Boston Personal Injury Attorney Blog

January 2, 2013

More Bike Safety Efforts Encouraged After Fatal Massachusetts Bike Accident

In early December, a Boston University student was killed when riding his bicycle. On the same day of the tragic death, a hearing had already been scheduled at City Hall to discuss efforts to make Boston safer for cyclers. The death of the young student has prompted the mayor to urge new bike safety efforts.

Our Foxboro personal injury attorneys are strong supporters of better bike safety measures. Bike accidents are very dangerous to riders since a bike provides no protection from the impact of a vehicle. Any steps that can be taken to improve safety and to make bike accidents less likely could potentially help to save lives.

Boston Bike Safety Programs
The hope is that the recent tragic bike death, along with encouragement from the mayor, will help to increase the focus on bike safety. According to Boston.com, however, there are currently a number of bike safety initiatives in Boston, although there is more work to be done. The Boston Bikes Program, for example, has been instrumental in helping to increase the presence of bicycle infrastructure in neighborhoods throughout Boston.

Some of the other safety measures that have been put in place to improve bike safety include:

Education on bicycle safety. Education targets both bicycle riders and drivers. For example, information on bike safety is included in all mailings that go out with parking violations. A Youth Cycling program also provides instruction to more than 4,000 young bicycle riders each year.
Engineering efforts to improve the bicycle network throughout Boston. The majority of streets in the city have been evaluated and recommendations will be made for how to create a better and stronger bicycle network. The improved network will include more bicycle lanes and also new solutions such as priority-shared lanes.
Enforcement efforts to prevent drivers from parking in bike lanes. According to Boston.com, more than 1,500 tickets were written by Transportation Department Officers to drivers illegally parked in bike lanes. Bike riders who don’t obey the rules, such as riders who drive through red lights, can also be ticketed.
Efforts to provide bicycles for all citizens and to increase ridership. A Roll it Forward Initiative, for example, has repaired more than 1,600 bikes and provided them to residents along with a bike helmet, a lock and bike education. This program, along with efforts to build a strong cycling community, is helping to increase the number of riders, which in turn increases public and legislative focus on bike safety.

Although tragic accidents like the death of the Boston student still occur, the hope is that with greater education and enforcement, as well as with more bike lanes and bike facilities, bike ridership will continue to grow and riders will become safer than ever before.
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December 31, 2012

Bar Owners Face $6.7 Million Damage Settlement After Injury on Staircase

by Jeffrey S. Glassman

In April of 2007, a Northeastern Student went to a bar near the Massachusetts campus. According to Boston.com, tragically, the 21-year-old young student fell down the basement staircase at the bar, suffering a severe head injury that led to his death two days later. The family of the young man filed a wrongful death lawsuit against the bar and the owners were found not liable. A judge, however, ordered the owners of the bar to pay $6.7 million in damages to the family of the deceased student. The judge issued the order based on the bar’s violation of state consumer protection laws.

While the case is still being appealed, our Boston personal injury attorneys want to remind property owners that it is always better to be safe than sorry. We urge compliance with all consumer protection laws and we recommend that both property owners AND patrons take responsibility for avoiding a potentially deadly fall.

The Staircase Accident and the Bar’s Responsibility
In the case of the 21-year-old Northeastern student, the bar owners indicated that the injured student had not had permission to be on the stairs, which were in a private part of the building used by employees and not open to patrons. However, others testified that the owners of the bar and the managers were well aware that customers seeking a quiet place to talk on their cell phones routinely went into the area close to the stairs.

The stairs, however, present a very obvious danger. The stairs were built in the 1980s and they went from the kitchen to a downstairs basement where kegs of beer and other bar or restaurant supplies are kept. There were colored vinyl strips at the top of the stairs but there was no door because employees needed to be able to carry supplies up from below. Employees who used the stairs regularly repeatedly told managers that the steps were dangerous. The stairs had not been rebuilt or changed by the restaurant owners, who allegedly ignored the warnings.

The judge who awarded the damages indicated that it was plainly obvious that the steps were very dangerous and an accident waiting to happen. The judge also indicated that the staircase clearly wasn’t compliant with the building codes, and that the vinyl on the top of the steps obscured the young student’s view. Further, the stairs were lacking a required top landing and a required second railing.

Because the stairs were so dangerous, the bar owners were required to pay damages despite the fact that the young student who was killed had a blood alcohol content (BAC) more than twice the legal limit. The judge acknowledged that the student was under the influence but put forth the position that the student was a heavy drinker with a high tolerance who wasn’t experiencing typical signs of intoxication.

Although the case is being appealed, it serves as an important reminder that property owners or occupiers have an obligation to their patrons to follow all building codes and consumer protection laws. If they fail, they may face a lawsuit and significant legal liability. This may be true even if the consumer protection violation is in an ostensibly private area of the bar, if the restaurant managers are aware that patrons are using that space.
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December 30, 2012

Massachusetts Group Homes Falling Short in Patient Care

by Jeffrey S. Glassman

A great deal of attention is typically paid to nursing home abuse cases in light of the fact that around a million elderly adults suffer some type of abuse each year. Unfortunately, the elderly are not the only vulnerable group that may face sub-par care in residential treatment facilities. The elderly are also not the only group who may experience abuse from their caregivers and who may be harmed as a result.

Our Boston nursing home abuse attorneys want to alert you that group homes in Massachusetts have also been found to fall short when it comes to patient care. This puts the disabled and the mentally ill at risk since they depend upon group home care providers to offer the care that is promised.

Massachusetts Group Homes Failing Patients, Negligently Falling Short In Care

According to 90.9 WBUR Boston, the Massachusetts Department of Mental Health (DMH) has hired many private vendors to supervise group homes and care facilities for the mentally ill. Under the system established in Boston, more than 29,000 people are treated under a component of the state mental health system referred to as Community Based Flexible Supports (CBFS). Unfortunately, numerous high-profile incidents in recent years have suggested that the proper care is not being provided and that both patients and group home staff are at risk.

In one tragic incident, for example, a group home worker was killed by a resident with a long history of violence. In another tragic incident reported by WBUR, a 24-year-old mentally ill woman hung herself from a pipe in a closet. These incidents, and others like them, may have occurred because group homes are underfunded and understaffed.

A joint investigation by the New England Center for Investigative Reporting and WBUR also indicated that even six months after the suicide occurred, problems still persist that make group homes dangerous. DHM records also have bad news, as they show an increase in the number of safety violations and violent incidents between January 2009 before CBFS and February 2011.

Legal Responsibility for Injuries in Group Homes

When a patient who cannot care for himself or herself is accepted into a group home, the group home becomes responsible for providing reasonable supervision and care. If the group home fails to do so, then the home may be considered negligent and can be held legally accountable for loss. In the event that the group home’s failure to provide adequate care led to a death, then surviving family members may be able to bring a wrongful death claim.

Legal claims against group homes for failure to provide sufficient care can be complicated, however, as it can be challenging to prove that the death or injury to the resident occurred as a direct result of some negligent breach of duty. In some cases, determining who the appropriate defendant is may also be complicated.

Still, like abusive nursing homes that mistreat their patients, a group home that fails to live up to its obligations should be held accountable for the actions they have taken that led to harm.
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December 28, 2012

Millions Slip in Restaurants Each Year. How You Can Stay Safe from a Boston Slip and Fall

by Jeffrey S. Glassman

According to the Worldwide Cleaning Industry Association, more than one million patrons of restaurants slip and fall each year. In addition, another three million food service employees are involved in a restaurant slip and fall. With so many falls and resulting injuries, the food service industry spends more than $2 billion on these injuries annually. The number of injuries and the money lost may also be growing, as the Worldwide Cleaning Industry Association reports that the rate of injuries in restaurants is increasing by about 10 percent annually.

Our Boston personal injury attorneys urge every restaurant owner and patron to be aware of the large number of slip and fall accidents in restaurants. We also wish to remind patrons and restaurant owners that the owner or renter/occupier has a duty to make sure the premises is reasonably safe for visitors who enter the restaurant.

How Restaurants Can Help Guests Stay Safe from Slip and Fall Accidents
Restaurants have a duty to their patrons to provide them with a reasonably safe environment. Because those who visit a restaurant are paying guests invited to the restaurant to do business, the owner or operator of the restaurant must regularly inspect the premises for any potential dangers that could impact the patrons. If there is a potential hazard or danger in the restaurant, then the owner or operator either needs to fix it (or have it fixed) so it is no longer dangerous or needs to warn patrons about the hazard when repair isn’t an option.

If a restaurant owner/operator fails to do as required and a patron is hurt as a result, the restaurant can be sued by the injured victim or by the victim’s surviving family members. As such, restaurant owners/operators should take affirmative steps to keep their guests safe and to avoid a potential lawsuit. These restaurants should:

Wipe up any spills immediately.
Warn patrons of wet floors and/or only mop/wash floors when the restaurant is closed
Ensure the restaurant is adequately lit to avoid a tripping hazard
Keep walkways and aisles free of debris or dirt that could create a tripping hazard
Maintain their parking lot to avoid fall risks

Inspecting the restaurant regularly for any potentially hazardous conditions is also important to avoiding injury and legal liability.

How Patrons Can Stay Safe from Slip and Fall Injuries
While the restaurant owner or operator is responsible for maintaining a safe premises, individuals visiting restaurants should also be aware of the potential risk and should do everything possible to stay safe. This includes watching for wet and slippery floors (especially when there are icy conditions outside and ice could be dragged inside). This also includes avoiding over-crowded and narrow restaurant aisles and being on the lookout for potential hazards and debris that could create a tripping risk.

Visitors to restaurants should avoid open and obvious hazards or dangers, but it is the job of the restaurant to take responsibility for making sure that no hidden or unexpected fall risks exist.
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December 27, 2012

More Evidence of Brain Damage Due to Head Injuries in Sporting Accidents

by Jeffrey S. Glassman

Recently, our sport’s injury attorneys published an article: “Boston youth sport rules aimed to prevent sporting injuries in kids.”

These rules are being put into place because of the known dangers of sports injuries, especially concussions.

Unfortunately, as more and more evidence comes to light about how dangerous sports injuries are, it has become more apparent than ever before that both kids and adults are at serious risk if they suffer repeated head injuries.

More Evidence Links Head Injuries to Brain Damage
It is well established that head injuries can cause a number of serious health issues and can have long-lasting consequences. A recent study conducted by Boston University, however, has added to the growing concern about head injury risks.

According to a December Boston Globe article, the Boston University Study was conducted by obtaining information about the brains of 85 brain donors, most of whom were professional athletes. The athletes included in the study included boxers, football players, wrestlers and hockey players, all of whom were involved in contact sports and who had experienced repeated blows to the brain.

According to the researchers, 68 of the 85 individuals who were examined all had suffered repeated head trauma and all showed evidence of chronic traumatic encephalopathy. Encephalopathy occurs when brain tissue becomes clogged by a protein called tau that causes the destruction of brain cells. It can occur as a result of repeated blows to the head or concussions and symptoms are similar to Alzheimer’s.

A Boston University neurosurgeon and study co-author indicated that he believed the size of the study should retire doubts about whether repeated brain trauma can cause permanent damage. Other neurologists, however, indicated that while the existence of the condition Encephalopathy has been established, it has not yet been definitely demonstrated that the problem is caused by multiple concussions.

Those who conducted the study also acknowledged that the study was not intended to establish how frequent brain injury was in athletes. Still, the control group of 18 subjects who had experienced no concussions or brain injuries had no sign of the damage present in the brains of the athletes studied.

Proving the Link Between Head Injuries and Brain Damage
While further studies need to be performed to get conclusive answers, the new findings by the Boston University study are one step closer to establishing a conclusive link between head injuries and brain damage. Establishing this link is important for athletes who want to take legal action based on head injuries sustained in sports. Many NFL players, for example, are suing the football league because of the unexpected risk of permanent brain damage due to repeated blows to the head. The Boston University study and other similar research could help with the NFL players’ case.

Any athletes, from student athletes to professional players, should be warned about the potential risk of permanent brain injury or damage. If there was a coach, school or third party that contributed to the risk of brain injury or that failed to disclose the head injury dangers, then the injured victim or his surviving family members could potentially take legal action.
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December 26, 2012

Families Face Challenges Getting Information In Medical Malpractice Cases

by Jeffrey S. Glassman

According to the New York Times, there are an estimated 200,000 deaths each year as a result of preventable medial mistakes. In many cases, medical errors can also cause a patient’s condition to grow worse or can injure or kill a patient. Because there are so many errors, patients or family members of surviving victims are forced to sue a doctor or hospital for damages.

The large number of medical malpractice lawsuits has had many different consequences, but one unfortunate side effect of these lawsuits is that hospitals and care providers are often very reluctant to provide information to patients or even to listen to feedback from patients after an injury or death occurs.

Our medical malpractice attorneys are concerned that the disturbing reluctance of care providers to communicate with patients or families after a mistake is made is causing the quality of medical care to decline. Further, families who want answers may be frustrated by the lack of cooperation from hospitals.

Hospitals & Doctors Reluctant to Talk to Patients in Potential Malpractice Cases
In December of 2012, Boston.com reported on one incident that showed just how reluctant hospitals are to take responsibility for potential mistakes or even to listen to feedback and suggestions. According to the article, a Boston emergency room physician from Brigham and Women’s Hospital expressed his frustration with a Wisconsin hospital that had treated his mother for a systemic infection. The Boston doctor watched as the hospital staff failed to start a standard drug treatment on his mother. Tragically, his mother died as a result of the infection.

The Boston doctor did not wish to sue the hospital, but instead wished to speak with the physician leader or administrator to provide feedback and to hear from the hospital on what went wrong and how they would prevent another avoidable death from occurring. Unfortunately, the Boston physician was unable to have an open conversation with the hospital. Instead, after months of trying to get into contact with officials, a hospital administrator gave a “sanitized” verbal admission of error. This inadequate response was likely given as a result of fear of a malpractice lawsuit.

Families Struggle After Medical Malpractice Deaths
When even a doctor is not able to get another hospital to answer simple questions, even though he is not threatening to sue, this underscores the difficulty that the average person or family might have in trying to get answers after a medical mistake.

If one of your family members or loved ones has been hurt, or if you have been injured as a result of medical malpractice or hospital malpractice, you have the right to understand what happened. You also have the right to make the hospital pay for damages. As the tragic story of the Boston doctor’s mother shows, you will likely have difficulty getting the answers you need and enforcing your rights without putting some type of legal pressure on the hospital to stand up and take responsibility.
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December 23, 2012

During Your Holiday Visits, Be Alert For Signs of Nursing Home Neglect

by Jeffrey S. Glassman

For many people, there comes a time when they can no longer live on their own and depend upon nursing homes to provide them with comfort and care. Unfortunately, some nursing homes fail to live up to their obligation to patients. This is a terrible tragedy and our nursing home neglect attorneys urge every family member to be watchful for any signs of abuse or neglect during holiday visits to loved ones in nursing homes.

Nursing home neglect is just as dangerous, in many cases, as abusive behavior. When a nursing home has assumed the responsibility of providing care to a vulnerable senior and the nursing home fails to do so, then the senior could suffer a number of very serious health consequences.

When a senior is suffering from neglect, the senior may be even more reluctant or unable to speak out than in cases of outright abuse, since complaining about inadequate care could be seen as just making trouble. As such, it is especially important for visiting family members to be on the lookout for signs of neglect. If this neglect is occurring over the holidays at a time when relatives and friends tend to visit more than at other times during the year, it is an indication that something is very wrong indeed in the nursing home.

Watching for Signs of Nursing Home Neglect
Unlike with physical abuse, neglect doesn’t leave bruises, bumps or marks. None-the-less, the physical toll on an elderly and vulnerable senior can be just as damaging. As such, some potential signs of neglect that you should be aware of include:

Pressure uclers or bedsores. When a senior is not turned and moved often enough and he or she is bedridden or sits or lays for long periods of time, these painful and unpleasant sores can arise.
Malnutrition or dehydration. This might occur as a result of the senior not being brought proper meals or water or not being helped to eat if there is a problem that makes mobility difficult for the senior.
An untidy appearance or filth in the senior’s living conditions. If the loved one you are visiting looks dirty or has a dirty room, then this can be a sign that the nursing home is failing in the basic tasks of keeping the living space clean and tending to personal hygiene needs.

Unexplained changes in behavior, depression or anxiety can also be signs that neglect is occurring.

If You Suspect Neglect…
If you suspect neglect, then you should follow up and try to find out what is going on. Talk to the senior to see if you can get any information about care. You should also notify the proper authorities. The Massachusetts Elder Abuse Hot Line takes reports of elder abuse and can be reached seven days per week, 24 hours a day at 1-800-922-2275. You may also report elder abuse at Designated Protective Services agencies throughout the state. A full listing of this agencies can be found on the website of the Executive Office of Elder Affairs.

An attorney can also offer assistance in taking action in cases of nursing home neglect.
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December 19, 2012

Holiday Fire Protection in Massachusetts is Everyone’s Responsibility

by Jeffrey S. Glassman

Decorating homes and businesses is a long-standing tradition around the holiday season.

Unfortunately, these same decorations may increase your chances of fire. As a matter of fact, the National Fire Protection Association (NFPA) estimates that there are more than 200 structure fires that are caused by Christmas trees every year. Each year, these fires kill about 25 people, injure dozens and cost close to $14 million in property damage. Many of these accidents and fires could have been prevented if residents were more aware of the dangers that accompany this joyous holiday.

It’s also important to remember that you may have taken all of the proper safety precautions to keep your home fire-free this holiday season, but there are still risks from neighbors, apartment complexes and businesses. All of these places have an obligation to fire safety. This may mean that condos, businesses and homeowner associations may set rules and regulations regarding decorations to help ensure tenant and visitors are not at undo fire risk.

Our Watertown personal injury attorneys understand that fires are still possible even with strict rules, regulations and precautionary measures in place. Sometimes fires can start because of shorts in electrical lights. Still, we’re asking everyone to check out their holiday decorations, place them strategically and talk with friends and family members about these threats.

Officials with Watertown, Massachusetts are here to offer you some safety tips for your Christmas tree and other holiday decorations.

Holiday Fire Safety Tips:

-Avoid putting up your tree too early.

-Don’t leave your tree up for more than 2 weeks.

-Keep trees away from heat sources, including heat vents or fireplaces.

-Keep the tree live and hydrated with water at all times.

-Only use nonflammable decorations.

-Never leave your holiday lights on or unattended. Consider setting timers for your outdoor lights if you’re not going to unplug them before you go to bed.

-Do not link more than three strands of lights together unless the directions state that it’s okay.

– If you’re using an artificial tree or a metallic tree, make sure it is flame retardant.

-Avoid using candles. If you want the same effect, go at it safely and use flameless candles operated by batteries.

-Make sure that none of your decorations block any exits.

-When your tree dries out, get rid of it immediately. The best way to do this is to take it to a recycling center or have it picked up by a community pick-up service.

-Check out your holiday lights before using each year. Look for cracked sockets, gaps in insulation, bare spots, frayed wires or excessive kinking.

-Never put lit candles on a tree.

-When using candles, do not place them near any other surfaces, especially fabrics, furniture or any loose ends.

-Never put wrapping paper in a fireplace.
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December 17, 2012

New App Proves Successful and Convenient for MBTA Riders

by Jeffrey S. Glassman

As we recently reported on our Boston Personal Injury Attorney Blog, officials with the Massachusetts Bay Transportation Authority released apps for smartphone users that allowed them to download tickets instead of getting the paper ones.

Well, the Metro Boston is reporting that it’s been a big success. The app was launched about three weeks ago and has already won over tons of riders. It was first used at the North Station and then at the Framingham/Worcester and Providence/Stoughton Commuter Lines.

Our Boston personal injury attorneys understand that the app had made sales totaling close to $250,000 as of Tuesday. Most of these sales were made from 10-ride passes — allowing users to buy multiple tickets at once. You can buy single passes, too. Either way, with the app there is no more waiting in lines and no more misplacing your ticket. All you have to do is keep your cell phone on you.

Right now, customers who purchase a month-long pass using the new app can get a $10 discount. That’s not an offer that’s going to last forever though.

“We’re not planning for it to be permanent. We’re trying it out during the pilot phase as a way to incentivize customers after we launched the app for monthly passes,” said Joshua Robin with the MBTA.

Officials with the T are still out there mingling with riders during rush hour to try to get them interested in the convenience of the new app. They’ve been walking around stations each night trying to spread the word, trying to get you to join. And it doesn’t seem like such a bad idea.

As we recently reported, this is the first app of its kind in the country. All a rider has to do is download the app, available for both iPhones and Androids, and show their ticket (of flash pass) to the scanner. The app is also helping users to stay away from any kind of surcharges that come along with paper tickets.

If you wind up losing your phone, don’t worry! You are able to just transfer the tickets at any of the MBTA’s customer service locations.

Blackberry users will get their turn too, as it’s currently in developmental stages.

By the end of the 70s, the MBTA had become a lifeline for the city. It transported close to 500,000 passengers each day. Residents and visitors were looking for a quick and convenient way to get around the town and the MBTA had the answer.

Today, in terms of ridership, the MBTA continues to be the 5th largest mass transit system. It serves a population of close to 5,000,000 in close to 200 cities and towns. It covers close to 3,500 square miles, too. According to last look, the average weekday ridership for the entire system was close to 1.5 million passenger trips.
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December 14, 2012

Elderly Woman Hit in South Boston Parking Lot

by Jeffrey S. Glassman

A pedestrian accident in South Boston left an 81-year-old woman in the hospital.

According to ABC13, it all happened when the woman was stepping out of a local store. An 80-year-old driver hit the gas instead of the brake and slammed right into the elderly woman. Criminal charges are pending.

During this time of the year, our parking lots are packed. Residents and visitors are enjoying their holidays and getting those seasonal errands done. They’re out grabbing the goodies for family dinners, they’re out getting those last minute holiday deals and they’re enjoying their much-needed vacation time. Unfortunately, we see a significant number of parking lot accidents during this time of the year.

Our Boston personal injury attorneys are asking you to be safe, whether you’re traveling on foot or you’re traveling behind the wheel. According to the National Safety Commission, you’ve got to be extra cautious when you’re in parking lots. You have to protect yourself from predators and you have to keep an eye out for pedestrians walking in the area.

Pulling in and backing out of parking spaces can be tricky. Our vehicles have significant blind spots in which a pedestrian can be overlooked. For this reason, it’s important for you to physically look around your car before putting it into reverse. You can’t rely on your mirrors in these cases.

On the other hand, pedestrians are warned to be cautious of the vehicles around them. As we stated before, drivers can easily overlook you. Never travel too closely to vehicles and keep an eye out for those reverse lights.

You face some pretty significant dangers getting to and from your vehicle in a parking lot, too. To help to keep you safe, here are some safety precautions that should be taken:

-Make sure that your keys are always in your hand and ready.

-Always know where you parked the car before entering the parking lot. You don’t want to be roaming around clueless.

-Scan the area for anyone who may appear suspicious.

-If there’s a large vehicle parked next to the driver’s side of your vehicle, do not hesitate to get in through the passenger side. Predators tend to linger in these large vehicles.

-Look around your vehicle before you get in. You want to make sure that no one is lurking around with bad intentions.

-Once you’re in the vehicle, lock the doors and focus on getting out of there safety. Avoid sitting in the vehicle and doing other things before getting a move on.

Parking lots can be dangerous. Take all of the necessary safety precautions to not only help to keep yourself safe, but to help to keep others safe as well. If you spot any suspicious activities, you’re urged to contact local authorities — but do so in a safe place!
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