Boston Personal Injury Attorney Blog

August 17, 2010

Massachusetts negligent security claim could result from bystander death in Boston pub

A 23-year-old bystander was reportedly killed in a Boston pub when a piece of bar glass pierced his jugular during a fight between two other patrons, the Boston Globe reported.

The victim was out with friends at the popular Lansdowne Pub near Fenway Park. Just after midnight, a patron allegedly threw a beer mug, which shattered and sent shards of glass flying. A piece of glass pierced the victim’s jugular vein. Bleeding profusely, he was rushed to Brigham and Women’s Hospital, where he died less than 30 minutes later.

Nothing will make things right for this young man and his family. But a Boston injury lawyer should be called to assist with thoroughly reviewing the circumstances of this case. Certainly the man who threw the glass should be held responsible. It’s also possible that a negligent security claim could be filed against the bar.

A thorough investigation will help determine whether the at-fault patron in this case was excessively intoxicated; whether he had caused problems for other patrons previously; or whether the bar’s owner or staff could have taken additional precautions. A negligent security claim permits a victim to collect damages from a business or property owner when an injury could have been prevented by reasonable precautions.

In this case, two of the victim’s friends were also treated for cuts; one was hit in the head so hard he suffered a possible concussion and needed medical staples to close the wound.

The 25-year-old defendant was charged in Roxbury District Court with manslaughter and two counts of assault and battery with a dangerous weapon. He entered pleas of not guilty and was being held on $75,000 cash bail.
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August 16, 2010

Fatal Boston boating accident claims life of Weymouth man

by Jeffrey S. Glassman

Authorities on Sunday morning found the body of a man who was killed in a Massachusetts boating accident on Saturday night in Boston Harbor.

The Boston Globe reports that the 47-year-old Weymouth man tried to swim to Graves Light after a pleasure craft began taking on water at about 7 p.m. Rescuers picked up two other people from the boat.

The victim was found 3 miles east of the 21 foot boat, which was half submerged about 500 yards from Graves Light. He was taken to Station Point Allerton.

Massachusetts State Police are investigating the incident. The U.S. Coast Guard rescued two other boat passengers after receiving a distress call about 6:50 p.m. A cutter, a 25-foot-rescue boat and a helicopter participated in the search for the victim.

As we have reported on our Boston Personal Injury Attorney Blog, authorities are concerned about the high number of boating accidents occurring off the Massachusetts coast this summer.

Through July 4 weekend, 21 people had died in accidents off the coast this year, compared to 10 people during all of last year.

Authorities are urging boaters to wear life vests and practice other safe boating habits through the height of boating season and the upcoming Labor Day weekend.

A Guide to Massachusetts Boating Laws and Responsibilities is available here.
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August 15, 2010

Massachusetts nursing home neglect verdict comes despite arbitration agreement

by Jeffrey S. Glassman

A woman has been awarded $400,000 for the disfigurement and death of her stepfather in a nursing home, the Boston Globe reported.

The Massachusetts nursing home neglect and abuse claim stemmed from the 2005 death of a 93-year-old nursing home resident. The resident died a month and a half after suffering an eye injury at a Brockton nursing home owned by Kindred Healthcare.

The victim’s eye was gouged by a metal hook as he was being mechanically lifted from his bed. Two people were supposed to operate the machine. The patient later died from sepsis, which is an infection-related complication.

A jury awarded the stepdaughter $400,000 plus interest for disfigurement and pain and suffering. However, they did not find Kindred responsible for the death. It was a victory even getting the case to trial — last year, a judge invalidated an arbitration agreement the victim signed, which agreed not to sue if he was killed or injured at the nursing home.

Kindred owns more than 40 nursing homes in the state.

Hiring a Massachusetts nursing home neglect lawyer is critical to protecting the rights of nursing home patients against the large corporations that dominate the nursing home industry. The American Health Care Association reports that more than half of the nation’s nursing homes are run by large chain corporations and two-thirds are operated as for-profit companies.

In an increasing number of cases, nursing homes are seeking to have residents or family members sign arbitration agreements or other releases as a condition of admission. Essentially, they are acknowledging that your loved one is at high risk of serious or fatal injury in their facility and are asking you to agree not to sue them in the event of gross negligence. We recommend that families refuse to sign such releases; consulting an attorney to discuss a nursing home’s admissions procedures is also a good idea.
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August 9, 2010

Arlington bicycle accidents a concern as city leaders push forward with Massachusetts Avenue improvements

by Jeffrey S. Glassman

A retired school principal in Arlington has spent more than $40,000 of his own money trying to prevent road improvements aimed at improving cycling and pedestrian safety and reducing the risk of bicycle accidents in Boston and Cambridge.

The Boston Globe reports the opposition has come in the wake of a plan to improve a mile-long stretch of Massachusetts Avenue, by creating wider sidewalks and dedicated bicycle lanes. A 71-year-old retired high-school principal is among the foes of the plan and has so far hired a law firm, an engineer and two consultants in an effort to prevent city leaders from moving forward.

So far, those efforts have been unsuccessful. As our Boston injury lawyers have reported, the area is beginning to be recognized nationwide for the improvements it has made the cycling infrastructure. But serious and fatal bicycle accidents continue to be a primary concern as hundreds of riders are seriously injured or killed each year in Massachusetts bicycle accidents.

In this case, opponents are arguing that Arlington has plenty of places for riders, including a nearby rail trail, and that alterations to Massachusetts Avenue would only encourage more cyclists to use the road and increase the difficulty of travel for motorists and emergency vehicles.

Arlington town officials first unveiled the $6 million plan several years ago. Leaders hope it will continue to encourage commuters to ride bikes or walk, rather than add their vehicle to the congested roads. Critics are particularly concerned about the close proximity to the popular Minuteman Bikeway, which is less than a block away. They are concerned improvements could act as an invitation for thousands of cyclists to begin using the roadway, which could actually increase the dangers.
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August 7, 2010

Behavior on and off the street can impact insurance premiums and risk of Massachusetts car accidents

by Jeffrey S. Glassman

The factors that could contribute to your being involved in a Boston car accident may also result in an increase in your insurance premiums, making safe driving habits a means of both improving safety and saving money.

And insurance companies are paying more and more attention, according to a report on Yahoo!

“If the driver does get into an accident as a result of his behavior, his next policy renewal would reflect it,” said Robert U’Ren, VP of Quality Planning Corp, a company that assist auto insurers with validating and underwriting policies.

Behaviors likely to cause an injury accident and an increase in insurance premiums include:

Texting while Driving: As our Boston accident attorneys continue to report, a full-court, nationwide press is now aimed at stopping drivers from text messaging while behind the wheel. Thirty states have now outlawed the practice and even Oprah Winfrey has weighed in with the “No Phone Zone” challenge.

Those violating the law could receive a ticket, and their car insurance premiums could increase as a result.

Not wearing a seat belt: Nationwide initiatives aimed at seat belt enforcement continue to have an impact. An increasing number of states are switching from secondary to primary enforcement, allowing law enforcement to ticket violators even if they have not been stopped for some other moving violation.

Adding a teen driver: The mere presence of a teen driver on your policy will increase your rates substantially. Car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration.

Several off-the-road behaviors can also frequently impact your insurance rates including:

Missing credit card payments: While consumer advocates continue to argue against the policy, insurers continue to use the credit ratings of drivers in setting insurance rates. Companies claim those with poor credit or financial problems are a greater risk on the road and are more apt to engage in insurance fraud.

Paying insurance in installments: While motorists often saved a few bucks by paying all at once, rather than in monthly installments, that savings has gotten to be substantial. Frequently, a motorist can save several hundred dollars a year by paying in just one or two installments rather than paying by the month.
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August 5, 2010

Massachusetts ATV accidents, child injuries, targeted by new safety law

by Jeffrey S. Glassman

New rules aimed at preventing children from being injured in Massachusetts ATV accidents are drawing praise from parents and safety advocates, the Boston Globe reported.

As we reported in June on our Boston Personal Injury Attorney Blog, lawmakers passed the new rules 141-12. The governor is soon expected to sign it into law. Among other things, it will increase the minimum age for riding an ATV to 14, from 10. It is named for Sean Kearney, an 8-year-old Waltham boy who died after a 500 pound ATV flipped over and pinned him face down in the sand.

Katie Kearney said “this bill will be one of the toughest in the nation.”

In 2004, and 2005, nearly 1,000 children were injured in Massachusetts ATV accidents. During the past 20 years, more than 2,500 children under the age of 16 have died in ATV accidents nationwide, according to the Consumer Product Safety Commission.

The new rules will also restrict the size of an ATV riders ages 14 to 16 are permitted to ride and will require riders in that age range to be supervised by someone over the age of 18. Riders under the age of 18 will also be required to take vehicle safety and responsibility courses before riding all recreational vehicles, including motorcycles, dirt bikes and snowmobiles.

Ken Anderson, president of the Massachusetts ATV Association, said the pending new law is unfair, considering “that the majority of injuries occurred in circumstances that were already in violation of existing statute, regulation, and common-sense best practices.”
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August 3, 2010

Boston swimming pool accident claims life of twins — for the second time in two weeks

by Jeffrey S. Glassman

A 4-year-old girl has died, less than 24-hours after her sister drown in the family’s in-ground swimming pool in Brockton, the Boston Globe reported.

It is the second time in less than a month that twins have drown as the result of a Massachusetts swimming pool accident. We reported two weeks ago on our Boston Injury Attorney Blog that twin toddlers drown in a swimming pool accident.

Statistics show that 9 out of 10 child drownings occur while an adult is directly supervising a child. Authorities are encouraging parents to practice “touch supervision,” in which small children are never more than an arm’s length away. The Consumer Product Safety Commission reports that almost 50,000 people a year require emergency room treatment as the result of a swimming pool accident.

Each year, about 600 children die in swimming pool accidents, more than half of them are killed in swimming pools at home.

The CPSC offers swimming pool maintenance and safety tips.

In this case, the 4-year-old girl died shortly after midnight on Sunday. Her twin sister died Saturday afternoon.

Department of Children and Families reported receiving a tip about the twins and said it was also looking after the welfare of a 10-year-old child who was in a neighbor’s care. It is unclear whether DCF had received a tip prior to the accident and failed to properly investigate, or whether the tip came in response to the drownings.

CNN reports the pool appeared to be unused and in disrepair. The parents work as a nurse and a medical assistant.

The two girls were not breathing when pulled from the family pool about 10:30 a.m. on Saturday, according to the Brockton rescue officials. The twin girls that died in last month’s drowning accident were both 2-years-old.
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August 2, 2010

One killed, seven injured in Massachusetts work accident after condo explodes

by Jeffrey S. Glassman

A Boston work accident has claimed the life of a 48-year-old electrician, who died hours after being pulled from a Norfolk house explosion, the Boston Herald reported.

Seven other people were seriously injured in the incident, after the WInterberry Way condominium blew up. Fire investigators believe the cause of the explosion may have been a propane gas leak at the job site. Two co-workers, ages 43 and 17, remained hospitalized through the weekend.

A Boston wrongful death lawyer or Massachusetts workers’ compensation attorney should always be consulted whenever an employee is seriously injured or killed in an accident while on the job.

Five other people, including two area firefighters, were treated and released at area hospitals. The victim was trapped in the basement for 90 minutes. The condo building is under construction at The Village at River’s Edge, a development for people 55 and older.

The 1,000 gallon underground propane tank was installed and inspected on April 20.
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July 28, 2010

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

by Jeffrey S. Glassman

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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