An ongoing theme on this blog site is the hazards of construction work and the justifiable liability for companies that negligently put workers at risk. Two more significant settlements were reported this week in Massachusetts, resulting from serious accidents at construction sites. In the first case, an ironworker fell to his death from a scaffolding 65 feet in the air. A piece of structural...
Very serious injuries can result from incidents of slipping, tripping, or falling down. A fall can end careers, from such injuries as broken bones, traumatic brain injury, spine injuries, and others. But winning a fall down case in Massachusetts, is quite difficult. A number of legal theories stand in the way of success for even a severely injured plaintiff. If the incident occurred on a...
A New York Times article at the end of last year reported that the number of construction fatalities more than doubled from the previous twelve month period. The biggest cause of construction deaths was falling, followed by deathfrom falling objects. The OSHA spokesman in New York City noted that non-union workers appeared to be more heavily at risk for death and serious injury. Union workers...
Many prospective clients open our conversation with an apology. They feel ashamed for wanting to use the court system and bringing a lawsuit against a corporation or a doctor. They then assure me that they're not sue crazy, and that they have tried every other means of resolution apart from bringing a lawsuit. As I write this, powerful corporate interests lobby members of the legislature to...
I'm not a deer hunter, but I have a few friends who are. They tell me that the reason why hunting deer from a tree stand is so successful, is that deers have no natural enemies who prey on them from trees. Deers don't look up to spot potential dangers. Humans are similarly at risk from objects falling from above them. Some truly catastrophic brain injuries, crushing injuries, and deaths, have...
Favorable results in Massachusetts cases of serious personal injury continue to make the news. Severable substantial settlements were reported this week in the Massachusetts Lawyers Weekly newspaper. A car accident resulting in a closed head injury and multiple fractures to a young mother, resulted in a mediated $750,000 settlement. In another car crash case involving a closed head injury, this...
When attorneys handle a case involving paralysis or other catastrophic injuries, one of the biggest challenges is effectively portraying their impact on the client's life. Words are powerful, but go only so far. One of the most effective tools available to the trial lawyer is the day in the life video. These videos show more dramatically than any verbal description, the difficulties posed by the...
In a previous blog, I wrote about day-in-the-life videos. These are videos that film a severely injured plaintiff and capture vignettes of a typical day, in a 20 - 30 minute movie. If done properly, they can be shown to a jury at trial. Another tool that any lawyer representing a client with catastrophic injuries may consider, is a video settlement brochure. In the video settlement brochure, the...
Swimming season is not far off, and with it will come the inevitable swimming pool tragedies. Most likely to experience pool accidents are children, usually because they fall into pools while supervising adults are not present. Persons with backyard pools who have children, or whose neighbors have children, are therefore advised to install appropriate fences, door alarms and/or pool covers to...
One of the earliest blogs I wrote on InjuryBoard, entitled "Shop till you're Dropped," pointed out the hazards in big box hardware and home goods stores, from falling overhead objects. Here is a news flash - based on my one store survey this past weekend, nothing has changed. I went to this cavernous home supplies store - you would all recognized its name - to purchase some rug pads. As I...
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