Posts Tagged ‘Massachusetts’
Do You Have Insurance for Your Drone?
More than a million drones were sold this holiday season. If one happened to land in your pile of presents, remember that taking to your neighborhood skies comes with responsibilities. We offer a few reminders about insurance and protecting yourself from financial liability if there is injury or property damage. As a drone operator, you want to make sure that you will be able to pay for damages or personal injury that was caused by your negligence.
Homeowners and Renters Insurance. Start by reviewing your homeowners and renters insurance policies. Then speak to your insurance agent to learn if drone-related accidents are covered.
According to the Insurance Information Institute, drones are most likely covered under these policies. The liability portion of your homeowners insurance may cover you in lawsuits for bodily injury or property damage. Your policy may also provide no-fault medical coverage if someone is accidentally injured by your drone. But there are limits; medical bills for you and family members may not be covered by no-fault medical coverage.
Another reason to have insurance for your drone: If your drone causes bodily injury or property damage, and a claim is brought against you, proper insurance will not only cover the damages; the insurance company will also provide a lawyer to defend the claim against you.
Check with your insurance agent. The insurance industry is actively discussing this topic. Already, some insurers may exclude drone-related accidents from homeowners insurance policies. Others may choose to do so in the future.
Car Insurance. Your auto insurance policy may cover property damage resulting from crash landings or related accidents. Ask your auto insurance agent.
Commercial Users. If you operate a drone for business (even for a part-time business), you should ask your agent if you are covered. This would not typically be covered under your homeowners insurance policy.
Safety Reminders. Never use your drone recklessly and always follow current safety regulations. Drone owners are required to register drones with the FAA and fly at or below 400 feet. Failure to do so could result in a fine. To learn more, watch this safety video from the FAA.
Theft. Consider theft insurance if it make sense. Some drones are small and can be easily stolen. But remember many homeowners have to pay a deductible if they file a claim. If you own an inexpensive drone it will likely be less than your deductible. Maybe it was time to upgrade to the fancier drone anyway.
Memberships. If you do not have adequate coverage, consider your options. You may be able to buy more insurance coverage from your carrier or research other insurance carriers. You may also qualify for coverage if you belong to a membership organization or club. The New York Times reported the Academy of Model Aeronautics offers group liability coverage as part of its $75 per year membership. This may pay for damages after your homeowners insurance policy is exhausted.
Time to Get Started
If you are a drone owner, we hope you take the time to check with your insurance agent so you understand your potential liability. Drone crashes can happen on your property or a neighbor’s property and you want to be prepared.
Here are two resources:
“Getting a Drone as a Gift? Check Your Insurance,” New York Times.
Massachusetts Law: Property Owners Have Responsibility to Keep Their Property Reasonably Safe from Snow and Ice Hazards
Many of us would rather skip the shovels, snowblowers and ice scrapers this winter. But when the snow falls, remember that Massachusetts property owners have a responsibility to keep their property reasonably safe. So your shovel must come out.
For over 100 years, Massachusetts property owners enjoyed a special exemption from liability for “natural accumulations” of snow and ice. An injured person previously had to demonstrate that the accumulation was unnatural, such as the frozen discharge from a gutter, or a pile of plowed snow across a sidewalk. But for the past six years, Massachusetts has followed the rule of reasonable care.
All residential and commercial property owners now have to take reasonable steps to clear the snow and ice hazards and keep their property safe for traveling.
Massachusetts started following the rule of reasonable care after the Supreme Judicial Court of Massachusetts ruled in the case of Papadopoulos v. Target Corp., 457 Mass. 368 (2010).
Attorney David W. White has written on the rule, discussed the case in the media and participated in MCLE panels on property owners’ liability in snow and ice cases.
“Property owners must understand it is no longer optional to shovel so you should get out there early and keep up with it,” White said.
Read Attorney White’s comments in The Boston Globe, Boston Business Journal and the Allston-Brighton Tab newspaper.
About Attorney David W. White
Attorney David W. White has distinguished himself for his advocacy on behalf of his clients and his leadership among Massachusetts lawyers. Attorney White is a past president of the Massachusetts Bar Association who has represented clients injured in personal injury cases for over 30 years. He has been selected as one of the Top 100 Super Lawyers in New England and Top 100 Super Lawyers in Massachusetts. Read more about Attorney David W. White.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing individuals who have been seriously injured in slip and fall accidents and snow and ice accidents caused by a property owner’s negligence. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney Reza Breakstone Co-Authors Article on Legal Ramifications of Self-Driving Cars in California Lawyers Publication
Attorney Reza Breakstone writes about the legal ramifications of self-driving cars in an article published in the Winter 2016-2017 edition of The Litigator, the official publication of the Capital City Trial Lawyers Association in Sacramento, California. Attorney Breakstone co-authored the article with Attorney Paul Hoybjerg of Roseville, California. In the article, “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary,” the authors write the time has come for the self-driving car.
“The self-driving car is no longer a distant dream of an imagined future. It is here, it is now, and it is reality. There already exist automated functions that come standard on vehicles: anti-lock brakes, self-parking, cruise control, and crash avoidance cameras. Automated cars will affect more than simply your ability to tie your tie or apply your make-up on the way to work. They stand to completely change the automotive industry, insurance world, legal market, public transport and city planning, while redefining the American culture of feeling “freedom” behind the wheel.”
The article explains the current levels of automation among vehicles on the market, investments in the industry and ramifications for auto insurers and plaintiffs and defendants in personal injury cases.
“The less thrilling ramifications may be to the bottom line of auto insurers and the plaintiffs’ and defense bars in personal injury cases. Currently, auto insurance premiums account for $200 billion nationwide. The insurance industry, with decreased vehicle ownership and decreased liability issues on the part of the user, will find itself cut out of the equation. Allstate Corp. Chairman Thomas Wilson predicts that driverless cars will have “the most detrimental impact on auto insurance” and one “we don’t want to wait” to figure it out.”
About Attorney Reza Breakstone
Attorney Reza Breakstone joined Breakstone, White & Gluck as an associate in 2015. Learn more about Reza on our website.
Attorney Marc L. Breakstone Quoted in Massachusetts Lawyers Weekly Article on Antiquated Sidewalk Liability Laws
Attorney Marc L. Breakstone was quoted in a front-page Massachusetts Lawyers Weekly article about common law liability for injuries caused by sidewalk defects. The current common-law standard dates back centuries and prohibits many plaintiffs from recovering compensation for injuries. But a recent Appeals Court ruling may have finally set the stage for change.
Attorney Breakstone welcomes the idea. “I think that the common law is a living body of principles that has to evolve as social conditions and the realities of life evolve,” he said.
Earlier this month, the Appeals Court ruled in the case of Halbach, et al. v. Normandy Real Estate Partners, et al., concurring that a Superior Court judge had correctly granted summary judgment to the defendant, 100 & 200 Clarendon LLC, which operated, leased and maintained the John Hancock Tower and a neighboring garage in Boston.
The Appeals Court rejected the plaintiffs’ argument that the defendant had been negligent in keeping the sidewalk free from defects and had failed to uphold their duty “to ensure a safe pedestrian walkway.”
The Appeals Court said the plaintiffs were suggesting “an entirely new duty” not recognized by state common law. The Appeals Court further noted that there is no affirmative duty to inspect and repair public sidewalks or notify the city.
In Massachusetts, cities generally have limited liability of $5,000 for personal injuries and property damage from defective ways, which also leaves plaintiffs who are injured with limited remedy.
Next Steps
In 2009, a man fell on uneven sidewalk after leaving his office at the John Hancock Tower in Boston. He suffered a bilateral rupture of his quadriceps tendon. After the fall, the defendant, 100 & 200 Clarendon LLC, did make some repairs, with no attempt to seek reimbursement from the city of Boston.
The man and his wife filed a lawsuit in Suffolk Superior Court in February 2012 and filed a motion for summary judgment in January 2014.
Appeals Court Judge James R. Milkey wrote that “the plaintiffs have a more forceful case for … a change in the law than the majority opinion suggests.”
The Supreme Judicial Court could now review the Appeals Court ruling and decide whether to extend a duty for sidewalks to private owners.
Attorney Breakstone told Massachusetts Lawyers Weekly this would be a “baby step for the evolution of our tort law.” It is a widely accepted principle that businesses making a profit from the customers they attract onto their premises have to provide safe egress, he said.
In 2010, the Supreme Judicial Court decision in Papadopoulos v. Target Corp. abolished the common-law distinction between natural and artificial accumulation of snow and ice. In Massachusetts, property owners are now responsible for clearing all areas of their property under the standard of “reasonable care,” regardless of whether they created the snow pile or if it naturally formed.
Read the full article on the Massachusetts Lawyers Weekly website. Subscription required for access.
About Attorney Marc L. Breakstone
Marc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in New England. His record-setting settlements and verdicts have earned him the distinction of being selected as one of the Top 100 Super Lawyers in New England and Top 100 Super Lawyers in Massachusetts. He has also been selected by his peers as one of the top medical malpractice plaintiff’s lawyers in the Super Lawyer balloting. In 2002, Attorney Breakstone was honored as one of ten “Lawyers of the Year” by Massachusetts Lawyers Weekly. More on Marc Breakstone.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling personal injury and premises liability cases for those who have been seriously injured. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Attorneys Named to Top 100 New England Super Lawyer List, Top 100 Massachusetts Super Lawyer List
Congratulations to attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck for being selected to the 2016 Super Lawyers lists. This is the 13th year our firm has been recognized by Super Lawyers for being among the best in New England at obtaining justice for those who have been injured by negligence in personal injury and medical malpractice cases.. Together, our three partners have over 100 years combined experience practicing law in Massachusetts. Here is how they were honored:
Attorney Marc L. Breakstone
Congratulations to Attorney Breakstone who was named a Top 100 New England Super Lawyer and a Top 100 Massachusetts Super Lawyer for 2016. Attorney Breakstone specializes in representing plaintiffs in medical malpractice and personal injury cases and has practiced in Boston for 30 years. For the 13th year, Attorney Breakstone was also recognized as as a Massachusetts Super Lawyer in the area of medical malpractice for plaintiffs (2004-2016). This is his 10th year on the Top 100 Massachusetts Super Lawyers list. He was selected as a Top 100 New England Super Lawyer for the fifth time.
Attorney David W. White
Congratulations to Attorney David W. White, who was named a 2016 Massachusetts Super Lawyer in the area of personal injury, plaintiff representation. This is the 13th year he has been recognized for excellence among Massachusetts and New England lawyers. Attorney White has been selected to the Top 100 New England Super Lawyers list three times and to the Top 100 Massachusetts Super Lawyers list seven times.
Attorney White is a past president of the Massachusetts Bar Association and has practiced law in Boston for over 30 years. He has distinguished himself for his advocacy on behalf of his clients and his leadership among Massachusetts lawyers. Attorney White represents clients in all types of personal injury and insurance cases, including bicycle accidents, pedestrian accidents, motor vehicle accidents, product liability and dog bite cases.
Attorney Ronald E. Gluck
Congratulations to Attorney Ronald E. Gluck, who was named a 2016 Massachusetts Super Lawyer in the area of personal injury, plaintiff representation. Attorney Gluck has been consistently recognized for excellence by Super Lawyers for 11 years. Attorney Gluck has practiced law in Boston for over 35 years and specializes in handling cases involving pedestrian accidents, bicycle accidents, motor vehicle accidents and motorcycle accidents.
About Super Lawyers
Super Lawyers is a multiphase selection process which rates attorneys in every state. The top 5 percent of attorneys are selected to Super Lawyers lists.
How the process works: Peer nominations and evaluations are combined with independent research by Super Lawyers, which is part of the Thomson Reuters company. Lawyers are evaluated on 12 indicators of peer recognition and professional achievement on an annual, state-by-state basis. The company’s objective is to create a credible, comprehensive and diverse listing of outstanding attorneys which can be used as a resource for other attorneys and consumers searching for legal counsel.
Super Lawyers listings are printed annually in Boston Magazine and are available on the Super Lawyers website. Read More
Breakstone, White & Gluck Donates 500 Bicycle Light Sets to Boston Cyclists
Breakstone, White & Gluck is teaming up with Boston Bikes, the City of Boston and cycling groups this week to remind cyclists to use bike lights. All over the city, cyclists are being surprised with free lights (if they need them), as part of Boston Bikes’ #BeBrilliant campaign to keep cyclists safe.
Breakstone, White & Gluck donated the 500 bicycle light sets to Boston Bikes, which is part of the City of Boston, for the third year. Boston Bikes staff and volunteer groups have been giving the lights away this week in Dorchester, Allston, Brighton, Dorchester, East Boston, Mattapan, Roxbury, South Boston and Downtown. Groups include Rozzie Bikes, Commonwheels Bicycle Collective and Bike Dorchester.
Under Massachusetts law, cyclists must use bike lights to help them stay visible to motorists. Cyclists must have a white light on the front of their bike and either a red light or a red reflector on the rear. This is an important reminder since Daylight Saving Time ended last weekend and the nights are getting darker earlier.
“As evenings get dark earlier, people who are driving, walking and bicycling need to be more aware of each other than ever,” said BTD Commissioner Gina N. Fiandaca, in an announcement posted on the city’s website. “Our top priority is ensuring the safety of people traveling on our streets, and we ask everyone to help us by slowing down and looking out for each other.
Here are a few safety tips for drivers, pedestrians and cyclists.
For Drivers
- Follow the speed limit
- Do not use cell phones
- Always yield to pedestrians
- When turning, slow down and look for bicyclists going straight
- Make sure you do not open your car door into the path of a bicyclist or another driver
- Do not park or stop in the bike or bus lane
For Pedestrians
- Always use crosswalks
- Avoid crossing the street between two parked cars
- Wear reflective colored clothing
For Bicyclists
- Always wear a bicycle helmet and use bike lights
- Bike in the same direction as traffic, unless the street is marked otherwise
- Stop at stop signs and follow all traffic signals
- Wear reflective colored clothing
- Use hand signals
- Yield for pedestrians
BWG Project KidSafe 2016: 10,000+ Bicycle Helmets Donated to Children
Breakstone, White & Gluck has completed its 2016 Project KidSafe campaign, donating nearly 5,000 helmets to children in Massachusetts this year. With help from local bicycle committees, police departments, schools and community groups, we have now donated more than 10,000 bicycle helmets over four years to help children ride safely.
Our partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, thank everyone who has helped us and embraced our goal: to keep children and families safe and encourage them to wear a helmet every time they ride to prevent serious head injuries.
Our Partners:
Boston Bikes, Roll It Forward
CYCLE Kids
Bikes Not Bombs
Arlington iCan Shine Camp
Arlington Bicycle Advisory Committee
Ashland Farmers Market
Bicyclecentro of East Boston
Bike Milton
Commonwheels Bicycle Collective
Dedham Bike Rodeo
East Arlington Livable Streets Coalition
Easthampton Healthy Youth Coalition
Framingham Bicycle and Pedestrian Advisory Committee
Friends of Lexington Bikeways
Groundwork Somerville
Haynes Early Education Center in Roxbury
Massachusetts Safe Routes to School
Northbridge Public Schools
Somerville Kiwanis Club
Somerville Public Schools
The Home for Little Wanderers
Tierney Learning Center of South Boston
Up Academy Dorchester
Watertown Bicycle and Pedestrian Committee
Westborough Bicycle and Pedestrian Advisory Committee
Westwood Pedestrian and Bicycle Safety Committee
Windsor Street Care Center of Cambridge
Worcester Earn-a-Bike
Our Police Department Partners:
Cambridge Police
Dedham Police
Everett Police
Randolph Police
Norwood Police
Waltham Police
Marlborough Police
Malden Police
Tewksbury Police
Somerville Police
Framingham Police
Lexington Police
Cycling Clubs and Bicycle Organizations:
We were also pleased to support safe riding in other ways, by sponsoring the Boston Cyclists Union, MassBike, Northeast Bicycle Club, Charles River Wheelmen, New England Mountain Bike Association (NEMBA), CYCLE Kids and Bikes Not Bombs. We are also sponsoring the Boston Bikes #BeBrilliant campaign again in 2016.
Breakstone, White & Gluck Supports Local Police Departments in 2016 Project KidSafe Campaign
Breakstone, White & Gluck was proud to partner with more than a dozen police departments in the Boston area during our 2016 Project KidSafe campaign. During the first three years of our campaign, police departments provided critical support in helping us give away children’s bicycle helmets. This year, we expanded our police donations to help protect more children and reach more families. Our partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, thank police departments for helping us give away more than 1,500 helmets in 2016. Our attorneys have now donated over 10,000 helmets to children since 2013 and we owe much to the support of local police officers and departments.
The police departments did a great job this year. Some departments organized bike rodeos and gave away bike helmets. Others gave helmets away one at a time to children who needed one. Others, like Framingham, Lexington and Somerville, dispatched officers to help fit helmets at community events. For several years now, Somerville Police Officer Marianne Manfra has participated in two events in June. With her help, we reached more than 400 children in less than two weeks last Spring. Read about our Somerville bike helmet donations.
Cambridge Police Department incorporated the donation into their National Bike Safety Month activities, by announcing a helmet voucher program. Please check out our photo album and read more about our 2016 Project KidSafe campaign.
Our 2016 Police Partners:
Boston Police
Cambridge Police
Dedham Police
Everett Police
Randolph Police
Norwood Police
Waltham Police
Marlborough Police
Malden Police
Tewksbury Police
Somerville Police
Framingham Police
Lexington Police
A little farther west, we thank Easthampton Police for supporting us.
Breakstone, White & Gluck Partners With Schools During 2016 Project KidSafe Campaign
As part of our commitment to keep children safe, Breakstone, White & Gluck donated bicycle helmets to several schools and safety programs during our 2016 Project KidSafe campaign. We made donations to schools in the Boston area and across the state.
We made our largest donation of 400 helmets to Massachusetts Safe Routes to School, which works with schools, communities, students and families to increase biking and walking among elementary and middle school students. Safe Routes to School offers safety education and organizes bicycle rodeos in more than 50 percent of communities in Massachusetts.
This is the second year our law firm has partnered with Safe Routes to School. In 2016, Breakstone, White & Gluck donated helmets to support Safe Routes to School’s work at schools, including:
- Brayton Elementary School in North Adams
- Arlington Elementary School in Lawrence
- Gibbons Elementary in Stoughton
Last Spring, Massachusetts Safe Routes to School also gave out helmets from our Project KidSafe campaign at a bike rodeo at the South Boston Neighborhood House. Attorney David W. White fit helmets for the kids and participated:
Left: Attorney White with Moss Lynch and Jana Linhart of Massachusetts Safe Routes to School, Maren Tober of South Boston Healthy Community Champions and Mary Picard Walsh from the South Boston Neighborhood House. Next: Attorney White helping a young cyclist. Next: Group shot of kids with Jana Linhart, Safe Routes to School outreach coordinator and Attorney White. Last: Young cyclist takes to the obstacle course.
In 2015, Breakstone, White & Gluck donated helmets to support Safe Routes to School’s work at:
- Lawrence Bike Program, Lawrence
- Avon Bike Rodeo, Avon
- Reingold School Bike Rodeo, Fitchburg
- Bike & Trike Parade, Salem
- Newman School Festival, Needham
- Greenfield Bike Rodeo at Greenfield Middle School, Greenfield
- Salem Farmers’ Market, Salem
- Milton Rodeo at Pierce Middle School, Milton
- Williams Elementary Bike Rodeo, Pittsfield
- Ciclovia, Lawrence
- Springfield Library Bike Rodeo, Springfield
- Foncesca Bike Summer Session, Fall River
Other Donations to Schools
Through our Project KidSafe campaign, Breakstone, White & Gluck has donated over 10,000 helmets to children in Boston and across Massachusetts since 2013. Our other donations to schools and education centers during our 2016 campaign include:
Somerville Public Schools and CYCLE Kids
In Somerville, we donated 300 helmets to Somerville Public Schools and CYCLE Kids. The helmets were given to fifth graders who completed the CYCLE Kids curriculum as part of their physical education classes. The curriculum teaches students how to ride a bicycle, bicycle safety and nutrition basics. This is the third year we have made this donation. Attorney Marc L. Breakstone joined Somerville Police Officer Marianne Manfra, Physical Education Teacher Kris Savage in handing out the helmets to students at the Dr. Albert F. Argenziano School last June. Read our blog.
Arlington Public Schools
In Arlington, we made a donation to the Arlington Public Schools for the third year. We donated 170 helmets to support the Walk to School Day events for elementary school students. These events focus on encouraging children to safely walk and ride bicycles to school. Our Project KidSafe bicycle helmets were donated to children who needed one during these events. The donation was coordinated through the Arlington Bicycle Advisory Committee.
Joseph M. Tierney Learning Center
For the second year, Breakstone White & Gluck donated bicycle helmets to the Joseph M. Tierney Learning Center in South Boston. Attorney David W. White fit helmets for the children at the center’s summer party in July.
Haynes Early Education Center
In Roxbury, we donated 75 helmets to the Haynes Early Education Center, which is part of the Boston public school system. The school gave the helmets to children who needed one at its Healthy Families Event. Read our blog.
Photos: Arlington Public Schools left, then the Haynes Early Education Center.
Easthampton Healthy Youth Coalition and Easthampton Public Schools
In Easthampton, we donated 140 bicycle helmets to children at the Event to Celebrate Bike Safety in May. The event was sponsored by the Easthampton Healthy Youth Coalition, Easthampton Police, Easthampton Public Schools and the Northwestern District Attorney’s Office. Attorney David W. White attended to help fit helmets for the children. Read our blog.
Breakstone, White & Gluck Donates Bicycle Helmets and Safety Vests to Groundwork Somerville’s Green Team
Breakstone, White & Gluck was pleased to help students at Groundwork Somerville ride their bicycles safely this summer. As part of our Project KidSafe campaign, our attorneys donated bicycle helmets and neon safety vests to 25 students on The Green Team.
The Green Team is Groundwork Somerville’s environmental youth employment program, where Somerville youth work to make positive social and environmental change, while gaining valuable job training and career skills. The students spend summers working across the City of Somerville, building gardens, cleaning up rivers and engaging the community about ways to protect the environment and cultivate agricultural and forestry resources. The students rely heavily on their bicycles to travel between sites and bicycle safety is a priority.
Among The Green Team’s projects: developing The South Street Farm near the Cambridge border and participating in the planning of Somerville parks. If you shop at the Union Square Farmer’s Market or the Mystic Mobile Market, you may have bought produce from The Green Team gardens.
Breakstone, White & Gluck is pleased to support Groundwork Somerville. We encourage you to visit their website at www.groundworksomerville.org.
Breakstone, White & Gluck and Project KidSafe in Somerville
Breakstone, White & Gluck is committed to children’s bicycle safety. Over the past four years, our attorneys have donated over 10,000 bicycle helmets to children across Massachusetts through our Project KidSafe campaign. We have partnered with Groundwork Somerville for the past three years, donating helmets and safety vests.
We have been active in Somerville all four years of our safety campaign, also donating helmets to The Kiwanis Club of Somerville’s Bike Safety Day and helmets to every 5th grader who completes CYCLE Kids, which teaches bicycle riding and nutrition skills. In 2016, we were pleased to donate over 400 children’s bicycle helmets in the city. Read recent coverage in The Somerville Times.