Boston Injury Attorney Blog

In the summer, we all want to cool off and relax in the water. But whether you're at the pool, a lake or a Cape Cod beach, it's essential to protect yourself and your family. Each year, more than 300 children age 15 and younger drown in residential swimming pools and spas alone. Thousands more are injured. One of the most important ways you can protect your children is to make sure they know how to swim and never let them swim without adult supervision. Here are some other safety tips for enjoying the water in Massachusetts this summer:

Avoiding Swimming Pool Accidents

• Always watch your children when they are in the pool, even if they know how to swim.


• Do not read, talk on the phone or get involved in any other distractions while watching them.


• Enroll your child in swimming lessons.


• Take a class to learn CPR.


• Bring a cell phone to the pool so you can call 911 if there is an emergency.


• If a child is missing, always check the pool first.


• At public pools, stay and watch your children. On the hottest days, lifeguards may have too many people to safely supervise.


• Avoid diving boards. Each year, more than 6,500 diving-related injuries are reported across the country, according to the American Academy for Pediatrics. These include serious head and spinal cord injuries and the majority involve children ages 10 to 14. If you must use a diving board, make sure you are diving into a minimum of 10 feet of water. Never dive in an above-ground pool.

Avoid Ocean Swimming Accidents

• Beaches managed by a city or town usually have lifeguards on duty - but not always. It is best to check in advance.


• Follow all instructions from lifeguards and swim in the permitted area.


• If you are renting a private cottage on Cape Cod or another vacation area, you may have access to a private beach. Do not expect private beaches to have lifeguards. Check with the property management company.


• Never swim alone or let your children go into the water alone. If you are not swimming with them, at least follow them down to the surf and supervise them.


• Approximately 100 people die each year in rip currents, according to the United States Lifesaving Association. Rip currents also account for over 80 percent of beach lifeguard rescues. If you are caught in a rip current, do not try to fight it. Swim out of the current in a direction parallel to the shoreline. When you are free from the current, swim towards the shore.


• Do not try to save someone from a rip current. Many people drown while trying to help others. Call 911 for help. Throw the rip current victim a life preserver and yell instructions to help or calm the person.


• Watch out for marine life, especially jellyfish. Check the website for the beach or ask the lifeguards when you get there about jellyfish warnings before swimming.

• Remember that unlike the ocean or a pool, a lake can be dark and murky, making it difficult to tell what is under the water.


• Have your child wear a life jacket.


• Wear lake shoes to protect feet.


• Make sure docks are in good condition. Never swim under a dock and always look carefully before jumping off one to make sure no one is in the way.


• If you are using rafts or other flotation devices, make sure you are using the appropriate type. Some rafts and tubes may be suitable for lounging in shallow water, but not strong enough to handle tubing off a boat.

Continue reading "Swimming Safety for the Pool, Beach and Lake" »

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" »

Massachusetts Parents beware! Massachusetts General Laws, Chapter 138, Section 34: Delivery of Alcohol Beverages to Person Under 21 (as amended by Chapter 175 of the Acts of 2000) makes it unlawful for a person to furnish alcohol to a minor. Furnish is defined as providing alcohol to a minor except on one's own property to one's own grandchildren.

A person may be charged with violating the social host law if he or she allows a person who is under 21 to possess alcohol while on property owned or controlled by him. The statute was passed to address the issue of teenage alcohol parties being held with the full knowledge of parents.

The focus of the law is to curtail the irresponsible behavior of parents permitting minors to drink at their homes. In addition, the statute may also be used to charge minors who host alcohol parties. If a minor is left in charge of the home while his parents are away, then he or she is in control of the property. If he or she allows friends who are under 21 to bring alcohol to the home, he or she could be charged under this statute.

The penalty for violating this statute is a fine of $2,000.00 or imprisonment for one year.

Continue reading "Social host liabilty in Massachusetts" »

In Massachusetts, unless a player's behavior rises to the level of a reckless disregard of safety, aggressive acts during competition are considered a part of the sport. This past week, soccer enthusiasts around Boston watched women collegiate female athletes throwing elbows, colliding with players and yanking ponytails of opponents who went crashing to the ground.

Brawls began in the heat of competition on soccer fields from Rhode Island to New Mexico. University of New Mexico's Elizabeth Lambert, is now suspended indefinitely for her actions. Liz's coach, Kit Vela, was quoted as saying she is a quality student-athlete, but in this instance her actions clearly crossed the line of fair play and good sportsmanship. The Providence game was halted with a minute left on the clock.

Is there legal recourse if overly aggressive behavior results in personal injury in Massachusetts? When players engage in sport, they agree to undergo some physical contacts, which could amount to assault and battery absent the players' consent. Restatement (Second) of Torts § 50 comment b (1965). Traditionally, the courts have felt that to impose liability on sports participants would chill the vigor of athletic competition. However, it is recognized that some restraints of civilization must accompany athletes on to the playing field. Nabozny v. Barnhill, 31 Ill.App.3d 212, 215, 334 NE2d 258 (1975)

Continue reading "Sports Injuries In Massachusetts" »

Boston is home to many universities and luckily there were no injuries in a fire at MIT in Cambridge, Massachusetts early Wednesday morning. The fire was caused by construction workers using propane torches in a utility trench.

The fire that forced the brief evacuation of at least three MIT fraternities on Memorial Drive in Cambridge.

Cambridge Deputy Fire Chief Paul Sheehan said the workers were using the torches to melt shrink wrap on pipes when the flames spread to wooden bracing in the trench, igniting it. He said the utility work did not involve a natural gas pipeline. Sheehan said the fire was quickly extinguished.

In a statement, MIT said that the fire broke out around 8:15 a.m. and was under control before 9 a.m. Students were allowed back into their housing before 10 a.m. Several students said they were ordered out of their rooms by the police and as they left, they saw flames shooting out of the site on Amherst street. According to the Boston Globe, a photo of the fire posted on Twitter shows thick black smoke and flames.

Police spokeswoman Alexa Manocchio said the fire started in a below-ground chamber that's under construction on Amherst Street. The fire erupted near 405 Memorial Drive, which is the home of the Alpha Tau Omega fraternity There were no injuries and no one was trapped," Manocchio said. The incident has backed up traffic on the Massachusetts Avenue bridge headed into Cambridge to Commonwealth Avenue in Boston. Memorial Drive is also blocked at Massachusetts Avenue.

MIT said the incident is under investigation by its own safety office and the Cambridge fire department.

Continue reading "No Injuries At Massachusetts Institute Of Technology Fraternity From Fire" »