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Ken Margolin

Hospital Falls

A great deal of attention has been paid lately – rightfully so – to the subject of infections contracted in hospitals. Less focus has been placed on another source of serious and preventable injuries in hospitals – falls. The result of a fall down injury in a hospital may be severe. Patients are ill and often debilitated or disoriented to begin with. If a patient’s condition presents any…

Ken Margolin

PET Scan Aids Large Brain Injury Settlement

This week’s Massachusetts Lawyers Weekly, reported a $3.3 million dollar settlement in a brain injury case. The plaintiff was a contractor in his mid-40s, who was allegedly struck by an improperly secured piece of equipment, while climbing a ladder in a poorly-lit area of the water supply tunnel project on which he was working. After the blow, he complained of headaches, hypersensitivity to…

Ken Margolin

Home Depot's Falling Merchandise

Obtaining data on the number of people injured at big box stores such as Home Depot, is difficult. The information is guarded like state secrets. Data generated in litigation, however, has revealed that the big box giant, Home Depot, has had an ongoing problem with falling merchandise killing and maiming customers. One lawsuit revealed that in the late 1990s and early 2000s, more than 2,200…

Ken Margolin

The Video Settlement Brochure

In a previous blog, I wrote about day-in-the-life videos. These are videos that film a severely injured plaintiff and capture vignettes of a typical day, in a 20 – 30 minute movie. If done properly, they can be shown to a jury at trial. Another tool that any lawyer representing a client with catastrophic injuries may consider, is a video settlement brochure. In the video settlement brochure, the…

Ken Margolin

Preventing Drowning Deaths

You may have read the sad story last week, of the two toddlers who left their house, wandered down to a nearby pool, and drowned while their babysitter slept. The purpose of this blog is not to speculate on blame in that tragedy. It reminds us that summer season is here and with it, comes too many drowning deaths that could have been prevented. As was illustrated by the death of the two little…

Ken Margolin

Mediation of Personal Injury Cases

Clients often ask me if “my case will have to go to court?” By that question, they mean, will it have to be tried before a jury, or will it settle “out of court.” Most clients, even those who appreciate that they could get significantly more money with a verdict than through settlement, prefer the surety of a settlement over the high stakes gamble of a big score vs. nothing. Sometimes a case…

Ken Margolin

Slip, Trip, and Fall Traps

Very serious injuries can result from incidents of slipping, tripping, or falling down. A fall can end careers, from such injuries as broken bones, traumatic brain injury, spine injuries, and others. But winning a fall down case in Massachusetts, is quite difficult. A number of legal theories stand in the way of success for even a severely injured plaintiff. If the incident occurred on a…

Ken Margolin

Dangers from Above

I’m not a deer hunter, but I have a few friends who are. They tell me that the reason why hunting deer from a tree stand is so successful, is that deers have no natural enemies who prey on them from trees. Deers don’t look up to spot potential dangers. Humans are similarly at risk from objects falling from above them. Some truly catastrophic brain injuries, crushing injuries, and deaths, have…

Ken Margolin

Swimming Pool Accidents

Swimming season is not far off, and with it will come the inevitable swimming pool tragedies. Most likely to experience pool accidents are children, usually because they fall into pools while supervising adults are not present. Persons with backyard pools who have children, or whose neighbors have children, are therefore advised to install appropriate fences, door alarms and/or pool covers to…

Ken Margolin

Falling Down Stairs

Falling down a flight of stairs or even a few steps can cause serious injuries. Broken bones, head injury, and other trauma can result. In determining whether a stair injury case should result in a lawsuit, a number of factors need to be determined in addition to the severity of the injury. Stair injury cases are a form of premises liability litigation. Stair design is one factor to be analyzed….