Personal Injury

January 24, 2016

Treatment and Safety Info for Burn Injuries

Burn injuries are among the most serious and painful types of personal injury one could experience. What people may not be aware of is that in addition to the pain and suffering as a result of the damage to the skin and nerves, without the skin to protect the wound, there is a high risk for developing serious and even fatal infections. In fact, secondary infection is one of the major causes of injuries following a serious burn accident.

Another misconception many people have about burn injuries is that a third degree burn is the worst type of burn. There are actually four types of burn injuries doctors see in a typical personal injury burn case. A first degree burn is the mildest and is typically caused by the sun and causes redness on the skin. A second degree burn involves damage to the outer layers of skin and can involve blistering and bleeding. A third degree burn involves a burn of all layers of skin, muscle and connective tissue and is extremely painful and has a high risk of infection. The worst type of burn is a fourth degree burn that involves a full thickness burn when even the bone is destroyed by the heat and fire. Continue reading

January 6, 2016

Woman Killed at Ski Resort in “Spruce Trap”

by Jeffrey S. Glassman

While this hasn’t been much of a winter for most of the country, it has been getting a little colder in the New England area, including in the Commonwealth of Massachusetts. One of the winter activities that is quite popular in our region is going to the ski slopes for skiing or snowboarding. While there is no question that skiing or snowboarding is an inherently dangerous activity, especially for those who are inexperienced, a ski resort is still required to take whatever reasonable steps it can to prevent foreseeable injury to foreseeable persons and property

Preventing foreseeable injury to foreseeable persons and property is the duty of care owed under the common law definition of negligence in the Commonwealth of Massachusetts. One issue that arises in these cases is that, whenever you go to a ski area, you are often required to sign a waiver of any and all liability. This is either done when you sign an electronic signature pad, such as you do when picking up a prescription at your local pharmacy, or it is actually printed on the back of your lift ticket. They say that by affixing the lift ticket to your jacket, you are agreeing to the conditions of the waiver. Continue reading

January 2, 2016

Accidental Shooting at Gun Show Results in Serious Personal Injury

by Jeffrey S. Glassman

With all the recent gun violence around the world, we have once again been hearing about efforts to increase gun control restrictions in the United States, and we have been hearing from those who oppose gun control. Regardless of one’s personal feelings on gun control, there is no question that guns are a big issue in the country, as well as big business. Even in the Commonwealth of Massachusetts, where there have been substantial gun control laws for many years, there are still many residents who strongly support one’s right to own firearms.

There are still many guns sold in our state, and some of those of guns are sold at gun shows held at conference centers and hotels across the Commonwealth. At the shows, buyers can look at guns and firearms-related products, and, if they have a valid Firearms ID card, or FID card, they may purchase certain firearms. While anyone is allowed to show up at these events with their own firearm, assuming they have a permit, they are supposed to not carry around any loaded weapons to prevent a serious personal injury or death. Continue reading

December 22, 2015

Promising New Research Could Help Spinal Cord Injury Victims

by Jeffrey S. Glassman

Each year, approximately 12,500 new spinal cord injuries will occur within the United States. The National Spinal Cord Injury Model System explains these statistics do not reflect the number of people who die at the scene of accidents as a result of spinal injuries. Males account for 80 percent of new spinal cord injury patients, and the average age at which a person sustains a spinal cord injury is 42 years old. This is a 29 year increase in average age since the 1970s.

Spinal cord injuries are permanent when they occur, and can cause profound changes to the lives of victims and their families. Treatment of spinal cord injury is limited and is often focused on managing symptoms and conditions resulting from full or partial paralysis. However, Reuters reports there is new research currently underway which may be showing promise for improving treatment options.

New Research Leading to Advances in Spinal Cord Injury Treatment

December 15, 2015

Parking Lot Accidents a Boston Injury Risk

by Jeffrey S. Glassman

Parking lots can be a dangerous place both for people walking and for people driving. During the holiday season and the rest of the winter months, the risk is exacerbated because of the potential for slippery conditions.

Motorists should be alert to the risks they face when in parking lots, and should do everything possible to try to avoid getting hurt when they get out of their cars to head to their destination. Unfortunately, often it is drivers or parking lot owners who are negligent in a manner that leads to an accident.

November 30, 2015

Face Transplant for Burn Victims

by Jeffrey S. Glassman

According to a recent news article from 12 News Now, a volunteer firefighter who was badly burned in a fire has undergone the most extensive face transplant performed to date. As part of the operation, he received a new face, scalp and neck tissue. After being left legally blind following his accident, because his face was too damaged for his eyes to see, he expects he will finally be able to regain his vision and drive again, which has been his dream.

The first face transplant surgery was performed in France around a decade ago, and it is the same doctor who headed up the transplant and reconstruction teams for this volunteer firefighter. He considers this latest surgery to be his most successful operation ever, and it was far more involved than earlier ones, due to the extent of burn damage and what they are able to do to repair it. Continue reading

November 29, 2015

Student Burned at Lowell High School

by Jeffrey S. Glassman

Most personal injury cases are filed under a theory of negligence. This means that plaintiff is alleging defendant owed a duty of care to plaintiff, breached this duty of care, the breach was the actual and proximate cause of plaintiff’s injuries, and damages resulted. These are the four elements of a negligence cause of action in the Commonwealth of Massachusetts.

The duty of care can be owed to plaintiff as a matter law, due to a contract, or as a result of the defendant placing plaintiff in harm’s way. An example of a legally imposed duty involves a motorist. Anyone who gets a driver’s license owes a duty to act as a reasonable and prudent person to prevent foreseeable to harm to foreseeable persons and property while behind the wheel of a car. Continue reading

November 26, 2015

Digital Technology to Keep Skiers Safe

by Jeffrey S. Glassman

Skiing in a very popular activity across New England, including in the Commonwealth of Massachusetts. While skiing can be lot of fun, it happens to be somewhat of an inherently dangerous activity. It is for this reason, whenever your purchase a lift ticket or season pass, you are required to agree to sign a waiver that essentially excuses the ski area from liability.

It should be noted that these waivers often tend to go too far to try to limit the ski area’s liability from everything, from routine accidents to gross negligence and willful acts committed by their employees. These extreme clauses in the liability waivers are not likely to be upheld in Massachusetts, as they may be against public policy, but some clauses in the waivers may be effective. There are also choice of law provisions and often times a requirement to submit to binding arbitration, and these are things you should discuss with your attorney. Continue reading

November 12, 2015

Report: One Dead in Skydiving Accident

by Jeffrey S. Glassman

Skydiving is an inherently dangerous activity. People who do this are choosing to jump out of an airplane at a high altitude, so they can experience the rush of freefalling through the air and then being able to float safely to the ground using a nylon parachute. Every year, there are many accidents involving skydivers, though most of them involved broken bones, sprains, and bruises caused by a rougher than expected landing. Deaths do occur, but they are not as commonplace as one might think with an experienced instructor and properly maintained equipment.

However, regardless of how safe or dangerous one might consider skydiving, anyone who wished to participate through the use of a professional skydiving business is likely required to sign an extensive waiver in which the diver accepts that skydiving is dangerous and disclaims any and all liability on behalf of the business. Continue reading

November 8, 2015

High School Settles Case with Injured Student

by Jeffrey S. Glassman

There is no question football is a dangerous game. Every time your child puts on his uniform and steps on the field, there is always a risk that he could be injured. Sometimes, we are talking and sprains and bruises or even broken bones, and other times we are talking about serious head and neck injuries. The fact that tackle football is so dangerous is the reason the school requires parents to sign a waiver stating they understand what could happen and assume the risk of an injury.

Assumption of risk is a common defense to cases where a victim is injured while doing a potentially dangerous activity, and releases are commonly required. Every time you do certain activities, like skiing, sky diving, and going on certain amusement or a water park rides, you have to sign a waiver. When you go skiing, the lift ticket you clip on your zipper contains a lot of fine print that constitutes such a waiver. Continue reading