Massachusetts Injury Lawyer Blog

It's always a tragedy when someone leaves a bar after a night of drinking, steps in his or her car, and causes a motor vehicle accident resulting in personal injury.

For years, that tragedy was compounded by Massachusetts law, which let bars and restaurants operate without liquor liability insurance. Like other businesses, Massachusetts restaurants and bars have traditionally carried general commercial liability insurance covering on-site problems, including slip and falls and other injuries. But this insurance offers no assistance to drunk driving accident victims.

In late May, Massachusetts lawmakers corrected this and passed a law requiring restaurant and bar owners to carry liquor liability insurance. Establishments must carry a minimum of $250,000 per person/$500,000 per accident coverage. In other words, policies must provide a minimum $250,000 for bodily injury or death of one person and a total of $500,000 per incident involving bodily injury or death.

Innocent victims of drunk driving accidents still face the traditional hurdles in proving their cases against bars. One hurdle is strong juror bias. Juries do not hesitate to hold the drunk driver responsible. But juries are often reluctant to blame a drinking establishment for over-serving a patron, even though the law is perfectly clear that a bar has a legal duty to not serve someone who is intoxicated.

Restaurants and bars seek to avoid liability for over-serving patrons, and they typically claim they did not recognize that the patron was intoxicated. The recent Massachusetts Appeals Court case of Rivera v. Club Caravan, Inc., 77 Mass. App. Ct. 17 (2010), reviewed the legal standards for "dram shop cases." Generally the plaintiff must prove the patron showed outward signs of intoxication by the time he or she was served her last drink. However, circumstantial proof can also be sufficient. If the patron had consumed excessive quantities of alcohol, a jury can draw an inference that he would have been visibly intoxicated. So, where a patron is served fourteen drinks in two hours, as in the Rivera case, or was served six or more white Russians, as in another Massachusetts case, the circustantial evidence is strong enough.  

Personal injury attorney Ronald Gluck called the new law "a step forward" for the safety of Massachusetts residents.  "Restaurants and bars will want to have strong policies in place--and to follow them--not just to avoid liability but also to avoid large increases in their insurance premiums. The new liquor insurance law should help reduce drunk driving accidents in Massachusetts."

Click here for the full text of the law.

Continue reading "Massachusetts Bars Must Now Carry Liquor Liability Insurance" »

The recent news that more than 200 EMTs in Massachusetts fraudulently obtained re-certification revealed serious safety lapses in the system. We applaud the state's swift move to suspend the EMT licenses and call on the Department of Public Health (DPH) to closely monitor future re-certifications.

An anonymous caller tipped off DPH officials to the EMT scandal when she reported an EMT-paramedic for a private ambulance company had received re-certification without attending the required classes. When state officials investigated, they learned the fraud ran much deeper, touching more than 200 EMTs throughout the state.

The impacted fire departments include Haverhill, Boston, Lexington and Belmont among others. Haverhill had 30 EMT licenses suspended while Boston had 21.

The abuse was most rampant among private ambulance companies. Armstrong Ambulance of Arlington had 41 EMTs working with fraudulent certification while Trinity EMS had 35 EMTs and Cataldo Ambulance of Melrose had 46 EMTs, according to media reports. For Cataldo, the majority of the involved EMTs came from the company's Atlantic Ambulance Service division on the North Shore.

The state suspended most of the EMT licenses for 90 days to nine months. Lexington firefighter Mark Culleton and former Trinity Ambulance paramedic Leo Nault, the instructors involved in the fraud, have been permanently banned from practicing in Massachusetts.

Emergency medical technicians in Massachusetts are required to undergo between 24 and 36 hours of retraining every two years. The training serves as a refresher course and updates EMTs on new medications, techniques and equipment.

"This ongoing training is critical for EMTs because they are called upon to make life and death medical decisions in the field," said Boston medical malpractice lawyer Marc Breakstone. "The Department of Public Health must maintain a zero tolerance policy towards any fraud or misrepresentation regarding the training and qualifications of the front-line medical providers."

In 2001, Breakstone negotiated a $10.2 million settlement for a Massachusetts family whose toddler was left severely brain-damaged by paramedic negligence. There were significant delays in the care. The ambulance crew got lost on the way to the home, forgot the keys to their medical cabinet and later falsified records in an attempt to hide the medical negligence. As a result of that case, the Massachusetts Department of Public Health established guidelines that made reporting of serious medical errors by EMTs mandatory.

For more information, see these articles from The Boston Globe: "Phone Tip Led to EMT Card Scam" and "State Officials Examining EMT Retraining System"

Continue reading "Massachusetts' Zero Tolerance Policy in EMT Scandal Critical for Safety" »

Welcome news today as the Massachusetts Legislature has finally agreed on a new law that will make it illegal to text while driving. Once the bill is signed by the Governor, Massachusetts will be in line with twenty-eight other states that have already outlawed text messaging while driving.

This law comes in the wake of several tragic text message-based accidents. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley collided with another trolley because the driver was texting his girlfriend. In September 2008, a California commuter train engineer missed a stop signal while trading texts with a friend, leading to a train accident resulting in the wrongful death of 25 people. In addition, there have been several high profile motor vehicle wrongful death cases in recent memory which were caused by inattentive drivers who were texting as they drove.

The law has several other public safety improvements. The new law will require that older drivers renew their licenses in person and take an eye exam every five years beginning at age 75. Older drivers were involved in several serious car accidents in 2009 in Massachusetts. Further, the law will forbid anyone under the age of 18 from using a cell phone while driving.

Boston personal injury attorney David White said of the new law, "Distracted driving is a serious safety problem. The use of cell phones and text messaging are two of the biggest distractions for drivers. These new provisions will vastly increase the safety of Massachusetts roadways."

A recent study found that texting while driving makes a person twenty times more likely to get into a car crash or near-crash. The problem is most severe for inexperienced drivers. It is hoped that this new law will raise awareness to this growing epidemic of serious personal injuries caused by careless texting motorists.

 For more information

Boston Globe

Virgina Tech Transportation Institute Research Project

Continue reading "Massachusetts Law Will Ban Text Messaging While Driving" »

It's important to know who's providing your medical treatment and their safety record, but many Massachusetts health care consumers fail to ask the question.

The good news is the information is just a few keystrokes away. The Massachusetts Board of Registration in Medicine offers Massachusetts consumers the Physician's Profile database right online.

Click here to learn more about what you'll find on the Massachusetts physician database and for a link to the site.

Continue reading "Know Your Doctor's Safety Record" »

It's summer and that means it's time to enjoy the pool - and think safety. Each year, thousands of children are injured in drownings and hundreds lose their lives. So enjoy your backyard or community pool this summer, but commit to protecting your children and family.

Keep these safety tips in mind:

• Supervise children at all times. If you're in a group, it's easy to get distracted so consider designating someone a "pool watcher."
• Learn how to swim and teach your children.
• Get CPR training.
• Keep a phone with you at the pool.
• Make sure you have proper rescue equipment and keep it nearby.
• Keep your pool inside a fence at least four-feet tall and secure it with a durable lock when not in use.
• Remember small children can drown in kiddie pools and watch them accordingly.
• Check your pool's drains. Suction from a pool's drain can be powerful enough to trap both children and adults underwater. Do not use any pool or spa with broken or missing drain covers. At community pools, ask the operator if the pool complies with the Pool and Spa Safety Act.

Why it's important:

• Pools were involved in the overwhelming majority of emergency room visits for drownings and submersion injuries from 2006 to 2008 across the country. They accounted for the majority of reported drowning fatalities from 2004 to 2006.
• From 2006 to 2008, there were on average 3,100 pool and spa related emergency department visits nationwide involving drowning injuries.
• Children ages one and two accounted for 62 percent of drowning injuries from 2006 to 2008 nationwide.

For more information on pool safety, visit www.poolsafety.gov.

The statistics from this article come from the Consumer Product Safety Commission and is available here.

Continue reading "Thinking Pool Safety Saves Lives" »

A new federal study found many same-day surgery centers have serious problems with infection control procedures.

The Centers for Disease Control and Prevention visited 68 centers in Maryland, North Carolina and Oklahoma and found 67 percent of the centers had at least one lapse in infection control. Some 57 percent were cited for deficiencies. The patient safety lapses included failure to wash hands, wear gloves and clean blood glucose meters. Clinics also reused medical devices meant for one person. The study did not examine if the lapses led to patient infections.

The study, reported in the Journal of the American Medical Association this week, comes as the nation's 5,000-plus outpatient centers perform more than 6 million procedures and collect $3 billion from Medicare each year.

"This study should be a wake up call to physicians performing relatively minor surgical procedures at walk-in clinics," according to Boston attorney Marc L. Breakstone. "All surgeons must have zero tolerance for lax infection control procedures, which can expose patients to life-threatening infections." According to Breakstone, the risks of serious injury to patients from staph and hepatitis infections are as great in the small center as in the large hospital setting.

The study was prompted by a hepatitis C outbreak in Las Vegas believed to be caused by unsafe injection practices at two clinics. The clinics have been closed.

For more information, read this Boston Globe article about infection control problems at US same-day surgery centers.

Continue reading "Patient Safety Falls Short at Same-Day Surgery Centers, Study Finds" »

If you're a bicyclist, you know safety's first. Knowing the rules of the road and riding defensively are the best ways to protect yourself from harm. But you must also think finances in case of personal injury. Between lost wages and medical costs, the bills can add up fast. Even if a motorist's involved, their car insurance may not cover all your expenses.

There's good news. You can protect yourself financially in a bike accident with a few changes to your own car insurance. The two smartest things a cyclist can do are:

• Purchase adequate amounts of Underinsured and Uninsured Motorist coverage


• Purchase adequate Medical Payments coverage

These coverages are affordable. In fact, you can access up to $100,000 of Medical Payments coverage for just $71! Read on as Boston personal injury lawyer David White shares his advice to cyclists for keeping safe and protecting their wallets.

Click here for full article.

Continue reading "Massachusetts Bicyclists Can Protect Themselves With Car Insurance" »

Maytag Corp. has recalled 1.7 million dishwashers across the United States, citing an electrical failure.The company, which is owned by Whirlpool Corp., issued the recall last week after 12 reports of electrical problems which pose a fire hazard.

Maytag recalled its Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley brand dishwashers with plastic tubs and certain serial numbers. The Consumer Product Safety Commission (CPSC) and Maytag officials say the electrical failures caused by the defective products have caused property damage.

"Product safety is a major concern here because we use our dishwashers daily," said Boston product liability lawyer Marc L. Breakstone. "We advise consumers to immediately stop using the dishwashers and to have them repaired or to replace them as soon as possible."

The 12 electrical failure reports included one case of extensive kitchen damage. No injuries have been reported in Massachusetts or other states.

The CPSC advised consumers to immediately stop using the recalled dishwashers and disconnect the electrical supply by shutting off the circuit breaker or pulling the fuse.

Consumers can obtain free in-home repair of the recalled Maytag dishwashers or a $150 to $250 rebate toward a new model. The Maytag dishwasher recall impacts models priced $250 to $900.

If you suspect your dishwasher's involved in the product safety recall, click here for the full list of serial numbers and for how to obtain a refund or repair.

Continue reading "Product Safety Alert: Maytag Recalls 1.7 Million Dishwashers" »

The Massachusetts Bay Transportation Authority (MBTA) has concluded a three month investigation into a scheme resulting in 200 buses not receiving inspections for mechanical problems and routine maintenance services. The MBTA provides public transportation services to Massachusetts residents throughout the Greater Boston area.

At the close of the investigation, 13 managers were fired for falsifying the mileage records of 200 buses to avoid scheduled inspections. Six other managers received three day suspensions for lesser roles in the scheme. Unless additional information becomes known, the MBTA does not anticipate terminating any other individuals. 

According to MBTA General Manager Richard Davey, the MBTA has mostly caught up with the inspection backlog. Officials also stated that the deferred inspections did not cause any known safety problems or accidents because bus drivers visually inspect the buses before use. The MBTA requires bus inspections every 6000 miles. According to reports, some of the affected 200 buses went over 35,000 miles without inspections.

An anonymous terminated superintendent is claiming that the disciplined managers are taking the fall for a widely recognized policy of pushing off routine inspections and were reacting to pressure from higher management to keep buses in service. He says he is considering legal action against the MBTA.  The terminated superintendent says it is common within the MBTA to treat serious issues immediately but postpone the scheduled inspections if the buses were needed for service due to emergencies or track repairs and that management was aware of this policy.

State Transportation Secretary Jeffrey B. Mullan said several government departments have been notified about the inspection issue and the agency is reviewing whether any criminal or civil laws have been violated by the false records or missed inspections.

For more information on the MBTA inspection issue, see this Boston Globe article. 

Continue reading "Scheme at the MBTA Results in Buses Going Uninspected" »