Boston Injury Lawyer Blog

According to University of Colorado School of Medicine researchers, children, especially those who are unsupervised while playing with or touching dogs, are at risk of suffering dog bite injuries. Just recently, a 10-year-old girl was attacked by two American bulldogs in a neighbor’s yard during a Massachusetts dog attack. The girl had to receive medical care for her several dog bites. The animals’ owners plan to euthanize them.

More findings from the researchers, who studied 537 children treated for facial dog bites:
• In almost 90% of dog bite cases studied, the child knew the animal.
• 51% of cases involved a family pet.
• 15% of dog bite cases studied involved a neighbor’s dog.
• 13% involved a friend’s dog.
• 10% involved a relative’s dog.
• A dog that bites someone once is at greater risk of attacking again; usually the second time will be more vicious.
• A child has a 50% chance of being bitten by a dog; 80% of those injuries will be to the head and neck.
• Adolescents have a greater chance than young kids of being bitten by an unknown dog.
• 22% of the dog bite victims had to receive in-patient treatment.

Our Boston dog bite accident lawyers are all too familiar with the type of injuries that can be sustained by children that have been injured in a Massachusetts dog attack. Some dog bite injuries can leave permanent physical and/or psychological scars that may impact a victim for life.

Children, of course, are not the only ones who can sustain serious injuries from a dog mauling. Recently, 41-year-old Karen Stewart had to be placed in a drug-induced coma after a bulldog mix bit her more than 20 times. She was brought to a Boston hospital for treatment of her injuries. The authorities have charged the animal’s owner with keeping a dangerous dog.

Bulldogs attack 10-year-old girl in Massachusetts, Bangor Daily News, November 25, 2010

Maine dog attack victim put into induced coma, Boston.com, November 16, 2010

Unsupervised Kids at Risk for Dog Bites, Web MD, November 11, 2010

Related Web Resources:
Dog Bites, Nolo

Facial Dog Bite Injuries in Children Affect the Eyes More Often Than Previously Reported, Medscape Today, October 29, 2010

Continue reading "Massachusetts Dog Attack Involving Two Bulldogs Injures 10-Year-Old Girl" »

Toyota, which is facing hundreds of lawsuits in the United States related to unintended acceleration injuries, now needs to fix coolant pumps in 650,000 Prius cars for model years 2004-07. Of those cars, 390,000 are in North America, and 378,000 are in the United States. Since last year, Toyota has recalled 14 million cars across the globe, including 11 million in the United States, for problems like defective gas pedals, floor mats and braking.

The Prius is a hybrid car that switches between a gas engine and an electric motor. In the 2004-07 models, air can get trapped in the coolant pump and cause a malfunction or overheating of the core hybrid system. According to Toyota, no accidents related to the coolant pump have been reported yet. Toyota is calling the push for repairs a “customer satisfaction campaign,” as opposed to a recall.

Toyota will begin notifying United States Prius owners in December and will cover the cost of the repairs.

In recent weeks, a federal judge in California ruled that lawsuits filed after Toyota’s recalls could move forward, while Toyota continued to assert that plaintiffs could not prove that a design defect was to blame for unintended acceleration.

Overheated cars can cause dangerous breakdowns and other costly complications. Car manufacturers should make sure that their products are safe, and when they don’t, they can be liable. At Altman & Altman, we have a team of experienced products liability attorneys who would be glad to help you.

Sources:
MSNBC: Toyota to fix 650,000 Prius hybrids, over heat
MSNBC: California judge won’t dismiss Toyota lawsuits
The Boston Herald: Toyota fixing coolant pump in Prius globally

Continue reading "Toyota to Fix Coolant Pump in Prius" »

A person was fatally injured on the southbound side of Kendall Square station in Cambridge today, an MBTA spokesperson told the Boston Globe. It happened around 11:30 a.m., and Red Line service has now resumed. It had been shut off between South Boston and Harvard Square and shuttle buses were put into service so that Transit police could investigate and responders could reach the victim.

We’ve recently seen an increasing amount of persons being injured or killed on the MBTA. Earlier this month, an 18-year-old was injured and a 21-year-old was killed on an MBTA bus. On the same day as that incident, police were called to investigate two other Red Line stabbings. At that time, riders were calling for more officers and security cameras. While the facts of this article are unclear as to the cause of the fatal injury, there is no mention of an accident, and this too may have been the result of an attack.

These kinds of criminal attacks that keep occurring on MBTA premises could give rise to negligent security personal injury or wrongful death claims. Owners or managers of premises that serve the public, like the MBTA, can be liable for injuries caused by criminal acts of third parties where the risk of the criminal attack is foreseeable. Here, given the recent rash of criminal attacks on the MBTA and particularly on the Red Line, these acts should be becoming more and more foreseeable.

At Altman & Altman, we have extensive experience handling MBTA accident and negligent security claims. In our more than 40 years of experience, we have helped victims and their families recover medical bills, lost wages, pain and suffering, and other claims related to their injury.

Sources:
The Boston Globe: Red Line service restored this afternoon: investigation into Kendall Square death continues
The Boston Globe: Man killed, 1 injured in stabbings on bus

Continue reading "Person Fatally Injured on the Red Line" »

A rollover in Braintree on Tuesday afternoon resulted in a 94-year-old Hull woman being injured, police told the Boston Globe. They said that her vehicle was struck by another one on Quincy Avenue. It came to a stop on its roof, and Braintree firefighters had to help get the woman out of the vehicle. The woman was taken to the South Shore Hospital in Weymouth, and her condition is not currently known. She is in the intensive care unit. The driver of the other car, a 39-year-old woman from Quincy, was cited for a lane violation.

The fact that this second driver was cited for a lane violation could indicate that she was negligent. At Altman & Altman LLP, our car accident lawyers investigate accident scenes, retain experts and examine all evidence to determine whether persons have grounds for a personal injury claim.

Our firm can also look into the possibility that automobiles or auto parts were defective when, as in this case, there is a rollover situation. The NHTSA reports that in 37 percent of fatal crashes, SUVs rolled over. Defective designs with unstable, high centers of gravity have been found to cause rollover tendencies in certain SUV brands.

Source: The Boston Globe, Woman, 94, injured in Braintree rollover

Continue reading "Braintree Rollover Leaves 94-Year-Old Woman Injured" »

Thanksgiving right around the corner, and many of us are looking forward to eating delicious turkey--whether it be cooked traditionally in the oven or deep-fried. Although deep-fried turkeys are a tasty and fun alternative, turkey frying can be extremely dangerous. Turkey-frying accidents can cause serious burns from hot oil heated at more than 350 degrees. Turkey fryers are fired by propane tanks that can cause devastating fires. Temperature controls can sometimes malfunction because of a defect in the appliance. Even worse, the appliance might not even have temperature controls. Given these possibilities, it is important to observe safety measures to prevent personal injury from ruining your holidays.

Tips to Keep You and Yours Safe if You’re Frying Your Thanksgiving Turkey:

1. Do not fry the turkey indoors. Make sure that the fryer is a safe distance from your home.
2. Keep children and pets away from the cooking area.
3. Get a big pot and a smaller-sized turkey.
4. Make sure that the base of the fryer is secure.
5. Always keep the turkey fryer in view.
6. Check the temperature of the oil often.
7. Cover skin to avoid burns.

Continue reading "Prevent Thanksgiving Turkey Fryer Injuries" »

The family of Vincent Cilia has settled their Boston wrongful death lawsuit against the Massachusetts Turnpike Authority and a number of contractors for $9 million. Cilia, a Massachusetts state trooper, suffered fatal injuries July 2005 when he was thrown off his motorcycle and struck the handrails in a Big Dig tunnel.

In their Suffolk County wrongful death complaint, Cilia’s family alleged that the handrails on the walkways in the tunnels are poorly designed. They compared the rails to the blades from a shredder in terms of the danger they can pose to motorists. Six other deaths have been linked to the rails. Most of the victims were dismembered after striking the them. One person survived but lost an arm.

The handrails are a little over 3 feet off the ground and approximately the height of a car window or motorcycle seat. The railings are supposed to support workers on walkways so that they don’t fall into traffic. While state officials have insisted that the handrails’ design is safe and complies with safety standards, The Boston Globe is reporting that newly obtained documents show that in 1992, the US Department of Transportation warned the Big Dig project director that there rails might pose a hazard. The director, however, replied that the rails were safe.

Experts, too, have questioned the safety of the handrails’ bars and raised questions about whether the rails posed a vehicle entanglement hazard because they were spread too wide apart from each other. Some of them thought that the railings could be less dangerous if their location was higher up.

If you lost someone you love because of a hazard on the road that should have been remedied or removed, you may have grounds for a Boston wrongful death case. Roads, highways, intersections, tunnels, bridges, crossing lanes, and sidewalks are supposed to be constructed in a manner that is safe and hazard-free.

Big Dig lawsuit settled for $9m, Boston.com, November 23, 2010

Big Dig trooper death lawsuit settled for $9M, Boston Herald.com, November 23, 2010

Boston Wrongful Death Lawsuit Claims Big Dig Tunnel’s Handrails are a Danger, Boston Injury Lawyer, February 22, 2010

Related Web Resources:
Boston Car Accident Lawyer Blog

Treacherous Railings in Big Dig tunnels

The Big Dig, MassDOT

The widow of Marquis Barker has filed a $4 million Boston wrongful death lawsuit against the city over his fatal shooting by police officers. In her civil complaint, Kim Sanders Barker contends that cops should have called in a mental-health professional rather than using a gun to apprehend her husband. She is alleging Massachusetts excessive use of police force and civil rights violations.

Barker died on November 21, 2007 in a Walgreens parking lot. Police who approached him in the police cruiser he had stolen thought that he was carrying a semi-automatic gun when, in fact he was holding a non-lethal pellet gun.

Kim Barker says that after her husband left their house with the gun, she contacted 911 and told the dispatcher that not only was he carrying the gun, but also that he had suffered a breakdown and was diabetic. She contends that although there were cops who knew that her husband was mentally impaired, they failed to notify the officers who arrived at the scene. She also notes that even without any notice, her husband’s diminished physical and mental capacity should have been obvious. She says that police at the scene should have asked for a crisis negotiator or sought medical or psychiatric help for her husband rather than shooting him.

Noting that the pellet gun was designed to look like an SIG combat pistol and that this caused the cops to fear for their lives when Barker appeared poised to fire it, the Suffolk County District Attorney's Office has cleared the officers of wrongdoing related to the incident. However, Kim Barker, in her Boston wrongful death complaint says that the officers fired at her husband without provocation or warning.

Wife of slain man sues city, Boston.com, November 20, 2010

Widow of man shot to death by police files wrongful-death lawsuit, Dorchester Report, November 21, 2010

Related Web Resource:
Boston Police Department

World Against Toys Causing Harm Inc., a Boston nonprofit, has identified the 10 toys it the marketplace that it considers to be the worst in terms of hazards they pose to kids. The list is out just in time for the holiday shopping season.

Our Boston personal injury law firm wants to remind you that if your son or daughter was injured by a toy that malfunctioned or was defective in some way, you may have grounds for Massachusetts products liability case against the manufacturer, seller, distributor, and/or another liable parties.

Included in WATCH's 2010 List of Most Dangerous Toys:

• Spy Gear Split-Blaster: WATCH warns users not to aim toy at face or eyes and to only use the darts that come with it. Can cause eye injuries.

• Supasplat Splatblaster: Can cause facial, eye, and other impact injuries. Use glasses that come with the toy. However, the glasses are just a toy and do not provide real protection. Do not aim at or close to an animal or another person.

• Buzz Magnets: Small magnets can prove fatal if swallowed and they get stuck in the intestine.

• Kung Fu Panda Sword of Heroes: Sword can cause impact injuries.

• Ballzillion Tug Boat Play Center: This is a toy and not a flotation device. Don’t use near a pool. Can cause injury or death.

• My First Mini Cycle: Do not use near or on a hill, sloped driveway, staircase or swimming pool. Users risk head and other impact injuries. Kids should use a helmet.

• Pull-Along Caterpillar: Pull string can pose a choking hazard.

• Animal Alley Pony: Long, fiber-like hairs can come off easily and may pose an aspiration or ingestion hazard.

• Big Bang Rocket: May cause hearing damage if used too close to the ears.

• Walkaroo II Aluminum Stilts: Don’ use close to swimming pools, stairs, uneven surfaces, or steep inclines. Falling from the stilts can cause head or other impact injuries.

Toys are made specifically for kids. There is no reason why they should be dangerous enough to cause serious injuries or death to a child. Unfortunately, ever year, there are children who are hurt because a toy or another consumer product proved unsafe for use, malfunctioned, or did not come with the proper warnings.

10 Worst Toys, WATCH

Related Web Resources:
Boston-Based Consumer Watchdog Announced 2009 List of 10 Most Dangerous Toys, Boston Injury Lawyer Blog, November 20, 2009

Recalls and Product Safety News, Consumer Product Safety Commission

SafeKids USA

Continue reading "Boston Nonprofit WATCH Issues its Worst Toys List for 2010" »

Yesterday evening, a man was hit by an MBTA commuter rail train in Lynn, the Boston Globe reported. It is alleged that the man was on the tracks when the Newburyport/Rockport line train hit him. He was taken to Beth Israel Deaconess Medical Center by Medflight, and his condition is not known.

Owners and managers of places (in this case, for example, the MBTA) can owe legal duties to prevent harms to persons who are on the premises. This is an area of personal injury (tort law) that is called premises liability.

Premises liability law and tort law in general differ from state to state. In some states, the nature and scope of the duty owed to the entrant is focused on the status or classification of the entrant, but in other states there is a more general duty. An “invitee” is any person (1) who is on the premises at least partly for the pecuniary benefit of the owner; or (2) who is on property that is open to the public. A “licensee” is any person who has permission to be on the premises but with limited license. A “trespasser” is a person who does not have a right to be on the premises and enters without express or implied consent from the owner. Social guests are traditionally licensees because they aren’t on the property for the financial benefit of the owner. In the example above, the injured person is an “invitee” because he was at the train station at least partly for the pecuniary benefit of the MBTA and because the train station is a public place. Therefore, in any state, this man would be owed a duty of reasonable care.

One tort law concept raised by this story is contributory negligence. At the common law, if a person was injured partly because of his or her own negligence, then they could not collect any money from the other party. Many consider this to be a very bad rule, and the following example might be illustrative of why that is: If Person A was driving drunk and over the speed limit and injured Person B who was driving carefully and within the speed limit but was 6 inches over the center line in a car crash, most likely Person B could not get any compensation for her injuries because her negligence “contributed” to the crash. Because of these often unfair results, less strict “comparative fault” rules were adopted. Under comparative negligence rules, a person can still recover even if he or she contributed to the accident, but their damages will just be reduced by the amount of their own negligence. Massachusetts is a modified comparative negligence state, meaning that a claimant will only be precluded from recovery if his negligence was greater than that of all of the defendants. In the example above, the man probably had some degree of negligence since he was standing in the tracks, but there are a variety of things that we don’t know from this story. We don’t know how he ended up in the tracks, and that is very important. For example, if he slipped and fell because of the carelessness of another person or if he was pushed into the tracks by a person who should have been stopped by MBTA security, the MBTA could be completely at fault.

Continue reading "Man Hit by Train in Lynn" »

A young girl stopped breathing while inside a water toy attraction at the Pump ‘n’ Jump store at Independence Mall in Kingston. The store allowed children to climb into and walk or float in an inflatable 6-foot ball. It is a popular toy, and the Cape Cod Mall in Hyannis has a similar ride.
The girl’s condition is unknown, but she was taken to a hospital. The ride has been suspended, and the safety of the water walking balls in under investigation.

Source: The Boston Globe, Girl in Mass. Stops breathing inside water ball

Property owners or managers can be liable for unsafe conditions on their premises that injure customers. Manufacturers, retailers and others can be liable for injuries caused by their defective and dangerous products.

Continue reading "Girl Stops Breathing Inside Mall Water Toy Attraction" »

Three years after Brian and Beverly Mauck were murdered, their families and the couple’s respective estates are suing 15 employees or supervisors of the Massachusetts Department of Correction, the Masachusetts Commonwealth Fusion Center, and Worcester County District Attorney’s Office for their wrongful deaths. The Maucks were fatally shot in their home by Daniel Tavares, Jr. on November 17, 2007. Now, their family is seeking over $20 million in damages.

Tavares, who was the couple’s neighbor, had been released from a Massachusetts prison just five months prior to their murders. He had just finished serving 16 years for murdering his mother.

Tavares later admitted that he killed the Maucks because he thought that Brian owed him $50 for a tattoo. He has since pleaded guilty to the Maucks’ slayings.

Tavares shot Brian, 30, in the temple and in the back of his head. He shot Beverly, 28, multiple times at close range. He is serving a life term in prison without the possibility of parole.

An investigation after the couple’s murder revealed that Massachusetts corrections officials could have kept Tavares in prison for almost another year if only they had documented his two assaults on others while behind bars. More than 100 serious disciplinary complaints were filed against him while he was serving the first murder sentenced.

After Tavares fled to Washington State, an arrest warrant was issued but it could only be enforced in Massachusetts’ neighboring states. Investigators also determined that Massachusetts authorities did not turn Tavares over to the state of Florida, where he had an outstanding warrant. They also failed to let Washington authorities know that Tavares had moved there.

The wrongful death lawyer for the Mauck family filed this lawsuit in Washington because of statute of limitation restrictions. The family filed a tort claim in Massachusetts last year seeking $16 million to $20 million.

Family of slain Washington state newlyweds suing Mass. officials, Telegram.com, November 16, 2010

Family of slain Graham couple seeks $20M over killer's early prison release, The Seattle Times, November 11, 2010

Massachusetts to be Sued for Wrongful Death of Couple Murdered by Convicted Killer Tavares, Boston Injury Lawyer Blog, March 9, 2010

Related Web Resources:
Massachusetts Department of Correction

Massachusetts Commonwealth Fusion Center

Worcester County District Attorney’s Office

One man died and one was rescued after a lobster boat capsized on Sunday. The rescued man was found on Little Brewster Island, a Boston Harbor island, and was taken to Massachusetts General Hospital. The other man was found unresponsive in the water and was taken to the Coast Guard Point Allerton Station where he was pronounced dead.

The boat, called the Jacquelyn Ann, had left the Wessaguesset Yacht Club in Weymouth around noon on Saturday to retrieve lobster traps from Hull.

The Boston Globe: One rescued, one dead after boat capsizes

Sometimes, boat accidents are simply accidents where no one is to blame. Other times, boating accidents can be caused because of careless operation, operator inexperience, alcohol use, speeding, or defective products. If you or someone you know has been injured in a boating accident and you are not sure whether you have a personal injury claim, call the attorneys of Altman & Altman LLP today.

Continue reading "Capsized Boat Leaves One Dead" »

Early Sunday morning, the second armed robbery in three days near Harvard campus occurred. Kai Robert Kruger, a 21-year-old Cambridge man, shot at a police officer after robbing three Harvard freshmen.

Before the police arrived, Kruger stole the students’ credit cards, wallets and cell phones. Police spotted a man acting suspiciously, and when they stopped to investigate, he fled and fired shots. The man, later determined to be Kruger, missed and fell down a flight of stairs. He was then disarmed and taken into custody.

Early Thursday morning, a man unaffiliated with Harvard was the victim of an armed robbery in Harvard Yard. It is unclear whether the two incidents were connected.

Harvard Police told the Boston Globe that they have added patrolling officers to increase their visibility on campus.

Source: The Boston Globe, Second armed robbery in three days near Harvard campus

Negligent security on college campuses is a very common problem. If you have been injured as a result of negligent college campus security, you might be entitled to compensation.

Continue reading "Two Armed Robberies in Three Days Near and On Harvard Campus" »

The family of Marie Evans is suing is Lorillard Tobacco Co. for her Massachusetts wrongful death. Evans died of lung cancer in 2002. She was 54 and had been smoking for more than 40 years. The Boston wrongful death trial opened in Suffolk Superior Court today.

The family blames the tobacco company for Evans’ addiction to tobacco. They contend that the cigarette company got her hooked on smoking when she was a young girl by giving her and other black children free samples of Newport cigarettes. They claim that white trucks transported the cigarettes to urban neighborhoods and that Lorillard Tobacco purposely enticed Evans with the giveaways. Three other companies that gave out the Newport cigarettes in the Boston area are also named in the Suffolk County wrongful death lawsuit.

According to her family, Evans received her first free cigarettes when she was 7 or 8, started smoking when she was 13, and ended up smoking a pack and a half of Newport cigarettes a day. She reportedly tried quitting some 50 times during her life but was unable to because she was addicted to cigarettes. Evans continued smoking after she suffered a heart attack in 1985 and doctors told her she should stop.

Although Lorillard Tobacco admits to giving away free cigarettes from the 50’s through the 80’s, its attorney contends that children were never targeted. The tobacco company is arguing that it shouldn’t be held liable for any harm that Evans suffered after 1966 when cigarette labels had to come with warnings.

Tobacco Lawsuits
Evans’ family is not the only one to ever sue a tobacco company over a loved one’s wrongful death. Over the years, many people have died because of their addiction to smoking. Also, smoking cigarettes has been linked to not just several kinds of cancer, but also, heart disease, pregnancy complications, vascular disease, cerebrovascular disease, pulmonary disease, and large cell carcinoma.

Cigarette co. says it never gave freebies to kids, Washington Post, November 12, 2010

Kin sue tobacco firm over samples, Boston.com, November 12, 2010

Related Web Resources:
Lorillard Tobacco Co.

FDA Wants Your Input on Cigarette Warnings, FDA

A Framingham District Court judge won’t let Ruby McDonough testify about allegations she made claiming that she was the victim of Subdury nursing home sexual assault. The 63-year-old woman claims that her former nursing aide, Kofi Agana, assaulted her last year at the Sudbury Pines Extended Care assisted living facility. Another judge then ruled that McDonough, who suffers from expressive aphasia, was incompetent to testify at the trial.

Although the Massachusetts Supreme Judicial Court said the decision violated her rights, Judge Robert Greco says there is no reason for McDonough to take the stand because Agana, who is charged with one count of assault and battery on a disabled person older than 60 and two counts of indecent assault and battery on a disabled person older than 60, is being held in Miami and waiting for deportation.

McDonough’s condition prevents her from giving long answers to questions. However, she can respond to yes or no questions and use gestures to express herself.

According to her Boston lawyer, McDonough has the right to have the incompetency ruling against her overturned because the court did not accommodate her disability. It was just earlier this year that the Supreme Judicial Court ruled that witnesses who are disabled must get the proper accommodations that will allow them to testify in court.

Massachusetts Nursing Home Sexual Assault
Nursing homes are supposed to protect patients from Boston nursing home abuse, neglect, and assault. Unfortunately, there are nursing home workers who continue to abuse their authority over their patients by neglecting them or causing them physical or sexual harm. If your loved one was harmed by a nursing home worker, another patient, or a visitor to the assisted living facility, you should report the incident right away, remove your loved one from the dangerous situation, and explore your legal options.

A few other examples of Boston, Massachusetts nursing home abuse:
• Inappropriate use of restraints
• Overmedication
• Verbal abuse
• Emotional violence

Judge: Sudbury Nursing Home Resident Can't Testify About Alleged Assault, Sudbury Patch, October 28, 2010

Alleged victim in nursing home assault not allowed to testify, The MetroWest Daily, October 28, 2010

Related Web Resources:
Nursing Homes, Mass.gov

Nursing Home Compare, Medicare.gov

Aphasia, National Institute of Neurological Disorders and Stroke

Continue reading "Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can’t Testify, Says Judge" »

There was a fire in the Downtown Crossing MBTA station Saturday night that caused evacuations. It started around the wheel and firefighters extinguished it and cleared the scene. There are no reported injuries as of yet.

Many times when there are fires, injuries can be less apparent. For example, smoke inhalation can make people sick, but the effects might not be seen immediately. Other injuries like burns tend to be more obvious.

The risk of injury on the MBTA is always at hand, whether you use it daily or only once in a while. MBTA injuries can occur for a variety of reasons, including unsafe conditions on the premises. Such injuries can be serious, and they can also create financial burdens on you and your family. Depending on the circumstances, those injured might be entitled to compensation for medical bills, lost wages, damage to property, pain and suffering, and more.

Continue reading "Fire in Downtown Crossing MBTA Station" »

An unidentified 18-year-old was injured and 21-year-old Richard Allen was killed on an MBTA bus on November 2, 2010, the Boston Globe reported. Both were stabbed as the bus traveled down Humboldt Avenue near William Monroe Trotter elementary school. A police spokesperson told the Globe that both Allen and the 18-year-old were reputed gang members and that this was not a random attack. Allen was arrested in June for a Dorchester armed robbery and had a pre-trial conference scheduled for Monday.

This was the third time a person has been killed on an MBTA bus in three years. Later that same afternoon, police had to investigate two Red Line stabbings in which a 17-year-old suffered chest wounds and an 18-year-old suffered hand wounds. Many MBTA riders and Humboldt-area residents interviewed by the Globe called for more security officers and cameras on buses. No security camera was on Allen’s bus at the time of the fatal attack.

Lack of security cameras and failed security systems can give rise to inadequate security personal injury claims. Typically these types of claims involve serious injuries or death from criminal attacks like robberies, assaults, sexual assaults, stabbings or shootings that happened because the owner or operator of a public place negligently failed to keep his premises safe.

Continue reading "Roxbury Man Killed, Teen Injured on MBTA Bus; Riders Call for Better Security" »

The Readville neighborhood residents whose homes were damaged from Wednesday’s explosion on Danny Road are now assessing damage, according to the Boston Globe. Dozens of windows were shattered and one homeowner believes that her house was moved from its foundation.

After the explosion, 40 homes had to be evacuated. According to residents interviewed by the Globe, windows were broken, pink insulation and smoke went through the air, and it felt like an earthquake.

The explosion occurred when a Defelice Corp. contractor accidentally cut into a gas line causing gas to seep into a nearby home. The general manager of Defelice claims that all proper safeguards were taken and all notifications were made prior to digging. Defelice had been subcontracted by the Boston Water and Sewer Commission to work in the neighborhood.

An NSTAR spokesperson told the Globe that Defelice did not contact Digsafe about their plans for Danny Road.

On-site explosions are a common cause of devastating personal injuries and damage to property. When explosions are caused by negligence, a person involved may be entitled to compensation for medical costs, property damages, lost wages, pain and suffering and possible punitive damages.

Continue reading "Residents Assess Damage from Readville Gas Explosion" »

Nearly two years after Lieutenant Kevin M. Kelly died from injuries he sustained when Boston Fire Department Ladder 26 sped down Parker Hill Avenue in Mission Hill before crashed through a brick wall and into a building, his family is suing six companies for Suffolk County wrongful death. The defendants of the case are Woodward’s Auto Spring Shop Inc. of Brockton, Damian Diesel Inc. of Avon, Broadway Brake Corp. of Somerville, Boston Freightliner Inc. of Everett, Bay State Auto Spring Manufacturing Co. of Roxbury, and Suspension Specialists Inc. of Allston. The city had contracted the companies to maintain or inspect the fire truck’s braking systems.

In their Boston wrongful death lawsuit, the plaintiffs, Kelly’s widow Gloria and daughter Susan, are accusing the defendants of gross negligence, installing the wrong parts, faulty brake work, and failing through proper inspection to notice the errors that had been made. The 52-year-old firefighter had been riding in the front passenger seat on January 9, 2009 when the brakes on Ladder 26 failed. Kelly died from the massive head trauma he sustained during the Boston truck crash. The other firefighters who were on the firetruck with him sustained injuries, as did four of the children who were in the computer learning center of the building that the truck had struck. Kelley’s family is seeking unspecified damages from the defendants.

Defective or Faulty Brakes
A driver cannot afford to have the brakes of his/her vehicle malfunction. The inability to slow down or stop a vehicle can result in tragic consequences.

Depending on the circumstances surrounding your brake malfunction, there may be more than one party who should be held liable for the defective brakes, such as the manufacturer of the car or the brakes or the company in charge of repairing, maintaining, and/or inspecting the them.

Family files lawsuit over firefighter’s death, Boston.com, November 2, 2010

Boston firefighter killed when ladder truck crashes into building, AP/FireRescue, January 9, 2009

Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors, Boston Injury Lawyer Blog, January 11, 2009

Related Web Resources:
Boston Car Accident Lawyer Blog

Boston Fire Department

Continue reading "Boston Wrongful Death Lawsuit Filed by Family Firefighter Killed in Fire Truck Crash Caused by Brake Failure" »