Nail Gun Accidents and Injuries Caused by Defective Nail Guns

Nail guns can be dangerous.

Nail gun injury claims and litigation have skyrocketed over the last several decades. Nail guns are one of the most used tools in the construction industry because they are effective, easy to use and speed up production. You can also find these tools in residential garages all over the country as they have become readily available to average consumers and do-it-yourselfers over the last few years.

Defective Motor Vehicles

Cars in traffic

Motor vehicle manufacturers develop enhanced features and new product applications during their vehicle research, development and testing. However, they also come across design defects that raise durability, reliability and safety concerns. While the safety of their customers and other people on the road should be a major concern, some manufactures have been known to put company profits ahead of safety.

Power Tool Accidents & Defective Power Tool Injuries

Man using a drill press in wood shop

Dangerous and defective power tools cause catastrophic injuries and kill every year even when used safely and in accordance with the instructions. Defective power tools expose users to amputation injuries, electrocution injuries, burns, lacerations, loss of vision, fractures and host of other injuries. Most of these injuries are the result of design or manufacturing defects, inadequate warning labels/instructions or negligent use and operation.

About Child Burn Injury Claims

Burn injuries can be especially painful to young children.

Every day 300 children ages 0 to 19 are treated in emergency rooms all across the United States for burn injuries. Approximately 20,000 children under the age of 4 are hospitalized every year because of burn injuries. Everyday at least 2 children die from burn injuries. Infants, toddlers and preschoolers are especially susceptible to scald burns caused by hot liquids and steam while older children usually sustain flame burns.

Dog Bites and Attacks on Children: Whose Fault is it?

Sign behind chain link fence warning people to beware of the dog.

Massachusetts law provides protection for victims of dog bites and attacks; especially when young children are the victims. Under Massachusetts law, a dog owner or keeper is strictly liable for dog bites unless the victim was trespassing, teasing, tormenting or abusing the dog, or was committing another tort (wrongdoing.)

Stove Tip-Over Accidents and Oven Tipping Injuries

White, freestanding gas top stove and oven door.

Gas and electric stoves are among the largest appliances found in the average American kitchen. And although they are large and take up a lot of space, they are surprisingly light. A toddler climbing on an open stove door or an elderly person tripping and landing on an open stove door can easily cause a stove to tip over. It is no wonder the elderly and young children are most at risk for accidents involving stoves and ovens.

Who Can be Held Responsible for Window Cord Strangulation or Choking Injuries?

young girls hand on slats of wooden Venetian blinds on a window.

According to the U.S. Consumer Product Safety Commission (CPSC) window blinds and shades that come with cords that are used to open and close window blinds are one of the top 5 hidden dangers to children in the home. Window cord child injuries have been a serious problem for a long time in the United States. In 1981 the UPSC came out and called window shade cords a “particularly insidious hazard” while contributing 41 deaths from 1973—1980 to the hidden hazard. Although the CPSC and other government product monitoring and advisory groups have identified the dangers of window cords they have not done much to mitigate the danger. It was not until 2014 that the CPSC began the initial stages for the possible implementation of mandatory safety standards for window shades.

Child Choking Accidents

Young children need to be supervised to avoid choking accidents.

Brockton Child Choking Accident Lawyer Children are very curious by nature and require good supervision to ensure that their curiosity does not lead them into trouble. These young humans tend to utilize all five senses when they set out to discover the new world around them and often times will put objects into their mouths. Their main reason for doing this is to simply taste the object as part of their exploration, however, if the object is small enough to be swallowed, it can be ingested.   As small objects slip to the back of the throat they can get lodged … Read more…

Dangerous and Defective Child Products

Happy baby in play pen

All too often the greed and negligence of profit-driven corporations and businesses expose children to serious and avoidable injury.  As a result of manufacturers efforts to maximize profits by reducing costs, child product recalls are a common occurrence and they are not something to be overlooked. Every year tens of thousands or children, toddlers and infants are killed or seriously injured by dangerous and defective products. Product liability cases are complex and difficult to handle. It is a David vs Goliath struggle that pits one small voice of a consumer against that of a giant company with almost unlimited resources … Read more…

Baby Crib Accidents and Defective Crib Injury

Cribs and crib bedding can be defective and cause harm to babies.

Legal Liability for Crib-related Injuries Parents are confronted with important decisions everyday when it comes to the safety and well-being of their children. While most parents believe their baby is safe in a crib, injury and even death can result for any number of reasons: a defective crib, a defective crib accessory, a defective product inside the crib, an outdated crib that doesn’t meet updated safety regulations, an improperly assembled crib or the negligence of a day care, child care center, nursery or caregiver. If your child was injured in a crib accident there is a chance that your child’s … Read more…

Child Injuries Resulting from Furniture/Dresser Tip-Over Accidents

In 2015, Ikea recalled 29 million dressers they posed tipping hazards after three toddlers died in tip-over accidents involving Ikea dressers.

Furniture was designed with the convenience of the adult user and ease of use in mind and not child safety. There are no mandatory tip over safety guidelines when it comes to dressers, chests and other clothing storage units. Instead, furniture manufacturers have been provided a set of voluntary or advisable stability standards. The current standard, which is not required, advises that all dressers be designed and constructed so that they do not tip-over when every drawer is open and when a 50 pound weight is placed at the front of one drawer. This test is used to simulate a 5 year old child climbing onto the dresser. However, most companies completely ignore these safety guidelines.

Child Chemical Poisoning Due to Caregiver Negligence

preschool children

A negligence action can be brought against any person or business that has a duty to exercise reasonable care. Children lack maturity and therefore can not be expected to fully comprehend all the hazards that surround them. As a result, children can not be responsible for their injuries. When the business or person entrusted with a child’s care (babysitter, relative, grandparent, day care, child care, school) fails to properly supervise and care for a child and that failure results in a child’s injury they can be held liable for the child’s injuries.

Who Can be Held Responsible for Child Suffocation Accidents?

Infantino SlingRider recalled in 2010 due to suffocation dangers.

Suffocation injuries and deaths most commonly occur among infants ages 0 to one year old. Infants do not have the strength to pick up their heads and move them when their face and month are pressed against soft objects. Toddlers and preschoolers do have the strength to reposition their body in these circumstances. However, most suffocation deaths for these older children occur when the are trapped in a container like a refrigerator or when a plastic bags gets wrapped over their head.

Who Can be Held Responsible for Child Strangulation Accidents?

Grieving mother crying into her hands

Dubbed “The Insidious hazard” by the U.S. Consumer Product Safety Commission, window blind cords claim one child’s life every month. According to the CPSC window cords caused 1,600 child strangulation injuries between 1996 and 2012 and 300 of those 1,600 injuries resulted in a child’s death. Children ages 4 and under face the greatest risk of window blind cord injuries.

Child Car Seat Accident and Defective Child Car Seat Injury

Toddler in a car seat

More often than not child and toddler car seats save countless lives as they protect children from more severe injuries than would have occurred had they not been seated in a car seat at the time of the accident. Studies have shown that non-defective car seats, if used properly, can reduce infant-related car accident deaths by 71%. That is why they are required by law in every state.

Defective Products and Product Liability

Massachusetts Civil Laws

If you or someone you know has been injured by a defective product you may have claim against the manufacturer or the designer of the product or the retailer, wholesaler or distributor of the product. The consumer or buyer of the product is not the only one who has a claim for injuries caused by a defective product.

An end-user or someone borrowing a neighbor’s tool may also have a claim even if they did not purchase the product themselves. Additionally, an innocent bystander who had nothing to do with the purchase or use of the product may have a claim.

Bad Faith Insurance/Failure to Settle or Pay Insurance/Insurance Denial

Health claim form

The insurance industry has come under increasing scrutiny over the last decade. Lawmakers, legislatures, judges and the courts are realizing that insurance companies are operating more and more like businesses that are only interested in bottom-dollar. This bottom-dollar-thinking often leads to the insurance company putting their interests above their insured’s interest or the injured’s interests. More and more insurance companies are actively engaging in practices that seek to maximize profits at the expense of their policyholders or the injured party.

Accidents Involving Inflatable Slides, Castles, Bouncy Houses, Obstacle Courses, and Moonwalks

Water slide

The Consumer Product Safety Commission documented 18,000 injuries in 2012 as a result of inflatable moon bounces and houses. In 2012 The Center for Injury Research and Policy published a study in journal Pediatrics finding that “31 children per day on average were seen in emergency departments for an inflatable bouncer-related accident.” The study went on to say that the average patient was 7 years old and that the most common injury was a leg or arm fracture or sprain while 20 percent of all visits to the emergency room involved head or neck injuries. These injuries have only been on the rise of late.

Coordination of Benefits: The Relationship Between PIP, MedPay, MassHealth, Medicaid, Medicare and ERISA Health Plans

Health insurance form

Understanding your rights and insurance coverage benefits is not always easy and oftentimes, insurance companies make pursuing your rights harder than it has to be. The information below explains how different types of medical insurance coverage benefits that accident victims in Massachusetts may be entitled to receive.

Ligament, Tendon, And Muscle Injuries

Accident Insurance Claims Attorney

You will need an experienced Massachusetts accident lawyer to get you the compensation you deserve — one who will work hard to obtain you a fair settlement but is willing and able to go to trial on your behalf as well. At the Law Offices of Gerald J. Noonan, we care about getting our clients the compensation they need to get the medical treatment they deserve both now and in the future. Our personal injury attorneys will aggressively pursue your claim compiling a case that clearly establishes the liability of any party at fault.

Arm and Elbow Injuries

Broken Arm Fractures

The arm is a very complicated structure and is capable of lifting and carrying great amounts of weight and bending in all types of directions. We rely heavily on our arms. Our arms play a major role in helping us perform some of our basic daily functions. They also allows us to swing a golf club, shoot a basketball and perform some of the many other activities that rely on the arms. The arm consists of three bones, two joints and several muscles, tendons and nerves. All these parts play an important role in helping the arm function. Without the proper care or treatment an injury to one area can result in complications that will affect to entire arm.

Dislocated Elbow

Elbow Tendons and Ligaments

There are two types of dislocated elbows: a partial dislocation (subluxation) and a complete dislocation. A partial dislocation occurs when the ulna bone and or radius bone partially separates from the humerus and elbow joint. A complete dislocation occurs when the ulna bone and or radius bone completely separates from the humerus or elbow joint.

Biceps Tendon Tear at Elbow

Elbow Tendons And Muscle Injuries

A biceps muscle will not grow back after it tears away from the forearm bone. Someone with a torn lower bicep will have to rely on other muscles to help stabilize the elbow, bend the arm and rotate the forearm. A torn lower biceps can result in a 30% reduction in elbow bending strength and a 40% reduction in forearm rotation strength. We rely heavily on our biceps and a lower biceps tear can have a serious impact on our day-to-day lives.