Boston Personal Injury Attorney Blog

September 7, 2010

MBTA accidents can involve premise liability, negligent security

In late August, a passenger on the MBTA Green Line D-line train was reported to have briefly come aboard with a snake around his neck, causing a nine-minute stoppage in service. Less than a week later, a 16-year-old Roxbury teen was arrested after his probation office identified him as the suspect in a stabbing on the MBTA Route 23 bus, the Boston Herald reports.

Boston injury attorneys with Jeffrey Glassman Injury Lawyers, LLC, bring more than 18 years experience in Massachusetts personal injury matters. We understand that providing a safe environment for guests and employees is a primary concern for any business owner. Our team knows that in cases where security is questionably sufficient, a negligent security claim may be filed against a property or business owner when a victim is injured by a third party in a preventable situation.

A fire and an escalator accident were also recently reported on MBTA property, leading to renewed questions about the system’s security.

The alleged suspect in the Route 23 incident was captured in several frames by MBTA cameras. He is accused of stabbing a 47-year-old fellow rider multiple times in the arm, leg and abdomen as the bus left Ruggles Station after the pair exchanged words. After the incident, the victim was transported to Brigham and Women’s Hospital. Meanwhile, authorities turned to the social networking website, Twitter, to enlist the public’s help while searching for the juvenile.
Continue reading

September 6, 2010

Massachusetts work accident kills teen grounds keeper at local golf course

by Jeffrey S. Glassman

An 18-year-old college student drown while cutting grass at an area golf course over the weekend, the Boston Globe reported.

The Lakeville youth was riding a mower at the Back Nine Club when he apparently drove into a water hazard, according to the Plymouth District Attorney’s Office. He was trapped beneath the mower in about five feet of water.

A Massachusetts workers’ compensation lawyer or Boston wrongful death attorney should always be contacted when a loved one is injured or killed on the job. In this case, a premise liability or defective product claim may be filed depending on the outcome of the investigation.

It took 20 minutes to get him out of the water and he was taken to Morton Hospital and Medical Center in Taunton, where he was pronounced dead. An autopsy will be performed to determine cause of death, which appears to be accidental drowning.

The young man was a three-sport athlete at Apponequet Regional Highs School in Lakeville, as we as a member of the National Honor Society. He had enrolled at the University of Massachusetts Amherst.

The golf course owner said the victim had worked as a grounds crew member for several years, and called the incident “terrible and tragic.”
Continue reading

September 5, 2010

Appropriate insurance coverage for college students critical in even of a Massachusetts personal injury claim

by Jeffrey S. Glassman

Colleges and universities have a responsibility to keep campuses and dormitories safe for students, staff and visitors, but families also have a responsibility to protect their college-bound kids from personal liability as well.

With the Labor Day holiday over, students all over Massachusetts are packing up their cars and heading to school. According to a recent article in the Herald News, now is a good time for families to review their homeowner and auto insurance policies to make sure the kids, their stuff and their cars, are appropriately covered.

Our Boston personal injury attorneys realize that students and their families unknowingly can leave themselves at risk for personal injury liability. Unsafe dorm room conditions, a car accident, even engagement in “non-business pursuits” – like a pickup game of Frisbee-golf on the campus green space – all can leave families vulnerable to claims for property damage, even negligence, if insurance coverage doesn’t match an away-from-home student’s needs.

With that said, restrictions, standard limits and special requirements associated with individual homeowner insurance policies geared toward families with students away at school can fail to meet coverage needs. For students who have a higher-dollar property value associated with their dorm room or college apartment, investigating additional renter’s insurance can close their exposure gap.

Boston personal injury attorneys at Jeffrey Glassman Injury Lawyers, LLC, have more than 18 years experience handling personal injury and auto accident claims. Our team understands how difficult it can be to deal with the physical, emotional and financial devastation that often accompanies being injured in a Massachusetts car accident or injury incident caused by someone else’s negligence.
Continue reading

September 2, 2010

Pet owners use caution to prevent Massachusetts car accidents caused by distracted driving

by Jeffrey S. Glassman

Riding with a pet in the car is just another distraction that can lead to a serious or fatal Massachusetts car accident, according to a recent report in the Chicago Tribune.

Studies suggest it is an increasing danger as dog ownership — and particularly the popularity of small lap dogs — continues to increase. The Humane Society of the United States reports that dogs are now in about 40 percent of all U.S. homes.

While the government has waged all-out war on text messaging and cell phone use by drivers, the distraction of a dog in the vehicle can be just as dangerous. A recent AAA survey found that two-thirds of dog owners frequently pet their dogs while driving — some even feed or water their pooch while driving down the road.

“As about 40 percent of Americans own dogs, we see this as an increasingly big problem,” said Beth Mosher, spokeswoman for AAA.

An 80-pound dog exerts more than a ton of force (2,400 pounds) in the event of an accident. And an unrestrained dog is frequently killed in a traffic collision. Just this week, the Taunton Daily Gazette reported on the case of a woman who was critically injured in a car accident. Her Pomeranian named Molly did not survive.

Another significant issue is the fact that dogs can become extremely territorial inside a wrecked vehicle, making it difficult or impossible for emergency crews to render aide. Officers on the scene have had to kill dogs so that rescue workers could tend to injured passengers inside a vehicle.

The recent survey conducted by AAA and Kurgo, a pet-restraint systems manufacturer, found that 55 percent of all pet owners ride with their pets in the vehicle. Twenty-one percent admit to riding with their pets in their lap. Seven percent acknowledge providing their dog with food or water while driving and 5 percent let a dog sit in their lap while behind the wheel.

The National Highway Traffic Safety Administration reports that it takes only two seconds of distraction to cause a serious or fatal car accident.
Continue reading

August 30, 2010

Boston scooter accident kills emergency room physician

by Jeffrey S. Glassman

A local emergency room physician died Friday in a Boston scooter accident, prompting renewed debate over scooter safety in the city, the Boston Herald reported.

Scooters are too often bought or rented as a fun diversion. And they are frequently seen as harmless toys by riders and motorists alike. In fact, they are as dangerous as motorcycles. And statistics show that riders are 18 times more likely to be killed in a Massachusetts motorcycle accident than as a motorist in a passenger car.

“Motor scooters when ridden in the confines of the law are very safe, but people need to be aware of the conditions around them,” John Paul, a manager of traffic safety for AAA, told the Herald. “People need to drive defensively – which is probably an understatement. You have to be as aware as possible. You have to be as aware as you can be of everything around you, just like you do in any vehicle.”

On Friday, a 50-year-old Brigham and Women’s Hospital emergency room doctor and father of three was struck and killed while riding a Zeco scooter on Beacon Street. The accident remains under investigation and no charges have been filed.

While the little bikes can be handy for zipping through traffic, they can also be deadly in the event of an accident. Still, their popularity has skyrocketed in recent years.

Scooter riders should ride defensively, watch for opening car doors, parked cars and driver’s blind spots. Motorists should remain cautious around the scooters and treat them as you would a pedestrian because they are just as vulnerable.
Continue reading

August 27, 2010

“Legitimate” hand-held radios still increase risk of MBTA bus and subway accidents in Boston

by Jeffrey S. Glassman

The Massachusetts Bay Transportation Authority has resorted to using bright reflective logos on approve handsets to distinguish between employees using a radio for legitimate work purposes and those violating the T’s ban on cell phone use by drivers, the Boston Herald reported.

Officials hope the move will further reduce the risk of a Boston subway accident or bus accident caused by a distracted driver. With or without the law, a mass transit driver’s obligation is to the safety of passengers. When an accident is caused by speeding, distracted driving or other negligence, serious and fatal injuries frequently result. Such cases usually involve multiple accident victims and should always be handled by an experienced Massachusetts injury lawyer.

Some confusion has reportedly arisen when riders spot bus drivers and subway operators using the black hand-held radios utilized by the transit system. By putting the bright stickers on the radios, they apparently hope to ease the minds of commuters.

The MBTA banned employees from carrying cell phones after a trolley accident in May 2009. The crash was blamed on an operator texting his girlfriend. Since enacting the rule, about a dozen employees have been fired and 10 others have been disciplined.

We question how using “approved” handsets can be safer. Certainly, employees will not be making personal calls on company time. But whether they are personal or business calls, the use of a hand-held device still constitutes a significant driver distraction. I guess accident victims can take heart in the fact that the next crash was caused by an operator using an approved radio as part of his job!

The stickers were put into use after nearly 150 commuter tips of operators violating the cell phone policy; officials contend most of those cases involved workers who were using “legitimate radios.”
Continue reading

August 24, 2010

New employees should understand their rights in the event of a Massachusetts work accident

by Jeffrey S. Glassman

Employers in Massachusetts added jobs in July for the sixth straight month, outpacing much of the rest of the country, the Boston Globe reported.

Our Massachusetts workers’ compensation lawyers hope the economic recovery continues. Our concern through much of the downturn has been reductions in workforce that can include workplace safety personnel and a general reluctance on the part of employees to report work injuries in Massachusetts or to otherwise do anything that might jeopardize their employment. Laws are in place to protect workers against retaliation for reporting a work accident. Failure to report an accident can result in an inability to collect damages if your injury later becomes serious and involves lost work time or even a disability claim.

Speaking with an experienced work accident lawyer in Boston is always the best course of action to protect your rights and the financial well-being of you and your family.

As the economy recovers, it will be equally important that new workers receive the proper safety training and understand their rights to a safe workplace and to proper compensation in the event of a serious or fatal work accident. Like those clinging to jobs during the recession, new workers may be particularly reluctant to file a work accident claim when an injury arises in the course of their employment.

Again, properly documenting an injury is absolutely critical and laws are in place to prevent an employer from retaliating. Of course, those laws are often only enforceable when an employee asserts his or her rights by contacting an aggressive and experienced law firm.

Massachusetts added 13,000 jobs last month, following the 3,000 jobs the state added in June. The unemployment rate now stands at 9 percent. State employment has increased despite an overall loss in jobs in the nation as a whole during the last two months.

Nationally, jobless claims hit 500,000 last week for the first time since November, according to the U.S. Labor Department.

Massachusetts employment is rising at a rate of 4 percent so far this year, compared to 1 percent nationwide.
Continue reading

August 23, 2010

Speeding blamed for fatal Massachusetts car accident in Agawam

by Jeffrey S. Glassman

At least four people were injured in an Agawam, Massachusetts car accident on Sunday — authorities say speed was a factor in the crash, according to Massachusetts Live.

Massachusetts State Police report that the two-car accident happened on Suffield Street shortly before 4 p.m. on Sunday.

An 86-year-old Agawam man was seriously injured and taken to Baystate Medical Center in Springfield. The 20-year-old driver of the second car and two passengers were also transported to the hospital with injuries.

The preliminary investigation shows the 20-year-old driver may have been speeding north on Suffield Street when he collided with the other vehicle, according to Agawan police.

The National Highway Traffic Safety Administration reports that speeding is one of the leading causes of traffic accidents. Nationwide, about one-third of all traffic fatalities involve a speeding vehicle. In 2008, speed-related crashes claimed 11,674 lives.

The cost of speed-related crashes is astronomical. In 2000, the cost was estimated at more than $76,000 a day, or about $1,300 a second.

Like many poor driving habits, young drivers are especially susceptible. The government reports that more than one-third of male drivers ages 15 to 24 were speeding at the time of their involvement in a fatal accident.

In 2008, speed-related car accidents in Massachusetts were responsible for 97 of the state’s 363 traffic fatalities.
Continue reading

August 21, 2010

Massachusetts pedestrian accident involves police cruiser in Chelsea

by Jeffrey S. Glassman

A Massachusetts pedestrian accident has claimed the life of a 56-year-old man after he was struck and killed by a police cruiser in Chelsea, according to the Boston Globe.

The man was struck shortly after 11 p.m. by a police cruiser, which was a sports utility vehicle. The officer had been responding to a call to assist Everett police in a foot chase, according to the Suffolk District Attorney.

The accident is under investigation by Massachusetts State Police and authorities have not said how fast the cruiser was going at the time of the crash.

A Boston injury lawyers or wrongful death attorney can assist a family in investigating the cause of such accidents. Frequently, an independent investigation is a good idea in crashes in which law enforcement personnel are charged with investigating whether a police officer was at-fault in a fatal accident.

The officer, who has not been identified, was treated at Massachusetts General Hospital and released. He has been placed on paid administrative leave pending the outcome of the investigation, which is department policy.

The victim lived in a nearby apartment building. Neighbors say he lived alone and would often take bus rides around the city as a way of getting out of the house. They said he may have just gotten off a bus at the time of the accident.

Nationwide, 4,378 people were killed in pedestrian accidents and more than 69,000 were injured, according to the National Highway Traffic Safety Administration. Pedestrian accidents in Massachusetts claimed 75 lives that year.
Continue reading

August 20, 2010

Egg recall highlights dangers of food poisoning in Massachusetts; life-threatening illness possible for some patients

by Jeffrey S. Glassman

The size of the nation’s massive egg recall has tripled to 380 million eggs as hundreds of victims have been sickened by salmonella, CNN reports.

Massachusetts food poisoning cases can be very serious, even life threatening. As our Boston injury lawyers have reported, an estimated 325,000 people are hospitalized each year for food poisoning and 5,000 die as a result.

The Centers for Disease Control and Prevention reports that 76 million cases will be reported each year — affecting 1 in every 4 consumers. When a company’s negligence results in the serious injury or death of a consumer, a personal injury or wrongful death suit may result.

In the last three months, nearly 2,000 cases of Salmonella have been reported. The CDC reports that hundreds more have likely become ill from consuming tainted eggs. More cases are expected because the CDC does not yet have reports after July 17 because of the lag in data collection.

The Food and Drug Administration is calling it one of the largest egg recalls in history as Wright County Egg of Galt, Iowa has increased the size of the recall to 380 million eggs.

On July 9, the FDA announced new rules for large-scale egg producers, but by then the outbreak had already started. Like the deadly peanut butter recall several years ago, it is again apparent that the multi-billion dollar federal agencies charged with protecting consumers cannot always be relied upon to do so.

Meanwhile, safety advocates contend that salmonella outbreaks are on the rise across the country. Symptoms generally begin within 12 to 72 hours and include diarrhea, fever and abdominal pain. Vomiting, headache and muscle pain may also occur. Elderly patients, infants and those with compromised immune symptoms are at increased risk of medical complications, which can be life threatening.
Continue reading