The tragedy occurred last December. A man from Randolph, said to be 40 years old, was operating a dirt bike when he collided head on with a dirt bike operated by a 14-year-old local boy. The teenager, a student at Plymouth North High School, lost his life in the crash. Moreover, the older man apparently left the boy to fend for himself.
]]> Environmental police subsequently charged the man with leaving the scene of an accident. Any conviction on the Massachusetts misdemeanor charge carries with it a financial penalty not to exceed $1,000. Moreover, the man's dirt bike could be seized, and he could also face the loss of his license for a year. Formally accused of fleeing the scene of an accident involving recreational vehicles that resulted in personal injury, the case will now proceed through the state's criminal court system.Apart from any criminal proceedings, the teen's family has other legal options as a result of the fatal accident. Should they choose to do so, the surviving family members could institute a wrongful death lawsuit against the accused man. To prevail, it will be necessary to prove the man negligently caused or contributed to the boy's death. While nothing can atone for the loss of a life, any monetary damages a successfully navigated claim may bring could at least help the family with the financial aspects of the seemingly senseless tragedy.
Source: patriotledger.com, "Randolph man charged in fatal dirt bike crash in Plymouth," April 30, 2013
]]>The accident occurred close to midnight in mid-April. Preliminary evidence, including witness statements, suggests the car with four occupants tried to cross Route 20 to enter the parking lot of a McDonald's Restaurant. As the driver crossed the highway, she moved directly into the path of an eastbound SUV operated by the male teen.
]]> When Worcester police got to the scene of the crash, the two rear seat passengers from the first car, an 18 and 20-year-old, were lying on the road. One did not respond to emergency personnel and was later listed in critical condition at a Massachusetts hospital. The other was responsive but seriously injured. No one else was seriously hurt, and Worcester police placed the car driver under arrest for DUI, failure to yield to the SUV and a related offense. Authorities indicated that they are continuing to investigate.The first concern, of course, is for the survival and recovery of the two teenage girls. Their families and friends are likely devastated by the tragic and senseless car accident. The path to getting well will undoubtedly be long and expensive. As the family prays and also deals with the financial fallout from the tragedy, they have the right to pursue a personal injury lawsuit against the accused woman and any separate owner of the car she was driving. A claim that is successfully navigated through the Massachusetts court system may help keep a personal tragedy from turning into an economic one as well.
Source: The Shrewsbury Lantern, "Teen critically injured -- Shrewsbury driver arrested and charged with DUI," April 16, 2013
]]>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.
]]> At least one Massachusetts internist, an assistant professor at Harvard Medical School, likened DMAA to an amphetamine. He noted that his patients get addicted and suffer from headaches when they stop using the drinks. Part of the confusion is attributable to the lengthy process the FDA must navigate in order to have the drug removed from the marketplace.In the meantime, consumers are at risk. Chief among the potential victims are teenagers, and emergency room visits over side-effects from the drinks have reportedly doubled in four years. As many as 20,000 victims went to emergency rooms for treatment in 2011 alone, and some of those patients died. As the FDA continues to fight for the outright ban of DMAA in drinks already laced with caffeine, those that are victimized -- including the surviving families of those that are killed -- continue to have rights under our personal injury and wrongful death laws.
Source: The Boston Globe, "Energy drinks: FDA warns against DMAA," Deborah Kotz, April 15, 2013
]]>The incident took place at a construction project. Workers were in the process of unloading a 40 foot section of piping that apparently weighed some 1,700 pounds. Though it is not exactly clear why, the pipe fell a distance of about 8 feet from an excavator. It landed on top of the man, who lived in Dorchester.
]]> The workplace injury occurred in upstate New York. Feeney Brothers Corp., the subcontractor, was working on the project in Ballston Spa at the time the incident occurred. Even though other workers got the pipe off the man, he passed away at a hospital that same morning. As is typical in fatal workplace accidents, the Occupational Safety and Health Administration was investigating, along with others.One focus of the official investigations will likely be on whether appropriate safety measures were observed. Further inquiry will surely be made to determine what can be done to prevent a similar fatal workplace injury in the future. The goal is for all worksites to be safe, whether in Massachusetts or anyplace else. Though it may be little consolation to family members that are dealing with the anguish that this type of tragedy typically engenders, the surviving family of the deceased victim is likely entitled to workers' compensation death benefits to assist with the financial aspects of the young man's passing.
Source: cbs6albany.com, "Subcontractor killed in construction accident," April 13, 2013
]]>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.
]]> Nevertheless, the SUV driver was arrested and charged by local authorities with OUI and a related criminal offense. He was released from custody after posting bail. His formal arraignment was scheduled to take place in Orleans District Court on the Monday following the Saturday night collision. The results of any breath tests or field sobriety testing were not reported.As the accused man must now answer the charges in a Massachusetts criminal courtroom, the accident victim is left to recover from the ordeal. Fortunately, it does not appear that the injuries suffered were life threatening in this instance, something that is not always the case in these types of tragedies. The injured man still retains the right to pursue a personal injury claim against the allegedly drunk driver as a result of the car accident. If the criminal proceedings yield a conviction, proof of that may be used to establish liability in a related civil lawsuit.
Source: CapeCodOnline.com, "Drunken-driving charge follows 2-car crash," Bryan Williams, April 1, 2013
]]>The report of the attack is terrifying. A 12-year-old friend of the victim called 9-1-1 while the two Rottweilers, both guard dogs, were mauling the victim. The two boys had been visiting the dogs for months and petting them through the fence without incident. On the day of the attack, the older boy climbed over the fence, and the animals set upon him after he fiddled with his cell phone.
]]> The police officer who saved the boy acted courageously, and the boy's mother credits the officer with saving her son's life. Ironically, he was previously the target of an investigation concerning his work ethic, and it appears that whatever issue existed has now fallen firmly by the wayside. While these guard dogs were contained on their property when the attack occurred, they were both euthanized voluntarily after the horrific tragedy.Massachusetts authorities have indicated the dog owner apparently did not comply with a state law requiring that guard dogs be registered with the local fire department. Further, there were suggestions that the boys had previously scaled the fence to visit the dogs without incident, though that was not independently confirmed. It was not reported whether there were any warning signs concerning the guard dogs.
Massachusetts is what is known as a strict liability state when it comes to dog bite injuries. Nevertheless, legal issues of trespass may come into play if the parents of the boy intend to pursue a personal injury claim for reimbursement of monetary damages sustained as a result of the animal attack. When an individual suffers serious injury from a dog bite, it may make good sense to gain an understanding of their legal rights under the law, based upon a careful review of all of the facts and circumstances surrounding the incident.
Source: Revere Journal, "Boy, 14, Mauled by Two Guard Dogs," Seth Daniel, March 28, 2013
]]>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.
]]> The victim was adored locally and worked at a Dunkin' Donuts in her hometown. She was a college freshman and was home on spring break at the time of the tragedy. The crash site occurred along Route 44, and a memorial to the victim was set up near the crash site. The injured passenger from the pickup was airlifted to a Boston hospital, though the specific nature and extent of her injuries was not disclosed.The woman's arraignment took place in Wareham District Court, and bail was set at $100,000. The victim's family and the injured passenger will likely follow the progress of any further police investigation as well as the criminal proceedings. They each have the right to pursue claims for monetary damages under Massachusetts personal injury laws with regard to the fatal accident. Any criminal conviction obtained against the driver thought responsible may be offered as evidence of liability in a related civil lawsuit for reimbursement of monetary damages.
Source: southcoasttoday.com, "Friends remember teen who was "angel on earth"," Simon Rio, April 2, 2013
]]>After the terrifying incident, the neighbors were required to keep the dog inside their home while the selectmen acted on the mother's complaint. The local animal control officer testified during formal proceedings that the animal would likely bite another time and that such an attack could be even more severe. The selectmen ultimately determined the animal was dangerous and ordered it to be euthanized. The owners were given 10 days to appeal the ruling.
]]> During the 10-day period, the dog attacked and bit a 16-year-old occupant of the owner's home. She required hospitalization, though she was not believed to be in danger of losing her life. The dog, on the other hand, was surrendered to the local animal control authority and was reportedly put to sleep two days later. There was no further information disclosed on the updated medical conditions of the boy or teenage girl.As we have noted, there is no real defense to a dog bite attack. Under Massachusetts law, the owner is responsible. The damages are often substantial, owing to the potential for scar tissue, nerve damage and ongoing psychological problems. It was not reported whether the family of the boy intends to pursue claims for personal injury against the dog's owner. As relieved as they may be that the animal cannot hurt others, their continued focus is likely on the boy's recovery from his injuries and any emotional issues that may linger.
Source: opposingviews.com, "'Death Row' Dog, Milo, Attacks Teenager after Mauling 6-Year-Old Child in January," Denise A. Justin, March 5, 2013
]]>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.
]]> New York has already passed a bill to further protect domestic workers. If the California assemblyman is successful with his proposed bill, his state will be the second to recognize these rights. Efforts are also being made in Massachusetts to address these concerns.If passed, all domestic workers may be entitled to a number of basic employment benefits. In Massachusetts, that could include the right to receive workers' compensation benefits beyond what the current statute already provides. This important insurance program provides covered workers with vital benefits for medical expenses and lost income from work for those that are injured or become ill on the job. Domestic workers may want to follow the progress of the California legislation to see if their cause is advanced in that state, a result which could spur Massachusetts legislators to further action in support of additional labor rights for all domestic workers.
Source: Huffington Post, "Domestic Workers Bill In California Brings Housekeepers & Nannies To The Streets (PHOTOS)," Kathleen Miles, March 13, 2013
]]>The pickup driver is a resident of Cape Cod. Authorities indicate he lost control of his vehicle while traveling on Sandwich Road, swerving into the oncoming lane of travel. Tragically, two women in their early 80s were occupying a car that was struck head-on by the pickup.
]]> A passenger in the car died from injuries sustained in the crash. The 81-year-old victim was a noted pediatrician from Middleboro who had retired from her medical practice. There were no reports of injury to the 82-year-old driver of the car in which the deceased victim had been riding.Police have now charged the pickup driver with homicide by motor vehicle and related charges. As of a news report concerning the crash, an arraignment date in Falmouth District Court was pending a magistrate's hearing. There was no indication that the accused man suffered any injuries in the collision.
The criminal charges against the man will now proceed through the Massachusetts court system. In the meantime, the deceased woman's family has the right to pursue a civil claim as a result of the fatal accident. If the family can prove that the man negligently caused the collision, claims for reimbursement of monetary damages sustained will be heard. The family's burden of proving liability may be eased by the fact that the pickup driver has apparently admitted he fell asleep while driving his vehicle.
Source: capecodonline.com, "Police: Cape pediatrician died in crash caused by sleeping driver," Amy Anthony, Feb. 25, 2013
]]>The victim was training for a triathlon and was apparently equipped with appropriate safety gear. He pedaled through an intersection ahead of the semi. The truck subsequently turned in the same direction as the biker and struck the cyclist from the rear. The 51-year-old truck driver did not stop at the scene of the fatal accident, though police located him several days after the tragedy. When emergency responders arrived at the scene of the crash, the cyclist was lying unresponsive and was later declared dead at a local hospital.
]]> After what appears to have been an extensive investigation, the office of the Norfolk District Attorney agreed with the conclusions of the police investigation. Charges were sought for negligent vehicular manslaughter and related accusations. Though no explanation was offered for its decision, the grand jury decided against further criminal proceedings.In cases like these, it is important to note the distinction between criminal and civil cases. The legal issues and burden of proof in criminal proceedings are different and far more stringent than in civil proceedings. As the wrongful death lawsuit now makes its way through the Massachusetts civil court system, the victim's surviving family will have the opportunity to prove the trucker's actions were negligent and proximately caused the death of the cyclist. If the family is successful in establishing this, a court will proceed to adjudicate claims for monetary damages alleged to have accrued as a result of the negligent conduct.
Source: necn.com, "Broadside: Wellesley, Mass. bike fatality," Feb. 27, 2013
]]>The issues identified in the OSHA investigation were a repetition of the very same problems OSHA encountered when it previously inspected a Forever 21 store in another state. The prior violations were found in 2011. As a result of the repeat violations, the latest fines against the company total $55,000.
]]> Two workplace safety issues were identified. Stock items were discovered piled in such a manner that employees were placed at risk of injury from falling boxes. Moreover, the emergency exits were either blocked or the passageways otherwise too small to accommodate the safety of the company's workers.OSHA indicated that the cited company has several options to choose from upon receipt of the notice of violations. Within 15 business days, Forever 21 must pay the fines and correct the underlying safety problems. In the alternative, it can request a meeting with the area director for OSHA to attempt to conciliate the findings. Finally, the store also has the option of formally contesting the OSHA findings.
A company's failure to follow safety procedures places its employees at greater risk of a workplace accident. This retailer must now answer to OSHA once again for the same issues that were discovered in another of its stores in New Jersey. Apart from the potential imposition of significant fines by OSHA, those store workers who suffer an injury on the job are likely entitled to workers' compensation benefits. Professional assistance is available to help with the timely filing and processing of claims in Massachusetts to ensure that all benefits to which a worker is entitled are received.
Source: Burlington, MA Patch, "Burlington Business Cited for Workforce Safety Violations," Richard Hosford, Feb. 13, 2013
]]>CBS Boston recently investigated the sale of used cars that were subject to motor vehicle recalls for defective parts or other mechanical problems. The results were startling. It was discovered that some vehicles were being sold off used car lots without bothering to address recall issues. Some find it particularly infuriating because necessary repairs pursuant to a recall cost dealers nothing. Nevertheless, it was discovered that some used cars were sold without even telling the consumer that the car was subject to a recall.
]]> As many as one third of recalled vehicles don't get repaired, and some of them are sitting on used car lots. One consumer bought a van that caught on fire in his driveway. He had no idea that a recall targeted the issue. A 2005 Acura was recalled for a braking issue but was still offered for resale on a lot without any notification to the consumer of the issue.A car accident on Massachusetts roadways under any circumstances is frightening. When the cause of a collision is traced to a problem with a vehicle that was subject to a recall, further investigation is warranted. If evidence suggests that a vehicle subject to a recall was sold to an unsuspecting consumer, liability issues may arise. In the meantime, all consumers may benefit from carefully checking recall announcements prior to purchasing a used car.
Source: CBS Boston, "I-Team: Hidden Dangers In Used Cars Across Mass.," Karen Anderson, Feb. 7, 2013
]]>On the night of the tragedy, a 47-year-old Cape Cod woman in a motorized wheelchair was attempting to cross a street in Hyannis. It was just about 10 p.m. and raining heavily. A now 21-year-old woman had been drinking with friends at the Holly Tree Resort Hotel in West Yarmouth. She, along with a passenger, was driving to a local store when her car struck the wheelchair bound woman and dragged her a distance of about 50 feet.
]]> The victim's purse became stuck on the car's windshield briefly, and the air bags in the vehicle deployed. Nevertheless, the driver did not stop and returned to the hotel where she had been drinking. She was arrested two days later, following a police investigation. She faced numerous criminal charges and was ultimately convicted and sentenced to spend three years in jail. She was also sued for wrongful death in the month following the crash.In March 2012, three of the wrongful death counts were resolved when a judge in Barnstable Superior Court approved a judgment for almost $2 million. The fourth count, which involves a clause in the insurance policy providing for payment for vehicle repairs, is still pending trial. The civil lawsuit has likely brought some measure of justice to the victim's family for this tragic fatal accident. While the money to be paid cannot undo the events that resulted in the death of their loved one, the family may take some solace in holding the driver fully accountable for her negligent acts.
Source: CapeCodOnline.com, "Driver in fatal crash on hook for $2M," Steve Doane, Feb. 6, 2013
]]>The incident occurred in the Boston suburb of Needham, and the town's Animal Control Officer responded to the scene. Further details of the attack were not reported. However, the owner of the dog was said to have received a citation because the dog was not muzzled in accordance with local law.
]]> Massachusetts is known as a strict liability state when it comes to dog bite attacks. Nevertheless, the laws regarding strict liability vary from state to state. In addition to state laws, local jurisdictions often have laws that apply within its borders.As the man recovers from the dog bite injuries, he may elect to review his rights under relevant laws regarding a claim for personal injuries. Medical bills, including those for any anticipated care in the future, may be included in a demand for reimbursement. Further, if any scarring results from the injuries sustained, a monetary claim for any disfigurement as well as for pain and suffering occasioned by the attack may be appropriate. Each case is unique, and the best first step is to gain an understanding of the local and state laws involved in order to assess what legal steps may be pursued if the victim chooses to do so.
Source: Wicked Local Needham, "Needham Police: Dog bites man," Jan. 21, 2013
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