Boston Injury Lawyer Blog

According to the Boston wrongful death lawyer of William Nichols’ family, the propane tank that exploded to cause his fatal Norfolk, Massachusetts construction accident last summer did not have ethyl mercaptan, a chemical odorant used to warn when there is a propane leak. Nichols, a 48-year-old Blackstone electrician, was working on the air conditioning and heading system of a duplex under construction on July 30 when the tank explosion occurred. He ended up buried in debris for over 90 minutes.

Nichols’s family reportedly plans to file Boston wrongful death complaints against Smolinksy Brothers Plumbing and Heating Service, the company that installed the heating system and EnergyUSA, which was responsible for installing the gas tank. The reports, issued by State Police and the state fire marshall, appear to clear DCP Midstream LLC, which delivered the gas.

Injured in the Norfolk propane blast were 72-year-old Foxboro resident David Bethel and 43-year-old Franklin local Robert Dena, who were both working for Deno Electric, Inc., 25-year-old Norfolk resident and Prevett Heating and Cooling employee William Prevett, 17-year-old Wrentham resident Thomas DiPlacido, and 58-year-old Norfolk local Mary Jackson, who lived in the adjacent condo. Firefighters John Zajac and David Payne were also injured.

Boston Construction Accidents
While employees generally cannot sue their employers for Boston personal injury or wrongful death, they are likely entitled to Massachusetts workers’ compensation for their work-related injuries, illness, or death. However, they can still file civil complaints against third parties that are not their employer who may have contributed to causing their Boston construction accident.

Rescued worker at Norfolk condo explosion dies, NECN, July 31, 2010

Propane tank in fatal blast lost telltale chemical, lawyer says, Boston.com, December 30, 2010

Related Web Resources:
Ethyl mercaptan, OSHA

Construction Accidents, Justia

Labor and Workforce Development, Mass.gov

Massachusetts Workers' Compensation Lawyer Blog

General Motors Co.’s Cadillac division is recalling approximately 95,927 CTS sports sedans in its 2005, 2006, and 2007 model lines to repair a possible problem with the sensing system in the frontal passenger seats. The sensing mat is supposed to detect the relative weight of the passenger, control airbag deployment, and give warning when a briefcase or heavy handbag is on the seat. However, with some of the vehicles, flexing the mat repeatedly can cause it to bend, kink, or fold. This can break the mat’s electrical connections and cause the sensor to fail and possibly disable the air bag, which can prove fatal during a catastrophic Boston car accident.

GM is also recalling more than 97,000 2011 model vehicles because of a problem with the safety belt buckle anchor on the front seats. Breakage close to the seat attachment can occur during a car crash, which can result in serious injuries. Local GM dealers will inspect the seat belts for free. GMC Terrain vehicles, Cadillac SRXs, and Chevrolet Equinox autos are affected by the recall.

Meantime, the US government is looking at whether about 384,000 Saturn ION compact cars should have been part of an earlier recall. That recall involved over 1 million GM vehicles over a power steering issue. The National Highway Traffic Safety Administration says it has received hundreds of complaints over this issue that has, in some instances, resulted in traffic collisions.

While recalls are positive in that potential safety hazards are remedied before they cause serious Boston injury or wrongful death, many recalls aren't made until after auto collisions have already occurred. There are also vehicles with safety defects that never end up being part of a recall and continue to pose a serious hazard to passenger occupants and others on the road. Our Boston products liability lawyers want to remind you that if you believe that an auto defect or malfunction caused your Massachusetts car crash, you may be able to hold a negligent manufacturer liable.

According to The Detroit News, there were about 600 recall campaigns involving over 19 million vehicles this year. About 7 million of the autos in 18 campaigns belonged to Toyota alone.

Cadillac Recall: More Safety Gear Can Mean More Recalls, The Wall Street Journal, December 29, 2010

Feds Open Probe into Whether GM Should Recall Saturn ION Models, Daily Finance, December 28, 2010

GM Recall: Cadillac SRX, Chevrolet Equinox And GMC Terrain Models Affected – Latest Info, Star Global Tribune, December 28, 2010

2010 Likely Busiest Year for Auto Recalls in Seven Years, Daily FInance, December 29, 2010

Related Web Resources:
Sign up to get recall alerts, Safercar.gov

National Highway Traffic Safety Administration

With weather conditions sure to deposit more snow in the region, property owners will have to work extra hard to make sure that Massachusetts slip and fall accidents do not happen on their premises. While preventing this type of premises liability accident is a challenge every winter, the Supreme Judicial Court recent ruling that overturned Massachusetts’ legal standard for snow and ice cleanup on private property may make it easier for an injured party to hold a negligent owner liable.

Under the previous standard, a Massachusetts slip and fall accident victim claiming injury had to prove that the landowner was negligent and that man-made or “unnatural” causes caused the snow hazard. Now, the injured person only must prove that the landowner was negligent or neglected to use reasonable care to remove the hazardous snow or ice conditions. It doesn’t matter whether nature or a human caused the slip hazard. Public sidewalks and streets, however, are exempt from the ruling.

The SJC ruling involves a Danvers, Massachusetts slip and fall accident. In 2002, plaintiff Emanuel Papadopoulos fell and fractured his pelvis at the Liberty Tree Mall parking lot in front of a Target Corp. store. In addition to revising the "reasonable care" standard, the SJC overturned earlier rulings that favored Target and the snow removal company and returned the case to a lower court for consideration under the now new standard. The Danvers premises liability lawsuit has yet to be resolved.

As our Boston personal injury law firm has said in the past, slip and fall accidents can result in extremely painful injuries. Broken bones, hip injuries, shoulder injuries, back pain, neck injuries, traumatic brain injuries, and death can be among the more serious outcomes.

Storm's aftermath tests court ruling, Cape Cod Times, December 22, 2010

SJC upends 100 years of slip-and-slide law, Boston Business Journal, July 26, 2010

Related Web Resources:
Slip and Fall Accidents, Boston Injury Lawyer Blog

Massachusetts Supreme Judicial Court

Slip and Fall, Nolo

Continue reading "Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC " »

A Worcester jury has awarded Laura M. Ginisi and Joseph A. Ginisi nearly $2 million for Massachusetts medical practice in their case against St. Vincent Hospital. Joseph, 63, is now legally blind and cannot walk without assistance.

In their Worcester, Massachusetts medical malpractice complaint, the couple claims that the hospital misdiagnosed several of Joseph’s strokes and delayed the treatment he required for cancer. They claim that he sustained physical and mental injuries after going to the hospital for medical care in January 2004. Since that year, Joseph, an ex-trucker, has lived at the Millbury Health Care Center.

Joseph told his wife that he was feeling unwell on January 23, 2004. He went to St. Vincent where he underwent a CT scan. Doctors thought that the scan showed old lesions. They diagnosed him with vertigo, told him to take medication and follow up with a doctor, and discharged him. However, results from an MRI that he later took showed that he recently suffered strokes.

Joseph’s condition deteriorated to the point that he couldn’t see or talk. A brain biopsy performed at St. Vincent showed that he was suffering from a cancer called intravascular lymphoma and he was transferred to Massachusetts General Hospital.

Unfortunately, according to the couple’s Boston medical malpractice lawyer, St. Vincent failed to immediately send the biopsy slides and blocks to the Boston hospital. He contends that Joseph would have suffered less injury if only his cancer had been diagnosed sooner.

The jury is ordering St. Vincent to pay Joseph $1,394,160 in Worcester medical malpractice damages and $500,000 to Laura for loss of consortium. Joseph is not expected to be able to live at home ever again.

Cancer Diagnosis
It is imperative that doctors correctly diagnose your cancer in a timely manner. Delayed diagnosis, wrong diagnosis, and delay in providing treatment can make a huge impact in your chances of recovery, as well as determine the type of care that you need to recover. For example, more invasive, costly, and painful medical care may be required, and in some cases, a death that could have been prevented with timely and proper care can result. Other serious and permanent side effects can also result from cancer misdiagnosis or delayed diagnosis.

Millbury couple wins malpractice case against St. Vincent, Telegram.com, December 15, 2010

Couple Gets $2M For Hospital Misdiagnosis, WCVBTV, December 15, 2010

Related Web Resources:
Misdiagnosis of Cancer, Wrong Diagnosis

American Cancer Society

A Suffolk Superior Court judge has awarded $152 million in punitive and compensatory damages to the estate of Marie Evans for her Boston wrongful death. The 54-year-old Roxbury woman died of lung cancer in 2002. $71 million is for compensatory damages. $21 million of this is for her son William. $81 million is for punitive damages.

The Suffolk County wrongful death complaint blamed cigarette maker Lorillard for getting Evans hooked on cigarettes at an early age. At just age 9 she was given free samples of Newport cigarettes through a targeted marketing campaign that involved a vehicle driving through the Orchard Park housing development so free cigarettes could be doled out. Prior to her passing, Evans spoke on videotaped depositions about how she started smoking the cigarettes at age 13. She says that she was too addicted to the cigarettes that she couldn’t stop smoking them even though she tried a number of times.

Lorillard continues to maintain that it never used free cigarettes to target youths. The cigarette maker intends to appeal the Boston wrongful death verdict.

The jury found Lorillard liable on a number of accusations, including negligence related to its marketing of Newports to kids, failure to warn Evans about health risks from smoking, acting in a willful, malicious, and wanton manner, and breach of warranty through distribution of a dangerous product. They held Lorillard 70% liable for Evans’ death and found her to be 30% liable.

Smoking cigarettes:
• Is addictive.
• Can cause cancer.
• Attaches tar to the lungs’ linings.
• Releases carbon monoxide in the body.
• Impacts the skin.
• Can cause bad breath.
• Is linked to the development of cardiovascular diseases, heart disease, emphysema, chronic bronchitis, respiratory disease, and cancer.

You may be able to hold the party responsible for your loved one’s Boston wrongful death liable for damages.

Son wishes mother was alive, not the reason for $152M verdict against tobacco company, Boston.com, December 16, 2010
Jury Awards $71 Million In Lorillard Lawsuit, WFMY, December 14, 2010

Related Web Resources:
Lorillard Inc.

Massachusetts Wrongful Death Suit Against Tobacco Company Goes to Jury, Boston Injury Lawyer Blog, December 6, 2010

Questions about smoking, tobacco, and health, Cancer.org

A water main broke in Chelsea around 2 a.m. on Wednesday, and workers will have to replace 12 feet of pipe. A director of Chelsea’s public works department suggested that the pipe broke because it was old and not because of the cold weather. The weather did, however, create icing conditions on Broadway and Beacon St. sidewalks where the water ran.

Icy sidewalks are a main cause of Massachusetts slip and fall accidents. These kinds of accidents can result in broken bones, head or neck injuries, and other serious and painful injuries. In a city like Chelsea, which offers various assisted living options and a nursing home, it is particularly important to take care that premises are safe because persons older than 75 are six times more likely than younger individuals to die as a result of a slip and fall. Slip and fall deaths don’t affect only the elderly, though. Every year, more than 17,000 people die because of slip and fall accidents.

When a property owner unreasonably fails to remove snow or ice accumulations on his/her premises, a person injured as a result may be entitled to compensation. There is no longer a legal distinction between natural and unnatural accumulations in Massachusetts, and plaintiffs no longer have to prove that the snow or ice was in any kind of abnormal state.

Source: The Boston Globe, Repairs underway to Chelsea water main

Continue reading "Water Main Break in Chelsea Leads to Icy Sidewalks" »

A jury awarded $71 million Tuesday to the family of Marie Evans, a deceased smoker from Roxbury, in a legal triumph against the cigarette company Lorillard, Inc. Evans’ estate was awarded $50 million in compensatory damages, and her son was awarded $21 million. A hearing on punitive damages is set for Thursday.

Plaintiffs said that Lorillard targeted black children by handing out free samples of Newports. Jurors viewed a videotaped deposition, taken weeks before Evans’ death, in which she said that she started being given the samples at only 9-years-old. She said that a man, known as “the cigarette man,” would pass out cigarettes from a white truck.

Lorillard said that Evans was responsible for her own death because she continued to smoke, even after suffering a heart attack and discovering that her father had died of lung cancer.

According to the Campaign for Tobacco-Free Kids, African Americans have the highest tobacco-related mortality rate of any racial or ethnic group. Newport is the most popular cigarette brand among African-American young people, with 8 out of 10 young, black smokers choosing Newport, according to that website. Cigarette marketing has historically been more aggressive in low- income and minority communities.

Sources:

The Boston Globe, Mass. jury rules against Lorillard, awards $71M to dead smoker’s family

Campaign for Tobacco-Free Kids, Tobacco Company Marketing to African Americans

If you have lost a family member because of the negligent conduct of another person or entity, contact a wrongful death attorney today.

Continue reading "Jury Awards $71 Million to Marie Evans' Family" »

Police have identified the woman who was fatally struck in an Andover pedestrian accident on Sunday as Cynthia Anne Ray. The 30-year-old woman was walking to the state police barracks on Route 125 when the catastrophic incident happened.

At the time of the Andover, Massachusetts car accident, Ray was going to pick up an accident report because her husband had involved in a separate collision earlier that day. The driver of the Chevy pickup that struck Ray, 50-year-old Robert V. Bryant, is accused of leaving the crash site. Troopers apprehended him some 150 yards away from the scene. Bryant reportedly failed three sobriety tests, stumbled as he was getting out of the car, and refused to take a chemical breath test. He allegedly has admitted to drinking a few beers.

At his arraignment in Lawrence District Court today, Bryant pleaded not guilty to a number of criminal charges, including motor vehicle homicide, negligent operation of a motor vehicle, operating under the influence of liquor, and leaving the scene of a crash that caused personal injury. He allegedly told police that he does not remember striking Ray.

Drunk Driving
According to a report released last week by the Substance Abuse and Mental Health Services Administration, about 30 million Americans drive drunk each year. Another 10 million motorists drive while under the influence of drugs. Thousands are killed each year because someone was driving while drunk and/or drugged.

The US Department of Transportation says that 10,839 people died in US drunk driving crashes in 2009—a slight decrease from the 11, 711 drunk driving deaths in 2008.

As our Boston injury lawyers have said in past blog posts, driving while drunk can be deadly. Not only do the victim and his/her family and friends suffer, but also, in many cases, a drunk driver will have irrevocably altered his/her life. In addition to possible jail time and a criminal record, a negligent driver can also be held liable in civil court by family members wishing to recover Massachusetts wrongful death damages.

Bradford woman hit, killed near state police barracks, Boston Herald, December 13, 2010

Accused drunk driver did not recall crash that killed Haverhill woman, prosecutor says, Boston.com, December 13, 2010

Police ID Bradford Woman Killed in Andover, Eagle-Tribune, December 13, 2010

40 Million in U.S. Driving Drunk or Drugged, US News, December 9, 2010

Related Web Resources:
The Substance Abuse and Mental Health Services Administration

Alcohol-Impaired Driving, NHTSA (PDF)

In the wake of the controversy surrounding FourLoko, the briefly-popular caffeinated alcoholic beverage, another contentious alcoholic product is emerging.

Whipped Lightning, also known as “whipahol,” is an alcohol-infused whipped cream manufactured by Maple Grove Products. A Public Health professor from Boston University told the Daily Free Press that the product is troubling for a couple of reasons. Firstly, he noted that the product poses the danger of youth abuse because of its attractive whipped cream form and high alcohol content. This point is somewhat reinforced by the product’s website, which says, “Whipped cream’s not just for kids anymore…” Secondly, the BU professor mentioned the risk of reaching excessive levels of drunkenness due to the product’s sweet flavor. Similarly, although the main safety concern with respect to FourLoko was the combination of alcohol and caffeine, many expressed concern that FourLoko’s bright packaging and fruity flavors made the product attractive to children.

Whipped Lightning contains 18 percent alcohol, and another alcoholic topping called Cream contains 15 percent. Both products are becoming popular on college campuses, according to CBS News. Neither has had a conflict with health regulators yet.

Sources:
CBS News, Four Loko move over, here comes Whipped Lightning, alcohol-infused whipped creamThe

Daily Free Press, FourLoko looks to revamp, but copycats may still exist

WhippedLightning.com

If you or someone you know has been injured or killed because of a dangerous product, call Altman & Altman today.

Continue reading "Alcohol-Infused Whipped Cream: The New FourLoko? " »

A jury has awarded Natalie M. Barnhard $66 million in her personal injury case against Massachusetts-based manufacturer Cybex International and Amherst Orthopedic Physical Center. The 30-year-old former physical therapy assisted became paralyzed six years ago when a Cybex exercise machine fell on her. She is now a quadriplegic.

The catastrophic spinal cord injury accident happened on October 2004 while Barnhard was working at Amherst Orthopedic. As she was doing a shoulder stretch, the leg extension machine fell on top of her and she suffered a spinal cord injury that caused two cervical vertebrae to break and the bones to compress onto her spinal cord. Barnhard says that four people lifted the 500-pound machine off her body.

During the personal injury trial, questions were raised about the design of the exercise machine and its operation. The plaintiffs’ alleged products liability and accused Cybex of providing inadequate warnings, conflicting installation and anchoring instructions, and of failing to warn that the machine could pose a tip-over hazard. Barnhard’s injury lawyers have said that seven other people in the US have been hurt in similar incidents involving Cybex machines.

When awarding their injury verdict, the jury found Cybex 75% liable, Amherst Orthopedic 20% responsible, and Barnhard 5% liable. Cybex, however, continues to maintain that it was not negligent or responsible for Barnhard’s accident. The Massachusetts-based company says that it will appeal the verdict.

Boston Products Liability
Companies that design consumer products that cause serious injury or death to others can be held liable for Boston products liability. Faulty design, manufacturing mistakes, product malfunctions, inadequate instructions, and failure to warn are some reasons why Massachusetts product defect lawsuits are brought. In some cases, the product may have no design or manufacturing flaws and may have worked exactly as intended but still proved to be a danger to users.

NY jury awards $66M to injured physical therapist, The Wall Street Journal, December 9, 2010

Woman crippled by exercise machine wins $66 million, Boston Herald, December 9, 2010

Related Web Resources:
Cybex International

Products Liability, Nolo

The Donald McKay elementary school on Cottage Street in East Boston was evacuated Thursday because of “smoke conditions.” Staff members were already leading students out of the building when firefighters arrived to discover the source. The smoke was apparently coming from the basement. No injuries have been reported, and students will remain at the East Boston Early Education Center, the place to which they were evacuated, while the firefighters investigate.

Source: The Boston Globe, 700 East Boston elementary school evacuated due to ‘smoke conditions’

Inhalation of smoke can cause a variety of injuries. It can seriously damage the body, particularly the respiratory system, by causing asphyxiation, chemical irritation, and other respiratory complications. Coughing, difficulty breathing, throat irritation, fainting, vomiting and nausea are among the many symptoms of a smoke inhalation injury. These types of injuries might not be apparent for days. Aside from the elderly, the persons most vulnerable are those who are under the age of 11.

At Altman & Altman LLP, we are particularly sensitive to injuries involving children. We feel that when our young ones suffer avertable injuries as a result of negligence, it’s our responsibility to achieve justice.

If you or your child has suffered an injury, we would be glad to help you.

Continue reading "East Boston Elementary School Evacuated; Smoke in the Basement" »

The holidays can be a lonely time for many people who are away from family and staying at Massachusetts assisted living facility. Visiting your elderly or sick relative or friend at an assisted living facility is a great way to brighten up the season for them. It also is an opportunity to make sure that they aren't suffering from Boston nursing home abuse or neglect.

With so many people living longer lives, more elderly persons are ending up at assisted living facilities where they are supposed to get the and community that they need. Unfortunately, Massachusetts nursing home neglect and abuse do happen and it is the residents who suffer.

Signs that your loved one is suffering from nursing home neglect or abuse:
• Unexplained bruises, broken bones, or other injuries
• Sudden weight loss or weight gain
• Pressure sores
• The resident has become withdrawn, agitated, afraid, or depressed
• Dehydration or malnutrition
• Medication mistakes
• Bad hygiene or grooming
• Soiled sheets that aren’t regularly changed
• The inability of nursing home staff to explain a patient’s injuries
• Sudden deterioration of health

How to plan for and make the most of your holiday visit at a Boston nursing home:
• Make sure you come during visiting hours and allow for plenty of time together.
• If permitted, bringing the patient’s grandchildren or grand nieces or nephews with you can brighten up the day.
• Bring presents, hugs, and plenty of good cheer.
• Consider games or activities that your loved one can participate in and enjoy.

That said, it doesn’t have to be a special occasion or season for it to be a good time to visit your loved one at a long-term care facility. Visiting a nursing home resident often can allow for quality time spent together while giving you the opportunity to check in and make sure that your loved one isn’t suffering because of Boston nursing home negligence.

Residential Long Term Care – Your Options: Nursing Home Residents Should Enjoy the Holidays Too!, HelpStartHere.org

Holiday visits contribute to older adults..., UW Extension, December 3, 2010

Related Web Resources:
Nursing Homes, Mass.gov

Nursing Home Compare, Medicare.gov

Continue reading "The Holiday Season Is A Great Time To Visit The Elderly and Sick As Well As Look for Signs of Possible Boston Nursing Home Neglect or Abuse" »

Tom Gatzunis, the commissioner of the Department of Public Safety in Massachusetts wants to ban water ball amusement rides. While a water ball ban would be outside this reach of his authority, he is asking the state Legislature and Governor Patrick to extend the scope of his power. Gatzunis issued a “stern warning” against the rides Tuesday, stating that they are inherently unsafe, especially for children.

Since they were introduced in the United States last summer, water balls have become popular in malls and at carnivals. Children climb inside of the inflatable, sealed balls, allowing them to walk, jump, roll or crawl on top of water. Gatzuni warned that there is no way to monitor the amount of oxygen inside. Certain producers of the toys say that there is enough oxygen for an average person to remain inside for 20-30 minutes.

The water balls came under scrutiny when a 5-year-old girl almost died in one at the Independence Mall in Kingston last month. The girl had stopped breathing and was taken by ambulance to Plymouth’s Jordan Hospital. According to one witness, no one knew that the girl wasn’t breathing because the flow of the water made it look like she was moving.

World Against Toys Causing Harm (WATCH), a Boston-based national child safety group, warned against a comparable toy, called the Giga Ball, last year.

Thousands of children are killed every year because of dangerous and defective toys. Water ball manufacturers, mall owners, or others might be responsible for injuries or deaths caused by the toys. If your young loved one has been hurt, call our personal injury attorneys today.

Sources:
PatriotLedger.com, Kingston mall ‘water ball’ incident sends girl to hospital

CBS Boston, State Issues ‘Stern Warning’ Against Water Balls

The Boston Globe, State official criticizes water ball attraction

Continue reading "State Official Warns Against 'Water Ball' Mall Rides" »

Lawyers made their closing arguments in Suffolk Superior Court Monday in the first case targeting a cigarette-maker’s past practice of giving out free samples.

The attorney for the estate of Marie Evans, a Boston woman who started smoking at 13, said that the cigarette company tried to hook black children and that Evans was seduced by the samples starting when she was 9 years old. The lawyer for North Carolina-based cigarette manufacturer Lorillard, Inc. argued that the manufacturer should not be held accountable because Evans continued to smoke after learning of the health risks, receiving warnings from doctors, and suffering a heart attack 15 years ago.

Evans died of lung cancer in 2002 at the age of 54. She had been smoking Newports for 40 years. Her son, William Evans, is representing her estate in this Massachusetts wrongful death action. The trial began last month.

Many lawsuits have been brought against tobacco companies to hold them responsible for personal injury and wrongful death. These suits have been brought not only by individuals but also by government officials. They tend to involve products liability, strict liability and civil rights (for example, marketing to African Americans). The usual defenses are contributory (or in Massachusetts, comparative) negligence and the common law doctrine of “volenti non fit injuria,” which means “to a willing person, no injury is done.”

Sources:
The Boston Herald, Boston cigarette lawsuit heads to jury

The Boston Globe, Jury is asked to find tobacco company liable in woman’s death

Continue reading "Massachusetts Wrongful Death Suit Against Tobacco Company Goes to Jury" »

One person was killed and three were injured when a single- engine plane crashed Sunday afternoon near Leverett, a town in Western Massachusetts. It’s not yet known whether the person who was killed was the pilot or a passenger. The injured persons have been taken to area hospitals.

The plane was a 28-year-old Cessna 206G, according to Federal Aviation Administration records. It was registered to Airborne Maintenance, Inc., which is based out of Long Island, in 2005.

Massachusetts state and local police have responded to the scene, and federal investigators are on their way.

Although we don’t hear about plane crashes very often, they occur much more frequently than is publicly reported. About 80 percent of plane accidents occur right before take-off or landing. The majority of plane accidents occur because of pilot error. Mechanical failure is another common cause.

If you or someone you know has been injured or killed in a plane crash, the owner, manufacturer, suppliers, pilots, or air traffic controllers might be responsible. Aviation accidents are extremely complex and require the skill of a highly-experienced lawyer. Call the lawyers of Altman & Altman LLP at 617. 492.3000 or 800.481.6199 (toll free) or contact us online.

Source: The Boston Globe, Plane crash in western Mass. kills 1, injures 3

Continue reading "Plane Crash in Western Mass. Leaves 1 Dead and 3 Injured" »

The Massachusetts Alcoholic Beverages Control Commission has banned the popular Four Loko beverage from store shelves. Massachusetts is the fifth state to ban the popular caffeinated drink—a move which is likely to be adopted by the other states in due time.

Made by Phusion Projects LLC, the alcoholic energy beverage contains guarana and caffeine and has grown in popularity. College kids have especially taken to Four Loco, which is inexpensive and considered potent. However, there have been growing concerns that the combination of alcohol and caffeine makes the drink a dangerous product.

Our Boston products liability lawyers want to remind you that if you or someone you love suffered serious injuries from drinking or eating a tainted or dangerous food product or beverage, you should explore your legal options as soon as possible. Many college campuses have already banned Four Loko. Recently, nine Central Washington University students (all teenagers) were hospitalized with blood-alcohol levels of .12% to 35% (a BAC of 30% is considered possibly deadly) after drinking the caffeinated malt liquor. One of the students almost died. Another group of students were hospitalized at St. Joseph’s University also after drinking Four Loko.

In an unrelated incident, Florida State University Jason Keiran’s family is suing Phusion Projects for his wrongful death. They claim that he shot himself because he drank three cans of Four Loco.

Elsewhere in the US, relatives of another young adult, 21-year-old Courtney Spurry, say she crashed her car after drinking Four Loko. Spurry died from her injuries.

The Food and Drug Administration has sent warning letters to the manufacturers of a number of alcoholic energy drinks. In November, Four Loko announced it would take out the stimulants and caffeine from their beverage.

Four Loko pulled from shelves in Wakefield, statewide, Wicked Local, November 28, 2010

Four Loko Lawsuit: Parents Claim Energy Drink Killed Son, ABC News, November 16, 2010

Four Loko caused death of 21-year-old Maryland woman, victim's friends tell local television station, NY Daily News, November 12, 2010

Phusion Projects LLC

Related Web Resources:
FDA Warning Letter

Massachusetts Alcoholic Beverages Control Commission

Continue reading "Dangerous Beverage?: Massachusetts Pulls Four Loko From Store Shelves" »

Holiday festivities have begun in downtown Boston. Among the events are Christmas tree and menorah lightings. Tonight, the official tree lighting celebration will take place at 8 p.m. in Boston Common where more 80 trees will be lit.

The holiday season should be full of happiness, and holiday decorations can help people to get in the spirit. Holiday decorations can, however, cause serious personal injuries. According to the U.S. Consumer Product Safety Commission, about 1,300 people are treated in emergency rooms every year for injuries related to holiday lights. An additional 6,200 are treated for injuries that involved Christmas trees or holiday decorations. Holiday lights cause approximately 510 fires every year, and 1/6 of all fires caused by candles happen during December. During the holiday season, fall- injury emergency room visits rise from 9% to 12% with people standing on furniture, ladders and roofs to deck the halls.

To prevent injury or property damage from ruining your holiday season:

•Keep Christmas trees away from radiators and fireplaces.

•Keep lit menorahs away from curtains and other decorations. Don’t go to sleep or leave your home while candles are lit.

•If you have young children, don’t use decorations that look edible, and don’t use decorations that break and become sharp.

•If you use spray-on snow, make sure that it is non-toxic.

•Check your Christmas tree lights for frayed wires, broken or loose bulbs, and other defects. These are serious fire hazards, especially on a dry tree.

•Be careful if you’re using extension cords. Don’t string more than three sets of lights together.

•Don’t stand on a couch to hang decorations. If you have to use a ladder, try to make sure that it stands properly and won’t bend or crack beneath you.

Sources:

The Boston Globe, Holiday festivities in downtown Boston

Medicinenet.com, Tips for preventing injuries during the holidays

Continue reading "As Holiday Festivities Kick Off in Boston, a Reminder to Decorate Safely " »

In Brookline, Selectmen are considering a plan that would allow Brookline residents to unleash their dogs in 14 local parks for $50 per year, per dog. Persons who do not live in Brookline would have to pay $100 a year.

The Park and Recreation Commission of Brookline is asking for the fee to fund a park ranger position and to pay for oversight of the Green Dog Program, Brookline’s off-leash initiative that allows dog owners to unleash their dogs during certain hours and in certain areas.

Some dog owners are opposing the fee, complaining that dog owners shouldn’t have to pay a fee to unleash their dogs in public parks because other people don’t have to pay fees to engage in unorganized activities in the parks. Others seem to be neutral or happy to pay the fee to help fund the ranger.

The fee has been considered since 2008, but officials have held off until now. The fees are expected to bring about $30,000 into the town. The Green Dog Program costs about $55,000 per year.

Fee or no fee, dog owners need to be careful about unleashing their dogs in public parks. If the dog injures another person or causes damage, then the owner will be strictly liable (unless the injured person was teasing or abusing the dog or trespassing) under Massachusetts General Laws Chapter 140 § 155. Even when an owner is confident that their dog has a good disposition and will not bite or harm another person, it’s important to remember that dogs are animals and can snap. About 800,000 people in the United States require medical attention for dog bites every year, most of them children. So, whether these Brookline residents will have to pay fees or not, they should keep this in mind when they enjoy off-leash time with their dogs.

Source: The Boston Globe, Brookline eyes $50 fee to let dogs off the leash

Continue reading "Brookline Considers Fee to Unleash Dogs in Parks" »