Boston Personal Injury Lawyers Blog

Parker Scheer LLP co-founder and Managing Partner, Eric J. Parker, has been appointed to a three year term as a member of the Dean's Advisory Committee of the Suffolk University Law School. The appointment was made by Suffolk Law School Dean Alfred C. Aman, Jr. on April 25th, 2008. The purpose of the Committee is to serve as an advisor to the Dean of the Law School in a wide range of areas, including evaluation of the Law School and its programs, fundraising efforts, national standing, and other relevant matters.

For more information, please contact us.

For the 4th consecutive year, Parker Scheer LLP co-founders Barry S. Scheer and Eric J. Parker have been named Massachusetts Super Lawyers® by the publishers of Boston Magazine.The Super Lawyer® designation is the result of annual peer surveys conducted throughout Massachusetts, with only the top 5% of all Massachusetts attorneys receiving the designation. Parker Scheer has been awarded the Super Lawyer® designation every year since the honor was created in 2004. This year, the magazine also named Parker Scheer attorneys Susan M. Bourque, Debra Concepcion, and Ryan P. B. Kelly, as Massachusetts Rising Stars®.

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On June 16th, 2006, the plaintiff was a lawful visitor at the defendants' home. The defendants were the owners of an American Bulldog named "Buster." The plaintiff, a neighbor of the defendant, was familiar with Buster. As the dog approached the plaintiff, the plaintiff knelt-down and the dog suddenly bit at the plaintiff's face, severing a portion of the plaintiff's left nostril and upper lip. There was no evidence of teasing or tormenting which would otherwise have served as a defense to the plaintiffs' statutory claims.

Read the rest of the dog bite settlement and Boston Dog Bite Lawyer news announcement.

LAS VEGAS. A southern Nevada medical clinic, operating as the Endoscopy Center of Southern Nevada, had reportedly been re-using syringes on multiple patients for several years, possibly as far back as March of 2004. Patients who received injections using second hand syringes may have been exposed to dangerous and highly contagious viruses including Hepatitis B and C as well as HIV, the virus which causes AIDS.

According State health officials, as many as 40,000 people may have been patients of the clinic during the subject time period and should be tested for all three viruses as soon as possible in order to best safeguard their own health and the health of those to whom they may have inadvertently transmitted these viruses.According to Parker Scheer Attorney, Andre Lagomarsino, a leading Las Vegas trial lawyer with significant experience in medical malpractice litigation, "the practice of using the same syringe on multiple patients, while rare, constitutes an extreme example of medical negligence, and may give rise to significant malpractice claims by those who contracted viral infection or other harm as a result of the clinic's negligence".

Persons who were patients of the clinic between March 1, 2004 and the present, who feel they may have suffered infection as a result of the negligence of the Endoscopy Center of Southern Nevada, are encouraged to contact the firm's Las Vegas office, toll free, seven days a week, at 866-414-0400 or complete a confidential on-line request for assistance. All inquiries will be maintained in strict confidence.

To find out if you have a case, contact our lawyers for a free confidential case review and receive a response within hours, or call toll free 866-414-0400. If you need a lawyer outside of Nevada, contact us for a referral.

Parker Scheer LLP is currently interviewing persons who may have suffered injury after visiting the CoCo Key Water Resort located at the Sheraton Ferncroft in Danvers, Massachusetts. According to published reports, the park was closed after dangerous levels of chlorine were found at the park. Those affected by the chlorine levels have reported a wide range of symptoms including chemical burns, skin irritation, and other related conditions. Those interested in speaking with a member of Parker Scheer's Complex Personal Injury Group regarding a potential claim should call, toll free, 866-414-0400 or complete a confidential on-line request for assistance.
March 8, 2008, Danvers, MA: CoCo Key Water Resort was still shut down yesterday after testing earlier in the week showed excessive levels of chlorine byproducts, and health officials heard more reports of chemical burns at the $20 million facility attached to the Sheraton Ferncroft Resort.
No reopening time or date has been set, General Manager Kristin Perry said in a statement....Salem News
March 3, 2008 Middleton, NH -- A New Hampshire mother says a group of children who spent the day at CoCo Key Water Park ended up in the hospital with chemical burns caused by the chlorine, a claim the owners of the new attraction deny.
The children spent two days and one night at the Sheraton Ferncroft Resort in Danvers with a group of friends on a Girl Scout trip.
Kristen Baker of Litchfield, N.H., which is about 10 miles north of Nashua, did not accompany her children but said she was horrified to see them when they returned Friday night.
"When she walked in the door she -- oh my God -- she was bright red like a really bad sunburn," Baker said.
Her 11-year-old daughter, Emily, had burns more severe than her 9-year-old brother, Austin, but both had burns so bad it hurt to have clothes on, she said.
Baker claimed the hotel had dangerous levels of chlorine in pools and spas at CoCo Key. The hotel denied the levels were unsafe...The Eagle Tribune

Traffic fatalities caused by alcohol-impaired drivers jump by about ten percent over the Christmas and New Year holidays. A 2007 report from the National Highway Transportation Safety Board found that throughout the year, approximately thirty-percent of all traffic fatalities were caused by alcohol-impaired drivers. During the Christmas and New Year, that number jumps to around 40 percent.

When traveling during the holidays, the Massachusetts Highway Department suggests planning ahead to avoid holiday car accidents by: picking a designated driver before going out, taking a cab, using public transportation, or calling a sober friend or family member. If you’re on the road, avoid cars that zigzag across lanes, make wide turns, brake and accelerate rapidly, or have a delayed response to traffic signals. Other hallmarks of a drunk driver include cars driving without their headlights on at night, cars driving 10 miles per hour above or below the posted speed limit or cars that are following too closely. The Department advises drivers to call 911 if they observe a vehicle driving in this manner.

If a drunk driver has injured you, or someone you know, in a Massachusetts car accident, you may be entitled to damages. To speak with a highly experienced Massachusetts car accident lawyer, phone Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.

Recently, the National Highway Traffic Safety Administration reviewed 1,446 fatal accidents, and it found that in 255 cases the air bags had not been replaced after a previous accident. A common scheme used by unscrupulous auto repair shops is to bill insurance companies to replace old air bags, but instead stuff old airbags, rags, clothing, beer cans, paper, or even packing peanuts into air bag compartments.

The state of Massachusetts, the federal government, and the insurance industry do not track car accident injuries or fatalities caused by air bag fraud. Massachusetts does not regulate air bag replacement, even after an air bag has been deployed in an accident. Massachusetts has no criminal penalty for fraudulent replacement of air bags.

Typically, a car’s air bag light comes on for a few seconds when a car is started. If the light remains on, flashes, or never comes on, this is a clear warning that there is an air bag malfunction. A qualified mechanic should check the air bag. Not only will a car fail a Massachusetts inspection if the air bag light is on, but the air bag may not deploy in an accident.

Prior to purchasing a used car, it is advisable to check a vehicle’s accident history. Even where an air bag has not deployed, such as in a flood, an air bag’s effectiveness can still be inhibited.

If you or someone you know has been injured by a faulty air bag or an air bag malfunction, you may be entitled to compensation. To speak with a highly experienced air bag malfunction lawyer, or a faulty air bag car accident lawyer, phone Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.

According to the National Highway Transportation Safety Administration, in 2007 the overall number of traffic fatalities dropped to its lowest level since 1994. Out of approximately 3 trillion miles traveled, there were 41,059 traffic fatalities. The NHTSA data showed a decline in passenger car fatalities for the fifth consecutive year, a decrease in light truck fatalities for the second straight year, and a drop in injuries for the eighth year in a row.

Breaking down the numbers, there were 16,520 fatalities and 1,379,000 injuries in passenger cars. By comparison there were 12,413 fatalities and 841,000 injuries in light trucks (the federal government’s definition of light truck includes vans, minivans, SUVs, and pickup trucks). Only motorcycle-related fatalities and injuries increased from 2006; there were 5,154 fatalities and 133,000 injuries on motorcycles.

The NHTSA’s 2007 data reveals that vehicle occupants accounted for 74 percent of traffic deaths, motorcyclists were 13 percent of the deaths, pedestrians accounted for 11 percent and bicyclists and non-occupants accounted for the remainder.

The top five driving behaviors leading to fatal traffic accidents included failure to stay in a lane (28 percent), speeding (21.5 percent), drugs or alcohol (13.6 percent), inattentiveness (8.4 percent), and failure to yield (7.2 percent). Some of the other risky driving behaviors that the NHTSA catalogued were failure to obey traffic signals or signs, improper turns, driver fatigue, and reckless or negligent driving.

Preliminary data for 2008 show that the overall number of traffic fatalities was down 10 percent for the first ten months of 2008, as compared to 2007.

The NHTSA also reviewed 2006 data for trends in traffic fatalities that involved speeding. It found that motorcycles were the deadliest: 37 percent of all motorcyclists involved in fatal crashes were speeding. For other types of vehicles, 23 percent were passenger car drivers, 19 percent were light truck drivers, and 8 percent were large truck drivers (by definition, a large truck is one that weighs at least 10,000 pounds). The NHTSA estimates that crashes cost $230.6 billion per year, and speeding-related crashes accounted for $40.4 billion of that figure.

The NHTSA also reviewed 2006 data for trends in traffic fatalities that involved speeding. It found that motorcycles were the deadliest: 37 percent of all motorcyclists involved in fatal crashes were speeding. For other types of vehicles, 23 percent were passenger car drivers, 19 percent were light truck drivers, and 8 percent were large truck drivers (by definition, a large truck is one that weighs at least 10,000 pounds). The NHTSA estimates that crashes cost $230.6 billion per year, and speeding-related crashes accounted for $40.4 billion of that figure.

The federal government considers a driver to be alcohol-impaired when he or she has a blood alcohol content of more than 0.08 percent (Massachusetts drunk driving law also uses 0.08 percent). In a study of alcohol-impaired driving, the NHTSA found that in 2006 a third of all traffic fatalities were linked to alcohol-impaired driving. The 13,470 fatalities equal one alcohol-impaired fatalities every 39 minutes.

If you or someone you know has been hurt in a car accident, you may be entitled to compensation. To speak with an experienced Massachusetts car accident lawyer, contact Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.

Each year, on the day after Thanksgiving, thousands of Americans line up before dawn outside stores, outlets, and malls to get the latest door buster sales on all sorts of consumer goods. A lucky few walk away with deals, others leave empty-handed, and many more of us, perhaps those who have been sleeping off the big turkey dinner the night before, view the bedlam on our televisions from the comfort of our own homes.

Most Americans are familiar with the large crowds and negotiating parking lots to find a spot, but what happens when a shopping trip turns into a trip to the emergency room or doctor's office? In Massachusetts, a landowner must act as a reasonable person in maintaining a property in a reasonable safe condition in view of all of the circumstances, including (1) the likelihood of injury to others, (2) the seriousness of the injury, and (3) the burden of avoiding risk.

Does the storeowner need to be aware of the wet floor or other hazardous condition? It depends. Massachusetts' highest court has recognized that it can be difficult for an injured party to prove an owner actually knew or should have known about a dangerous condition.

Notice of a hazardous condition requires a determination of: (1) whether an owner could reasonably foresee that a foreseeable risk stemming from the owner's "mode of operation" could occur and (2) whether the owner exercised reasonable care in maintaining the premises in a safe condition commensurate with these foreseeable risks.

For example, in a case where a customer sustained serious injuries after slipping and falling on a grape, a grocery store could be considered to have notice of the dangerous condition where it was reasonably foreseeable that the store's produce could end up on the floor.

Similarly, a storeowner can be liable for dangerous conditions caused by third parties, i.e. other customers. Liability only attaches, however, if the owner could reasonably foresee that the dangerous condition could occur, resulting from the owner's chosen mode of operation, and the owner took inadequate steps to forestall resulting injuries.

A commercial landlord, like an owner of a mall, has a duty to keep the premises in a safe condition; the landlord is liable for personal injury when either (1) he or she agrees to be liable under the terms of a lease, or (2) an injury occurs in an area of the property over which the landlord has some control..

Massachusetts courts only impose liability upon a commercial tenant if he or she occupies the entire premises. For example, a commercial landlord was not liable for injuries from a slip and fall injury when the company had leased the entire premises to the United State Postal Service.

If you or someone you know has been injured by, you may be entitled to compensation. To speak with a highly experienced premises liability lawyer phone Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.

The end of the school year and beginning of the summer months is a time when children and adults frequently find themselves conducting activities outdoors. This increase in human outdoor activity is also mirrored by that of man's best friend, dogs. Although the relationship between these two species is usually pleasant, situations arise when humans fall victim to dog attacks, including dog bites. An example of such an attack occurred on May 16 in Peabody, when a Pit Bull attacked three women and a police officer. Both the animal and victims were outside of a mobile trailer home when the attack took place. One victim endured roughly 50 dog bite wounds. As a result of the vicious attack the dog was ordered to be euthanized.

Dog attacks occurring within the summertime are a frequent and disturbing headline. Many times the animals will prey upon victims who tend to be incapable of defending themselves. Such victims tend to be children or the elderly. In certain circumstances, the dogs even develop a pack mentality, attacking humans in a group, and working together to deliver potentially fatal injuries to the victim.

In Massachusetts, the owner or keeper of the animal is strictly liable for dog bites unless the victim was teasing, tormenting, trespassing, or committing another tort at the time of the attack. In order to be strictly liable, the plaintiff must prove two essential elements; (1) that the Defendant was a "keeper" of the dog and (2) that the dog inflicted the bite on the Plaintiff. Another cause of action that a plaintiff can bring against an owner or keeper of the dog is a negligence claim. In order for the Plaintiff to prevail on negligence claim the Plaintiff must prove two essential elements (1) that the dog had dangerous and vicious propensities and, (2) the Defendant had knowledge of the propensities.

Certain areas of New England are taking even further steps to prevent dog attacks and dog bites from occurring. The Police Department in Woonsocket, RI, is urging city officials to adopt breed-specific ordinances similar to those established in the neighboring towns of Pawtucket and Central Falls. These ordinances would force pit bull owners to spay or neuter the animal, register it with city authorities, and keep it leashed and muzzled in the public at all times. Further, owners of this breed also are required to have a $100,000 liability insurance coverage policy.

In the past many attacks have occurred as a result of the pit bulls' muscular makeup and harsh treatment by the owners. Head Promoter of the ordinance, Animal Control Officer Doris Kay says that she used to think all dogs were created equal. But she says she's learned that in Woonsocket Pit Bulls bite more often and cause more injury, than any other breed, although there is more to the story. "Virtually all of the serious injuries caused by pit bulls involve animals that are neglected by their owners," she stated. "Most are neither spayed nor neutered, lack the necessary inoculations for rabies or other animal-borne illnesses and have never been to a veterinarian."

Many people feel that the neglect of a few dog owners has unduly given the pit bull a harsh reputation as a ferocious and untrustworthy canine. Although the pit bull may be a product of their owner, the fact remains that, in 2008, half of all dog bites in Woonsocket were attributed to pit bulls. Carmine DiCenso, director of animal welfare at the Providence Animal Rescue League stated "that it can be a very loyal, loving breed but in the wrong hands it's a time bomb. It is impossible to separate the breed from the socioeconomic setting in which they are often forced to live."

The ordinance has been adopted and seen success in both Pawtucket and Central Falls. Since 2004, there has not been a serious pit bull attack within these cities. The ordinance has proven beneficial in numerous ways. It promotes the safety of individuals by mandating that owners of pit bulls be responsible people. .

For more information about your rights in connection with an injury caused by a dog bite or dog attack, or to speak with a member our legal staff, contact us or call our Boston office toll free seven days a week at 866-414-0400. There is never a charge to discuss a potential case.

The restaurant business can be a slippery slope. This is not only due to tough economic times but because of the slips and falls that occur in the workplace every day. Boston has a large number of restaurants and visitors and a personal injury on the job can be a frequent occurrence. Restaurants are particularly susceptible to this danger, since floors can be slick from cooking oils or soap and water. In addition, staircases leading to storage rooms, basements and wine cellars tend to be narrow, dimly it and many times, steps are in poor condition.

We have provided safety tips that can prevent the slips and falls that lead to premises liability suits. First, keep stairs non-slippery; they should remain clean and dry between washings. Use noticeable signs when the floor is wet to ensure that the staff (as well as the customer if in the dining room) is extra careful around the area. When cleaning, use slip-resistant waxes to treat or polish floors. Next, double check your carpeting, rugs and mats. They should be free of holes, loose threads and edges and any bumps that will allow for a stumble or fall. Move any type of obstacle out of the way; for example, if your staff leaves footstools or ladders in the middle of the kitchen or storage room floor, break that habit immediately. Instead, footstools and ladders should be put away right after use, and stored in a safe place. Also, make sure these items have non-skid feet and are in good condition.

For stairways, check the lighting to make sure it is brightly lit. Purchase bulbs with a higher wattage and change them frequently. Provide a handrail for your workers - if you do not have one, install one immediately. Do not store boxes or other items in the stairway. This is a recipe for disaster. Even though it may increase your monthly electric bill, always keep the lights on in stairwells to ensure the staff's safety.

In the restaurant business, slips and falls often occur. If you experience a slip and fall at restaurant in the Boston area then contact a personal injury lawyer located at the Boston, MA offices of Parker Scheer. Parker Scheer is a highly experienced Boston personal injury law firm. Please contact us for a no fee consultation. Our phone lines are open 24 hours a day, seven days a week at 866-414-0400. We also have our quick and easy E-form - fill it out, click Submit and you will receive an answer within four hours.

For more information about your rights in connection with a slip and fall accident injury case or an injury from a fall then contact us or call our Boston office toll free seven days a week at 866-414-0400. There is never a charge to discuss a potential case.

Dog bites account for a surprising amount of deformities in the US. Over $100 million is spent treating dog bites each year and the number keeps growing. Most common are injuries from a dog bite to the face, and treatments range from cleaning the wound and bandaging to extensive reconstructive surgery. Unfortunately, if the latter is the case, a scar or scars will remain, but with the help of plastic surgery, the appearance can be reduced dramatically. If this has happened to you or your child, you should consult with a Boston dog bite lawyer for a bite to the face.

If you or your child is bitten by a dog, and if the wound is open, you must seek immediate medical attention. Then watch for signs of infection. Symptoms include redness, swelling, streaks of red and fever. Contact a doctor immediately if these symptoms appear. If the bite is serious, then the victim should look into plastic surgery options. Many times, a bite is so deep that nerves, tissue and bone become damaged, resulting in a deformity. A plastic surgeon can analyze the damage and put forth a plan to graft the deformed skin and reattach blood vessels if needed.
Parker Scheer has represented numerous adults and children injured by dogs, involving claims for facial scarring and disfigurement, near amputation of fingers, psychological trauma, and other related injuries and losses.

Early plastic surgery can be a victim's best option, since many insurance companies do not cover surgeries for revision of dog bite scars. They consider them to be "cosmetic" instead of a necessary medical treatment. The amount of surgery needed to receive optimal results will vary. Some patients may only require one or two surgeries while others may have to have reconstruction for years down the line. In the future, the dog bite victim may want to look into sanding or fine repairs to scar tissue to improve her/his appearance. This is why it is best to speak with a Boston dog bite lawyer to help achieve a dog bite settlement.

Cases handled by Parker Scheer involving serious injuries caused by dogs have resulted in substantial recoveries for our clients. Before selecting a law firm to handle your case, take a moment to review the facts with a Parker Scheer trial lawyer experienced in the area of animal attack-related injuries. There is never a fee charged for an initial consultation, and all information will be kept strictly confidential.

Neck injuries that result from car accidents usually happen in a hit from behind, or rear end collision. The most common injury is whiplash. Whiplash is when the head moves suddenly in one direction and recoils in another, causing the neck to be forced beyond its normal range. Victims begin to experience symptoms following the accident. These symptoms are headaches, fatigue, dizziness, pain in the shoulder and between the shoulder blades and pain in one or both arms. Additional signs are sleep disturbance, poor concentration or memory or a sudden onset of ill-temperament or depression. Whiplash is more serious than people tend to believe, in fact, many victims never fully recover from it.

If you've experienced whiplash from a hit from behind, you should speak with a Boston personal injury lawyer who specializes in Massachusetts car accident law. The medical expenses for future years down the line may be more costly than you can imagine. Many who are suffering from whiplash resort to extensive physical therapy, injections and surgeries. The underlying cause for prolonged whiplash most of the time is trauma to facet joints and discs. Facet joints are found at each level of the spine, with the exception of the top, and allow for 20 percent stability when twisting the torso for the neck and lower back. If they are damaged in any way, rotation becomes painful and the victim is less mobile.

Injury to a disk is also severe. The cervical spine consists of the seven vertebrae in the neck that are separated by disks. Disks serve as cushions in between the vertebrae. They have three main functions: allowing extension of the neck; absorbing shock and connecting vertebrae to one another. If these disks are injured in any way, the pain may be constant and last for a long period of time. Also, when ligaments in the cervical vertebrate are stretched or torn beyond their normal range of motion due to whiplash, this will cause a neck sprain. A neck sprain is another common result of whiplash.

Please contact a Massachusetts personal injury lawyer at Parker Scheer if you or a loved one has sustained a neck injury. The Massachusetts car accident lawyers at Parker Scheer LLP will work to win the best settlement for you and your family.

The statistics for head-on collisions are frightening. They account for 10 percent of fatalities for all crashes. A common myth is that traveling at high speeds will only cause a head-on collision car accident, when in fact; a lower speed can cause significant injuries. For example, two vehicles that collide at 50 miles per hour is the equivalent of a car hitting a stationary vehicle at 100 miles per hour.

A common serious injury sustained in this type of accident is bleeding of the brain. When a car travels along the road at a certain speed and then is hit head-on, the soft tissue of the driver's brain will propel against the skull as the driver propels forward. In other words, the brain will react just as the body, lunging forward and then suddenly stopping. Once this happen, blood vessels tear and the brain begins to bleed uncontrollably. The blood will begin to fill the brain, yet there is no room for extra liquid. When this happens, the brain cannot withstand the pressure anymore, and the sections, which control breathing and heart rate, will shut down. Then the person is immersed in a life or death situation. If you or a family member have been injured in a car accident in a circumstance such as this, it is best to consult with a head-on car accident lawyer. At Parker Scheer, you can talk with a highly experienced Boston personal injury lawyer.

Besides immediate critical injury, there can also be another consequence of a head-on highway car accident. A person may not realize that s/he has head trauma and assumes that everything is fine, waving off emergency medical care. Then hours to days later, the person may experience confusion and pain and slip into a coma in the middle of the night. For this reason, it is always recommended to accept emergency care at the scene because emergency medical technicians can recognize the signs of even the slightest brain trauma.

Please contact us at Parker Scheer if you or a family member has sustained a brain injury from a head-on collision. A Massachusetts personal injury lawyer will be happy to discuss your case with you over the phone or in person.

Have You Been Injured In A Car Accident?

Find out if you have a case. If you have suffered an injury in an auto accident due to the other car driver's negligence, contact us for a free confidential case review contact us for a free confidential case review and receive a response within hours, or call toll free 866-414-0400. If you need a lawyer outside of Massachusetts, contact us for a referral.