Boston Injury Lawyer Blog

This past weekend, there were at least two reported incidents of individuals falling through ice into the frigid water below. The winter weather this weekend—the first major snowfall in the state this year—appeared to bring many people outside to engage in winter sports such as skiing, ice skating, and snowmobiling. Unfortunately, along with flurries and fun came falls and freezing temperatures.

First, according to news reports, three men were snowmobiling in Dudley when they fell through ice on Hayden Pond. Two of the men quickly emerged from the freezing water, but the other remained under water for 15 minutes until he was rescued. Sadly, updated reports indicate that this 27-year-old man from Southbridge, MA, though rushed to the hospital, did not survive the freezing temperatures. Our sympathies are with his family and friends.

A second incident, according to media reports, occurred today in Arlington, when firefighters rescued two adults and a child who had fallen through ice. The three individuals were apparently about 25-30 feet from shore at Spy Pond—a popular skating area in the winter—even though the pond had not fully frozen over. The health conditions of the adults and child are not yet known.

As public officials have done, we urge you to take extreme precautions when engaging in outdoor winter activities. Despite the pleasures of outdoor ice skating, indoor rinks may be the only always-reliable skating rinks. Icy and snowy conditions, when combined with poor judgment and risky behaviors, can result in serious injuries, including hypothermia, brain damage, broken bones, and death. Enjoy the snow, but enjoy it with care!

If you believe you have unfairly suffered poor health or injury from a winter weather accident in Massachusetts—for instance, due to the negligence of others or a failure to warn about dangerous conditions—an experienced Boston and Cambridge personal injury attorney can help you seek financial recovery.

Three rescued by Arlington firefighters after falling through the ice in Spy Pond, police say, January 22, 2012.

Southbridge man, 27, dies after falling through ice while snowmobiling at Dudley pond, Boston.com, January 22, 2012.

Three people fall through ice while snowmobiling in Dudley, Fox 25/MyFoxBoston.com, January 21, 2012.

News reports indicate that a Stoneham, Massachusetts man was hit by a sports utility vehicle when running across Interstate 93 in Somerville this week. The man’s car was apparently damaged, due to the overnight winter weather and icy roads, and he stopped his car in the left hand lane. He apparently then ran across four lanes of I-93 and was hit by a 2010 Ford Explorer registered to WHDH-TV. The man was taken to the hospital and is suffering from life-threatening injuries. This incident is among multiple recent crashes that have been caused by the icy road conditions and snowfall.

Car spinouts and crashes are a too-frequent occurrence during cold, snowy, and icy Boston winter weather. For the safety of other drivers and pedestrians, and for your own personal safety, please drive with particular caution this weekend and over the next few months of winter weather. If you have been injured in a car accident in Massachusetts, an experienced Boston and Cambridge car and truck accident attorney can help you seek financial recovery.

Stoneham man seriously injured running on I-93; may be one of several crashed caused by winter storm, Boston.com, January 17, 2012.

According to media reports, 66-year-old Cheryl Blair is struggling to recover and battling an infection one week after she was accidentally shot by an off-duty state trooper on New Year’s Eve. Trooper John Bergeron was hunting at the time and made the mistake of thinking that one of her golden retrievers was a deer.

The Norton, Massachusetts injury accident happened as Blair was walking her dog in the woods behind her residence. Bergeron, who lives on the same street, fired one .50-caliber lead ball from his rifle. The lead ball, which ripped through her side, created a 10-inch wound. She was rushed to the ICU where she has since had to undergo surgeries.

Doctors expect to send her to a rehab center after her stay at the hospital. They also believe that she will continue experience chronic pain and may have a permanent limp.

Following the accidental shooting, Trooper Bergeron asked Blair why she hadn’t been using blaze orange, which is required clothing for hunters. Her husband, however, has said that because she isn’t a hunter, the requirement didn’t apply to her.

Norton police don’t plan to file criminal charges against Bergeron over the shooting. However, the accidental shooting is prompting some citizens to call for changes to the state’s hunting law. Currently, Massachusetts doesn’t mandate that a hunter get a landowner’s permission to hunt on private grounds.

Boston Personal Injury
If you or someone you love was seriously injured by another party, you may be able to file a civil case even if criminal charges aren’t filed. You should speak with an experienced Boston injury lawyer to explore your legal options. Claims can be filed if someone else was reckless, negligent, or acted with the intent to cause harm. Massachusetts has a modified comparative negligence system when it comes to compensation. For a party that was injured to recover any compensation he/she cannot be found 51% (or more) liable. If any liability less than that is placed on the victim, his/her recovery will be reduced by that percentage.

Shooting of woman spurs call to change hunting law, Boston Herald, January 3, 2012

More Blog Posts:
Boston Injuries Reported in 10 Segway Accidents in 2011, Boston Injury Lawyer Blog, December 7, 2011

Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death, Boston Injury Lawyer Blog, December 28, 2011

Continue reading "Norton Woman Accidentally Shot by Off-Duty State Trooper is Battling Infection " »

According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones
• Spinal cord injuries
• Facial injuries
• Wrist injuries
• Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011

Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011

Continue reading "Boston Injuries Reported in 10 Segway Accidents in 2011" »

A 21-year-old man sustained third- and second- degree burns in a Springfield, MA injury accident involving a leaf blower and a lit cigarette. Javier Rivera was reportedly using the machine when gas spilled onto his arm while it was being refueled.

At the time, Rivera and another man were using the leaf blower. Rivera’s arm ignited when one of them lit a cigarette.

Depending on the specifics of what happened, Rivera may have grounds for filing a Massachusetts personal injury lawsuit. For instance, if the gas spilled out of the leaf blower because of a product defect, then he may be able to pursue a Massachusetts products liability case against the manufacturer. Another possible reason for a defective product lawsuit would be a failure to warn of dangers involved with using the leaf blower and not providing instructions for proper and safe use. Also, if it was Rivera’s companion that lit the cigarette then this could be grounds for a Springfield personal injury case against him.

Massachusetts Personal Injury
To prove negligence in a Springfield injury case, the plaintiff must show that another party was negligent. Because Massachusetts is a comparative negligence state, if a victim contributed to his/her own injuries, then the amount he/she can receive is lowered by the percentage of responsible attributed to the claimant—unless that percentage of negligence is 51% of greater, in which case a plaintiff cannot receive any compensation.

There may be more than one party who should be held liable. If so, each party would be held responsible for part of the damages that would be proportionate to the percentage of fault allotted. Massachusetts' joint and several liability rules, however, lets a plaintiff sue one person for all damages. If the plaintiff wins the case then that party can sue the others that are at fault for repayment.

Javier Rivera of Springfield suffers 2nd, 3rd degree burns in leaf-blower accident, MassLive, November 21, 2011

Springfield man burned in leaf blower accident, Boston Herald, November 22, 2011

Related Web Resources:
Burns, Medline Plus

Products Liability, Nolo

More Blog Posts:
$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011

Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011

Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater, Boston Injury Lawyer Blog, May 25, 2011

Continue reading "Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident" »

In Middlesex County Superior Court, a jury awarded a boiler repairman $7.7 million for his Boston burn injuries that he sustained while on the job. The defendant in the case was the Falmouth condominium complex where the victim had been doing work on an industrial water heater.

The worker sustained burns to 50% of his body in November 2008 when the heater, which was supposed to be depressurized and empty, emanated steam and very hot water. The repairman was treated at a burn unit for a few weeks and he had to undergo four skin graft procedures. He also developed PTSD because of the work accident and was not able to go back to work.

According to the Boston personal injury complaint, the boiler had been inadequately maintained. The heater tank’s gauges indicated to him, as had the condo manager, that was empty, the pressure had been released, and it was ready to be repaired.

The condo complex had tried to settle the Falmouth personal injury lawsuit for $200,000.

Work Injuries
You may not be able to pursue damages from your employer for injuries sustained on the job, but third parties that played a role in causing your work accident can be held responsible for your Boston personal injury. In addition to receiving Boston workers’ compensation benefits from your employer, you may also be entitled to civil damages. There is no reason why you shouldn’t receive both.

It is important that you file your Massachusetts workers’ compensation claim right away so that you can start receiving benefits as soon as possible. You can also start working with a lawyer right away to start exploring other legal options.

The outcome of this Massachusetts injury case is an example of why you shouldn’t settle right away because you may be entitled to receive so much more for the harm that you suffered.

Workers' Compensation, Massachusetts

The International Society for Burn Injuries

More Blog Posts:
Family that Obtained Massachusetts Workers’ Compensation Over 2005 Plum Island Construction Accident Wants Newburyport Wrongful Death and Injury Recovery, Boston Injury Lawyer, April 11, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyer, January 19, 2011

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers' Compensation Lawyer, October 5, 2011

Continue reading "$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater" »

The family of an ex-Andover High School Student are suing the town, two teachers, and EF Travel Inc., which is an agency located in Cambridge, for Massachusetts personal injury. The plaintiffs contend that the ex-student was raped during a school trip abroad in 2008 when she was 16.

In their Andover personal injury complaint, the victim is accusing the defendants of not properly monitoring the students during the European trip and of family to prevent them from consuming alcohol on the evening of the alleged rape. They are also accusing the teachers, Brian Shea and Josephine Goldin, of stopping the girl from calling police and failing to get her medical help after the alleged sex assault.

The plaintiffs say that the alleged rape occurred in a Germany hotel on the last night of the trip. Because the students knew when the teacher-chaperones were going to check on them that night, they planned their drinking party for after. The alleged victim, referred to as Jane Doe, was among those who got drunk and she claims that this was when a male student from another school restrained and sexually assaulted her.

Jane Doe says that when Goldin and Shea were notified of the alleged rape, they made her stand in front of the accused attacker and other students and questioned her about what happened and whether she’d been drinking. It wasn’t until she returned to the US and told her parents about the sexual assault that the police were contacted. A medical exam at a Boston hospital showed that she was the victim of nonconsensual sex. Also, The Massachusetts Department of Social Services, which conducted an investigation into the matter, says that Jane Doe’s allegations are credible.

If your son or daughter sustained serious injuries while under the supervision of another adult, group, organization, or institution, you may have reason for filing a Boston personal injury lawsuit not just against the person that caused the injury, but also against the party that was supposed to be responsible for safeguarding your loved one’s safety during that time and/or had the duty to prevent such an incident from happening.

Many Boston sexual assault victims don’t realize that they may be entitled to civil damages for the harm that they’ve suffered. In addition to serious personal injuries, there also may be psychological and emotional damage from such a violation.

Ex-student’s suit faults Andover High teachers in alleged rape on Europe trip, Boston.com, August 22, 2011

Girl sues Andover High teachers over alleged rape on European field trip, Eagle Tribune, August 21, 2011

More Blog Posts:
Cape Cod Sex Abuse: Woman Sues Camp Attended by US Senator Scott Brown, Boston Injury Lawyer Blog, August 18, 2011

Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse, Boston Injury Lawyer Blog, February 17, 2011

Boston Sexual Assault: Former High School Basketball Coach Faces Criminal Charges for 1976 Rape, Boston Injury Lawyer, April 18, 2011

Continue reading "Andover Personal Injury Lawsuit Seeks Damages for Student’s Sexual Assault During European Trip" »

A Massachusetts personal injury settlement has been reached in the federal lawsuit between Westport Police Officer Francis Napert III and Berkley resident Carl Conforti over the alleged use of excessive police force. Under the terms of the agreement, Officer Napert will pay Conforti $50,350.

Per court records, on January 30, 2010, Napert, who was off-duty at the time, apprehended Conforti, a 46-year-old paraplegic in a wheelchair, who was going through a Westport neighborhood to gather fallen tree branches so he could heat his sister’s home. Napert, who was wearing civilian clothes and following him in a pickup truck, identified himself to Conforti as a cop and told him that he was watching him because he was making his way slowly through the neighborhood and peering into people’s residences.

Conforti asked Napert for police identification and that is when the latter allegedly started yelling at him, forced him to the ground, broke his glasses, and arrested him. Witnesses say that Conforti, who had wires in his chest after undergoing tracheal resection surgery, called for help. The criminal charges of disorderly conduct, larceny of wood, and resisting arrest that had been filed against Conforti were later dropped.

The Westport police say that the decision to settle was one done for practical reasons and not because they believe that Napert did anything wrong.

Boston Police Brutality
The use of unnecessary and excessive physical, verbal, or emotional force by a cop when dealing with members of the public is an abuse of authority and power, which can be grounds for a Boston personal injury lawsuit alleging Massachusetts police brutality. Excessive use of police force is also a violation of the victim’s civil rights.

Unfortunately, it can be virtually impossible to get a police officer or his department to admit that police brutality occurred. Often, unless the incident of excessive use of police force is a blatant one, charges likely won’t be filed against the cop. This doesn’t mean, however, that you cannot hold the police officer liable in civil court and obtain Boston injury damages for the harm that you or your loved one suffered.

Westport officer settles civil rights lawsuit alleging excessive force, South Coast Today, August 9, 2011

Related Web Resource:
Westport Police Department

More Blog Posts:
Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011

Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer Blog, February 15, 2011

Continue reading "Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force " »

According to the Brady Center to Prevent Gun Violence, a $600,000 Massachusetts personal injury and wrongful death settlement has been reached between manufacturer Kahr Arms and the families of Danny Guzman and Armando Maisonet. Both men were shot by a 9mm handgun outside a nightclub on December 24, 1999. The weapon was stolen from the gun-maker’s factory and later was illegally sold to the assailant in exchange for drugs. Guzman died from his injuries. Maisonet injured his shoulder.

In the families’ Worcester, MA injury lawsuit, the plaintiffs accused the gun manufacturer of negligence, including inadequate security at its manufacturing plant, lack of sufficient inventory controls, and failure to screen employees for a criminal history or drug addiction. They claim that Kahr Arms hired Mark Cronin, who took the gun, even though he had a history of alcohol abuse and drug addiction. Their complaint also said that Cronin had said that guns that didn’t have their serial numbers on them yet were easy to remove from the factory.

He sold the gun to Robert Jachimczyk for cocaine, who in turn sold the gun to Edwin Novas for heroine. Novas is the man charged in the shooting. Cronin pleaded guilty to gun theft, while Novas has yet to be caught. Following the shooting, the Kahr Arms gun was found behind an apartment building close to where the shooting happened. A 4-year-old child discovered the loaded weapon.

Under the Massachusetts injury settlement, 70% will go to Guzman’s family, while 30% will go to Maisonet. The gun manufacturer had sought to have the lawsuit dismissed on the grounds that it should be shielded under the "Protection of Lawful Commerce in Arms Act."

As the outcome of this Worcester wrongful death case shows, sometimes, liable parties are individuals and entities that may not have directly caused a Massachusetts injury or death but whose negligence contributed to it happening.

Gun-maker to pay Brady Center $600,000, UPI, July 26, 2011

Mass. gun-maker to pay $600K in gun-death lawsuit, ABC12, July 26, 2011

Continue reading "Massachusetts Wrongful Death and Personal Injury : Gun Manufacturer Settles for $600,000" »

The father of a teenager who was injured three years ago when the homemade bomb he made exploded is suing the store that sold explosive caps to his son boy for Massachusetts personal injury. The defendants in the case are Dee’s Corner LLC, which owns Dee’s Corner Convenience Store in Lynn, and Panaria International, which imports and distributes the “Mighty Popper” product.

Joel Surette was 13 when he bought the explosive caps. He lost the tips of two of his fingers on May 1, 2008 after the device he’d made, using about 100 of the caps, duct tape, and cardboard, went off.

In his Lynn, Massachusetts injuries to a child complaint, Joel’s father, Bernard Surrette, says that store workers told his son that the caps had three times more “explosive material” than other caps, which is why his son chose to buy this particular cap, and that the product (like all fireworks—unless handled by a professional) is illegal in Massachusetts. The elder Surrette’s complaint contends that the store did not exercise reasonable care when it made the Class C fireworks available and should have known that his son might use the fireworks in a manner that could cause him serious harm or injury. He also says that Joel also bought other fireworks that were openly displayed at the store.

Fireworks Can Cause Injuries
The Centers for Disease Control and Prevention says that in the US in 2008, there were approximately 7,000 emergency room visits because of fireworks-related injuries and seven deaths. Children, teens, and males are those most likely to sustain firework injuries. The hands, fingers, legs, and eyes are the body parts most likely to sustain injuries in a fireworks accident. Burns are also common.

If a dangerous product causes injury to you or a loved one—and the product doesn’t warn of the possible risks—or the distributor shouldn’t have been offering the product for sale to consumers—you may have grounds for filing a Massachusetts products liability lawsuit.

Father of Swampscott teen hurt in fireworks blast sues store, ItemLive, April 30, 2011

Suit filed over fireworks sale to boy, 13, Eagle Tribune, April 30, 2011

Fireworks-Related Injuries, CDC

Related Web Resources:
The National Council of Fireworks Safety

More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011

Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer Blog, January 12, 2011

Alcohol-Infused Whipped Cream: The New FourLoko?, Boston Injury Lawyer Blog, December 13, 2010

Continue reading "Lynn, Massachusetts Personal Injury Lawsuit Filed in Case of Teenager Hurt When Homemade Bomb Explodes" »