Boston Injury Lawyer Blog

Questions are being raised over whether the handrails that line several miles of the Big Dig tunnel are a danger to Boston motor vehicle accident victims. Seven of the victims that died in the tunnel system between 2004 and 2008 were dismembered after they struck the handrails. One Massachusetts traffic accident victim who did survive lost an arm.

In Suffolk Superior Court, Massachusetts trooper Vincent Cila’s widow is suing the turnpike and Bechtel/Parsons Brinckerhoff for Boston wrongful death. Her Boston, Massachusetts motorcycle accident complaint claims that the sharp edges that support the handrails have the same effect on a person as would blades from a shredder. Cila was riding a motorcycle when he hit a handrail post in 2005. He severed his arm and broke his neck.

The handrails have earned the nickname “ginsu guardrails” after the ginsu knives. They were installed in the Big Dig System to prevent workers from falling into traffic.

The defendants in the Cila case claim that the handrails satisfy industry, federal, and state guidelines. However, the Boston Globe reports that experts they consulted with agree that the handrails’ design is flawed. They cite the handrails’ bars as being too widely spaced apart, which can cause a motorist to becoming entangled in the event that his/her vehicle hits the barrier. They also say that the railings should be placed higher up.

Currently, the handrails are placed a little under three feet above the ground. This is the approximate height of a car window or a motorcycle seat. The experts did say that recklessness and human error, such as speeding, and failure to wear seat belts, also contributed to the grisly Big Dig auto crashes.

Review of tunnel handrails is urged, Boston.com, February 22, 2010

Crash Deaths Spark Big Dig Tunnel Lawsuit, WCVB, February 22, 2010

Related Web Resources:
The Big Dig, MassDot

Massachusetts Highway Department

SSnow and ice on the ground are not only a danger to motorists, who must drive even more carefully to prevent their vehicles from slipping and sliding so they do not become involved in a Massachusetts motor vehicle crash, but also the ice and slush can prove a danger to people walking on sidewalks, driveways, in parking lots or on wet store floors. This it is why it is so important for cities, business owners, homeowners, and other property owners to clear ice and snow from their premises.

If a Boston slip and fall accident happens, not only is there a possibility that the victim can get seriously hurt—broken bones, hip injuries, back injuries, spinal cord injuries, neck injuries, joint injuries, and traumatic brain injuries are not uncommon—but the premise owner may find that he/she has become a defendant in a Massachusetts slip and fall lawsuit. Granted, Massachusetts landowners are not obligated to clear snow or ice that naturally accumulates on their property. However, if a defect exists that, along with the snow or ice, contributed to causing the Boston premises liability accident, the injury victim may have grounds to sue.

Slip and Fall Accidents
Property owners are not supposed to allow any hazard to remain on their property that can cause slip and fall, trip and fall, or step and fall accidents. Other offending fall accident dangers include spilled liquids or foods, floors that have been just mopped with water/cleaning liquid but have yet to dry, stairwells that lack handrails, uneven surfaces, exposed cables or power cords, item that are left on the ground, cracks on the floor, torn carpeting, loose floorboards, and inadequately lit stairwells.

A slip and fall hazard is a premises liability. If you were injured because a property owner was negligent, you have three years to file a Boston slip and fall lawsuit against the liable party.

Massachusetts slip and fall accidents can take place anywhere. It is important that you get medical help as soon as possible and that you or someone else takes photographs of the accident site while the evidence is still intact.

Snow and ice removal a matter of safety and liability, The Sun Chronicle, February 10, 2010

Related Web Resources:
Slip and Fall Accidents: Proving Fault, Nolo

Tips to reduce slipping and falling in icy and snowy conditions, Dhhs.Mo.gov

Continue reading "Boston Slip and Fall Accidents are Common Occurrence When Snow and Ice Pose Additional Massachusetts Premises Liability Hazard" »

The parents of 8-year-old Christopher K. Bizilj are suing seven defendants for their son’s wrongful death. Christopher died after a Micro Uzi machine gun he was holding accidentally discharged last October at a Westfield gun fair. Charles D. and Suzanne M. Bizilj and their son Colin, 11, are suing for $4 million.

The defendants named in the Massachusetts wrongful death complaint are COP Firearms & Training, the Westfield Sportsman’s Club Inc., Edward Fleury, Carl Giuffre, Provost Precision Pistols LLC, Domenico J. Spano, and D & T Arms LLC. Giuffre, Fleury, and Spano have also been charged in criminal court over the fatal accident.

Per the Massachusetts wrongful death lawsuit, Charles Bizilj bought Christopher a turn at firing the machine gun at the "Great New England Pumpkin Shoot".” Spano brought the weapon, which belongs to Guiffre, to the expo that COP Firearms & Training and the Westfield Sportsman's Club were sponsoring. Fleury, who owns COP Firearms & Training and at the time was Pelham police chief, hired Spano and Guiffre as expo “renters.”

The complaint claims that Spano’s son Michael, 15, was in charge of loading the gun. He gave the gun to the 8-year-old and told him how to use it. The weapon jammed twice. Michael cleared the gun.

As Christopher tried lifting the gun, the stock slid down, the barrel spun up, and the weapon went off while the young boy tried not to drop it. He sustained fatal head injuries.

The Biziljs contend that the Uzi submachine gun was defective, dangerous, and not properly serviced.

Massachusetts law makes it illegal to furnish minors with machine guns.

Event facilitators and the owners of the property where the function is taking place can be held liable for Massachusetts personal injury or wrongful death if there is an unsafe condition or a hazard on the premise that could/should have been remedied and the failure to do so caused or contributed to the injury or death.

Gun death spurs $4 million suit, Amherst Bulletin, November 13, 2009

Family Sues over Boy's Death at Massachusetts Gun Show, Insurance Journal, November 11, 2009

Related Web Resources:
look at gun expo flyer, WBZ (PDF)

Wrongful Death, Justia

Long known for the dependability of its strollers, manufacturer Maclaren may find that its reliable reputation has been tarnished following reports that 12 kids have suffered fingertip amputations while using its strollers. This week, Maclaren along with the Consumer Product Safety Commission, announced the recall of some 1 million strollers over concerns that fingertip amputations and lacerations can occur.

The children were injured when they placed their fingers in the stroller’s hinge mechanism when it was either being opened or secured. Nine models are included in the mass recall of products, which consists of both double and single umbrella strollers.

Recalled models are those made available in the US between 1999 and 2009: Easy Traveller, Twin Techno, Twin Triumph, TechnoXLR, Techno XT, Quest Mod,Quest Sport, Triumph, and Volo.

Parents and guardians are being told to stop using the strollers immediately and to contact Maclaren for a free repair kit.

Boston Products Liability
Injuries caused by a design flaw, a manufacturing defect, or a product malfunction can be grounds for a Boston products liability lawsuit. If the injured party is a minor, a parent or guardian will have to file the Boston injuries to minor complaint for damages.

Unfortunately, product manufacturers do make mistakes. It’s even more unfortunate for the infant or child who has been hurt because of such errors.

While recalls are a good way to find out about the dangerous defect before an injury or death occurs, in many cases someone will have already gotten hurt before a product defect is discovered and a recall is announced.

Maclaren's Stroller Recall: A Stumbling Response Online, Time, November 9, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Related Web Resources:
Maclaren

Kids in Danger

Continue reading "Boston Products Liability?: Kids’ Fingertip Amputations Lead to Recall of Approximately 1 Million Strollers by Maclaren" »

It’s been eight months since an 82-year-old Dorchester woman died while riding an MBTA escalator. Now, the family of Helen Jackson is suing the Massachusetts Bay Transportation Authority for Boston wrongful death. The lawsuit alleges that Jackson died of strangulation when, during a fall accident while riding the escalator, her jacket, scarf, and hair got stuck in the metal machinery.

MBTA officials had implied that Jackson died because she went into cardiac arrest while riding the moving machinery located inside Orange Line’s State Street station. Witnesses, however, say otherwise.

A number of passersby unsuccessfully tried to free Jackson from the escalator, but they could not separate her clothing from the metal. Jackson died at the scene.

According to the family’s Massachusetts wrongful death complaint, a medical examiner found that Jackson’s cause of death was strangulation. She also sustained injuries and blunt trauma.

A state inspection determined that there were no defects with the escalator.

The Boston wrongful death lawsuit accuses the MBTA of failing to monitor the escalator (despite a history of accidents) and neglecting to provide Jackson with the proper medical response.

Also, an emergency call box reportedly did not work properly when someone tried to call for help. And although security cameras showed pedestrians rushing to help Jackson, no MBTA official saw what was happening and did not respond to the emergency.

Escalator accidents
The US Bureau of Labor Statistics reports that there are about 30 escalator/elevator fatalities a year. Over 17,000 people are injured in these kinds of premises liability accidents. Escalator accidents can be caused by:

• Escalator defects
• Poor maintenance
• Missing escalator teeth
• Escalator malfunction
• Screws coming out of the escalator
• Too big of a gap between the moving steps and the escalator’s sides
• Clothing or shoes getting stuck in the escalator

Also, the US Consumer Product Safety Commission says that the rate of escalator injury has doubled for older adults, with almost 39,800 elderly people injured between 1991 and 2005. Trip and fall accidents and slip and fall accidents were the most common kinds of injury accidents involving the elderly to occur on escalators.

Escalator is cited in death at T station, The Boston Globe, November 3, 2009

Rate Of Escalator Injuries To Older Adults Has Doubled, Science Daily, March 14, 2008

Related Web Resource:
MBTA

href="http://www.cbsnews.com/stories/2005/02/17/earlyshow/living/ConsumerWatch/main674650.shtml" target="_blank">Danger On The Escalator, CBS, February 17, 2005

In Boston, the lives of two window washers were left hanging 37 floors above a street in the Financial District when the scaffold they were standing on collapsed. Julio Ortiz and Kyle Redmond banged on the windows of the skyscraper they were working on, calling for help.

Firefighters broke the windows, working carefully to pull the two window washers back into the building. The two men managed to stay tethered to rigging connected to the roof while they stood on the now slanted platform.

Redmond was treated at Massachusetts General Hospital for non-life threatening injuries and later released from the emergency room. Ortiz did not sustain serious injuries.

The two window washers are employed by Harvard Maintenance Company.

Scaffolding Accidents
According to the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, 88 workers died in scaffolding accidents in 2007. 72% of the workers that got hurt in scaffold accidents say the work accident happened because the support or planking gave way or because the worker was hit by a falling object or slipped. These kinds of scaffold accidents are preventable.

Scaffolds are often used by window washers, construction workers, and others whose jobs require them to work from great heights outside buildings and other large structures. A scaffolding that collapses can result in fatal fall accidents, traumatic brain injuries, spinal cord injuries, and other catastrophic injuries.

Window washers, construction workers, and others injured in Boston work accidents are likely entitled to Massachusetts workers’ compensation benefits. They may also be able to sue a negligent third party for personal injury or wrongful death. For example, if a scaffold collapsed because it was defective or malfunction and its manufacturer could have prevented the accident from happening, then the injured party may have grounds for a Boston products liability lawsuit.

A lurch and a lifeline 37 floors up, Boston.com, August 6, 2009

Window washers rescued from 37-story plunge as platform collapses, Boston Herald, August 6, 2009

Scaffolding, US Dept. of Labor

Related Web Resources:
High Risk: Despite Regulations, Scaffold Accidents Continue, Safety.com

OSHA

Continue reading "Scaffold Malfunction Leaves Two Boston Window Washers Dangling 37 Floors" »

Four people are dead after a lone gunman entered an LA Fitness gym in Pittsburgh, Pennsylvania on Tuesday night, shut off the lights in an aerobics room, and began shooting at patrons. He then killed himself.

Three women died in the shooting and at least 10 others were injured from the 50 rounds that he fired. According to police, the man, who a law enforcement source identified as 48-year-old George Sodini, didn’t say anything before he began shooting at people. Sodini was a gym member.

In a note found in Sodini’s gym back, the source says that the shooter talked about how he hated women.

One hospital admitted at least 5 shooting victims. A spokesperson for the hospital says the patients arrived at the hospital in critical condition.

The gunman maintained a blog prior to his death. He used the online diary to talk about his anger at being rejected by women, his desire to have a partner, and his loneliness. He lists his death as August 4, 2009. He refers to the murders as his “exit plan” and appears to have been plotting to execute his strategy for about a year.

Personal Injury and Wrongful Death Lawsuits Stemming from Violent Crimes
If you or someone you love was hurt because of a violent crime, there may be grounds for filing a personal injury or wrongful death complaint, such as:

Premises liability: Did inadequate security on the premise allow for the violent crime to happen?
Nursing Home negligence or abuse: Did a nursing home worker or a resident commit the crime and could the assisted living facility have acted to prevent the crime from happening? Did the facility neglect to perform a background check on the person that committed the crime?

Even if the property owner, company owner, event organizer, or another party did not have anything to do with committing the violent crime (but they could have or should have acted to prevent a crime from happen), you may be able to hold them liable for the harm that you and your love one have suffered. You also may be able to pursue financially recovery from the person that actually committed the violent.

Four dead, including gunman, in gym shooting, CNN.com, August 5, 2009

At least four dead in W. Pa. gym shooting, Philly.com, August 4, 2009

Continue reading "Deadly LA Fitness Shooting Leaves 4 People Dead and Injures 10" »

The Supreme Judicial Court has upheld the Massachusetts wrongful death award that a jury gave to the family of a Yarmouth man who died after the bus he was riding was hit by a large security gate arm. The tragic Foxborough, Massachusetts premises liability accident happened in 2003 as the bus was driving through an empty parking lot.

As wind struck a 300-pound metal parking gate that should have been secured, the gate swung open, crashing through the windshield and causing an 8-inch double shafted pole to strike 64-year-old Thomas Kelly. Five other people were injured in the tragic accident. One woman who was injured had to have one of her legs amputated below the knee.

Kelly broke his right leg and mangled his left leg in the accident. After undergoing multiple surgeries, he died several weeks later.

Kelly’s family sued Standard Parking, Apollo Security, and Foxboro Reality Associates for his wrongful death. In 2007, a Massachusetts jury held the defendants responsible for the unsecured gate and awarded Kelly’s widow $1.82 million and each of his two sons $1.4 million. With interest, medical expenses, and other costs, the family was awarded a little over $6 million.

Massachusetts’s highest court upheld the award even though the judge violated an order to prohibit jurors from talking about the case together before deliberation. The SJC determined that the error did not prejudice the plaintiffs.

Massachusetts Premises Liability Cases
Property owners and managers must make sure that there are no dangerous conditions on a Massachusetts premise that can lead to injuries, illness, or death. Failure to fulfill this duty of care could be grounds for a Boston, premises liability claim or a wrongful death lawsuit.

Mass. Court upholds $4.4M award in bus accident, Boston Herald, July 16, 2009

$6.1m awarded in stadium fatality, Boston.com, December 20, 2007

Related Web Resources:
Gillette Stadium

Premises Liability Overview, Justia

In Massachusetts, the families of Boston firefighters Warren J. Payne and Paul J. Cahill have reached a $2.2 million Boston wrongful death settlement with defendants Tai Ho Mandarin and Cantonese restaurant, J& B Cleaning, and the restaurant’s landlord, Continental Realty LLC. The two men died in 2007 while trying to put out a fire at the restaurant. 12 other firefighters were sent to the hospital following the blaze.

The plaintiffs contended that the three companies knew or should have known that grease from the exhaust pipe in the restaurant kitchen had leaked into the ceiling. They claim that this caused the fireball that killed Cahill and Payne. While Payne died immediately, Cahill died from smoke inhalation.

Autopsy reports indicate that there were signs of cocaine in Payne’s system and alcohol in Cahill’s body. This information was given to the defendants before a Massachusetts wrongful death settlement was reached. The attorney for Continental Realty maintains that his client did nothing wrong.

J & B Cleaning had been hired to clean the stove, the area around it, and the floor under it. Massachusetts fire codes require restaurants to make sure that exhaust ducts are cleaned each quarter and all grease buildup is eliminated. While J & B cleaned the hood and the stove, a cleaning receipt shows that the company failed to clean the duct.

The two firefighters' families will share the Boston wrongful death settlement, with a portion of it to go to the city and another firefighter that got hurt in the blaze. Since the deadly West Roxbury blaze, Massachusetts and Boston have created tougher regulations that commercial kitchen grease cleaners have to follow. Boston cleaners now have to register with the Fire Department and pass a certification test before they can work in a city restaurant.

Boston workers that are injured or killed on the job are likely entitled to Massachusetts workers’ compensation benefits. They also may be entitled to Boston personal injury damages—or their families may be able to obtain Boston wrongful death compensation if a third party is found liable for causing the work accident.

Families get $2.2 million in BFD Tragedy, Boston Herald, June 6, 2009

2 firefighters die, 12 hurt in blaze, Boston.com, August 30, 2007

Related Web Resource:
Fire Department, City of Boston

Wrongful Death, The General Laws of Massachusetts

The Consumer Product Safety Commission reports that nearly 300 kids 4 ages 4 and under are killed in pool and spa accidents a year, while some 3,000 others are injured. More than 50% of the child victims are under 3 years of age. 80% of fatal drowning accidents involving child victims occur in spas and pools in private residences.

With summer approaching, these disturbing figures are an important reminder of why pool and spa owners and operators need to make sure that kids are properly supervised in the pool area and that fencing is placed around the pool or spa to prevent children from getting into the water when no one is around. It’s also time for the owners and managers of public pools and spas to replace their pool drain cover with the newer, safer drain cover mandated under the Virginia Graeme Baker Pool and Spa Safety Act.

This new law requires all public pools and spas to be fitted with the anti-entrapment drain cover and when applicable, the anti-entrapment system. According to the CPSC, 11 people were killed and 69 others were injured in spa and pool entrapment accidents. The new drain covers are supposed to prevent the drain from attaching to a person’s body part or bathing suit, causing the suction to hold the victim under water until he or she drowns. Kids are especially susceptible to becoming the victim of pool entrapment accidents.

Drowning also continues to be a huge problem affecting kids, with children younger than 14 making up more than one in four deadly drownings. Victims that do survive near-drowning accidents will sometimes sustain traumatic brain injuries that could impair them for life.

If your child is injured or killed in a spa or pool on someone else’s premise, you may have grounds for filing a Boston premises liability complaintor a Massachusetts products liability lawsuit, including:

• Improper supervision
• Lifeguard failure
• Defective pool drain
• Inadequate fencing around pool
• Lack of emergency/rescue equipment
• Wrongful death

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas

Related Web Resources:
Read the 2009 Report
, CPSC (PDF)

Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safety

Continue reading "Prevent Boston Pool and Spa Drowning Accidents by Installing New Drains and Implementing the Proper Safety Measures, Says CPSC" »

In Massachusetts, the family of Timothy DiLeo will receive $600,000 for his wrongful death from the city of Methuen. DiLeo died on Labor Day 2007 at Tenney Grammar School after a 1,600-pound iron gate fell on top of him. He was 11.

Two of DiLeos brothers and another boy were playing at the school when the gate fell on Timothy and his 8-year-old brother Andrew. Lifting the gate off the two boys required the strength of several men, including police officers and the boys’ father. Andrew, who survived the Massachusetts premises liability accident, sustained serious injuries. Brandon LaPorte, then 13, sustained minor leg injuries.

In September 2007, Essex County prosecutors ruled the tragic incident an accident and no criminal charges were filed. However, the city of Methuen has acknowledged liability for the Massachusetts wrongful death because it left the gate unhinged and unsecured in an area where children had access. The settlement figure is the maximum amount that the DiLeos can seek under Massachusetts law.

The city of Methuen is self-insured. This means that city councilors must approve the settlement and the “debt financing” that will go toward paying for it.

Boston Premises Liability
Any kind of unsafe condition on a Massachusetts property can be the basis for filing a Boston premises liability claim or a wrongful death lawsuit if someone gets hurt because the owner failed to and should have fixed or removed the hazardous condition on the premise.

Schools and other properties that kids frequent are responsible for making sure that any hazards on the premise are kept away from the children, who are not as astute as adults when it comes to knowing when they may be endangering themselves by playing too close to a faulty wire, climbing onto a high pile of boxes, or playing with defective tools or on top of dangerous machinery.

Family of child killed by falling gate settles lawsuit, Boston Herald, May 13, 2009

Methuen to pay $600K for iron gate death, The Eagle-Tribune, May 13, 2009

Related Web Resources:
Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental, BostonInjuryLawyerBlog.com, September 4, 2007

Premises Liability Overview, Justia

City of Methuen, Massachusetts

According to the Quincy building commissioner, the apartment where a man and his two children were killed in a fire on Wednesday was illegally constructed in a basement that did not contain sprinklers or a working smoke detector. Three other families who live in the apartment building say that the smoke alarms in their units also do not work.

The white building, made in 1927 on Robertson Street, was only authorized to house four apartment buildings, yet additional apartments had been constructed in the basement and attic. While there were smoke alarms in building’s hallways, per state law, they had accidentally been deactivated.

Investigators are still trying to find out what caused the fire that ignited a sofa in the basement at around 3am, filling the apartment with thick smoke. While the man, Oudah Frawi, and his two sons, Ali Oudah, 1, and Hassan, 2-months-old, died, firefighters transported his wife Terri Night to Massachusetts General Hospital where she was admitted to the burn trauma unit with critical injuries.

The fire has damaged the building and many residents are currently unable to return to it.

Premises Liability
Apartment landlords are responsible for making sure that all safety devices are installed and are proper working condition on the premises and there are no hazardous or dangerous conditions that could cause injury or death to residents, visitors, or patrons. They also must make sure that there are no inadequate security conditions that could allow for violent crimes to occur on the property.

Some conditions on a premise that could be grounds for landlord negligence if someone gets hurt or dies:
• Lead paint
• Asbestos fibers
• Broken window
• Lack of security measures
• Defective pool drain
• Nonworking smoke alarms
• Electrical hazards

Quincy fire victims died in illegal apartment, BostonHerald.com, March 25, 2009

Quincy fire consumes life made anew in US, Boston.com, March 26, 2009

Related Web Resources:
Inspectional Services Department, City of Boston

Premises Liability Overview, Justia

Continue reading "Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm" »

In Boston, an 82-year-old woman was pronounced dead today at Massachusetts General Hospital after falling on an escalator at the MBTA’s State Street Station. Her clothing reportedly got caught in the escalator.

According to Boston EMS spokesperson Jennifer Mehigan, a “cardiac incident” and the “escalator accident” were both factors in the elderly Boston woman’s death. As of early this afternoon, it was still unclear whether the cardiac incident occurred before or as a result of the escalator accident. Meantime, the Suffolk district attorney’s office, MBTA Transit Police, and the Massachusetts Department of Public Safety are trying to determine what caused the incident.

This is not the first accident involving an MBTA escalator. Four years ago, a 34-year-old East Boston man died at the Porter Square station when his sweatshirt hood got caught in an opening in the machinery of the escalator. The movement of the escalator caused the opening of his sweatshirt to wrap more tightly around his neck.

In 1995, a 3-year-old Cambridge boy sustained a severe gash to his leg on an MBTA escalator. In 1996, a Beacon Hill man had have his arm amputated after his coat got stuck in the State Street Station escalator.

According to the Executive Office of Public Safety, the escalator involved in today’s deadly accident underwent its last inspection last May and no problems were detected at the time. There have been no reports since then of problems with the escalator.

Escalator Accident Facts
• Thousands of people a year are treated in US emergency rooms because of escalator accidents.
• Examples of potential hazards that can lead to elevator accidents include missing teeth at the top of the escalator and screws coming out of an escalator’s side.
• Common kinds of escalator accidents include fall accidents and entrapment accidents.
• Among the elderly, slip and fall accidents and trip and fall accident are the most common kinds of injury accidents to occur on an escalator.
• Young children is another group that is at high risk of getting hurt on an escalator.

There are many reasons why escalator accidents occur. Defective or malfunctioning escalators is just one reason that escalator accidents happen.

Woman dies in MBTA escalator accident, Boston.com, February 24, 2009

Rate Of Escalator Injuries To Older Adults Has Doubled, Science Daily, March 14, 2008

Related Web Resources:
Danger On The Escalator, CBS News, February 17, 2005

Massachusetts Bay Transportation Authority

Continue reading "82-Year-Old Boston Woman Dies in MBTA Escalator Accident" »

In Massachusetts, a former Breed Middle School student is suing the city of Lynn for personal injury. Ralph Ozual’s slip and fall lawsuit, filed in Salem Superior Court, is seeking $100,000 in damages.

Ozual’s complaint contends that on January 14, 2002, he sustained serious personal injuries when he slipped an fell on ice and snow in the Breed Middle School yard while walking from the bus to the school entrance. As a result of the Massachusetts slip and fall accident, Ozual says he sustained permanent injuries, including traumatic injuries to his right ankle and growth plate.

The plaintiff, who was a minor at the time, says that he continues to require costly medical attention and treatment for his injuries. His Essex County slip and fall complaint claims the city of Lynn acted carelessly and negligently and was in breech of a warranty agreement when it allowed such a dangerous condition to exist on the school’s premise.

Slip and Fall Accidents
Each year, thousands of people are injured in slip and fall accidents on other people’s premises. Different categories of slip and fall accident include:

Slip and Fall Accidents: A person slips on a floor surface and slides to the ground.

Step and Fall Accidents: Because there is a hole or another type of opening in the ground, someone steps into the gap and falls.

Trip and Fall Accidents: An object or crack or unevenness on the ground causes a person to trip and fall to the ground.

Stump and Fall Accidents: A person stumbles over an object on the ground and falls.

Slip and fall injuries can be excruciatingly painful and take months to recover from. Sometimes, the injuries may be permanent, such as is often the cause with spinal cord injuries or head injuries. Elderly people involved in slip and fall injuries are prone to breaking a hip bone, which could take awhile to recover from or cause their health to deteriorate. If you or someone you love got hurt in a slip and fall accident, you may have grounds for filing a Massachusetts premises liability lawsuit.

Former Breed student sues Lynn, Itemlive.com, February 18, 2009

Related Web Resources:
Proving Fault in Slip and Fall Accidents, Nolo

Preventing Injuries from Slips, Trips and Falls, CDC.gov

In Massachusetts, three children and three adults were taken to Boston-area hospitals for evaluation after a heating malfunction at their Dorchester apartment building released carbon monoxide into their rooms. The sound of carbon monoxide detectors going off prompted a fast evacuation of the premise.

The CO levels at the building was close to 10 times greater than what is considered safe. Clifford Long, who owns the property, says that a chimney that was partially blocked caused CO that was in the heating system’s exhaust to enter into the building.

The six patients displayed elevated carbon monoxide levels. Their symptoms included weakness, dizziness, and nausea.

Carbon Monoxide Poisoning
CO poisoning is the number one cause of poisoning death. Just a few minutes exposure to high levels of carbon monoxide can result in deaths. Because carbon monoxide is a colorless, odorless gas, it can be hard to know when a person has been exposed to it.

Symptoms of carbon monoxide poisoning are frequently mistaken for food poisoning or the flu, and CO can exacerbate the condition of someone who already has heart problems or respiratory illnesses. The elderly, infants, and fetuses are especially sensitive to the effects of carbon monoxide.

Premise owners and property managers are supposed to make sure that all devices on a premise that could emit CO are properly maintained and taken care of so that people do not becoming the victim of carbon monoxide poisoning. Failure to exercise this duty of care can be grounds for a Massachusetts premises liability lawsuit.

Fireplaces, water heaters, wooden stoves, gas stoves, furnaces, kerosene heaters, and blocked chimneys are just some of the devices that can end up leaking CO by accident, and the manufacturers of these products must make sure that there are no defects that can lead to CO poisoning. Injuries or death could lead to a products liability or wrongful death claim.

Carbon monoxide sends six to hospitals, Boston.com, December 17, 2008

Related Web Resources:

Carbon Monoxide Safety, Mass.gov

Carbon Monoxide Poisoning, CDC

Continue reading "Six Massachusetts Apartment Residents Are Sent To Boston-Area Hospitals Following Exposure To Carbon Monoxide" »

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries
• Drowning accidents
• Fall Accidents
• Poison

Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids' lives each year. The UN Children's Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008

Preventable injuries kill 2000 children every day, WHO, December 10, 2008

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008

Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF

Continue reading "Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths" »

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus' lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008

Wal-Mart death preventable, union says, CNN, November 30, 2008

Related Web Resources:

Workers' Compensation, Justia

Continue reading "Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia " »

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008

DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts

‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.

Continue reading "8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show" »

A Medford mother is suing East Elite Cheer Gym for her daughter’s 2005 wrongful death. Ashley Burns, then 14, died from a lacerated spleen after she fell during a routine cheerleading stunt at the gym.

Ashley was taking cheerleading lessons at the gym, along with other members of the Medford High School cheerleading team when the accident happened. According to Ruth Burns’s Massachusetts wrongful death lawsuit, filed in Middlesex Superior Court, her daughter fell while attempting to perform a double twist dismount while being “popped up” by two other cheerleaders.

Ashley was Ruth’s only child. Ruth says that she continues to take medication and is unable to work because of Ashley’s death.

Also named as defendants in the wrongful death lawsuit are the American Association of Cheerleading Coaches and Administrators and the US All Star Federation for Cheer and Dance Teams. Ruth Burns says she hopes her daughter’s death and the wrongful death lawsuit will result in new nationwide cheerleading safety standards that will prevent more injuries and deaths. Her Medford wrongful death lawyer accused the cheerleading industry of placing the lives of cheerleaders at risk for profit.

Sporting Accidents
If you or someone you love was injured in a sporting accident because the trainer, coach, or supervisor failed to provide proper supervision or implement the proper safety measures, you and your family may be able to file a Massachusetts personal injury lawsuit against all negligent parties to obtain compensation.

Common sporting injuries include:

• Head injuries
• Traumatic brain injuries
• Broken bones
• Knee injuries
• Sprains
• Strains
• Fractures

Ruptured Spleen
A ruptured spleen can occur when there is a blow to the left lower chest or upper abdomen. Common causes of ruptured spleens include physical assaults, motor vehicle crashes, and sporting accidents. A ruptured spleen can be fatal if the patient experiences life-threatening bleeding as a result of the injury.

Massachusetts Woman Sues Over Daughter's Cheerleading Death, Fox News, October 21, 2008

Mom files lawsuit in cheerleader’s ’05 death, Boston Herald, October 21, 2008

Related Web Resources:

American Association of Cheerleading Coaches and Administrators

US All Star Federation for Cheer and Dance Teams

Five years after a pyrotechnics display at a nightclub killed 100 people during a rock concert, the Great White band has reached a $1 million settlement agreement with survivors and victims families. Over 200 people were injured in the fatal fire. Great White band member Ty Longley also died in the blaze, which has been called the 4th worst nightclub blaze in US history.

The fire broke out at The Station, a Rhode Island nightclub, when band tour manager Daniel Biechele ignited pyrotechnics at the start of the concert. The packaging foam used by the club to soundproof around the stage caught on fire. Biechele pleaded guilty to 100 counts of involuntary manslaughter, as did nightclub owners Jeffrey and Michael Derderian.

Dozens of plaintiffs have been named as defendants in lawsuits filed by fire victims and family members.

By agreeing to settle, the band members are not admitting to wrongdoing or misconduct. The settlement calls for the over 300 plaintiffs to endorse the agreement. A distribution plan for the funds also must be first worked out. Biechele, lead singer Jack Russell, the band’s management company, the record label, and several others are part of this settlement agreement with the fire victims.

Several other parties have settled their cases with the victims and family members including, the town of West Warwick and the state of Rhode Island. Both have agreed to settle with the plaintiffs for $20 million. Anheuser-Busch and a Rhode Island beer distributor will pay $21 million, and several foam manufacturers have agreed to pay $30 million. Other parties that were also sued for personal injury include a local fire marshal and the radio station that promoted the concert.

Settlements roll in over deadly nightclub fire, CNN.com, September 3, 2008

Great White offers $1m in nightclub fire, Boston.com, September 3, 2008

Related Web Resources:

Great White to Offer $1 Million to Victims of “Hot” Club Concert, EfluxMedia.com, September 3, 2008

Great White, Mistabone.com

The Massachusetts family of Sean Lavalle, the Brookfield teenager who sustained second- and third-degree burn injuries on his right thigh during a 4th of July fireworks event at the beach on Walker Pond says that the exhibit, held by the Walker Pond Association, was handled by nonprofessionals.

Lavalle and his parents David and Brenda Brown says that friends invited them to attend the July 4 event, which is an advertised event that has taken place on the at Walker Pond for the past several years. Some 200 people were at the event.

According to David Brown, one of the men in charge of lighting the fireworks was drinking beer while igniting the explosives. At one point, the man reportedly stumbled, dropping the road flare he was using to light the fireworks onto a batch of explosives. It was at this point, Brown says, that one of the explosives flew up one of Sean’s pant legs.

Brown took Sean, who was on fire, to the pond to extinguish the flames. He says that he and his wife asked people to call 911, but most people ignored their requests. Sean was eventually transported by golf cart to the parking lot, where his wounds were treated, before he was taken to UMass Memorial Medical Center. Brown says that the Association restarted the fireworks display before Sean left for the hospital.

Sean has already undergone several (and there will likely be more) skin graft procedures. Police that are conducting the investigation say Walker Pond Association has not been very helpful. Law enforcement officers also say that there is no record showing that Walker Pond Association obtained the license that is required to hold a fireworks event.

Family not getting satisfaction after Fourth of July accident, Telegram.com, July 28, 2008

Fireworks-Related Injuries, CDC.gov

Related Web Resource:

Massachusetts Fireworks Laws

Continue reading "Brookfield Family of Teenager that Sustained Burn Injuries During July 4 Fireworks Says Walker Pond Association Did Not Run Exhibit Professionally" »

In Massachusetts, 38 elderly residents and eight workers at the Taunton Nursing Home complex were sent to local hospitals after high levels of carbon monoxide was found in the building.

Firefighters had to removed approximately 80 people from the building, evacuating the home’s north and old wings. Fire Chief Leman W. Padelford said that carbon monoxide sensors detected levels of CO of up to 120 parts per million, which is a high level of potentially fatal gas. A normal reading is below 10 parts per million. The source of the gas is under investigation.

Nursing Home Administrator Chuck Crush says that he thinks the gas came from a generator on the property that automatically kicked in when a power failure affected the city and that several air conditioners may have sucked in the carbon monoxide.

Carbon Monoxide Poisoning
CO is a gas without color or odor. It is the number one cause of accidental poisoning deaths in the US and is called the “Silent Killer.”

According to the CDC, some 15,000 are hospitalized each year and about 500 people are killed because of exposure to carbon monoxide. Signs of carbon monoxide poisoning include fatigue, nausea, and headaches. Exposure to CO for a long time can result in brain damage and death.

Common Scenarios Where People Risk Exposure to CO:

• Using generators or heating sources when the power is out
• Backdraft from a boat
• Riding in the back of an enclosed pickup truck
• Working at the scene of a fire
• Working with combustible gases or combustion engines in an inside setting

Dozens taken to hospitals after Taunton carbon monoxide incident, Boston.com, July 15, 2008

Carbon Monoxide Poisoning, Emedicinehealth.com

Related Web Resources:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Indoor Air Quality

Carbon Monoxide Poisoning, CDC

Continue reading "Taunton Nursing Home Residents and Workers Sent to Hospitals After Exposure to Carbon Monoxide" »

Orit Greenberg, an audience member at a taping of the “Oprah Winfrey Show” on December 5, 2006, is suing Harpo Studios for personal injury.

Greenberg says that she suffered serious and permanent injuries when she fell down a flight of stairs during a mad rush by audience members to secure the best seats.

Greenberg is asking for $50,000 in damages. She says that Harpo Studios neglected to control audience members, who were told that they could sit wherever they wanted. The patrons, who had been in a waiting area, “rushed the gate” and pushed and shoved inro each other as they entered the studio.

Slip and Fall Accidents
Slip and fall accidents can lead to serious injuries, including broken bones and head injuries. It is the responsibility of a property or business owner to make sure that there are no conditions on a premise that can allow a person to slip or trip and fall. These types of accidents can be more serious than they sound, and the medical costs and time necessary for recovery can be lengthy.

Slip and fall accidents can be occur because of poorly lit hallways, damaged staircases, uneven sidewalks, debris or liquids left on the floor, and other unsafe conditions that can cause a person to slip and fall.

To prove liability in a slip and fall case, the plaintiff must prove that the owner or manager of the property caused the condition that resulted in the slip and fall accident, knew about the hazardous condition but did nothing to remedy the situation, or should have known about the unsafe condition and done something to fix it.

The statute of limitations for filing a slip and fall lawsuit in Massachusetts is three years from the time of the injury accident. There are certain cases, however, where the plaintiff may have to notify a property owner of the sip and fall accident right away to stay eligible to file a personal injury lawsuit—there may be even stricter notice requirements if your slip and fall accident occurred on a public premise.

Audience member sues Oprah's company after fall down stair, Suntimes.com, March 19, 2008

Slip and Fall/Premises Liability, CBS.com, March 23, 2008

Related Web Resources:

Slip and Fall, Nolo.com

Harpo Productions, Encyclopedia of Chicago

A Connecticut woman is considering filing a personal injury lawsuit for the chemical burn injuries she says that her children sustained while swimming at CoCo Key Water Resort, a Danvers, Massachusetts water park.

Kristen Baker says that her daughter Emily, 9, and son Austin, 11, experienced blisters, rashes, skin burns, and breathing problems after a visit to the resort during a chaperoned girl scout trip. She attributes the injuries to the high levels of chlorine that the children were allegedly exposed to while at the 65,000 square foot indoor park.

Southern New Hampshire Medical Center diagnosed that the kids had chemical burns. Out of the 14 kids that took part in the Girl Scout trip, 12 say they experienced chemical burns.

The resort closed last week after a number of visitors, in addition to Baker’s kids, complained of similar symptoms. Massachusetts public health officials found that the level of chlorine in the water used by the park was 10 to 20 times higher than the minimum requirement. They also found that the park lacked the necessary equipment to test how much chlorine was in the water and that one of the park’s hot tubs lacked a thermometer.

Premise owners are obligated to make sure that their properties are safe for visitors, residents, and patrons. When a hazardous condition exists on a premise that results in human injuries or death, the injured parties can claim damages by filing a premises liability or another type of personal injury claim or lawsuit.

The park will not be reopened until it passes a retest.

Chlorine Exposure
Chlorine is often used as a water purifier and is found in pools and water rides. Exposure to high levels of chlorine, however, can result in injuries, including:

• Coughing
• Dizziness
• Nausea
• Problems breathing
• Bluish skin coloring
• Chemical burns
• Blisters or swelling to the skin
• Burning eyes
• Severe eye pain
• Blurred vision
• Burning sensation in the throat
• Tissue injury
• Vomiting
• Pneumonia
• Lung collapse

Water-resort injuries may lead to lawsuit, Nashuatelegraph.com, March 7, 2008

Related Web Resources:

CoCo Key Water Resort

Significance of Chlorine in the United States, EPI.state.nc.us

Chlorine, CDC.gov

Continue reading "Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries" »

In Massachusetts, Middlesex Superior Court Judge Paul Chernoff is suing the state of Massachusetts and Norfolk County for the injuries he sustained when he slipped and fell on the steps of the Norfolk County Courthouse in Lowell in 2004. The commonwealth of Massachusetts, the Norfolk County Commission, and the Division of Capital Asset Management were named as the parties held liable for not making sure that the building was maintained properly.

In his lawsuit, Chernoff alleges that his slip and fall accident occurred because the county and the state did not repair the cracks in the steps of the court building or add handrails. As a result of the unsafe conditions, Chernoff says that he slipped and broke his left kneecap. Since Chernoff’s accident, new handrails have been added to the staircase.

Slip and Fall Accidents
Slip and fall accidents usually occur because the grounds of a premise are not safe—either because of disrepair, failure to clean up a slippery/condition or pick up debris or objects off the ground, poor lighting, uneven flooring, or other circumstances that could easily have been prevented if the area was properly maintained. Because of the unsafe conditions, a person may slip and/or trip and then fall, sustaining injuries as a result.

In 2001 The National Safety Council named fall accidents as the number one cause of non-fatal injuries requiring immediate medical treatment, with thousands of people getting hurt. Fall accidents, however, can also be fatal—especially when someone drops from a higher level to a lower one. In 2002, some 14,500 people died in fall accidents. Bruises, broken bones, sprains, torn ligaments, dislocated limbs, spinal cord injuries, traumatic brain injuries, head and neck injuries, are among the injuries that can occur.

Slip and fall injury cases fall under the area of premises liability law, which holds the owner or manager or other person in charge of a property liable for allowing the unsafe conditions that caused the injury accident to exist on the premise.

Slip and fall accidents can occur on private and public premises, including parks, parking lots, sidewalks, outside steps, restaurants, grocery stores, apartment buildings, and office buildings.

Judge slips and sues the county, Daily News Transcript, January 10, 2008

Related Web Resources:

Slip and Fall Injury Statistics, Safety Today

National Safety Council

Slip and Fall, Nolo.com

The family of Cape Cod, Massachusetts resident Thomas Kelly was awarded $6.1 in the wrongful death lawsuit against Foxboro Realty Associates, Standard Parking, and Apollo Security. A Suffolk Superior Court jury awarded the $4.4 million judgment on Tuesday. With interest, the total could reach $6.1 million. The judgment will be shared between Kelly’s two sons and his wife.

Thomas Kelly, 64, was a retired high school English teacher who died in 2003 when the bus he was riding in was struck by a 300-pound gate at the Gillette Stadium Parking Lot in Foxboro. The gate slammed into the bus after being blown by a gust of strong wind. Its 8-inch double shafted pole smashed into the bus’s windshield and shot diagonally across the aisle.

The gate pierced the side of the bus and injured six people, including Kelly. He and two others were pinned by the pole. He broke his right leg and mangled his left one. Kelly underwent a number of surgeries and died from his injuries a few weeks later.

Kelly and the other bus passengers were going as spectators to a golf tournament when the tragic accident occurred. The jury found Apollo Security, Standard Parking, and Foxboro Realty Associates responsible for the unsecured gate. The jury exonerated the bus driver and the bus company, who were also named as defendants in the wrongful death lawsuit.

If you or someone you love was seriously injured on another person’s premise because the property owner did not take the proper measures to ensure that the place was free from hazardous or unsafe conditions, you should speak with a Massachusetts premises liability attorney immediately.

To prove a premises liability case in Massachusetts, the plaintiff must prove that:

1) The premise owner caused or allowed the unsafe condition to exist.
2) The premise owner was aware that there was an unsafe or hazardous condition but did nothing to remedy the situation.
3) The owner of the premise should have known that the condition that caused the injury or death was unsafe or hazardous to begin with.

Family Awarded $6.1M In Stadium Death Lawsuit, The Boston Channel, December 20, 2007

Family awarded millions in wrongful death lawsuit, Cape Cod Times, December 20, 2007

Related Web Resources:

Premises Liability News, Justia

Boston University is increasing security measures following a rape that occurred in the Warren Towers campus dorm on September 30. The rape victim was a guest of one of the students living on the all-women floor of the co-ed dorm. She says she was raped in one of the dorm’s bathroom stalls.

Boston University Police (BUPD) is now conducting random security patrols of Warren Towers and other large dorm units on campus.

The owners and managers of public and private properties, including dorm buildings, college campuses, nightclubs, hospitals, banks, parking lots, shopping malls, coffee shops, and office buildings, are legally obligated to provide adequate and proper security if they know that people will live, visit, or do business on a premise. Failure to do so can be grounds for personal injury or wrongful death liability if a crime occurs on the premise and someone is injured or killed.

The National Center for Victims of Crime says one out of every four women in college either has been raped or was nearly raped. Many rape incidents go unreported.

2003 Rape Statistics on US Campuses:

• 2581 people were victims of forcible sexual offenses on campus
• 1808 people were sexually assaulted in campus residence halls
• 367 students were sexually assaulted off-campus

In Massachusetts, if a person is raped, robbed, or physically assaulted on a premise by a third party because the property owner or manager did not provide the proper security that could have prevented the crime from occurring, the property owner or manager could be held legally responsible.

Other grounds for premises liability claims and lawsuits include slip and fall accidents, falling merchandise injuries, and exposure to toxic or hazardous substances.

Police have no leads in sexual assault case, The Daily Free Press, October 16, 2007

Rape in BU dorm leads to heightened school security, WHDH.com, October 2, 2007

Forcible Sex Offenses, US Department of Education

Relatd Web Resources:

Rape on Campus, Rapis.org

Warren Towers, Boston University

Continue reading "Boston University Steps Up Campus Security After Dorm Rape" »

Authorities and investigators for Massachusetts and Essex County have determined that the death of 11-year-old Timothy DiLeo at Tenney Grammar School in Methuen was an accident. No criminal charges will therefore be filed in the case. DiLeo died after a heavy metal gate fell on him. His 8-year-old brother, Andrew, was also injured by the gate collapse. Brandon LaPorte, 13, suffered minor injuries to his leg, and Steven DiLeo, 13, who was also involved in the accident, was not hurt.

If there is evidence to prove that someone acted negligently to create the condition that turned the school into an unsafe premise, DiLeo’s family good have grounds to file wrongful death claim and a personal injury claim against Tenney Grammar school and/or any other negligent parties.

Investigators say the gate was leaning against a wall and not securely attached on its hinge. It had been placed in the area where large garbage containers are stored. The gate fell when two of the boys tried to climb it.

Under premises liability law, the owner of a property must take reasonable action to ensure that the property is in a reasonably safe condition so that no one is injured or killed. A property owner is also legally obligated to warn people of any conditions on a premise that could render a property unsafe—even if only temporarily.

Falling merchandise or objects, dog attacks, defective or dangerous conditions on a premise, inadequate security, and any conditions leading to slip and fall accidents are just some of the reasons that a personal injury claim or lawsuit can be brought against the liable party. The reason that an injured person was on the property to begin with may/may not affect whether or not the injured victim has grounds to file a premises liability claim.

Children and Premise Liability Cases

If a property owner knows that a child could likely enter a premise—whether or not he or she entered the property with permission—the landlord or landowner is still obligated to have taken steps to ensure that the place is safe enough so that children are not injured or killed.

No charges to be filed in Methuen fence collapse fatality, Boston.com, September 4, 2007

Death of Methuen boy ruled an accident, Examiner.com, September 4, 2007

Related Web Resources:

Methuen Public Schools

Premise Liability News, Justia

Continue reading "Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental" »