Connell & ForestaAndover MA Personal Injury Lawyer | Lawrence Car Accident Attorney | Newton Slip & Fall2024-03-15T19:24:58Zhttps://www.connellforestalaw.com/feed/atom/WordPressOn Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=487052024-03-12T19:26:13Z2024-03-15T19:24:58ZFixing leaks
Leaking pipes, roofs or faulty plumbing systems are common issues in commercial properties. When business owners ignore these leaks or delay repairs, they are creating hazardous conditions that can result in slippery surfaces. Wet floors due to leaks are a major cause of slip-and-fall accidents in businesses. For example, restaurants, retail stores and office buildings. Negligent business owners not only jeopardize the safety of their customers and employees but also open themselves up to potential damage to their business's reputation.
Business owners should regularly inspect their establishments for any signs of leaks. These include water stains, dampness or standing water. If leaks become detected, business owners should have them fixed immediately. Ignoring leaks or delaying repairs can lead to more significant water damage and increase the risk of slip-and-fall accidents. The Centers for Disease Control and Prevention says that 20% of falls cause serious injuries, such as head injuries and broken bones. This highlights the importance of fall prevention.
Other strategies to prevent falls
In addition to fixing leaks, business owners should implement safety measures to prevent slip-and-fall accidents. This can include installing slip-resistant flooring in high-traffic areas, placing warning signs around wet floors and promptly cleaning up any water spills. Proper training for employees on how to respond to leaks and spills can also help prevent accidents from occurring.
By taking proactive steps to address leaks and maintain a safe environment, business owners can protect the well-being of their customers and employees. It is important for business owners to prioritize safety and take the necessary precautions to prevent accidents from happening in their establishments.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=487042024-02-27T20:12:18Z2024-03-01T20:11:53ZTraffic rules and violations
Authorities examine whether any driver involved violated traffic rules or regulations leading up to the collision. Running red lights, speeding or failing to yield are common violations that can help determine fault.
Eyewitness accounts
Eyewitnesses play an important role in the investigation. Their statements help create a timeline of events that occurred before the crash. These accounts provide valuable perspectives that aid in understanding what led to the incident.
Police reports
Law enforcement officers who respond to the scene compile detailed reports. These reports include observations, interviews and their assessment of the situation. Such documents help determine fault based on their professional judgment.
Vehicle damage and skid marks
Examining the extent and pattern of vehicle damage provides insights into the dynamics of the collision. Skid marks can show if a car suddenly slammed on the brakes or swerved, which helps investigators figure out what happened during the crash.
Traffic camera footage
In areas equipped with surveillance cameras, the footage is carefully examined to get an accurate view of the incident. Video evidence can be particularly valuable in piecing together the moments leading up to the crash.
Weather and road conditions
Investigators evaluate external factors, such as weather and road conditions. Slippery roads due to rain or snow, for instance, could contribute to a wreck. Assessing these conditions helps determine if they played a role in the incident.
By carefully examining these elements, authorities can establish a clear understanding of what happened and who is at fault for a multi-vehicle collision.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=487032024-02-15T22:24:01Z2024-02-16T22:23:53ZMisinterpretation of results
One of the primary dangers of these errors is the potential for misinterpretation. Healthcare providers rely on lab results to make informed decisions about patient care. If the results are wrong or inaccurately reported, it can lead to incorrect diagnoses or inappropriate treatments.
Delayed or incorrect treatment
Lab result errors can also result in delayed or improper treatment. For example, if a patient receives a false negative for a serious condition, such as cancer, they may not receive timely treatment, allowing the disease to progress unchecked. Conversely, a false positive could lead to unnecessary treatments or procedures, causing undue harm to the patient.
Compromised patient safety
Compromised patient safety is another concern. Inaccurate lab results can lead to medication errors, surgical complications or other adverse events that jeopardize the well-being of patients. This not only impacts individuals but also erodes trust in the healthcare system as a whole.
Legal and ethical implications
Lab result errors can also have legal and ethical implications. If a patient suffers harm due to an error in their lab results, it may lead to allegations of medical malpractice or negligence. Healthcare providers must ensure the accuracy of diagnostic tests and communicate results effectively to patients.
Being proactive in your healthcare and staying informed about your test results are necessary steps in preventing and addressing lab result errors.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=487022024-02-14T19:54:11Z2024-02-16T19:51:35ZTips for building a successful premises liability lawsuit
What you have to show in your premise liability case is going to depend on your relationship with the property and its owner. For example, if you were trespassing onto the property when you were injured, then it’s going to be very difficult to show that you should be awarded compensation. If, on the other hand, you were invited onto the property, then the property owner owed you a duty of care to ensure that the premises was free from hazardous conditions or that you were warned of those dangers.
Much of the focus, then, is on the hazardous condition itself and the steps that the property owner took to identify and correct them. A jury will consider whether the property owner took reasonable and timely action to protect you from the hazardous condition and remedy it, so they might find the following evidence compelling:
Surveillance footage: If you were injured in a store or somewhere else that has security video, then gaining access to those recordings could be crucial to your case. They can show how long it took the property owner to identify the hazard, warn others on the property, and mitigate or eliminate the danger. This can address the reasonableness aspect of your case. It can also show the accident itself, thereby painting a vivid picture of your accident’s severity.
Witness testimony: If you can’t turn to video evidence, then you might need to seek out witnesses who saw the hazard and can help establish a timeline.
Photographs of the scene: After your accident, you should try to take pictures of the accident scene. This will show whether the property owner took any action to warn you of the condition as well as how obvious the danger should’ve been. If you’re unable to take these pictures, maybe a friend or family member who was with you or who can get to the scene quickly can assist.
Historical complaints: If you can get your hands on prior complaints filed against the property owner, then you could uncover a pattern of dangerous conditions that go unchecked. This can be powerful evidence in your premises liability lawsuit.
Don’t skimp on building your premises liability claim
The outcome of your premises liability lawsuit can dictate what your recovery looks like for a long time to come. Knowing that, be diligent in gathering evidence and crafting your legal arguments. While it might be stressful to think about and carry out, doing so will give you peace of mind and a better shot at securing the future that you want for yourself.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=487012024-01-29T20:56:44Z2024-02-02T20:56:36ZUnderstanding SSD eligibility
To qualify for Social Security Disability benefits, individuals must meet specific criteria set forth by the Social Security Administration. One primary requirement is the inability to engage in substantial gainful activity due to a medical condition expected to last at least one year or result in death. The SSA defines SGA as earning over a certain monthly amount, which gets adjusted annually.
Trial work period
The SSA offers a Trial Work Period during which recipients can test their ability to work without risking their benefits. During the TWP, recipients can earn income and still receive their disability benefits. The TWP typically consists of nine months within a rolling 60-month period.
Substantial gainful activity
While earning income, recipients must be cautious not to exceed the SGA limit, as doing so may result in the cessation of benefits. In 2024, the SGA limit stands at $1,550 per month for non-blind individuals and $2,590 per month for blind individuals. If a recipient's earnings surpass these thresholds, it could trigger a review by the SSA to determine if they are still eligible for benefits.
Work incentives and support programs
The SSA provides various work incentives and support programs to encourage recipients to return to work without fear of losing their benefits. Programs such as the Ticket to Work program and vocational rehabilitation services offer resources and assistance to individuals navigating the transition back to work.
Understanding these rules can help recipients make informed decisions about their employment options while ensuring they maintain their much-needed benefits.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=487002024-01-19T08:19:04Z2024-01-19T08:19:04Zmerchandise displayers and window trimmers take the most time off for injury or illness. The study looked into which occupations had the highest percentage of cases where six days or more were taken off, revealing that merchandise displayers and window trimmers took the most time off with 1,420 cases in 2022. Of those cases, 1,260 (88.73%) involved six or more days off work, and 290 involved 31 days or more.
Flight attendants had the second-highest percentage of long days off due to injury or illness. Of the 9,450 cases flight attendants had in 2022, 84.6% were cases where the workers took six or more days off.
Third place went to food processing, where 3,200 cases involved taking six or more days off.
How long exactly can you take a day off for a work-related injury or illness?
In Massachusetts, as in many other states, workers' compensation laws are in place to protect employees who are injured on the job. These laws provide various benefits, including medical treatment and compensation for lost wages.
The nature and severity of a worker’s injury or illness determines how long a worker can take time off and still receive benefits.
Temporary total incapacity benefits: These benefits are for employees who can’t work for five or more full or partial calendar days. While this benefit continues for as long as the disability lasts, there’s a 156-week statutory limit.
Partial incapacity benefits: These benefits are for employees who can still work despite their injuries or illness, but their condition leads to a lower earning capacity. These benefits last for up to 260 weeks.
Permanent and total incapacity benefits: If an employee is permanently and totally unable to do any kind of work due to their work-related injury, they may be eligible for these benefits. These benefits can potentially continue for the duration of the disability, often up to retirement age.
There are specific rules and conditions that apply to each type of benefit. The actual duration of time off work for a work-related injury will depend on the medical evidence, the employee's recovery progress, and the application of the law to the specific case. If you’re an injured worker and you have questions about your benefits, consider approaching a legal professional. A workers’ compensation attorney can help you understand your rights and the benefits you have under law.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=486992024-01-05T17:38:55Z2024-01-05T17:38:55ZHow is snow and ice on vehicles dangerous?
The average annual snowfall for Massachusetts is 49.5 inches. While you probably know that snowy roads are dangerous, you may not realize that snow-covered cars also contribute to accidents. Sudden snow dislodgment while driving can block visibility for the driver or other vehicles, potentially causing collisions. Icy patches falling from vehicles also pose threats to following traffic, creating hazardous road conditions.
To prevent accidents caused by snow buildup, drivers must take proactive measures. Regularly clearing snow from all vehicle surfaces, including the roof, hood and trunk, is necessary. Keeping side mirrors and lights free from snow and ice also contributes to safer driving conditions.
Using a broom to remove snow and ice from vehicles gives you a longer reach than if you use ice scrapers. Be sure that you also remove any stuck-on precipitation from your windshield and windows. You must have an unobstructed view to drive legally.
Does Massachusetts follow Jessica's Law?
New Hampshire enacted Jessica's Law in response to a tragic incident where Jessica Smith lost her life due to ice dislodging from a vehicle in 1999. A nine-foot long piece of ice dislodged from a semi-truck, hitting a nearby box truck. The box truck then hit Jessica's car, killing her.
Jessica's Law, which went into effect in 2002, emphasizes addressing dangers from snow-covered vehicles, requiring drivers to clear snow and ice before driving. The law aims to enhance overall road safety during winter, making it essential for drivers to fulfill this responsibility.
Massachusetts has not adopted Jessica's Law, although several other states have. The state does follow the principle set forth in this law.
What happens if you do not remove ice and snow from your car?
Drivers neglecting to clear snow and ice from their vehicles may incur penalties, with penalties ranging from $40 citations to $200 fines. Repeat offenses can escalate consequences.
Excess snow and ice can possibly result in criminal liability if the buildup flies off your vehicle and causes an accident or damages other cars.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=486982023-12-21T19:32:58Z2023-12-22T19:32:50ZChecking identification
Those who choose to entertain must verify that anyone they serve an alcoholic drink to is of age. This simple step can reduce the risk of a still-forming mind from causing a tragic wreck.
Monitoring alcohol consumption
Anyone providing spirits should keep a close eye on the alcoholic intake of others. According to the Mayo Clinic, 39% of men and 24% of women are at risk for heavy drinking on New Year's Eve. Wisdom demands their servers actively encourage moderation and provide non-alcoholic alternatives. They should also offer snacks that slow alcohol absorption and mitigate its effects.
Recognizing signs of intoxication
When someone appears overly tipsy, the hosts must take appropriate measures. Proactive decisions may include arranging transportation or finding a sober friend to prevent the person from getting behind the wheel.
Having a plan for intervening
Dealing with boozy partygoers can be tricky, as refusing to hand over car keys sometimes triggers an unfavorable reaction. Keeping an intoxicated person from hitting the road could require the involvement of friends and family or, in extreme cases, assistance from local authorities.
Anyone hosting a party assumes the obligation of creating an environment that prioritizes the safety of everyone who attends. Those who do not could find themselves defendants in a serious lawsuit.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=486972023-12-20T21:08:03Z2023-12-15T21:00:02Zemphasized by recent statistics from AAA Northeast saying fatal accidents involving teens are at their highest level since 2008. Not only is this worrisome for the teen drivers, but everyone from fellow drivers to passengers, pedestrians and bicyclists should be wary. After an accident, people will be confronted with a litany of concerns they will need to overcome.
Know the common denominators with teen auto crashes
The most recent comprehensive statistics were from 2022. That year, Massachusetts had 49 road fatalities in which a driver between the ages of 16 and 19 was involved. This is the highest total in 14 years when there were 56 such fatalities. Massachusetts had not surpassed 40 road fatalities in four decades. This increase is not limited to Massachusetts as it is happening across the nation.
Overall, there were more than 16,700 accidents involving teen drivers in Massachusetts last year. This means there was one approximately every half-hour. AAA looked at why this was happening and came to several conclusions regarding common denominators in teen accidents.
These include nearly 2,600 being due to driver distraction. Given the number of ways in which driver attention can be diverted from the road whether it is the ever-present cellphone, navigational devices, passengers, changing the radio, eating and more, drivers are not watching the road as they should.
Drivers did not yield in 1,651 of the accidents; 1,457 were due to following too closely; 932 came about because drivers were speeding; and 617 were from not maintaining a lane or going off the road.
Finding the cause of an auto accident
Drivers who are cautious, vigilant and are watching for potential dangers can reduce the chance of a motor vehicle accident. Unfortunately, that does not mean they can prevent all collisions. A teen driver who is just learning how to operate a motor vehicle is prone to making mistakes. This can cause a crash.
Regardless of the circumstances, those who were hurt or lost a loved one in an accident need to know what they will face in the future. That includes medical costs, problems with handling their daily needs, being unable to work and financial challenges.
Evidence as to how and why the accident happened can be crucial to keeping all options open. Those who are simply going to work, running an errand or taking a trip can find their lives are irreversibly changed by a crash. Being prepared for the aftermath is vital and can help with the recovery process.]]>On Behalf of Connell & Forestahttps://www.connellforestalaw.com/?p=486962023-12-10T01:40:28Z2023-12-10T01:40:28ZDefinition
An attractive nuisance is not an eye-catching inconvenience but a legal term that refers to something on a property that may attract children but poses a potential danger to them. The attractive nuisance doctrine can help protect children who might feel interested in the appealing nature of certain features on a property.
Common examples
Numerous everyday items and structures count as attractive nuisances. Pools, for instance, are a classic example. The allure of water can be irresistible to children, but the risks of drowning are evident. In fact, there are 4,000 unintentional drownings in America that result in death every year.
Similarly, abandoned vehicles, machinery or even construction sites may captivate the curiosity of youngsters, leading them into hazardous situations.
Responsibilities of property owners
The burden of responsibility for preventing accidents involving attractive nuisances falls on property owners. Property owners must take reasonable steps to safeguard these elements from children. Installing fences and securing machinery are two common steps to reduce danger.
Potential hazards
Vigilance can help prevent accidents related to attractive nuisances. Property owners must remain alert to potential hazards on their premises and fix any problems. Regular inspections and maintenance can help identify any emerging risks, ensuring that the property remains as safe as possible for everyone.
Legal consequences
Failing to address attractive nuisances can have legal consequences for property owners. If a child faces an injury due to an unaddressed attractive nuisance on the property, the owner could face legal trouble.
Knowing more about attractive nuisances can help property owners to maintain a safe environment for people of all ages. By taking proactive measures, they can fulfill their duty to protect not only their interests but also the well-being of the community.]]>