One Fatality and Hundreds of Injuries After New Jersey Train Accident.

Negligent and careless acts involving trains can result in serious injuries or even deaths.  In addition to often carrying hundreds of passengers and crew members at a time, trains can weigh in excess of hundreds of tons and travel at high speeds, giving them a tremendous capacity to do harm. Every year, about 1,000 people die in train accidents in Massachusetts alone.  If a train accident personal injury is brought about by a conductor’s or other person’s negligence, then the injured victim may have a meritorious personal injury lawsuit to bring.

Just recently, a commuter train in Hoboken, New Jersey failed to stop in time and crashed into the barrier at the end of the terminal’s tracks, causing the train to derail and crash into the terminal.  The train rolled over several times and the terminal itself was also severely damaged, with a portion of the roof collapsing onto commuters below.  As a reporter from nytimes.com describes the incident: “the crash sent passengers flying out of their seats in a violent tumble. Then the lights cut out. Shouts and cries underscored the sense of panic. And after passengers managed to escape from the train, many crawling through its windows, they emerged to find the station a mess of metal beams, smoke and treacherously hanging wires.”

Officials reported that the train is supposed to stop ten to twenty feet from the bumper and reduce its speed to no more than 10 miles per hour when entering the station.   The train that caused the accident must have been traveling at several times that speed for such a high degree of damage to have occurred, and it is currently unclear why the train failed to stop.   A reported 114 people were injured as a result of the train crash, and tragically thirty-four-year-old Bittar de Kroon died.  The majority of the injuries seem to have come from some of the train’s 250 passengers. While the crash is currently under investigation, if it is shown to have been caused by conductor error or by the negligence of the train company, they could face a tremendous amount of damages in a negligence personal injury lawsuit.

Common carriers, such as trains, subways and trolleys, owe a heightened duty of care to their passengers under applicable state and federal law. Therefore, if you are injured due to the negligence of a railway company or operator of a common carrier, you may be entitled to receive money damages for their breach of care. You owe it to yourself to learn more about your legal options and rights.  Call us 24/7 at 617-787-3700 or email us at info@gilhoylaw.com to speak with one of our train accident injury lawyer specialists.

Posted in Boston MBTA Accident Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Train Accident Lawyer, Boston Wrongful Death Lawyer | Leave a comment

Oregon Woman Awarded Over $400,000 For Injuries Sustained While Fleeing From Dog.

Many states, including Massachusetts, hold a dog’s owner strictly liable for damages if his or her dog bites someone. This means that if the victim of the dog bite sues the owner, all they have to prove in order to prevail in their case is that the defendant does, in fact, own the dog and that they were bitten.  So long as they did not provoke or antagonize the dog, they will be awarded monetary damages for their pain and suffering and medical bills.  This liability extends to all injures that can be linked to the dog, not necessarily just bites and scratches.  When a person reasonable reacts or flees from an aggressive dog, and is injured as a result, the owner may be held accountable for all of that person’s injuries.

This is precisely what happened in Oregon after a woman fled from a charging pit bull.  The woman was walking down a public road when a pit bull reportedly ran at her growling and barking.  The woman stepped back and fell off a small retaining wall into a neighbor’s yard.  The fall tore her ACL and meniscus and caused a hairline fracture to her femoral condyle. The woman incurred nearly $20,000 in medical expenses and was expecting to pay an additional $64,000 for future surgeries.

To recover for her expenses, including an alleged $102,000 for lost wages because she could not work while recovering, and for her pain and suffering, the woman filed a personal injury lawsuit against the owner of dog.  The complaint filed by her attorney, Chad Stavley,  alleged that the owner of the dog failed to properly secure and control the pit bull, which led to the woman’s injuries. A local jury agreed with the woman’s argument and awarded her $404,000 in personal injury damages.

A large part of the responsibility of owning a dog is being potentially responsible under the law for the dog’s wrongful actions.  If you or a family member has been injured by a dog, please contact one of our experienced Massachusetts dog bite attorneys at 617-787-3700 or email info@gilhoylaw.com today to learn about your legal options.  Time may be a factor, so please call today!

Posted in Boston Animal Attack Lawyer, Boston Dog Bite Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment

Five-Year-Old’s Family Awarded $150,000 After Dog Attack.

Dogs are commonly referred to as “man’s best friend,” and for good and legitimate reasons.  A dog can be a large and loved part of any family, and often form long lasting relationships with their owners.  But, they are still fundamentally animals.  As animals, they still have primal instincts and responses, including occasionally violent ones, sometimes resulting in bites and personal injury An otherwise loving companion still retains the capacity to cause significant harm and injury at a moment’s notice.

This is unfortunately what happened to one Massachusetts five-year-old after he encountered a neighbor’s pit bull.  The toddler resided in a multi-family property and the tenants of a nearby unit had a pit bull that the toddler’s parents allege they knew was dangerous.  The dog reportedly attacked the child without provocation or cause, biting him several times and causing permanent scarring on the boy’s forehead.

To recover for the child’s damages, such as his medical expenses, physical injuries and psychological trauma, they filed a personal injury lawsuit against the dog’s owners and the owner of the property.  Their attorney, Paul Tetzel, introduced evidence from the dog owner’s previous landlord that he had evicted the owner because the dog had bitten a child, and was prepared to introduce into evidence the testimony of a former neighbor that the owners knew their dog was dangerous.  The lawsuit was ultimately settled for $150,000.

If you sustained injuries from a dog bite, you may be entitled to substantial compensation for your physical injuries, as well as any emotional trauma and financial hardship caused by the accident.  Please call us 24/7 at 617-787-3700 or email us at info@gilhoylaw.com for your free consultation.  Our Boston dog bite lawyer experts are specialists in the field. Your needs are our top priority!

 

Posted in Boston Animal Attack Lawyer, Boston Dog Bite Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment