Posts tagged General Personal Injury

• Falling Down Stairs

  Ken Margolin | February 15, 2007 7:00 AM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Falling down a flight of stairs or even a few steps can cause serious injuries. Broken bones, head injury, and other trauma can result. In determining whether a stair injury case should result in a lawsuit, a number of factors need to be determined in addition to the severity of the injury. Stair injury cases are a form of premises liability litigation. Stair design is one factor to be analyzed....

• Can I Sue if I Receive Workers Compensation?

  Ken Margolin | July 20, 2007 3:30 PM | 0 CommentsBoston, MA Category: Workplace Injuries
  

  I have been asked this question many times over the years by clients who have received serious personal injuries at work. Workers compensation pays the injured employee regardless of whether the employer or anyone else was negligent, and even if the employee's own negligence contributed to his injuries. Worker compensation laws are essential, but they are something of a devil's bargain. The...

• Charitable Immunity is Unjust

  Ken Margolin | September 19, 2007 7:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Protecting charitable organizations from liability for the negligence of the organization or its employees, may sound noble, but is in fact, unfair. The immunity doesn't really accomplish its goals, and insures that employees of an organization involved in a personal injury lawsuit, will be sued instead of the organization. Here's the way it works in Massachusetts. By statute, M.G.L. c. 231,...

• Liquor Licensee Liability Laws

  Ken Margolin | January 16, 2007 5:00 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Most states in the US have some form of laws imposing liability on liquor licensees that serve liquor to clearly intoxicated persons who then go out to cause injury or wrongful death to a third party, usually by causing a car crash. The laws are known as "dram shop" acts. Organizations such as MADD (Mothers Against Drunk Driving) have been quite successful in campaigning and lobbying to get...

• Real Tort Reform

  Ken Margolin | December 17, 2006 12:30 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  I grudgingly give credit where it is due. The insurance, big corporate cabal, has run one of the most brilliant public relations campaign in the history of duping the American public. Their first ploy was the one most essential in any media campaign - they captured the linguistic high ground. Everyone believes in reform in the abstract, and the forces who want to eliminate the rights of...

• Pool Drain Lawsuit Filed Because of Drowning

  Jenny Albano | January 29, 2008 4:31 PM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Parents of a boy who drowned filed a lawsuit Monday, January 28 against the town of Greenwich, Shoreline Pools, and others. The 6 year-old drowned when his arm became caught in a powerful swimming pool drain. The lawsuit, by Brian and Karen Cohn, alleges that the pool safety violates safety requirements that were instated after many similar tragedies.The lawsuit, which seeks damages of more...

• Home Depot's Falling Merchandise

  Ken Margolin | August 01, 2007 3:30 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Obtaining data on the number of people injured at big box stores such as Home Depot, is difficult. The information is guarded like state secrets. Data generated in litigation, however, has revealed that the big box giant, Home Depot, has had an ongoing problem with falling merchandise killing and maiming customers. One lawsuit revealed that in the late 1990s and early 2000s, more than 2,200...

• Liquor Liability for Serving Drinks to Minors

  Ken Margolin | January 11, 2007 9:30 AM | 0 CommentsBoston, MA Category: Automobile Accidents
  

  The Supreme Judicial Court of Massachusetts just ruled that commercial establishments that serve drinks to underage persons (under 21 in Massachusetts) have a higher level of liability than when they serve to legal age, intoxicated patrons. The case, decided on January 9, 2007, is Nunez v. Carrabba' Italian Grille, Inc. The plaintiff, a 19 year old, spent a night drinking heavily at Carrabba's...

• Elevator Accidents

  Ken Margolin | January 05, 2007 7:00 AM | 1 CommentBoston, MA Category: Defective & Dangerous Products
  

  Elevators are often described as the safest means of travel. I don't know if that is true, though it may well be, given the untold numbers of times elevators go up and down across America on any given day. Nevertheless, elevators are machines and like all machines, they can and do fail. The reality of a free-falling elevator can be as frightening as the nightmare. The occupant is completely...

• Preventing Drowning Deaths

  Ken Margolin | June 04, 2007 7:00 AM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  You may have read the sad story last week, of the two toddlers who left their house, wandered down to a nearby pool, and drowned while their babysitter slept. The purpose of this blog is not to speculate on blame in that tragedy. It reminds us that summer season is here and with it, comes too many drowning deaths that could have been prevented. As was illustrated by the death of the two little...