Posts made in November 2014

Proving product liability can be tricky

Residents of Massachusetts rely on so many different products in their day-to-day lives, it is easy to understand that once in a while, something will malfunction. With any luck this will be a minor setback or a small annoyance. It is frustrating when an item you were relying on fails to work correctly. However, that is a far more preferable option than the defect or malfunction resulting in injuries to you or your loved ones.

Manufacturers have a responsibility to ensure that the products they distribute adhere to specific safety regulations and quality standards. If they do not, countless consumers are placed at risk of serious injury or even death. Yet how do you prove that the manufacturer was at fault? Fortunately there is legislation in place to help you.

There is a doctrine that is widely referred to as strict liability. Under this doctrine, if you suffer injuries from a consumer product, you may be able to claim compensation from whichever business or manufacturer sold it to you. However, this doctrine only applies if the seller was in the business was in the business of distributing and selling that particular type of product.

For a claim under strict liability to be valid, your injury must have resulted from using a consumer product in the manner it was designed to be used. The product must also have a defect that could be considered unreasonably dangerous and which has injured you. The product must also not have been altered significantly from the condition it was in when it was sold.

It is a lot to take in, especially when you are recovering from your injuries. Fortunately, you do not have to face it alone. An attorney may be able to assist you with your claim and help you to pursue the compensation you deserve.

Recent DUI Accidents Highlight Dangers of Drunk Driving

An average of 124 alcohol-impaired driving fatalities occurred in the state of Massachusetts during 2012, according to the Foundation for Advancing Alcohol Responsibility. This equates to 1.9 alcohol-impaired fatalities per 100,000 population. The true representation of the driving under the influence statistics in Massachusetts lies in the arrest data, which reveals more than 8,000 DUI arrests during the same time period.

Driving under the influence of alcohol and drugs is a serious issue across the state. Fatalities aside, DUI crashes cause a range of serious injuries that leave a lasting financial and medical impact on the victims.

If you or a family member is dealing with accident-related injuries and you are looking for an experienced Boston personal-injury lawyer to advise you on the best way to proceed, give us a call. At Colucci, Colucci, Marcus & Flavin P.C. we are dedicated to defending the rights of the injured. Call us today at 617-698-0253 to set up a consultation.

Drunk Driver Totals Ford Pickup

Sippican Week reports that a Wareham man was arrested on Monday night on charges of drunk driving. The charges relate to a Route 28 car accident, during which the man totaled his vehicle. Rochester police found a demolished Ford pickup truck at the scene.

A witness at the scene told police the driver had run into the nearby forest. Local Massachusetts environmental police found the driver hiding in the woods nearby and arrested him.

Police arrested the driver and took him to Tobey Hospital for treatment. He is being held without bail and remains under police guard at the hospital. He faces charges related to speeding, reckless operation of a vehicle, leaving the scene of a crash, operating an uninsured vehicle and operating a vehicle under the influence of alcohol.

Police found a number of full and empty beer cans in the vehicle. They confirm that this is the man’s second DUI arrest since March this year.

Pedestrian Accident Driver Jailed

Gloucester Times reports that a man charged in a Halloween car crash involving a pedestrian will remain in jail. The crash seriously injured a 38-year-old man. The driver of the vehicle received $5,000 cash bail in Gloucester District Court. However, the man violated an outstanding probation term.

The driver remains jailed while the victim remains hospitalized with serious injuries that officials say are potentially life threatening. A full investigation into the accident is underway, and the driver will appear again in court on the various charges soon.

A car accident can cause serious injuries, but there is no reason why you should struggle through these alone. At Colucci, Colucci, Marcus & Flavin P.C., we have many years of personal-injury law experience. Call us today at 617-698-0253 to set up an appointment if you are looking for assistance from a respected Boston personal-injury attorney. We will work with you to identify all possible outcomes of your case and attempt to recover compensation for medical bills and lost wages.

Are you liable if someone is hurt trespassing on your land?

Many homeowners in Massachusetts take great pride in keeping their homes in good condition. After all, if you have guests, the last thing you want is for them to be injured on your property. But what happens if someone strays onto your land without your permission. If they come to harm, can you end up in legal trouble?

Under premises liability laws, if you are aware that trespassers are likely to come onto your property, you may be considered to have a responsibility to warn them of hazards. This could be done by signposting and marking out the dangerous area. However, this only applies to conditions that you have put in place or that you maintain. Furthermore, you are less likely to be required to signpost it if it is an obvious danger.

The rules are slightly different when it comes to children. In these cases, the difficulty of removing a hazard or protecting children from it must be weighed against its potential risk of causing injury or death. As with trespassers, if you know children could enter your property, you must provide warning of any artificial conditions that may harm them.

Of course, this is also useful to bear in mind if you are injured on someone else’s property, or even if you are injured in a public place. If you come to harm as a result of someone else’s failure to maintain an area, or to identify its dangers, you may be able to file a premises liability claim. An attorney can help you evaluate your situation and may be able to assist you in pursuing remuneration for your injuries.

2 Tragic Massachusetts Accidents Cause Multiple Deaths

More than 100,000 accidents take place on Massachusetts roads each year, according to the Executive Office of Public Safety and Security. Most of these are not serious and do not result in fatalities or leave lasting injuries. However, at least 4,000 people in Massachusetts suffer injuries in accidents each year, and at least 350 die as a result of serious car crashes across the state.

Injuries that you sustain in a car accident can be serious and often require expensive medial treatment. This can leave a lasting impact on your future–both physically and financially.

At Colucci, Colucci, Marcus & Flavin P.C., we are committed to ensuring that accident victims do not struggle through debilitating injuries and medical expenses alone. If you are looking for a Boston personal-injury lawyer, give us a call at 617-698-6000. We have a long history of caring and responsive legal assistance, and we are eager to offer the same support to you and your family.

Three Injured in Ludlow Accident

WGGB reports that a car accident involving two vehicles sent three people to a local hospital. The accident took place on Mass Avenue in Ludlow, and police responded to the call at approximately 1:20 p.m.

Officials say that one vehicle was driving on Mass Avenue when it collided with another vehicle travelling north on Alfred Street. Following the collision, one of the vehicles ended up in the front yard of a nearby house.

According to police on the scene, a 20-year-old man was driving the vehicle at the time of the accident, and his mother was a passenger in the car. A total of three victims suffered injuries in the accident. Emergency responders rushed all of them to Bay State Medical Center.

Two Killed in Jamaicaway Crash

Boston.com reports that a head-on collision on Jamicaway early Sunday morning killed two people. The collision took place at 3 a.m. when a large BMW struck a Toyota. There were three occupants in the BMW and two in the Toyota.

A preliminary investigation into the accident indicates that the BMW was at fault. Officials believe the BMW crossed the center-lane markers and drove directly into the line of the Toyota, which was approaching from the opposite direction.

The accident caused two fatalities. According to police officials the victims were not wearing seatbelts at the time of the accident and were pronounced dead on the scene.

The driver of the BMW and the driver of the Toyota were not killed but suffered injuries. Emergency workers transported both drivers to Beth Israel Hospital.

If you or a member of your family has suffered injuries in a car accident, you may be entitled to compensation. At Colucci, Colucci, Marcus & Flavin P.C., we are committed to fighting for the compensation that accident victims deserve. A specialist Boston personal-injury attorney will handle your case and represent your interests. Call us today at 617-698-6000 to arrange a consultation with a Boston Accident Lawyer and to see how we can help you. We are available for day, evening and weekend appointments.

Three people hospitalized following Massachusetts accident

Car accidents are incredibly traumatic experiences not only because of the damages they can cause, but because they happen suddenly and without warning, leaving victims no time to prepare for the potentially life-altering consequences. In the aftermath of a car accident, victims should be focusing mostly on recovery or, in the worst case, grieving. Unfortunately, there are often other issues that must be dealt with, including the financial obligations of medical treatment and/or car repair.

An accident that occurred recently in Ludlow, Massachusetts illustrated how sudden and serious a car accident can be. The accident happened in the afternoon when two cars collided, leaving three people in need of medical attention. The victims were taken to a nearby medical center, but the full extent of the injuries is not known.

It appears that there were no fatalities in this case, fortunately, but time spent in the hospital is time that you are spending money for the care you are receiving, and for some it is a time in which they are unable to earn wages to keep up with the costs. In many cases, this unexpected financial burden is too much to bear. The good news for victims of car accidents is that they can file a claim against the other driver. If you can prove that the other driver’s negligence caused the accident, you could be entitled to compensation.

We understand that the last thing you want to worry about in the aftermath of a car accident is a lengthy litigation process, which is why we take every step we can to ensure the process is easy on our clients. We put all of our efforts into building a strong case to earn our clients the compensation they deserve, so that car accident victims can focus on recovering from their devastating experience.

Source: ABC40, “Ludlow Car Accident Sends 3 People To Hospital,” Ewon Adenomon, Oct. 26, 2014