Posts tagged general personal injury

• Pool Drain Lawsuit Filed Because of Drowning

  Jenny Albano | January 29, 2008 4:31 PM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Parents of a boy who drowned filed a lawsuit Monday, January 28 against the town of Greenwich, Shoreline Pools, and others. The 6 year-old drowned when his arm became caught in a powerful swimming pool drain. The lawsuit, by Brian and Karen Cohn, alleges that the pool safety violates safety requirements that were instated after many similar tragedies.The lawsuit, which seeks damages of more...

• Charitable Immunity is Unjust

  Ken Margolin | September 19, 2007 7:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Protecting charitable organizations from liability for the negligence of the organization or its employees, may sound noble, but is in fact, unfair. The immunity doesn't really accomplish its goals, and insures that employees of an organization involved in a personal injury lawsuit, will be sued instead of the organization. Here's the way it works in Massachusetts. By statute, M.G.L. c. 231,...

• Tainted Beef Sold in Shaw's Supermarkets Recalled

  Ken Margolin | September 06, 2007 1:15 PM | 0 CommentsBoston, MA Category: Defective & Dangerous Products
  

  Ground beef patties sold under the Shaw's supermarket label, were recalled yesterday. According to Fairbank Farms, the company that sells the beef to Shaws, packages with the tainted beef could have been purchased in New England between 7 a.m. - 11 a.m., on Wednesday, September 5, 2007. The 85% lean beef was sold in 1.33 pound packages with the establishment number "Est. 492. The beef was...

• Settling Cases

  Ken Margolin | September 06, 2007 12:15 PM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Fifteen years ago, the idea of formal mediation of a serious personal injury case in Massachusetts, was cutting edge stuff. Settlement of most cases took place the old-fashioned way, via phone calls or meetings between counsel and at times, insurance adjusters. Today, by way of contrast, a look at the advertisements in the Massachusetts Lawyers Weekly, shows more than 30 ads for alternative...

• Virginia Tech Faulted in Student Deaths

  Ken Margolin | August 30, 2007 10:30 AM | 0 CommentsBoston, MA Category: Miscellaneous
  

  An eight-person panel, appointed by Virginia Tech. President, Timothy M. Kaine, issued its report yesterday, on the April 16th multiple murder at the school. The panel said that lives could have been saved if the school administration had issued a timely warning that two students had been murdered. The two were killed approximately two hours before the killer proceeded to another building and...

• The Power of Exhibits

  Ken Margolin | August 20, 2007 11:15 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  I wonder if anyone has ever calculated the number of words per hour spoken during the average jury trial. The right words, used the right way, can evoke the most powerful of images, associations, and emotions. Words can also drone on and become little more than background noise to the listener. The lawyer trying a case involving catastrophic personal injury, has a challenge. He may need to...

• The Expert Witness Industry

  Ken Margolin | August 15, 2007 2:45 PM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Many serious personal injury cases, and pretty much all products liability and medical malpractice actions, require expert witnesses. The experts testify on topics including the mechanism of injury, industry standards or medical standard of care, the plaintiff's medical condition, economic loss, and others. Local experts may not want to testify against a professional or company in their own...

• Home Depot's Falling Merchandise

  Ken Margolin | August 01, 2007 3:30 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Obtaining data on the number of people injured at big box stores such as Home Depot, is difficult. The information is guarded like state secrets. Data generated in litigation, however, has revealed that the big box giant, Home Depot, has had an ongoing problem with falling merchandise killing and maiming customers. One lawsuit revealed that in the late 1990s and early 2000s, more than 2,200...

• Protecting Consumers from Binding Arbitration Clauses

  Ken Margolin | July 26, 2007 6:20 PM | 2 CommentsBoston, MA Category: Miscellaneous
  

  Big corporations love binding arbitration clauses. They are hidden in many contracts, requiring the individual to give up his or her right to a jury trial in the case of a dispute with the company. Some clauses attempt to block class actions. When large corporations are safe from class actions, they can cheat large numbers of people in small increments, knowing that paying off the few...

• Can I Sue if I Receive Workers Compensation?

  Ken Margolin | July 20, 2007 3:30 PM | 0 CommentsBoston, MA Category: Workplace Injuries
  

  I have been asked this question many times over the years by clients who have received serious personal injuries at work. Workers compensation pays the injured employee regardless of whether the employer or anyone else was negligent, and even if the employee's own negligence contributed to his injuries. Worker compensation laws are essential, but they are something of a devil's bargain. The...