In January of this year, the First Circuit Court of Appeals decided a Massachusetts case entitled Cracchiolo v. Eastern Fisheries, Inc., et al 740 F 3rd 64. That case involved the death of crew member of a ship that was docked in New Bedford. After a night out, the crew member was returning to the …
Excavation and Trench Safety
The Occupational Safety and Health Administration (OSHA) recently cited a Massachusetts excavation company for willful and serious violations of excavation safety standards. The Wakefield contractor faces over $144,000 in proposed fines following an OSHA inspection of a Milton work site last August. According to OSHA’s Braintree office, the workers were installing water mains in a …
DIABETIC FOOT COMPLICATIONS
Diabetes affects blood vessels and can impair the delivery of blood to all parts of the body like the eyes, kidneys, legs, and feet. Diabetics are especially prone to develop foot complications such as neuropathy, vascular disease, and injury. Doctors caution diabetic patients to make foot care a part of the daily routine: to watch …
Informed Consent
Informed Consent is required before many medical procedures. Patients sign Informed Consent forms in doctor’s offices and hospitals. There are consents for anesthesia, surgery, certain medications, and diagnostic tests or treatments. The typical Informed Consent form provides the patient with a list of things that can go wrong ‘ ‘risks of the procedure.’ For instance, …
Natick DPW Employee’s Tragic Accident
We find it commonplace during our daily routines to see construction and city workers maintaining and repairing the streets and infrastructure which we rely on so heavily, oftentimes driving by them without giving their work a second thought. However, rarely do we contemplate the dangers that these men and women face on a daily basis …
Increased Text and Drive Liability
I’m sure all drivers out there are aware of the recent crackdowns on ‘distracted driving’, most specifically, texting while driving. In today’s technological age, it is nearly impossible for a person to go anywhere without receiving a text message, phone call, tweet, or Facebook post. This constant receipt of information via our phones has made …
Frozen Pipe Coverage?
During this wonderful time of the year, we need to be concerned about frozen pipes in our homes. More specifically, when frozen pipes do occur, what actions can be taken and what protection does a homeowner need to have. As to immediate actions, in this bad weather leaving the faucet dripping water is helpful to …
Mode of Operations
Mode of Operations Massachusetts has long worked under a traditional constructive notice test on slip and fall cases involving Commercial Premises like a supermarket. That is, does the defendant know of the condition or did they have a reasonable opportunity to know and correct the condition. In 2007, Massachusetts developed a ‘Mode of Operations’ test …