Cars Not Properly Cleaned Off After Snow Storms

Posted in Blog, Personal Injury by on February 5th, 2015

Massachusetts-Defective-Toys Winter has officially arrived here in Massachusetts and with all New England winters come perilous road conditions. Most drivers in Massachusetts have had the unfortunate experience of driving behind a vehicle that was not properly cleaned off after a storm. Oftentimes, a driver, who is either lazy or in a hurry, clears just enough snow off their windshield to see through a small hole. However, as the car warms up, the remaining snow and ice on the vehicle melts and slides off the roof into traffic. Whether the snow falls off a vehicle going 20 miles per hour on a side street or 65 miles per hour on the highway, it adds significant hazard to already dangerous driving conditions.

Failing to properly clean off a vehicle can lead to accidents causing injury, property damage and even death. These consequences can have a profound effect on both the person who suffers as a result of the accident and their loved ones. For this very reason, many states have proposed and enacted laws specifically prohibiting this type of reckless and negligent conduct. In fact, the Massachusetts Legislature has recently proposed legislation prohibiting the operation of a vehicle covered with snow and ice. Additionally, a driver who does not properly clean off a vehicle can be fined under Massachusetts’ impeded operation statute, which provides that, “No person, when operating a motor vehicle, shall permit to be on or in the vehicle or on or about his person anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operated or controlled.” In cases where an injury or death occurs, the driver could also face civil, and even criminal, liability for his or her reckless or negligent behavior.

In the unfortunate event that you or a loved one is injured in a car accident in Massachusetts, the personal injury attorneys at Wynn & Wynn are ready and able to provide you with prompt and thorough assistance. Call our office today 1-800-852-5211, or request your free consultation.

Injuries from Defective Toys in Massachusetts

Posted in Blog, Product Liability by on December 20th, 2014

Massachusetts-Defective-Toys The holiday season is a time for family gatherings and friendly merriment but it can also expose children to the dangers and the potential of injuries from unsafe or defective toys. Millions of toys are sold each year and some of those toys will lead to injuries. Most Massachusetts parents assume that the toys they purchased have been thoroughly tested and are safe for children. Unfortunately, not all toys meet these standards and a product liability lawsuit may be necessary when they don’t.

A defective product can be shown by evidence of defective design, defective manufacture, or failure to warn the consumer of certain dangers. In Massachusetts, a product liability lawsuit can be based on two legal principles. First, that a product breached express or implied warranties to the consumer. This warranty cause of action may be based on a breach of a manufacturer’s express promises to the consumer or a breach of the implied warranty of merchantability. Second, the designer or manufacturer of a toy may have been negligent in its production of the item. Under a negligence theory, the injured plaintiff alleges that the manufacturers’ designs, production, or warnings fell below the standard of a reasonably prudent manufacturer and those shortcomings were the cause of injury.

However, a designer or manufacturer who exercises reasonable care in design, manufacture, and warnings may avoid liability under the negligence theory of relief. Massachusetts courts have decided that it would be unreasonable to expect that no injuries would ever happen but want to ensure that reasonable safety protocols are in place and are being followed.

In many cases, rather than ending in a lawsuit, a defect will lead to a product recall. Product recalls happen frequently and the best resource for information regarding current product recalls is the Consumer Product Safety Commission’s website.

It is devastating on a family any time that a child suffers serious injury. Consulting with an experienced attorney can help to make a very upsetting and confusing process easier. At Wynn and Wynn we have experienced attorneys that are available to help Massachusetts families navigate the legal process and make sure that you are fully compensated for all damages. To request a free consultation call 1.800.852.5211 or click here to request a consultation.