Wrongful Death Category Archives — Boston Injury Lawyer Blog Published by Boston, Massachusetts Personal Injury Attorneys

February 11, 2022

Asbestos cancer cases, often referred to as mesothelioma cases- Can I still make a claim?

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

May 10, 2021

Peloton Treadmill Recall

by Altman & Altman

In response to mandatory state and local lockdowns during the COVID pandemic, countless people have invested in expanding their own home gyms to continue to maintain or improve their fitness. While home gyms provide convenience to owners who want to avoid gym fees and crowds, they may also introduce unexpected dangers. Peloton, the wildly popular company that sells stationary bikes and other gym equipment recently recalled roughly 125,000 of its Tread and Tread+ treadmills per recommendation from the Consumer Product Safety Commision (CPSC) due to reported injuries from the machine and even a death. If you or a loved one have been injured as a result of a malfunction with the treadmill, you may be entitled to damages for your injuries in addition to a refund for the machine.

Why Are The Tread and Tread+ Treadmills Being Recalled?

On April 17, 2021, the CPSC issued an urgent warning to consumers who used the treadmill machines, warning that there were at least 39 reported incidents of injuries involving the treadmill. The injuries that they described included children, pets, and objects being unexpectedly pinned under a treadmill. At the time, Peloton believed the warning to be “inaccurate and misleading” and did not take any immediate action. Less than 2 weeks and many additional reported injuries later, the CPSC amended their original statement with a stronger finding.

July 20, 2020

The rising epidemic of college student suicide – What recourse do families have?

by Altman & Altman

College is a major transition for young adults and is oftentimes the first experience they have out of their family’s household. This can be overwhelming, and for many, they may deal with new and different mental health struggles that they do not necessarily know how to cope with. Students may feel isolated from friends and family, pressured with their newfound freedom, and stress from the academic demands of their school. Some may be presented with alcohol or drugs for the first time, which may trigger an unknown predisposition to depression or suicidal thoughts.

Suicide among college students has been rapidly rising and is currently the second leading cause of death of adults ages 15-24. Studies indicate that 1 in 5 college students have had thoughts of suicide, with 9% reporting suicide attempts. In response, colleges have tried to counter this uptick by widening mental health services on campus and availability or suicide awareness programs.

Risk factors include

Major depression or personality disorders
Substance abuse problems
Traumatic or stressful life events
Prior suicide attempts
Isolation and lack of support
Impulsiveness
Lack of coping skills
Access to a suicide method

Warning signs include

Mood swings
Decreased hygiene
Talking about suicide
Statements of hopelessness
Interest in death
Sudden happy or calm state
Loss of interest in activities
Poor academic performance
Saying goodbyes
Giving away possessions
Substance abuse
Self-harm
Risky behavior or recklessness

What You Can Do

Friends and family that notice these warning signs can do a lot of things to help. Simply being there for the person can make a difference, but it is important to remember that your support is not a substitution for professional help. Medications and therapy have proven invaluable in treating symptoms that contribute to suicide. The national suicide prevention hotline is available 24/7. You can access it by calling 1(800)273-8255. Continue reading

January 21, 2020

Who is Responsible for the Rise of Student Suicide on College Campuses?

by Altman & Altman

It’s hard to imagine something more tragic than the loss of a life that had only just begun – but those who have experienced the tragedy of a college student committing suicide know the pain and emotional trauma that follows all too well. Even worse, sometimes clear signs are missed that could have helped or potentially saved the young person’s life. If you believe there were extenuating factors surrounding the suicide of a loved one, contact an attorney from Altman & Altman LLP to investigate right away.

Young adult suicide rates alarmingly high

According to the American College Health Association, suicide rates for young adults aged 15-24 has tripled since the 1950s – with suicide being the second most common cause of death among college students. The Center for Disease Control and Prevention, too, reports it as the second leading cause of death for people between the age of 10 and 24. A study by the Harvard University Medical School found that as many as 20 percent of college students in the U.S. reported having suicidal thoughts in the course of one year.

There is not an empirically accepted reason for why this is, as much research still being conducted, but factors may include the fact that college students are not only removed from their support networks for the first time in their lives, they are also likely under the most pressure to succeed in their lives as well. They are tasked with excelling in school while maintaining a social life on their own, all with the knowledge that they should have a good idea of what they want to do for work for the rest of their lives within the four-year window of schooling.

If a student already has undiagnosed mental issues or other mental problems – like a traumatic history or drug addictions – that make depression or suicidal thoughts more likely, it can create a perfect atmosphere for those tragic thoughts to take root and grow.

Many colleges have robust mental health facilities and take caution to train staff to look out for the signs of depression and anxiety – which can lead to suicide. Other campuses, however, are not so progressive in looking out for their students. Even when universities try to prevent such tragedies from occurring, it can still happen anywhere. Rowan University in New Jersey recently experienced three suicides in the span of just two months, which rocked the campus and prompted them to take steps to improve mental health counseling access and even the opening of a full-time pet therapy center. Continue reading

January 14, 2020

How Ikea’s Dangerous Furniture Design Can Cause Fatal Accidents For Children

by Altman & Altman

Often we assume that dangers outside the home are the most likely to cause us harm. However, sometimes it’s the items found within our own homes can cause debilitating injuries or even wrongful deaths. Items like heavy furniture can be especially dangerous to children, and if you or a loved one or a child was injured or wrongfully killed in an accident involving furniture or other household items, contact a wrongful death attorney at the Cambridge law offices of Altman & Altman LLP today.

These tragedies can occur at any time

It may seem unlikely, but a furniture-related accident can happen at any time. Consider how easily a young child can wander away from your watchful eye. It can only take a matter of seconds before a child pulls out a drawer of a dresser and stands in it, simply wanting to play, only for the whole dresser to become off balance and fall onto the child.

These types of accidents have taken the lives of children in places across the world. Most recently, a California family was awarded $46 million in a settlement with Swedish furniture giant Ikea after a similar accident involving a dresser claimed the life of their two-year-old child. It is reportedly the largest settlement paid to a family for the wrongful death of a single child in United States history. In 2016, Ikea paid $50 million to the families of three other children who had been killed by the same type of dresser.

Families of the child victims say that Ikea was aware of the potential dangers involving that specific dresser, especially after the settlement in 2016. Despite this knowledge, they alleged the company did not do enough to get dangerous dressers recalled or do enough to promote better safety in newer models they produced since the wrongful deaths occurred. Ikea, through a spokesperson, took responsibility for the action and offered their condolences to the California family.

Children aren’t the only ones at risk

While children are vulnerable to furniture-related accidents more than an able-bodied adult would be, children are not the only one who can be injured in such an incident. The elderly – especially those who are living alone or with minimal supervision – can easily become injured if a heavy piece of furniture were to topple over.

Perhaps they lose their balance and grab for the nearest thing to catch them, and the furniture is on wheels without any braking mechanism or is too top heavy by design. The furniture could easily then topple over and land on the senior citizen, which would likely cause severe injuries such as lacerations, broken bones, concussions or other major trauma. This could result in extensive hospital stays with necessary and risky surgery, permanent mobility problems and, in the worst cases, death. Continue reading

October 12, 2018

Wrongful Death Lawsuit Filed Against Walmart After Fatal Parking Lot Shooting

by Altman & Altman

According to the Atlanta Journal-Constitution, Fadil Delkic allegedly drove his car too close to a family in a Snellville, Georgia Walmart crosswalk. Troy Hunte and his girlfriend confronted Delkic, who remained in the vehicle and attempted to avoid an altercation (as evidenced by a surveillance video). Unfortunately, his attempts were in vain. Hunte shot and killed Delkic a few moments later. The victim’s widow, Bahra Delkic, has brought a wrongful death lawsuit against Walmart, claiming that the mega-retailer lacked adequate security.

“Given the history of violence in their parking lots,” the lawsuit claims, “and Wal-Mart’s [sic] knowledge they were not employing adequate security measures, it was foreseeable to Wal-Mart that the Plaintiff would be attacked in their parking lot and sustain serious injury or death.” A Boston wrongful death attorney can help you determine how to proceed if you’ve lost a loved one due to the negligence of another.

Nothing New for Walmart

Walmart has experienced somewhat of a crime wave in recent years. Last year, law enforcement was called to the four Walmarts in Tulsa, OK nearly 2,000 times. While most of those calls are for shoplifting, there are plenty of more serious offenses, including five armed robberies so far in 2018, a murder suspect who shot himself in the parking lot in 2017, and a 2014 parking lot shootout that killed one and injured several others. In fact, more than 200 violent crimes have occurred at the country’s 4,500 Walmarts so far this year, including stabbings, shootings, murders, and attempted kidnappings.

What Happened?

Delkic was actually able to drive away from the initial confrontation and found a place to park. “Then, more or less, the fight was brought to him,” said Gwinnett County District Attorney Danny Porter. Hunte’s girlfriend allegedly smacked Delkic across the face just before Hunte took out his gun and shot him in the chest.

Bahra Delkic’s lawsuit against Walmart also names Troy Hunte, who was shortly thereafter arrested and charged with murder. She is seeking compensation for “the full value of the life of Fadil Delkic, in an amount to be determined by the evidence.” A MA wrongful death lawyer can help you recover damages if you’ve lost a loved one due to another’s negligence.

Is Walmart Doing Enough?

When Doug McMillon took over as Walmart CEO in 2014, he made crime reduction at Walmart stores nationwide a priority. As a result, the retailer allegedly maintains a detailed database of crimes occurring at their stores. According to reports from law enforcement in Port Ritchie, Florida, Walmart incidents comprise nearly 50 percent of all criminal offenses in that city. Even so, Walmart’s attorneys claim that the Delkic murder was an isolated incident and that Walmart had no way to know that the argument would escalate the way it did.

Is Walmart Liable?

In recent years, courts have become increasingly likely to hold retailers liable for parking lot crimes. Whether or not Walmart is liable in the Delkic case will come down to determining how foreseeable the murder of Fadil Delkic was. If this particular store has a history of crime, or is located in a high-crime area, Walmart is likely to be found liable. Continue reading

August 1, 2018

Mass Casualty Duck Boat Accident in Branson, MO

by Altman & Altman

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

May 30, 2018

What Caused Uber’s First Fatal Self-Driving Car Accident?

by Altman & Altman

When an Uber SUV in self-driving mode struck an Arizona pedestrian in March, it was the first fatal crash of its kind. But it was far from the only accident involving an autonomous vehicle. In fact, such accidents have dominated the headlines in recent months, raising questions about the safety of self-driving technologies.

How Do Autonomous Vehicle Computers Work?

There are three different modules in the computer systems used to operate self-driving cars—the perception module, the prediction module, and the response module.

The perception module uses sensors—such as cameras, radar, and pulses of light—to identify nearby objects.
The prediction module determines how these objects are likely to “behave.” For example, is the truck ahead going to switch lanes?
The response model uses the information above to determine the most appropriate response. For example, should the autonomous vehicle accelerate, decelerate, or change lanes?

These technologies are currently being tested on public roadways in states across the nation. Arizona’s dry climate has played a major role in its becoming a hot bed for testing self-driving vehicles (which still perform better on dry roads). But Arizona’s loose laws and regulations concerning self-driving vehicles may see some changes now that someone has been killed. A Boston car accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

So, what actually caused the Uber self-driving crash that killed an Arizona woman this spring?

According to Sebastian Thrun, the Stanford professor who formerly led Google’s autonomous-vehicle department, the most challenging of the three modules mentioned above is perception. Although bicycles, pedestrians, and other vehicles are relatively easy to identify, rarely-seen objects (think of a plastic bag floating across the road) pose a problem. Thrun says that when Google first began testing autonomous vehicles, its “perception module could not distinguish a plastic bag from a flying child.”

Confused Computer

The National Transportation Safety Board (NTSB) investigated the Arizona accident, and determined that the autonomous Uber’s computer system failed to identify Elaine Herzberg as she walked across the road with her bicycle. Her presence was detected six seconds prior to the crash, but the perception module identified her first as an unknown object, then as a vehicle, and then as a bicycle, with a path the system was unable to predict. A MA car accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

According to the NTSB report, at 1.3 seconds before the crash, the computer system recognized the need for emergency braking, but the emergency braking had been disabled due to a potential conflict with the autonomous system. In such an event, the human driver is expected to react. Unfortunately, the safety operator was looking at the self-driving display screen at the time of the accident, and was unable to brake in time.

It was determined that, although the Arizona accident had multiple causes, the fault ultimately lies in the system’s design failure. The AV system should slow down, for example, if the perception module becomes confused. Of course, unexpected braking can have its own consequences. Confused self-driving vehicles have been rear-ended by human drivers when they slowed down unexpectedly. In fact, this is the exact reason why the responsibility of braking has been officially assigned to human safety operators, who are tasked with being the safety net when the AV system malfunctions or gets confused. In order for this to work, however, the human driver must be paying attention to the road as closely as the driver of a non-autonomous vehicle. Continue reading

April 24, 2018

Family of Mass Shooting Victim Sues Online Gun Seller

by Altman & Altman

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

April 4, 2018

Accidental Deaths at All-Time High

by Altman & Altman

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