Boston Personal Injury Attorney Blog

July 28, 2010

Boston escalator accident on MBTA property may also involve product liability claim

An 8-year-old tourist has been hospitalized after being seriously injured in a Boston escalator accident at a MBTA station, according to NECN.

Instead of heading to Maine for a family wedding the girl is at Massachusetts General Hospital for Children, where she is being treated for a serious foot injury that could result in amputation of her big toe.

The incident occurred after a family outing for dinner on Monday night. As they were taking the T back to their motel, Neil’s plastic Croc shoe got tangled in the escalator. The escalator reportedly kept churning even after the girl’s father and an attendant began pounding on the kill switch.

By the time the girl was freed, part of her foot was crushed.

Part of the blame could rest with the Croc shoes, which have been linked to serious escalator injuries for years. In such cases, a Massachusetts product liability claim may be filed to recover damages for an injury victim.

But that doesn’t answer questions about why the escalator kill switch failed. Last year, an elderly Boston woman strangled to death when the kill switch failed on a T escalator.

The MBTA’s words of wisdom? Parents should be “extra vigilant” when traveling with children. Sorry, but passengers are not required to use “extra vigilance” to protect themselves from poorly maintained escalators or other negligence conditions on MBTA’s property.

That is MBTA’s responsibility and the system can and should be held liable for the damages that result — both to compensate injured victims and to ensure that corrective action is taken that prevents a similar incident from occurring in the future.
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July 27, 2010

Study to determine ways to reduce risk of Massachusetts car accidents involving state troopers

by Jeffrey S. Glassman

The Massachusetts State Police superintendent announced a safety study will help determine ways to reduce the risk of serious injury or death resulting in Massachusetts car accidents involving state troopers.

As our Boston injury lawyers have been reporting both here and on our sister site, Boston Car Accident Lawyers Blog, one trooper was killed and four others have been injured in the last month in car accidents that resulted from being struck while conducting car stops at the side of the road.

Patrol Col. Marian McGovern was joined by representative of Mothers Against Drunk Driving and the Brain Injury Association of Massachusetts.

Nationwide, car accidents are responsible for more than half of all work injuries involving law enforcement.

“When we sign up for this job, we know that we will be working on the shoulder of busy highways, with cars speeding by, inches away,” McGovern said. “We accept this because it is necessary for the protection of the public we serve and the very essence of our core mission.”

About half of the 87 police officers who have been killed in the line of duty so far this year have died in motor vehicle crashes. In fact, car accidents are a leading cause of all Massachusetts work accidents, not just accidents involving law enforcement officers.

So far this year, 10 cruisers have been hit by drunk drivers. Last year, 20 cruisers were struck by impaired motorists.

The patrol will also conduct a lighting study to see if improvements can be made to a trooper’s visibility while at the side of the road. A decade ago, Ohio troopers switched the color of their cruisers from “asphalt gray” to “bright white” in an effort to make themselves more visible.
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July 24, 2010

Defective child products, baby cribs, a serious threat to the safety of Massachusetts toddlers

by Jeffrey S. Glassman

The U.S. Consumer Product Safety Commission has voted unanimously to approve new mandatory safety standards for full-size and non-full-size baby cribs.

But families who think the government is vigorously reviewing products marketed to children to ensure safety, or that companies that sell children’s products are especially vigilant, would be sadly mistaken on both counts. Hundreds of defective products in Massachusetts are recalled each year by the federal government — many of them marketed to children. And hundreds more are undoubtedly sold to consumers despite serious safety defects that go undetected or unreported. A Boston child injury lawyer should be consulted whenever a child is seriously injured or killed by a defective product.

As CNN reports, the new rules come nearly 13 years after a New York mother began advocating for stiffer safety measures as a result of losing an infant in a tragic crib accident.

The infant got his neck stuck between the side rail and the headboard after a screw came loose. The new rules will essentially ban the manufacture and sale of drop-side cribs. The rules will also require better mattress support, better wood and hardware, stronger construction, and testing that does not permit tightening of screws between tests.

The CPSC has reported that an average of a dozen children a year are dying in drop-side cribs.

Consumers have the right to expect products that they purchase and bring into their home are free from serious or fatal flaws. Unfortunately, companies frequently put profits before consumer safety. Tragically, companies that market products to children are among the biggest offenders. Eighty-seven child products, not counting toys, have been recalled by the federal government so far this year — including at least 12 cribs.

Another 20 toys have been recalled by the CPSC
Drop-side cribs have been a frequent offender and can present a strangulation, choking or fall hazard to infants.

Last week, 82,000 Pottery Barn Kids drop-side cribs were recalled.

In June, Beco recalled a million drop-side cribs.

Seven other cribs were recalled just in the month of June.

Here is the full list of recalled child products, including cribs, issued by the federal government in the last several years.
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July 24, 2010

Massachusetts workers’ compensation claims impacted by independent contractor classifications

by Jeffrey S. Glassman

FedEx Ground has agreed to a settlement of $3 million with the Massachusetts attorney general’s office over a dispute that alleged the company misclassified drivers as independent contractors, the Associated Press reported.

Our Massachusetts workers’ compensation attorneys continue to fight on behalf of misclassified employees who are injured in a work accident in Boston or elsewhere in Massachusetts.

The Massachusetts Attorney General’s Office claimed the company’s actions denied state payroll taxes, worker’s compensation and unemployment assistance contributions and said it gave the company an unfair competitive advantage.

FedEx Ground denied liability in the settlement and is still facing a lawsuit by drivers. Money from the settlement will go to the state’s general fund as well as to 13 drivers named in the complaint.

Being classified as a contract worker can prevent you from seeking workers’ compensation benefits from a company in the event that you are injured on the job and can also have serious tax consequences. Additionally, you may be unable to collect unemployment benefits in the event that you are terminated or laid off from your job. Companies are increasingly seeking to classify employees as contract labor in order to realize the associated tax savings and to limit their liability in the event of an accident.

Anyone who is injured on the job in Massachusetts should consult a work injury lawyer right away to ensure that their rights are protected.
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July 23, 2010

Massachusetts road defects can cause serious or fatal car accidents

by Jeffrey S. Glassman

The state has no plans to study a Watertown intersection, despite the concerns of neighbors who contend the intersection by the Charles River is poorly designed and increases the risk of car accidents.

Massachusetts Injury Lawyer Jeffrey S. Glassman and the staff at our law offices assist motorists in recovering damages as a result of serious or fatal traffic accidents throughout Massachusetts. Sometimes, a thorough investigation determines that authorities knew, or should have known, about a dangerous intersection or Massachusetts road defect and did nothing to prevent motorists from being seriously injured or killed. Poor design, missing or inoperable street lights or traffic control devices, overgrown vegetation, deteriorating roads, missing or poorly maintained guardrails and other dangers can increase the risk that a motorist will be involved in an accident.

In this case, the Boston Globe reports that neighbors are baffled about why nothing has ever been done to improve safety at the intersection of Grove Street and Greenough Boulevard.

One neighbor said numerous accidents occur at the intersection, which is equipped with one stop sign (often kicked sideways from being hit) and a concrete divider than has been reduced to ruble. An orange cone of no known significance sits atop the pile of ruble and has for some time.

One neighbor said the intersection is difficult to navigate, even for those familiar with it. She said some motorists go out of their way to avoid it altogether. She said many people would like to see a traffic light, or at least a blinking light and signs warning motorists of the upcoming intersection.

“Those of us who see these frequently-occurring accidents would like to know exactly why nothing has been done all these years,” said Gwen Romagnoli. “Certainly some traffic authorities somewhere, in some agency or other, are aware of the huge number of accidents that occur there.”

A Globe reporter found a “free-for-all” at the intersection, with cars “playing chicken” across three lanes of high-speed traffic. The intersection also includes a hairpin turn at the base of a hill and two median strips worn down to nubs.

A Watertown councilor said leaders have spent nearly a decade asking state officials to do something about the problem. More than 25 accidents have been reported there in the last several years.

The Department of Conservation and Recreation said there are currently no plans to improve the intersection. A spokeswoman said the agency is aware of the concerns but had no capital funding for repairs. There is also no plan to ask for funding for a study because the cost of the study would depend on the scope of the study, which has also not been determined.

This is a classic example of bureaucracy leading to the risk of a motorist being involved in a serious or fatal accident. Next thing you know, the state will be complaining about the high cost of personal injury lawsuits and will find a politician somewhere in the bowels of the statehouse willing to propose a new law that limits a motorist’s right to collect damages. Never mind that the fault lies with a government entity that is funded by taxpayers but fails to protect them from injury by providing the most basic of services.
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July 22, 2010

Tragic Massachusetts swimming pool accident claims life of twin girls in family pool

by Jeffrey S. Glassman

The tragic drowning deaths of twin toddlers in a Massachusetts swimming pool accident is a heartbreaking reminder of the need for constant supervision of young children around a swimming pool.

Constant supervision. Statistics show that 9 out of 10 child drownings occur in incidents where an adult was directly supervising a child. Many organizations encourage “touch supervision,” in which a capable adult is literally within an arm’s reach of a child at all times while in the water. In some cases, newer homes will be equipped with alarms on doors leading to the pool area. In all cases, alarms or door locks should be used in homes with young children.

As we reported on our Boston Personal Injury Attorney Blog over the Memorial Day weekend, Massachusetts drowning accident happen almost exclusively between Memorial Day and Labor Day and most involve young children. Whether an accident occurs in a residential swimming pool, a commercial pool (such as those at hotels, parks or tourist attractions) or in a family’s own pool, a Massachusetts child injury attorney should always be consulted to ensure that your rights are protected.

We understand that monetary damages cannot begin to compensate for the serious injury or death of a child. However, ensuring that resources are available is vital to treating a child injured in a near-drowning accident, the effects of which can last for months or years and may even result in symptoms presenting long after the incident. In cases, where a child tragically drowns, counseling for other family members, funeral expenses and other factors should be considered. In some cases, a defective pool product or safety device may have been responsible. In other cases, an experienced Massachusetts wrongful death attorney may be able to assist in seeking damages from your homeowner’s insurance policy.

In this case, the Essex District Attorney’s Office reports that police were called to a home in Lynnfield at about 10:20 a.m. Saturday for a report of babies in the pool, the Associated Press reported. The two-year-old girls were transported to the hospital, where they were pronounced dead.

The girls’ mother was home at the time. Authorities report the girls may somehow have managed to open a remote pool cover.

The Consumer Product Safety Commission offers Pool Safety Tips.
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July 20, 2010

Aerosmith guitarist injured in Massachusetts motorcycle accident

by Jeffrey S. Glassman

The Middleboro, Massachusetts motorcycle accident that injured Aerosmith guitarist Joe Perry is a reminder to motorists to watch for bikes through the height of summer riding season and into the fall.

The Boston Herald reported that the Rock and Roll Hall of Famer was rear ended by a 62-year-old retired grandmother of six kids while riding his Italian racing bike. The woman didn’t realize who she had hit until told by officers who responded to the scene.

“Of all the people to hit, it had to be a rock star,” the woman’s daughter-in-law said. The two women had been shopping in Plymouth and were returning home in separate vehicles when the crash happened at Routes 44 and 105.

Perry was not seriously injured and was resting at home, according to the band’s manager, who said she did not know what the rocker was doing in Middleboro. The woman was cited for following too closely. A relative said she bumped the bike with her Chevy Malibu when the guitarist’s Ducati motorcycle stalled in the intersection while she was riding behind him.

Police said he suffered minor scrapes and was taken by ambulance to Morton Hospital in Taunton.

The National Highway Traffic Safety Administration reports a total of 5,290 motorcyclists were killed in 2008 and 96,000 riders were injured. Massachusetts motorcycle accidents killed 41 riders that year.

Statistics show more than half of all motorcycle accidents are the fault of another vehicle on the road. The most common cause of accidents is failure to yield to an oncoming rider while turning or entering the roadway from a parking lot or private drive.

Following too closely, and rear-end collisions, are also among the most common causes of Boston motorcycle accidents.
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July 19, 2010

Boston car accident involving Duck Boat latest in a series of crashes involving the tourism industry

by Jeffrey S. Glassman

A Boston car accident injured five people and involved seven vehicles and a duck boat on Friday afternoon, the Boston Herald reported.

It was second duck boat accident in Boston last week. A boat and two cars were involved in an accident near Government Center on Tuesday when three women on their way to a wedding tried to drive around a duck boat.

Friday’s accident occurred shortly after noon on the ramp to Charles Street Circle from Embankment Road westbound, according to the Massachusetts State Police.

Police said seven vehicles were towed from the scene and the injured were transported to area hospitals. A manager of Boston Duck Tours said a piece of radio equipment on the boat dislodged and blocked the brake pedal.

The boat was taken to the Boston State Police barracks for inspection by the commercial vehicle enforcement team. Mechanical error and operator error will both be investigated as possible causes.

This incident is the latest in a recent string of mishaps involving the tourism industry. As we reported on our Boston Personal Injury Attorney Blog, a tour boat ran aground in Boston Harbor over the Fourth of July weekend, resulting in the evacuation of all 174 passengers and crew members on board.
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July 17, 2010

Globe employee loses fight for protected status in Massachusetts work injury claim

by Jeffrey S. Glassman

A 30-year veteran of the Boston Globe has lost his fight for protected status as a handicapped employee after a 10-year fight that resulted from a work injury.

The assistant press foreman for the Boston Globe slipped on oil on the printing floor and was seriously injured. The employee had spent 25 years with the Globe.

Beginning as a substitute paper handler, he worked his way through the ranks before being named assistant foreman in 1997. In that position, he was responsible for loading and operating the presses to produce the newspaper; a position that frequently required climbing up and down the enormous machines.

The employee was placed on extended medical leave and was off work for most of the following 18 months as he underwent multiple surgeries on his shoulder and knee. In accordance with company policy, the Globe continued to pay the employee his full salary, and in return the employee submitted his Massachusetts workers’ compensation payments back to the company.

He returned to work in June 2003 with a note from his physician that he was limited to no more than 5 hours of work per day. The employee claims the foreman and an assistance foreman derided him over the limited work hours. But he continued to work part of the reduced schedule for about 6 weeks. However he could not maintain the schedule because of pain and ultimately took another leave due to workplace injury.

A month later, after being examined by a physician for the Globe’s workers’ compensation insurer — who found the employee was too injured to work — he was fired for failing to remit worker’s compensation payments to his employer.

After several knee surgeries, the employee requested a light-duty position with the Globe and was denied. The employee then filed a complaint with the Massachusetts Commission Against Discrimination, which was dismissed for lack of proof.

He then filed a court complaint alleging employment discrimination.

A judge granted a motion by the Globe to deny all claims. The appeals court upheld the dismissal of all charges against the Globe, finding that “reasonable accommodations” of a handicapped person did not apply if an employee was unable to perform the basic job functions required of a position.

This case illustrates the complexity of work injury law in Massachusetts. After almost a decade, this employee is out of work and was unable to seek protected status as a handicapped individual at a job he held for nearly 30 years. Hiring a Massachusetts workers’ compensation lawyer at the earliest stages of a work injury case is the best option to protect your rights and the long-term financial future of you and your family.
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July 15, 2010

Understanding the rules can help reduce risk of Boston pedestrian accidents, bicycle accidents

by Jeffrey S. Glassman

The Boston Globe recently addressed confusion regarding right-of-way rights as the Minuteman Bike Trail crosses numerous streets between Cambridge and Bedford.

Stop signs for traffic and painted crosswalks mark just about every crossing on the bike trail. But stop signs are also posted on the trail, essentially turning each crossing into a four-way stop. The Arlington Police Department reports that pedestrians have the right of way, both on the path and in the crosswalks. Bicycles are considered a moving vehicle and should stop at stop signs and wait for traffic to clear before proceedings.

If cyclists want motorists to yield, they should dismount and walk across the crosswalk. By dismounting, cyclist becomes a pedestrian with the right-of-way — this rule applies wherever there is a crosswalk, not just on the bike trail.

Massachusetts bicycle accidents continue to be a real threat. The Boston Globe reported more than 700 cycling accidents occurred in 2008. Nationwide, 716 cyclists were killed and more than 52,000 were injured, according to the National Highway Traffic Safety Administration.

Massachusetts pedestrian accidents killed 75 people in 2008, accounting for about 1 in ever 5 Massachusetts traffic fatalities. Nationwide, 4,378 pedestrians were killed and more than 69,000 were injured.

The bike trail is a wonderful resource for Massachusetts residents. And, as Boston strives to make the city more bike and pedestrian friendly, walking and cycling have become more enjoyable. Understanding the rules, for motorists, cyclists and walkers alike, will help make it more enjoyable and safer for all involved.

You can visit the system’s website for more information on Minuteman Bikeway.
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