Articles Posted in Slip and Fall

Recently reported hunting accidents during deer-hunting rifle season have our Boston personal injury lawyers reminding hunters to stay safe out there. Not only are you at risk of being shot inadvertently by another hunter but you could suffer a slip accident in the darkened woods or a fall accident from a deer stand.
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Nashua Patch reported two separate Massachusetts hunting accidents on opening day. A man from Marlborough was shot and killed by another hunter in an early morning incident while hunting with his father and brother in Lisbon. Later that day, a hunter from Pittsfield was severely injured after being shot in the buttocks while hunting with a group of five hunters.

The Milford Daily News reports more hunting permits handed out in our region this year means more hunters will be out there looking for the ultimate prize, a multi-pointed buck. In an effort to control the animal population throughout Massachusetts, hunters will be permitted to hunt an additional 850 deer this year compared to last year. Massachusetts hunters are permitted to kill two bucks in addition to antlerless deer. In total, 9,000 antlerless deer can be hunted and killed in Metro West, Greater Boston and North Shore in addition to the just shy of 9,000 that can be killed in Zone 11.

With so many hunters out there this year, hunting safety becomes a prominent concern. According to NashuaTelegraph.com, wearing orange can make a hunter easier to spot even in thick brush or popular hideouts. Wearing bright orange doesn’t scare the deer away because they can’t distinguish colors like red, green, yellow or orange but it can make hunters highly visible to anyone else sharing the woods. Neighboring New Hampshire has reported 31 firearm-related accidents since 2000 but only 11 of them involved a hunter dressed in bright orange. All 11 were considered accidental from a fire mishap or careless handling.

Massachusetts requires hunters to be dressed in bright orange and take a hunting safety course prior to going out to hunt. Education and awareness can keep hunters safe and making the right choices when it comes to avoiding injuries.

Keep safety in mind by using these additional hunting safety tips from Massachusetts Division of Fisheries & Wildlife:

-Never drink and hunt. Alcohol is a bad combo when it comes to using a loaded firearm.

-Don’t keep guns loaded when you aren’t using them.

-Use a haul line to raise your gun or gear.

-Only fire when you are sure of your target and what is behind it.

-Never run, jump a ditch or climb a tree with a loaded gun.

-When using a tree stand, wear a Fall-Arrest System or full body harness to prevent a fall accident from heightened levels. Make sure the stand is sturdy before using.

-Hunt with a friend in case an emergency arises and rescue help is needed.

-Keep a charged cell phone on silent but handy in case an accident occurs.

-Always keep guns and ammunition stored separately.
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A.C. Castle Construction Co. Inc. of Danvers and C.I.L. Inc have been cited for various violations of workplace safety by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). The United States Department of Labor reports the companies exposed employees to fall and electrocution hazards, as well as higher-than-average injury and illness rates. OHSA’s Site-Specific Targeting Program directs inspections to workplaces with higher-than-average injury and illness rates and found these companies to be high-risk zones for a work accident in Boston and nearby areas.

Our Boston personal injury lawyers would like to stress the importance of a safe working environment. Ever since the Occupational Safety and Health Act of 1970, employers are help responsible for providing safe workplaces for all their employees. While these conditions are required by law, proper compensation and care is not always provided by the employer. That is why you’re encouraged to consult an experienced attorney to help ensure your rights are protected in the event of a workplace injury.
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A serious workplace violation occurs when there is substantial probability that serious physical harm or death could result from a hazard. Both of the Massachusetts companies were cited for unsafe work conditions, OSHA handed out fines totaling nearly $100,000.

The A.C. Castle Construction Co. Inc. of Danvers just received 21 repeat and serious violations of workplace safety standards, according to the U.S. Department of Labor. The roofing contractor also is reported to have failed to provide safe work conditions for their on-site employees, allegedly exposing employees to fall and electrocution hazards at a residential work site. Employees were observed working without fall protection on the building’s roof and on a ladder jack scaffold, exposing them to falls of nearly 19 feet, according to a recent OSHA press release. The company was also cited for additional fall hazards for employees using or working on damaged, misused, unsecured or inadequate ladders.

The company plant of C.I.L. Inc. was also cited and fined by OSHA for repeat and serous violations. C.I.L. Inc. provides metal finishing, anodizing and hard coat services. The company was cited for the use of unapproved electrical equipment in an area where flammable paints and solvents are mixed, excess air pressure for a cleaning hose, unlabeled electric circuits and inadequate ventilation in an area where flammable materials are stored, according to the Department of Labor.

“These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines,” said Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties. “Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards.”

Both employers can contest the findings before the independent Occupational Safety and Health Review Commission within 15 business days from the receipt of their citations.
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Our Boston personal injury lawyers encourage residents to shine light on the issue of Traumatic Brain Injury. March is Brain Injury Prevention Month. Brain injuries can include minor head injuries, skull fractures, concussions and penetrating head wounds like that suffered by Arizona Congresswoman Gabrielle Giffords in the failed assassination attempt.

The Center for Disease Control and Prevention (CDC) reports the top causes for traumatic brain injury (TBI) are car accidents, falls, sports-related injuries and violence. Victims of car accidents in Boston and elsewhere are at highest risk of suffering a fatal brain injury, the government reports.
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Each year in the United States, an estimated 1.7 million people suffer a traumatic brain injury. More than 1.3 million will visit the emergency room, nearly 300,000 will be hospitalized and more than 50,000 will die.

While many think of gunshot wounds and serious car accidents as the primary cause of TBI, the reality is that many youths will suffer mild concussions or other sports injuries in Massachusetts this year.

The Brain Injury Association reports TBI is often “the start of a misdiagnosed, misunderstood, and under-funded neurological disease.”

Brain injuries present a lifelong battle of struggle, care, and rehabilitation. It is estimated that the costs of brain injuries tally more than $48.3 billion annually. The lifetime cost for one TBI patient is estimated at more than $4 million, which can quickly exhaust even the best insurance coverage.

Our Massachusetts brain injury lawyers urge families coping with a brain injury to immediately seek the advice of legal professionals. An experienced Massachusetts brain injury attorney will personally come to your home or hospital room. Do not sign any paperwork. Do not accept any payments. Do not provide any statements to insurance companies. Seeking the advice of an experienced and qualified legal professional is critical to receiving the proper care and helping to ensure the long-term financial well-being of you and your family.
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The long-awaited outcome of her personal injury lawsuit has a Boston Marathon spectator feeling vindicated, according to a recent article in Metrowest Daily News.

The 65 year-old woman was struck by a state police officer on his motorcycle during the 2007 Boston Marathon. She brought a civil case against the officer for negligence; filing for compensatory and punitive damages.
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The victim acquired $983 worth of medical bills but was angered when the police refused to pay them or accept responsibility for the accident. Making matters more complicated was the fact the victim felt law enforcement was covering up the accident.

Additionally, as our Boston personal injury attorneys are well aware, falls among the older adult population can lead to long-term medical complications, including knee and hip-replacements. The Boston Globe reports the woman was knocked to the ground on State Route 135 in West Natick.

The attorney representing the police alleges that the woman was in the street when she was struck and was not paying attention to her surroundings. The victim claims she was standing behind the designated white line for spectators.

Following four days of testimony, the jury deliberated 4 hours before rendering a verdict. The Patriot Ledger reports the Superior Court jury found the police officer to be negligent and awarded the woman $15,500 in damages.

The victim also claimed battery against the police officer and violation of civil rights against the lead detective but was not awarded for those charges.

The Boston Marathon attracts hundreds of thousands of people each year. In anticipation of this year’s marathon, Run the Planet offers the following crowd safety tips to spectators:

– Always be aware of the closest exit location as well as all of your surroundings.

– Take notice of the ground surface. For example, loose gravel, muddy, unleveled or wet surfaces can all be dangerous, especially in large crowds where space is limited.

– Discarded objects lying on the ground like clothing, trash, bottles or food items can also be dangerous once the race starts and attention is directed towards the marathoners.

– Benches and scaffoldings are not meant to hold lots of weight so refrain from standing on them to get a better view.

– If you are in the midst of a panicked crowd, try to remain calm and go with the flow. Trying to retreat against a moving crowd is dangerous.

– Communicate with others by use of hand gestures since talking is difficult amid crowd noise.

– If you stumble and fall to the ground, keep crawling in the direction of the crowd. Cover your head and curl up in a fetal position if you can’t move at all.
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Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.
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As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

Slip and fall accidents

-Wet floors
-Dark parking lots
-Broken or uneven sidewalks or walking surfaces
-Loose handrails or fault stairwells
-Merchandise or shelving fixtures falling from height
-Elevator or escalator accidents
-Assault on business property
Negligent security

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The ghosts and goblins could be the least of your worries this Halloween: It is your risk of a Massachusetts car accident, pedestrian accident or accident on someone’s property that could be your biggest concern.

The National Highway Traffic Safety Administration reports that 500 people a year on average are killed in traffic accidents during the week of Halloween, making it among the deadliest weeks on the road. And, while night is always a dangerous time for driving, Halloween night consistently ranks among the nation’s deadliest.
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About half of all fatal accidents involve a drunk driver. Consequently, law enforcement nationwide will be participating in an “Over the Limit. Under Arrest” campaign from Oct. 25-31.

If those were your only risks, that would be bad enough. However, the American Academy of Orthopedic Surgeons reports that Halloween is among the busiest holidays for hospital emergency rooms, with children ages 10 to 14 being the most frequent victims. Boston slip and fall accidents and dog bite injuries in Massachusetts are just a few of the other dangers of Halloween.

The town of Yarmouth offers the following safety tips:

-Wear bright, reflective costumes. Wear shoes that fit and make sure costumes fit properly and do not present a tripping or fire hazard.

-Consider adding reflective tape to your clothing to make yourself more visible.

-Secure emergency identification on children.

-Use safe makeup and make sure masks do not block eyesight.

-Use flame resistant costumes.

-Think twice before using knives or swords and make sure such props are soft and flexible.

-Use flashlights.

-Use lightsticks or other nonflammables in and around costumes.

-Teach children their home phone number and how to call 911.

-Review stop-drop-roll with children should their clothing catch on fire.

-Take the time to eliminate tripping hazards on your walkway and property.
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The USA Today is reporting that the government has devised a simple blood test that could diagnose cases of mild traumatic brain injury, including concussions.

Traumatic brain injuries affect more than a million victims a year and commonly result from slip and fall accidents, sporting accidents and car accidents in Massachusetts. Left undiagnosed, or untreated, life-threatening health complications can develop.
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The test was developed for the army for use with veterans of the War on Terror; the breakthrough could assist with everything from car accident victims to shaken baby syndrome. The National Brain Injury Association reports that about 1.4 million Americans will suffer a brain injury this year.

The Centers for Disease Control and Prevention reports that more than 275,000 people will be hospitalized each year and more than 50,000 will die. The most common causes of TBI are falls (35.2 percent), traffic accidents (17.3 percent), struck by/against object (16.5 percent) and assault (10 percent).

About 70 percent of the nation’s brain injury cases are categorized as mild. Such cases frequently go undiagnosed and those who suffer often report symptoms that last more than a year.

Symptoms of mild TBI, including concussions:

-Fatigue -Headaches -Visual problems -Loss of memory -Poor concentration/attention -Sleep problems -Balance problems -Emotional distress -Depression -Seizures -Nausea -Change in senses/loss of smell -Mood changes -Confusion Continue reading

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