury crashes – 30 4. Lowell (Middlesex St. & Wood St.): total crashes – 132, injury crashes – 28
5. Boston (Massachusetts Ave. & Melnea Cass Blvd.): total crashes – 107, injury crashes – 31, fatal crashes – 1
6. Lowell (Bridge St. & VFW Hwy.): total crashes – 111, injury crashes – 32 7. Raynham (Rt. 44 & Orchard St.): total crashes – 94, injury crashes – 34
8. Worchester (Highland St./Lincoln Square & Main St.): total crashes – 124, injury crashes – 26
9. Brockton (Pleasant St. & West St.): total crashes – 95, injury crashes – 30 10-1. Quincy (Hon. Thomas E. Burgin Pkwy. & Granite St.): total crashes – 111, injury crashes – 25
10-2. Lowell (Church St. & Appleton St.): total crashes – 99, injury crashes – 28
In some cases, where a state or local government fails to correct issues at a dangerous intersection, a lawsuit may be brought against the government entity responsible for its maintenance and upkeep. Many times, just knowing where the dangers lie can be enough to help a motorist avoid a serious or fatal crash, either by choosing alternative routes to avoid the intersection, or by using extra caution.
Continue reading

September 24, 2010

A legacy of code violations, safety concerns and hazards haunt 150 abandoned East Boston warehouses

by Jeffrey S. Glassman

Boston premises liability lawyers are closely monitoring a citywide crackdown on unsafe buildings in East Boston after a weekend Howard Street warehouse blaze in late August affirmed ongoing concerns long voiced by city official. Fortunately, the Boston Globe reported, none of the 170 responding firefighters nor innocent civilians were injured or killed by the blaze, a 9-alarm fire believed to be one of the biggest in Boston history. For many, the fire is eerily reminiscent of the Worchester warehouse fire that killed six firefighters in 1999.

In the wake of the fire, which is now known to have been started by illegal tenants shooting fireworks into a nearby warehouse, the Boston Herald reports that Mayor Thomas Menino created a taskforce dedicated to putting pressure on the owners of 147 East Boston buildings in question. The goal, to force landlords and property owners to bring their holdings up to code and correct a host of other safety concerns and violations. In addition, the team will investigate ways to streamline the process allowing the City to take over abandoned properties.

Following the Mayor’s announcement, a second Herald article reported that the landlord of the burned Roxbury warehouse – who, according to public records, owns a $620,000 home in New Hampshire – claims he’s broke. He insists he lacks the resources to address the growing list of violations and hazards associated with the property and has openly refused to fix code violations. He currently owes the City nearly $200,000 in back taxes.

Too often abandoned properties become a danger. To curious neighbor kids, they can be irresistible. The homeless may take up residence and create their own dangers. Passersby may be at risk because of broken sidewalks or falling debris. And the dangers can pose a risk to police or rescue personnel who must respond to them in the event of an emergency. Owners have an obligation to keep such properties free of hazards. When they don’t, and someone is seriously injured or killed, a property owner can and should be held responsible.
Continue reading

September 22, 2010

Boston pedestrian accidents illustrate dangers for teens and older adults

by Jeffrey S. Glassman

A 14-year-old boy was struck after missing his bus early Sept. 16 and a 68-year-old woman was seriously injured after being hit by a female driving a Jeep Wrangler along Upper County Road shortly before 9:30 a.m. on Sept. 21. The Cape Cod Times reports the woman sustained serious injuries and was transported by MedFlight to a Boston-area hospital for treatment.

The Boston Herald reports that the young man was transported to University of Massachusetts Memorial Medical Center for evaluation after being struck by the mirror of a passing car near the intersection of Rt. 12 and Dana Road.

As our Massachusetts pedestrian & bicycle accident lawyers reported in an earlier post to our Boston Personal Injury Attorney blog, nearly 25 percent of all traffic-related fatalities in Massachusetts involved pedestrians. In 2008, out of 363 fatalities involving Massachusetts car accidents, 75 victims were pedestrians. According to the National Highway Traffic Safety Administration, a pedestrian is injured every eight minutes and one is killed every three hours on the nation’s roads.

Other key findings from 2008 NHTSA pedestrian fatality and injury statistics:

~ More than two-thirds of pedestrian-related traffic fatalities involve men.

~ Almost half of all pedestrian fatalities happen on weekends and more pedestrians are killed on a Saturday than any other day of the week.

~ Most pedestrian fatalities involving children aged 16 and younger happen between 3- 7 p.m.

~ Older Americans (65 and over) make up 13 percent of the U.S. population and represent 18 percent of all pedestrian-related traffic fatalities.

~ Children aged 14 and younger make up one-fifth of all traffic fatalities involving pedestrians.

~ More than 60 percent of pedestrian fatalities involving older Americans and 76 percent of pedestrian fatalities involving children aged 14 and under occurred at non-intersections.

~ Nationwide, in 2008, 316 pedestrians killed were children aged 15 and younger, and 15,000 children in the age group were injured during pedestrian-related traffic accidents.
Continue reading

September 19, 2010

Many ways for children to be injured in Massachusetts car accidents

by Jeffrey S. Glassman

As part of National Child Passenger Safety Week (Sept. 19 to 25), the National Highway Traffic Safety Administration is working with parents to help warn children of the dangers in and around vehicles.

While a primary focus is on car seat safety, there are a number of other ways a child can be seriously injured or killed in a Massachusetts car accident, including backover accidents, kids left in hot vehicles, seat belt entanglement, power window accidents, vehicle rollaways and trunk entrapments.

As we reported on our Boston Personal Injury Attorney Blog, a properly fitted car seat is critical to child safety. But many other types of accidents are easily preventable with some safety training and common sense.

Children and hot vehicles

Even with cool temperatures in the 60s outside, the temperature inside a car can rise 20 degrees in 10 minutes and often exceeds 110 degrees Fahrenheit. Children can quickly become incapacitated and die inside a hot car. Sometimes they are tragically left inside by a parent or caregiver. Other times, they may find their way into a vehicle and be unable to get out.

San Francisco State University reports there have been 43 deaths as a result of children left in hot cars so far in 2010, up sharply from the 33 who died during all of 2009. Almost 500 have died in the last two decades.

-Never leave a child unattended.
-Teach children that vehicles are not a play area.
-Never leave children or infants in an unattended vehicle, even with the windows down.
-Make a habit of looking in the front and back of a vehicle before leaving.

Other tips and information about children left in vehicles is available here.

Backover Accidents

These accidents frequently occur as a car is backing out of a driveway or parking space.

-Teach children not to play around cars.
-Supervise children at all times when around a vehicle.
-Always check the area and walk around your vehicle before backing up.
-Teach children to move away from a vehicle whenever a driver gets in it.

More tips on avoiding backover accidents are available here.
Continue reading

September 17, 2010

Deadly Massachusetts car accident along I-495 corridor highlights need for road improvement

by Jeffrey S. Glassman

It was just after 9 a.m. Friday morning when a 2006 Toyota Tacoma pickup truck crossed the median just south of Exit 5 on I-495 and struck a 2010 Mercedes-Benz SUV head-on. What caused the pickup to cross the grass divider is under investigation, and the 63-year-old driver died on scene. Both the driver and passenger of the Mercedes-Benz were transported to area hospitals where they remain in serious condition, according to Massachusetts State Police.

The fatal Massachusetts car accident occurred along a strip of I-495 known to be particularly dangerous for travelers. So deadly is this stretch of road that a multi-agency Road Safety Audit led to the approval of a $1.2 million cable-barrier project. The barrier is intended to separate the flow of north and southbound traffic and hopefully trim back the number of serious and fatal car accidents in the area. According to the Enterprise News, MassHighway began installing the 9-mile barrier between mile marker 6 and 15.1 earlier this year and the project is slated for completion in the spring.

In addition to field surveys and observations, the Road Safety Audit reviewed MassHighway crash data from 2004 through 2006 to further identify safety issues along the 19-mile I-495 corridor.

Findings from the Road Safety Audit determined:
~ 511 car accidents were reported.

~ 312 car accidents happened at or near interchange ramps.

~ About one-third of interchange-area car accidents resulted in serious injury or fatality.

~ 199 car accidents along this stretch of the I-495 corridor happened between the interchange areas.

~ Twenty-seven percent of car accidents between interchanges resulted in serious injury or fatality.

~ There were numerous crossover car accidents involving one or more cars crossing the center median into oncoming traffic.
Continue reading

September 14, 2010

Child Passenger Safety Week: Safety focus lessens danger of Boston car accidents

by Jeffrey S. Glassman

The National Highway Traffic Safety Administration is urging parents of children 8 years of age and younger to check their car seats and booster seats during Child Passenger Safety Week, which runs all next week from Sept. 19 to Sept. 25.

Our Massachusetts personal injury attorneys know the risks young children face in a serious or fatal car accident increase exponentially when they are not properly belted. The nationwide push culminates with National Seat Check Saturday on Sept. 25.

Here you will find a list of Massachusetts child seat inspection stations.

Here you can find information on the four ways to protect a child passenger: Rear-facing safety seat; forward-facing safety seat; booster safety seat; and seat belts.

The federal government reports that car accidents are the leading cause of death for children ages 3 to 14. In 2008, a total of 968 children were killed and 193,000 were seriously injured in car accidents nationwide. Massachusetts car accidents are significantly more dangerous for young children who are not properly fastened into a booster seat or other approved safety seat.

We recently reported on our Boston Personal Injury Attorney Blog that some booster seats fit some vehicles better than others. Having a correct fit for your vehicle can be as important as having a correct fit for your child.

You can visit the Insurance Institute for Highway Safety for a recent list of booster seats and their safety ratings. Of 72 seats tested, the agency gave its top rating to 21 seats for correctly fitting a full range of vehicles. While some seats really are better than others, companies have gotten better about working to ensure their products work safely with the widest possible range of vehicles.

“For the first time top-rated boosters outnumber ones the Institute doesn’t recommend,” says Anne McCartt, Institute senior vice president for research. “Now more than ever manufacturers are paying attention to belt fit, and it’s showing up in our ratings.”
Continue reading

September 12, 2010

Massachusetts personal injury claim may result from ill-fitting booster seats

by Jeffrey S. Glassman

MSNBC is reporting on the safety of car booster seats after a new ratings list was released by the Insurance Institute for Highway Safety.

Our Boston personal injury lawyers have written before about the need to ensure the safety of the products you are introducing into your home, especially where children are concerned. The Consumer Product Safety Commission issues hundreds of recalls each year involving products marketed for children. In many cases, when a child or an adult is seriously injured or killed by a dangerous product, a Massachusetts defective product claim may be pursued.

Booster seats are a special case because the other half of the equation is the type of vehicle you own. In this case, the report looked at how well the seats mate with vehicles to keep children safe. The IIHS reviewed 72 models and assigned a “Best Bet” rating to the 21 booster seat that correctly fit a full-range of vehicles. Booster seats that don’t properly fit a vehicle’s seat belts can lead to serious injuries in the event of a crash.

“We’ve been rating booster seats for a full three years now and in this latest round we’ve found them to be a lot better than they used to be,” says Anne McCartt, senior vice president for research at the institute, which released the report Wednesday. “There are a lot more good choices for parents now with more boosters on our list of ‘Best Bets.”

Last year, only nine seats received the “Best Bet” rating.

The full-list of safety-rated booster seats is available here.
Continue reading

September 11, 2010

Claims of Massachusetts elder abuse and neglect climbing statewide as investigative resources fall behind

by Jeffrey S. Glassman

Across the state, there are just 179 case workers specifically assigned to investigating claims of elder abuse or neglect in Massachusetts. They represent 22 regional agencies that cover more than 450 nursing homes in 176 cities. By mid-year 2009 alone, Massachusetts case workers had investigated about 16,000 claims of elder abuse and neglect. But as complaints of abuse have continued to tick upward in recent years, resources to investigate them wear thin, the Herald News reports.

The experienced Boston nursing home neglect and abuse attorneys with Jeffrey Glassman Injury Lawyers understand that few among us are more vulnerable or voiceless than elderly residents of Massachusetts assisted-living or nursing home facilities. And, with about 13.6 percent of the more than 6.5 million Massachusetts residents over age 65, we recognize the decision to place a loved one in nursing home care is one almost all Massachusetts families face at some point in time.

Signs of elder abuse or neglect can be both overt and difficult to spot. But for elder adults in nursing home care, a slip and fall accident is among the most common signs of nursing home neglect. According to the CDC, about 1,800 people living in a nursing home die from falls each year.

While falling is often an indicator of other underlying health issues tied to mobility and cognitive decline, muscle weakness or medication related, between 16-27 percent of falls among residents are caused by environmental factors. Wet floors, improperly maintained equipment and poor lighting are just a few hazards that can contribute to a slip and fall.

And an astounding number of falls occur in nursing homes each year. In fact, the federal government reports that about 200 falls occur each year in the average 100-bed nursing facility. As many as three-quarters of all nursing home residents fall each year — twice the rate of falls within the outlying community.

Nursing homes have an obligation to prevent falls. Fall injuries are the leading cause of accidental death in older adults. Injuries frequently lead to a decline in mobility and quality of life from which some patients never recover.
Continue reading