Boston Personal Injury Attorney Blog

August 20, 2017

Boston Slip and Fall Accidents in Winter Months

As summer comes to a close and the weather turns colder, Boston tends to get a lot of ice and snow on the sidewalks and in front of businesses. This means we can expect to see a lot of slip and fall accidents. In the Commonwealth of Massachusetts, the law operates somewhat differently than many other states and there have been some fairly recent case decisions from the Supreme Judicial Court that affect liability. The Supreme Judicial Court (SJC), is our state supreme court.

One major case in the Commonwealth is Papadopoulos v. Target Corporation 457 Mass. 368. In Papadopoulos, a case involving negligence for slip and fall accidents involving snow and ice removal, the court addressed whether there must be a natural or unnatural accumulation of snow and ice. Prior to this case, there was such a distinction, but the court abolished this distinction with respect to slip and fall premises liability in snow and ice cases. Continue reading

August 14, 2017

Boston Daycare Injuries – Standards of Proof

by Jeffrey S. Glassman

If a child suffers abuse or neglect at a daycare facility, there is a high likelihood police will be called. This could be because the parents called the police, but the manager at a daycare center is also a mandated reporter and must contact the police. The Massachusetts Department of Children and Families (DCF) typically gets involved, and it may result in charges being filed against the daycare staff member or manager/owner responsible for the alleged child abuse and neglect.

However, charges may not be filed right away. The police and DCF may first wish to conduct and investigation. This can include interviewing witnesses, reviewing camera footage at the daycare, examining medical records pertaining to the child, as well as speaking with parents and the child if the child is old enough to communicate. Continue reading

August 6, 2017

Head Injuries in Boston Youth Sports – The Tort Claims Act

by Jeffrey S. Glassman

There was a time when it seemed like nothing would stop the increase in football’s popularity in America. However, recent years have involved a better understanding of the serious risk of head injury the sport poses. From the professional leagues down to Pop Warner, there have been studies and anecdotes highlighting the potential dangers. We have a better understanding of concussion and traumatic brain injury occurrences in the sport, leading many parents to disavow the sport, refusing to let their child play.

It is true there is a certain level of assumed risk that comes with playing football. Some may even argue injuries are part of the game. But when serious injuries occur in a football game – or more likely, in practice – the question is who may be held liable?

There are many incidents that can be attributed to the negligence of a coach or staff, setting the stage for a personal injury lawsuit. These incidents can range from heat stroke (allowing players to practice too long outdoors without adequate water, shade or rest) to traumatic brain injuries. Such occurrences can have a damaging and lasting effect on youth and their families. Where coaches, schools, staff or others had a duty of care to try to prevent such injuries, they may be held to account. Continue reading

August 1, 2017

Medical Malpractice Cases and Medical Battery

by Jeffrey S. Glassman

When we are dealing with a medical malpractice cases, we are typically dealing with action founded under a theory of negligence. In a standard negligence case, the elements of the tort are duty, breach, causation, and damages. The duty is a duty of due care to act as a reasonable and prudent person so as to prevent a foreseeable injury to foreseeable persons and property.

In the case of medical malpractice, we use the same standard, but instead of the reasonable and prudent person, we use a reasonable and prudent medical professional performing that same procedure. For example, in the case of heart surgeon preforming an operation, a surgeon is supposed to act as reasonable and prudent heart surgeon would act in performing the same procedure. Continue reading

July 18, 2017

Swimming Pool Accidents in Boston

by Jeffrey S. Glassman

In Taylor v. Trimble, a case from the California Court of Appeal, plaintiff’s five-year-old son drowned in a horrific swimming pool accident. After the death of his son, he filed a complaint arguing general negligence against the defendant for failing to adequately supervise the child.

According to court records, on the date of the incident, the homeowner defendants had a social gathering that the decedent child attended with his mother. Neither the child nor the mother knew how to swim. After the child first arrived and went into the shallow end of the pool, which they named the kiddie wading area, defendant watched the child play. She watched him until the child’s grandfather arrived. He was a captain for the Los Angeles Fire Department and said he would take over the duty of watching child while he was in the pool. Continue reading

July 8, 2017

Mechanics of a Boston Personal Injury Claim

by Jeffrey S. Glassman

We have all heard of personal injury claims and seen commercials for personal injury law firms. But other than just hearing the term personal injury, and knowing that you are trying to get compensated by the person who caused your injury, not all that much else is often understood by the average personal injury victim.

The Initial Consult in Boston Personal Injury Cases

During the initial consultation, the attorney will hear your story about what happened to you and how you were injured. He or she will likely ask about what medical treatment you are receiving and find out as much information as possible. This is a private and confidential meeting and there should be no cost to you. If any personal injury lawyer wants to charge you for an initial consultation, this might be cause for concern. Continue reading

July 1, 2017

Premises Liability Lawsuits in Massachusetts

by Jeffrey S. Glassman

When we talk about personal injury cases, we are typically talking about someone being injured through the negligence of others. Negligence is one type of tort (a civil wrong for which the law provides a remedy), which is the most common claim in a Boston personal injury case.

If you are injured on someone else’s property, and the cause of your injury was largely the result the negligence of the property owner or manager, then you will likely have grounds to file a premises liability lawsuit. Continue reading

June 19, 2017

Boston Medical Malpractice Claims Against OB/GYNs Must Be Filed Within Statute of Limitations

by Jeffrey S. Glassman

One of the more complex types of Boston personal injury litigation is medical malpractice. It occurs any time we go to the doctor as a serious illness could be misdiagnosed leading to serious personal injury or even death. However, many medical malpractice cases result from incidents that occur in a hospital setting.

What people may not realize is that when we seek treatment at a hospital, we are in fact trusting our care to many different people – some of whom we may never see – and that there is ample opportunity for circumstances to go horribly wrong. Health care providers frequently found liable for medical malpractice are those who assist women in childbirth. In fact, one Medscape survey in 2015 noted that 85 percent of OB/GYN physicians will be sued for medical malpractice at some point in their careers.

That same survey indicated the most common reasons OB/GYNs are sued are because of:

Patient suffering abnormal injury;
Failure to diagnose;
Failure to treat;
Poor documentation of patient instruction/ education;
Improperly obtaining/ lack of informed consent;
Failure to follow safety procedures;
Medication errors.

These mistakes can occur during pregnancy, or at some point during labor or in the course of delivery. The impact of a medical mistake on the mother and child can be devastating and lifelong. However, the amount of time you have to file a claim is not infinite. The statute of limitations limits the amount of time you have to assert a claim.

June 5, 2017

Three Injured Following Ferris Wheel Accident

by Jeffrey S. Glassman

One popular activity in the summer months is going to local fairs and carnivals. While there are regular amusement parks in Massachusetts that have permanent attractions, there are also various fairs where the attractions are brought in on specially designed trucks that basically each deploy into a carnival ride.

While these can be a lot of fun, we tend to see more accidents at these types of fairs and carnivals than regular amusement parks. There a variety of reasons for this, including that the equipment is mobile. This means it is often less expensive and less well constructed and maintained than rides at a traditional amusement park. There are also a lot more issues with regulating the rides, as they may be from another state and not where the fair is being held. Continue reading

June 1, 2017

Water Park Liability Considered After Child Injury on Water Slide

by Jeffrey S. Glassman

It’s summertime, and water slides are a popular activity for adults and children alike. They offer a thrill, but they aren’t always safe. When a child injury occurs on a water slide, our attorneys will examine whether a dangerous condition existed on site about which the park or employees should have known (premises liability) or whether there was some defect in the slide or its components about which the manufacturer or distributor should have been aware (product liability).

A recent child injury in California involved a new water slide at a water park in California. The ride is called “The Wave” and features a half pipe on an 80-degree decline with a three-story drop. Once the water slide reaches the base, the tube sits on a concrete slab.

When the 10-year-old rider, who met the minimum height requirement for the ride, reached the bottom of the ride, instead of sliding along to the tube to the pool at the end, he was launched out of the tube and slammed into the concrete base pad. Continue reading