Dangerous Properties

September 19, 2011

Preliminary Results Reveal Dangers of Fatal Work Accidents in Maine, Nation

The Bureau of Labor Statistics released new preliminary data calculating the total number of work injuries in Maine and elsewhere in 2010. The Bureau estimates that nearly 4,550 employees were the victim of a fatal work accident in 2010. The Census of Fatal Occupational Injuries (CFOI) reported that there was a final count of 4,551 on-the-job fatalities recorded in 2009.

The number of fatal work-related injuries in the United States totaled about 3.5 deaths for every 100,000 full-time equivalent (FTE) workers. This is the exact same rate that 2009 produced. Final data for the 2010 year will be released in the Spring of 2012.Our Portland injury attorneys understand that there are many unseen factors that go into the risks of a work accident, including the total number of hours worked and the status of the economy/unemployment rate. The number of hours worked was up in 2010 in comparison to both 2008 and 2009. Industries that are typically high-risk however, were fortunate enough to experience a decline in the number of fatal accidents. These industries also experienced a slow increase in the number of worked hours.

The primarily findings from the 2010 Bureau’s Census of Fatal Occupational Injuries:

-Self-employed workers: Experienced a decline in the number of fatal work injuries by about 6 percent. Less than 1,000 workers died in this industry during the year.

-Private mining industry: Increased of almost 75 percent in the number of fatal work accidents from 2009 to 2010. Nearly 175 workers died in this industry throughout the year giving it a death rate of 19.9 per 100,000 FTEs.

-Private construction industry: Experienced a decrease of roughly 10 percent in 2010. The number of fatal construction-related work accidents has declined by 40 percent since 2006.

-Fatal Injuries caused by fires:sThese incidents have more than doubled from since the previous year. More than 100 fatal work injuries were caused by fires in 2010, which is the highest number recorded since 2003.

-Homicides: Decreased by nearly 10 percent 2010. This is the lowest number that the Bureau has ever recorded. In this category, homicide involving women increased by nearly 13 percent, however.

-Race:sAfrican-American and non-Hispanic workers experienced a 9 percent decline in 2010 in the number of fatal work injuries. Fatal work-related injuries experienced by white workers increase by about 2 percent. Hispanic or Latino workers experienced a decrease of about 4 percent.

-Police officers:sExperienced an increase of about 40 percent, more than 130 law enforcement officers died in 2010.

Employers have a responsibility to keep workers safe. Federal regulations are in place to ensure than these individuals are taking all of the proper precautions to help keep employees safe. Failure to comply with federal recommendations can result in legal consequences, fines, violations, lawsuit or potential shut down.

August 11, 2011

Amtrak Sues Trucking Company for Maine Truck-Train Accident

by Maine Employee Rights Group

Amtrak has filed a lawsuit against the Massachusetts company that owned the truck hit by the Downeaster passenger train last month in North Berwick, Maine. That truck is owned by Triumvirate Environmental Inc. of Somerville, Massachusetts.

The driver of the 18-wheeler truck was killed in the Maine car accident that happened on July 11th, according to boston.com.

The truck was carrying more than 50,000 pounds of trash to a local incinerator. Police are conducting an ongoing investigation into the accident.The Amtrak driver is accusing the big rig driver of ignoring the railroad crossing controls and warnings while he was crossing the railroad tracks. Four passengers aboard the Amtrak train suffered injuries in the collision. Amtrak isn’t seeking specific damages, but they are reportedly seeking compensation for subsequent service disruption costs of $3 million. The suit was recently filed in federal court in Massachusetts.

Our Portland personal injury attorneys understand that the court filings for this case state that the crossing warnings were activated as the truck proceeded through the crossing. They also state that the truck driver “failed to heed the warnings” and drove his tractor-trailer around the lowered crossing gates and caused the accident. This case is important to bring up because accidents near railroad crossings can be oftentimes produce deadly results if the proper safety measures are not taken and if warning signals are ignored.

“Once we get it all done, we’ll release what our finding was,” says Police Chief Stephen Peasley, estimating it could be another couple of weeks.

The suit was filed on August 8th at the U. . District Court of Massachusetts by John Bonistalli, the attorney representing National Railroad Passenger Corporation.

It is estimated that a person or a vehicle is hit by a train every 115 minutes. It is also estimated that about half of these railroad accidents occur at railroad crossings when automatic warning devices, like flashing lights and gates, are present and are properly activated and working.

According to the U. . Department of Transportation, there are approximately 5,800 vehicle-train accidents each year in the United States. A majority of these accidents occur at railroad crossings. These accidents result in an average of 600 fatalities each year. These accidents also injure about 2,300 people yearly.

Common injuries of a train and car accident can include brain trauma, spinal cord injuries, concussions, other head injuries, sprains, fractures, abrasions, burn injuries and internal and various soft tissue injuries. Many of these injures can be life threatening.

Railroad accidents most oftentimes include these scenarios:

-Derailment of a train.

-Train-train collisions.
-Train-car collisions.
-Train-person collisions.
-Damage to property.

Accidents that involve a train can be very complex and difficult for the victims, especially when fighting for deserved compensation. That is why it is critical for you to contact an attorney immediately following a train wreck or railroad accident.

January 18, 2011

Skiing Accidents, School Injuries, can lead to Portland Premise Liability Claim

by Peter Thompson & Associates

A teenager from Carrabassett Valley Academy has died in a Maine skiing accident at Sugarloaf ski resort, the Boston Globe reported.

As our Portland accident attorneys reported recently on our Maine Injury Lawyer Blog, the resort was the site of a chairlift malfunction that injured numerous guests late last month.In this case, Channel 8 News reports the school was quick to announce the high-school junior was skiing on his own time and was not participating in a school activity at the time of the crash. Police say he died after skiing into an object on Black Diamond Trail.

The National Ski Areas Association reports an average of 38 people are killed each year in skiing and snowboarding accidents. Countless others are injured. It is incumbent upon business owners to provide a safe and secure environment for customers and invited guests. Faulty equipment, poor maintenance, hazardous conditions or lack of safety or emergency personnel could all result in liability on the part of a resort.

Schools also have an obligation to provide for the safety of students, whether on school property or at a school sanctioned field trip or event. Examples of school-related accidents that can lead to a personal injury or wrongful death claim include premise liability claims, school bus accidents, sporting accidents, negligent security and assault or abuse.

December 28, 2010

Sugarloaf chair lift derails injuring, stranding skiiers

by Peter Thompson & Associates

As reported in the Portland Press Herald on December 28, 2010

CARRABASSETT VALLEY — A chair lift derailed in high winds at Maine’s tallest ski mountain Tuesday, sending screaming skiers plummeting as far as 30 feet to the slope below and injuring several of them.

The Sugarloaf resort in Carrabassett Valley, about 120 miles north of Portland, said about six people were injured when five chairs fell an estimated 25 to 30 feet. The resort’s ski patrol evacuated the lift, which had passed an inspection.

October 22, 2010

Workers’ compensation injuries and personal injury claims

by Peter Thompson & Associates

In Maine, there is a potential intersection of the workers’ compensation and personal injury systems when the injury is caused by a third party.

Generally, if you are injured at work, regardless of the cause, you are compensated for that injury entirely through the workers’ compensation system. However, did you know that if a party other than your employer is responsible for the injury, you may also have a separate claim against that party?

For example, if you were driving a vehicle as part of your job and were injured in an accident caused by another driver, you have both a workers’ compensation claim and a claim against the other driver.

November 17, 2009

Steuben man crushed to death under dump truck

by Peter Thompson & Associates

November 14, 2009: Forest Dale, Sr., 46, of Steuben was killed Saturday morning when he was crushed between the cab and the dump body of his delivery truck.

Dale was delivering a load of firewood to a home in Cherryfield about 11 a.m. when the accident occurred, according to Sgt. Timothy Tabbutt of the Washington County Sheriff’s Department.

In the process of attempting to raise the dump body on his 1-ton flatbed, Dale’s truck broke through an abandoned underground tank, Tabbutt said. The truck fell through all the way to its frame.

August 6, 2009

Update on boy injured while trying to jump off Salmon Falls Bridge

by Peter Thompson & Associates

Jack Vincent, a 12-year-old Scarborough boy who was hit by a pickup truck last week is reportedly improving, although it is still unknown what permanent limitations he will have from his injuries.

York County Sheriff Maurice Ouellette acknowledged that the bridge is too narrow to accommodate cars and pedestrians at the same time. The driver is claiming that he didn’t have enough time to react before hitting Vincent.

In our opinion, an investigation into this matter should carefully consider the truck driver’s speed and knowledge of the children’s use of the bridge, and should analyze whether law enforcement officials should have done more to prevent this accident from occurring. In our opinion, there should also be additional investigation whether the State failed to do enough to accommodate the use of the bridge by pedestrians and children.

July 29, 2009

Child hit by truck at Salmon Falls Bridge

by Peter Thompson & Associates

A 12-year-old boy was hospitalized in serious condition when a pickup truck hit him on the Salmon Falls Bridge. The boy, according to news accounts, was getting ready to jump off the bridge. The bridge is very well known in the area as a place where children come in the summer for the excitement of leaping from a height of over 20 feet into the water. The town has issued citations, but has not created any type of obstruction to prevent children from jumping from the bridge.

An investigation into this matter will likely occur to determine whether the driver of the truck was exercising adequate caution. One issue that will need to be addressed is whether the driver knew the area was frequented by children and, if so, whether he was exercising extra caution. Maine law requires that if a driver is aware that children are playing in an area near a road he exercise reasonable caution by, among other things, reducing his speed and/or keeping a vigilant lookout for children. This situation is similar to drivers seeing children riding bicycles along a road. Under these circumstances, reasonable care would require the driver to proceed at reduced speeds that would permit the driver to avoid a collision if the child were to accidentally swerve out into the road.

Another issue that will likely be investigated is whether the State did enough to prevent children from being injured by what was clearly known to be a potentially dangerous attraction. Maine law requires owners of property to exercise reasonable care to prevent harm to children by having something on the property that would attract the children and cause potentially serious injuries. Although this particular bridge was used for generations as a popular place to jump, it would need to be determined whether modifications to the bridge design could have enabled this past-time to occur while, at the same time, reducing the possibility of children being hit by oncoming vehicles.