Boston Injury Attorney Blog

A 2009 hit-and-run pedestrian accident on a Massachusetts college campus has recently been settled for $3.25M. According to Massachusetts Lawyers Weekly, the plaintiff pedestrian, a 21-year-old college student at the time, was injured when she was struck by a vehicle on campus. The defendant operator of the vehicle was found to be driving while intoxicated (DWI) when the accident occurred. Unfortunately, the injuries sustained by the plaintiff were so severe she is unable to accurately recall the accident. In all, she suffered multiple traumas, including a foot-long scar on her face. She also sustained facial fractures and brain hemorrhage. The injuries required numerous reconstructive surgeries, totaling $77,000 in medical bills.

The defendant operator fled the accident scene, but was soon apprehended by campus police. He later pled guilty to driving while intoxicated (DWI), leaving the scene of an accident, and reckless driving. The defendant resided with his parents at the time of the accident. He held an underlying motor vehicle liability policy of $250,000 on the vehicle and $5 million homeowner's umbrella policy. After mediation, the case ultimately settled for $3.25 million paid by the umbrella carrier.

Hit-and-run pedestrian accidents are unfortunately all too common in Massachusetts. Earlier this month, a 6-year-old boy sustained serious injuries after being struck by a car on Delhi Street, near the Walker Playground, in Mattapan. He was treated at Boston Medical Center and police are still looking for the accident vehicle.

Most pedestrian accidents are the result of a motorist's negligence. Such negligence can take the form of operating under the influence, failing to abide by traffic laws and road signs, texting while driving, speeding, running red lights or stop signs, failing to stop at a crosswalk, or simply not paying adequate attention to the road. Sadly, insurance companies may attempt to fault the pedestrian to avoid payment. Consequently, a claim's success often hinges on a swift and thorough investigation of the motorist. As such, victims of a pedestrian accident or their family should seek legal representation as soon as possible.

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Two college students in Boston fell from apartment building roofs, one sustaining serious injuries and the other fatal injuries. The first fall occurred on Marathon Monday, in Brookline, Massachusetts. The fatal fall occurred in the South End of Boston. Now, Boston officials have warned all landlords to inspect and secure their rooftops to prevent future falls, injuries, and fatalities.

The Marathon Monday fall occurred on Beacon Street in Brookline, Massachusetts, when a 22-year-old Babson College student fell five stories through a rooftop skylight, hitting stairway railings and other fixtures on his way down. Miraculously, the man sustained only minor injuries and is expected to fully recover. He was released earlier this week from Massachusetts General Hospital with cuts, scrapes, bumps, and bruises. Just two days after the first fall, a 21-year-old Emerson College student fell four-stories from the rooftop of a South End apartment. Sadly, he was not so fortunate and his injuries proved fatal.

According to the Boston Herald, the Inspectional Services Department is now investigating the buildings where the falls occurred. The Department will determine if building managers committed any violations, such as inadequate maintenance, ignoring hazards on the premises, or allowing access to unsafe areas of the building. Under Massachusetts law, landlords, residential property owners, and commercial business owners are required to ensure that there are no hazards on their properties that can potentially cause injuries or death. Failure to meet this requirement can result in premises liability for personal injury or wrongful deaths. A landlord may also be responsible for breach of warranty of habitability if the property is not maintained up to building code. If there exists a breach of warranty, both tenants and their guests can potentially recover for injuries sustained on the property.

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Recently, the Massachusetts Department of Public Health has expressed concern over the number of Massachusetts teen work injuries. Over the last decade, the number of work-related injuries sustained by Massachusetts teens has seen only minimal declines. According to the Boston Globe, from 2004-2008, three Massachusetts teens under age 18 were fatally injured while working and more than 4,000 sought emergency care for injuries sustained on the job. Now, nearly 3 teens for every 100 with jobs in the state have sustained a work-related injury. While this appears to be a low rate, that is about twice the rate for older workers in the state.

The Massachusetts Department of Health discovered the underwhelming improvements in teen work-injuries after their "Teens at Work" project, which collects data from area hospital emergency departments and workers' compensation claims. According to John Auerbach, the state's public health commissioner, the Department of Health was "trying to determine what type of injuries occur so we can prevent them in the future...sometimes, what's required is more training, sometimes educating employers, and sometimes changing laws."

About 30% of teen work-injuries occur in retail jobs and an additional 30% in hotel, restaurant, and food-service jobs. According to the Massachusetts Department of Public Health, what is most troubling about the findings is that employers consistently violate minor employment laws in the state. For example, despite a law prohibiting most work for minors under age 14, nearly one-fifth of Massachusetts middle schoolers reported that they held a job in 2009. Additionally, many of the reported injuries occur when the teens are carrying out orders from their employers. This has resulted in a number of reported injuries, including "thumb cuts from meat slicers, shoulder strains from heavy lifting, and hand injuries from cracked plates in the dishwasher."

Under federal law, minors cannot be placed in dangerous work situations. Nine months ago, the specific regulations were passed that prohibit minors from engaging in such dangerous activities like using meat slicers, wood-working machines, or bakery equipment. As this latest report shows, though, Massachusetts employers are not adhering to the laws as strictly as they should.

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The estate of a Webster, Massachusetts nursing home patient was recently awarded $325,000. The award came after the elderly woman sustained multiple fractures from a wheelchair fall at the Webster Manor Healthcare Center. The fractures were fatal and resulted in a wrongful death claim against the nursing home. The ensuring case, Bruno v. Webster Manner, was heard in front of Judge Dennis Curran in Worcester Superior Court.

Massachusetts Lawyers Weekly reported that the elderly woman was identified as high risk for falls and her care plan required 15-minute check-ins by the nursing home staff and a personal alarm. An expert witness for the plaintiff testified that the nursing home's inadequate care for the resident was to blame for her fall. The jury found there was not enough supervision and the resident's wheelchair should have been equipped with a pressure alarm that would have warned of the accident.

Senior citizens are perhaps the most vulnerable and defenseless demographic in our society. As our senior population continues to grow, many families have trusted nursing homes to provide quality care for their loved ones. Unfortunately, nursing home abuse and neglect is all too common. What is most discouraging, though, is that the majority of nursing home abuse and neglect cases go unreported. Nevertheless, there are both federal and Massachusetts state laws in place to ensure that all nursing home residents are afforded the safe and sanitary living conditions they deserve.

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Due to unsafe working conditions, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently fined a Massachusetts company. The Danvers, Massachusetts Company, A.C. Castle Construction Co. Inc., was issued 21 citations and $60,800 in fines.

The investigation began after employees were seen working on roofs without the proper safety equipment, putting them at risk of injury. Employees were also observed working within three feet of live electrical wire, using ladders without nonconductive handrails, and using ungrounded or frayed power cords. Three of the 21 citations were repeat citations, after OSHA had observed similar hazards at a work cite in Hamilton, Massachusetts in December of 2009. The remaining 18 citations were classified as 'serious' due to a substantial probability that death or serious harm might result from a hazard the employer knew or should have known about.

OSHA is the government entity involved in ensuring businesses of all types offer safe and healthy working conditions for their employees. The Occupational Safety and Health Act of 1970 holds employers responsible for providing safe working environments for employees. Each employer shall comply with occupational safety and health standards and shall furnish each employee with a working environment free from recognized hazards that could cause death or physical harm.

The OSHA director for Essex and Middlesex counties in Massachusetts indicated that the working environment should be of 'vital concern to employers,' and that conditions such as those maintained by A.C. Castle Construction Co, Inc. should 'never have existed in the first place.' He also advised employers to participate in a 'spring tune-up' for the purposes of reviewing safety guidelines with employees and inspecting work cites to ensure they comply with OSHA's standards.

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This spring, numerous Massachusetts North Shore communities have launched projects to create more pedestrian-friendly areas. In Gloucester, Massachusetts, a $500,000 Seaport Advisory Grant has been used to finance new "HarborWalk" signs and other features to make walking the harbor's edge safer and more enjoyable. In Danvers Center, pedestrians are enjoying new bridge decking over the Ipswich River, stabilizing and beautifying a 7-mile trail to Topsfield, Massachusetts. According to the Boston Globe, David Read, chairman of the Border to Boston Trail Coalition told the Boston Globe that "people are starting to use the trail now to walk their dogs and walk to school." Recently, the Trail Commission has starting working to connect trails from New Hampshire all the way to Boston. Read notes that "it's going to significantly enhance walking in our communities." Further, the Trail Commission argues that a safe walking path through North Shore communities like Lynn, Saugus, and Revere would help bring more business to coastal industries.

Other projects are still in the planning stages, but slowly, progress is being made towards making Greater Boston cities and towns more walkable. Medford, Massachusetts residents have been pushing for a new Green Line T-station, in an effort to encourage less vehicular traffic. Residents have also vied for more crosswalks, longer crossing times at traffic lights, and a "Minuteman Bikeway" extension project that will extend the trail to Medford. In nearby Salem, Massachusetts, proposals to open the foot-traffic friendly Essex Street pedestrian mall to through traffic are being heard. Supporters argue that this would allow for better management of delivery vehicles, which often compete for space with walkers.

In all, it is a positive sign for pedestrians in the Boston area that local cities and towns have focused on creating safer and more enjoyable walking paths. As the weather continues to warm and more people hit the streets on foot, these initiatives are both timely and welcomed. Additionally, these efforts should result in less pedestrian accidents, which occur at a higher than desired frequency, especially in the spring and summer months.

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A Massachusetts worker was recently awarded $1.28M after suffering a fractured arm, severe lacerations, and ulnar nerve damage while cleaning a pasta machine at her job. The machine turned on unexpectedly and trapped her arm for 10 minutes, causing the injuries. The woman sought legal redress for her injuries in Reyes v. Tecna, which was heard in Middlesex Superior Court in Woburn, Massachusetts, in front of Judge Thomas Connors.

The injured plaintiff required numerous surgeries and never regained her ability to work. Accordingly, she brought a claim against the machine manufacturer for breach of warranty and negligence, arguing that there were not adequate warnings about accidentally switching the machine on. She was awarded $1.28M for her lost lifetime earnings, pain and suffering, emotional distress, disfigurement, and medical expenses.

In this particular case, breaches of warranty and negligence charges were brought against the manufacturer for the woman's injuries. However, in many cases where personal injuries result from a defective product, the manufacturer is held strictly liable for the injuries. In strict liability cases, if injured by a defective product, you do not need to prove that the manufacturer was negligent, but only that the product was defective and the defect caused the injury. Such strict liability actions for personal injuries or death caused by a defective product can be brought against parties that designed, manufactured, or sold the product.

A 31-year-old Gardner, Massachusetts man sustained serious personal injuries and died after falling out of a tour bus window on Saturday, April 2, 2011. Another man, a 34-year-old from Winchendon, also fell out of the bus window and onto the road below. He was taken to UMass Memorial Medical Center with a fractured skull and road rash. The Worcester District Attorney's office said in a news release that it appeared the two men were roughhousing in the back of the chartered tour bus, though there were no actual witnesses.

Massachusetts State Officials refused to comment further on the matter, as the investigation is ongoing. A detailed inspection of the bus window to find any apparent defects will follow. The bus was operated by Colonial Tours, of Natick, Massachusetts. It was traveling at 60 miles-per-hour when the men fell out of the window. The men were nearing the end of a "beer lovers' expedition," which is a 200-plus-mile roundtrip tour from the Gardner Ale House, with stops at the Wachusett Brewing Co. in Westminster, the Redhook Ale Brewery in Portsmouth, N.H., the Cape Ann Brewing Co. in Gloucester, and The Tap in Haverhill.

Bus accidents have unfortunately been occurring with unusually high frequency in Southern New England this spring. It is important to always choose a reputable bus company when traveling. Ensuring the driver is properly licensed and the buses have been inspected are also good ideas. Any concerns should be reported to the Massachusetts Department of Transportation.

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On April 8, 2011 a Massachusetts woman was arrested for her involvement in a fatal automobile accident that occurred in Waterford, Massachusetts. The woman had been driving on Interstate 395 when she rear-ended the vehicle in front of her, causing it to lose control. Upon loss of control, the vehicle drove into the guardrail on its passenger side. The driver of the vehicle is currently in critical condition after suffering severe head and chest injuries and the passenger was killed after suffering similar injuries.

The woman was arrested at the scene of the crime for driving while under the influence, and for the possession of marijuana and narcotics. She was not injured in the accident and was scheduled to appear in court on April 11, 2011. . The National Highway Traffic Safety Administration has reported that 11,000 people are killed every year in accidents that involve drunk or impaired drivers. This is approximately one-third of all fatal automobile accidents.

In the Commonwealth of Massachusetts, it is a felony if a person operates a motor vehicle on a public way while under the influence of intoxicating liquor or drugs, and does so recklessly or negligently so that the safety of the public may be endangered, and by this operation causes the death of another person. It is a misdemeanor, a less severe offense, if the person operates a motor vehicle on a public way while under the influence or recklessly or negligently so that the safety of the public may be endangered. Therefore, if the operator of a vehicle is driving recklessly or negligently while under the influence of alcohol, and causes the death of another person, they can be convicted of a felony in the Commonwealth of Massachusetts.

It is irrelevant whether the other vehicle involved was driving negligently and contributed to the accident. It is necessary that a defendant's actions proximately caused the death of the victim. Proximate cause requires that the defendant knew or should have known that their actions could result in the injury at issue, and that had it not been for the defendant's conduct, the accident would not have happened. It does not matter whether the defendant intended to harm anyone or not.

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A 46-year-old Haverhill man sustained serious leg injuries after a work accident in Boston in early April of 2011. The man was an MBTA electrician who fell down a 35-foot shaft while working on the Red Line tracks, near the Charles Circle/MGH stop in Boston. The work accident occurred when the man fell through wooden planks covering the 35-foot hole while working on the Longfellow Bridge Project, landing on the concrete floor at the bottom of the shaft.

The technical rescue team from the Boston Fire Department recovered the injured worker. The rescue took about 3 hours to complete and the injured worker was taken to Mass General Hospital with two broken legs.

As a result of the accident, the Massachusetts Department of Transportation ordered that all wooden covers on the Longfellow Bridge be replaced with steel covers. Additionally, an assessment and investigation of the work accident has been ordered by the MBTA. MBTA General Manager Richard Davey was quoted as saying, "When you have a couple of years of water and snow build up you're going to have weakness in the particular plywood people shouldn't be standing on it, but it doesn't matter it's a hazard that we need to fix, our employees' safety is one of our top priorities."

Work accidents are not uncommon in Massachusetts. According to the Massachusetts Occupational Injuries and Illness Report of 2007, there was an incidence rate of 4.0 injuries/illnesses per 100 workers in Massachusetts. Construction accidents in the state accounted for the highest incidence rate among workers, with 6.1 per 100 construction workers sustaining injuries during the year of the survey.

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