Cape Cod Personal Injury Law Blog

A wrongful death civil lawsuit in Massachusetts is not limited to fatal motor vehicle accidents. Rather, our laws deem a wrongful death to have occurred whenever someone loses their life as a consequence of the negligence of another. If the negligence is deemed to have caused or substantially contributed to the death complained of, liability may attach in a civil legal proceeding. One area of potential personal injury and wrongful death litigation involves the manufacturing and sale of so-called energy drinks.

A significant number of personal injuries and some fatalities suffered by those ingesting these drinks have caused regulators to focus on the ingredients that comprise these popular items. Amid reports that consumers are spending more than $12 billion annually to purchase these items, the FDA has identified the dietary supplement dimethylamylamine as a potential culprit. The federal Food and Drug Administration has stepped up efforts to educate consumers to the potential dangers, as well as to go after drink makers that use the illegal supplement, otherwise known as DMAA. The supplement has not been approved for use as an additive in energy drinks in the absence of proof that it is safe for consumers.

Despite the efforts of law enforcement personnel, drunk driving continues to be a problem on Cape Cod and throughout Massachusetts. A recent car accident in Wellfleet resulted in injuries for one driver and criminal charges for the other. The collision occurred shortly after 9:15 p.m., where Route 6 intersects with Main Street.

Both drivers are reportedly residents of Cape Cod. A 48-year-old man apparently exited Route 6 onto Main Street in an SUV, crashing into a car in the process. The car driver was transported to the hospital. Though the specific nature and extent of his injuries was not described, he was later released from Cape Cod Hospital. There were no reports of others involved in the crash or of any injuries to the SUV driver.

A recent car accident involving two Massachusetts women from Middleboro resulted in the death of one and criminal charges for the other. The accused driver has been charged with homicide by a motor vehicle, along with a number of unspecified additional charges. The fatal accident took the life of an 18-year-old girl that was described by one friend as an angel on earth. It also resulted in injuries to a passenger in the pickup truck of the woman now facing criminal charges.

The fatal accident occurred in the early morning hours of the last Saturday in March. Details of the crash were few, though authorities asserted the accused woman was both drunk and under the influence of heroin. Her blood alcohol content was reportedly .14 percent, well over the Massachusetts limit of .08 percent. Both vehicles apparently overturned.

There is a move under foot in several states, including in Massachusetts, to extend labor protections to all domestic workers. Under current laws, some of these workers are typically denied such rights as overtime pay and breaks to eat. Many are also denied the right to workers' compensation insurance benefits. Currently, under Chapter 152 of the Massachusetts General Laws, a domestic worker employed for less than 16 hours weekly is only covered by workers' compensation if the employer voluntarily chooses to include them. The same is true of seasonal or casual workers.

On the west coast, a state assemblyman intends to reintroduce a bill addressing these issues. It was ultimately defeated last year. At that time, their state governor exercised a veto amid concerns that passage of the law would adversely impact the elderly and infirm, particularly those who require 24-hour care.