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.

Last month, a Boston, Massachusetts woman sustained life-ending personal injuries after falling five stories through a skylight on the roof of a South Boston office building, located at 281 Summer Street. Boston police and the Suffolk County district attorney's office are now investigating the incident. Officer Eddy Chrispin told the Boston Globe that the fatal fall appeared to be accidental and likely did not involve drugs or alcohol. Boston police did note, however, that the building's roof was not readily accessible to inhabitants. The Suffolk district attorney's office refused to identify the victim of the fatal fall, noting only that she was in her early 20s. Thus far, no premises liability charges have been brought against the New Jersey-based owners of the building, Normandy Real Estate Partners. However, the company is cooperating with investigators in Massachusetts to determine the cause of the accident. Although this tragedy seems rare, it follows another fall through a skylight in Massachusetts this past spring, when a young man fell through a skylight on a roof in Brookline. In that case, the victim was more fortunate, sustaining only minor personal injuries.

According to Massachusetts state and federal law, building owners have a duty to keep their property reasonably safe and free of hazards that are known or should be known to potentially cause personal injury. Failure to maintain safe premises can result in liability for property owners and/or property management companies. The duty to secure property not only includes the removal or repair of hazards, but precluding access to unsafe areas, like building rooftops, if there exists an unreasonable risk of injury by entering the area. To avoid premises liability for personal injury and/or death, building owners are required to at least provide adequate warning of such dangers. If property owners or management companies have negligently failed to maintain safe premises or provide adequate warning, they can be held liable for any damages. Boston attorney Peter Bellotti notes that "often, visitors of property have no way of knowing about potential hazards that exist on the premises. Thus, by law, property owners, and possibly property management companies, have a duty to reasonably secure the premises to minimize the risk of personal injury. At the very least, adequate warnings should be given to safeguard against tragic accidents like this recent fall."

Under Massachusetts state and federal law, the exact duty owed to injured parties on premises varies with the class of the victim. For social guests and customers of a business, a property possessor has a duty to protect from all conditions concealed from the guest and known in advance by the property possessor. In short, the possessor of property must protect visitors of his property from defects to the extent of a reasonably prudent person. Pursuant to this case, a reasonably prudent person would likely not allow visitors on the roof of an unsecured building. 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. These issues will have to be explored further to determine if there existed any liable at the hands of the property owners in this case.

Continue reading "Boston, Massachusetts Woman Falls Through Roof" »

On June 19, a dozen Massachusetts partygoers sustained multiple personal injuries when a two-story porch collapsed in Jamaica Plain, sending them plummeting to the ground. The porch was part of a multi-family unit on Nira Avenue in the historic Boston neighborhood. The injured guests were all transported to Massachusetts General Hospital and were treated for their injuries. According to a Boston firefighter responding to the accident, the "the floors of the porch pretty much stayed together, so when they came down they came down as one...that certainly helped, as far as people having life-threatening injuries." The extent of the injuries has yet to be reported.

Porch collapses can cause catastrophic injuries and/or death. Often times, personal injury or premises liability lawsuits can arise from a porch collapse. In Massachusetts, property owners can be held responsible for injuries or fatalities caused by the negligent maintenance or construction of their property. Additionally, a property owner may be held liable in tort for defects on his property that lead to personal injuries. For social guests and customers of a business, a property possessor has a duty to protect from all conditions concealed from the guest and known in advance by the property possessor. In short, the possessor of property must protect visitors of his property from defects to the extent of a reasonably prudent person. A reasonably prudent person would likely not allow his property to regress into such disrepair as to cause a porch collapse.

Continue reading "Porch Collapse in Boston's Jamaica Plain Neighborhood Causes Multiple Personal Injuries" »

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.

Continue reading "Boston, Massachusetts City Officials Warn Landlords to Secure Rooftops " »

To avoid personal injury from falling ice and snow, consider following these tips:

1. Use a snow rake for pitched roofs (available at most hardware stores) to remove snow from your roof.

2. Start from the edge and work your way into the roof.

3. Try to shave the snow down to a 2 or 3 inches on the roof instead of scraping the roof clean, which will risk damage to your shingles or other roof covering.

Keep in mind that any metal tool could conduct electricity if it touches a power line. Also, metal tools will do more damage to your roof. Shovel snow from flat roofs throwing the snow over the side away from the building.

Most plastic shovels are better, except for the ones with curved blades--those too will do some damage to your roof.

* Remove large icicles carefully if they're hanging over doorways and walkways. Consider knocking down icicles through windows using a broomstick.
* Wear protective headgear and goggles when performing any of these tasks.
* Consider hiring professionals to do the job. The combination of heights plus ice makes this one of the more dangerous house chores.
* If you don't hire professionals, at least have someone outside with you in case anything does go wrong
* Keep gutters, and drains clean, free of ice and snow and keep downspouts clean at ground level.

DON'T's

* Unless approved by a registered professional engineer, don't add your weight or the weight of equipment to the roof.
* Don't use a ladder since ice tends to build up on both the rungs of the ladder and the soles of your boots.
* Don't use electric heating devices like hair dryers or heat guns to remove snow and ice.
* Don't use open-flame devices to remove snow and ice.

Continue reading "Massachusetts Tips to Remove Snow and Ice From Roofs" »

A personal injury in Massachusetts caused by a stray softball during a backyard pick up game to a houseguest on a porch of your home, could result in a Massachusetts homeowner being liable for negligence. The recent case of Judge, et al. v. Carrai, 77 Mass.App.Ct. 803, 2010, ruled just that.

In that case, house guests in Massachusetts caused injury to another while participating in an impromptu, informal softball game organized by a guest during a social gathering. The Court held that the hosts, who owned equipment owed a duty of care to the guest who was struck on the back of the head by a softball while she sat on porch at hosts' home. The court found that the hosts held the right to control the use of the equipment and their guests were entitled to use it only with the hosts' permission, the hosts were present and aware that their equipment was being used, and potentially were aware that its use posed a risk of injury to guests seated on the porch. Furthermore, the risk that a batted ball could strike a person sitting on the porch was foreseeable because the game was being played in close quarters, one ball had already landed on roof, and organizer had admonished participants to try to swing down, bunt, or take less than a full swing, based on the limited space available. The court further ruled that a rational fact finder could conclude that the homeowner was aware that the use of the softball equipment posed a risk of injury to guests seated on the porch. The dissent raised concerns whereby the ruling could impose potential homeowner liability wherever backyard games are in play. For instance, such liability could be found in a game of horseshoes if the heavy pieces were pitched awry and hit a guest; in a volleyball game, where a tipped ball may go astray and forcefully hit a guest in the face; or while playing bocce if a guest were to be struck by a hard-thrown ball.

In light of this decision, however, a homeowner should try to ensure the guests are a safe distance from any backyard games being played.

Continue reading "Massachusetts homeowners beware!" »