Boston Injury Lawyer Blog

A 56-year-old South End female pedestrian who was seriously injured in a hit-and-run accident when she was 6 years old has lost her leg in another hit-and-run accident.

Donna Mills had her leg amputated on August 1 after she was hit by a tractor-trailer while crossing Huntington Avenue near Symphony Hall on July 30. She is recovering from surgery at Radius Specialty Hospital. The driver of the tractor-trailer left the accident scene.

As a child, Mills sustained permanent brain damage and a permanent leg injury when she was struck in a hit-and-run car accident in Boston. No one was ever charged in that crime.

Mills was struck while walking the route that she would travel daily. Police are looking for the driver of the tractor-trailer. Witnesses say the tractor-trailer had the word “FABIAN” in red letters on its side.

If you or someone you love has been seriously injured in a hit-and-run accident, not only has the negligent driver committed a crime, but he or she can be held liable for your personal injury accident and you can file a claim for recovery.

As a victim of a hit-and-run accident, not only are your dealing with the pain and suffering that comes from being injured, recovering from the accident, and finding a way to get your bills paid for, but you are also dealing with the trauma of being struck by a person who has tried to escape responsibility and accountability for your injuries by leaving the accident scene. By fleeing the accident site, the negligent driver has also become a criminal who has made you the victim of his or her crime.

What You Can Expect to Recover as a Victim of a Motor Vehicle Accident in Massachusetts:

• If you were riding a car at the time of the accident, your insurance will cover the first $2,000 of any costs related to your injury accident.
• If you were a bicyclist or a pedestrian who was injured by a car, truck, or motorcycle, then the insurance company of the negligent party has to cover the first $2,000.
• Your insurance company will be asked to cover any medical costs above the first $2,000. If you are able to recover money from a personal injury claim, your health insurance company may be able to collect what it spent from these damages.

Personal injury claims and lawsuits in Massachusetts can be very complicated, which is why you should hire an experienced personal injury attorney to handle your case. Hit-and-run accidents, are by their very nature, very difficult to prove. A good personal injury attorney can investigate the circumstances surrounding your accident, assess your injury and recovery costs, prove that the other party was negligent, and fight for your right to compensation.

Victim twice hurt in hit-runs loses leg, driver sought, Boston Herald, August 26, 2007

Related Web Resources:

Auto Accident Claims

Hit and Run 2004 Statistics, Deadlyroads.com

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Posted In: Car Accidents , Pedestrian Accidents

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The Us Consumer Product Safety Commission announced today that it is recalling over 300,000 Chinese-made toys and jewelry for children. The CPSC cited excessive levels of lead as the reason for the recalls.

Approximately 250,000 SpongeBob SquarePants journals and address books (that may have excessive levels of lead paint on their spiral/metal bindings) are part of the recall. The books were sold in the U.S. between June 2006 and July 2007.

Curious George and Thomas and Friends pails and spinning tops are also part of the recall due to concerns that their wood handles might have too much lead. About 4,700 pails and 66,000 spinning tops sold in the U.S. between July 2001 and July 2002 are included in the recall.

Approximately 7,900 Divine Inspiration charm bracelets for children (sold between August 2006 and May 2007) and almost 14,000 Toby & Me Jewelry sets are also being recalled because of concerns of excessive lead.

Lead is considered a very toxic metal especially for children, ages 6 and under. Lead poisoning, brain damage, learning disabilities, behavioral difficulties, seizures, and wrongful death can result from exposure to excessive levels of lead.

If you or someone you love becomes ill because of too much lead in a particular product, whether a toy, paint on the walls of a home, lead in soil or lead in drinking water, you may have grounds to file a products liability claim or a personal injury lawsuit against the party or parties responsible for the excessive levels of lead. A person whose loved one has died because of exposure to lead may also have grounds for filing a wrongful death lawsuit.

The Environmental Protection Agency offers valuable information about lead exposure and its health effects on children, including:

Lead is even more dangerous to children than adults because:
• Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
• Children's growing bodies absorb more lead.
• Children's brains and nervous systems are more sensitive to the damaging effects of lead.

If not detected early, children with high levels of lead in their bodies can suffer from:
• Damage to the brain and nervous system
• Behavior and learning problems (such as hyperactivity)
• Slowed growth
• Hearing problems
• Headaches

Lead Causes More US Recalls of China-Made Toys, Boston.com, August 22, 2007

Health Effects of Lead, Environmental Protection Agency

Related Web Resources:

Lead paint, magnets are latest concerns, Boston.com, August 15, 2007

U.S. Consumer Product Safety Commission

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A 77-year-old Cape Cod man died early this morning in a traffic collision on Lower County Road in Dennis, Massachusetts.

Albert Alissi died at the accident scene after being hit by a 1999 Mercury Sable being driven by Dennisport resident Todd Jenkins, 42. Jenkins then hit a hydrant, which caused a flood and a sinkhole.

Jenkins was treated at Cape Cod Hospital where he was later released.

The National Highway Traffic Safety Administration says that 4,881 pedestrians were killed in traffic collisions in 2005, while 64,000 others were injured.

The Federal Highway Administration says that the chances of dying in a pedestrian accident grow as a person gets older. An elderly person’s hearing and eyesight might become worse, their reflexes may become slower, and they may be unable to walk quickly.

Safety.com offers a number of safety tips for pedestrians, including:

• Walk on sidewalks. If you must walk on a road with no sidewalks, walk facing traffic.
• Cross only at street corners, preferably those with a traffic light, and within marked crosswalks.
• Wear bright-colored or reflective clothing, especially if you have to walk at night.
• Avoid walking in the dark and during bad weather such as snow, rain, ice, or fog.
• Look left, right, and left again before crossing the street, and be on the lookout for turning or backing vehicles.
• Make eye contact with the driver before crossing in front of a vehicle. Stay out of the driver's blind spot.
• Learn the proper use of "Walk/Don't Walk" signals.
• Walk and cross with other pedestrians whenever possible.
• Wear proper and well-maintained footwear.

Injuries in pedestrian accidents can be catastrophic if not fatal. Injuries can include spinal injuries, brain injuries, burn injuries, and broken bones. If you or someone you love has been injured in a pedestrian crash, you should speak to a personal injury attorney immediately to see if the liable party can be held civilly and financially accountable for your recovery costs.

A good personal injury lawyer can also file a wrongful death claim for you if your loved one was a pedestrian killed in a traffic accident.

Pedestrian Crash Facts,
Walkinginfo.org

Focusing on the Senior Pedestrian, Federal Highway Administration

Street Smarts for Senior Pedestrians, Safety.com

Related Web Resource:

Pedestrians: 2005 Traffic Safety Facts, NHTSA

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Posted In: Pedestrian Accidents

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A construction worker was injured a construction site at Pelham Road in Salem, Massachusetts, last week after the scissor lift that he was riding in tipped backward and fell to the ground. Semir Mehmedoxic, 20, fell out of the bucket. As of last Saturday, he was being treated at Beth Israel Deaconess Medical Center where he was reportedly in stable condition.

Mensur Ramic, a 21-year-old Manchester resident, says that he and Mehmedoxic had been sanding an exterior wall when the construction accident occurred. Ramic was able to grab onto the roof and pull himself to safety when the scissor lift tipped back.

Both men were at the site to help build a 60,000 square-foot gym that belongs to The Workout Club and Wellness Center chain.

Paul LeVasseur, the project superintendent, said that he did not know the man who fell and that different subcontractors often worked at the site. He criticized the lift machine’s condition. The lift machine had been provided by subcontractor Classic Exteriors LLC of Manchester. He thinks that the accident was caused by mechanical failure.

Firefighters had to siphon gas from the lift because a tank was punctured in the fall.

The Occupational Safety and Health Administration (OSHA) has been investigating the cause of the construction accident.

Injuries sustained at a construction site are frequently catastrophic, if not fatal.

Common kinds of construction accidents include

• Scaffolding accidents
• Electrical accidents
• Injuries caused by defective equipment
• Cutting accidents
• Falls
• Welding injuries
• Exposure to hazardous or toxic substances
• Faulty use of equipment
• Improper maintenance or repair of construction machinery and vehicles

If you have been seriously injured at a construction site or while working at any other job in Massachusetts, you are eligible for benefits under workers’ compensation. A good workers’ compensation attorney can make sure that your benefits start immediately, and—if not—that you receive any back benefits that are owed to you.

Your workers’ compensation lawyer can also make sure that your employer and its insurance company are not preventing you from receiving the benefits that you are legally entitled to. If a family member was killed because of negligence or carelessness at a construction site, you may be eligible to receive benefits from the employer under your loved one’s workers’ compensation package.

If there is a third party that is considered a liable party, you may be able to file a personal injury or a wrongful death claim against them also.

OSHA investigates work site accident, Eagle Tribune, August 11, 2007

Worker hurt in fall at Salem construction site; Co-worker, dangling from roof, escapes injury, Eagle Tribune, August 10, 2007

Related Web Resources:

OSHA Assistance for the Construction Industry, U.S. Department of Labor

Department of Industrial Accidents, Massachusetts.gov

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Posted In: Construction Accidents , Workers' Compensation

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Mattel issued a recall today of its toys with small magnets and toys made in China that have hazardous lead paint. It is the toymaker’s second recall this month.

The world’s largest toymaker says it is recalling some 436,000 toys, including die-cast toy vehicles that feature the Pixar movie character “Sarge.” The toy vehicles were manufactured in China and are believed to have “impermissible levels of lead.”

In another recall action today, Mattel is recalling globally some 18.2 million toys with magnets. About 9 million of these toys were sold in the United States. The magnets are said to be powerful, can come lose easily, and choked on if swallowed. This recall follows an similar recall in 2006 after a number of children were critically injured or died after swallowing magnets from toys. Some 63 kinds of toys are included in this current recall, including a number of Batman toys, Polly Pocket toys, Barbie toys, and Doggie Day Care toys.

Mattel has apologized for the recall and says it is working with regulatory agencies, the Consumer Product Safety Commission, and retailers to take the recalled products off store shelves.

Earlier in August, Mattel recalled more than one million toys that were manufactured in China because they had dangerous levels of lead paint. Toys in this recall include a number of Dora the Explorer products and Sesame Street toys from Mattel’s Fisher-Price unit.

Toys are given to young children for the purposes of giving them pleasure or to educate or entertain them. Toys are often designated for their appropriate age group, so that children that are too young to enjoy or learn from a specific toy are not harmed unnecessarily because the pieces might be a choking hazard if swallowed or a toy requires the experience and skills of an older child.

It can be very traumatic for a child if he or she is hurt while playing with a toy. In instances where more than one child is injured or killed because a particular toy has proven dangerous or defective, a toy manufacturer might issue a product recall to have the toy removed from store shelves.

Toys with unacceptable levels of lead, flammable materials, excessively small pieces, or sharp pieces or edges can sometimes lead to serious injuries if not death.

The parents of a child that is hurt because of a dangerous or defective toy may have grounds to file a products liability claim or lawsuit to hold the manufacturer, distributor, or seller of a faulty product liable for the injury.

An experienced personal injury attorney can help you file your claim.

Mattel Issues New Recall of Chinese Toys, New York Times, August 14, 2007

Mattel Recalls 9 Million Toys in US, CNN, August 14, 2007

Related Web Resources:

Toy Hazard Recalls, U.S. Consumer Product Safety Commission

Toy Safety - Injury Statistics and Incidence Rates, Children SNYP.org

List of Toys in Mattel Recall, Forbes.com, August 14, 2007

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Maria Cruz, a former Certified Nursing Assistant, pled guilty to assault and battery of an elderly person that she had been taking care of at a nursing home. As part of Cruz’s probation, Lawrence District Court Judge Barbara Pearson has ordered her to stay away from the victim, the two witnesses, and the Sutton Hill Center Nursing Home.

Cruz is also forbidden from taking care of any elderly person in any way or from ever working in a senior nursing home setting. She also has to undergo an anger management evaluation and 100 hours of community service.

Authorities say that in 2006, Cruz stepped on an 86-year-old patient’s face and swore at her. Two Certified Nursing Assistants witnessed the incident and they reported Cruz, 46, to the DPH (Department of Public Health) and the Attorney General’s Office. She was fired after an investigation and suspension.

A recent Congressional Report says that 1/3rd of the 17,000 nursing homes in the U.S. have been cited for some form of nursing home abuse.

Elder abuse at a nursing home can consist of physical violence, verbal violence, sexual abuse, and emotional violence. Nursing home neglect, where caretakers at a nursing home neglect to take proper care of an elderly patient, is another form of abuse. Staff inattention, overlooking signs of illnesses, not giving a patient timely and proper medical care (medical neglect), and unsanitary or dangerous living conditions, are all forms of nursing home negligence.

Sings of nursing home abuse can consist of severe dehydration, unexplained cuts or bruises, bedsores, and sudden weight loss.

The Nursing Home and Abuse and Neglect Center says that a person may be a victim of emotional or verbal abuse at a nursing home if he or she seems:

• Emotionally upset or agitated
• Extremely withdrawn and non-communicative
• Exhibits unusual behavior (sucking, biting, rocking)
• Exhibits humiliating, insulting, frightening, or threatening behavior towards family and friends
• Wants to be isolated from other people
• Ignores family and friends

North Andover Nursing Assistant Pleads Guilty to Assaulting an Elderly Nursing Home Patient, The Office of Massachusetts Attorney General, August 8, 2007

Nursing Home Abuse & Neglect News

Nursing Home Abuse and Neglect Resource Center

Related Web Resource:

Information Sources for Elder Law

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Posted In: Nursing Home Abuse and Negligence

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Police have identified the man who was mauled by dogs on the Brentwood property owned by movie star Ving Rhames as Jacob Adams. Adams lived on the property and had been employed to take care of the actor’s dogs.

Medical examiners are still trying to determine whether Adams died as a result of the numerous dog bites he sustained during the attack or from heart failure during the attack.

Animal services have confiscated an English bulldog and three bull mastiffs that were living on Rhames’ property.

If you or someone you love has been seriously injured because a dog owned by someone else attacked you, you may be able to file a personal injury claim against that person.

In Massachusetts, a dog owner or the person in charged of caring for the dog can be held liable for personal injury, unless the attack victim was teasing, abusing, or tormenting the dog or trespassing on the property where the dog resides.

Under the General Laws of Massachusetts, Chapter 140: Section 155:

Section 155. If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

Unlike personal injury cases involving car accidents, medical malpractice, and product liability, you do not have to prove that the owner was negligent in a dog bite case in Massachusetts.

Dog bite injuries can be serious and life threatening. Puncture wounds, severed limbs, facial disfigurements, and internal injuries, are just some of the injuries that can result during a dog attack. Post-traumatic stress and depression are other side effects that can result after a dog attack.

Police Identify Man Who Died in Dog Attack at Actor Ving Rhames' Home, Voice of America, August 6, 2007

Massachusetts Dog Bite Law

Related Web Resources:

Reporting a Bite, Town of Wayland, Massachusetts

Dog Bite Statistics, Dog Expert.com

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Posted In: Animal and Dog Bites

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A North Easton man who was seriously injured last Friday after a metal grate flew through his Toyota’s windshield while he was driving on route 128 is still in the hospital and is in stable but critical condition.

Pawel Swierzcynski, 39, had to be flow to Boston and taken to Brigham and Women’s Hospital after the accident that occurred early on the morning of July 27 in Westwood.

Massachusetts highway engineers are trying to figure out what caused the steel grate to become dislodged and fly into the car windshield.

Worried citizens had recently expressed concerns to that they were worried that one of the 24 grates on the storm drains could come loose. SPS New England, a contractor, had been ordered to secure all of them. Officials say they don’t know why the problem was not resolved.

The grates, also called steel catch basins, usually weigh approximately 250 pounds each and sometimes they are not held in place by anything but their own weight.

After the accident, MassHighway personnel spent the day welding the remaining grates in the area to prevent similar accident from occurring again. Construction had been taking place in the area, and officials are now going to be looking at other construction zones to see if a similar problem could occur.

Usually, catch basins are placed next to highways and roads. The basins were relocated to high-speed lanes because of the construction work in the area.

When a person is seriously injured because another party was negligent, the injured person may have grounds to file a personal injury claim.

Massachusetts law holds negligent persons responsible for the injured persons:

• Pain and suffering
• Past, ongoing, and future medical and recovery costs
• Any lost wages
• Expenses incurred to hire help while the injured person recovers
• Rehabilitation costs
• Property damage
• Permanent disfigurement
• Disability resulting from the accident
• Other costs resulting from the accident

Man still hospitalized after accident, Easton Journal, August 2, 2007

Catch Basin Cover Crashes Windshield, Injures Driver, The Boston Channel, July 27, 2007

Repairs On Loose Grate Ordered Before Accident, WBZTV.com, July 27, 2007

Related Web Resource:

SPS New England

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Massachusetts Governor Deval Patrick says that the state has 27 steel truss bridges that are similarly designed to the Minneapolis Bridge that collapsed on Wednesday but that none of them are in danger of collapsing.

Authorities in Minnesota continue to search for survivors, following the collapse of the eight-lane interstate bridge that injured at least 79 people, trapped up to 50 motor vehicles in the Mississippi river, left at least 20 people still missing, and killed at least 4 people.

The bridge took less than 4 seconds to fall 60 feet into the river, and the water under the collapsed structure is about 7 feet deep. The river currents are pushing around blocks of pavement and twisted steel and making it very difficult for divers to search for survivors.

Investigators say they will try to determine the cause of the collapse. A 2001 study by the Minnesota Department of Transportation discovered several “fatigue problems” in the bridge and that certain areas, if cracked, could cause a collapse.

In 2005, the U.S. Department of Transportation’s National Bridge Inventory database determined that the Minnesota Bridge was structurally deficient and it received a 4 rating on a scale of 0 to 9, signifying deterioration and advanced section loss.

A school bus filled with over 50 children (ages 5 to 14) that had just finished a summer field trip was one of the many motor vehicles on the bridge when it fell. Eight of the children were hospitalized and treated for their personal injuries as a result of the bridge accident.

In Massachusetts, Governor Patrick has asked state transportation officials to look at bridge inspection records to make sure that there wasn’t anything about the conditions of the current 27 bridges to trigger alarm. In 2006, former Massachusetts Governor Mitt Romney announced a plan to spend $1 billion over a five-year period to fix over 600 crumbling bridges in the state.

Massachusetts has 506 bridges that are “structurally deficient,” meaning that they received the same rating as the bridge that collapsed in Minneapolis. The rating means that a bridge is reaching the end of its lifespan.

After an accident as serious as a bridge collapse occurs, an investigation will have to take place to see who acted negligently or carelessly so that the accident occurred. The party or parties can be held liable by filing personal injury claims or wrongful death lawsuits against them. It is not uncommon for there to be more than one negligent party, and a good personal injury lawyer can help you file a successful injury claim.

Relatives hope, pray as river search continues, CNN.com, August 2, 2007

Patrick: 27 Mass. bridges similar in design to Minn. bridge, Boston.com, August 2, 2007

Related Web Resource:

National Bridge Inventory, U.S. Department of Transportation, IRE.org

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Posted In: Personal Injury

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