Articles Posted in Wrongful Death

Despite the Commonwealth’s reputation for strong government regulation, boating in Massachusetts appears to function a little more like the Wild West. Anyone 16 or older can operate a boat without completing even a basic safety course, according to a recent article in the Boston Globe. This makes Massachusetts somewhat of an outlier in the region, as neighboring states Connecticut, Rhode Island, New Hampshire, and Vermont all require motorboat pilots to have a safe boating certificate.

Each year, thousands of boating accidents kill hundreds of people across the United States. In 2022, the U.S. Coast Guard counted 4,040 accidents, 2,222 non-fatal injuries, and 636 deaths. Although this marks a decrease from 2021, the COVID-19 pandemic in 2020 saw a surge in boat sales and a drop in boater education, meaning many untrained boaters may still be on the water. After crashes this summer caused the death of a Boy Scout from Lexington and a teenage girl on Cape Cod, boating safety is receiving renewed attention in Massachusetts.

New Proposed Boating Safety Bill

American workplaces have seen a concerning increase in on-the-job deaths, according to a news release by the Bureau of Labor Statistics (BLS). A total of 5,190 people in the United States died from job-related injury in 2021 — the equivalent of one worker every 101 minutes. With 3.6 fatalities per 100,000 full-time workers, this marked the highest annual fatal work injury rate since 2016.

This troubling trend serves as a stark reminder of the risks that many American workers face on a daily basis. From construction sites to underground mines, dangerous workplaces can lead to fatal accidents that leave families devastated and struggling to cope.

Leading Causes of Workplace Deaths

Navigating the streets of the Bay State can be treacherous for even the most seasoned of drivers. According to recent studies, Massachusetts has the fourth-worst roads in the country and Boston has the fourth-worst traffic in the world. A new Forbes Advisor report sheds more light on the issue by pinpointing the most dangerous times to drive in the state.

As it turns out, you may want to start driving more cautiously during your evening commute. According to the report, the most deadly time to drive in Massachusetts is between 5 and 6 pm. Using National Highway Traffic Safety Administration (NHTSA) data for 2016 to 2020, Forbes Advisor found that more fatal car accidents happened in the state during this hour than during any other. The same was true for Maine and New Hampshire.

This time was slightly earlier than the country as a whole. Nationwide, the report found that 6 to 7 pm is the most dangerous hour to drive. The next most deadly time is 8 to 9 pm, followed by 9 to 10 pm. Overall, the most dangerous driving hour in the majority of states falls between 3 and 10 p.m., especially after sunset.

Dangerous jobs continued to hurt and kill workers in “alarming numbers” last year, according to a report by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and the Massachusetts AFL-CIO. Specifically, the report found that 51 workers suffered job-related fatalities in 2022. Although this represented a drop from the Commonwealth’s 62 workplace deaths in 2021, the report noted that many such fatalities are preventable.

Workplace Injuries and Deaths in Massachusetts

Published in April, the report showed that 39 workers died of traumatic work injuries and 12 died of work-related disease in 2022. The true numbers may be much higher, however, because the data does not include all people who died after contracting COVID on the job. In addition, injuries and illnesses are not always reported or properly recorded.

Long concerned about the safety of the town’s railroad crossings, Alex Bezanson planned to prioritize the issue when he became the chairman of the Abington Board of Selectmen last year. Just two weeks later, a teenager walking home was tragically struck and killed by a train at the Birch Street crossing.

After that incident, the town hired a transportation consulting firm to study the safety of railroad crossings along the Abington corridor. The findings were included in an April 25, 2023 letter to the Massachusetts Bay Transportation Authority (MBTA). The very next day, another fatal train incident occurred at the same intersection.

Recent Deadly Train Accidents in Abington

After the accidental shooting of cinematographer Halyna Hutchins on the “Rust” set in 2021, her family agreed to settle their wrongful death lawsuit against the film’s producers. In 2023, her parents and sister filed a new suit against Alec Baldwin and other parties, alleging negligence, battery, intentional infliction of emotional distress, and loss of consortium. While you may have heard of the other kinds of claims, what exactly is “loss of consortium”?

A loss of consortium claim seeks financial compensation for the damage to a relationship caused by the death or injury of a family member. Specifically, it is a type of personal injury claim by individuals who have lost the benefits of a close relationship, such as comfort, companionship, affection, marital intimacy, or assistance with parenting or housework.

In some states, only spouses can claim loss of consortium. In other states, parents and children may also be able to make a claim. Massachusetts loss of consortium claims are available to married couples whose spouse is injured, minor children whose parent is injured, dependent adult children whose parent is injured, and parents whose minor child is injured.

Companies are reminding consumers not to use two recalled models of baby rocker sleepers, after more infants have died since the recalls were issued in 2019. Both announcements also include a warning that it is illegal to sell or distribute the recalled sleepers, many of which may still be in circulation.

Fisher-Price announced the recall of 4.7 million Rock ‘n Play Sleepers after at least eight additional deaths were reported, bringing the total to approximately 100 infants who have died while using the product. Kids2 announced the recall of nearly 700,000 Rocking Sleepers after at least four more babies died, bringing the total number of fatalities to 15.

Dangerous Infant Sleep Products

The parents of a former Stanford student have sued the university following their daughter’s suicide, according to multiple news sources that have reviewed the complaint. A senior and goalkeeper for the school’s soccer team, Katie Meyer ended her life in her dorm room on February 28. At the time of her death, the 22-year-old faced disciplinary action from Stanford that put her degree on hold and threatened to remove her from the university.

Meyer Charged Over Coffee Incident

The disciplinary charges stemmed from an incident where Meyer allegedly spilled coffee on a Stanford football player accused of sexually assaulting a female soccer player. It is unclear whether the spill was accidental or whether Meyer was defending her soccer teammate.

American roads have become increasingly dangerous for walkers. According to Governors Highway Safety Association estimates, drivers killed nearly 7,500 pedestrians in 2021 — the highest number in 40 years. And in Massachusetts, MassDOT crash portal data indicate that pedestrian deaths rose 40% between 2020 and 2021, rebounding even higher than pre-pandemic normals.

Pedestrian Fatalities in Massachusetts

While pedestrian accidents can happen anywhere at any time, a WalkBoston report identified several key factors regarding Massachusetts pedestrian deaths in 2021.

The health hazards of asbestos have been widely known since at least the 1970s. By the 1980s, an explosion of lawsuits linked asbestos exposure with mesothelioma, a rare but aggressive form of cancer with no known cure. Recognizing the potential dangers, the Environmental Protection Agency (EPA) largely banned new asbestos products in 1989.

So why do we still hear about asbestos-related mesothelioma in the news and on late-night television? Why are companies still awarding multimillion-dollar settlements to mesothelioma patients and their families? Because over 3,000 people are still diagnosed with mesothelioma every year–and asbestos is almost always the cause.

Although asbestos has mostly disappeared from new materials, exposure continues. An estimated 3.5 million buildings in the U.S. still have asbestos. In addition, mesothelioma has an unusually long latency period. Symptoms may not appear for 20-50 years, which means people exposed to asbestos in the 1970s may just now be diagnosed with the disease.

Who Gets Mesothelioma?

Asbestos is a naturally occurring mineral that rarely causes health problems in small doses. Its unique properties, however, make it attractive for widespread industrial and commercial applications. Because of its resistance to heat, fire, and corrosion, asbestos was particularly popular in the construction industry. It appeared in building insulation, roof shingles, ceiling and floor tiles, and cement. But its use didn’t stop there–at one time in the U.S., asbestos could be found in everything from brake pads to fireproof clothing to hair dryers.

For that reason, millions of Americans have been exposed to asbestos. But mesothelioma most often occurs after years of direct occupational or environmental exposure. The professions most at risk for asbestos-related health problems include the following:

  • Automotive, shipyard, and railroad workers
  • Aircraft and auto mechanics
  • Industrial, factory, and power plant workers
  • Building remodelers, drywall removers, and demolition crews
  • Construction workers and carpenters
  • Insulation manufacturers and installers
  • Firefighters and other first responders
  • Miners
  • Plumbers
  • Electricians

Because workers can bring home asbestos fibers on their clothing, family members are also at risk for secondary exposure. 

Mesothelioma Lawsuits

Asbestos-related injuries have been documented since at least the 1920s, but the material wasn’t well regulated for another half-century. As the scientific link between asbestos and mesothelioma became clear, thousands of victims filed claims. Mesothelioma lawsuits allege that employers, corporations, manufacturers, and governments hid the dangers of asbestos for decades.

Over the years, asbestos cancer victims have received millions of dollars in jury trials, corporate settlements, and class-action lawsuits. Mesothelioma is a devastating disease, with expensive medical bills and a 5-year survival rate of only 10%. Partly for that reason, compensation can be huge: juries have reached asbestos liability verdicts of $250 million, and mesothelioma settlements of over $1 million are not uncommon. Continue reading

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