- Make sure all family members and pets are accounted for
- It will most likely be one of the most stressful things you have encountered in your life to that point. It is one of those things that, until you experience it, you truly don’t know how to prepare for it. Even after the fire trucks arrive, it can be very chaotic and disorienting standing outside of a fire scene. Your first priority should always be the safety and accountability of your loved ones. All of your material possession can, and will, be replaced by your insurance company.
On June 27, 2017 the jury verdict in case awarded Mr. Pocknett a total of $2,892,857 for his damages and awarded Mrs. Pocknett $1,142,857 for her loss of her husband’s consortium and society.
According to court documents, the case was the result of injuries suffered on February 26, 2014, Plaintiff David Pocknett, age 60, was performing drywall installation in a stairway at the Mashpee Archives Building. Mr. Pocknett was standing on staging planks supported by a cleat that had been nailed to a wall / header. The cleat became dislodged causing Mr. Pocknett to fall approximately 8 feet to the floor below, sustaining a severe ankle fracture, leg fracture, neck fractures, and injuries to his wrists and face. At trial Plaintiffs alleged that Defendant All Cape Insulation and Supply, Inc’s employee had installed the cleat and had used nails that were too short to secure the cleat to the wall properly. Mr. Pocknett’s wife, Shelley Pocknett, also brought a loss of consortium claim.
The start of summer is the official kick-off for vacation and road trip season for most, but for those who work tirelessly to keep our roads in good driving condition, it can mean months of danger.
Construction season ramps up in Massachusetts after Memorial Day once the risk of frost and cold weather has passed, and this concentration of road work generally lasts into fall. It’s a relatively small window of time for road work, and yet hundreds of crashes occur each year in work zones, putting the lives of construction workers at serious peril.
Under the law of premises liability, landlords and tenants may be held responsible for injuries that occur on their property. Whether the landlord or the tenant will be held responsible for a particular injury will depend on the facts of the accident and, in some cases, the contract or lease between the landlord and tenant.
Types of accidents that may give rise to liability for a landlord or tenant include those which involve injuries caused by the use of faulty building materials or by building materials that have become deteriorated over time as well as by poor construction or design. Liability may also attach to a landlord if someone is injured due to tripping and falling over clutter, debris or garbage in common areas of the property. Another common type of accident that would give rise to a claim against a landlord or tenant would be a slip and fall accident involving ice in a parking lot, walkway or stairway or from moisture on a floor.
On March 1, 2017, at 10 Milk Street in Downtown Boston, a member of the Boston Police Department was struck by debris falling from construction-related scaffolding. The police officer was working a detail when the falling debris struck his head and shoulder, causing a large laceration (or cut) to his head, and potentially breaking his collar bone. Reports of the accident indicate that although the officer was taken to a hospital from the scene of the accident, he was okay and his injuries were not severe. [http://boston.cbslocal.com/2017/03/01/police-officer-injured-falling-scaffolding-boston/]
A twitter user and local Bostonian tweeted this picture [https://twitter.com/AlisonTBoston/status/837011997837377536] in the wake of the accident. In the bottom right hand corner, you can see the truck where scaffolding was being loaded or unloaded.
According to a commenter to the UniversalHub.com headline for the accident, the entire job site was unsafe from start to finish. “I couldn’t believe how cavalier they were being with their safety and ours,” said user Kaz, on March 1, 2017 at 4:12pm. [http://www.universalhub.com/2017/scaffolding-falls-milk-street#comments.] As that commenter described it, the contractors and scaffolding company had “no protections up anywhere and one guy about 10 feet up was KICKING a steel I-beam across the scaffold into place right up against the edge along the sidewalk where pedestrians were still being allowed to pass (myself included).” The UniversalHub.com user, Kaz, seemed to be talking about his or her experience at the accident site from the day before the accident actually occurred; this could indicate an ongoing lack of safety or supervision on the jobsite.
DO I NEED AN “UMBRELLA” INSURANCE POLICY
Umbrella insurance, also referred to as a catastrophic liability insurance, is insurance that provides you with additional or supplemental coverage beyond the traditional bodily injury coverage provided by your automobile, boat or homeowners insurance.
What You Should Know About Uninsured/Underinsured Automobile Insurance
Turn on the television these days and you are guaranteed to see advertisements by local and national insurance companies encouraging you to switch to them for your automobile insurance needs. Each one will tout that they can provide you with the cheapest rates. What they aren’t telling you is that, in most cases, the way they are able to undercut the rates of their competitors is by trimming or cutting back on some of the coverages that you may some day need.
A Brief Overview of the Standards for Snow and Ice Cases in Massachusetts, Rhode Island and Connecticut
As the weather begins its cold turn and the ice starts to claim our windshields, you may find yourself wondering to what extent can a landlord or commercial tenant be liable in the event you slip and fall on snow or ice and injure yourself on their property. Below is a brief overview of the duties imposed on property owners/commercial tenants in Massachusetts, Connecticut and Rhode Island. Whether you have a case against a city, town or a state is not addressed in this blog. Please be advised that cases against cities, towns or states often have strict, statutory prerequisites to the bringing of a claim and you should consult an attorney as soon as possible in the event you have been injured due to snow and ice in an area controlled by a city, town or state.
Most employers maintain a company handbook, employee manual, or something similar. This handbook will be provided to employees when they start their new job and often outlines the rules of the job-place, leave and vacation policies, and the employer’s expectations. Sometimes, these handbooks will outline a progressive discipline procedure, and rules regarding how an employee should resign or how the company may terminate an employee’s job.
Employers oftentimes break their own handbook rules. They may not provide a written reason for termination, or not follow their own progressive discipline policy. This can be quite frustrating for employees, and unfair, as employees rely on the handbook to follow procedure and expect the employer to similarly follow the handbook rules.
Preserving the Evidence (A Picture is Worth a Thousand Words)
We have all heard the old saying “a picture is worth a thousand words”. But what does it really mean and how is it relevant to the practice of personal injury law.