Posts made in April 2015

Study reveals brands with most product recalls

Parents all across the country use many products to help them take care of their children, and Massachusetts residents are no exception. From bottles to baby formula and high chairs to safety restraints, we entrust the well-being of our children to dozens of different manufacturers. We feel safe in this practice because we assume most dangerous products are recalled, so we know what products are and are not safe. However, because this system relies mostly on self-reporting, product recalls may not be as reliable as you think.

A safety advocacy group recently analyzed major recalls on children’s products in the last five years. The group, aptly called Kids in Danger, made some interesting discoveries about the relationships between number of injuries and time of recalling. These findings revealed the companies that issued the most product recalls:

  1. Target with 24 recalls after 30 injuries and 106 reported incidents.
  2. Fisher-Price with 19 recalls after 130 injuries and 828 incidents.
  3. Dorel Juvenile Group with 11 recalls after 10 injuries and 808 incidents.
  4. IKEA with 11 recalls after 12 injuries and 55 incidents.
  5. Pottery Barn Kids with 11 recalls after 17 injuries and 86 incidents.
  6. Walmart with 11 recalls after two injuries and six incidents.

What is most interesting about these data is that Target issued more recalls than Fisher-Price despite having barely one-eighth of the reported incidents and only about one quarter of the injuries. This indicates that some Fisher-Price products caused many more injuries before being recalled than Target products.

These findings illustrate how important it is to investigate any injury by a product. Even if the product has not been recalled, it could still be a defective product, and if you are injured by a defective product, you could be entitled to compensation.

Source: WTSP, “Which sellers have the most kids’ product recalls?,” April 20, 2015

The potential dangers of shopping

You may not realize that even something as simple as shopping for a birthday present can be the beginning of a long litigation process and even medical attention. Each year, thousands of personal injuries are caused by shopping injuries in our country. Massachusetts residents are of course included in this, which is why it is important to be aware of safety hazards when shopping around, as many things could cause injury in a store. Even something as seemingly insignificant as a small water spill can cause you to slip and bang your head, and that could cause serious injuries.

While spilled water may be the most commonly thought of shopping injury, there are plenty of other injuries that one could suffer in a shopping area. This article lists many of them, such as shopping cart injuries or overcrowding injuries. Fortunately, there are laws in place that can release you from certain monetary responsibility after injuries that are caused by someone else’s negligence, and this includes many shops and the property conditions therein.

An example of a dangerous property condition would be shopping carts that are not kept in proper, safe working condition. Obviously it is not the shop owner’s fault if someone else runs into you with a cart, but if that cart had a loose wheel that caused its user to lose control and crash into you, then the shopkeeper may be liable.

Of course store owners will likely do all that they can to defend themselves from a personal injury claim. This is often not only to avoid paying for the injuries, but also to avoid the bad publicity and being viewed as a dangerous property by other potential customers. Therefore, legal representation could benefit you, if you want to file a personal injury claim against a store owner.

Our approach to car accident claims is unique and client-focused

Our law office takes pride in delivering great results and satisfying customers who were worried that their claim was not good enough. While other firms may reject cases for reasons such as large expenses or small chance of recovery, we treat all cases with the same level of care and severity. This means that if you are in Boston, whether you were struck by another car, a large truck or even a motorcycle, we will do our best to represent you.

This representation includes sparing no effort in determining exactly how your accident played out and thus determining the full extent of the damages and who was at fault. We accomplish this through working closely with specialists to recreate and reenact accidents. It may not seem particularly important, but such reenactments can reveal a great deal of information about accidents that you may not even have thought to consider.

Nobody expects to get into a car accident, so it is impossible to properly prepare for an accident if it should occur. Additionally, car accidents happen extremely fast, and it can be difficult to recall exactly what happened in the heat of the moment. If there are no eyewitnesses present, or if you cannot get the eyewitnesses to testify, any claim you make could end up just being your word against the other driver’s.

In the aftermath of a car accident, you will likely be suffering from severe unexpected injuries or property damage, which could put a strain on your finances. A successful claim that ensures you do not have to pay for the other driver’s negligence is your best option, but you must be able to prove who was at fault in the accident. This is why it is so important that you get legal assistance. Visit our car accident webpage to learn more about how we can help you with your accident claim.

Former nursing home employee convicted of abusing patient

Nursing homes provide a vital service for many Americans. In a world where more and more families are surviving on two incomes and healthcare is undergoing serious changes, the care of seniors has become relatively less reliable. Those who are concerned for the well-being of their elderly loved ones often turn to nursing homes to provide the seniors with the round-the-clock care they require. Unfortunately, trusting the care of your loved ones to strangers doesn’t always end well.

Back in 2012, a Massachusetts nursing home employee was allegedly caught assaulting a patient by his supervisor. Now, nearly three full years later, the now former employee has been convicted of assault and battery as well as caretaker abuse, but he was acquitted of his most serious charge: assault with intent to rape. He will be sentenced for his crimes next week.

Nursing home negligence is a frightening prospect for a number of reasons. Elderly nursing home patients are often powerless to defend themselves, with some not even aware that the abuse is happening depending on their state of health. Additionally, the abuse may go unnoticed if the patient is incapable of reporting the abuse. Individuals who have placed their loved ones in the care of a nursing home are encouraged to regularly check up on the patients and ensure that they are receiving optimal care.

If you suspect that your loved one is not receiving the care they need or the care they were promised, consider meeting with an attorney. The law protects seniors from being mistreated and taken advantage of in situations such as these, and though no money can make right the suffering of your loved one, it can help ensure that your loved one is given the proper care in the future.

Source: Greenfield Daily Reporter, “Ex-nursing home worker convicted of assault on patient, but acquitted of attempted rape,” March 31, 2015

Premises liability is more than slipping and falling

When most people talk about premises liability cases, they are usually talking about slip-and-fall injuries that occur on another person’s property. These slip-and-fall injuries are usually caused by dangerous property conditions such as stairs without handrails or slippery puddles of water. Such injuries are arguably the most common type of premises liability injury, but they are by no means the only type of premises liability injury. The fact is that any injury caused by a dangerous and/or avoidable property condition can qualify as premises liability.

It is also important to remember that these injuries do not have to happen at a home in order to qualify as premises liability cases. For example, an equipment malfunction at a theme park can cause serious injury, and because such an injury was caused by the dangerous property condition of defective equipment, you could file a claim against the park owners. Landlords can also be held accountable for injuries if they could have made a stronger effort to prevent the injury. If you suffered lung damage inhaling smoke that you didn’t know about because of a defective smoke detector, your landlord could be liable.

The last thing you want to do is pay for an injury that was caused by another person’s negligence. This is why the law protects victims of such injuries, allowing them to be compensated for injuries with a successful lawsuit.

If you have been injured on someone’s property, and you believe that your injury could have been avoided, then we may be able to help you. Massachusetts residents are encouraged to visit our premises liability website to learn more about premises liability cases and find out how we can help with legal claims. While you’re there, you can set up a free consultation and begin building your case to get the compensation you deserve.

What is Massachusetts’s product liability statute of limitations?

Product liability refers to instances in which individuals are injured by defects or faults in products. These defects could occur in either the design or manufacturing phase of a product’s lifestyle, but if a consumer is injured by a product, they could file a product liability lawsuit. However, if the statute of limitations for such a case expires, then your chances of filing a successful claim will dramatically reduce.

Because product liability falls under the personal injury area of legal practice, it is affected by the personal injury statute of limitations. As this article states, the statute of limitations for injury to person in Massachusetts is three years. This means that if you are injured by a defective product, you have three years to file a claim. If you do not file a claim within this time, there is a strong chance that your case will be dismissed outright.

Even though the time limit for the statute of limitations is very clear, the beginning of that timeline is a bit more ambiguous. The clock for the statute of limitations generally does not begin ticking until the injured party should have reasonably been able to determine that they were injured by the product. Depending on your injury, you may not realize that you were injured for a good long while.

Even if you are afraid that the statute of limitations for your injury has expired, it is still in your best interests to meet with an attorney. An attorney who has experience with product liability injuries may be able to look at your case from a different angle or prove that you could not have reasonably detected the injury immediately. You do not have to pay for an injury that was someone else’s fault.