Boston Injury Lawyer Blog

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.

Our experienced Boston, Massachusetts slip and fall lawyers have a combined 50 years of experience that allows us to work towards the best outcome for your injury case. We know how to properly investigate, pursue, and prove your slip and fall accident case, as well as determine how much recovery you should receive.

We will aggressively protect your rights and if necessary, our trial lawyers will fight for your slip and fall compensation in court.

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

Continue reading "Oprah Winfrey Show Audience Member Sues Harpo Productions For Fall Accident" »

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Posted In: Premises Liability , Slip and Fall Accidents

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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.

If you or someone you love has sustained an injury while on someone else’s premise, one of our Boston, Massachusetts personal injury lawyers would be happy to help you determine whether you have grounds to file a case. Our premises liability attorneys represent clients throughout Massachusetts.

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" »

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Posted In: Burn Injuries , Premises Liability

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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 premises liability 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.

A Massachusetts slip and fall accident law firm can help you file your case against the negligent party or parties.

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

Continue reading "Middlesex Superior Court Judge Sues Massachusetts and Norfolk County for Slip and Fall Accident" »

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Posted In: Premises Liability , Slip and Fall Accidents

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The family of Cape Cod, Massachusetts resident Thomas Kelly was awarded $6.1 in the Suffolk County 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

Continue reading "Massachusetts Jury Awards Family $6.1 Million Wrongful Death Verdict In Gillette Stadium Metal Gate Lawsuit" »

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Posted In: Premises Liability , Wrongful Death

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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" »

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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" »

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Posted In: Premises Liability , Wrongful Death

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