Boston Personal Injury Lawyers Blog

The Massachusetts Appeals Court recently addressed this exact issue as it related to a guest who was struck in the back of the head by a softball while visiting a friend's home. The plaintiff was seated on the defendants' deck while other guests engaged in a softball game including one of the defendant homeowners. The softball game took place in close proximity to the deck where the plaintiff was seated. As the game progressed one ball was hit onto the roof above the porch. After that ball went astray, the defendant homeowner asked the participants to hit the ball down, to bunt and/or to swing half way when making contact with the ball. Shortly thereafter, the plaintiff was struck in the back of the head with the softball hit by another guest.

The plaintiff filed a lawsuit alleging the defendant homeowner was negligent of the safety of his guests resulting in a premises liability because he organized and participated in the game. The defendant, homeowners filed a Motion for Summary Judgment alleging they owed no duty to the plaintiff under these circumstances. A Massachusetts Superior Court allowed the defendants' Motion for Summary Judgment. The plaintiff appealed the decision.

Massachusetts law does not typically hold homeowners liable for the conduct of other persons who cause a personal injury at their home. In this case however, the homeowners' ownership of the equipment and the right to control the use of the equipment placed them in a position of authority to which a duty attached. The Appeals Court held that the defendant homeowners owed a duty to the plaintiff because the defendant homeowners:(1) owned the softball equipment; (2) had the right to control the use of the equipment; (3) were present and aware the equipment was being used; and (4) were aware of the danger to the guests on the porch given that one ball was hit onto the roof above the porch. The Appeals Court remanded the case back to the Superior Court. In doing so, the Appeals Court noted that the ultimate issue of whether the defendant homeowners are liable for the plaintiff's injuries must be left to the fact finder.

Continue reading "Does a homeowner who invites guests to his home owe those guests a duty of care for actions of third parties? " »

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.

Neck and Brain Injury Can Arise from Driving without a Seatbelt

Although it is the law, many people still do not wear seatbelts, which can lead to horrific consequences such as death or brain injuries and brain trauma. One of the many causes of Traumatic Brain Injury (TBI) is car accidents, and your chances of this happening can increase astronomically if you don't wear a seatbelt. If you are not secured in the event of a car accident then it's more likely you might be thrown from the vehicle or thrown through the windshield.

This type of car accident where you are thrown from the vehicle can lead to serious cases of brain trauma, where there are alterations in the blood flow and increased pressure on the skull. Another common brain injury from not wearing a seatbelt is an injury to the spinal cord or neck trauma, which can range from whiplash to a basilar skull fracture. The latter is what famed race car driver Dale Earnhardt, Sr. died from.

Perhaps one of the most famous cases in recent history of brain damage caused by not wearing a seatbelt is that of John Graziano. He was a passenger in the car of Nick Bollea, son of professional wrestler Hulk Hogan and television star. In a tragic decision, Graziano did not wear a seatbelt. Upon impact, Graziano's life changed forever, going from an active marine to a person who needs round the clock care for the rest of his life. Critical injuries such as these are a reality, happen frequently and tragically in Boston car accidents throughout the Metro-Boston area. Tragic Injuries can befall those who choose not to wear a seatbelt.

If you or a loved one ends up with traumatic brain injuries that result from a car accident, it is best to seek out a Massachusetts brain injury lawyer. At Parker Scheer, you can speak with one of the Boston personal injury attorneys that specialize in traumatic brain injuries that arise from car accidents. The attorney will provide a free consultation. We are a Boston personal injury law firm with over fifty years of combined experience. Please call us anytime, our phone lines are open seven days a week, 24 hours a day at 866-414-0400, or fill our convenient E-form and we will respond within in four hours.

For more information about your rights in connection with a traumatic brain injury case 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.

It was not so long ago that a blow to the head was thought to be a short-lived event with no long-term consequences.  That phrase that "Johnny was just not the same" after he got knocked out has taken on new meaning as the understanding of the intricacies of the brain have advanced.

What sometimes seems to be an innocent bump to the head can carry long term consequences.  When one sees stars after such a collision, it is time to take note, and to take action.

Any trauma to the brain has to be taken seriously.  There is no slight blow to the delicate tissue of the organ whose alteration, no matter how slight, can have profound consequences.  Modern medicine has taught us that it is dangerous, no, it is not very smart, to ignore even the slightest loss of consciousness.  When this occurs, get to a doctor, and get to one immediately.

The biggest problem which many who have suffered a brain injury encounter is that no one recognizes that a loss of consciousness has occurred.  Hospital personnel note no "LOC" in an injured worker's chart, but that history is most often based upon a statement from the very person who lost consciousness, and then reports that he or she does not recall losing consciousness. 

Recognize that a loss of consciousness does not require that a person be found on the ground with his or her eyes closed.  A loss of consciousness occurs whenever one loses a sense of his or her surroundings.  Think of it as being out on your feet.  Whenever anyone is unable to recount what happened after a blow to the head that person has likely suffered a loss of consciousness and accompanying TBI, traumatic brain injury.

Do not be discouraged by the skepticism that a victim of a TBI encounters.  Diagnostic testing for a TBI is lacking.  Unlike a broken bone, a ruptured disc, or a torn rotator cuff, a TBI is not apparent in conventional diagnostic testing.  That does not mean that it does not exist; it means that it is difficult to prove.

If a family member or friend suffers such an injury at work do not dismiss it as something that will pass.  Be certain that the history is accurately recorded in the medical records, and look for signs of a traumatic brain injury -short-term memory loss; irritability; inability to recall the "right" word; and/or an inability to perform multiple seemingly simple tasks at the same time.  These are symptoms of a TBI, and need to be taken seriously, and treated immediately.

If you or someone you know has suffered a head injury at work you may be entitled to Massachusetts workers' compensation payments for disability and/or medical care.  Speak with a highly experienced workers' compensation lawyer, by contacting a personal injury lawer at 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.