Posts Tagged ‘safety’
New Technology Prevents Pedestrian Accidents and Saves Lives In Massachusetts
Pedestrian accidents at crosswalks cause some of the most serious personal injuries, including spinal cord injury, and wrongful death. In 2006, pedestrian accidents accounted for 14% of roadway fatalities in Massachusetts. Public education campaigns and strict traffic laws have not prevented the death toll from climbing. However, new technology may be the solution for preventing many pedestrian accidents.
Communities across the country, including some in Massachusetts, have started installing “in roadway warning light systems” or IRWLs, at dangerous crosswalks. Flashing beacons are installed on the side of the road, in the crosswalk pavement, or in an overhead mast. When a pedestrian activates the system, either by automatic detection or manually, lights flash outwards toward the approaching vehicle. As an intentional design factor intended to prevent a feeling of false security, pedestrians cannot see the flashing lights. Studies have shown these IRWL enhanced crosswalk systems are effective in reducing pedestrian accidents.
Pedestrians can protect themselves further by being aware of whether they or motorists have the right-of-way. Massachusetts laws and regulations set forth the rights-of-way of pedestrians and motorists where traffic control signals are not present. Where a pedestrian is crossing at a crosswalk where no traffic control signals are in operation, Massachusetts law requires that motorists must yield to the pedestrian. Pedestrians crossing at a point in a road that does not have a crosswalk must yield to the right-of-way of motorists. Further, once they being to cross, pedestrians should continue to look in the direction of on-coming or turning traffic. Pedestrians should always face the on-coming traffic when walking or running in the road.
The Pedestrian and Bicycle Information Center has additional information on pedestrian and bicycle safety.
Massachusetts Drivers Should Take Precautions Against Winter Hazards on the Roads
As if plummeting temperatures and shoveling aren’t reason enough to dislike winter in Massachusetts, snowy and icy weather creates hazardous road conditions. Car accidents, truck accidents, and pedestrian accidents are more likely as slippery roads increase both the distance required to stop a vehicle and the chance of sliding. Taking certain precautions against winter hazards can reduce drivers’ and pedestrians’ risk of personal injury or wrongful death.
First, try to avoid driving in bad winter conditions. If driving is necessary, try to drive during daylight hours only, plan ahead to avoid rushing, and wait until snow removal crews have eased road conditions. Check wiper blades and tires and make sure they are suited for winter driving conditions. Also, if you are traveling far from home, equip vehicles with a winter emergency kit including blankets, food, water, matches, candles, flares, sand for traction, and jumper cables.
Seat belts can save lives but only if they are worn properly. A properly fitting seat belt will fit tightly across the lap, snugly across the chest, and will cross at the shoulder. A seat belt should never cross at the neck or back Seat belts with lap restraints only are ineffective and should be avoided. An improperly fitting belt can actually make personal injuries worse. Heavy jackets will intefere with proper seat belt operation and should be avoided or removed once the car is warmed up.
Pedestrians face special problems since sidewalks are not always plowed and it may be necessary to walk in the street. One should walk facing the traffic in order to be able to observe the approaching traffic–and to take evasive action if necessary. At night, lightly colored clothing is important. Motorists need to be especially aware of pedestrians and even bicyclists during the winter months. Massachusetts General Laws c. 89, Section 14 requires motorists to slow when approaching pedestrians or bicyclists, and to pass only when it is safe to do so.
Finally, focus on safe and strategic driving. Stay at least nine car lengths behind the vehicle ahead to allow plenty of room to stop. Unless you have anti-lock brakes, If brakes begin a lock, ease off the brake. Be aware that bridges and overpasses freeze before the road. To regain control of a vehicle if rear wheels begin to skid, ease off the gas and steer in the direction the car should go. If the car starts to go too far in one direction, keep steering opposite ways until the vehicle is under control. If the front wheels are skidding, ease off the gas and let the vehicle slow down until traction is regained. If stuck in the snow, do not hit the gas. Try to remove snow and ice from around the wheels, and use sand for traction. Some vehicles can also be “rocked” by alternating between drive and reverse, while gently pressing the gas.
For more information on winter safety, please see the following articles:
State Police Issue Winter Driving Safety Tips
Uncleared Sidewalks Imperil Pedestrians
Massachusetts Emergency Management Agency–Tips to Ensure Safe Winter Driving
Massachusetts Homeowner Found to be Not Liable for Subcontractor’s Damages
The Massachusetts Appeals Court recently reviewed a case in which the defendant homeowner, Johnson, hired a contractor to remove several trees from her land. The contractor subsequently hired a subcontractor/crane operator, West, to help with the project. The crane was damaged during the work, and the crane operator sued the homeowner. The jury found in his favor. His case was before the Appeals Court to determine whether the homeowner was liable for his damages.
Johnson had several conversations with the general contractor about the exact location of her septic system, which was important for him to know in order to safely remove the trees. The contractor apparently conveyed information about the septic system to his subcontractor, the crane operator. The day the crane arrived, Johnson noticed that it was set up in the location of the septic system. Though she was a surprised, she did not interfere with his work.
Soon after, the crane’s outrigger pierced the septic system and the crane tipped over, causing damage to the crane and to the house. The crane operator sued Johnson, cliaming that she had a duty to warn him about the septic system.
The Appeals Court determined there was no duty. Even though Johnson may have been suspicious of the crane’s placement, she did not have a further duty to give warnings. She retained no control over the work in general, and crane operator’s work in particular. Her only duty to the general contractor was to give accurate information about the septic system, which she did. It was the responsibility of the original contractor to oversee the actions of the crane operator.
Accordingly, the crane operator’s case was dismissed. The case is West v. Johnson, Mass. App. Ct. No. 08-P-130 (2009).
As a homeowner, how can I protect myself from these types of lawsuits?
An important consideration in determining liability is control: the less control you have over a situation, the less likely it is that you will be liable for damages. One of the many benefits of hiring a general contractor to help with a residential construction project is the shift of liability from you to the contractor. If a contractor agrees to oversee all aspects of subcontractor performance, the homeowner will likely have no direct contractual agreements with the subcontractors and, therefore, retain no control over their work.
Before hiring a contractor, be proactive. Ensure that they are registered with the state, and are carrying adequate insurance. Review the details of your contract, don’t be afraid to ask questions, and ask for proof of his/her registration and insurance certificates. Browse the additional links below for more tips on how to choose a contractor.
Additional links:
• Homeowners FAQ’s – The Massachusetts Executive Office of Public Safety and Security
• Choosing a Professional Contractor – The Eastern Massachusetts Chapter of the National Association of the Remodeling Industry
Massachusetts Appeals Court Affirms Duty of General Contractor for Construction Site Safety
In Massachusetts, a general contractor which retains responsibilities for oversight of safety on the job site may be liable for injuries caused by the negligence of a subcontractor, according to a recent decision of the Massachusetts Appeals Court. The court affirmed this long-standing principle, affording protection to workers who suffer construction site accidents.
When a general contractor subcontracts work at a large construction project, frequently more than one level of subcontracts is required. For example, in this particular case a general contractor hired a subcontractor to perform demolition work in a building. The subcontractor hired another subcontractor to remove asbestos. The question before the court was whether the general contractor had responsibility when a worker removing the asbestos (an employee of the “sub-subcontractor”) was injured after falling from a scaffold at a Boston construction site. More specifically, could a general contractor be held liable under the theory of negligent supervision of job site safety?
The good news for all construction workers is that the answer to that question is not affected by how many layers of contracts stand between the worker and the general contractor. As long as a general contractor retains the right to control a subcontractor’s work — a right that includes maintenance of safety measures — then the general contractor is also bound by a legal duty to supervise the subcontractor’s employees and ensure their safety.
For example, in a contract between a general contractor and a subcontractor, it is common that a general contractor is obligated to:
- Perform periodic safety inspections
- Provide a safety manager at the construction site
- Record the daily responsibilities of the general contractor’s superintendent, whose duties will involve enforcement of safety procedures
The bottom line: If a laborer, employed by a subcontractor, is injured on a jobsite, the general contractor may also be liable for those injuries.
The case discussed above is Kostrzewa v. Suffolk Construction Co., Inc. and can be accessed online here.
Every accident case is unique, and the lawyers at Breakstone, White & Gluck, P.C., are experienced in working with top experts and getting the best compensation for victims injured in scaffold accidents, and other types of construction accidents. If you have been injured in a construction accident and wish to speak to a lawyer, please contact us online or at 617-723-7676 (or toll-free at 1-800-379-1244).