Articles Posted in Wrongful Death

Are duck boats death traps? Following a tragic accident that claimed 17 lives in Missouri last week, many experts are saying duck boats should be banned nationwide. Duck boats are amphibious vehicles (originally used during WWII) that can travel on land and water, and they have a deadly history.

Anyone living in the Boston area is likely familiar with duck boat accidents; a woman was killed and a man was injured when a Boston Duck Tours vehicle ran over their scooter in 2016, and another woman was seriously injured months later when she was struck by a duck boat from the same company. A MA personal injury attorney can help you determine how to proceed if you’ve been injured by another’s negligence.

The recent accident in Missouri resulted in the death of 17 people, at least one of whom was a child. The Ride the Ducks vehicle capsized on Branson’s Table Rock Lake when a sudden storm brought 65 mph winds. Only 14 of the 31 passengers survived. One of those passengers, Tia Coleman, lost nine family members in the tragedy—three children, her husband, two nephews, her mother-in-law and father-in-law, her sister-in-law, and an uncle. Only she and a nephew survived. Coleman claims that the boat’s captain told them not to worry, and that there was no need to use life jackets. When it became apparent that they needed the life vests to survive, it was too late.

“When that boat is found, all those life jackets are going to be there,” said Coleman.

Sinking Coffins

Not only was this not the first fatal duck boat accident in the country (not even close), it wasn’t the first for this particular company. Ride the Ducks has been sued multiple times for fatal duck boat accidents. Experts are calling these vehicles “sinking coffins.” After an accident that killed 13 people in Arkansas nearly 20 years ago, the National Transportation Safety Board (NTSB) recommended that the canopies on all duck boats be removed for safer escape. In those 20 years, almost nothing about duck boat structure or operations has changed. Not only are the canopies still there, but the design on most duck boats is nearly identical to their original WWII design.

In addition to their on-water dangers, duck boats are considered to be dangerous when driving on land because their unusual design creates a deadly blind spot. In last year’s fatal accident in Boston, the duck boat driver couldn’t see the scooter stopped at a red light directly in front of him because of the duck boat’s shape. A Boston personal injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

In Seattle in 2015, a fatal collision involving a duck boat and a bus resulted in the death of five college students. Another 69 passengers were injured. Branson-based Ride the Ducks, who also manufactured the Seattle duck boats, was fined $500,000. And in 2015, a woman was struck and killed while crossing a Philadelphia street. That duck boat was also connected to Ride the Ducks. Continue reading

Mass shootings have dominated the media in recent months and years, resulting in a heated debate about gun control laws nationwide. The number one question following every one of these tragedies is: How did the shooter get a gun?

In many recent mass shootings, the shooter obtained the gun legally, prompting many Americans to call for stricter gun legislation at the state and federal levels. In the most recent shooting, in which a white man shot four African-Americans in a Tennessee Waffle House, the shooter obtained the gun from his father, who had a legal right to possess the firearm.

Can Victims Sue Gun Sellers?

In a 2012 mass shooting that also claimed four lives, the gunman bought his gun at online gun retailer Armslist.com. Now the daughter of one of those victims is suing Armslist, alleging that they contributed to the murder of her mother. The court initially dismissed the case, but an appeals court has ruled that it can continue. A Boston injury lawyer can help you determine how to proceed if another’s negligence has caused you harm.

Radcliffe Haughton shot and killed four people at a spa in Milwaukee in 2012. Among the victims was his estranged wife, Zina. According to federal law, Haughton was prohibited from owning any type of firearm due to his history of domestic violence. But Haughton found a loophole. In Wisconsin, purchases at dealers require a background check and waiting period, but private sales do not. Therefore, Haughton was able to purchase a gun, from a private seller, through the Armslist website.

The lawsuit against Armslist was actually filed by the shooter’s stepdaughter. Yasmeen Daniel, the daughter of one of Haughton’s victims who also happened to be his estranged wife Zina, alleged that Armslist lacked necessary safeguards to prevent guns from getting into the wrong hands, and even facilitated and encouraged the illegal sale through its website’s design.

After the circuit court determined that Armslist could not be liable for the death of any of Haughton’s victims, the Wisconsin Court of Appeals ruled that the company may have used a “website design feature to facilitate illegal firearms purchases,” and allowed the lawsuit to continue. A MA injury lawyer can help you recover damages if you’ve been injured by another’s negligence.

Statistics on Mass Shootings

Between 1966 and 2018, there have been 154 mass shootings, resulting in 1,081 deaths. Some of the shooters had criminal pasts or a history of domestic abuse, while others seemed perfectly normal up until the attack. All of the shooters but three were men. Most were between 20 and 49 years of age, and more than half died at the scene, often an act of suicide.

There has been an increase in large, mass shootings in recent years, with just three—those at Sandy Hook elementary school, a Las Vegas club, and Parkland high school—claiming the lives of nearly 100 people, many of them children. Several states have tightened their gun legislation in response. With MA having one of the strictest gun control laws in the nation, our rate of gun violence has seen a dramatic drop. Continue reading

According to a recently-released National Safety Council (NSC) report, the number of accidental deaths and injuries is at an “all-time high.” In fact, the rate of accidental deaths spiked more than 7 percent in 2015, accounting for an additional 146,571 lives lost that year. As a result, accidental deaths have become the fourth-leading cause of death in the United States. Only heart disease, cancer, and chronic lower respiratory disease take more lives.

According to the NSC’s Ken Kolosh, we shouldn’t refer to these deaths as accidental because “they’ve been proven over and over again to be 100 percent preventable.” By using terms like accidental or unintentional, we create the assumption that nothing can be done to prevent these injuries and fatalities. The reality is, when people follow certain safety precautions, the risk of accidental injury or death drops dramatically.

Over the past thirty years, U.S. deaths have actually dropped by nearly 20 percent, while “accidental” deaths have risen about 27 percent. To further emphasize the severity of this problem, consider the following calculation: if accidental deaths had followed the trend of overall deaths, nearly 60,000 lives would have been saved in 2015. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Why the Increase in Accidental Deaths?

According to the NSC, factors contributing to the increase in accidental deaths may include:

• An increase in unintentional poisonings, fueled mostly by the nation’s opioid crisis (opioid overdoses are involved in 46 deaths every day in this country);
• An unexplained rise in fall-related deaths;
• Rise in deaths related to car crashes (nearly 38,000 deaths in 2015)—many experts believe distracted driving is to blame, but there are also simply more motor vehicles on the road than at any time in history.

The NSC predicts that the 2016 figures will be even higher—it estimates a six percent or greater increase (these figures won’t be released for at least several months).

How to Prevent Accidental Deaths

Accidental poisonings by way of opioid and other prescription drug overdoses can be avoided by discussing possible drug interactions with your doctor and ensuring that all medications are properly labeled and stored in your medicine chest. You should also:

• Take medications exactly as prescribed;
• When first taking a medication, report any problems to your physician immediately;
• Never take another person’s painkillers’
• Use a pill box to organize multiple medications;
• Keep a diary of how much medication you are taking and when you take it.

Motor vehicle accident fatalities can be reduced by following the safety precautions below:

• Never drive under the influence of drugs or alcohol;
• Do not speed;
• Always wear a seatbelt;
• Avoid driving in inclement weather whenever possible;
• Avoid driving late at night whenever possible;
• Never text or talk on the phone while driving;
• Make sure your vehicle is in good working order at all times;
• Obey traffic rules.

Accidental deaths related to falls can be reduced by following the tips below:

• Avoid getting excessively drunk;
• If you need glasses, wear them;
• Area rugs should have non-slip backing, and corners that stick up should be nailed down;
• Place a rubber mat in your tub or shower;
• Keep walkways well lit and clear of clutter and debris;
• If using a ladder, make sure that it is in good repair and you know how to use it properly;
• Avoid walking on icy sidewalks or wet floors;
• If you have balance problems, use a walker or cane;
• Maintain your health and physical fitness through regular exercise.

A MA injury lawyer can help you recover damages if you’ve been injured in any type of accident. Continue reading