Boston Injury Attorney Blog

Earlier this month, a 29-year-old Waltham, Massachusetts woman was arrested and charged with homicide, following a hit-and-run pedestrian accident that killed a 39-year-old Massachusetts man. The woman was arraigned at Middlesex Superior Court in Woburn. The woman also faces other criminal charges of reckless vehicular homicide, driving without a Massachusetts driver's license, driving to endanger, leaving the scene with property damage, leaving the scene with personal injury, using a motor vehicle without authority, speeding, failure to stop at a stop sign, and failure to stop for a pedestrian at a crosswalk.

The pedestrian victim, a 39-year-old Waltham man, died after being treated at Mass General Hospital. He was crossing at the intersection of Church and School streets in Waltham when he was struck by the speeding vehicle. The victim suffered catastrophic injuries to his head, leg, and internal organs, which resulted in his death. Waltham police later found the vehicle involved in the pedestrian accident parked at the driver's home.

Most pedestrian accidents are the result of a driver's negligence. Pursuant to Massachusetts law, pedestrians are granted the "right of way" when walking along roadways, especially inside crosswalks. Drivers must be cognizant of pedestrians, slow down, and pass only when safe to do so. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty and causes an accident, he can be held negligent and liable for damages caused by the accident.

In some cases, a driver may face criminal charges if his/her actions go beyond mere negligence. Driving at excessive rates of speed, driving recklessly, leaving the scene of an accident, and driving without a valid license are all examples of activity that may escalate a situation to the criminal level.

These situations are best addressed with the assistance of an experienced Boston personal injury lawyer and Boston criminal defense lawyer. At Bellotti Law Group of Cambridge and Quincy, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge and experience to represent your interests both as an injured plaintiff and a criminal defendant. We will appear with you in court and should the case fail to resolve prior to trial, our attorneys are prepared to represent you in front of a jury and put you in the best position for a good outcome.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

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.

Tires flying from the bed of a truck on I-93 were to blame for a fatal car accident in Medford, Massachusetts, which claimed the life of a 27-year-old man from Lynn. The motor vehicle accident occurred just before 3 p.m. on September 19, near Exit 30 in Somerville. The 400-pound tire fell off the bed of the truck, bounced over the barrier, and collided with the victim's vehicle in the northbound lane.

Medford firefighters rushed to the scene, but were not able to save the man's life. According to The Boston Globe, car was wedged between the north and southbound lanes of traffic on Interstate 93 when the Jaws of Life were used to remove the victim from the vehicle. He was then rushed to Massachusetts General Hospital and later pronounced dead. Massachusetts State Police are currently investigating the accident to determine if criminal charges are warranted. The truck accident which resulted from carrying the unsecured cargo is registered to Ryder Truck in Braintree, Massachusetts and was leased by Sullivan Tire, a Massachusetts company.

According to Massachusetts motor vehicle accident lawyer Peter Bellotti of the Bellotti Law Group, "Under Massachusetts law, all commercial drivers are required to ensure that their cargo is safely restrained." Additionally, since interstate travel is often involved, there exist a number of federal regulations regarding cargo carried by trucks, including weight limits. Federal regulations, like Massachusetts state law, also require truck companies to properly secure their cargo before hitting the road. Failure to follow these guidelines can result in liability for damages, injuries, and/or death, for both the truck driver, and vicariously, for the parent truck company. Thus, in this case, if investigators find that either the driver or his company was negligent in securing the load, liability for the accident may be imposed.

Continue reading "Unsecured Cargo Accident Kills Lynn, Massachusetts Man on 1-93 " »

A Wareham, Massachusetts bus driver has been fired after negligently leaving a Hammond Elementary kindergarten student on his bus for three hours. The child fell asleep on the bus and did not awaken until the bus was parked at the driver's home. Although the young child was unharmed, the driver was fired by the Wareham School Department for failure to follow safety protocols. Earlier this month, a Roxbury, Massachusetts infant was found alive after in a parked car after his mother left him alone.

Following the incident, a Boston woman was charged with criminal neglect of a child. Boston Police were contacted after a resident noticed the infant in the locked car near 2200 Washington Street in Roxbury. According to The Boston Globe, the officer found the infant "crying loudly and sweating heavily" inside the vehicle. The child was transported to the Boston Medical Center for treatment and was released. Tragically, a 17-month-old Dorchester child, Gabriel, was not so fortunate, when he was found lifeless in a Gloria Luna's Home Daycare van earlier this month.

According to the New England Cable Network, the daycare van driver was supposed to take Gabriel to another daycare, but apparently forgot the child was in the van. The young boy's grieving mother is now fighting for a new law, called "Gabriel's Law," which aims to prevent another child from being left unattended inside a vehicle. The proposed law calls for changes to child transportation regulations in the state. Part of the proposal is to prohibit dark tinting on transportation vans, so other people can see children left inside vehicles more easily.

According to Greater Boston personal injury attorney Peter Bellotti of the Bellotti Law Group, "There currently isn't enough legislation regarding child care and transportation protocols in Massachusetts. With more rigorous and detailed safety measures in place, we can hopefully avoid tragedies like this in the future."

Governor Deval Patrick has now created a special panel, charged with recommending improvements to current safety procedures in Massachusetts governing children transported to child care in vans and buses. So far, the panel has considered adding a signed route roster to all transportation to and from child care centers to track attendance. According to The Boston Globe, a more stringent accounting system is used to keep track of all children by the Executing Office of Health and Human Services in the state. As always, costs of improvements are being weighed, as the state currently pays around $9 a day per child for transportation, while the Department of Health and Human Services can pay upwards of $56 dollars. In all, new recommendations are set to be made public on October 11.

Continue reading "Massachusetts Child Neglect Cases Spark Push for "Gabriel's Law" " »

Route 1A in Revere, Massachusetts has become notorious for speed-induced pedestrian accidents. In early September, yet another pedestrian accident occurred when a 22-year-old Massachusetts woman sustained serious personal injuries after being struck by a vehicle on the dangerous stretch of road. The vehicle was driven by a 47-year-old East Boston man. The motorist was arrested and charged with motor vehicle homicide and leaving the scene of the accident after hitting the young woman. The victim was transported to Massachusetts General Hospital right after the accident, but was unable to be revived.

Though tragic, this pedestrian accident has sparked a push in Revere for more stringent patrolling of traffic safety rules on Route 1A. In fact, following the motor vehicle accident, Revere City Councilor John R. Correggio filed an emergency motion with the City Council requesting the Massachusetts State Police and Revere Police be more vigilant in curbing excessive speeding on Route 1A.

Correggio told The Daily Item that the motion asked for "stricter enforcement as far as the State Police working along with Revere Police to address excessive speeding." He went on to note that "this has been an ongoing problem for years and there's been numerous accidents." Revere Mayor Thomas G. Ambrosino also weighed in, noting that "there's always excessive speeding on the highways, but any additional law enforcement is helpful." The Mayor added that because speeding is so prevalent on Route 1A, it is a particularly hazardous stretch of road to cross on foot.

Pedestrian accidents resulting in injuries and/or death are unfortunately not an uncommon problem in Massachusetts. More often than not, a driver's negligence is to blame for the accident. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty an causes an accident, he can be held negligent and liable for the accident. Additionally, all pedestrians are urged to walk in designated safe areas and to cross busy roads only in crosswalks to minimize the risk of a pedestrian accident.

Click here to read more about this Revere pedestrian accident.

Continue reading "Revere Car Accident Prompts Calls for Stricter Speeding Enforcement on Rte. 1A" »

Lawmakers in Boston, Massachusetts, are taking steps to assist personal injury victims and their families by closing a loophole that allows some reckless drivers to walk away from deadly crashes without facing charges. On August 7, 2010, the House joined the Senate in passing the Act in honor of the 19-year-old who was killed in Worcester by a reckless driver. The bill is known as the Robert Martinelli Act. The bill would give police the power to arrest without a warrant -- reckless drivers who kill or seriously injure someone when drugs and alcohol are not involved.

On September 8, 2002, a speeding truck driving on the wrong side of Airport Road in Worcester, Mass. crashed head-on into 19-year-old Robert Martinelli's car, killing him instantly. The truck driver, Eric Holm, 22, of Rutland, MA, had six prior speeding tickets before the fatal crash.

Months went by before Holm was summonsed to court by mail where he was charged with one count of motor vehicle homicide, operating to endanger, failure to stay within marked lanes, passing in a prohibited area and speeding. Holm eventually pleaded guilty to motor vehicle homicide and was sentenced to six months in jail. "

The Robert Martinelli Act, allows police to arrest without a warrant anyone who they have probable cause to think has recklessly driven a vehicle to endanger lives.

Continue reading "Massachusetts Reckless Drivers" »

Following the death of a Massachusetts worker who became caught in an industrial ice-making machine, a New Bedford, Massachusetts seafood processing plant faces $66,800 in fines. According to the Boston Globe, 42-year-old Joseph Teixeira was killed on May 4, 2009, when he got caught in the moving parts of the machine when it unexpectedly turned on while he was performing maintenance work.

The Federal Occupational Safety and Health Administration cited Northern Wind Inc. with nearly two dozen alleged violations of workplace safety standards. OSHA says the company lacked procedures to make sure the machine could not accidentally become active while employees were working inside.

According to OSHA records, plant inspections during 2000 and 2004 resulted in two "serious citations" for which Northern Wind. One citation related to a forklift and the other to an unguarded floor or wall opening. The Company has 15 days to appeal. Northern Wind is one of the world's largest suppliers of fresh and frozen scallops, according to the company's Web site. Scallops and other seafood, including ground fish and lobster, are processed there.

Workplace accidents are common in Massachusetts and an employee's recourse is governed by the Massachusetts Workers Compensation Statute. M.G.L. c. 151B. However, a worker may have a claim against an independent third party, not his employer, if they are negligent in causing his or her injuries.

Continue reading "OSHA fines Massachusetts Firm over Ice Machine Death" »