Personal Injury

January 8, 2020

Hockey Player Can’t Sue Other Players for Injuries, Massachusetts Appeals Court Rules

Injuries in sports are common, especially in contact sports such as football, rugby or ice hockey. But when can a player sue another player for a personal injury sustained during the course of a game?

On Dec. 2, 2019, a three-judge panel of the Massachusetts Court of Appeals ruled in a split decision that Daniel Borella, who was 17 when he was checked by another player and cut on the wrist by the player’s hockey blades, cannot sue the player, coaches, referees or rink owners and managers for his injuries.

The majority explained that checking is “a fundamental aspect of the way the game is played” and does not rise to the level of “reckless” misconduct required to trigger liability. Continue reading

July 22, 2019

Boston Uber Crash Considerations for Bicyclists, Pedestrians and Passengers

by Jeffrey S. Glassman

If you are injured in an Uber or by an Uber – or a crash involving any other rideshare service in Boston – you may be entitled to substantial compensation for your injuries.

Among the considerations a Boston personal injury attorney will make following an Uber crash:

Uber considers its drivers to be independent contractors, not employees, which allows a degree of distance between the company and a negligent driver, where otherwise vicarious liability/doctrine of respondeat superior would make rideshare companies automatically responsible to pay. All drivers are required to carry their own auto insurance, but if third-party liability doesn’t apply, Uber offers up to $100,000 in bodily injury coverage per accident ($50,000 per person) while drivers are active on the app and up to $1 million while they are en route to pick up a fare or are actively carrying a fare.
Uber, like Lyft and other providers, insist they are not “taxi” or “livery” services, but rather technology platforms. In addition to not employing drivers, they don’t own any vehicles either.
Pedestrians and bicyclists injured in a crash with an Uber driver may be entitled to third-party liability coverage too.

In practice, however, this coverage isn’t so straightforward as it might seem. Take, for instance, a case reported on recently by WCVB ABC-5 in Boston. A man in Framingham is reportedly being sued for a 2015 Massachusetts Uber accident in which he, Uber’s passenger, reportedly doored a bicyclist. Uber insists it won’t defend him (and further won’t pay the bicyclist injured).

The news station reportedly discovered that many of the insurance protections the company purports to carry for drivers and passengers, as well as injured bicyclists and pedestrians, may not be as readily available as one might be led to believe. Continue reading

June 25, 2019

Massachusetts Property Injuries: Premises Liability and Sovereign Immunity

by Jeffrey S. Glassman

An Attleboro man was seriously injured after a swing collapsed last week at a popular outdoor bar.

The man suffered a head injury after being hit by a falling pole at Lawn on D, a popular bar at the Convention Center. WHDH reported two women were on the swing at the time. The man was sitting next to the swing while visiting the bar after marching in the Pride Parade. He suffered a concussion and a serious head wound that required emergency medical care.

The Massachusetts Convention Center Authority, which operates the bar, told media the incident was the result of a mechanical failure. The Authority said new safety features had been put in place and that the swing was inspected every week.

March 22, 2019

Risks of Nursing Home Neglect and Abuse in Massachusetts

by Jeffrey S. Glassman

The Massachusetts Attorney General this week announced settlements with seven nursing homes over the deaths of five residents.

One nursing home operator has been banned from participating in state-run healthcare programs for a period of seven years, while others agreed to fines ranging from $30,000 to $200,000 and will undergo retraining of staff. But the settlement falls short of criminal prosecution, which safety advocates contend needs to occur to hold large for-profit nursing home operators accountable for the health and safety of residents.

The Worcester Telegram reported more nursing home closures are expected across Massachusetts. Currently more than 400 Massachusetts nursing homes operate 45,000 beds. About 20 Massachusetts nursing homes closed last year.

The aging Baby Boomer population, consolidation of the industry into a few large for-profit nursing home operators, and a lax regulatory and oversight environment have created a perfect storm in the American nursing home industry. As our nursing home abuse attorneys in Massachusetts reported last year, instance of nursing home mistreatment or neglect can be even more likely at these for-profit facilities.

December 23, 2018

Winter-Weather Injury Risks and Accident Liability in Boston

by Jeffrey S. Glassman

Failure to clear ice and snow from your property may result in liability if someone falls or is otherwise injured this winter.

Many property and business owners may still be under the impression that Massachusetts law does not hold them accountable for injuries resulting from failure to remove ice and snow from sidewalks, parking lots or other locations on their property. However, a landmark 2010 ruling by the Massachusetts Supreme Judicial Court in Papadopoulos v. Target Corp., changed Massachusetts snow-removal law for the first time in more than a century.

The ruling rejected long-held common law, which generally held property owners were not responsible for injuries created by naturally accumulated ice and snow. In the court’s opinion, Justice Ralph Gants wrote it “is not reasonable for a property owner to leave snow or ice on a walkway where it is reasonable to expect that a hardy New England visitor would choose to risk crossing the snow or ice, rather than turn back or attempt an equally or more perilous walk around it.’’

These are complex cases involve state law, and municipal ordinances and are best handled by an experienced Boston injury lawyer. Additionally, the law makes a distinction between naturally accumulated snow and ice and dangerous conditions that contribute to winter-weather risks.

While there is no set mandate regarding how quickly snow and ice must be removed under state law, many communities have passed snow-removal ordinances that include time limits. In most cases, liability extends to public sidewalks in front of a business or residence.

For example:

City of Boston gives business just three hours. Residents are given six hours.
Worcester’s ordinance states removal must occur within 12 hours.

July 19, 2018

Injuries While Attending Sporting Events in Boston

by Jeffrey S. Glassman

Three years ago, a fan was attending a Red Sox game at Fenway Park in downtown Boston when she was hit by a part of a bat. The bat was broken when swinging at a pitch, and this is something that happens on a somewhat regular basis during the game of baseball.

This piece of the broken bat went flying into the crowd and made contact with a fan’s head, resulting in traumatic brain injury (TBI). While it is true there are signs posted warning fans to pay attention for objects leaving the field of play, and there are even announcements on the scoreboard before the game, these announcements often do little good when it comes to protecting defenseless spectators. Continue reading

June 14, 2018

Pedestrian Accident in Boston

by Jeffrey S. Glassman

On June 13, the Boston Police Department received a call about a pedestrian accident that occurred on Main Street in Boston. The accident was reported around 8:20 in the morning, and police and other first responders were dispatched and arrived at the scene shortly afterward.

Once arriving at the scene, Officer Charles Kelley and other first responders secured the scene and directed traffic around the area. They discovered that one individual, the pedestrian, had been injured in the accident. EMTs administered emergency medical care to this individual and worked to stabilize them. The extent of their injuries is still under review and has not been released to the public. However, no fatalities were reported.

Within the hour, the scene was cleared. The driver remained on the scene and answered questions about the accident. The crash remains under investigation.

June 14, 2018

Car Accident on Harding Street

by Jeffrey S. Glassman

On June 13, the Worcester Police Department received information about a car accident that was reported to have involved two vehicles. The call about the collision was received around 1 in the morning, and emergency responders arrived on the scene shortly afterward.

Upon arrival, they found that the accident was serious and that one individual had been severely injured in the crash. This individual was given medical care at the scene and then transported to a nearby hospital to receive further medical attention for their injuries. The area was secured by police while care was given to the victim, and traffic was slowed for a time. The extent of the victim’s injuries is still under review, and no fatalities were reported. This accident occurred on the 100 block of Harding Street. The accident was cleared and traffic resumed as normal within an hour after the crash.

Accidents and Injuries

June 14, 2018

Accident on North Main Street in Carver

by Jeffrey S. Glassman

On June 13, a car accident was reported to police in Carver. The Carver Police Department received the call about a multiple vehicle accident that involved at least one person sustaining injury. The call was received around 10:40 am., and emergency crews were sent to the scene quickly afterwards. Upon arriving at the scene, emergency authorities secured the area and directed traffic around the collision.

Several individuals involved in the accident sustained injuries, and they were given medical care at the scene, though their names have not been released to the public. The extent of their injuries is still being determined, and no fatalities were reported. The scene was cleared soon after, and the normal flow of traffic was quickly resumed.

Car Accidents and Injuries

June 14, 2018

Vehicle Accident Reported at Ashcroft Street

by Jeffrey S. Glassman

On June 13, the Boston Police Department received a report about a multi-vehicle accident that involved injury. The incident was reported to the department around 7:10 in the morning.

Emergency responders were dispatched to the scene, and Officer Oscar Guerrero was one of the first to arrive at the accident. Upon arrival at Ashcroft Street, first responders discovered that one individual had sustained injuries in the crash. This person was given medical care at the scene, but the extent of their injuries is still under review and the victim’s name has not been released to the public as of this time. There were no reported fatalities. The accident was cleared within the hour, and the flow of traffic resumed as normal.

Car Accidents and Injuries