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A slip and fall accident can leave you with serious injuries and may interfere with your ability to earn a living. If you have been injured in a slip and fall accident, you might be able to recover monetary damages for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our trusted Massachusetts slip and fall attorneys are committed to aggressively protecting your rights and holding negligent property owners responsible.

The Holden Case

A Massachusetts Superior Court case recently discussed the accountability that can accompany the effects of snow, ice, rain and other adverse weather conditions. In Holden v. Wal-Mart Stores East, LP, the judge questioned the long established “transitory water doctrine,” which has often shielded property owners from liability. The courts stated that it was a question of fact whether a shop owner can be held responsible for a slip and fall resulting from water brought into the property by another customer’s boots on a rainy day.

In the case at hand, a customer entered a Wal-Mart store on a rainy day. Upon entering, the customer fell because of water accumulation on the tile floor due to water that had been tracked in by other customers. Specifically, she slipped between the door and a mat, which was located a few feet away. The woman sued Wal-Mart for her injuries. Wal-Mart moved for summary judgment, claiming that the transitory water doctrine barred the plaintiff’s claim.

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If you have been injured or your loved one has been unexpectedly killed in an accident that was not your fault, you may be eligible to recover compensation for your injuries and losses. At The Law Offices of Barry Feinstein & Affiliates, P.C., our trusted and hardworking Massachusetts personal injury attorneys know how to handle even the most complicated accident claims.

The Case

In Dubuque v. Cumberland Farms, Inc., the Massachusetts Court of Appeals affirmed the remitter of a $32 million award to a $20 million award to the husband of a woman who was killed by a speeding SUV. According to court documents, the woman was struck and killed as she walking into a grocery store by the vehicle, which had raced across an intersection and crashed into the front of the store. The woman died instantly.

Unfortunately, storefront crashes are more common than you may think. According to the Storefront Safety Council, in excess of 500 individuals are killed and approximately 3,6000 people are injured in accidents as a result of motorists driving into storefronts each year.

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Even though they are not main roads, parking lots have their own right-of-way rules which drivers are required to adhere to. When drivers are careless or not paying attention, serious parking lot accidents can result. If you have suffered an injury in a parking lot crash, it is imperative to contact an experienced Massachusetts injury attorney who can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are dedicated to assisting victims of car accidents in the recovery of any damages they are rightfully owed.

Parking Lot Crashes

According to the American Automobile Association, approximately 14 percent of car accidents take place in parking lots. These wrecks can range in severity. Some are minor incidents such as fender benders, opening a car door and striking another vehicle, while others are much more severe and may involve striking someone with a car or backing into another vehicle at a relatively high speed. The risk of a parking lot accident is even higher during the holiday season when people are swarming to malls and shopping centers. In addition, with severe winters in Massachusetts, it is possible for parking lot accidents to involve snowplows.

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If you have been injured due to the carelessness or error of a medical professional, you may be eligible to recover damages through a medical malpractice claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts medical malpractice attorneys will analyze the facts of your case and provide you with an honest evaluation of your claim. Medical malpractice is a complex area of law and having the right attorney on your side can be the difference between winning and losing your case.

Earlier this year, a Massachusetts Court of Appeals held that a plaintiff’s future medical damages in a medical malpractice case do not depend on the plaintiff’s past medical expenses. In Larkin v. Dedham Medical Associates, Inc., a husband filed a medical malpractice lawsuit on behalf of his wife and their child against the wife’s primary care doctor. The woman had initially gone to the doctor complaining of being dizzy constantly. An MRI showed that she had a venous varix in her brain although that was not the reason for her dizziness. The MRI results were communicated to the woman’s primary care physician but the physician failed to add it to the “problem list” in her medical file.

Three years later, when the woman became pregnant, the primary care physician never told her obstetricians of her venous varix. This led to the woman not being told that there was a specific risk that the venous varix would rupture during vaginal labor. According to the records, the woman’s obstetricians routinely checked the plaintiff’s “problem list” but were not alerted to the venous varix due to the primary care physician’s failure to make a note of it. Due to the physical stress of vaginal birth that lasted over 20 hours, the woman’s venous varix ruptured. The woman suffered a stroke and ultimately suffered permanent injuries. She lost her ability to walk or care for herself. She now requires around-the-clock care.

During winter months in Massachusetts, the chances of suffering a serious injury from routine activities such as walking or running can increase significantly due to slippery surfaces caused by snow and ice. If you or loved one has been hurt in a slip and fall accident on snow or ice, you should contact a reputable Massachusetts personal injury attorney immediately. At The Law Offices of Barry Feinstein & Affiliates, P.C., we understand the nuances of this area of law and can apply our insights and experience to your case.

Slip and Fall Accidents

The Centers for Disease Control and Prevention reports that unintentional falls account for approximately 19,565 deaths annually in the US. About 20 to 30 percent of individuals who undergo a slip and fall suffer moderate to serious injuries including bruises, hip fractures and/or head injuries. Snow, ice and freezing temperatures tend to significantly increase the risk of slip and fall injuries. Black ice is perhaps the most dangerous aspect of winter because it is virtually impossible to see to those walking on it. As such, the accident rate on black ice can be up to five times higher than on dry surfaces.

Liability for Slip and Fall Accidents 

Under the old rule in Massachusetts, a property owner could not be held liable for injuries on their property arising from a natural accumulation of snow and ice. The previous law did not consider the natural accumulation of snow and ice as an actionable property defect. Thus, old cases hinged on whether the accumulation of snow or ice was “natural” or not.

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If you have been injured at your workplace, you may be entitled to compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts workers’ compensation attorneys are committed to helping every injured client understand their rights under the workers’ compensation system. We understand how daunting a workplace injury can be, which is why want you to focus on your recovery while we focus on getting you the benefits you rightfully deserve.

The Findings on Teen Workers in Massachusetts

According to a recent report released by the Massachusetts Department of Public Health, approximately half of the teenage workers in the state who were hurt at their workplace from 2011 to 2015 indicated that they did not receive health and safety training from their employers. The report analyzed 156 interviews with teenagers who sustained injuries during that five-year timeframe. About 49 percent stated that they did not go through work-related health and safety training and half believe the injury suffered could have been prevented. Data from the Centers for Disease Control and Prevention shows that the nonfatal injury rate for teenagers is almost double to that of workers who are at least 25 years of age.

Massachusetts Workers’ Compensation Law

The Massachusetts workers’ compensation statute is designed to ensure that workers who have been unable to work for five days or more due to a work-related injury or illness receive the appropriate medical treatment and wage benefits for their harm. In order to be covered by the workers’ compensation program, the injury or illness must have occurred within the course and scope of employment. In other words, the injury or illness must have happened ‘on the job.’

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Sadly, truck accidents are far too common. The US Department of Transportation has found that about half a million trucking accidents take place on an annual basis throughout the country. Data from the National Highway Traffic Safety Administration, 5.6 percent of all deadly accidents in Massachusetts involved large trucks. Truck accidents are almost always very serious. If you have been hurt in a truck accident, we urge you to seek the help of a seasoned Massachusetts truck accident attorney who is able to assist you with your claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., we provide each and every client with skilled legal representation every step of the way.

Earlier this week, a tanker truck full of 12,000 gallons of gasoline rolled over and crashed with another vehicle early in the morning. The driver of the truck was pronounced dead at the scene and another man was injured but is currently in stable condition. Fuel spilled out on to the roadway and several hours later – the firefighters, police and highway workers were still laboring to the end the danger. Both sides of the highway were shut down as the fuel was cleaned up. Law enforcement commended the crews on the clean up effort and stated that it was lucky the spill did not become disastrous. The accident is still under investigation.

Compensation for Truck Accident Injuries

If you were hurt in a truck accident caused by a truck driver’s negligence in Massachusetts, you may be able to recover damages for your harm. ‘Damages’ is the legal term that denotes a sum of money awarded as compensation for a loss or injury. Some common examples of damages include, but are not limited to: medical expenses, retaliation expenses, lost wages, pain and suffering, future medical expenses, property damage, disability and more.

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Pedestrian accidents can lead to catastrophic injuries and, in the most serious cases, death. If you have lost a loved one in a pedestrian accident caused by a motorist’s negligence, let our skilled Massachusetts personal injury attorneys handle the case. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of our clients and helping them secure the maximum possible compensation in their cases. There are strict time limits in all personal injury cases so it is imperative to act as quickly as possible after an accident.

A Boston woman is facing multiple charges in connection with a deadly pedestrian wreck in Revere that took the life of a 5-year-old and left five others injured. Law enforcement states that the woman was driving an SUV when her automobile veered off the road and into a median strip that divides the highway. The pedestrians were reportedly strolling alongside the grass median strip at the time that they were struck. Many of the victims were rushed to the hospital, including a two-month-old girl who ended up in the hospital’s intensive care unit. Prosecutors stated in court that the woman had been drinking earlier in the day and taken a sleep aid as well as a drug to relax her muscles the night before. They claimed the driver had also confessed to vaping CBD oil in the SUV and said she may have dozed off behind the wheel.

Liability for a Pedestrian Accident

Drunk driving is a serious problem in Massachusetts and across the United States. Intoxicated drivers pose a serious threat to everyone else on the road. If you have been injured or someone close to you has been killed in an accident caused by a drunk driver, you may be able to sue the at-fault driver. At The Law Offices of Barry Feinstein & Affiliates, P.C., our skilled Massachusetts injury lawyers are committed to holding negligent parties accountable for the harm that they cause and obtaining justice and compensation for injured victims, as well as their families.

The Stats For Massachusetts 

According to a MADD (Mothers Against Drunk Driving) rating, Massachusetts ranks 36th in the nation for the number of drunk driving traffic fatalities. 31% of fatal auto accidents in the state are associated with drunk driving, and 119 individuals died as a result of driving under the influence in 2016. The Centers for Disease Control and Prevention collected data over a longer period of time, noting that 1370 people died in Massachusetts vehicle accidents that involved a drunk driver between 2003 and 2012. While the national percentage of adults who reported driving after drinking too much over one thirty-day period in 2012 was 1.9, respondents from Massachusetts clocked in at 2.2%, a concerning result, given the number of people anticipated to be driving on state roads this holiday season.

If you are involved in a chain-reaction auto accident, you may have suffered serious harm, and you may have many questions: What should I do next? How can I go about getting a fair payout for the damages I suffered? You are likely contemplating these serious questions while also dealing with the painful after-effects of the accident itself, as well as collateral consequences like having missed work for a time. If you have suffered injuries in a situation like this, you should focus on your personal recovery and consider retaining a skilled Massachusetts injury attorney who can pursue your recovery of damages in court.

Chain-Reaction Accidents

Earlier this year, the online news site wickedlocal.com reported on an accident that took place here in Plymouth County. The accident occurred after a minivan, driven by a 54-year-old woman, allegedly slowed or stopped to make a left turn off Route 104 in Bridgewater. A pick-up truck, driven by a 29-year-old woman, was behind the minivan and purportedly did not stop in time, rear-ending the lead vehicle. That impact pushed the van into oncoming traffic. The van side-swiped an SUV and then crashed head-on into a sedan. The drivers of the truck, the van and the sedan were all taken to hospitals with “non-life-threatening” injuries. The police cited the driver of the truck for following too closely.