Boston Injury Lawyer Blog

Massachusett’s highest court is mandating that there be a new trial in the Framingham premises liability lawsuit filed by Cleber Dos Santos against two property owners. Dos Santos became paralyzed from the chest down after he flipped off a trampoline into an inflatable wading pool in 2005. The defendants, Jose Coleta and Maria Coleta, are his in-laws.

At the time, the plaintiff was a 29-year-old construction worker. He contends that Jose placed the trampoline next to the pool. After accumulating hundreds of thousands of dollars in medical expenses, Dos Santos, his wife, and son (the latter two witnessed the incident) would go on to sue the Coletas for Framingham, MA personal injury.

In 2008, a Middlesex Superior Court jury ruled for the defendants. Dos Santos then appealed, but the Appeals Court upheld the jury’s decision, which took into consideration that landowners are not responsible for making warnings in circumstances where the peril is obvious to anyone with reasonable perception and average intelligence.

Now, however, the Supreme Judicial Court is saying that it is a landowner’s duty to remedy any danger that is obvious and open when he/she created the danger even while knowing that “lawful entrants” might encounter the hazard. In its unanimous opinion, the court said that despite issuing warnings, Jose knew that placing the trampoline next to the pool was a dangerous set up and that he could/should have anticipated that injuries might happen.

Massachusetts Premises Liability
Landlords, business owners, homeowners, public property owners, and the owners of other types of property have a legal obligation to keep up and secure their grounds so there are no hazardous conditions that could cause injury to guests, residents, patrons or customers. Failure to fulfill this duty of care, especially when the owner knew about the hazard yet didn’t do anything to repair/remove it, can be reason for a Boston premises liability case.

Massachusetts Swimming Accidents
Anytime there is a pool involved, there is a risk of drowning—even if the level of water is just two feet deep in a wading pool—and other serious injuries, which is why pool owners must make sure that any safety hazards are remedied. Boston slip and fall accidents and diving accidents are two other common, unfortunate swimming pool-related incidents that can happen.

Mass. high court orders new trial in lawsuit of man paralyzed after trampolining into Framingham pool, Boston.com, May 15, 2013

Court turns down appeal in Framingham diving accident case, MetroWest Daily News, December 6, 2011

More Blog Posts:
Owner Cited in Aftermath of Fatal Allston, MA Fire, Boston Injury Lawyer Blog, April 30, 2013

With Older Adults More Prone to Massachusetts Fall Accidents, Boston Nursing Homes Should Exercise the Needed Care to Protect Patients, Boston Injury Lawyer Blog, April 27, 2013

Boston Slip and Fall Cases Give Victims A Chance at Financial Recovery, Boston Injury Lawyer Blog, April 26, 2013

A measure is being proposed that would raise the statute of limitations for victims of Massachusetts child sex abuse so that they would have until age 55 to sue for personal injury damages. Currently, most victims in the state have only until they turn 21 to file a civil case—save for an exception to the law that lets older people sue an alleged abuser if the sex abuse lawsuit is submitted within three years of when the victim first discovered that he/she was molested.

While some are questioning whether allowing for a child sex abuse case after so much time has passed could weigh unfairly against those accused—by this point memories might be vaguer and there may not be as many witnesses—other believe that giving victims more time to sue is in their best interests. If you were the victim of Massachusetts sexual abuse, please contact our Boston sexual assault law firm to request your free case assessment.

Child Sex Abuse
Sexual abuse can leave a victim with lasting trauma. Some may not remember the incident for years or they may be too terrified to speak out. It can literally take some people a lifetime to process enough of their pain and suffering so that they can actually take action or even tell anyone what happened to them. Some may even need a lot of counseling first.

In some sex cases, accusing the alleged abuser can be tough, especially when he/she and the victim had a close relationship. There even may be the fear that more people will get hurt if the abuse becomes known.

You want to work with a Boston sexual abuse law firm that understands the nature of your emotional and psychological injuries, as well as the impact this is having on your personal relationships, career, health, and well-being. At Altman & Altman, LLP, our Massachusetts injury lawyers are aware of the delicacy surrounding this matter even as we work hard to make sure you recover the compensation that you are owed.

Change sought in Mass. limit on sex abuse lawsuits, Boston.com/AP, May 7, 2013

Understanding Child Sex Abuse, American Psychological Association

More Blog Posts:
Deerfield Academy Says Accused Teachers Committed Massachusetts Sexual Abuse, Boston Injury Lawyer Blog, April 4, 2013

$500,000 Massachusetts Clergy Abuse Settlement Reached Between Former Williamstown Altar Boy and Two Ex-Springfield Roman Catholic Bishops, Boston Injury Lawyers Blog, July 29, 2012

Dorchester, Massachusetts Child Sex Abuse?: Teacher's Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer, December 13, 2011

A Taunton man was killed yesterday after a boating accident on the Taunton River, and the boat’s operator has been charged with homicide by vessel while operating under the influence.

The crash occurred around 6 p.m. when the boat’s operator Anthony Rose, 46, crashed the boat into a tree in the water, killing his cousin Manuel Pinhero, 47. Investigators say Rose had been under the influence of alcohol and was traveling at a high rate of speed at the time of the accident.

Police received emergency calls around 5:45 p.m. from other boaters who witnessed the accident. After the accident, Rose allegedly drove the boat ashore near east Water Street in Taunton, where he and other passengers were met by Massachusetts Environmental Police. After failing field sobriety tests, Rose was placed under arrest and was charged with OUI homicide by vessel and negligent operation of a boat. He was arraigned in court this morning and held on $10,000 bail. The crash is still under investigation.

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Just as with driving a car, operating a boat comes with high responsibility. Some of the main reasons people get into boating accidents include careless operation, inattention, inexperience, passenger behavior, speeding, and substance use. There are many different types of boat accidents, including boats colliding with other boats, boats flooding, passengers falling overboard, water sports mishaps, and as was the case yesterday boats colliding with fixed objects.

Continue reading "MA Man Dies after Boat Crash on the Taunton River" »

According to State Police, at least 34 Massachusetts middle school kids who sustained minor injuries in a Newton bus accident were sent to local hospitals today. Neck pain, head pain, and back pain, were among the complaints raised by some of the children, while others suffered bumps and bruises.

The bus collision was a three-vehicle accident that occurred early in the morning. Even though the incident is still under investigation, police say it appears that the bus rear-ended another auto that was stopped at a traffic light, propelling that motor vehicle into another stopped vehicle.

Rear-End Crashes
A rear-end accident can result in injuries for everyone involved. Often, it is those in the car that is rear ended who will experience the brunt of impact and potentially suffer from soft tissue injuries, whiplash, disc damage, carpal tunnel injuries, knee injuries, ankle injuries, traumatic brain injury, head injury, and burns. That said, those in the vehicle that that did the rear-ending are not immune from getting hurt—especially if the auto was moving at a fast speed and was forced to abruptly stop by slamming into the car in front of it.

Although usually it is the driver of the car that struck the other vehicle from the rear that is deemed at fault (distracted driving, failure to stop, not keeping enough of a distance from the car in front of it so that there isn’t enough time/space to safely stop, and failure to slow down) there are also instances when the other driver may be at fault, such as when he/she is illegally stopped on the road, halts the vehicle abruptly without warning or reason, or accidentally reverses the car into the vehicle behind it.

Bus Accidents
Bus drivers are supposed to exercise an extra duty of care when operating such a large vehicle occupied by people that usually aren’t wearing seat belts. Injuries in a Boston bus crash can be painful, serious, and traumatic. There may be more than one liable party, such as the driver, the bus company, the entity that runs/maintains/uses the buses, and others.

According to State Police, at least 34 Massachusetts middle school kids who sustained minor injuries in a Newton bus accident were sent to local hospitals today. Neck pain, head pain, and back pain, were among the complaints raised by some of the children, while others suffered bumps and bruises.

The bus collision was a three-vehicle accident that occurred early in the morning. Even though the incident is still under investigation, police say it appears that the bus rear-ended another auto that was stopped at a traffic light, propelling that motor vehicle into another stopped vehicle.

Rear-End Crashes
A rear-end accident can result in injuries for everyone involved. Often, it is those in the car that is rear ended who will experience the brunt of impact and potentially suffer from soft tissue injuries, whiplash, disc damage, carpal tunnel injuries, knee injuries, ankle injuries, traumatic brain injury, head injury, and burns. That said, those in the vehicle that that did the rear-ending are not immune from getting hurt—especially if the auto was moving at a fast speed and was forced to abruptly stop by slamming into the car in front of it.

Although usually it is the driver of the car that struck the other vehicle from the rear that is deemed at fault (distracted driving, failure to stop, not keeping enough of a distance from the car in front of it so that there isn’t enough time/space to safely halt, and failure to slow down) there are also instances when the other driver may be at fault, such as when he/she is illegally stopped on the road, halts the vehicle abruptly without warning or reason, or accidentally reverses the car into the vehicle behind it.

Bus Accidents
Bus drivers are supposed to exercise an extra duty of care when operating such a large vehicle occupied by people that usually aren’t wearing seat belts. Injuries in a Boston bus crash can be painful, serious, and traumatic. There may be more than one liable party, such as the driver, the bus company, the entity that runs/maintains/uses the buses, and others.

Metco bus crashes in Newton; 34 students and driver taken to local hospitals, State Police say, Boston.com, April 30, 2013

School Buses, National Highway Traffic Safety Administration

More Blog Posts:
Fatigued Driving in Massachusetts: As Dangerous as Driving Drunk, Boston Car Accident Lawyer Blog, April 25, 2013

More Adult Motorists than Teens May Be Texting While Driving, Finds New Survey, Boston Injury Lawyer Blog, March 28, 2013

MBTA Suspends Drivers for Cell Phone Use on the Job, Massachusetts Workers' Compensation Lawyer Blog, October 6, 2008

The property owner of a two-and-a-half story Allston apartment has been cited after a deadly fire this weekend.

Anna Belokurova, the owner of the residence at 87 Linden Street, was cited for illegal occupancy in the basement and overcrowding of the house. According to officials, 18 people had been living in the home at the time of the fire. The house had also not been inspected since 1992.

The fire, which is still under investigation, broke out around 6:30 on Sunday morning, and claimed the life of Boston University student, Binland Lee.

Three residents were rescued by firefighters using ladders, while one resident jumped from an upper story to escape the fire Deputy Chief Stephen Dunbar said. According Dunbar, firefighters had tried to reach Lee who was in the attic at the time, but were unable to reach her.

Six firefighters and nine of the building’s occupants sustained non-life threatening injuries during the fire.

Continue reading "Owner Cited in Aftermath of Fatal Allston, MA Fire " »

Every year, over 200,000 kids are injured in playground accidents in the United States. Sometimes, the injuries are a result of what can sometimes happen when children are busy running around and playing with each other. In other instances, a Boston playground accident could have been avoided were it not for the negligence of others.

Common causes of Massachusetts playground accidents that might be grounds for a Boston injury lawsuit:
Inadequate supervision: adults should properly supervise Kids in playgrounds. When failure to supervise, such as at a school or an event at the playground, allows for injuries to happen, the person or entity tasked with providing the supervision can be held liable. Inadequate supervision also can up the risk of child abductions and sex abuse happening.

Defective/unsafe playground equipment: Sharp edges on equipment, rust, faulty equipment parts, entrapment hazards, strangulation/choking hazards, equipment that is not properly secured to the ground, broken equipment, equipment that is not age appropriate, hard playground surfacing such as asphalt, concrete, or blacktop (or even soil, grass, or packed-earth), rather than the softer surfaces (wood chips, sand, wood chips, shredded rubber, rubber surfacing mats) designed to cushion during falls.

Poorly designed playgrounds: Equipment is installed too close together, lack of separate, designated areas for toddlers and school kids; failure to keep seesaws, swings, and other equipment away from the other playground areas, inadequate/no guardrails around elevated areas to prevent fall accidents.

Inadequate maintenance of playground area and equipment

Inadequate warnings of safety hazards

According to KidsHealth.org, playground equipment that it does not consider safe include:
• Glider swings that can carry more than one kid at a time
• Animal figure swings
• Swinging ropes, which can pose a strangulation hazard or fall hazard,
• Exercise rings
• Monkey bars
• Trampolines

Common Playground Accidents and Injuries:
• Fall accidents (from slides and other equipment that place kids at elevated heights)
• Head injuries
• Hanging accidents, which can cause asphyxiation deaths
• Falls onto unsafe playground surfaces
• Fractures
• Concussions
• Internal injuries
• Broken bones

Our Boston injury lawyers represents families whose kids were injured in a Massachusetts playground accident. You may have reasons for filing a claim or lawsuit based on products liability, injuries to a minor, premise liability, or some other type of negligence.

Playground Safety, KidsHealth

Public Playground Safety Checklist, Consumer Product Safety Commission

More Blog Posts:
Not All Boston Child Injuries in Cars Involve Actual Massachusetts Traffic Crashes, Boston Injury Lawyer Blog, March 30, 2013

Boston Products Liability?: Keep Kids Away from Single-Load Liquid Laundry Pods, Boston Injury Lawyer Blog, November 25, 2012

Buckyballs Toy Magnets Discontinued in the Wake of CPSC Lawsuit and ‘Dangerous to Children’ Allegations, Boston Injury Lawyer Blog, October 31, 2012

According to the CDC, every year, out of every three adults in the 65 and older age group, one of them will be involved in a fall accident—and less than 50% of those that fell will tell their healthcare provider. Considering that fall accidents are the leading cause of injury deaths among seniors who belong to the 65 and older age group, these figures are very disturbing.

At Altman & Altman, LLP, our Boston nursing home neglect and abuse lawyers represent families whose loved ones suffered serious injuries, health complications, or died in a Massachusetts fall accident at a long-term care facility. Nursing home providers know that fall accidents are common for the major demographic that they treat and it is their job to exercise the necessary preventive measures so that residents don’t become a fall accident danger to themselves, such as:

• Removing any spilt liquids, fluids, or foods from the floor
• Installing handrails in hallways and in shower stalls
• Providing nursing assistance to patients that cannot walk or move properly without help
• Installing bed rails
• Following proper procedures when using a lift to raise, lower, or transfer a patient from a bed to another bed, wheelchair, gurney, or surgical table
• Properly training and educating staff about Massachusetts nursing home falls.
• Installing raised toilets
• Providing beds that are lower to the ground in terms or height

An elderly patient that fractures or brakes his/her hip in a Boston fall accident may not only require a longer period of time (than his/her younger counterparts) to recover, but also the resident may be more at risk to infection, other health complications, or even a permanent deterioration of health. It is important that your Boston nursing home negligence attorney has the experience to assess the extent not just of current injuries but also recovery time and other related costs.

Falls Among Older Adults: An Overview, CDC

Preventing Injuries from Falls in the Elderly, Patient Centered Outcomes Research Institute

More Blog Posts:
Preventing Boston Nursing Home Abuse: Alzheimer’s Association Reports that One in Three Elderly Seniors that Dies has Dementia, Boston Injury Lawyer Blog, March 19, 2013

Sex Abuse Can Be A Problem in Boston Nursing Homes, Boston Injury Lawyer Blog, February 24, 2013

When There is Bone-Chilling Weather, Boston Nursing Homes Should Take Precautions to Prevent Hypothermia Injuries and Fatalities, Boston Injury Lawyer Blog, January 23, 2013

A Massachusetts slip accident on a banana peel, a wet floor, or an icy patch on the sidewalk that causes a fall accident might not seem like a big deal in theory, but, in truth, it can cause serious injuries to the person involved. Back injuries, broken hips, spinal cord injury, traumatic brain injury, and even death all have been known to happen in Boston slip and fall accidents, and unless you get legal help, you may find yourself in a deep financial hole with seeming no way out even as you cope with all the other painful ramifications of being involved in this type of incident.

At Altman & Altman, LLP, our Boston premises liability lawyers have more than half a century’s experience assisting Massachusetts slip and fall accident victims get the financial compensation that they are owed. We also have Masachusetts workers’ compensation attorneys that can help employees make sure that they receive all the work injury benefits they are entitled to for their slip/step/stump/trip and fall accident that occurred on the job.

Slip and fall claims are usually based on incidents that occurred on someone else’s property. The premise may be a private one, like someone’s home, a public one, such as a city park or a sidewalk, or a property that is owned by and entity and frequented by members of the public, such as a stadium, a shopping mall, or a supermarket.

If the property owner could/should have prevented the Boston slip and fall accident from happening but didn’t, he or she may be liable for what happened. That said, remember that Massachusetts operates under a modified comparative negligence model, meaning that as long as liability on your part is less than 51%, you could recover at least some in damages.

Slip and Fall, Nolo

Massachusetts Court Changes Slip and Fall Liability, Insurance Journal, July 28, 2010

More Blog Posts:
Traumatic Brain Injuries, Broken Bones Can Happen During Boston Slip and Fall Accidents on Ice or Snow, Boston Injury Lawyer Blog, January 20, 2013

Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits, Boston Injury Lawyer Blog, August 16, 2011

Report Shows 32 Workers Died in Massachusetts Workplace Accidents in 2012, Massachusetts Workers' Compensation, April 26, 2013

Per a 2009 National Survey on Drug Use and Health, about 10.5 million people in the 12 and over age group admitted to driving under the influence of illegal drugs in the year before they were surveyed. The age group that had the highest percentage of drivers that drove while on drugs was the 21 to 25 young adult demographic.

At Altman & Altman, LLP, our Boston car accident lawyers represent victims that have suffered serious injuries or lost loved ones in Massachusetts drugged driving accidents. Contact us today.

A drug doesn’t have to be illegal for it to impair one’s driving abilities, potentially causing a serious traffic crash. Even some over-the-counter medications may impair one’s vision, hearing, judgment, and abilities to react, act, respond, and process. Mix drugs with alcohol and the combination can be lethal for everyone involved.

Depending on the drug, other possible side effects may include:

• Drowsiness
• Inability to pay attention
• Hallucinations
• Impulsive behavior increase
• Heart attack or stroke
• Death
• Coordination problems
• Problems driving in a straight line
• Overdose
• Up risk taking proclivities

Even if a drug has been prescribed to the driver, he/she is still responsible for finding out whether the medication can impair his/her driving ability, and if so, then the motorist should stay off the road.

People can sued for causing a traffic injury crash while under the influence of medication. If the pharmacist or drug manufacturer failed to warn that driver impairment might be a possible side effect, these parties could also be held liable for Boston personal injury or wrongful death.

Also, not only is it against the law to take illicit drugs, but it is a crime to drive while under the influence of alcohol or drugs. A negligent motorist could end up dealing not just with a civil case but also with criminal charges.

What Is Drugged Driving?, National Institute on Drug Abuse

How do Drugs Affect Driving?, EMSA

More Blog Posts:
Fatigued Driving in Massachusetts: As Dangerous as Driving Drunk, Boston Car Accident Lawyer Blog, April 25, 2013

Not All Boston Child Injuries in Cars Involve Actual Massachusetts Traffic Crashes, Boston Injury Lawyer Blog, March 20, 2013

In Bristol County Superior Court, the family of Grant Pearson is suing Crystal Springs, a Freetown school for the severely disabled for his Massachusetts wrongful death. They contend that staff failed to keep the 21-year-old Assonet resident safe and they did not provide him with the medical care he needed after he swallowed a latex glove in 2011.The facility provides specialized therapeutic, residential, and educational services to adults and kids that are severely disabled.

Pearson, who lived at Crystal Springs at the time of the fatal accident, suffered from pica. This disorder involves a compulsive craving to eat nonedible items.

Per the Bristol County, MA wrongful death lawsuit, on October 25, 2011, Pearson swallowed a glove that had been left in the bathroom where an attendant gave him a shower. Soon after, he began throwing up and exhibited difficulty breathing. Although other staff members were called in, there was purportedly a delay before an oxygen bag was assembled for him and by then he was unresponsive and foaming at the mouth.

The complaint is alleging Massachusetts nursing negligence. The plaintiffs say that nursing staffers neglected to free up Pearson’s airway or employ other lifesaving measures so he wouldn’t choke to death. Also, allegedly because staff didn’t know how to get an outside line, 911 was not called right away.

Investigations by the Disabled Persons Protection Commission and Massachusetts State Police following Pearson’s choking death found that Crystal Springs staff were improperly trained regarding how to use certain equipment, including the oxygen bag and other devices. They also found that there were inadequate or lax policies regarding the handling of latex gloves, the monitoring and treatment of patients with pica, and what to do in emergency situations.

When negligent nursing care leads to patient injury or death, there can be grounds for a Boston nursing home neglect and abuse lawsuit. Care facilities are supposed to provide patients not just with the proper medical care but also with adequate supervision. Policies and procedures must exist to prevent accidents from happening. Staff should be properly trained as well as supervised.

Family of disabled man files wrongful death lawsuit against Freetown facility, The Herald News, March 25, 2013

Disabled Persons Protection Commission

More Blog Posts:
Preventing Boston Nursing Home Abuse: Alzheimer’s Association Reports that One in Three Elderly Seniors that Dies has Dementia, Boston Injury Lawyer Blog, March 19, 2013

Clergy Sex Abuse Returns to the Spotlight with Pope Benedict’s Resignation and the Wait for His Successor, Boston Injury Lawyer Blog, March 6, 2013

Alfred Cabiya, 56, died in a Massachusetts construction accident yesterday morning. The tragic incident happened when he became pinned in the middle of two modular office units. Another worker was treated for non-fatal injuries.

The construction workers were setting up the temporary buildings when one of the units shifted. The Occupational Safety and Health Administration and Massachusetts’s Department of Industrial Accidents are investigating the incident.

Construction Accidents
Construction site accidents can leave workers with serious, disabling injuries if they survive. Working construction can be a precarious job, which is why those involved with running a project need to take all precautions necessary to prevent a construction accident from happening. Unfortunately, thousands of construction workers are killed on the job each year.

While construction workers and their families typically cannot sue their employer for Northampton construction accident compensation—they are usually entitled to Massachusetts workers’’ compensation benefits—they may be able to pursue civil damages from the other entities involved in the project, as well as any manufacturers involved (if a machinery defect or some other product safety issue caused the work injury accident.)

Remember that in Massachusetts there is a three year statute of limitations for filing a Northampton personal injury case, which means that the sooner you retain a Boston construction accident law firm, the easier it will be to build a solid case on your behalf.

At Altman& Altman, LLP, our Boston personal injury lawyers and Massachusetts workers’ compensation attorneys know how tough it can be to suffer a disabling injury that is now preventing you from earning a living and living a normal life. Contact us for a free case evaluation.

1 dead, another injured after construction accident at Massachusetts Department of Transportation facility in Northampton, MassLive, April 18, 2013

Occupational Safety and Health Administration

More Blog Posts:
$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family, Boston Injury Lawyer Blog, July 9, 2012

Steelworker Rushed to Hospital After Falling Off Roof at Duxbury, MA High School, Workers' Compensation Lawyer Blog, March 21, 2013

Propone Tank Explodes at MA High School Construction Site, Injuring Worker, Boston Injury Lawyer Blog, January 4, 2012