May 2010 Archives

May 28, 2010

Massachusetts Seat Belt Safety

Massachusetts seat belt use was 67% in June 2008, and in an effort to get Boston and Massachusetts residents to increase seat belt use, Massachusetts has launched the spring mobilization effort of Click It or Ticket. Seat belts reduce the risk of death or serious injury in a motor vehicle collision by up to 50%, and the Boston Law Office of Neil Burns wants Massachusetts residents to stay safe and help promote highway safety by buckling up.

The goal for Massachusetts 2010 is to increase seat belt use. Nationwide seat belt use was 83% as of 2008. Massachusetts law requires all occupants to be properly restrained by safety belts when riding in a private passenger motor vehicle, including vans and trucks. Learn more about the Massachusetts Safety Belt Law as well as the Massachusetts Child Passenger Safety Law by following the links as cited.

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May 26, 2010

Massachusetts Residents Should Monitor Salt Intake for Better Health

A report by the Institute of Medicine is good advice for Boston residents. Noting that Massachusetts and "The vast majority of the U.S. population is consuming sodium at levels that are simply too high to be safe," the report called on the Food and Drug Administration to mandate maximum levels of sodium in food. While the attorney's at the Law Office of Neil Burns help Boston area residents hurt in car accidents, slip and falls, and other personal injuries, we, at the same time, always strive to help keep Boston and Massachusetts area residents informed of safety tips for healthier lives.

The report also noted that elevated sodium intake contributes to high blood pressure, which can lead to heart disease and other health problems. Thus, it recommended that a federal effort to cut salt in the food people eat could prevent 100,000 deaths a year. Salt is currently considered a safe food ingredient, and there is no limit to how much of it companies can put into their products.

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May 25, 2010

Fast Food Toys Banned at McDonald's

In a continued effort to advise Boston and Massachusetts parents of trends affecting their children, the Boston Law Office of Neil Burns is posting this article regarding fast-food toys, like those found at McDonald's, being banned in San Francisco. Since 1985, the attorneys at the Law Office of Neil Burns have represented children injured in accidents. We always seek to provide information to help keep children in Boston and throughout Massachusetts safe and healthy.

The Board of Supervisors in Santa Clara County, south of San Francisco, California, recently voted to ban the promotional toys that often accompany children size portions of certain meals if those meals do not meet certain nutritional standards. The criteria used for the nutritional standard is based on federal standards and recommendations from the nonprofit Institute of Medicine.

The law is the first of its kind. It is intended, says Board member Ken Yeager, to level "the playing field by taking away the incentive to choose fatty, sugary foods over healthier options." Now, restaurants can give away toys with meals so long as those meals do not contain excessive calories, sodium, sugar or fat.

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May 24, 2010

May is Safe Jobs for Youth Month

Boston residents recently came together to stem the tide of Massachusetts Child Labor Law violations, work-related injuries, and deaths at a conference organized by youth leaders from the Community Action Agency of Somerville (CAAS) and the Teens Lead at Work program at MassCOSH (the Massachusetts Coalition of Occupational Safety and Health). The attorney's at the Boston office of the Law Office of Neil Burns want Massachusetts children to stay safe. The Law Office of Neil Burns can help if your child is injured or hurt in an accident.

With summer just around the corner and tens of thousands of young people entering the workforce in Massachusetts, Governor Deval Patrick has proclaimed May "Safe Jobs for Youth Month" to focus attention on preventing child workplace injuries and deaths.


Since 2000, according to MassCOSH, eight teens in Massachusetts have been killed at work, many doing jobs prohibited under the Child Labor Laws. Each year, an estimated 1,000 minors in Massachusetts are treated in emergency rooms for work-related injuries. While workers, in general, can be exposed to many hazards on the job that can result in injury, illness, or even death, young workers are at increased risk. They are sometimes asked to perform tasks for which they lack the size, strength or experience. As new workers, they are also often unfamiliar with workplace hazards, ways to avoid injuries, and their rights as workers.

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May 23, 2010

Should Massachusetts Ban Cellular Phone Use While Driving?

Massachusetts statistics cited by the National Safety Council in its recent editorial regarding banning the use of cellular phones while driving; distraction is a problem in a large percentage of crashes. The Boston injury attorneys at the Law Office of Neil Burns has experience in cases where distracted drivers have caused car accidents where serious personal injury results. The Law Office of Neil Burns has represented Boston and Massachusetts area residents injured as a result of distracted drivers.

The National Safety Council demonstrated that distracted driving is a lethal problem. The National Safety Council estimates that a quarter of all crashes in the United States -- 1.4 million crashes, with 645,000 injuries -- involve cell-phones. Distracted driving kills 6,000 people a year nationwide, with cell-phones being the likely culprit in more than 40 percent of all fatalities.

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May 21, 2010

Massachusetts 93A Damages Against Insurer

Massachusetts' Boston Municipal Court, Appellate Division, recently held that a Massachusetts insurance company cannot be held liable under Massachusetts General Law Chapter 93A when it refuses to pay a medical bill submitted under the PIP portion of an automobile insurance policy when the treatment associated with the bill is not "reasonably clear." The attorney's at the Boston Law office of Neil Burns can help if you are injured in a car accident. The details as described below show there are many details involved in filing a personal injury. The Boston lawyers at the Law Office of Neil Burns can help.

The case involved the defendant, Commerce Insurance Company, who the injured plaintiff charged with violating Massachusetts General Law Chapter 93A, when Commerce Insurance refused to pay the injured plaintiff's $250 medical bill. The Court affirmed the lower court's decision dismissing the case because it found that under the circumstances, the insurer acted reasonably.

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May 11, 2010

Victims of Wrongful Death in Massachusetts

Massachusetts Wrongful Death Laws allow for recovery against people who are negligent, people who cause death by "willful, wanton or reckless" conduct, against common carriers, and against corporations for defective products. In 25 years of practicing law in the Commonwealth of Massachusetts I have seen far too many wrongful death cases.

In all wrongful death cases, the executor or administrator of the estate must be the party bringing the claim and filing the lawsuit on behalf of the family. Therefore, seeking appointment in the Probate Court is a critical first step.

Who can recover? Absent a will, there are clear laws as to who can recover against a wrongdoer. If there is a spouse and no children, the spouse recovers. If there is a spouse and one child, the spouse receives one half of the recovery and the child share the other half. If there is a spouse and more than one child, the spouse receives one third of the recovery. Of course, it gets more complicated if there is no spouse or children. To further complicate a wrongful death case, distribution is not necessarily awarded based on the law outlined above; a jury can allocate monetary compensation in any proportion supported by the evidence.

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May 8, 2010

Massachusetts Motor Cycle Safety For Residents Over 55

In Massachusetts, and played out at Boston Medical Center where such injuries are treated, the rate of motorcycle-related deaths and injuries among 55- to 64-year-olds has surged fourfold from 1998 through 2007, according to the Massachusetts Department of Public Health, located in Boston -- the largest increase among all age groups. The second-largest jump was among the 45- to 54-year-old segment, which saw a more than 50 percent increase. The Law Office Neil Burns helps those injured in motorcycle accidents recover from the devastating economic loss that often accompanies serious personal and motorcycle injury.

A study was recently conducted by staff at the University of Rochester, and while the study didn't delve into the reasons for increased risks to older riders, one of the study's authors noted that the higher stakes are likely due to the body's overall reduced resources for withstanding injuries as we age, from thinning bones to less resilient tissue. Older riders are also likely to carry more medical baggage -- such as cardiac problems and diabetes -- and to be taking medications, such as blood thinners, that can complicate injuries.

Those conclusions jibe with what Dr. Jonathan Olshaker routinely sees at Boston Medical Center, where he is chief of emergency medicine. Particularly common, Olshaker said, are head traumas -- injuries that Gestring and his colleagues also found were more prevalent among older riders.

"The blood vessels over the surface of the brain, as you get older, they stretch more, and these vessels are what cause most of the brain injury because they are more susceptible to tearing under the force of injury,'' Olshaker said.

One factor older and younger riders may have in common is helmet use. Helmet laws vary from state to state -- Massachusetts requires them, but New Hampshire does not. Some riders say they eschew the gear because helmets block their peripheral vision.

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May 5, 2010

Massachusetts Workplace Safety and Deaths

Boston's Massachusetts Coalition for Occupational Safety and Health, and the Massachusetts AFL-CIO, located in the Boston suburb of Malden, have recently released a report documenting that sixty-two people died from work-related causes last year. The workplace injury attorneys at the Boston office of Law Office Neil Burns know that safety is the first step in preventing personal injuries and avoiding work related deaths.

The groups are advocating for stronger workplace protections for Massachusetts workers. Industrial accidents, motor-vehicle crashes, workplace falls, and disease brought on by working conditions were among the causes for deaths Massachusetts workers.

The report comes in the wake of this month's tragedies at a West Virginia coal mine and on an oil rig in the Gulf of Mexico. While Massachusetts work-related deaths are down from 81 in 2004, union leaders and others hope national attention on workplace safety will spur more protective regulations for workers and tougher penalties against employers who endanger them.
"Unfortunately, it often takes a disaster to draw attention," said Marcy Goldstein-Gelb, executive director of the Massachusetts Coalition for Occupational Safety and Heath, which puts out the annual report with the Massachusetts AFL-CIO.

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May 3, 2010

Massachusetts Auto Safety Bill For Right to Repair

The Massachusetts legislature, sitting in Boston, leads the nation in protecting Massachusetts motorists' safety and economic interests through the legislature's efforts to advance the Right to Repair Act at the state level. Boston personal injury attorney Neil Burns knows that "reducing car accident injuries always starts with increasing ways to be safe."

The Massachusetts Motor Vehicle Owners' Right to Repair Act (S2268) would guarantee equal access to automotive repair information and safety bulletins for independent repairers and their customers. The Massachusetts Right to Repair bill was introduced by state Sen. Stephen J. Buoniconti, D-West Springfield and Rep. Garrett J. Bradley, D-Hingham.

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May 3, 2010

Massachusetts Auto Safety Bill For Right to Repair

The Massachusetts legislature, sitting in Boston, leads the nation in protecting Massachusetts motorists' safety and economic interests through the legislature's efforts to advance the Right to Repair Act at the state level. Boston personal injury attorney Neil Burns knows that "reducing car accident injuries always starts with increasing ways to be safe."

The Massachusetts Motor Vehicle Owners' Right to Repair Act (S2268) would guarantee equal access to automotive repair information and safety bulletins for independent repairers and their customers. The Massachusetts Right to Repair bill was introduced by state Sen. Stephen J. Buoniconti, D-West Springfield and Rep. Garrett J. Bradley, D-Hingham.

Following passage by an overwhelming majority in the Joint Committee on Professional Licensure, the Right to Repair Act is awaiting a senate floor vote before proceeding to the House. The pending legislation has the support of an impressive array of Massachusetts organizations including AAA of Southern New England which has over two million members. By requiring that car companies make safety and repair information available to all repair shops, the Right to Repair Act ensures that motorists, and not the manufacturers, determine where, how and by whom their vehicle is serviced and repaired to keep it in safe working order.

Today, vehicle manufacturers are not required to share repair information and technical service bulletins about safety problems and recalls with car owners and their neighborhood repair shops. There are more than five million cars registered in Massachusetts alone, and it make sense to pass the Right to Repair Act so that all repair shops have access to the same safety and repair information.

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May 1, 2010

Getting in Touch with Your Massachusetts Attorney

The Massachusetts Board of Bar Overseers, sitting in Boston, issued the following ruling regarding a licensed Massachusetts attorney on May 3, 2010. The ruling involved an attorney not responding to a client and failing to pursue a client's claim with diligence. The Boston attorney's at the Law Office of Neil Burns field repeated inquiries regarding potential attorney malpractice and attorney's responsibility to their clients. This case of discipline is an example of the requirements Boston and all Massachusetts attorneys must follow with respect to their clients.

In this case, the attorney met with a client regarding her collections matter in December of 2008. At that time, he placed a call to the debtor corporation and sent a demand letter on behalf of the client. At the end of this meeting, the attorney prepared a contingency fee agreement for the client and agreed to file a complaint on her behalf and pursue all legal action required to collect the debt. Within the month, the client signed and returned the fee agreement by mail. Unfortunately, the attorney took no further action of substance on behalf of the client.

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