When a company does not do so, it is responsible for the harms and losses suffered.

The 2014 litigation with Lynnway Auto Auctions demonstrated that people working for the Lynnway were inadequately trained.

The tragedy that occurred this past week on Wednesday, May 3, 2017 is still under investigation. However, watching the various videos posted by vendors on-site just prior to the tragic event are eerily similar to the day I was on site in 2013.

Company in 2011 had a written policy that was rarely shared with the company’s drivers. Many of the Lynnway Auction drivers show up on the day of the auction with no prior experience driving for the auction.

In the hectic and chaotic environment of a car auction, cars are brought to the auction in various conditions. Many have mechanical issues. Drivers for the car auction have little if any idea of the car’s condition. The only warning observed on a car was that the car couldn’t start and needed to be towed.

Vendors are inspecting cars for possible purchases and swarm the vehicles unfettered by the Auction House up until the vehicle crosses the line to be sold.

Persons injured, whether an employee of the auction house, a temporary worker for an agency or a vendor may have claims for negligence, willful and wonton gross negligence, and workers’ compensation benefits. Workers’ Compensation benefits tend to provide more immediate compensation.

If you were injured at the Lynnway Auto Auction in Billerica, MA on May 3, 2017, while you were working for Lynnway, or any other vendor/temp agency, you are entitled to receive Workers’ Compensation benefits. These benefits include payment of weekly benefits for the time you need to remain out of work, as well as payment of medical expenses for all treatment that is reasonable, necessary, and related to your work injuries.

If you are a spouse or a dependent (member of the Employee’s family or next of kin who were wholly or partly dependent upon the earnings of the Employee for the support at the time of the injury or at the time of death), of a worker who died of injuries that occurred at work, you may be eligible for financial benefits, under the Massachusetts Workers’ Compensation Act.

Workers’ Compensation death benefits you may be eligible for include:

The insurer shall pay the reasonable expenses of burial, not exceeding 8 times the average weekly wage in the Commonwealth of Massachusetts at the time of the Employee’s death.

The insurer shall pay weekly benefits equal to two-thirds of the deceased worker’s average weekly wage, up to a maximum set by the Commonwealth.

See Recent Article on Mulch Fires: https://www.safetyinsurance.com/resource_center/homeowners/mulchfires.html

Nevertheless, improperly formulated or improperly installed Spray Foam becomes an odorous nightmare. Out-gassing a plethora of choking smelly gases and Volatile Organic Compounds (VOCs) into the living environment can make it uninhabitable.

Working with experienced environmental air and product technicians who are trained to assess the off-gassing problems related to the Spray Foam job tests are conducted of the room air as well as the specific testing of the installed Spray Foam insulation to determine what chemicals are being out-gassed all of which provides the information necessary to identify and remedy the outgassing problem.

Additionally, with our experience working with these experts, we can guide the expert in preparing the report to meet evidentiary standards along with the supporting expert witness’s testimony. An experienced Environmental Expert is necessary during the often last resort litigation that may be required to resolve the issues between manufacturers and vendors and the home or business owner affected.

Spray foam formulated and applied properly is unique in its ability to optimize insulation efficiency. However, when odors are detected from this product that out-gas indicates a problem with its formulation and application and a need for remediation.

BENZENE – This chemical substance has been linked to Acute Myeloid Leukemia (AML). If you have any client who has been diagnosed with AML in the past five years we would like to review it to see if a causal link between benzene exposure and AML can be established.

SEVERE LUNG DISEASE – Any severe lung disease could be caused by toxic exposure. If you have a client who has been diagnosed with any of the following in the past five years we would like to review it: pulmonary fibrosis, any interstitial lung disease, silicosis, bronchiolitis obliterans, sarcoidosis, berylliosis, or chronic beryllium lung disease, metal lung disease, pneumoconiosis and non-smoker’s lung cancer.

MONSANTO ROUNDUP – If you have a client who has had long-term exposure to COMMERCIAL GRADE Roundup and who has recently been diagnosed with Non-Hodgkin’s Lymphoma (NHL), we would like to review that matter.

E-CIGARETTE EXPLOSIONS – We are handling numerous e-cigarette cases. If any of your clients have been burned or injured by an e-cigarette device or battery, we welcome the chance to review it.

If you would like to discuss these or other cases or send us information, you may call us at 978-687-8100 or email me at sld@lawyeradvocates.com

According to the NHTSA, the holidays bring an increase in social events which equates to an increase in driving under intoxication (DUI) incidents and fatal drunken-driving crashes.

The New York State Governor’s Traffic Safety Committee website, www.safeny.gov, defines BAC (blood alcohol concentration) as the percentage of alcohol in a person’s bloodstream. The committee notes that drivers who register .08 BAC are four times more likely to cause an accident than a driver with no alcohol in his or her bloodstream.

The NHTSA reported that during the holiday period of 2013 (December 18 -31), 1180 people were killed as a result of auto crashes with a third attributed to drunken driving. In addition, for the month of December 2013, 733 people were killed in motor vehicle crashes involving drivers who had high blood alcohol levels. The agency’s research also revealed that during the month of December, between 2009-2013, 3857 people died in motor vehicle crashes involving drivers who had high blood alcohol levels. The agency also reported that motorcycles were involved in the most fatal drunken-driving crashes at 27 percent, with autos following at 23 percent.

According to just-released figures by the NHTSA, a total of 32,675 people died in auto crashes in 2014, with 9967 attributed to drunken driving. Texas, California, Florida, North Carolina and Pennsylvania reported the most traffic deaths and the highest number of deaths attributed to alcohol-impaired driving. The District of Columbia, Hawaii, Vermont, Rhode Island and New Hampshire reported the fewest number of traffic fatalities.

The federal auto safety agency reported that alcohol-related auto crashes cost around $37 billion annually.

Every day in the U.S., 28 people die due to drunken driving crashes, according to Mothers Against Drunk Drivers. The non-profit reported that a quarter of the crashes that kill teens involve an underage drunk driver.

A Centers for Diseases Control and Prevention report issued earlier this year highlights the need for continued emphasis on the risks associated with drunken driving. The report, Alcohol-Impaired Driving Among Adults – the United States, 2012, noted that 4.2 million U.S. adults reported drinking and driving. Certain factors increased risk, according to the CDC report. Men were involved in 80 percent of alcohol-impaired driving instances and men aged 21-34 made up 32 percent of all alcohol-related driving occurrences. Those who reported not always using a seatbelt were three times more likely of being involved in alcohol-impaired driving.

Though the CDC report found men were involved in the majority of alcohol-impaired driving occurrences, an NHTSA study noted that there was an upward trend in women driving under the influence.

The U.S. Department of Transportation recommends staying off roads between midnight and 3 a.m. when the incidence of drunken driving is highest.