Boston Accident Lawyer Blog

Massachusetts Personal Injuries from Defective Trampolines

Tue, 15 May 2012 15:40:10 -0500

Getting exercise is important. Especially since statistics warn that in about 12 years, 42% of the American population will be obese. That is one scary statistic. That said, I’m all for everything that gets men, women and children out there, exercising.

Jumping on a trampoline can be a great way to stay in shape. Unfortunately, the U.S. Consumer Product Safety Commission just this week recalled about 92,000 Sportspower BouncePro 14’ trampolines that were sold exclusively at Walmart. The hazard is that the netting that surrounds these trampolines can break, allowing children to fall through the netting and suffer a personal injury.

Already, Sportspower has received reports of 17 of the nets breaking, resulting in 11 injuries that include broken bones, back and neck injuries and contusions. Any customer who owns a Sportspower defective trampoline should stop using it immediately and contact Sportspower to receive replacement black netting for it. The recall hotline is (888) 965-0565.

However, as a Boston product liability attorney, I can tell you honestly that recovering from the physical and psychological damage these injuries cause is often just the first battle that a victim of a defective product faces. Unfortunately, for injury victims who seek damages from manufacturers who caused their injuries by manufacturing or marketing unsafe products, a much larger battle looms ahead -- against insurance companies. Here’s why: Almost all defendants in a personal injury lawsuit are defended by their insurance carrier – and – here’s the deep, dark secret - insurers will do all they legally can to deny your claim for injuries. Or dismiss it. Or, at the very least, minimize any amount they might pay. It’s their job, their professional responsibility – just as it’s your automobile or homeowner’s insurer’s jobs to defend you. It’s sad but true – insurance companies are relentless in their defense of negligence claims, and typically want to pay you nothing – or next to nothing.

If you should suffer a Massachusetts personal injury due to this defective trampoline, you need a Boston/Dedham personal injury lawyer. One thing that sets our firm apart is that our principal, Attorney William D. Kickham, used to work for the insurance industry -- and he knows and understands what makes them tick. His "insider" information helps him to know when to be aggressive and when to negotiate, as evidenced by our 20-year track record of success.

Massachusetts Swimming Pool Accidents Already Occurring, And It's Only May

Mon, 14 May 2012 21:31:16 -0500

Oh those lazy, hazy, crazy days of summer. Those days of soda, and pretzels, and beer.

But there’s one thing singer Nat King Cole forgot. Summer always bring with it swimming pools – and inevitably - and sometimes tragically - serious swimming pool accidents. That can involve everything from diving into the shallow end of the pool, causing brain injuries and death, to slipping on concrete surfaces, to fatal drowning accidents.

I’ve written several previous blog posts about how swimming pools bring with them inherent risks of serious personal injuries. The risks of swimming pool injuries are very high. This is an area of law known as “premises liability” or "product liability.” The pool might be an in-ground/built-in, or an above-ground portable. It often makes little difference. As a Dedham/Boston accident lawyer, I can assure you pools can be very dangerous – if not deadly.

No matter the pool you own, all property owners who have a swimming pool on their premises should undertake numerous safety and liability prevention measures to avoid accidents.

Just this week, two four-year-old children suffered two separate swimming pool accidents, and one of them was fatal. And it’s still springtime; summer hasn’t even officially arrived yet.

The first incident was a Chatham swimming pool accident that occurred at the tony Chatham Bars Inn on Cape Cod. This past Saturday, May 12, 2012, a young boy was rescued from the hotel pool by bystanders who performed CPR, right before the Chatham Fire Department arrived. The child was transported to Cape Cod Hospital, and as of right now, his condition is not available.

In a second incident this week, there was a Westborough swimming pool accident. On Sunday, May 13, 2012, a four-year-old boy, Alexie Lepoer, was found dead in the murky waters of the pool at the apartment complex in Westborough that served as his home. Surrounded by a chain-link fence, the pool had not yet opened for the summer season. It had been uncovered about a week ago, so that it could be treated and cleaned. About a half-hour before the boy’s body was found, his parents had notified police that their son was missing.

As a Dedham/Boston injury attorney, I urge everyone to take extra special precautions this spring and summer, so that the possibility of Massachusetts swimming pool accidents remains low. It’s easy to get caught up in the fun and games that go hand-in-hand with swimming pools, but the honest truth is that swimming pools are just plain dangerous.

Massachusetts Car Accidents May Be Lessened Due To New Impairment Rules

Fri, 11 May 2012 22:39:52 -0500

In the past few years, closer attention has been paid in this state to a series of Massachusetts car accidents that involved older drivers.

So, as a Boston/Dedham auto accident attorney, I’m happy to report that last week Massachusetts state health regulators approved rules that define when an older person is too cognitively or functionally impaired to drive safely. The regulations were based on advice from medical specialists and public hearings.

The new rules give health care providers guidance in evaluating when an older person should stop driving and relinquish his or her car keys.The new rules are expected to take effect in a few weeks. The decision to relinquish the car keys will based on "observations or evidence of the actual effect" that an impairment may have on someone's ability to drive safely.

In 2010, after age-related safety concerns became a serious issue, the Massachusetts Legislature passed a law that encouraged police and providers to report suspected impaired drivers to the Massachusetts Registry of Motor Vehicles. This law also prohibited men and women over the age of 75 to renew their Driver’s Licenses on the internet. Instead, they are required to personally visit a registry office and take a vision test.

It is my hope that these new regulations cut down the number of Massachusetts motor vehicle accidents, including pedestrian-car accidents. But the sad truth is this: being injured in a car accident is, according to statistics, one of the most likely events to happen in your life. Other than being the best driver you can be, there's not much you can do about it. However, these new rules make it mandatory that older, impaired drivers give up their car keys, making our roads safer for everyone to enjoy.

Sturbridge Car Accident Takes The Life of Fenway Announcer

Wed, 09 May 2012 23:38:34 -0500

As a Dedham/Boston car accident attorney, I’ve said this before, and it’s worth saying again. Being injured in a car accident is, according to statistics, one of the most likely events to happen in your life. That’s the unpleasant, inconvenient truth. Other than being the best driver you can be, there's not much you can do about this. There are so many motor vehicles on our roads that vehicular and pedestrian accidents are bound to occur. When they do, there’s two tons of steel and glass hitting your car (or perhaps you directly, in a Massachusetts pedestrian-car accident) with tremendous force. Car accidents are usually very violent, and can be very traumatic, if not fatal.

Those statistics bore out again today, with the death of Fenway Park announcer Carl Beane. Mr. Beane, 59, was driving his Suzuki SUV in Sturbridge on the afternoon of Wednesday, May 9, when it crossed the double lines in the road. His car hit a tree and a wall. He was the only one in his car, and the only person in the crash. According to initial reports, Mr. Beane apparently suffered a heart attack while driving his car, and died.

Nearby, at the Hemlock Ridge Golf Course, golfers alerted police of the crash. Currently the Sturbridge car crash is being investigated by, among others, the Worcester District Attorney’s Office.

Our thoughts are with Mr. Beane's family. He was a beloved figure in the world of sports, and his voice brought happy times to many.

Massachusetts Nursing Home Abuse Case Results In $250,000 Settlement

Fri, 04 May 2012 23:43:30 -0500

File this case under “Be careful what nursing home you choose for your loved ones.”

Here’s the story. An 82-year-old woman, who was confined to a wheelchair, and also had advanced dementia and impaired decision-making abilities, was admitted to a nursing home for care.

While there, staff members became increasingly suspicious that the woman was receiving inappropriate physical contact from a younger male resident. Some witnessed the young man touching her and having inappropriate physical contact with her. However, staff members who witnessed the improprieties were allegedly told to literally “keep their eyes shut.” As it turns out, the young male resident sexually molested the woman on several occasions.

Ultimately, law enforcement was notified and the male resident admitted to inappropriately touching the woman on numerous occasions.

This Massachusetts nursing home abuse case settled for $250,000.

As a Dedham Massachusetts nursing home abuse attorney, I can safely say that nursing home abuse represents one of the fastest-growing areas of Massachusetts personal injury litigation. Why, you might ask? There are two main reasons. First is the increased number of nursing home residents, due to longer life spans of the average American. Second is the fact that many nursing homes are owned by large corporations, which care more about the “bottom line” of profitability, than they do patient care. When a nursing home cautions its workers to “keep their eyes shut,” as they allegedly did in this case, it makes a strong statement how corporations keep their on the bottom line, more than anything else. I've blogged about this before. Sadly, it is a theme that repeats itself far too often.

Massachusetts Car Accidents: Liability May Be Easier To Prove

Wed, 02 May 2012 23:22:33 -0500

When it comes to investigating and litigating Massachusetts motor vehicle accidents, here’s the way it’s been for a long, long time: One car hits another, causing injuries. The victim in the car that was hit tries to prove that the other vehicle was speeding, causing the accident. As a Boston, Massachusetts car accident lawyer, I can easily say that in these types of Massachusetts personal injury cases, it has been sometimes difficult to prove who was at fault, especially when no witnesses were present and it was merely one party's word against the other.

But that’s all changing, thanks to the National Highway Traffic Safety Administration (NHTSA). In 2006, it mandated that all new vehicles were to be outfitted with Event Data Recorder (EDR) “black boxes” by 2013. Currently, about 85% of American vehicles have these devices, which record and highlight about 15 types of crash data. That information includes pre-crash speed, airbag deployment data, changes in forward velocity, and engine throttle.

Try to think about the "black box" as being just like a plane’s, which is used after crashes to explain how they happened, and what circumstances were in effect when the crash happened.

What this all means is that if you have been involved in a Massachusetts car accident, and were driving a newer-model car, it's likely there was a witness involved: Riding under your hood. In the past, a lack of credible witnesses may have allowed for parties to "massage" what really happened - but not anymore. Having a “black box” in your car, keeping tabs on all of your driving behavior, means that you should be even more careful and cognizant of following the letter of the law, in terms of obeying all road signs, traffic lights, and posted speeds.

Who knows? As a Dedham, Massachusetts car accident attorney, now that we know that “Big Brother” is watching, it just might make better drivers of us all.

Massachusetts Pool Slide Death $20 Million Verdict Upheld

Fri, 27 Apr 2012 00:32:09 -0500

Summer - it’s almost here. That’s when everyone enjoys summer barbecues, lemonade, and pool parties galore in the backyard.

I’ve written in this blog previously that swimming pools bring with them inherent risks. The risks of injury are very high. Depending on the type of swimming pool injury involved, an area of law known as “premises liability” or "product liability" will usually be involved. Whether the pool is an in-ground/built-in, or an above-ground portable pool, as a Boston/Dedham Massachusetts injury lawyer, I can assure you they can be very dangerous – if not fatal. Whatever type of pool is involved, numerous safety and liability prevention measures should be taken by all property owners who have a swimming pool on their premises.

Just last week, a Massachusetts judge upheld a $20 Million verdict that was returned by an Essex County Superior Court jury last fall in a swimming pool product liability case. The jury awarded the sum to the family of a Colorado woman who died after a Toys ‘R Us inflatable pool slide partially collapsed, as she attended a pool party in Andover.

The background on that suit: Robin Aleo was 29 years old, married, and the mother of an 18-month-old daughter. In 2006, at a pool party at the home of relatives in Andover, Mrs. Aleo climbed to the top of the six-foot-high “Banzai Falls” inflatable slide that the owners of the pool had purchased, instead of installing a permament, "hard" slide. Mrs. Aleo slid down the slide head-first. At the bottom, the slide bent, or collpased, under her weight and Mrs. Aleo hit her head on the edge of the pool, breaking her neck. She was left unable to breathe and paralyzed. She died the next day.

The owners of the pool were Mr. Aleo’s aunt and uncle, Sarah and William Letsky, of Andover. The Letskys had purchased the slide a month prior from Toys ‘R Us, through the Amazon.com website. Mrs. Aleo was, at the very least, the second person to be injured by the Banzai Falls slide. According to court documents, a man in Missouri was left a quadriplegic when the same thing happened to him, on a Banzai Falls slide purchase at Walmart.

Jurors in Mrs. Aleo’s Massachusetts product liability case learned an important fact: that the company that Toys ‘R Us uses in China to safety-test its products for export, Bureau Veritas, was never asked to test the pool slide for compliance with federal safety regulations at the Consumer Product Safety Commission. While the slide had a small-print warning that it should not be used head-first, federal safety standards did require that the slide be tested for such a typical use. Furthermore, a plaintiff’s expert witness concluded that the Banzai Falls slide completely deforms under almost any weight at all, making it virtually unable to support any kind of load.

As a Boston, Massachusetts product liability attorney, I find it almost incomprehensible that any company would think that an inflatable slide woudl not bend or collapse under the weight of even a child, never mind an adult. It seems not enough has been learned since the days when the unbelievably foolish and dangerous "Slip 'N Slide" was manufactured (sometimes known by its more fitting name, the "How To Break Your Neck In A Few Easy Steps" toy.)

Toys ‘R Us attorneys' argued that the regulations did not apply to the Banzai Falls slide, because it was inflatable. How creative. The jury’s verdict last fall included $2.5 Million in anticipated lost income for Mrs. Aleo’s advertising/marketing career and other actual damages; $100,000 for pain and suffering before her death; and $18 Million in punitive damages. Two other defendants who were named in the initial suit along with Toys ‘R Us, Amazon.com, and also manufacturer SLB Toys USA, both settled with Mr. Aleo for undisclosed amounts of money.

As a Norfolk County injury attorney, I can tell you this for sure: Now that a Massachusetts judge has upheld the $20 Million jury award, and denied Toys ‘R Us’s motion for a new trial and verdict reduction, the pressure on the defendants to settle is increased exponentially. Toys ‘R Us can appeal this verdict to the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court and beyond that, but thankfully, there is a legal mechanism that prevents defendants who have been found liable in such cases, from denying justice to the plaintiffs by dragging the case on, forever. Many defendants who have been ruled against, and ordered to pay damages, would do exactly that, if they could. That would be their way of preventing paying any damages. However, there is a statute that provides for "post-judgment interest" to accrue on a jury's verdict award, if a defendant chooses to appeal. This ensures that a defendant is not denied the right of appeal, but it also provides a disincentive to continue appeals when they have little to no legal basis. All this means that the more Toys ‘R Us appeals these court rulings, the more the clock ticks, and the more money they will eventually owe to the plaintiffs.

The Essex County Clerk of Courts said that his office is still calculating the interest on this judgment, and that it will be probably the largest ever awarded by an Essex County jury.

Massachusetts Nursing Home Abuse Can Go To Jury, Not Arbitration

Wed, 25 Apr 2012 22:42:04 -0500

If you have placed someone that you love in a nursing home, signed a healthcare proxy on their behalf, and later decide you want to sue in court for Massachusetts nursing home abuse , or file a Massachusetts wrongful death suit, this blog post is for you. That's because many Massachusetts nursing home contracts require the patient or the patient's representative to submit to binding arbitration (outside of court) in the event of a legal dispute, instead of allowing the plaintiff to file a lawsuit in court, and argue his or her case to a jury. These are known as "binding arbitration clauses." Are they always valid? No.

A recent court decision in Massachusetts illustrates that in some cases, these binding arbitration clauses in nursing home contracts can be defeated, allowing a plaintiff to bring his or her case in court, to a jury. This is important, because most nursing homes compel you to go to binding arbitration, waiving the right to a jury trial.

Here’s a brief version of the case that defeated such a nursing home binding arbitration clause. A man named Salvatore Licata admitted his mother to a hospital, as she was suffering from Alzheimer's-type dementia. On the day after the hospital admission, Licata’s mother, Rita, signed a Massachusetts Healthcare Proxy appointing her son as her healthcare agent, with the authority to make all healthcare decisions for her, should a physician determine that she lacked the capacity to do so on her own.

Four days later Rita was discharged and transferred to a nursing home. At the nursing home intake meeting, Mr. Licata filled out all of the necessary paperwork, saying, however, that he didn’t fully understand all of the papers. As part of that process, he signed a two-page agreement in which Rita had agreed that if there was any future claim against the nursing home, for negligence or otherwise, that the matter would go to out-of-court arbitration and not to court. In 2009 Rita died. Mr. Licata believed her death was a result of Massachusetts nursing home negligence, and filed a wrongful death suit.

A Superior Court judge has ruled that since Mr. Licata signed a healthcare proxy – and not a “Power of Attorney,” which is a different type of document – it would not bar his wrongful death suit against the facility. What this means is that he is not compelled to submit to arbitration, outside of court. He can, in fact, have a jury trial for his Massachusetts wrongful death lawsuit. A Superior Court judge found that the proxy was not properly activated at the time, and that even if it was, that Mr. Licata still lacked the authority to waive his mother’s right to a jury trial.

So if you should find yourself in a position where you wish to sue a nursing home, there is hope for your case.

As a Massachusetts nursing home abuse attorney, I can also tell you this: Nursing home abuse is one of the fastest-growing areas of Massachusetts personal injury litigation. There are two reasons why. First, there is an ever-increasing number of nursing home residents, due to average Americans having a longer lifespan. Second, many nursing homes are owned by large corporate organizations, who care more about the “bottom line” of profitability, than they do patient care.

The right of civil jury trial is one of the most important civil legal rights that we have, and this very correct decision underscores that point.

Lowell Car-Pedestrian Accident Results In Death

Mon, 23 Apr 2012 17:35:58 -0500

As a Norfolk County car-pedestrian accident attorney, I can tell you this for sure: while experiencing a Massachusetts car-to-car accident is always awful, there’s something even worse: a Massachusetts car-pedestrian accident. That is when a pedestrian is hit by a two-ton steel vehicle, and that person does not have the benefit of a car seatbelt or airbag to protect him or her.

Any pedestrian who is hit by a car is typically going to undergo serious injuries. Most victims, if they are not killed instantly, wind up with severe cuts and lacerations, broken bones, bleeding and bruising.

Car-pedestrian accidents most frequently occur in streets, parking lots and intersections.

Case in point: this past week in Lowell, Massachusetts, a pedestrian was fatally struck by a car. It occurred at the intersection of Andover and High Streets. The case is currently under investigation.

In terms of this Lowell car-pedestrian accident, bear in mind that the liability that occurs in pedestrian crosswalks can be very complicated and difficult for the average person to understand and interpret. In general, pedestrians almost always have the right-of-way when they are crossing the street in a crosswalk, or in a crosswalk when the “Walk” sign is flashing. Many factors come into play in determining who is at fault; these include the traffic-light sequence, signage, and – believe it or not – the color of the clothing the pedestrian was wearing at the time of the accident.

If you ever find yourself in a car-pedestrian accident, there are certain things you can do to protect yourself. Ask someone to take a picture of you there at the scene of the accident, with your cellphone camera, as this will assure preservation of evidence. Obtain the contact info for all witnesses, and exchange contact information and insurance information with the driver who hit you.

Also, be aware that insurance companies can be clever. They just might send an insurance representative to your home to ask you for information. DO NOT under any circumstances speak to the insurance company, until AFTER you have hired a Dedham, Massachusetts car accident lawyer and have conferenced with him or her about your case.

Southborough Car Accident Caused by National Grid Truck

Sat, 21 Apr 2012 22:05:41 -0500

Here’s even more proof that you need to exercise extreme caution when you drive near any construction vehicles, if you want to avoid a Massachusetts car accident.

If you've ever been traveling behind a large trailer that is hauling heavy equipment and feared that the trailer might fall on top of your car, you’re right to be fearful. This past week a backhoe fell off a National Grid truck, crushing a woman to death, injuring three others, and invoking a Massachusetts wrongful death lawsuit alleging negligence.

Here are the reported facts: In 2011, National Grid had apparently replaced its fleet of heavy, 10-wheeled trucks with smaller, six-wheeled trucks. National Grid drivers soon complained that the smaller trucks didn’t have enough power to properly haul heavy equipment. They asserted that the smaller trucks were difficult to stop and control, especially when going down hills. Despite that, a foreman was instructed to test-drive one of the trucks – one towing a huge backhoe – on the day of the accident.

Fisher’s truck was traveling in Southborough, on Interstate 495 in August 2011, when he lost control of the truck. It forced the heavy 17,000-pound backhoe it was towing to break loose from its restraints. Yingzi “Sharon” Wang’s minivan was traveling behind the trailer, when the backhoe broke loose from the trailer. The errant backhoe forced Ms. Wang's vehicle off the highway and down an embankment, landing on top of her vehicle. Ms. Wang suffered a broken back, and her two children were also seriously injured. Ms. Wang's 70-year-old mother was crushed to death.

As a Norfolk County personal injury attorney, I view this incident as a Massachusetts motor vehicle accident that probably could have been prevented. When a tragedy like this happens, and a wrongful death suit is brought, the only thing the law can do is to provide a judicial remedy for the victim, and also for family members left behind. (Assuming, of course, that negligence can be established on the part of the defendant involved.)

Dorchester, Massachusetts Car Accident Kills Three

Wed, 18 Apr 2012 01:14:57 -0500

As a Boston car accident attorney, I’m always saddened to hear about yet another death due to a car accident, especially one that has taken the life of three young people.

Another tragedy happened this past Tuesday morning at approximately 4:30 AM on Morrissey Boulevard in Dorchester.

Two young men, and a young woman, all from Neponset, were in an automobile that left the road between two sections of the guardrail, then went up an embankment, before it rolled over and landed on its roof. The three occupants of the car – 19-year-old Samatha Pinson, 19-year old Paul Reagan, and 20-year-old John Carter – were trapped in the car and had to be rescued by the fire department. Paul Reagan and John Carter died at the scene, and Ms. Pinson was later pronounced dead at Boston Medical Center.

The State Police reported that the three occupants were not wearing seat belts, and there was no evidence of alcohol in the car. They had reportedly just left a party on Minot Street in Dorchester. As a Boston, Massachusetts injury lawyer, I have seen too many of these accidents. Worse, when the injuries and/or fatalities result from a one-car accident such as this, insurance recoveries can be limited, as there is no "other driver" to sue. While financial recoveries can never replace a loved one, the absence of this option often only compunds the surviving family's difficulties. Sometimes, there are legal avenues and mechanisms to surmount this problem, but it takes a very talented Massachusetts one-car accident lawyer to do so.

My sympathies go out to these families. If readers can take anything from this post, it is this: Always be extremely careful when driving. Always use seatbelts, and do not use text or use a phone when driving. And when you're not watching your own driving, watch everyone else's.

Massachusetts Wrongful Death Lawsuit Filed Against Marriott Hotel

Wed, 18 Apr 2012 00:17:51 -0500

Financial compensation produced by a lawsuit can never take the place of a loved one who has died as a result of another party's negligence.

However, such compensation can, at the very least, provide a measure of justice to the victim’s survivors for the loss of companionship, affection and love that they will inevitably suffer as a result of the victim’s death. A lawsuit alleging Massachusetts wrongful death can arise from a number of different circumstances, ranging from Massachusetts medical malpractice, to Massachusetts motor vehicle accidents, to product liability and more. Another area of law that might give rise to a claim of wrongful death, is the law of Massachusetts premises liability. The law of premises liability governs the civil liability of owners of property, commercial or otherwise, when a lawful visitor to that property is injured or killed due to negligence of the property owner.

A very interesting Boston case involving a claim of wrongful death, is grounded in large measure on the principles of premises liability law. The case is the now-famous criminal case involving the "Craig's List Killer," where a woman who was renting a room in the Boston Marriott Copley Place Hotel for prostitution, was allegedly killed by Philip Markoff, who was accused of the killing. Mr. Markoff committed suicide while being held in jail awaiting his trial, and as a result was never convicted in the case. The victim was Julissa Brisman, a 25 year-old prostitute. Ms. Brisman's mother, Carmen Guzman, recently filed the wrongful death suit in Suffolk Superior Court, naming the Boston Marriott Hotel as defendant.

In her suit, Ms. Guzman maintains that the entire Marriott Hotel chain was negligent in her daughter's death. She alleges that the hotel chain failed to prevent prostitution at its locations, which allowed her daughter Julissa to book a room to offer sexual services in exchange for money, thus making her susceptible to an attack of the type that killed her. Ms. Guzman claims that the Marriott chain should have been on “high alert” for prostitution at its hotels, citing the fact that just four days prior to her daughter’s death, another prostitute was robbed and gagged at gunpoint, at a hotel adjacent to the Boston Marriott Copley Place. She also believes that the hotel should have known about the prostitution services her daughter offered on the night she was killed, as there was a steady stream of men coming and going from her hotel room. Ms. Guzman’s complaint states that Marriott’s negligence was “the proximate cause” of her daughter’s death.

As a Suffolk County, Massachusetts wrongful death attorney, I know all too well how these lawsuits play out in court. After a Massachusetts personal injury lawsuit such as this one begins, the only thing the law can do is provide a judicial remedy -- assuming that negligence can be established on the part of a defendant -- for the family members left behind. Financial damages, while they can never bring back a loved one who has died, can compensate the victim's survivors for the loss of companionship and society of the victim, the victim's pain and suffering, medical expenses related to the victim’s death, and other economic damages that might be relevant.

As a Boston, Massachusetts negligent security lawyer, I do see one difficulty facing the plaintiff in this suit: Damages to victims who have suffered harm in premises liability cases are not usually awarded, unless it can be shown that the victim was lawfully on the premises at the time the injury occurred. In this case, the victim (the late Ms. Brisman,) was allegedly conducting an illegal activity on the premises (prostitution.) Therefore, Marriott's attorneys (more accurately, the attorneys for its liability insurer,) will likely claim that since Ms. Brisman's presence in the hotel was not lawful, the representative of her estate (her mother,) cannot recover. That is very likely why this case was filed as a wrongful death claim, and not framed as a premises liability suit.

Baby Crib Product Defect Forces Recall

Fri, 13 Apr 2012 23:40:50 -0500

Think that your child is safe and secure when tucked away in a warm cozy crib?

Think again.

Baby cribs are a relatively common type of product that is typically subject to recalls, due to defects, along with toys and child car-safety harnesses. Just this week the U.S. Consumer Product Safety Commission announced a recall of Rockland Furniture Drop-Side Cribs, manufactured by Nan Far Woodworking Company of Taiwan. They are sold at J.C. Penney. The hazard is that each crib’s drop side can detach, malfunction or otherwise fail, causing part of the drop side to fall out of position. The very serious problem that occurs with this product, is that a space is created in the side of the crib, into which an infant or toddler can roll and become wedged or trapped, which can lead to the child’s suffocation or strangulation.

These Rockland furniture cribs were imported and sold by J. C. Penney from 2005 to 2008. They were sold for approximately $150 and $400. If you have purchased such a crib, you can contact Nan Far Woodworking at its hotline, (877) 967-5770 for a free repair kit that will immobilize the drop side.

As a Massachusetts product liability lawyer, I urge parents who own these cribs to promptly find an alternate, safe sleep environment for your child.

It is always distressing to hear about another defective product, which may result in a Massachusetts product liability lawsuit. Some defective products have become famous, such as Ford Motor Company’s Pinto car manufactured in the Seventies. It caused numerous injuries and deaths because of a defectively designed and manufactured gas tank that exploded at the slightest, rear-end, low-speed impact. Far too frequently, manufacturers spend more dollars and time on advertising and marketing their product, and too little time and money to ensuring that their product is safe for all consumers. Sadly, this is nothing new.

If you are a Massachusetts resident and have suffered a personal injury due to product liability, or someone in your family has died due to product liability, you may be entitled to compensation for your pain and suffering and should speak to a Massachusetts personal injury attorney.

MBTA Bus-Bike Accident In Salem

Fri, 13 Apr 2012 21:59:05 -0500

Most people that I know, if they were asked about how you could get injured by the Massachusetts Bay Transportation Authority (MBTA,) would not mention the word "bicycle." But they'd be wrong. Last week. there was just such an accident - an MBTA-bicycle accident - in downtown Salem, Massachusetts. A Massachusetts Bay Transportation Authority (MBTA) bus struck a man riding his bicycle and left him with serious injuries and trauma.

The injured man, Philip Moran, was crossing from Federal Street in Salem to Washington Street. He was struck by a Route 544 bus, whose right front end hit him. Making my point of just how serious such accidents can be, this man is now in critical condition at Massachusetts General Hospital. That should come as no surprise: In a bus-bicycle accident, you've got two tons of steel and glass slamming into an unprotected human body, riding something that weighs about two pounds.

As a Boston MBTA accident lawyer, I can tell you that accidents such as this one might have been caused by bad weather conditions or even operator, conductor and driver error, which can include cell phone usage, texting, and even operator intoxication.

Regardless of the exact reason for the accident, if you are suffering from an MBTA injury, you may be entitled to compensation for your pain and suffering, in the form of medical bills, medical expenses, lost income and wages (resulting from the MBTA accident), and damage to your vehicle – in this case, a bicycle.

And remember – if you do ride a bike – you are required to obey motor vehicle traffic laws. In the meantime, ride safely.

Walpole Motorcycle-Car Accident Kills Norfolk County Deputy Sheriff

Thu, 12 Apr 2012 00:15:42 -0500

He was known for his Hollywood good looks, his skills as a motorcyclist, and was nothing but a positive force in the Norfolk County Sheriff’s office.

But Deputy Sheriff Ryan Tvelia, 42, was killed in a Walpole motorcycle accident this past Tuesday, on Interstate 95. Mr. Tvelia was in uniform, and was riding his department-issued Harley-Davidson motorcycle. He was enroute to Quincy, to serve in an honor guard at a funeral for the mother of a corrections officer. Mr. Tvelia’s motorcycle collided with one car, and then was also struck by a second car. The Walpole motor vehicle accidents occurred near Exit 11 on Interstate 95.

Mr. Tvelia had worked as a corrections officer, and was part of the transportation unit that transported inmates between the Dedham jail and courthouses.

As a Walpole car and motorcycle accident lawyer, I am saddened to hear of this news. But the sad truth is that the statistics show that you are very likely to be injured in a car accident over the course of your lifetime. That’s always upsetting to hear. Other than being the best driver you can be, there's not much you can do about it. So many cars, motorcycles and trucks travel on America’s roads, that accidents are simply going to happen – usually when you least expect it.

And when it comes to Walpole and Massachusetts motorcycle accidents, there’s more bad news: In the state of Massachusetts, there is a legislative distaste towards motorcyclists who are injured in motor vehicle accidents. How does this manifest itself? This is most blatantly seen when reimbursement of medical expenses and lost wages are denied to motorcyclists who are injured in motor vehicle accidents. Medical expenses and lost wages are not denied to standard auto insurance policyholders.