Boston Injury Lawyer Blog

Nearly two years after a Quincy fire at a basement apartment claimed the lives of Oudah Moshah Frawi, 9, and his sons Ali Oudah Frawi, 1, and Hassan Frawi, 2 months, landlords Jason Huang and Andy Huang have been convicted of manslaughter over their deaths. The Norfolk Superior Court jury also convicted the brothers of wanton or reckless violation of state building codes. The Huangs are facing up to 20 years in prison.

The blaze started in the basement apartment where the family’s sofa caught fire. Also injured in the fire was Terri Knight, who was Frawi’s wife and the mother of the two boys. She sustained severe burn injuries to her hand. It wasn’t until three weeks after she was admitted to a hospital, when she woke up from a coma, that she found out her family had perished.

Authorities say that the apartment had been illegally built and lacked a proper escape route and smoke detectors. The building also had four utility meters, even though there were apartment units, and was illegally wired.

Knight later filed a $10M Quincy wrongful death lawsuit against Andy Huang and his wife accusing them of negligent maintenance and other careless acts that are grounds for a Massachusetts premises liability case.

Landlords that fail to make a building safe for tenants can be held liable for Boston premises liability in the event of a fire. Failure to install smoke detectors or fire alarms, establish proper exits, properly maintain electrical wiring, and abide by local, state, and federal safety codes are just some of the reasons why a tenant or his/her family might file a Massachusetts personal injury or wrongful death complaint.

Landlords convicted in blaze, Boston Herald, January 28, 2012

Quincy grocer sues lamp manufacturer in fire that killed man, 2 young sons, Patriot Ledger, July 3, 2010

More Blog Posts:
Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment, Boston Injury Lawyer Blog, April 14, 2009

Seven Boston University Students Injured in Allston Apartment Fire, Boston Injury Lawyer Blog, January 22, 2012

Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained, Boston Injury Lawyer Blog, December 10, 2012

Continue reading "Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons" »

According to Boston fire officials, a Hyde Park mom and her three kids were treated at Massachusetts General Hospital today after they suffered from carbon monoxide poisoning. The four of them were removed from their residence this morning.

Fire Department spokesman Steve MacDonald said they were called to home the evening before after the CO detector went off. However, when firefighters arrived at the residence, they did not detect carbon monoxide in the air and they advised the family to change the detection device’s battery.

The home’s owner, Jean Louisia, said that police might not have been able to detect the CO because he had opened the windows. Later that evening, the device went off again and Louisia unplugged him.

It wasn’t until around 6:30am this morning while Louisia was driving to work that his 20-year-old daughter called to express concern that her mom and siblings weren’t feeling well. (Firefighters that arrived at the scene this morning recorded high carbon monoxide readings on the premise.)

Carbon Monoxide Poisoning
Because you cannot smell or see carbon monoxide, it can creep up on a victim without his/her knowing, causing serious injuries, including brain damage, and even death. Nonelectric boilers, fuel-fired furnaces, certain types of space heaters, ovens, gas stoves, other appliances that use gas, or a vehicle left running in the garage can cause carbon monoxide poisoning in the home. The wintertime, when a lot of these appliances are in use, is when many CO poisoning accidents happen. Appliance malfunction or the external vent to a fuel-burning appliance getting clogged up by snow are just two reasons why too much carbon monoxide might leak into the air.

Depending on the source of the carbon monoxide leak, there may be someone that should be held liable for the injuries sustained by you or your loved ones. An experienced Boston injury lawyer can help you explore your legal options.

Mother, three children from Hyde Park taken to hospital after carbon monoxide exposure, Boston.com, January 23, 2012

Carbon monoxide drives four from Hyde Park home, Boston Herald, January 23, 2012

Protect Your Family and Yourself from Carbon Monoxide Poisoning, EPA

More Blog Posts:
Nantucket Carbon Monoxide Poisoning Incident Sends 11 Apartment Residents to the Hospital, Boston Injury Lawyer Blog, April 16, 2011

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer Blog, March 18, 2011

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

A raging Massachusetts fire at a three-story Allston house early this morning has sent seven Boston University students to the hospital. A few people had to jump out off a top floor window to escape to safety. At least one person is in critical condition.

The Boston Fire Department says the fire is under investigation to determine its cause. The building is listed as a single-family home with the Assessing Department. However, fire officials said that the structure had been turned into apartments with students residing on different floors, including the attic and the basement.

It is not known at this time whether the building had working fire detectors. The damage to the building from the Boston fire was so severe that it will likely be torn down.

Unfortunately, fire accidents do happen and thousands of people are injured and killed as a result. According to the US Fire Administration, 16,705 people were injured and 3,320 others killed in 2008 in the US alone. 84% of civilian fire fatalities took place in residences. There were over 1,400,000 reported fires that year. 36% of them were structure fires.

If you or someone you love suffered burn injuries or other injuries fire that you believe was caused by another party’s negligence or could/should have been prevented, you should talk to a Boston injury lawyer immediately. Common causes of building and residential fires:

• Faulty wiring
• A fire left on accidentally and/or without supervision
• A candle knocked over
• A defective electrical product that malfunctioned
• Lighting equipment or electrical system malfunction

It is the responsibility of property owners to make sure that their premises do not have any foreseeable fire hazards and that there are proper fire prevention and safety measures in place. This could include working fire alarms, fire extinguishers, and (when buildings are involved) fire escapes and/or fire exits. That said, property owners are not the only one that may be held liable in the event of Massachusetts burn injuries or deaths resulting from a fire. For example, the manufacturer of a defective electrical product could be held liable, as the operator of the business where a fire broke out.

Students leap from upper floor of Allston building to escape fire; one critically injured, Boston.com, January 22, 2012

Seven BU students hurt in raging fire, Boston Herald, January 22, 2012

More Blog Posts:
Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple, Boston Injury Lawyer, February 18, 2011

Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm, Boston Injury Lawyer Blog, September 3, 2009

58 Fire Fatalities in Massachusetts in 2007, Boston Injury Lawyer Blog, January 4, 2008

Continue reading "Seven Boston University Students Injured in Allston Apartment Fire" »

Jean S. Mui, who is the landlord of the Worcester apartment building that burned down during a three-alarm fire on Thursday, is expected in court tomorrow. Mui faces allegations that the building, at 49 Arlington St., was in violation of 30 building and sanitary codes.

Building inspectors had identified the multiple violations before this week’s blaze, which caused the structure to partially collapse. Firefighter Jon Davies was killed in the Worcester fire. Another firefighter, Brian Carroll, suffered injuries.

The two men got trapped when the back of the building caved. They were trying to rescue a missing tenant, who has still not been found.

According to neighbors, recently arson fires have been occurring in the area.

If Worcester premises liability was a factor in causing the building fire and collapse, the firefighters and their families may have grounds for suing Mui for damages. Property owners can be held accountable in civil court or arbitration if a hazard on the premise that could/should have been remedied causes someone to get hurt or die in an accident.

The three-decker on Arlington Street has also been the focus of eight city inspections and three housing complaints in the last year. There were reportedly structural defects in the building’s foundation that weren’t fixed even though months had passed since a city order was put out requiring that the repairs be made. Code violations include those for illegal heaters and rodents.

Workers injured or killed on the job are usually entitled to benefits from their employer’s insurer. This, however, does not preclude them from obtaining Worcester wrongful death or personal injury recovery.

Worcester fire landlord faces code citations, Boston Herald, December 11, 2011

Worcester firefighter dies in blaze, AP/Sentinel and Enterprise, December 9, 2011

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 "Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained" »

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" »

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" »

10 years after terrorists hijacked four commercial airplanes on September 11, 2011, the family of Mark Bavis has settled their wrongful death lawsuit. Bavis, 31, died when United Airlines Flight 175 hit the World Trade Center. The wrongful death complaint, filed by Bavis’s Boston family, was the only lawsuit over the 9/11 terrorist attacks that hadn’t yet been resolved.

Bavis’s loved ones had held back on settling their complaint, which they filed in 2002, because they wanted to go to trial and hold defendants United Airlines and Huntleigh USA, the security company in charge of the checkpoint at the Boston airport, publicly responsible. Attorneys for the Bavis family have said the gross negligence is what allowed five terrorists to get onto the United airplane. Last week, they submitted a compendium detailing their evidence about the alleged security failures on that tragic day.

Both defendants, however, contended that the shouldn’t be held liable for not being able to prevent a terrorist assault that even the federal government couldn’t have predicted or made plans to prevent. They have said that United’s security system was implemented at the direction of the government and was never designed to stop the 9/11 attacks. The compendium was a response to their motion to have the case dismissed.

The Bavis family believes that the details provided in their compendium achieves their goal of holding United and Huntleigh USA publicly accountable However, Bavis’s twin brother, Michael Bavis, says that the “only reason” a settlement was reached was that “rulings and manipulations of the law” impairs his family’s ability during a trial to tell what happened. The terms of the wrongful death settlement are confidential.

Massachusetts Wrongful Death
If someone you love died because of what you feel was negligence on another party’s part, you may have reason for filing a Boston wrongful death lawsuit against them. The defendant doesn’t need to have been the direct cause of your loved one’s death, but may have acted or failed to act in a way that allowed the death to happen.

Family and United Airlines Settle Last 9/11 Wrongful-Death Lawsuit, NY Times, September 19, 2011

Bavis family settles 9/11 lawsuit, Boston.com, September 19, 2011

Related Web Resources:
Logan International Airport

September 11 Victim Compensation Fund of 2011

More Blog Posts:
Wrongful Death: Family of 9/11 Victim Claims Security Screeners at Logan International Airport Did Poor Job, Boston Injury Lawyer, June 21, 2011

Massport Asked to Be Released from Wrongful Death Lawsuit Filed by Family of Man Killed Aboard United Airlines Flight 175 on 9/11, Boston Injury Lawyer, July 7, 2011

Boston’s Logan Airport Is Scene Of Mystery Passenger And Pending Warrant, Boston Criminal Lawyer Blog, March 22, 2010

Continue reading "Last 9/11 Wrongful Death Lawsuit is Settled After Boston Family Offers Details of Alleged Security Deficiencies at Logan International Airport " »

The woman who fell nearly five through stories through a building skylight on Saturday has died. According to fire officials, the South Boston fall accident happened early in the evening. One of her friends called 911 for help.

Rescuers that arrived at the scene included members of the Boston Emergency Medical Services and the Boston Fire Department. The frenzied rescue operation went on for over an hour before the victim was located.

The woman, who was in her 20’s, had fallen from the roof, which was on the seventh-story ,and through a blind shaft before landing on the third floor of the Summer Street building. Rescuers had to cut through walls to find her.

She was pronounced dead at the Boston injury accident scene. After the woman’s body was found, two of her friends were transported from the area in an ambulance.

Boston police are trying to determine both how the group got onto to the roof and how the woman fell through the shaft.

Roof Falls
If you or someone you love was injured or killed in a Boston fall accident on someone else’s property, you may have reason for filing a Massachusetts premises liability case. Property owners can be held liable if their negligence contributed to allowing a Boston injury accident to occur on their premise. For example, if people are able to get on a roof, but standing on it without supervision can prove dangerous, then should the entryways have been locked so no one could get on top of the building without permission? Or, if people are allowed onto a building's roof, then did the property owner ensure that all proper safety measures were implemented so that the risk of someone falling off was kept minimal?

Woman dies after fall through building shaft, My Fox Boston, September 10, 2011

Woman dead after fall from roof, Boston.com, September 11, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Emerson College Student Dies in Boston Roof Fall, Boston Injury Lawyer Blog, April 19, 2011

Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2010

Massachusetts Fall Accident: Burlington Deck Collapse Injures Six, Boston Injury Lawyer Blog, September 17, 2010

Continue reading "Boston Fall Accident Through Building Shaft Claims Woman’s Life" »

Is the playground where your child goes to play safe? Surprisingly, about 15 kids a year die in playground accidents, which is why it is so important that these play areas are properly maintained. It doesn’t matter whether the playground is a public area or in a school, a mall, or inside a local McDonald’s. Playground owners must make sure that equipment and rides are safe to sue and that there are no hazardous conditions that could cause serious child injuries or deaths.

If your child got hurt while playing at a playground, you may want to speak with a Boston injury lawyer to find out whether you have a case. Common playground hazards:

• Inadequate supervision
• A poorly designed playground area
• Blacktop, asphalt, concrete, soil, packed earth, soil, or grass surfaces
• Trip and fall hazards on the ground, such as tree roots and stumps
• Age inappropriate playground equipment
• Playground equipment are placed too close together
• Inadequately maintained, broken, or defective playground equipment
• Lack of bucket seats for tot swings
• Entrapment hazards on playground equipment
• Choking hazards, such as loose screws or other parts that a young child might decide to swallow
• Nails or other sharp objects coming out of playground equipment
• Broken glass or sharp objects buried in a sandbox
• Inadequate security that can lead to sex abuse and other violent crimes against kids
• Entanglement hazards that the drawstrings on a child’s clothing or his/her shoe laces can get caught on. This can lead to Boston trip and fall and entanglement accidents
• Elevated platforms that lack guardrails

About 200,000 playground accidents take place every year. You may be able to hold the playground owner, the party responsible for supervising your child when the Boston playground accident happened, or the manufacturer of a piece of defective playground equipment (this would be a Massachusetts products liability case) liable for your child’s Massachusetts personal injuries.

PlayGround Safety, KidsHealth

Public Playground Safety Handbook, Consumer Product Safety Commission (PDF)

More Blog Posts:
Dorchester Toddler Dies After Driver Accidentally Leaves Him in Day Care Van for Several Hours in 80 Degree Weather, Boston Injury Lawyer Blog, September 17, 2011

$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2011

As our Boston injury lawyers have written in the past, Massachusetts slip and fall accidents can cause serious personal injuries for those involved. Hip fractures, back injuries, spinal injuries, and traumatic brain injuries, and even death can result. It is the responsibility of property owners to make sure that there are no slick, slippery, or wet surfaces/floors on their premises than can cause someone to slip and fall.

Four common types of Boston slip and fall accidents:

• The typical “slip and fall,” which involves someone losing traction, slipping on a surface, and falling.
• The “step and fall,” which involves a person falling into a hole or stepping into another type of defect on the flooring/another type of surface and falling.
• The “stump and fall,” which involves an individual stumbling over an obstruction on the ground and falling.
• The “trip and fall,” which can occur when someone trips over an object and falls.

Slip and fall accidents can occur anywhere. Today, however, our Boston premises liability lawyers today would like to report on a number of recent US slip accidents lawsuits over incidents that occurred in stores.

Last month, a woman filed a slip and fall accident case against Walmart. Jennifer Lombrana says she got hurt last March when she slipped and fell in a puddle of water on the ground close to the girls’ clothing section. In another premises liability lawsuit, Crystal Lewis is suing a Family Dollar store for injuries she says she sustained in 2009 when she slipped and fell on a slippery substance that had been left on the store floor. A third woman, Leslie Douglas, is suing Kroger because she says she slipped and fell on water that left on the ground in the grocery store in 2009. Douglas says that she injured her hand, shoulder, and hip.

Storeowners must make sure that any wet/slippery surfaces are wiped/mopped dry right away. In the event that it will take some time before the floor is no longer wet, employees must post warnings to notify people that the ground is slippery. Even if the area where the wet surface is located isn't frequented by a lot of traffic, you never know who could end walking through the area. The slip hazard must be removed to decrease the chances of injury.

Kroger blamed for slip and fall, Ultimate Pasadena, August 11, 2011

Family Dollar

Kroger

Related Web Resources:
Slip and Fall, Nolo

Premises Liability Overview, Justia

More Blog Posts:
Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney, Boston Injury Lawyer Blog, January 26, 2011

Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010

Supreme Judicial Court’s Massachusetts Slip and Fall Ruling in Lawsuit Against Target Ruling Dissolves Distinction Between Unnatural and Natural Ice and Snow Accumulations, Boston Injury Lawyer Blog, July 26, 2010

Continue reading "Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits" »