Posts Tagged ‘“Boston premises liability lawyers”’
After Common Ground Building Collapses in Allston, Safety Reminders for Landlords and Property Owners
There were frightening pictures out of Allston on Sunday, November 4, 2018, as the Boston Fire Department responded to a report of a commercial building collapse. Firefighters found very dangerous conditions: the façade at 85 Harvard Avenue, a one-story commercial building, had fallen onto the sidewalk. The building houses Common Ground Bar and Grill, which sustained serious damage, and also other businesses.
Two people were injured, including a woman who was hit by concrete and suffered critical personal injuries outside the building. The Boston Globe reported she was with friends and they, along with others, fought to free her from the concrete. When the Boston Fire Department arrived, she was rescued and transported for medical treatment. Others inside the building were safely evacuated with assistance.
As the investigation begins, the collapse must serve as a reminder to landlords and building owners. Injuries from property defects – such as fires, slippery floors or snow and ice accumulations – are devastating for victims and families and are much more common than many people realize. But structural failures, especially in aging buildings, present extreme hazards as well.
Boston City Regulations for Building Owners and Landlords
Building owners and landlords have a responsibility to regularly inspect and maintain residential and commercial buildings. In older buildings with brick or stone facades, routing engineering analysis should be performed periodically.
In Boston, city regulations require inspection reports, but only for buildings over 70 feet tall. The regulation mandates that every exterior wall shall be inspected at least once every five years, and in the case of an unoccupied structure, inspection must be done at least once every year. Inspection reports must be completed by an architect or engineer, and filed with the city.
Inspections should not be limited to facades. Many buildings have aging iron work on balconies and exterior stairs and these can buckle under, leading to serious injuries.
"It was almost like an earthquake": Two people were injured, one critically, after the Allston building that houses the Common Ground restaurant and bar partially collapsed on Sunday afternoon. https://t.co/gh7VJMz0FP pic.twitter.com/qg3nQaEvFz
— The Boston Globe (@BostonGlobe) November 5, 2018
About Breakstone, White & Gluck – Representing Those Injured by Unsafe Property Conditions
At Breakstone, White & Gluck, our personal injury lawyers have over 100 years combined experience representing those who have been injured by the negligence and wrongdoing of others. Our attorneys have extensive experience investigating fires, porch collapses and unsafe buildings in the Boston area, then bringing claims on behalf of those injured.
If you have been injured because of unsafe property conditions, we urge you to learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Tips for Keeping a Safe Swimming Pool in Massachusetts This Summer
Your swimming pool is your backyard oasis, a fun and refreshing place to beat the heat. To keep children and others safe this summer, we urge Massachusetts property owners to secure and properly maintain pools at all times. Take these steps now to help prevent injuries and drownings:
Secure your pool. In Massachusetts, pool owners are required to have fencing which stands at least 48 inches tall. Openings in the fence must be less than 4 inches in diameter. All doors to pool areas must have self-latching and self-closing devices. Homes with doors which open into the pool area must use pool alarms.
Walk around your pool fence now to look for areas which have been damaged. Make repairs right away.
Plan your pool barriers. Slow children down at every opportunity. Safety covers for pools and hot tubs are physical barriers and visual reminders which help keep children out. Remove pool ladders when you leave the pool. Lock them in pool sheds or other secured areas.
You can also place strategic barriers between your house and the pool or your neighborhood and your pool. For example, you could plant tall shrubs to restrict the line of sight from the street.
Landlines, not cell phones. Bring cell phones to the pool just in case. But set them aside so you don’t become distracted by them. Instead, rely on your portable landline phone. This is the best way to call 911. In Massachusetts, 911 calls made on cell phones are typically routed to State Police, then to a local police department or emergency response. You have to assume State Police do not know your location information until you tell them and this may delay response time.
Pool alarms. Purchase a pool alarm that will sound if anyone enters the pool area. There are many different types of alarms, including those which are triggered by movement in the water and others with wristbands you can put on your child. Do your research online and visit your local pool store for ideas.
Supervise children and teach them to swim. If you have children, teach them to swim as soon as you can. Sign them up for swim lessons each year so they continue to grow stronger. Sign yourself up for CPR and review the steps each summer.
Swim with young children, keeping them within your reach at all times. Supervise your children in the pool. If you have to leave the pool area, wait to leave together. No one else will ever watch your children with as much focus as you do.
Guests at your pool and your home. Limit the number of guests you invite to your pool and your home. If you are swimming with guests, your goal is to eliminate as many distractions as possible so you can watch your children and others swim. If you invite children, invite parents too. Watch children closely before and after they enter or exit the pool area.
You always have to be on guard if you invite people over, even if you are not inviting them to use the pool. If a young child was separated from their parents for whatever reason, could that child make it past your pool fence?
Set up an age-appropriate pool area. As children grow, each year is different. Try to delay some of the steps when it comes to the pool. For instance, you can remove your diving board so children will not be tempted. Many pool owners, even those without children, have chosen to retire diving boards because of the risk for serious head injuries if someone slips or hits their head.
Hold off on taking your child into the deep end until they are strong enough. Do not let anyone bring toys with small strings, cords or small pieces into the pool area. Remove rafts which are floating unattended so you can see every inch of the pool.
We are not saying don’t enjoy your pool. Just take it one step at a time and evaluate how you keep and secure the pool area on a regular basis.
Flotation devices. Invest in pool life jackets for your children. Make sure they are “Coast Guard approved.” Check online for reviews and product recalls on the Consumer Product Safety Commission website.
Preventing Drownings and Injuries
As a pool owner, you have a responsibility to keep your pool safe and clear from hazards to guests and children. If someone is injured in your pool due to your negligence, you could be held liable for their injuries.
- Drowning is the second leading cause of unintentional injury death for children age 1-4 (Centers for Disease Control and Prevention (CDC).
- Children under age 5 and those 15-24 have the highest rates of drowning (CDC).
- In 2014, there were 346 fatal drownings of children under 5 years old in the U.S., according to Pool Safely.
Young children are the most vulnerable around swimming pools. But they are not the only ones at risk around water. Summer comes and many of us let our guard down. Drownings can result when someone is swimming alone or without a lifeguard. According to the Centers for Disease Control and Prevention, about 4,000 people die each year by drowning. Adults can reduce the risk for injury by swimming in pairs and avoiding alcohol consumption when they swim. Teenagers should only swim with supervision.
The bottom line is pools are a responsibility. Drownings are 100 percent preventable. We must be vigilant all summer long to prevent drownings and it begins with keeping a safe and secure pool.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured in premises liability and swimming pool accidents. If you have been injured, learn your legal rights. For a free consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
Elevators and Escalators Have Long Been Out of Order at Westwood Train Station
Commuting is a major stress in the Boston area. Having to ride the MBTA should ease the burden. But it often just adds anxiety, especially for commuters at the Route 128/University Station in Westwood.
Two news stories have put the spotlight back on the long-running equipment and system problems at the Westwood station, including out-of-service elevators and escalators. Offering both MBTA and Amtrak train service, the Westwood station serves half a million commuters each year. When systems are running on time, you can take the MBTA into Boston in less than a half hour. The MBTA also offers service to Providence or Amtrak provides travel beyond Rhode Island.
With over 2,500 spaces, the Westwood station is also one of the rare MBTA stops where you can still find a parking space. The problem is walking through the station.
The station is owned by Amtrak, which has frequently closed escalators and elevators over the past few years. One of the two elevators has been out of service altogether for several years. They are in no condition to re-open. According to a recent NBC Boston report, every escalator and elevator has expired state certifications. NBC Boston first reported on the station three years ago, so this isn’t a new story. It is just one which has grown worse.
Amtrak says it has no responsibility to make repairs, citing federal law which exempts it from meeting all state and local building regulations. State officials say they have met with Amtrak, to no avail.
Failure to maintain the escalators and elevators creates a safety hazard for commuters and puts an extra burden on the handicapped. NBC Boston interviewed a rider who was legally blind and spoke about having to climb the Westwood station’s tall staircases. As a result, he has missed his special needs van on some days.
We need to learn from past tragedies on escalators and elevators, including the fall that killed 4-year-old Mark DiBona in 2011. The child fell from a defective second-floor escalator at the Auburn Mall. The escalator had a 6 inch gap, which exceeded state regulations. Lawyers for the boy’s family said the escalator management company was aware of the gap and had filed plans with the town to fix it. But the company never followed up. The little boy suffered a head injury in the fall and died the next day.
Hopefully, the state, MBTA and Amtrak will reach agreement on the much needed repairs at the Westwood station soon. All three have a responsibility to the public and commuters. But it’s also important because another public safety concern has recently arisen at the station.
After a long day in Boston, every commuter just wants to get home. Over the past year, the rush has gotten worse at the Westwood station. Some commuters are now running to their cars to beat traffic backups and 20-minute delays leaving the station.
The traffic backups are a new development. Drivers used to have two choices to pay for parking. They could pay inside the station with their credit card or they could simply drive through the parking garage exit. The parking fee would be deducted from their car’s EZPass. Now, the MBTA requires drivers to stop at the parking exit and select how they want to pay. Meanwhile, traffic lines up and pedestrians are put at risk.
WBZ’s I-Team reported on the parking garage earlier this month. The MBTA said the new system has reduced duplicate charges, resulting in fewer refunds. But things need to change at the Westwood station before there is a serious pedestrian accident.
If you see a safety hazard in any MBTA station, we encourage you to take a photo with your cell phone and report it. You can also report equipment that is out of service for a long period of time.
We suggest reporting the problem to at least two offices – the MBTA and the local police department. A local police department can log your complaint immediately while the MBTA or MBTA police may not respond for a few days.
You can also try submitting complaints to the town officials in the community where the MBTA station is located. Try the local building department, the Board of Selectmen or City Council office. Other resources are the state Department of Transportation, your state representative and your local regional transportation agency. These offices may not be directly responsible for a train or bus station, but it may help to keep them aware of ongoing transportation and safety issues.
Here are a few links:
MBTA Customer Support. This page gives you the option to upload a photo.
Regional Public Transportation Authorities in Massachusetts
Massachusetts Department of Transportation
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck are experts in handling claims involving premises liability and injuries caused by defective property conditions. If you have been injured by someone’s failure to maintain their property, learn your rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
6 Tips for Boston and Cambridge College Students Who Are Moving Into Off-Campus Housing
Many college students heading to Boston will be living in off-campus housing. The attorneys of Breakstone, White & Gluck share safety tips and resources.
College students are just days away from starting the Fall semester. In Boston and Cambridge, we urge students to make time for an extra lesson on safe housing. Make sure you understand your rights as a tenant and your landlord’s responsibility to maintain a safe property.
Boston and Cambridge have more than 40 colleges and universities. Because of a shortage in dorm space, many students end up in off-campus housing. Unfortunately, some find themselves dealing with unresponsive landlords who want to collect rent, without doing the work to maintain a property. If you are in this situation, it is important to remember that if a landlord is charging you rent, you have the right to a safe and sanitary apartment.
When a landlord is unresponsive and negligent, it can lead to many problems. It can result in sanitary issues, such as mold, rodents or a bug infestations. It can also lead to broken equipment (for instance, a broken smoke alarm, which needs to be addressed right away).
Porch collapses and fires are two of the most common and serious types of premises liability accidents. As a result of landlord negligence, over the past 10 years, five college students have died in off-campus fires in Massachusetts, according to the state’s website.
Attorney David W. White Explains Legal Steps Ahead for Buyers After Dorchester Building Fire
Attorney David W. White is interviewed by NBC Boston on the next steps ahead for buyers after the Dorchester building fire tragedy.
(June 29, 2017) Attorney David W. White was interviewed by NBC Boston on the potential legal options ahead for buyers of condos destroyed by a massive blaze in Dorchester. The fire went up on Wednesday, just a day before a fire inspection was reportedly scheduled.
The six-story Treadmark building had 83 units, including 32 for home ownership and 51 for affordable rentals. It was located in the Ashmont section of Boston’s Dorchester neighborhood.
News outlets report residents planned to move in as early as July and August, but are now left with hard decisions following the tragedy.
“Whenever you have a big fire like this especially when you’re so close to completion, hundreds of lives are turned inside out,” said White, a past president of the Massachusetts Bar Association.
Watch on NBC Boston’s website.
Use Space Heaters with Caution
During these cold and frigid days of winter, some of us are reaching for space heaters. If you can, first try to keep warm other ways: reach for blankets or an extra layer of clothing. But if you must use a space heater, use it with caution and make sure you use it properly. According to the National Fire Protection Association (NFPA), space heaters are involved in 32 percent of home heating fires and 79 percent of home heating fire deaths in this country. They are the second leading cause of home fire deaths behind smoking.
There have been several heartbreaking stories this winter. In Baltimore, six children were killed in a devastating fire last month. Officials are still investigating, but say it may have been sparked by a space heater. Just a few days ago, a 50-year-old Fall River woman tragically died after a space heater fire ignited her home.
According to the State Fire Marshal’s office, Massachusetts fire departments responded to 133 space heater fires from 2006 to 2015, resulting in 9 civilian deaths and 22 civilian injuries. Some 31 fire service members suffered injuries.
The Today Show aired a segment this morning, which shows just how quickly space heater fires can ignite. We encourage you to watch it.
Safety Tips for Properly Using a Space Heater
Three Feet Rule. Keep space heaters 3 feet away from all furniture and people. Put them in the center of the room.
Plug in to Wall. Plug space heaters directly into the electrical socket on the wall. Many extension cords cannot handle the strong level of electricity passed on from a space heater.
Beware of Automatic Switches. These switches are helpful, but are not a substitute for you turning off your heater yourself, unplugging it and putting it away.
Turn Space Heaters Off Properly. Turn off space heaters before you go to bed when no one can monitor them. Turn it off anytime you cannot supervise it.
Keep Space Heaters Away from Water. Do not use space heaters near sinks or in bathrooms.
Create a Fire Escape Plan. Family members should all know how to properly evacuate the home and be aware of all the routes.
Check Your Fire Alarm Once a Month. This is always a good idea, but extra important during the winter months.
Inventory Your Home. Because half of all home heating fires occur during December, January and February, now is a good time to walk through your home and look for hazards. Look outside, too. Make sure your home’s outside furnace vent is clear of snow. A blocked vent can put your family at risk for carbon monoxide poisoning.
Take Extra Precautions if Children Are in Your Home
Take extra precautions if you live with children. Establish a child-free (and pet-free) zone if you set up a space heater. Keep children as far away from the space heater as possible at all times. Also keep toys away. When finished, turn the space heater off and unplug it. Put it in a safe place which it out of reach of children.
Trampolines, Inflatable Slides Among Dangers At Swimming Pool
Every year, thousands of people in the U.S. die in drownings. Many of these are young children who drown in swimming pools. Last summer alone, nearly 140 children under age 15 drowned in swimming pools and spa tubs, according to the Consumer Product Safety Commission (CPSC).
While the risk of personal injury and wrongful death from drowning has long been known, new dangers have emerged at pools in recent years. As many homeowners have removed diving boards for safety and insurance reasons, many others are purchasing inflatable slides, sports nets and trampolines to enjoy by the pool.
Two recent Massachusetts cases touch on these risks. Last month, the Supreme Judicial Court ordered a new trial in Dos Santos v. Coleta, where the plaintiff was paralyzed in 2005 when he jumped off a trampoline and struck his head in a two-foot inflatable wading pool. The pool and trampoline were owned by his half brother, the defendant.
The SJC found the trial court judge provided improper instructions when he said the jury could stop deliberating if they concluded the danger of jumping off a trampoline and into the pool was “open and obvious.”
The SJC ruled that the trial judge should have also instructed that a property owner is not relieved from correcting such dangers in cases where they can or should anticipate that the dangerous condition will cause harm.
“Because we conclude that a landowner has a duty to remedy an open and obvious danger, where he has created and maintained that danger with the knowledge that lawful entrants would (and did) choose to encounter it despite the obvious risk of doing so, we now reverse,” wrote Justice Cordy.
The plaintiff, Cleber Coleta Dos Santos, had been playing with his young son on the trampoline when he attempted to flip off and into the pool at his half brother’s Framingham home. He suffered permanent paralysis. His half brother and sister-in-law owned the home, but had moved out a few days prior, leaving the trampoline positioned next to the pool where it could be used in the backyard. The SJC noted that the homeowner disregarded warnings printed on the side of the pool against jumping or diving into the pool.
The Banzai inflatable slide is another product which has caused injury and death in Massachusetts in recent years.
You should not see any Banzai slides for in-ground pools this summer. They were recalled in May 2012, after a woman’s death in Massachusetts and two reports of serious injury in other states. The inflatable slides were designed to sit on the edge of a pool so swimmers can climb to the top and slide down as water sprays. But the structure easily deflated, removing support for the user. It was also easy to knock down, even without windy conditions.
In 2006, a 29-year-old Colorado mother visiting Massachusetts fractured her neck and struck her head while using a Banzai inflatable slide. When she stepped up and started to slide, there was not enough support and her head hit the pavement near the edge of the pool. The slide had been partially deflated. The woman died the next day at a Boston hospital.
In October 2011, a jury in Salem Superior Court ordered Toys R Us to pay more than $20 million to the woman’s family, finding the Banzai slide did not comply with federal safety standards for swimming pool slides. Toys R Us had sold the product to the victim. Amazon.com – the website where the product was sold through – and manufacturer SLB Toys USA settled with the woman’s family after the trial began.
In May 2012, Walmart and Toys R Us recalled 21,000 Banzai slides for in-ground pools, asking consumers to return the product for a full refund. Banzai continues to sell inflatable slides and water castles which are stand alone.
Toys R Us recently appealed the case to the Supreme Judicial Court, arguing the the Consumer Product Safety Commission regulation cited by the woman’s family does not apply to inflatable pool slides, but only to rigid pool slides.