Boston Injury Attorney Blog

As Boston personal injury attorneys, we understand that space heaters are essential to some to stay warm in the winter. However, to avoid personal injury care needs to be taken when using space heaters in your home. This is because space heating is a leading cause of residential fires.

According to holidaysafety.org, if you must use space heaters, consider the following safety tips:

1. Be sure your space heater bears the mark of a nationally recognized testing laboratory.
2. Check the cord. If frayed, worn or damaged, do not use it.
3. Do not use space heaters with extension cords. Plug them directly into an outlet on an unburdened circuit.
4. Keep space heaters at least 3 feet away from anything that can burn, such as bedding, curtains, furniture, clothing, and paper.
5. Place space heaters on level, flat surfaces. Never place heaters on cabinets, tables, or furniture.
6. Do not use a space heater in damp or wet areas unless it is specifically designed for use outdoors or in bathrooms.
7. Keep space heaters out of high-traffic and exit areas.
8. Do not use space heaters to warm bedding, cook food, dry clothing or thaw pipes.
9. Do not leave a space heater unattended and turn them off and unplug them when you leave the room or go to sleep.
10. Finally, do not use space heaters in rooms where children are unsupervised.

Continue reading "Staying Warm in Massachusetts this Winter" »

In Massachusetts, personal injury claims are not easily made against the government . The Massachusetts Torts Claims Act is the vehicle by which claims are made against a government entity.

Recently, an elementary school student in Massachusetts brought an action against the Reading, Massachusetts school district, alleging that principal's negligent choice of a concrete courtyard as a location for the student's recess caused the student to suffer injury when he fell and hit his face on a concrete bench. At issue was the decision to hold recess in the cement courtyard, which materially contributed to cause the harm. The principal apparently had alternative options, including the school gymnasium, which was equipped with padded walls. The court ruled that the town not immune from being sued, because the principal's decision to hold recess in the courtyard did not rise to the level of policymaking.

The case is called Gennari v. Reading Public Schools, 77 Mass.App.Ct. 762 (2010). The Court noted that: "None of this, of course, is to say that principal Callan's decision was negligent. That has not been proven, and it is a question on which we express no opinion; it is one for the jury." As a result of this decision, summary judgment was denied and the case was allowed to proceed to the next level and be decided by a jury.

In an age of tight fiscal responsibility, this is a good decision for plaintiffs, as an example whereby the Court did not shield the government from liability for a decision made by a school administrator.

Continue reading "Massachusetts school may be liable for playground injury" »