Boston Injury Attorney Blog

Last month, the Massachusetts Department of Environmental Protection (DEP) levied a $41,235 fine against a Natick real estate broker for improper asbestos removal from a Worcester home built in 2009. The fine came after the broker improperly hired the home's general contractor, who lacked the requisite license, to remove asbestos insulation. DEP inspectors discovered that the asbestos had not been properly removed, handled, packaged, or labeled after visiting the home and the storage facility where the asbestos was transferred in Upton, Massachusetts. In addition to the hefty fine, the agency required the broker to hire a licensed asbestos contractor to remove additional asbestos from the home's basement and to decontaminate the storage facility.

Massachusetts workers, tenants, and the general population are protected by a plethora of Federal and Massachusetts safety regulations to minimize the risks of asbestos exposure. Often, these regulations require following specific and detailed protocols. Martin Suuberg, director of the DEP's regional office in Worcester, told the Metro Daily West that "contractors and operators involved with building renovation work must be fully aware of their responsibilities." He went on to note that "as this case illustrates, noncompliance with the asbestos regulations will result in significant penalty exposure."

Asbestos removal is highly regulated under Federal and Massachusetts state laws. If asbestos is in good condition and does not pose an imminent health risk, there are no laws that explicitly require its removal. However, homeowners and contractors are required to keep asbestos in good repair to prevent releases of visible or particulate asbestos emissions. If a renovation or repair activity could potentially cause damage to asbestos material, laws require that the asbestos be removed prior to the activity. A state-certified asbestos consultant should be hired to determine if asbestos is present and whether removal is necessary. Only licensed asbestos contractors and consultants may be hired to perform asbestos-related work in Massachusetts.

There is a single notification form to file with the Massachusetts Department of Environmental Protection and the Department of Occupational Safety prior to any asbestos removal. The DEP requires notification for any asbestos handling project, including disposal, at least ten working days prior to conducting any asbestos-related work. Additionally, under DEP regulations, most construction/demolition projects require a ten working day notification prior to beginning the job, regardless of whether it involves asbestos. It is important to note that all asbestos waste materials must be sealed in leak-tight containers prior to disposal. Additionally, proper identifying and warning labels required by DEP, DOS, OSHA, EPA, and DOT must be displayed on the container. Finally, asbestos is regulated as a special waste and must be disposed in an approved landfill that accepts asbestos-containing waste material.

The dangers asbestos exposure poses, particularly mesothelioma, are well known. According to Boston attorney Peter Bellotti, "Massachusetts and Federal regulations regarding the handling, labeling, transportation, and disposal of asbestos are stringent because of the many health risks asbestos presents." Consequently, it is imperative that homeowners and contractors adhere to the guidelines to avoid personal injury and medical complications. Historically, many Massachusetts workers and homeowners were unwittingly exposed to the dangerous material. Today, safety regulations are in place to avoid the health risks asbestos presents.

If you have been diagnosed with a medical condition, particularly mesothelioma, after being improperly exposed to asbestos, there exists legal redress. However, it takes skilled and knowledgeable legal professionals to navigate this complex area of law. The lawyers at Bellotti Law Group will employ their full dedication, experience, and legal acumen to your case. You don't have to face the legal system alone. Contact BELLOTTI LAW GROUP today to discuss your case and options or fill out our contact form.

A Salem Superior Court jury has ordered the retail store Toys "R" Us to pay $20.6 million to the family of an Andover, Massachusetts mother who sustained life-ending personal injuries after an in-ground pool slide sold by the retailer collapsed. The defective product was never properly tested before or after it was imported from China by the national chain and was sold to customers. The product that caused the fatal injuries was sold by Toys "R" Us via amazon.com. According to court records, more that 4,000 untested pool slides were sold by the national chain nationwide. The verdict was the largest ever awarded by an Essex County jury and one of the highest in Massachusetts this year. The verdict included $2.5 million for future lost wages, $100,000 for pain and suffering, and a staggering $18 million in punitive damages.

The deceased woman was just 29-years-old and the mother of a young daughter, when she sustained the fatal injuries during a pool party in Andover, Massachusetts. The victim climbed to the top of the 6-foot slide and slid down head first, when the defective product collapsed, sending the victim head-first into the edge of the pool. Sadly, she sustained a broken neck and was left paralyzed and unable to breathe. The woman died the next day at a Boston, Massachusetts hospital. The plaintiff's attorney, Thomas Smith, told the Eagle Tribune that the woman's husband "felt that there was a wrong done, and he is pleased that the jury recognized that. This product should not have been sold." Smith later added that he hopes the large verdict, particularly the punitive damages, reminds retailers "to make sure, not just for toys but for all products, that they comply with our laws and that they are safe." Unfortunately, the Massachusetts woman in this case was not the only victim of injuries caused by the defective slide. Earlier this year, a man was left paralyzed when the same pool slide, purchased from Walmart, collapsed. In that case, a lawsuit against Walmart and the product's manufacturer is still pending.

Under federal and Massachusetts state laws, a product liability claim for injuries sustained from an unreasonably dangerous product can be founded on one of five negligence-based legal grounds. Claims can be advanced against manufacturers of defective products and sellers of defective products. First, if a product is unreasonably dangerous in its intended use, or during a reasonably foreseeable misuse, the manufacturer may be held liable for a defective product design. Second, if a product is made more dangerous due to a manufacturing flaw, a claim for a manufacturing defect can be advanced. Third, if a product cannot be made entirely safe (such as lawnmowers, snowblowers, electric heaters, etc.), the manufacturer must provide adequate warnings of the dangers associated with any foreseeable use. Failure to provide an adequate warning may result in liability for damages. Fourth, a manufacturer may be held liable for breach of warranty if a product does not conform to an express statement or if a product is not fit for the ordinary purposes for which such products are used, on an implied warranty basis. Lastly, a manufacturer may be held strictly liable if a defective and unreasonably dangerous product is sold.

In this case, there was a small warning not to slide head-first on the product. However, since this was a reasonably foreseeable misuse, the slide should have been tested for such use and should not have been sold without a reasonably safe design. Additionally, there exists federal standards for pool slides in particular, which require slides to support weight up to 350 pounds without "deformation." The defective slide here did not meet those standards. According to Boston attorney Peter Bellotti, "This tragedy is a sobering reminder for manufacturers and retailers alike, that federal and state safety laws must be followed to minimize the risk of personal injury and/or death because of a defective product. Proper testing of products should always be conducted before goods are placed into the stream of commerce."

The Massachusetts personal injury lawyers at Bellotti Law Group are experienced in handling cases involving defective products. We have served Greater Boston for 20 years and are conveniently located in Cambridge and Quincy. If you have been injured, it is important to learn your rights for seeking compensation. For a free consultation, contact us today at 617-225-2100 or 800-334-3476 or use our contact form.