A 21-year-old man sustained third- and second- degree burns in a Springfield, MA injury accident involving a leaf blower and a lit cigarette. Javier Rivera was reportedly using the machine when gas spilled onto his arm while it was being refueled.
At the time, Rivera and another man were using the leaf blower. Rivera’s arm ignited when one of them lit a cigarette.
Depending on the specifics of what happened, Rivera may have grounds for filing a Massachusetts personal injury lawsuit. For instance, if the gas spilled out of the leaf blower because of a product defect, then he may be able to pursue a Massachusetts products liability case against the manufacturer. Another possible reason for a defective product lawsuit would be a failure to warn of dangers involved with using the leaf blower and not providing instructions for proper and safe use. Also, if it was Rivera’s companion that lit the cigarette then this could be grounds for a Springfield personal injury case against him.
Massachusetts Personal Injury
To prove negligence in a Springfield injury case, the plaintiff must show that another party was negligent. Because Massachusetts is a comparative negligence state, if a victim contributed to his/her own injuries, then the amount he/she can receive is lowered by the percentage of responsible attributed to the claimant-unless that percentage of negligence is 51% of greater, in which case a plaintiff cannot receive any compensation.
There may be more than one party who should be held liable. If so, each party would be held responsible for part of the damages that would be proportionate to the percentage of fault allotted. Massachusetts’ joint and several liability rules, however, lets a plaintiff sue one person for all damages. If the plaintiff wins the case then that party can sue the others that are at fault for repayment.
Javier Rivera of Springfield suffers 2nd, 3rd degree burns in leaf-blower accident, MassLive, November 21, 2011
Springfield man burned in leaf blower accident, Boston Herald, November 22, 2011
Related Web Resources:
Burns, Medline Plus
Products Liability, Nolo
More Blog Posts:
$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011
Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater, Boston Injury Lawyer Blog, May 25, 2011
To schedule your free case evaluation, contact Altman & Altman, LLP and ask to speak with an experienced Boston injury lawyer.