Articles Tagged with Boston personal injury attorney

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Since its release on July 6th, Pokémon Go has been a party to many injuries, several car accidents and even muggings. So far, injuries sustained have not been fatal. Many players have reported via social media injuries ranging from severe sunburns to twisted ankles from tripping or falling into ditches.

pokemon go
Pokémon Go is a new app inspired by a video game originally released in 1995 which was played on Gameboys. Soon after its creation, the Pokémon franchise expanded to the creation of a cartoon, along with playing cards and toys. The object of Pokémon Go is literally to “catch ‘em all!” Players walk around using the app, which in turn uses the camera app. As you walk around, the app tells you where you might find Pokémon, which are then viewable through the app. You then “throw” a pokéball at them to capture them.

Aside from injuries, there have also been muggings associated with the game. In Missouri, a group of teenagers were arrested for robbing several Pokémon Go players by using the app against them to lure them to areas where they could easily be overtaken and robbed. The teenagers were able to lure players by setting up pokéstops to “attract Pokémon” and in so doing were able to attract unsuspecting Pokémon Go players.

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Amanda Phillips of Cambridge, a 27-year-old bicyclist was killed on Thursday, June 23, 2016 after she was hit by a truck while riding her bicycle through Inman Square in Cambridge, Massachusetts. The crash is still under investigation.

In a statement made last Friday, Massachusetts State Police stated that a preliminary reconstruction of the crash indicated that Phillips had maneuvered from the sidewalk to the open roadway where she struck the open door of a parked jeep as a person prepared to get out. The impact then pushed the cyclist into traffic where she collided with a landscaping truck.

The crash occurred at around 12:17 p.m. at the intersection of Hampshire and Cambridge streets, in Cambridge’s Inman Square. Inman Square is an exceptionally busy four-way intersection often packed with cars, pedestrians, MBTA buses, and bikers. Following the accident, Phillips was rushed to Massachusetts General Hospital, where she was later pronounced dead.

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Earlier this month, fifty-year-old Charles Pickett of Battle Creek, Michigan crashed his car into nine bicyclists and then fled the scene.  He is now facing five counts of second-degree murder and four counts of reckless driving causing serious bodily harm.

Just minutes prior to the collision, police in the area had received several concerned calls prompting them to search for an erratically driving truck.  According to one eyewitness, he had just narrowly missed being hit by the truck as he was leaving a local park. He further stated that he didn’t have time to warn the bicyclists before the truck collided into the group – ranging in age from 40 to 74.file000619457980-1

The bicyclists were part of a group who referred to themselves as the “Chain Gang” and regularly took long rides together. They were just 5-miles into their typical 30 mile ride when Pickett struck the bike-enthusiasts. According to the Kalamazoo Sheriff’s Department, after the truck made impact, Pickett bailed from his truck and fled the scene on foot. Police were able to swiftly find and arrest him.

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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.