Disclaimer - By publishing this information on this Web site, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

Pressure cookers are food preparation devices which utilize a pressurized chamber (kept sealed by special lids) and electricity to heat up water to well beyond boiling temperatures while the food ingredients inside are quickly cooked.

The combination of pressure and highly-heated water (among other possible liquids depending on what is being cooked) is not only a recipe for nutritious food cooked fast, it is also a recipe for potential disaster – as unfortunately too many people have learned through experience.

Injuries caused by malfunctioning pressure cookers can range from superficial, minor burns to life-altering third degree burns that can permanently scar and disfigure victims. Many of these injuries may occur from incorrect use of pressure cookers, but other accidents have occurred in recent years that have led to lawsuits against certain pressure cooker manufacturers.

These lawsuits allege that there are serious design flaws in some of these cookers that enable the lid to become compromised, allowing the scolding hot contents to explode out of the pressurized chamber and burn those using the cooker.

Tristar pressure cooker the subject of multiple suits

The “Power Pressure Cooker XL,” manufactured by Tristar Products, is one of the few “As Seen on TV” pressure cooker products available. In its advertisements, the cooker is touted to be almost miraculous in how quickly it can deliciously prepare a huge range of different foods. The product even makes a point to tout how safe it is, with a special lid that locks and prevents opening until the cooking is done.

However, people have filed claims against Tristar in recent years because of serious allegations that the cooker has a design flaw which leads the cooker to exploding randomly and without warning, hurling its dangerously-hot contents everywhere and burning the consumer.

The first lawsuit against Tristar was filed on June 12, 2015 by a Texas couple who had unplugged the cooker, only to have the lid explode a full two hours later, sending boiling liquid and pinto beans flying at them. The wife wound up spending 20 days in the hospital to treat her severe burns.

Just a couple weeks later, a Florida couple experienced almost the exact same thing; the lid of their Power Pressure Cooker XL blowing off for seemingly no reason. Both the wife and husband incurred burns as a result of this. Continue reading

In 2013, an unsecured brick wall collapsed onto a Salvation Army store in 2013, killing seven people and injuring another 12. The tragic incident occurred when the wall, which was located at a demolition site, fell onto the Philadelphia, PA thrift store. Following a 17-week long trial, victims were awarded a total of $227 million, to be divided among the survivors and family members of the deceased. In total, 19 families were affected by this devastating accident.

The demolition site owner, the architect and contractor managing the demolition, and the Salvation Army were all found to be liable for the collapse, and thus the resulting injuries and deaths. The Salvation Army will pay $200 million of the settlement, and the demolition site owner is responsible for the remaining $27 million. A Boston injury lawyer can help you determine how to proceed if another’s negligence has caused you or a loved one harm.

How Will the Settlement be Divided?

In cases where large settlements are divided among multiple recipients, juries decide how much each plaintiff should receive. In some situations, however, parties may agree to divide the award outside of court. That is exactly how the Philadelphia case is being handled; the survivors and families will divide the proceeds in arbitration. This is different from a class action verdict in that every plaintiff must be in agreement with the way the award is to be distributed. In smaller cases, this agreement may be reached with a conversation and a handshake, but with nearly 20 parties involved in the Philadelphia case, an arbitrator is crucial to a fair, friendly, and efficient distribution process.

What is Arbitration?

Arbitration is one form of alternative dispute resolution (ADR), a process that provides an alternative to going to trial. In arbitration, each individual involved will be asked to sign an agreement that describes what was agreed upon. This effectively means that plaintiffs will not be permitted to appeal the decision, with very few exceptions. Once all parties have agreed to be bound by the agreement, anyone who wishes to receive a portion of the award must submit evidence of their damages to the arbitrator. Following this process, and based on the findings, the arbitrator will divide the damages as deemed appropriate. Although the trial above lasted several years, arbitration is rarely as long. In fact, this case will likely be concluded within a few months.

Disadvantages of Arbitration

In some cases, arbitration can dramatically reduce stress and legal costs. But it’s not always the best course of action. For starters, you have limited recourse following arbitration; if the arbitrator’s award isn’t fair, there is little to nothing you can do to air your grievances in court. Arbitration may also present an uneven playing field, created by the arbitration clauses of large companies, for example. And the process of choosing an arbitrator is rarely an objective one. If you are unsure whether arbitration is right for you, a MA injury lawyer can help you determine how to move forward. Continue reading

According to the US Department of Transportation, the rate of annual traffic-related injuries and fatalities has increased by more than 7 percent. Basically, this means that we are more at risk today than we were in the past. But who is most at risk? If you belong to one of the categories below, it may be you.

  • You are male. According to the Insurance Institute for Highway Safety (IIHS), males are more likely to die in a car crash than females. Specifically, males between the ages of 20 and 24, and those 85 and over, are most at risk.
  • You are a pedestrian…in Washington D.C. In 2015, about 15 percent of traffic-related fatalities were pedestrians, nationwide. The state / regional percentage was highest in D.C.
  • You drive and text. Actually, using a cell phone while driving, for any reason, greatly increases your risk of being seriously injured or killed. If you use your phone or other handheld device while behind the wheel, you are four times more likely to be involved in an accident than your non-distracted counterparts. The risk is higher if you’re texting. But even hands-free options pose a risk. Distractions don’t only involve taking your eyes off the road. A distracted mind can be just as dangerous.
  • You drive in one of the top 9 dangerous states for car crash injuries and fatalities. These are California, Texas, Florida, Georgia, North Carolina, Illinois, New York, Ohio, and Pennsylvania. A MA injury lawyer can help you recover damages if you’ve been injured in an auto accident.
  • You drive a pickup, and you live out in the boonies. Drivers of pickup trucks have a higher-than-average rate of crash-related fatalities. And in 2015, this risk was especially high for pickup drivers in rural parts of Wyoming and North Dakota.
  • You’re on the road during the deadliest driving hours of the day. If you’re behind the wheel between 3 and 9 pm, make sure to use extra caution. More fatal accidents occur during this time period than any other.
  • You drive on any of the following days: January 1, July 4, August 2, October 11, and November 1. According to the IIHS, these are the deadliest driving days of the year.
  • You drive above 55 mph. According to the Department of Transportation, approximately 48 percent of car crash deaths involve speeds of more than 55 mph.
  • You drive under the influence of drugs or alcohol. This might seem like an obvious one, but you don’t have to be legally drunk to increase your risk of a deadly car accident. The risk increases even at very low blood alcohol concentration (BAC) levels, and it skyrockets when BAC is above 0.04 percent. In fact, about 29 percent of all traffic fatalities involve alcohol. When drugs are involved, the risk of a fatal accident increases to five times that of drug-free drivers
  • You ride without a helmet. When it comes to motorcycles, helmets save lives. Wearing a helmet reduces a rider’s risk of head injury by 50 percent. A Boston motorcycle accident attorney can help you determine how to proceed if you’ve been injured by another’s negligence
  • You drive without a seatbelt. This statistic is one of the most compelling. More than 88 percent of drivers wear seat belts at all times, but nearly half of all crash-related fatalities in 2015 involved people who were not wearing seatbelts. Buckle up.

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If another’s negligence has caused you harm, you may wish to bring a personal injury lawsuit against that person(s), business, or entity. Although any type of accident can result in a personal injury claim, certain accidents account for more claims than others. By hiring a skilled Boston injury attorney, you may be able to recover damages for everything from medical expenses to pain and suffering. The accidents that account for the most personal injury claims include:

 

  • Motor vehicle accidents: Crashes and collisions take center stage when it comes to personal injury claims. Nearly 1.3 million people are killed in car crashes annually; that’s an average of 3,287 deaths per day. And up to 50 million are injured or disabled.

 

  • Motorcycle accidents: Thousands of people are killed in motorcycle accidents in the US annually. In fact, motorcyclists are 35 times more likely to die in a crash than drivers of other motor vehicles. Dramatically reduce your risk of serious injury and death by always wearing a helmet, maintaining a safe speed when riding, and taking rider safety courses. A MA motorcycle accident attorney can help you determine how to proceed if you’ve been injured.

 

  • Bicycle accidents: As the warmer weather finally makes an appearance in New England, we are beginning to see more bicyclists on the road. This is a good thing – cycling is a healthy, economical, and environmentally-sound activity. But cyclists are prone to serious injury and death in a crash involving a motor vehicle. Protect yourself when cycling by avoiding adverse weather conditions, wearing brightly-colored gear, obeying road signs, and always wearing a helmet.

 

  • Slip and fall accidents: A leading cause of personal injury claims, slip and fall accidents can result in broken bones, lacerations, and even traumatic brain injuries. Second only to motor vehicle accidents, slip and fall accidents account for 15 percent of all accidental deaths.

 

  • Dog bites: Especially common among young children and the elderly, dog bites can result in permanent scarring. If you have been bitten or attacked by a dog, you may be entitled to compensation for medical expenses, pain and suffering, and reconstructive surgery.

 

  • Medical malpractice: Medical negligence is one of the leading causes of death in the United States, but medical malpractice lawsuits can be extraordinarily complex. A knowledgeable malpractice attorney can help you navigate the process and recover damages if medical negligence has caused you harm.

 

  • Large truck accidents: Also known as 18-wheelers, big rigs, and tractor trailers, large trucks account for thousands of accidents every year. Unfortunately, due to their massive size and weight, accidents involving large trucks are often deadly. In 2015, 3,852 people were killed in accidents involving large trucks. Only 16 percent of those deaths were truck drivers. A whopping 69 percent were occupants of passenger vehicles.

 

  • Pedestrian accidents: Pedestrians accounted for about 14 percent of all traffic-related deaths in 2013. One-fifth of those fatalities involved hit-and-run drivers.

 

  • Boating accidents: Boating season is soon upon us…this is a favorite time of year for many Bostonians. Unfortunately, negligence, alcohol use, and inexperienced operators often lead to boating accidents, and serious, life-threatening injuries. Use your head – avoid alcohol and speeding, and make sure your boat is equipped with life vests and necessary safety equipment.

 

  • Work-related accidents: Injured on the job? In 2015, a total of 4,836 workers were killed on the job. That’s 93 deaths per week, and 13 per day. Work-related injuries are generally covered by workers’ compensation, but you may be entitled to additional compensation if negligence played a role.

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Drivers have been distracted since the first driver got behind the wheel of the first car. But the types and frequency of distractions have definitely increased since the advent of smart phones, navigational systems, and other hand-held devices. In fact, about 431,000 people were injured due to distracted driving in 2014 alone. A MA car accident lawyer can help you determine how to  proceed if you’ve been injured by a distracted driver.

The reality is, our entire life is at our fingertips (or rather, in our pockets) at all times. What better way to break up the boredom and monotony of a long drive than to text a friend, check your email or Facebook, or make a quick phone call? Unfortunately, taking your eyes or focus from the road, even for a few seconds, can be deadly. Even placing your smart phone on the dash or passenger seat can pose problems. When the phone lights up or dings to alert you to a text message or email, it’s hard to resist the temptation to glance at your phone.

Is Hands-Free Safe?

The best way to prevent distractions from smart phones is to keep your phone in your glove box, purse, or somewhere else that is not visible while you’re driving. If you absolutely must make a call, send a text, check directions, or read an email, pull over to a safe location or ask a passenger to do it for you. You can also use hands-free technology to make a call or send a text, but there is quite a bit of controversy surrounding the safety of hands-free devices; although they keep your hands on the wheel and your eyes on the road, a distracted mind can be just as dangerous.

How to Identify, and Avoid, Distracted Drivers

Even if you are the most responsible driver on the road, there’s no guarantee that the drivers with whom you share the road are also responsible. In fact, there’s a better chance that most of them have read or sent at least one text while driving. For this reason, it’s a good idea to pay close attention to the other cars and trucks on the road. Although you can’t always tell when a driver is distracted, there are several behaviors that can help you identify a distracted driver. Many of these behaviors are similar to those of intoxicated drivers. Avoid driving too close to a driver who is:

  • Drifting out of the appropriate lane and swerving to get back.
  • Slowing down without actively braking, when there doesn’t appear to be a good reason to do so.
  • Slamming on the brakes.
  • Driving erratically.

Proving that a driver was distracted at the time of an accident isn’t always an easy task. However, if you believe that a distracted driver crashed into you, the best thing to do is call the police. If law enforcement finds evidence that the driver may have been using a smart phone or other hand-held device, he or she can issue a citation. If you decide to file a personal injury claim, this citation can be of immense help to your case. The police report can also be used to build a successful case. Evidence of smart phone use while driving may include:

  • Usage records from the cellular carrier
  • Testimony from witnesses
  • Surveillance or traffic cam footage

An experienced Boston motor vehicle accident attorney will know how to look for evidence that can help you win your case. Continue reading

When a physician’s diagnostic error results in improper or delayed treatment, the patient’s condition can worsen, causing painful or irreversible medical complications, and even death. When a misdiagnosis results in injury, the victim may bring a medical malpractice lawsuit against the hospital, physician, or other medical personnel. A Boston injury lawyer can help you obtain the compensation you or a loved one deserves if you have been harmed by a misdiagnosis.

Diagnostic Errors

Not all diagnostic errors are created equal. Three factors must be present to justify a malpractice lawsuit following a misdiagnosis. These factors are:

  • The existence of a doctor-patient relationship.
  • Negligence – the physician did not provide the level of treatment that a competent physician would have provided under similar circumstances.
  • The negligence resulted in injury.

If, for example, the first two factors were present but the misdiagnosis did not cause a measurable injury, a successful malpractice lawsuit is unlikely. Similarly, if the physician provided an exceptional standard of care, he or she probably won’t be found liable for malpractice, even if an injury occurred. A MA injury attorney can help you determine if you have a viable malpractice case.

Did Negligence Play a Role?

A misdiagnosis is not evidence of negligence on its own. Even a highly-skilled, competent physician can make diagnostic mistakes. The real question is: did the physician act competently? To determine this, the court will look at the steps the doctor took to arrive at the diagnosis. What did the doctor do, and what did the doctor not do? This involves an evaluation of the doctor’s differential diagnosis, which is the method used to identify a patient’s medical condition.

Following a preliminary evaluation, the physician will list possible diagnoses in their order of probability. Next, the physician considers each potential diagnosis and conducts additional observations of the patient to determine the probability of that particular diagnosis. To do so, he or she will order tests, request the opinion of specialists, and obtain the patient’s medical history.   The goal is to rule out multiple potential diagnoses, whittling the list down to – hopefully – only one likely candidate.

Of course, it doesn’t always work out this way. In order to win a malpractice lawsuit, one of two things will have to be proven: a) the correct diagnosis didn’t appear on the differential diagnosis list, and a competent doctor would have included it, or b) the correct diagnosis appeared on the list, but the doctor failed to perform necessary tests.

Other Forms of Negligence

Even if the doctor isn’t liable for malpractice, someone else’s negligence may have injured a patient. For example, if a tech accidentally contaminated samples because he arrived at work late and was trying to complete a task too quickly. A third party can also be liable; for instance, a manufacturer may be on the hook if faulty equipment lead to a misdiagnosis.

Did the Misdiagnosis Harm the Patient?

In order to bring a successful legal claim, it must be shown that the misdiagnosis caused the medical condition to advance beyond where it would have had the misdiagnosis not occurred, and that the progression of the condition negatively impacted the patient’s treatment. If, for example, the patient had to undergo chemotherapy to treat cancer that advanced due to a misdiagnosis, the patient has a good chance of recovering damages. And if a physician misdiagnoses a patient with a life-threatening condition that he or she doesn’t have, the physician may be liable for causing undue stress or anxiety. Continue reading

In 2012, David Moradi was attacked by security staff in a Las Vegas nightclub, leaving him with a traumatic brain injury. The Cosmopolitan Hotel and Casino’s Marguee nightclub was ordered to pay Moradi a whopping $160.5 million for compensatory damages. But he also sought another $483 million in punitive damages to punish the nightclub for bad behavior and deter staff from engaging in similar behavior in the future. Moradi has since settled with the nightclub for an undisclosed amount.

The 2014 lawsuit alleges that security and a manager forced Moradi into a private room where they demanded that he show identification and give them a credit card. All of this occurred after, Moradi claims, he had already paid a $10,000 tab. According to the Marquee’s attorneys, there was an issue with Moradi’s signature on the original bill. Moradi, who claims he was a VIP guest at the Marquee, accuses staff of doing a lot more than just asking for his signature. A Boston injury lawyer can help you recover damages if you’ve been unlawfully detained.

Moradi Feared for His Life

“The Marquee security members and manager shoved David to the ground, causing his head to forcefully hit the concrete surface … The Marquee security members and manager repeatedly hit and smashed David’s head into the concrete and continually held his head and right eye against the concrete with a high degree of pressure … Still pressing his head to the concrete, they asked, ‘Are you going to cooperate and give your ID back?’ Believing he could be killed, David agreed in order to end the violent attack.”

At the time of the accident, Moradi was a hedge fund manager, earning approximately $11 million annually. Since then, he has been diagnosed with a traumatic brain injury (TBI) and his hedge fund closed its doors. Although the amount of the settlement remains unknown, it is likely that it was between the $160.5 million in compensatory damages and the $640 million in total that he asked for. Based on jury interviews, it is highly unlikely that the initial $160.5 million award was appealed. “I would have given him everything,” said juror Sara Sanguinetti, “the way we saw the evidence.” A MA injury lawyer can help you determine how to proceed if you’ve been harmed by another’s negligent or intentional actions.

Security Guards, Bouncers, and the Use of Excessive Force

Individuals in these industries are more prone to using excessive force than other groups due to the nature of their work. Physical force is a factor of their jobs, and there is a fine line between appropriate and excessive force. Security guards and bouncers can easily cross this line, resulting in serious harm, and even death. When a security guard’s use of excessive force results in injury, it may be considered an “intentional tort.” An intentional tort is a civil – not criminal – act that is committed on purpose, rather than from negligence. In some cases, security guards and bouncers can be charged with assault and battery. False imprisonment is another common charge in cases involving guards and bouncers who misuse their authority. Unlawfully detaining a guest or patron for an extended period of time can result in a charge of false imprisonment or false arrest.  Continue reading

In March 2017, the journal JAMA Otolaryngology – Head & Neck Surgery published a study analyzing the incidence of traumatic facial injuries in U.S. nursing home residents. According to the study results, between January 2011 and December 2015 a total of 109,795 nursing home residents needed emergency care for facial trauma. Most traumatic facial injuries are suffered in fall accidents.

Traumatic Facial Injury Statistics

The study reported that female residents are victims of traumatic fall injuries more than their male counterparts, accounting for about 65.1 percent of injuries requiring emergency treatment. The statistics below provide additional insight into the severity and frequency of facial trauma injuries among nursing home residents.

  • The median age for those who require emergency treatment is 84.1.
  • The most common facial injuries requiring emergency treatment are lacerations (44.3 percent), hematoma, avulsions, and contusions (41.8 percent), and fractures (12.7 percent).
  • The most common locations of traumatic facial injuries are nasal and orbital (eye).
  • Most nursing home facial injuries are caused by structural housing and fixed items (57 percent), or occur during the transfer of residents to and from bed (22.6 percent).

Although nursing home patients can fall for reasons that have nothing to do with improper care or negligence, many falls could have been easily prevented by taking minor safety precautions. A 2012 study conducted by the U.S. Department of Health and Human Services revealed that about 59 percent of resident injuries that occur in nursing homes are preventable. A MA nursing home negligence attorney can help you determine how to recover damages if your loved one has been injured due to negligence

Nursing Home Negligence

When we make the difficult decision to move our loved one into a nursing home, we do so with the hope that staff will provide excellent care and treat our loved one with kindness and compassion. Unfortunately, nursing home negligence – and even abuse – occurs with shocking frequency. The statistics below shed some light on the severity and frequency of this problem. A Boston injury lawyer can help you determine how to proceed if your loved one has suffered nursing home abuse or neglect.

  • Approximately 1.4 million people currently live in nursing homes in the U.S.
  • In 2003, more than 20,000 official complaints were received by authorities.
  • Only one out of every 14 cases of nursing home abuse is properly reported to authorities.
  • More than 90 percent of nursing home facilities fail to hire adequate staff to properly care for residents.

Signs of Nursing Home Neglect

If you notice any of the signs below when visiting your loved one, they could indicate that your loved one is suffering from neglect.

  • Dehydration
  • Appearing agitated, withdrawn, or non-communicative
  • Fractures
  • Head injuries
  • Malnutrition
  • Infections
  • Bed sores
  • Rapid weight loss or gain
  • Unexplained wounds, bruises, and cuts
  • Sudden and unusual behavior changes
  • Reluctance to speak in front of staff members
  • Isolation

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It’s common knowledge that accidents involving tractor-trailers (otherwise known as 18 wheelers and big rigs) can be deadly. Due to a large truck’s sheer weight and size (up to 80,000 pounds), drivers and passengers in smaller vehicles are disproportionately at risk of serious injury and death when involved in a collision involving a large truck. But what many people are not aware of are the multiple blind spots, on both sides and behind tractor trailers. Knowing that these blind spots are there, where they are located, and how to ensure that truck drivers can see your vehicle, may just save your life.

Avoid the “Danger Zones”

When driving beside or behind a tractor-trailer, avoiding the “danger zones” can dramatically reduce your chances of being involved in an accident. Danger zones are located:

  • 20 feet in front of the truck;
  • on both sides of the truck;
  • and 30 feet behind the truck.

Interestingly, the blind spot on a tractor-trailer’s left side is slightly smaller than that on the right. For this reason, it is usually safest to pass on the left side. A MA trucking accident lawyer can help you determine how to proceed if you’ve been injured in an accident involving a large truck.

In addition to being aware of the blind spots, drivers of passenger vehicles should also take into account the extended time that it takes large trucks to come to a complete stop, up to 40 percent longer than passenger vehicles. If you find yourself in a truck’s danger zone, consider decelerating or accelerating (whichever option is safest) to remove yourself from the blind spot.

Trucking Accident Statistics

Trucking accidents kill thousands of people in the United States annually. Causes range from driver negligence to equipment failure. A Boston injury lawyer can help you recover damages if you’ve been injured in a trucking accident.

  • In 2015, 3,852 people died in accidents involving large trucks.
  • About 69 percent of these fatalities were occupants of passenger vehicles, while 16 percent were truck occupants, and 15 percent were motorcyclists, bicyclists, or pedestrians.
  • The number of people killed in accidents involving large trucks in 2015 was up 22 percent from the lowest year on record, 2009.
  • Common causes of trucking accidents include, driver fatigue, improper truck maintenance, distracted driving, equipment failure, driver texting, speeding, and inadequate training.

In addition to avoiding “danger zones,” you can stay safe when driving near tractor-trailers by following the tips below:

  • Avoid making abrupt lane changes in front of a large truck.
  • Don’t maneuver to the right of a large truck while it is making a right-hand turn.
  • Misjudging the speed of an approaching truck at an intersection can be deadly; avoid making a left turn in this scenario.
  • When a large truck begins to change lanes, accelerate or decelerate as appropriate.
  • Beware of air turbulence and cross-wind when passing a truck.
  • Use caution when merging into traffic ahead of an oncoming truck.
  • Do not drive between two large trucks.
  • Never abandon a vehicle in a travel lane.
  • If your car breaks down, pull safely onto the shoulder of the road.

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The parents of a three-year-old child who died in a tragic accident at a Head Start child care program are suing for $10 million. The wrongful death lawsuit alleges that the child’s death could have been prevented if reasonable care had been exercised to ensure a safe environment.

The accidental death occurred at a Head Start in Dearborn Heights, Michigan. Several retractable lunch tables were leaning against a wall that the child was playing next to. The heavy, decades-old tables fell from the wall, opening up, and crushing the small child. In addition to not being properly secured to the wall, the tables were in disrepair and hadn’t been used for years. The lawsuit alleges that proper inspection of the tables would have prevented this tragedy.

What is Wrongful Death?

When negligence, carelessness, or recklessness results in a death, surviving family members can obtain compensation through a wrongful death lawsuit. Wrongful death liability differs from liability for death caused by misconduct and criminal behavior in that the liable person or persons didn’t intend to cause the death. As such, wrongful death lawsuits impose civil, not criminal, consequences. In many cases, a surviving spouse, parent, or child can file a lawsuit and obtain compensation to effectively replace the loss of income, benefits, and other forms of financial and emotional support.

There are time limits to filing a claim for wrongful death. An experienced MA personal injury attorney can help you determine if you should file a wrongful death lawsuit following the death of a loved one. In addition to time limits, the loss of evidence over time can negatively impact the outcome of your lawsuit. As with most types of injury lawsuits, time is of the essence.

Liability of Child Care Facilities

Kids get hurt. And not all bumps and bruises are the result of negligence. But serious injuries, and even chronic minor injuries, may indicate negligence. In some cases, injuries can even indicate abuse. A Boston injury lawyer can provide a free consultation to help you determine whether you have a strong enough case to warrant a lawsuit.

Common Injuries Related to Child Care Negligence and Abuse

Negligence and abuse can take many forms, resulting in minor or serious injures, even death. Some of the more serious injuries include:

  • Injuries from high falls
  • Drowning
  • Dehydration from lack of access to water
  • Choking on non-food objects
  • Injuries suffered from “wandering away” due to inadequate fencing or gating
  • Burns or injuries related to exposure to chemicals and toxic or poisonous substances
  • Cuts and wounds from sharp or rusty objects

Proving Liability

Determining whether your child’s injuries are a result of negligence or abuse isn’t always an easy task. There are certain elements used to determine liability in child care negligence claims. These elements include:

  • The care provider had a duty to exercise reasonable care.
  • The care provider breached that duty.
  • The injury would not likely have occurred if the care provider hadn’t breached his or her duty.
  • The injury was caused by the breach.

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