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November 2012 Archives

U Mass Student's Death From Fall Ruled an Accident

A student at University of Massachusetts died after falling while walking with friends on November 16.

Her death has now been ruled an accident, after investigators looked into the cause, reports The Associated Press.

The woman, who remains unidentified out of respect for her family, suffered head injuries after falling on Fearing Street while walking with friends. According to reports, she had been drinking prior to the fall.

30 Children a Day Visit ER for Bounce House Related Injuries

Bounce houses might look fun for children, but they come at a risk. Unfortunately, many people don't stop and think about the risk before erecting one of these structures. The Associated Press reports that 30 children a day are treated in emergency rooms in the United States, after roughing it in a bounce house.

If you don't have kids, you might be unfamiliar with the concept. A bounce house is an inflatable play area. It can come in many forms, such as a princess castle, a slide, a basketball court. But the it's essentially an inflatable box in which kids play.

Sounds harmless, right?

Columbia Gas Helping Mitigate Damages After Gas Explosion

Despite the fact that human error was blamed for the gas explosion in Springfield last Friday, the president of the gas company is saying that the employee involved followed proper procedure and protocol.

The Associated Press reports that Steve Bryant, president of Columbia Gas Co., claimed that the employee ordered an appropriate evacuation of the building.

Don't Make this a Different Kind of 'Black' Friday!

Starting today, the Thanksgiving holiday weekend begins. Bostonians will close their computers at work, head home and enjoy a weekend of knowing that Massachusetts law prohibits employees from working on Thanksgiving .

Then comes Black Friday. The shops open at midnight, people line up outside and the mayhem begins.

While mall owners are prepping themselves for the crowds, they should also be arming themselves for the liability involved, as we discussed in our Boston Real Estate Law Blog.

But seeing as the concepts are so intrinsically tied to personal injury (premises liability is one of those cross-over issues), it merited a discussion on this blog.

Family Sues After Stowaway Teen Fell Out of Airplane Wheel

While this lawsuit is happening in Charlotte, North Carolina, the bizarre events leading up to this case took place in Boston. At least partially.

Boston was where the teen's body was found. The teen is the subject of this wrongful death lawsuit, as his body fell out of a plane that was Boston-bound, back in 2010.

Sounds like a straightforward airplane negligence lawsuit, doesn't it?

Good Samaritan: Natick Woman Rescues Teen in Fire

Nobody ever gets tired of talking about Massachusetts and the Good Samaritan laws. This might be because Seinfeld’s infamous finale took place in Massachusetts.

Nevertheless, a Natick story of heroism merits another discussion into this law.

Last week, Laura Majkut of Natick pulled her 15-year-old neighbor out of a burning second-floor apartment at 3 Franklin St.

Woman Falls on Tracks at Andrews MBTA Station

Are Boston area subways unsafe for passengers?

Falling onto the rails of a subway would be a petrifying experience. A 44-year-old woman had to suffer through several minutes of sheer fear as she walked into a subway pit at the Andrews MBTA station on Monday afternoon.

Luckily for the woman, she escaped unharmed. Well, relatively unharmed. She was taken to Boston Medical Center with a minor leg injury.

Tufts Student in Critical Condition After Getting Hit by Car

Police in Somerville are looking for answers in a pedestrian crash that left a Tufts student in critical condition on Thursday night.

The 21-year-old student has been taken to Massachusetts General Hospital. He was critically injured after crossing Power House Boulevard at Packard Avenue, reports WHDH News.

The driver of the vehicle that hit the student is a mother. She had her three children in the car at the time of the accident.

Mass. Woman Sues N.H. City for $750K Over Ankle Injury

A New Hampshire city is being sued in a personal injury matter involving a woman's ankle injury, reports Sea Coast News.

Mary Reed of Rockport, Mass., is suing the city of Portsmouth, N.H., after she stepped into a hole in a city park. She is suing the city for $750,000.

Reed alleges that she was taking a stroll through the park to get a closer look at a statue in June 2011.

Regulators Ban NECC's Pharmacists From Working

We've talked before on this blog about the claim of negligent hiring. We've also talked about the Framingham pharmacy and the meningitis outbreak.

But we've never talked about the two together.

First off, we'd like to make it clear that the New England Compounding Center (NECC) is not being sued for negligent hiring or negligent supervision of employees. At least not that we're aware of.

However, such a claim might not be far off, especially now that Massachusetts regulators have come down on the NECC and ordered all of its pharmacists and pharmacy technicians to stop working.

Legal Lessons Learned From Penn State, Boy Scout Scandals

If you've been following the Penn State scandal, then it might come as no surprise to you that former university president Graham B. Spanier has been charged with eight criminal counts, The Philadelphia Inquirer reports. Tim Curley, Penn State's former athletic director, and Gary Schultz, a former senior vice president, were also charged.

Jerry Sandusky, Penn State's former assistant football coach, was convicted of more than 40 counts of child sex abuse. He is now serving 30 to 60 years in prison.

What legal lessons can be learned from the scandal?