Articles Posted in Negligence

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The death of a 10 year old boy from Kansas while riding the world’s tallest water slide has revived a call for change in the amusement park industry. Many advocates say there is a lack in federal oversight of our nation’s water park safety.

The ten year old boy was killed while sliding down the 168 foot tall water slide located in Kansas City. Details surrounding his death remain unclear. Some witnesses that rode the ride earlier in the day say the harnesses to the ride were not working properly. It appears the boy fell out of the raft and slid down the slide himself and was decapitated. This is a horrific tragedy.

The police said the boy was decapitated in the accident and was found dead at the bottom of the ride in a pool. The two other passengers both suffered minor cuts and scrapes on their face in the incident, according to authorities.

osha_logoAccording to the National News Claims Journal, The Occupational Safety and Health Administration recently handed out a $101,600.00 fine to Detyens Shipyards, Inc. of South Carolina due to various findings of serious safety violations. OSHA conducted a comprehensive inspection of their facility in December of 2014 and found many serious safety hazards that put their workers in jeopardy of a serious injury.   The violations include not ensuring wire rope guardrails were pulled tight to prevent workers from falling overboard ships, allowing workers to use forklifts with broken safety equipment, blocked exit doors, not providing welding screens for arc welders, exposing workers to electrical hazards, exposing workers to saws and other machinery that lacked safety guards and not clearly marking exits. The business has 15 days from receipt of the various citations and penalties to comply with OSHA’s rules and regulations.

Unsafe work conditions can play a major reason why employee’s sustain workplace injuries and need to receive workers compensation benefits. Many workplace accidents and injuries are easily preventable by employers who take workplace safely seriously. An employer or worksite that does not comply with OSHA rules and regulations will mostly likely see an increased amount of workers compensation claims. Having a save and secure work environment is a win-win situation for both employees and employers. Not only do employees avoid the risk of serious bodily harm, the employer also benefits from a decrease in workers compensation claims thereby reducing costs. Employers that invest in good workplace safety measures will see a return on their investment from reduced workers compensation insurance premiums.

If you or a loved one have been injured at a jobsite and the accident or injury was caused by unsafe work conditions, please contact our office to speak with an attorney experienced in assisting victims of negligence.  You or your loved one may have a valid third party claim for negligence in addition to a workers compensation claim for workplace injuries.

 

eagles-fans-fightingA Massachusetts Superior allowed a Plaintiff’s claim for injuries from an altercation at the TD Garden during a Boston Bruins Game to proceed to the Jury. The Plaintiff brought a negligent security claim against both the TD Garden as well as their security vendor after he was assaulted in the men’s room by another fan. The defendants argued they are entitled to a summary Judgment because the injuries sustained by the plaintiff were not reasonably foreseeable. The Massachusetts Superior Court Judge Denied the Defendant’s motion to dismiss the case. The Judge said there are certain circumstances at the TD Garden where fights are foreseeable and the allegation whether the actions taken by the defendants were adequate under the circumstances are to be determined by “the collective wisdom of the Jury as fact finders”.

On 3/25/2010, the plaintiff entered the men’s restroom at the TD Bank Garden immediately after the end of a Bruins game. The plaintiff claims he observed an altercation and tried to diffuse the situation. Ultimately, the defendant lifted up the plaintiff, threw him to the ground causing him to sustain bodily injuries.

The Judge noted there was no security guards within the restroom or outside the restroom and the security guards that responded to the altercation needed to run from three stadium sections away from the incident location. The judge concluded “a genuine issue of material fact, therefore exists as to whether the presence of security personnel nearer to or directly outside the men’s room bears upon the issue whether the defendants took reasonable deterrent measures”.

A mother of a 4 year old child filed a lawsuit on behalf of her son after he was severely injured from an attack by a pit bull. On or about October 18th, 2014, the boy was chasing after the family’s cat in their neighborhood when he was attached by the pit bull. The Pit bull was one of 4 dogs that were owned by a neighbor. Apparently, the pit bull was allowed to roam freely in the neighborhood because the owner of the property did not fix a hole in the fence that held the dogs within the premises.

The boy sustained severe injuries when the dog bit his leg and pulled him through the fence. The boy sustained lacerations to his skull, severe lacerations to his thigh, multiple puncture wounds and severe bruises and abrasions. The family’s cat was also killed by the dog in the attack.

The defendants are accused of failing to supervise and control the dogs as well as gross negligence. The family of the boy is claiming damages for physical pain and suffering, discomfort, mental anguish, medical expenses, permanent scarring and impairment of psychological functioning among other damages. A dog attack is quite traumatic especially for a young child. In Massachusetts, there is a “leash law” that requires owners of pets to have their dog on a lease and not be allowed to run free. There is also laws that can deem a dog to be deemed “dangerous”. See https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section157

A women from Oregon sustained serious injuries requiring emergency surgery when she was struck by a falling mirror at a Yoga Studio. The Portland, Oregon women was taking a yoga class when suddenly she was in extreme pain. She then realized she was struck by a falling mirror. The glass fell on her and shattered. A piece of the glass severed a nerve in her ankle requiring immediate surgery. The women’s medical bills totaled over $40,000.00. In addition to her incurring medical bills and pain and suffering, she also lost wages from her work. She was on pain medications and not allowed to drive for months.

The women filed a lawsuit against the yoga studio alleging they negligently placed the mirror on the wall without properly installing it. They did not use and heavy duty screws or other hanging devices. The women claims they just used some glue which was insufficient to hold the mirror in place.

The women is also filing a claim against the Glass Company that installed the mirror. This is another example of a premises liability case where the owner of a business failed to remedy a hazard and ultimately that hazard caused a serious injury.

He owners of a Framingham Massachusetts producer of steroid injections have agreed to a settlement in response to claims by victims who received tainted injections. The company, New England Compounding Center (NECC), its owners and insurers have agreed to a settlement that will reach more than $100 million according to Massachusetts Lawyers Weekly published May 12th, 2014.

The US Centers for Disease Control estimated that the contaminated steroid injections produced by New England Compounding Center affected over 700 individuals nationwide. The victims who received the tainted injections have been diagnosed with fungal meningitis and other serious injuries. The US Centers for Disease Control confirmed at least 64 deaths as a result of individuals receiving the contaminated steroid injections.

The owners of the company will contribute almost $50 million in cash in addition to millions more from the company’s insurance carriers. There will be a compensation fund set up for the victims and their families. The US Bankruptcy Court will need to approve the terms of the settlement.