Articles Posted in Wrongful Death

According to published reports, the limousine company involved in the accident on October 6, 2018 had a record of repeated safety violations. Such violations included a failure to pass an inspection in early September of 2018. During  inspection in September, the limousine was found to have 18 seats, but was only approved to carry 10 passengers including the driver. The vehicle was also cited for a break line that was hanging loosely near one of the vehicles tires. The warning light for the brake hydraulic system was staying on the reports showed. The inspection that happened 7 months prior cited the break light being on as well. Prestige Limousine was cited for not having rectified it in September. Authorities made their first move against the company, arresting its operator outside Albany and charging him with criminally negligent homicide.

“That limo was coming down that hill probably over 60 miles per hour,” said Jessica Kirby, 36, themanager of the Apple Barrel Country Store, where she said customers were hit near the parking lot. “All fatal.” The area where the limousine blew the stop sign was also a notoriously dangerous area. The spot, an intersection right by Apple Barrel Country Store had prior accidents involving larger vehicles.

The worst automobile accident in nearly a decade

What happened on September 14, 2018 was an avoidable tragedy that. 8,600 people were affected by the gas explosions, with 25 injured, and one fatality. A complaint was filed by a resident of Lawrence named Francely Acosta, who was one of the 8,600 residents affected by the explosions. Acosta accused NiSource of “negligence and creating a public nuisance by failing to maintain gas pressure in its “antiquated” system, which she blamed for Thursday’s explosions” in her complaint.

Potential causes of the explosions identified by The Federal Pipeline and Hazardous Materials Safety Administration, who in their report noted “that the pressure in the Columbia Gas system should have been around 0.5 pounds per square inch (PSI), but readings in the area reached at least 6 PSI — twelve times higher than the system was intended to hold,” their report. Senators Elizabeth Warren and Ed Markey are looking for more information as to what Columbia Gas did to respond to this rep

Injury in explosion

Understanding “Pain and Suffering”

If you or someone you know has been injured in an accident and you’re seeking compensation from a liable defendant, chances are very high you may have heard the phrase “pain and suffering” being used by Attorneys. While, most all of you reading are familiar with the use of these words, their use as legal terms carries a fair share of subtle distinctions.

Pain and suffering resulting from an accident is used as an umbrella term that encompasses the physical and emotional damages that are a result of the accident. To elaborate further, “pain” would include bruises, a broken arm, fractured rib, etc, while “suffering” would be the emotional fallout resulting from those injuries, emotional and mental injuries would be one way to understand “suffering.” These emotional injuries would include feelings such as depression, grief, anxiety, and even fear to name a few.

Negligence is defined as a failure to use the level of care someone of ordinary prudence would have used under the same circumstances. Negligence consists of actions or omissions where there is an expected duty or responsibility owed by one person to another person. Events which cause injury not due to fault of another person involve negligence, and the elements of negligence are as follows.

  • Duty of Care: This boils down to, does the defendant have a responsibility to the plaintiff that it must legally uphold? Is it a responsibility of which the plaintiff is the intended recipient of the defendant’s actions? Establishing a legally defined duty and recognized responsibility of the defendant is the first step to determining a defendant’s negligence.
  • Breach of Duty: After the duty of care has been established, it must be determined whether or not the duty of care was breached. For example was the plaintiff lawfully on a premise owned by tenant? Did the person injure him or herself on the defendant’s premises? Did the owner of the business fail to reasonably prevent the injury? These are but one example of many situations involving a breach of a legally recognized duty.

When you experience the loss of a loved one due to an accident, it is always devastating. If that accident occurred because someone else was negligent, the issues you may be facing multiply. In addition to your family issues, that negligence may create legal issues. The loss of your loved one undoubtedly did major damage to your emotional happiness, and it may also have done major damage to the financial stability of your family. For all of these processes, it is important to retain a skilled Massachusetts wrongful death attorney to represent you and ensure that your legal rights are protected.

Developing and presenting a persuasive case in a wrongful death action involves many types of evidence. A recent example was the case of a man named Albert, who sued a convenience store chain for the wrongful death of his wife, Kimmy. When the couple stopped at the store’s location in Chicopee, Kimmy went inside for coffee while Albert parked the vehicle. As the woman began to enter the store, an 81-year-old man, who may have had a stroke, raced his Ford Explorer through the parking lot and into the façade of the store at more than 55 mph. A store worker was hurt, and Kimmy was killed.

Albert sued the convenience store chain for Kimmy’s wrongful death. In a wrongful death case like this, you can pursue your case under a premises liability theory. This means that, much as with a trip-and-fall or slip-and-fall accident that causes injuries, you can establish the property owner’s liability by showing that there was a dangerous condition present on the property, that the property owner knew or reasonably should have known about the hazard, that the property owner failed to fix the problem, and that this unresolved hazard caused the victim’s injuries.