Boston Snow and Ice Attorney Offers Winter Advice
The news around town this week focuses on winter storms, roof collapses and snow. And more snow. Keeping safe in winter involves a multiplicity of venues. First, driving:
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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.
Read MoreMassachusetts 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.
Read MoreClaims 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.
Read MoreSafe 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.
Read MoreMassachusetts Auto Accident Lawyer Urges Reforms on Drunk Driving
The feds, the local media, and Boston car accident lawyer Neil Burns are criticizing the leniency in Massachusetts laws regarding drunk driving. According to the National Transportation Safety Board, Massachusetts, and 9 other states, lag behind other states in enacting measures to prevent alcohol related motor vehicle collisions. The NTSB Most Wanted List includes elimination of “hard core” drinking while driving as one of its main targets for improvement for states.
Read MoreFour Loko Ban in Massachusetts
The Massachusetts Alcoholic Beverages Control Commission plans to file for an emergency regulation to stop the sales of alcohol energy drinks that contain stimulants. The popular drink Four Loko is marketed as “premium 24 ounce caffeinated alcohol beverage.” The problem seems to be that it has a lot of alcohol (12%), a lot of caffeine (135 milligrams), and a fruity taste not associated with either alcohol or caffeine. The packaging makes it look like a fruit drink. Emergency Room doctors who have seen patients who overdose on Four Loko say that the caffeine hides the effect of the alcohol, leading young folks to drink too much and resulting in bodily failures. Massachusetts motor vehicle accident attorneys urge everyone to use extreme caution around this drink, to avoid it before driving or undertaking any other action of responsibility, and, frankly, to simply avoid it.
Read MoreTexting Ban to go into Effect in Massachusetts
On October 1, 2010, the new law on texting while driving will go into effect. The Safe Driving Act, enacted by the legislature in June and signed into law by Governor Patrick on July 2, 2010, makes Massachusetts the 29th state to ban texting while driving. The fine is $100 for adults but $100 plus 60 days loss of license for juniors; the fines and time loss of license increases with each offense. The law forbids all drivers under the age of 18 to use cell phones. We have previously published an article on texting while driving.
Read MoreMassachusetts Drivers Warned That Perception of Alcohol Recovery Does Not Match Science
We often represent victims of collisions which are the result of drunk driving. In a recent study undertaken by Dr. Peter J. Snyder at Lifespan, an organization associated with Brown University Medical School in Rhode Island, it was shown that young drivers often “feel” that they are recovering or recovered from intoxication, however, objective test results show that that “feeling” is a “poor indicator of sobriety and the ability to operate a motor vehicle.”
Read MoreMassachusetts Parents Should Warn Teenagers About Hearing Loss
Boston personal injury attorney Neil Burns reports that significant results from research at Massachusetts Eye and Ear Infirmary and the Brigham and Women’s Hospital show that the percentage of teenagers, 12-19, with hearing loss has increased. The study, reported in the Journal of the American Medical Association (AMA) found that 14.9% of teenagers in 1998-1994 had some form of hearing loss while there were 19.5% in the recent study, from 2005-2006.
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