Boston Accident Lawyer Blog

A Worcester, Massachusetts gun manufacturer has agreed to pay the families of two men, one of whom was killed and one who was wounded, to settle a Massachusetts wrongful death suit that resulted after the men were shot from a gun manufactured by Kahr Arms.

Before you wonder why a gun manufacturer would be named as a defendant in a civil suit for damages stemming from the use of a gun that it manufactured: Remember, there is always (as here) a story behind the story: You see, the man who shot the victims was an employee of Kahr Arms, who stole the gun from his employer and then used it to shoot the two victims outside a Worcester nightclub in 1999. That employee had a criminal record that his employer never checked into, and the suit alleged that Kahr should have conducted employee background checks prior to hiring the employee, who was quite dangerous. The suit also claimed that the company should have employed better employee theft-prevention methods to prevent an employee from stealing a gun for illegal use, such as installing metal detectors at the plant to prevent employees from stealing the guns they manufactured.

Guzman’s family and the man who was wounded filed a wrongful death suit against Kahr Arms, and eventually Kahr Arms agreed to pay $600,000 to settle the case before going to a jury. As a Boston/Dedham Massachusetts wrongful death lawyer, it’s easy for me to see why the defendant settled this case. Instrumental in the litigation and settlement of the case was the Brady Center to Prevent Gun Violence in Washington, D.C., named after President Ronald Regan’s Press Secretary who suffered a permanent brain injury in the assassination attempt against Reagan. The Brady Center termed the settlement the largest damages payment to date made by a gun manufacturer accused of negligence in the criminal use of a gun.

Certainly, gun fatalities are not the only reason wrongful death suits can be brought against defendants; they can be brought for a variety of legal reasons. If you or someone you care about has lost a loved one and suspects that another person's or party's negligence was to blame, contact us for a free legal consultation. We are very expereinced at litigating thee types of complex cases, and we can guide you to the best legal outcome possible under the circumstances.

Nursing home abuse and neglect is, tragically, still a “dirty little secret” for most of society. While public consciousness has been raised in the past two decades due to the efforts of plaintiffs’ tort lawyers and brave families, I don’t think enough people, or enough media, truly appreciate just how pervasive this problem really is. Massachusetts nursing home abuse and neglect (and nursing home abuse that occurs everywhere) is caused by the willingness of far too many nursing home companies, to allow the safety and well-being of their paying residents to suffer, in the name of maximizing their profits.

Making matters worse, corporations that own nursing homes in Massachusetts still cannot be held criminally responsible for the acts of their employees. Note: I am talking here about a corporation being held responsible for criminal acts, not specific individuals. While a specifically named nursing home employee who is accused of committing a criminal act against a nursing home resident, such as an assault and battery, can be criminally convicted, the corporation still, as of this time, cannot be.

In my view as a Norfolk County Massachusetts nursing home abuse lawyer, that itself ought to be a crime. The Massachusetts Attorney General tried to change that law in a novel criminal indictment a few years ago. Sadly, that noble effort did not succeed. The indictment charged a parent corporation that owned a nursing home with involuntary manslaughter and criminal neglect, based on its collective knowledge of the conduct of several of the corporation's employees. What made the case novel was that the indictment did not single out any one employee of the corporation for criminal acts -- instead, the corporation itself was indicted. This legal approach to indicting a corporation for the criminal acts of its unnamed employees, had never before succeeded. The case was Commonwealth of Massachusetts vs. Life Care Centers of America. This case represented the first attempt by the state of Massachusetts to criminally indict a corporation for manslaughter and neglect in the death of a nursing home resident.

The case held the promise of prosecuting and convicting a corporation for such offenses, and sadly it was struck down last year by the Supreme Judicial Court. This decision destroyed the promise of producing drastically positive changes and improvements in the care and protection of Massachusetts nursing home residents. Trust me, had the Attormey General's office prevailed, the decision would have caused these businesses to take immediate steps to make certain that Massachusetts nursing home abuse and neglect no longer occurred under their ownership. Plaintiffs’ lawyers bar associations such as The American Association for Justice (formerly the American Trial Lawyers Association/ATLA,) and its Massachusetts affiliate, the Massachusetts Academy of Trial Attorneys (MATA,) are working hard to change these laws. For now, plaintiffs tort lawyers like me will continue to hold nursing home owners civilly liable for any harm caused by their employees, to these most vulnerable of people: Old, weak, senile, abandoned, and defenseless victims - the forgotten of society.

Remember: As with the ability to legally recover for many other types of injuries, “tort reform” would severely limit, or entirely prevent, the ability to hold a corporation civilly liable for their negligence, and require them to pay appropriate damages. Insurance companies, and their business customers, want to take away your right to a jury trial - your day in court. If you want to learn more about tort reform, go the the Search field on the right side of this page, and type in "tort reform." You'll be taken to a number of posts I've written on the subject.

In the meantime, if you need to place a loved one in a nursing home, exercise great caution in the facility you choose. Do NOT just ask for references from the nursing home itself – find out the names of present or past family members of residents of the facility, and quietly speak to them about their experiences with the facility. Check out internet postings. Review any complaints filed with the Massachusetts Executive Office of Elder Affairs or the Massachusetts Department of Public Health. Below are some additional governmental resources you can refer to, to report nursing home abuse or neglect.

* State Long Term Care Ombudsman & Adult Protective Services
Massachusetts Exec Office of Elder Affairs
1 Ashburton Place, 5th Floor
Boston, MA 02108-1518

Phone: (617) 727-7750
Fax: (617) 727-9368
website: www.mass.gov

* Director of Licensure and Certifications
Massachusetts Department of Public Health
Division Health Care Quality
10 West Street, 5th Floor
Boston, MA 02111

Phone: (617) 573-1600
website: www.mass.gov

* Medicaid Fraud Control Unit of Massachusetts
Office of the Attorney General
200 Portland Street, 4th Floor
Boston, MA 02114-1700

Phone: (617) 727-2200
Fax: (617) 727-2008
www.mass.gov

* Board of Registration In Nursing Home Administrators
239 Causeway Street
Boston, MA 02114

Phone:1-800-414-0168
Fax: (617) 973-0980
website: www.mass.gov

* Commissioner,
Massachusetts Division of Medical Assistance
600 Washington Street
Boston, MA 02111

Phone: (617) 573-1770
www.mass.gov

* Quality Improvement Organization:
President/Chief Executive Officer
Mass PRO
245 Wyman Street
Waltham, MA 02451-1231

Phone: (781) 890-0011
website: www.masspro.org

* Protection and Advocacy:
Executive Director
Disability Law Center, Inc.
11 Beacon Street, Suite 925
Boston, MA 02108

Phone: (617) 723-8455
website: www.dlc-ma.org

* Citizen Advocacy Group:
MA Advocates for Nursing Home Reform
P.O. Box 560224
Medford, MA 02156

Phone: 1- (800) 988-4450
website: www.manhr.org

At any time, if you suspect that either a loved one, or someone you know, has been the victim of Massachusetts nursing home abuse or neglect, contact our office for a free consultation. We will be happy to provide you with the direction you need to protect the person you are concerned about. It's what we do. And we do it very well.

In the past few weeks, four people have died in swimming pool accidents in Massachusetts – three children and a 36 year-old woman (the woman was found in a state-operated swimming pool, apparently several days after she died.) The Boston Globe and other media have covered these stories extensively. These unfortunate events illustrate the inherent risks that are associated with swimming pools - an area of law known as “premises liability.” Whether the pool is an in-ground pool or an above-ground portable pool, as a Boston/Dedham Massachusetts injury lawyer, I can assure you they are dangerous.

Whether in-ground or above-ground, the following safety and liability prevention measures should be taken by all property owners who have a swimming pool:

• The pool should be surrounded by a barrier such as a fence, at least four feet high, equipped with an alarm that would signal if someone is in or near the pool.
• The fence must be of sound construction, so that young children cannot get through a hole or other spaces in it.
• If the pool is in-ground, it should have working underwater lights, built into the pool walls.
• At all times when someone is in the pool, especially children, the property owners should make sure that a designated “water-watcher” is present - not necessarily a lifeguard – but someone whose designated job is to watch the pool for safety.
• A phone should be accessible at all times, and the property owner should keep a copy of CPR instructions poolside if they are needed.

The recent spate of swimming pool deaths in Massachusetts illustrates the need to be aware of the dangers that pools represent. In a great many of these types of cases, the injuries and drowning deaths that occur are sustained by children.

I advise all my clients who have a swimming pool: Make sure that your homeowners’ insurance policy provides coverage for liability claims arising from the use or maintenance of your pool. Generally speaking, I would not advise anyone with a swimming pool on their premises to carry anything less than a bare minimum of $2.0 million in umbrella coverage; you should communicate with your insurance agent to make certain that you carry adequate liability coverage. Aside from homeowners, other potential defendants in a swimming pool accident case commonly include a condominium association, an apartment building owner, a day camp or summer camp operator, a school district or university, or a hotel/motel resort. In some cases, where negligent installation or repair of a pool played a role in the accident, the manufacturer or installer of the pool might also be liable. The U.S. Consumer Product Safety Commission is conducting a national Pool Safety Campaign. Click on this link here to learn more.

Unfortunately, accidents don't take a vacation. In the unfortunate event that you or someone you know has been injured in a Massachusetts swimming pool accident, contact our office for a free consultation. We are experienced with this type of litigation, and can provide you with the expert legal guidance you will need if you are facing this kind of situation.