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Personal Injury Law Firm Burns & Jain Injury Blog

We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.

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Massachusetts Lead Paint Injuries

Massachusetts was awarded $7 million this month to aid in the removal of lead paint from the US Department of Housing and Urban Development (HUD) The Lawrence lead paint removal program was given $3.1 million with the rest divided between Somerville and Brockton. The HUD lead program is designed to assist in the clean up of homes, train workers in safety methods and to increase public awareness in Massachusetts childhood lead poisoning. Banned since 1978, lead paint remains on the walls of approximately 24 million older homes in the US.

Massachusetts Board Of Bar Overseers Admonitions 2008 – 2010

The Boston personal injury lawyers at the Law Office of Neil Burns studied all 57 Massachusetts Board of Bar Overseers public admonitions from 2008-2010, looking for trends. The more severe penalties for Massachusetts lawyers – suspension and disbarment – can only be imposed after review by the Massachusetts Supreme Judicial Court. They are reserved for the most serious violations. We will review Massachusetts disbarment and suspension in a subsequent article. The most severe punishment that the BBO can mete out is the admonition. As we’ll see, lawyers can rack up an admonition for a frighteningly wide range of behaviors – even sometimes when acting in good faith.

Ten Winter Driving Tips for Massachusetts Drivers

Whether we like the weather or not, winter conditions make for more dangerous and more variable conditions on Massachusetts roads. Unfortunately, motor vehicle accidents can occur more often. We have taken some of the driving safety tips from the Massachusetts Department of Transportation and the Washington State Department of Transportation to give Massachusetts drivers winter driving safety tips.

Consumer Product Safety Website for Massachusetts Consumers

A new website being launched by the federal Consumer Product Safety Commission will be available for Massachusetts consumers. Called saferproducts.gov, the website is geared toward consumers who want safety information quickly – not after the CPSC has undertaken laborious studies. Consumers can publish complaints and manufactures can respond immediately.

New Massachusetts Snow and Ice Law Effects

The new Massachusetts snow and ice law is working. In a case decided by the Appeals Court this past week, the Court followed the new law regarding negligence for snow and ice injuries. In this case, the plaintiff was injured when she fell outside a condominium complex on snow and or ice. She sued the condominium association but her case was thrown out by the Trial Court Judge because, under the law at the time, there was no proof that the fall was not the result of a natural accumulation of snow and ice. Following that, the Supreme Judicial Court decided Papadopolos v. Target which eliminates any distinction between natural and unnatural accumulations of snow and ice. The standard for landlords now owe lawful visitors reasonable care to protect them from hazards.

Massachusetts Personal Injury Victims Win Unfair Claims Settlement Against Insurance Companies

In a recent case in which a victim of a horrific motor vehicle collision in Medway sued the negligent truck driver that rear ended her, the Appeals Court found that the insurance companies have an obligation to make a reasonable settlement offer no matter what the demand. This case reassures victims of motor vehicle accidents and other personal injuries that insurance companies must make reasonable offers of settlement.

Massachusetts Victims of Legal Malpractice Get Emotional Distress Damages

Traditionally, victims of legal malpractice cannot get money damages for emotional distress. You are entitled to the damages you would have received had your lawyer not been negligent, the extent of the damages you can receive; the “reasonable and foreseeable losses” of the underlying case. See Fishman v. Brooks 396 Mass 643 (1986). That is, notwithstanding the stress you undergo after you find out your lawyer was negligent; you do not have any extra damages. There are, of course, possible exceptions to this rule. If the result of the malpractice was incarceration, false imprisonment, or being confined to a mental hospital as a result of the legal malpractice, there can be money damages against an attorney for emotional distress. For the full case, see Wagenmann v. Adams 829 F. 2d 196 (1987), in an extremely well written, and, frankly, entertaining decision, by Judge Selya, of the First Circuit. In Massachusetts, to prove intentional infliction of emotional distress, we must show three things:

Massachusetts Traffic Safety Award for Distracted Driving Study

As motor vehicle accident lawyers, we try to focus our blogs on safety and consumer information as much as we can. So, when a University of Massachusetts physics professor wins a traffic safety award, we want to bring it to the attention of our clients. Dr. Marguerite Zarrillo, a surface transportation engineering professor at U Mass Dartmouth, has undertaken research on distracted driving.

Claims Against MBTA Are Now Within Massachusetts Tort Claims Act

Personal injury lawyers note that a change in the MBTA law will harm victims of accidents on the T, including bus accidents in Massachusetts. In an attempt to help the fiscally troubled MBTA, the Massachusetts Legislature amended the Massachusetts Tort Claims Act to bring the T within the scope of the Act. Among the many ramifications this has, it allows the T to escape interest on judgments; the Commonwealth, its agencies, cities and towns of Massachusetts do not have to pay interest on judgments.

Safe Holidays for Massachusetts Drivers and Consumers

The Law Office of Neil Burns wishes our clients and friends a happy and safe holiday season. With motor vehicle injuries and deaths down, we remind folks that staying safe while driving in Massachusetts is critical. Drive and cross defensively, especially in intersections; when you have a green light or a crosswalk be sure to look before you enter; your permission to enter does not stop a negligent driver. Be careful about leaving things in your vehicle when parked. Brown University Police point out that where you park and what you leave in your vehicle could help too. Holiday safety of course includes extra care around flammable Christmas trees and their associated lights. For children’s presents, Massachusetts Eye and Ear reminds you to avoid toys that shoot, fly or have sharp edges and suggest looking for the ASTM label; also, they remind us to give protective eyewear when giving sporting gifts.