Articles - Tapalian Law

What the Brown University and MIT Shootings Could Mean for Institutional Liability — A Legal Perspective

Tapalian Law — Wed, 24 Dec 2025 16:29:04 GMT

In December 2025, Brown University and the surrounding community were shaken by a devastating act of violence that left two Brown students dead and nine others injured during a mass shooting at the Barus and Holley Engineering Building on the Providence campus. Two days later, authorities tied the same suspect to the fatal shooting of a distinguished MIT professor at his home in Brookline, Massachusetts — an event that sent shockwaves through both academic communities.

The suspect — Cláudio Manuel Neves Valente, a former Brown physics graduate student — embarked on a shooting spree that began inside an undergraduate lecture hall and culminated in a separate killing in Brookline before he was found dead in a New Hampshire storage unit after a multi-day manhunt.

What Happened: A Summary of the Facts

On December 13, 2025, the gunman entered the Barus and Holley building during a crowded exam-period review session, opened fire, and fled the scene before police arrived. Two students were killed instantly and nine others were wounded.

In the immediate aftermath, Brown University faced intense scrutiny over the lack of detailed surveillance video from inside the building, issues with building access protocols, and delays in issuing campus alerts.

Subsequent news reporting and investigations revealed that portions of the Barus and Holley Building lacked internal cameras at the time of the attack, a decision justified by the university in part as the building’s “older” section having limited coverage despite the campus overall having over 1,200 cameras. WJAR Public safety critics and federal reviewers have also raised questions about Brown’s emergency notification systems and the speed with which they were used. Reuters

Legal Exposure: Could Brown University Be Held Liable?

Universities have a duty of care to maintain reasonably safe environments for students and faculty. In the context of campus shootings, this duty can encompass physical security (such as surveillance and access control), timely emergency communication, and appropriately trained public safety personnel.

Here are a few key legal concepts that may play out:

1. Failure to Maintain Reasonable Security

If evidence shows that Brown had actual or constructive knowledge of risks and failed to act, plaintiffs could argue that the university breached its duty of care. For example:

Lack of Cameras/Internal Surveillance: The absence of cameras or blind spots in the building where the shooting occurred may be viewed as a failure to take reasonable security measures. WJAR
Building Access Controls: Reports indicate that certain doors and spaces were widely accessible during peak hours, potentially permitting an assailant to enter and exit without significant barriers. Facilities Dive

2. Delayed Emergency Notification

Years of campus safety law and litigation emphasize timely warnings for imminent threats. Questions about whether Brown’s alert systems were deployed quickly and effectively — or whether they complied fully with federal requirements — are already drawing scrutiny from the U.S. Department of Education’s Office of Federal Student Aid under the Clery Act. NBC Boston

3. Actual or Constructive Notice of Risk

News reports suggest that a Brown custodian and others observed the suspect’s suspicious behavior in the weeks prior to the shooting, potentially creating an argument that Brown had constructive notice of risk but did not take adequate steps.

Subsequent Remedial Measures and Their Impact

Subsequent remedial measures — improvements made after an incident (like adding more cameras or shoring up alert systems) — are generally inadmissible at trial to prove negligence or culpability under most civil rules (e.g., Federal Rule of Evidence 407). However, such measures can be admissible for other purposes (e.g., ownership, feasibility, or witness credibility); and Rhode Island Rules of Civil Procedure do allow them at times to be used as an inference of prior negligence. It will be interesting to see how Brown handles changes that it most certainly will make with adding surveillance and varying security protocols and how that could impact the impending litigation that’s almost certainly to arise due to this terrible and unfortunate circumstance.

Settlement Likelihood: Early Expectations

Given the severity of the tragedy — multiple fatalities and high-profile victims — it would not be surprising if Brown University and prospective claimants pursue a prompt negotiated resolution rather than protracted litigation. There are several reasons:

High Human Stakes: Families who lost loved ones will likely seek full compensation without enduring long trials.
Institutional Reputation: Universities often choose early settlement to minimize prolonged negative publicity and community disruption.
Insurance Considerations: Institutional liability policies often incentivize early resolution when exposures are clear and damages substantial.

Brown’s Legal Strategy and Representation

Brown University has already retained experienced outside counsel — including former U.S. Attorney Zachary Cunha — to help coordinate legal response efforts, assist with compliance inquiries, and manage potential litigation. The Washington Post Early engagement of high-level counsel is consistent with an expectation that claims will be asserted and that institutionally coordinated defense and settlement strategy will be important.

In Closing

The Brown and MIT shootings are heartbreaking tragedies that raise critical questions about campus safety, emergency preparedness, and institutional responsibility. From a legal standpoint, whether Brown University faces successful claims will turn on nuanced questions about what it knew, what it should have anticipated, and the reasonableness of its existing safety practices.

What is clear already — both in public reporting and in legal developments — is that Brown’s emergency response and security systems will be examined under regulatory and civil lenses alike, and that any resolution will profoundly impact how universities nationwide think about preventing and responding to acts of violence.

October is Pedestrian Safety Month

Tapalian Law — Fri, 23 Oct 2020 15:32:15 GMT

At some point each day, most of us are a pedestrian, especially as we try to increase our time outdoors, and distance from others, amid the Covid-19 pandemic. Some stroll or jog for exercise, walk to school, to work, or to pick up lunch. Others are walking the dog or pushing a stroller. Being a pedestrian is a typical part of our day, especially in walkable cities like Providence, where sidewalks and pedestrian bridges are easily accessible to those on foot. Unfortunately, however, the rate of pedestrians killed in traffic crashes is at its highest in almost 20 years. According to the most recent data, 6,283 pedestrian fatalities were recorded in 2018. As a personal injury lawyer in Providence RI, Attorney David Tapalian has helped countless victims of pedestrian accidents seek compensation for their losses after they were injured by a reckless driver. Having seen such devastating injuries as a result of these often-preventable incidents, at Tapalian Law we were pleased to see the National Highway Traffic Safety Association (NHTSA) announce this October as the first National Pedestrian Safety Month.

The goal of Pedestrian Safety Month is to increase awareness of pedestrian safety to both drivers and walkers alike. With daylight savings time on the horizon, daylight hours will decrease and pedestrians will be outside when its darker, increasing the risk for a potential accident. During the months of September to February, over 30% of pedestrian fatalities occur between the hours of 6:00pm and 8:59pm, according to the NHTSA.

Safety is a Shared Responsibility

The safety of a pedestrian isn’t the sole responsibility of the person doing the walking or jogging. Pedestrian safety is a shared responsibility and belongs to both the pedestrian and drivers on the road. It’s vital that both the driver and the pedestrian are constantly alert, minimize distractions, and follow proper safety protocol in order to minimize the chance of injury or death from a tragic incident. As a personal injury attorney in Providence, Attorney Tapalian has seen pedestrian car accidents in Rhode Island where the pedestrian and/or the driver of the vehicle were distracted by technology, such as a cell phone or using headphones. As the operator of a motor vehicle, we must be extra vigilant of the severe damage a car, truck, or SUV, can cause to an unprotected person. Pedestrians too, must be watchful of approaching vehicles and are recommended not to use technology, such as earbuds, that curb their ability to hear an approaching car. The NHTSA offers the following safety tips for those behind the wheel, and those walking on foot.

Tips for Pedestrians

Use sidewalks when available. If there is no sidewalk, walk facing traffic and as far away from traffic as possible.
Stay alert. Don’t use electronic devices, including earphones or earbuds, that take your eyes, ears, and attention off the road.
Cross at crosswalks or intersections when available. If neither is available, cross at a well-lit area with a good view of traffic coming both ways and wait for a safe gap in traffic before crossing.
Wear bright colors during the day, and reflective materials at night. Use a flashlight at night for extra visibility. Make eye contact with drivers to ensure you are seen.
Be alert to cars entering, exiting, or backing up in driveways or parking lots.

Tips for Drivers

Be alert for pedestrians at all times when driving. Be extra cautious when visibility is lessened, such as night time and during poor weather conditions.
At crosswalks, slow down and be prepared to stop. Never pass a vehicle stopped at a crosswalk as people may be crossing that you cannot see.
Always yield to pedestrians in a crosswalk. Leave plenty of room for them and for other vehicles to see and stop for them.
Follow the speed limit, especially in areas where there are people around. Use extra caution and slow down in school zones and neighborhoods with children present.
When backing up, use extra caution and don’t rely solely on technology like backup cameras. Young children, especially, are vulnerable to backover accidents.

Contact Tapalian Law for a Free Consultation of Your Accident Case

If you, or a loved one, have been a pedestrian hit by a car in an accident in Providence, RI, or elsewhere in Rhode Island or Massachusetts, contact an experienced Rhode Island personal injury lawyer to preserve your legal rights. Attorney David Tapalian offers a free consultation to determine your eligibility to file a personal injury claim against the driver who caused the accident. A negligent driver may be held responsible for your damages and losses including medical bills, lost wages, rehabilitative costs, and pain and suffering. As a client of Tapalian Law, our skilled Providence personal injury team will be by your side from start to finish until you receive compensation for your Rhode Island or Massachusetts car accident case. Contact us at 401-552-5000, or reach us online. Let us begin helping you today.

Preventing Underage Drinking During The Holidays

Tapalian Law — Mon, 12 Dec 2016 05:00:00 GMT

How serious is underage drinking during the holidays? According to information from the Substance Abuse And Mental Health Services Administration (SAMHSA), more than 11,000 young people between the ages of 12 and 17 years will try alcohol for the first time on any given day during December. With approximately 400 young people under the age of 21 years dying each month from alcohol-related causes, underage drinking is an extremely serious problem during the holidays and throughout the entire year.

As an experienced Massachusetts DUI accident attorney, I see the devastation caused by drinking and driving for victims and their families. This holiday season, take steps to prevent drinking and driving by protecting your teen driver from underage drinking.

Talk to Your Teenager About Underage Drinking

Talking to your teen driver is the first step you can take to protect your teenager from the dangers of drunk driving. Underage drinking is not a subject your teen wants to discuss; however, it is a subject that you must discuss. Tips for talking to your child about underage drinking include:

Before you being, do your research. Collect facts about teen drinking and how drinking alcohol affects You can find information about underage drinking and how alcohol affects a developing brain from SAMHSA.
Choose the right time to discuss underage drinking with your teen. Find a news article about a DUI accident involving a teen driver to jump start a conversation. When you do discuss underage drinking, choose a time when there are no distractions so that you and your teen can focus solely on your conversation.
Listen to your teen. You need to give your teen information; however, you also need to listen to your teenager. Ask your teenager how he or she would handle a situation of peer pressure or if he or she has encountered peer pressure to drink alcohol. Discuss having a safe word your teen can text if he or she feels uncomfortable and needs your help.
Make your expectations absolutely clear — your teen should not consume alcoholic beverages until he or she is of legal age.
Discuss underage drinking laws and the penalties for a conviction, especially about future college plans, job opportunities, playing sports, driving, and other negative consequences of an underage drinking conviction and/or DUI conviction.

If you have questions or concerns about discussing underage drinking with your child, consult with your child’s teacher, guidance counselor, spiritual advisor, or family physician. For more information, visit the Parent Resources page of the SAMHSA. You can also get more information about underage drinking from the National Institute on Alcohol Abuse and Alcoholism.

Do You Need a Massachusetts DUI Accident Attorney?

We hope that you have a safe and enjoyable holiday season; however, for some, a drunk driver will steal your joy. If a drunk or impaired driver injures you, you do not have to face the situation alone. Our Massachusetts DUI accident attorneys have experience handling these types of accident claims. Allow our team to take care of your injury claim while you focus on your health and your recovery.

Contact Tapalian Law by calling 401-552-5000 or use our online contact form to schedule a free consultation with a Massachusetts DUI accident attorney. We are available 24/7 for your convenience. If you cannot come to us, we will come to you!

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Watch Out For Fatigued Driving This Holiday Season!

Tapalian Law — Wed, 07 Dec 2016 05:00:00 GMT

Are you busy decorating your home for the holidays? Does it seem you are always on the road running errands or shopping? Do you feel as if you are simply dragging because you are exhausted? If so, you could be at risk for a fatigued driving accident this holiday season.

If you are involved in a car accident, remember the Martha’s Vineyard car accident attorneys are always here to answer questions and help protect your best interests. Call 401-552-5000 or use our online contact form to speak with an attorney.

Fatigued Driving Is Dangerous

Driving when you are tired, drowsy, or fatigued can be just as dangerous as driving after consuming alcohol. Thousands of people are injured each year in fatigued driving accidents. Fatigued driving results in billions of dollars in damages and losses each year. When you are tired, your reaction time and judgment are impaired. Furthermore, when you are fatigued, you are not as alert. Therefore, you may not be able to avoid a car accident because you are not paying as much attention to the road as you would if you were well-rested.

Tips To Avoid Fatigued Driving This Holiday Season

You cannot control what other drivers do when they get behind the wheel, but you can control what you do as a driver. One way to protect yourself and your family on the road this holiday season is to avoid sleepy and fatigued driving. In addition to reducing your risk of causing a fatigued driving accident, you also increase your chance of detecting a fatigued or distracted driver in time to avoid a collision.

As you go through the holiday season, keep these driving tips in mind:

Share the driving responsibilities with another adult, especially on long road trips. If you are going home to visit family and friends, plan your trip route and driving times with the other adults in the car to reduce fatigued driving.
Get plenty of rest — this helps keep you healthy during the hectic holiday season and helps you avoid fatigued driving. If you are heading out on a road trip, get a full night’s sleep before leaving.
If you are driving at night, take an after nap before leaving out on your trip.
Avoid consuming alcohol and eating a heavy meal before driving. Some foods and heavy meals can make you sleepy.
Remember that you cannot control when you fall asleep once your body gets to a certain point. Rolling down the window, turning up the radio, adjusting the air conditioner, or drinking/eating will not “wake you up” sufficiently to drive.
Take frequent breaks on long trips to stretch, rest your eyes, and get a snack. It will help ward off fatigue.
Avoid listening to books on tape or soothing music that may lull you to sleep.

For more information on drowsy and fatigued driving, see the information provided by the National Highway Traffic Safety Administration (NHTSA).

Contact A Martha’s Vineyard Car Accident Attorney For Help

We hope that this holiday season is a safe and enjoyable time for you and your family. However, if you are injured by a fatigued, distracted, reckless driver, or drunk driver, our Martha’s Vineyard car accident attorneys can help. Don’t let the insurance adjuster for the other driver convince you that you don’t need an experienced Martha’s Vineyard car accident attorney on your side to protect your legal rights. The insurance adjuster does NOT have your best interest as his top priority. His priority is to limit the amount the company must pay to settle your car accident claim.

Contact Tapalian Law by telephone at 401-552-5000 or use our online contact form to request a free legal consultation and free case evaluation with a Martha’s Vineyard car accident attorney. Our law firm represents clients in Rhode Island and Massachusetts.

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Winter Slip And Fall Safety Tips

Tapalian Law — Mon, 05 Dec 2016 05:00:00 GMT

Snow covered trees, ice glistening from rooftops, and snow falling on a cold winter’s night while you sit by the fireplace may sound very appealing — until you try to walk on ice and snow covered walkways.

Winter weather creates some of the most beautiful landscapes in Rhode Island, but it also creates some of the most treacherous conditions for getting around. Since we cannot hibernate all winter, we need to take precautions to reduce the risk of slips and falls during winter months.

Preventing Winter Slip and Fall Accidents

Thousands of people are injured each year in slip and fall accidents in the United States. Many of these accidents could have been avoided if property owners had maintained their property better or store owners had corrected hazardous conditions promptly. Unfortunately, there is nothing any of us can do to stop Mother Nature from dumping winter weather on our doorstep, but we can follow safety tips designed to prevent winter slip and fall accidents.

Keep your hands out of your pockets to help regain balance or brace yourself if you do fall. Instead of keeping your hands in pockets to keep warm, wear a good pair of gloves designed for bitter winter weather conditions.
Always wear winter footwear, such as boots or other slip-resistant footwear. If you want to wear heels or other types of shoes, consider carrying those shoes with you and changing your shoes once you are safely inside your destination.
Avoid taking large, quick steps. Instead, take slow, small steps to help keep your balance and reduce the risk of sliding.
Use handrails and handles wherever available.
Avoid carrying large packages or bags when walking on ice or snow covered surfaces.
Be very careful when getting into and out of a vehicle. Watch for patches of ice that you may not have noticed when parking.
As you enter buildings, be cautious of slippery floors created by melting snow and ice.
Always remain alert. You may think the sidewalk is clear, but you could encounter unexpected ice patches, especially in shady areas.
Remove snow and ice from porches, steps, and sidewalks as soon as possible. Use salt, sand, or other material to help reduce the risk of a fall.

For more winter safety tips, visit the Winter Health Tips web page for the Rhode Island Department of Health.

Unfortunately, some people will fall this winter on slick surfaces. Falls can result in serious injuries, including broken bones, lacerations, spinal cord injuries, and brain injuries. In some cases, a property owner may be liable for your injuries. Property owners cannot control the weather, but they must take reasonable steps to ensure the safety of their customers and guests.

Call A Rhode Island Slip and Fall Attorney for More Information

If you have been injured in a winter slip and fall accident, contact our office for a free case evaluation. Contact Tapalian Law by calling 401-552-5000 or use our online contact form to schedule a free legal consultation with a Rhode Island slip and fall attorney.

We represent clients in Rhode Island and Massachusetts. Because your time is important to us, we are available 24 hours a day, 7 days a week for your convenience. If you are unable to come to our office, ask about making other arrangements for a free consultation with our Rhode Island slip and fall attorney.

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What Are Considered Catastrophic Injuries In A Massachusetts Motor Vehicle Accident?

Tapalian Law — Sat, 26 Nov 2016 05:00:00 GMT

A catastrophic injury can happen in any motor vehicle accident, but they are especially common in truck accidents. The difference in size and weight between a commercial truck and a passenger vehicle leaves the occupants of the passenger vehicle at a very high risk for catastrophic injuries. Sadly, catastrophic injuries have devastating consequences that impact a person’s life forever. As an experienced Massachusetts truck accident attorney, I have seen this in many commercial truck accident cases.

Categorizing Catastrophic Injuries

Not every severe injury is categorized as catastrophic. Catastrophic injuries are usually defined as injuries that impact a person’s quality of life. In most cases, a catastrophic injury has a permanent impact and the conditions associated with this type of injury are irreversible. Catastrophic injuries can also be fatal.

Examples of injuries that would fit in this category include:

Traumatic brain injuries
Burn injuries
Spinal cord injuries
Amputation of extremities
Birth injuries
Paralysis
Damage to internal organs
Vision loss
Hearing loss

The Challenges Of Catastrophic Injuries

Obviously, the trauma of the injury is the first challenge a patient must deal with after an accident. After the immediate concern has passed, the injured person and his or her family must deal with the need for ongoing treatment. For some injuries, multiple surgeries may be required. For others, it may mean months or years of physical therapy. In extreme cases, the person may require personal care because he or she is no longer able to perform the tasks required to take care of personal needs.

An additional issue is the emotional toll catastrophic injuries take on the person as he or she adjusts to the disability or medical condition. The person may no longer be able to work or must find another job where that allows for limited abilities. The inability to work often leads to financial problems as medical bills mount and the loss of income continues.

For victims of catastrophic injuries, their lives are no longer the same. They must learn how to rebuild their lives with a new sense of normalcy. Contributing to the challenges is the need to deal with the insurance company for the other party to fight for compensation for damages, losses, and injuries.

Legal Representation For Catastrophic Injury

It’s important to seek assistance from a Massachusetts truck accident attorney as soon as possible after you suffer a catastrophic injury. As you deal with the ramifications of your injury or a family member’s injury, you don’t want to handle the legal details of an accident claim in addition to the physical and emotional stress of the injury. However, you want to be sure you receive the compensation you deserve.

An experienced Massachusetts truck accident attorney can review your case and determine how much compensation you are entitled to receive for your accident claim. Your attorney can talk to medical experts about your prognosis and the need for ongoing treatment. Determining your future medical expenses, lost wages, and degree of permanent disability is crucial to calculating the correct value of your injury claim.

The sooner you retain an attorney, the sooner your attorney can begin to gather evidence and build your case. Having an attorney by your side from the beginning is good for your case but also good for you. Our Massachusetts truck accident attorney can provide the support, guidance, and advice you need as you work to put your life back together after suffering a catastrophic injury.

Call Our Office Now For A Free Consultation

Don’t try to get through this situation on your own. Contact Tapalian Law by telephone at 401-552-5000 or use our online contact form. We represent clients throughout Rhode Island and Massachusetts. Our attorneys come to you if you cannot come to us. It does not cost you anything to get the advice of an experienced and skilled Massachusetts truck accident attorney. Before you make any decisions, get the facts and a free case evaluation.

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Rhode Island DUI Accidents During The Holidays

Tapalian Law — Fri, 18 Nov 2016 05:00:00 GMT

Although traffic-related fatalities have decreased in Rhode Island over the past five years, impaired driving traffic fatalities still account for one-third of the deaths on Rhode Island roads each year. With the upcoming holiday season, many people are concerned about a potential increase in DUI accidents throughout the country. While we hope the deaths on Rhode Island roads continue to decrease, it is important to know the facts about DUI accidents during the holidays.

We also want anyone injured in a traffic accident during the holidays to know that our Rhode Island car accident attorneys are working hard throughout the holiday season to protect the rights of accident victims and their families.

Don’t hesitate to contact our office by calling 401-552-5000 to schedule a free consultation if you need us during the holiday season.

Startling Holiday Drunk Driving Statistics

The Centers for Disease Control report that 9,967 people died during 2014 in alcohol-impaired traffic accidents in the United States. That same year, over one million people were arrested for driving under the influence of drugs or alcohol. As the holiday season quickly approaches, the consumption of alcohol is likely to increase. With an increase in alcohol consumption, some sources believe DUI offenses also increase, beginning with Blackout Wednesday.

Blackout Wednesday is the name given to Thanksgiving Eve because of the number of people binge drinking on this day. An article published by Bloomberg, Blackout Wednesday is “the day of the year with the highest levels of alcohol consumption.” One reason for higher levels of binge drinking on Wednesday before Thanksgiving Day may be that college students are home for the holidays and many people know they do not need to get up the next morning to go to work. Therefore, people begin celebrating the holiday season a day early.

Consider these holiday DUI statistics:

During the holidays, two to three times more people die in alcohol-related crashes
Forty percent of traffic-related deaths involve a drunk driver
Between Thanksgiving and New Year’s Day, it is estimated that 25,000 people will be injured and 1,200 people will die in alcohol-related traffic accidents
DUI violations increase by 33 percent between Blackout Wednesday and January 2^nd
Over half of people surveyed said they have seen people drive under the influence and 98 percent admitted to going to work hung over
About 60 percent of people surveyed said they think alcohol makes a party more fun while 40 percent said family and friends use the holidays as a reason to drink
In some places, Blackout Wednesday has become the most dangerous night for drunk driving

Protect Yourself And Your Family

It is impossible to control the decisions other people make regarding drinking and driving. However, you can take steps to protect yourself and your family during the holiday season.

If you are drinking, designate a sober driver or arrange for alternate transportation
Do not be on the roads on days when DUI incidents are expected to increase
When encountering an impaired driver, put more distance between you and the driver, pull over to a safe location, and call 911 to report the driver
If you serve alcohol at your holiday celebration, make arrangements for anyone who is unable to drive after consuming alcohol

Call A Rhode Island DUI Accident Attorney

If you are injured in a drunk driving accident, call Tapalian Law at 401-552-5000 to schedule a free consultation with our Rhode Island DUI accident attorney. You may also use our online contact form to ask a question or request an appointment. Our law firm represents clients in Rhode Island and Massachusetts.

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Driver Negligence: What caused your car accident in Rhode Island?

Tapalian Law — Tue, 15 Nov 2016 05:00:00 GMT

Driver negligence is a main cause of car accidents. A negligent driver brings to mind a driver who is intoxicated or on drugs. Even a driver on prescription drugs with instructions not to use while operating heavy machinery (like a vehicle) can be negligent. If a car accident is caused by a driver under any of these influences, that driver may be deemed negligent. Drinking and drugs are not the only form of driver negligence. Many less obvious behaviors performed on a daily basis can be deemed negligent while driving.

Common examples of driver negligence:

Reading a map or piece of paper
Texting on/looking at on a cell phone
Changing the radio station
Looking at something on the side of the road
Adjusting your seat
Eating or drinking
Looking at children to talk to or admonish them
Putting on makeup/personal hygiene practices

Any of these items can amount to an inattentive vehicle operator, or driver negligence. Here are some steps to take if you spot a negligent or distracted driver.

Defining Driver Negligence

In legal terms: “duty of care”, and breach of this “duty of care”.
Simply put: One has responsibility to not cause harm to another. If one breaches this “duty of care” (or causes harm to another), one is considered negligent.

Proving Driver Negligence

You must show that the actions taken (or not taken) failed to meet the required level of reasonable care.
- Car A failed to stop at a red light and hit Car B
Then ask- what exactly is the correct standard of reasonable care in the given situation?
- Car A is expected to follow traffic laws including adhering to traffic signals and signs
Therefore, it is established that Car A showed driver negligence towards Car B.

An experienced car accident lawyer will help you establish proof of this “breach of reasonable care”. Your attorney will help prove or obtain:

Laws were violated (ie. Car A did not stop at the red light as required by traffic code.)
Witnesses (ie. Testimony from those who may have witnessed the car accident. This may also include yourself and the other driver(s)).
Physical evidence (ie. Damage to the vehicle that occurred during the car accident.)

Lastly, you must show exactly what harm this “breach of reasonable care” caused. This may be done by providing medical records, relevant documentation, medical and repair bills and more. An experienced car accident lawyer in RI will instruct you every step of the way how to recover the personal damages that you incurred from driver negligence.

If you or a loved one have been in a car accident involving driver negligence, you need the help of an experienced Rhode Island car accident lawyer. Call Tapalian Law at 401-552-5000 for a free legal consultation and free case evaluation. You may also use our online contact form to ask a question or contact our office. Our law firm represents clients throughout Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

When Should I Hire A Massachusetts Workers’ Comp Attorney?

Tapalian Law — Fri, 11 Nov 2016 05:00:00 GMT

The Massachusetts workers’ compensation system is designed to protect employees who are injured on the job. Workers’ compensation laws are complex, and many workers wonder if they need a Massachusetts workers’ comp attorney or if they can represent themselves in their claim.

Can I Represent Myself?

Yes, you have the right to represent yourself in a workers’ comp claim. However, we do not recommend that you try to tackle a complex or disputed workers’ comp claim on your own.

If your injury is minor in nature, only requiring a few stitches or a day or two off work, you may be able to handle your claim without the assistance of a Massachusetts workers’ comp attorney. However, there are several instances when you should contact a workers’ comp lawyer immediately.

Reasons To Hire A Massachusetts Workers’ Comp Attorney

Below are several reasons why you need to contact our office to discuss your workers’ comp claim.

Your Claim Has Been Denied. If your workers’ comp claim is denied, do not simply accept what your employer or its insurance carrier tells you. You have the right to appeal this denial. Many employees fail to appeal a denial because they believe the employer and insurance company has the final say.
You Are Not Receive Benefits. Contact our office immediately if your workers’ comp claim has been approved, but you are not receiving your workers’ comp benefits. The insurance company may try to delay payment of benefits. Refusing to pay benefits owed to an employee under our workers’ comp laws is il Call our office for a free case evaluation today.
You Are Unable to Return to Work. If your work-related injury or illness prevents you from returning to work, you may want to get a Massachusetts workers’ comp lawyer involved as soon as possible. You are entitled to receive certain benefits if you are out of work due to a workplace injury or illness. Our attorneys understand the Massachusetts workers’ comp laws related to this matter and they will make sure you are receiving the full benefits you are entitled to receive by law.
Your Medical Bills Are Not Being Paid. Workers’ comp should cover 100% of your medical bills, provided the expenses are directly related to your workplace injury or illness. If your medical bills are not being paid, contact our office to discuss your rights before medical providers demand payment or refuse treatment.
Your Injury is a Workplace Illness. If your workers’ comp claim involves a workplace illness, you may want to consult with a Massachusetts injury attorney with experience in workers’ compensation cases. Workplace illnesses, such as carpal tunnel syndrome, are much more difficult to prove. You want an experienced attorney handling these complex workers’ comp cases.
You Are Offered a Settlement. In some cases, an injured employee is entitled to a settlement for permanent injuries. Before accepting a settlement, it is in your best interest to consult with an attorney to ensure the settlement amount is fair and just.

Contact An Experienced Massachusetts Workers’ Comp Attorney

You may not believe you have the money to hire an attorney, but you may be wrong. We understand that you are short on cash right now. Workers’ comp cases are handled differently from other types of cases; therefore, you are not required to pay any money up front for us to take your case. Therefore, you have no reasons to not get competent legal advice from a Massachusetts workers’ comp attorney before you take action in your case.

If you have been injured at work or if you have questions about a workplace injury, we are here to help. You do not have to face this alone. We can handle your workers’ comp claim so you can focus on your health and your recovery. We want to take the stress and frustration of dealing with a workers’ comp claim off your shoulders so you can put all your energy into your recovery.

Contact Tapalian Law by calling 401-552-5000 or by using our online contact form.

We represent clients in workers’ comp matters throughout Massachusetts. We offer free consultations 24/7 for your convenience. If you cannot come to us, we will come to you!

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Multi-car Accidents: Who is at fault?

Tapalian Law — Wed, 09 Nov 2016 05:00:00 GMT

Multi-car Accidents in Rhode Island & Massachusetts: Who is at fault?

Car accidents are not always clear cut. Especially in accidents involving multiple vehicles, its not always easy to tell who is at fault. If two or more vehicles are involved, how much fault is each responsible for? What happens if a truck hits a vehicle three cars behind you causing the cars directly behind you to crash into your car? Who is at fault? The car behind you? The truck who caused the accident? It’s not often easy to determine yet it is very important. Whomever is at fault will be responsible for paying damages. If multiple vehicles are involved, it will also depend on which state you are in. Different states have different laws and you need an experienced car accident lawyer to help you sift through the details. Here are a few pointers to keep in mind if you’ve been involved in a multi car accident in RI or MA.

Multi-car accidents in Rhode Island

“Comparative fault” rule: In Rhode Island, if more than one party is at fault, it is determined what percentage each is at fault for. If determined that Car 1 is responsible for 60% of the accident, and Car 2 is responsible for 40% of the accident- they are each responsible for that portion of the damages. This rule applies in RI no matter how much, or little, each is responsible. Even if one party is 99 % and the other is 1%.
RI does not cap damages in personal injury or medical malpractice cases. (However, plaintiffs in wrongful death cases may not recover punitive damages in RI)
3 year statute of limitations to file a lawsuit. If a lawsuit is not filed by then, most likely your case will be thrown out. Time is of the essence. The more time that goes by from the date of your accident, even mere days, the more difficult it is to recover damages from a car accident injury.
Injury claims involving the potential liability of a state level government employee or government agency have 3 years to file a claim (not lawsuit) after an injury. Claim must be filed with the RI Attorney General.

Multi-car accidents in Massachusetts

“Comparative fault” rule: In the Massachusetts version of this rule, damages are reduced if an injured person shares less than 50% of the fault from an injury. It eliminates damages if the injured person is 50% or more at fault.
MA caps non-economic damages at $500k in medical practice cases only unless certain requirements are met.
3 year statute of limitations to file a lawsuit
In rare cases, an extension can be made if a latent injury could not be detected until a later date after the accident. In those cases, the 3 year statue of limitations may begin 3 years from the “discovery” date of the injury.
Injury claims involving city, county or government agency are given 2 years to file a formal claim, 3 years to file a lawsuit.

“No fault” laws for car accident cases in Massachusetts

No fault: In Massachusetts, when an injury is caused by a car accident, the injured is expected to seek compensation under their own insurance and auto coverage.
Unless there are more the $2,000 in medical expenses involved and / or you suffered a permanent and serious disfigurement, broken bone, and/or loss of hearing or sight.

First and foremost, when involved in any type of car accident it is important to contact your own car accident lawyer. An experienced car accident lawyer will instruct you on the correct procedures to follow when you are involved in a car accident in RI or MA as well as some things NOT to do when involved in a car accident. Doing or saying the wrong thing after an accident can be construed as evidence of fault. Your personal injury lawyer will help to determine who is at fault by doing an investigation to determine which party, or parties, are at fault.

Hanson Man Killed In Lakeville Motorcycle Accident

Tapalian Law — Fri, 04 Nov 2016 04:00:00 GMT

According to a story reported by Wicked Local, a motorcyclist was killed, and three other people were transported to Rhode Island Hospital after a crash in Lakeville. The crash, which is still under investigation, involved two motorcycles and a 2007 Toyota Highlander SUV. The state police are reconstructing the Lakeville motorcycle accident in an attempt to determine what caused the tragic traffic accident.

The motorcycle accident occurred on Route 18 near Tamarack Park around 10 a.m. on October 21. The man who died was driving one of the motorcycles. His passenger and the other motorcyclist were transported to the hospital along with the driver of the SUV.

Motorcycling In Rhode Island and Massachusetts

Motorcycling is popular in New England any time of the year. However, as the leaves begin to turn, many motorcycle enthusiasts begin spending more of their free time enjoying the open road. Both Rhode Island and Massachusetts have excellent motorcycle routes that provide riders with beautiful landscapes and interesting locales.

In addition to having some of the best motorcycle routes in the United States, we also have numerous motorcycle events. From rallies to charity and fun rides, motorcyclists can find some reason to be on the road every weekend throughout the fall, as if a motorcyclist needs a reason to be on the road.

Fall Riding Tips

Every motorcyclist knows he or she must be cautious when riding because other drivers do not pay enough attention to motorcycles on the road. Most motorcycle accidents happen because another driver is distracted or fails to yield the right of way to a motorcyclist. Therefore, motorcyclists must pay close attention to the road when riding to avoid a motorcycle accident.

However, as the temperatures fall, motorcyclists should take additional steps to protect themselves when enjoying an autumn motorcycle ride.

Watch Out For Falling Leaves

Orange, yellow, and red leaves are beautiful this time of year. However, when the leaves fall onto the road, they can create a hazardous situation for motorcyclists. Wet leaves on roads can cause roads to become slick and difficult to navigate. Even at slow speeds, a motorcyclist can lose control on wet leaves. Do not assume that dry leaves are not dangerous. Dry leaves can conceal potholes and other road hazards. Avoid running through piles of dry leaves. If you must drive through dry leaves, slow down and approach with caution.

Cooler Nights

Many people love the colder nights that Autumn brings, but riders must remember that Autumn weather can be unpredictable. Mornings can be very cold, but once the sun comes up, afternoons can be quite warm. Likewise, if you are beginning your ride in the afternoon, be aware that once the sun goes down, temperatures can fall quickly. When riding during the fall season, dressing in layers is recommended. Take extra clothing and rain gear to ensure you stay warm if the temperatures fall or if you find yourself stranded with mechanical problems.

Watch Out For Deer And Other Animals

Deer and other animals can be much more active during the fall season as they search for additional food sources and hunters push animals toward the road as they pursue them through the woods. As you enjoy the beautiful fall foliage, constantly scan the sides of the road, especially in rural area, and be ready to take evasive action if an animal shoots out of the forest to run across the road.

Frost And Ice

As the leaves continue to fall, morning frost becomes a not so gentle reminder that winter is on its way. Motorcyclists must be cautious when riding in the early morning because of frost and ice on roads. Remember that shaded areas, bridges, and overpasses tend to have frost and ice when other areas do not.

Autumn is one of the best times to enjoy being out on the road on your motorcycle. In addition to the hazards nature throws at motorcyclist, traffic becomes heavier as we begin to enter the holiday season. As you enjoy riding during this time of year, beware of other drivers who may not be looking for you. If you are injured in a motorcycle accident, take care of your health first and then contact a motorcycle accident attorney to protect your right to recover compensation from the driver who caused the collision.

Call A Rhode Island Motorcycle Accident Attorney

Don’t assume the insurance company for the other driver acts fairly when dealing with an injured motorcyclist. Unfortunately, motorcyclists have an unfair and unfounded reputation as being reckless. Insurance companies use this misconception to deny or devalue motorcycle accident claims.

Contact the motorcycle accident attorneys at Tapalian Law by calling 401-552-5000 for a free legal consultation and free case evaluation. You may also use our online contact form to ask a question or contact our office. Our law firm represents clients throughout Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

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Rhode Island Clamps Down on Wrong-Way Car Accidents

Tapalian Law — Tue, 01 Nov 2016 04:00:00 GMT

Rhode Island Clamps Down on Wrong-Way Car Accidents

Five people were killed last week, including four college students, in a wrong way crash in Massachusetts. Although wrong-way car accidents only amount to 3% of car accidents, they are 12-27 percent more fatal than other types of vehicle accidents. Most of these crashes occur between 12-3am on weekends and often involve alcohol or confusion by the driver.

Rhode Island taking action

Recently, the Rhode island Department of Transportion (RIDOT) began to install wrong way crash avoidance systems in hopes of reducing, or ideally eliminating, these types of car accidents. The system essentially helps notify drivers of their mistake. Modeled after a similar project in San Antonio, Texas, the RIDOT worked with the RI State Police to get a feel for how these wrong-way car accidents happen and what they evolve into. Based on traffic accident reports, RIDOT targeted 25 locations which had a high occurrence of wrong-way crashes. So far 25 of the systems have been installed in RI, with another 25 planned for the next year or so.

How it works.

According to Peter Alviti, director of the RIDOT, the system works in three phases. First, a radar activated early warning system detects a vehicle moving in the wrong direction. A flashing sign is activated to notify the wrong-way driver. Then a camera takes a picture of the vehicle. A second radar detector will determine if the driver corrected their mistake. If not, an alert is sent to the RIDOT as well as state and local police. The alert includes a picture of the vehicle. The RIDOT posts a flashing sign on that same highway to caution other drivers of a wrong-way vehicle.

Can you put a price on preventing a fatality?

The new detection system is part of a $2 million project that included other safety improvements on the highway. The 25 locations break down to about $25,000 each, or $160,000 of the $2 million project. With that in mind, during the last 18 months in all the 25 sites where the systems have been installed there have been zero crashes, zero injuries, and zero fatalities. In the previous five years at the same 25 sites, there were 16 crashes, 23 injuries, and eight fatalities.

Alviti says 66 wrong-way driving incidents happened at these 25 sites without an accident since the new systems were installed. There is no way of knowing which of those incidents would’ve ended in a crash involving injuries or a fatality. But the safety statistics speak for themselves. You can’t put a price on a human life- the avoidance of a fatality or life-changing injury from a car accident is worth any investment.

If you have experienced an injury or loss of a loved one due to a wrong-way car accident in RI or MA, you need the best legal advice now. Do not delay. You need the experience of a personal injury lawyer in RI or MA to help you. Contact Dave Tapalian, your injury attorney in RI and MA, for a free case evaluation. Call (401) 552-5000 or use our online contact form .

Things NOT To Do After A Rhode Island Car Accident

Tapalian Law — Fri, 28 Oct 2016 04:00:00 GMT

You read a lot about what you should do after a car accident. While this is very good information to have, you also should know what NOT to do after a car accident.

Protecting Yourself After A Car Accident

Some of the things you do after a car accident can impair your ability to recover full compensation for your injuries, damages, and losses. Avoid the following missteps to protect your right to a fair and full settlement for your accident claim.

1. Failing to Stop

Failing to stop at the scene of a car accident is against the law in Rhode Island, regardless of the severity of the collision. Always remain at the accident scene until the police arrive.

2. Failing to Call 911

Regardless of how minor an accident may be or whether anyone is injured, you should always call the police to report the collision. In some cases, you may need a police report to file a claim with your insurance company. Furthermore, a police report can provide valuable information, in addition to documenting the accident.

3. Apologizing

Saying “I’m sorry” is a huge mistake. You do not want to say anything that may be interpreted as an admission of guilt. By saying you are sorry, you may mean that you are sorry the accident happened; however, the insurance company could argue that you were admitting guilt. Avoid admitting guilt after a car accident. You do not want to give the insurance company for the other driver any reason to claim that you are at fault or even partially at fault.

4. Confronting the Other Driver

Do not lose your cool after a car accident. Keeping calm may be very difficult if the other driver is clearly at fault, your vehicle is severely damaged, or your child is injured. It is dangerous to allow your temper to explode in this situation. For one, you have no idea what the other driver could do if confronted. Try to remain calm and focus on securing the accident scene and assisting your passengers.

5. Failing to Document the Accident Scene

If possible, take pictures of the vehicles and the accident scene. Do not risk your safety by standing too close to traffic or venturing into the road. Ask for the names and addresses of any eyewitnesses, in addition to obtaining information from the other driver (i.e. name, address, insurance information, etc.).

6. Failing to Seek Medical Assistance

You may not believe your injuries are serious; however, you could have a closed head injury or whiplash. The symptoms of some injuries may not be apparent for several hours or days after a car accident. To protect your health, see a doctor as soon as possible after a car accident. Furthermore, delaying medical care could damage your accident claim. The insurance company may argue that your injuries are not as severe as you claim or your injuries are the result of another accident that occurred after the collision in question.

7. Failing to Make Notes

Memories fade over time. It is important that you make notes about the car accident as soon as possible while the details are fresh on your mind. Include what you remember before, during, and after the car accident. Write down details of conversations you had or you heard at the accident scene. As your case proceeds, keep notes about your recovery, including your pain level and how the injuries impact your daily life. Also, keep notes about each conversation you have regarding the collision and your injuries.

8. Provide a Statement

You are not under a legal obligation to provide a written or recorded statement to the insurance company for the other driver. The insurance adjuster may encourage you to provide a statement — he may even tell you that he cannot process the claim without your statement. Providing a statement without consulting with an attorney is not in your best interest. It could hurt your injury claim.

9. Fail to Keep a File

After a car accident, you need a file to keep all documents you receive in one place. Keep copies of everything related to the car accident, including invoices, medical records, receipts, repair bills, and documents from the insurance company.

10. Failing to Consult With a Rhode Island Accident Attorney

Consulting an experienced Rhode Island car accident attorney is always in your best interest. Proceeding on your own may result in you receiving less compensation than your case is worth. The insurance company for the other driver has a team of adjusters, investigators, and attorneys ensuring that the company’s best interests are protected. You deserve some working on your behalf that will put your best interest first and protect your legal right to receive compensation for your injuries.

Our attorneys represent clients in Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

Contact a Rhode Island car accident attorney as soon as possible after a wreck. Call Tapalian Law at 401-552-5000 or use our online contact form to schedule a free legal consultation with a car accident attorney.

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5 Killed in Massachusetts Car Accident

Tapalian Law — Tue, 25 Oct 2016 04:00:00 GMT

5 killed in Massachusetts Car Accident

Five people were killed early this morning in a head-on collision. The car accident occurred on Interstate 495 in Middleboro, Mass. A wrong way driver is the cause of this deadly accident. Massachusetts State Police said the driver was heading south in the northbound lane just after midnight. The driver crashed into another vehicle carrying four people. All five people in both cars died.

Massachusetts State Police Alerted

Anthony Thomas, the commanding office of the State Police barracks in Middleboro, said State Police received a call about a wrong-way driver at 12:11am, shortly before the crash occurred. It is unknown how long the vehicle was on the highway before the accident happened. Police say the victim’s car burst into flames after being hit head-on by the wrong-way driver in the high- speed lane. It appears there was not enough time for the vehicle carrying the four passengers to react to the oncoming driver. Thomas said the four people in the car that was hit were all “young adults”. Names of those involved in the car accident have not yet been disclosed. The northbound lane was closed for several hours and re-opened around 5:30am.

If you have experienced the loss of a loved one due to a car accident in RI or MA, you need the best legal advice now. Do not delay. You need the experience of a personal injury lawyer in RI or MA to help you. Contact Dave Tapalian, your injury attorney in RI and MA, for a free case evaluation. Call (401) 552-5000 or email here.

Be Careful What You Post On Social Media – How Social Sharing Impacts Your Rhode Island Accident Claim

Tapalian Law — Fri, 21 Oct 2016 04:00:00 GMT

Thanks to sites like Facebook, Instagram, and Twitter, people can share the details of their lives with friends and family every second of the day. People post everything from what they are eating for breakfast and where they are eating dinner to how irritated they are standing in line at the grocery store and how long they have sat in the doctor’s office waiting to see the doctor.

Therefore, it’s common to tell others about a car accident you were in or other accident that caused you to be injured. Social media makes it easy and convenient to update all of your friends and family with one post. Posting on social media is much easier than making numerous telephone calls or sending a text to each person. However, sharing information on social media can damage your accident claim, especially if you have a public profile. Don’t be fooled; social media posts can damage your personal injury claim even if your profiles are private.

Nothing you post on the internet is completely private, regardless of your security settings. The attorney for the other party will be monitoring your activity online. He may also request a subpoena from the court to compel you to turn over the information from your social media accounts.

The precedents set by previous cases allow insurance companies and defendants in personal injury cases to use your social media posts against you. Not only can they review your social networks and posts as part of the discovery process in a lawsuit, but the information can also be used as evidence in court. What you say online can damage your case. It can limit the amount of compensation you may receive for an accident claim.

Even if you tell the truth on your social networks, the information you post may be construed differently from what you meant. What you say and post may be manipulated to favor the insurance company. Therefore, it’s important to think before you speak or post. For example, posting that you were in a hurry to get to the school to pick up your children when the crash happened may be construed to mean that you were speeding even though you were doing the speed limit.

Posting Photographs

There are several ways what you share on social media can hurt your case. For instance, photos you post online can be misunderstood. Perhaps you show a photo of you going to a party. The other side could use the photo as an example that you feel better than you claim. The photo could be used against you even if you only attended because it was your parent’s 50^th anniversary party that had been planned for over a year and you were in severe pain the entire time you were at the party.

Misunderstood Statements

If you share too much information about your accident, your case could be hurt. Perhaps you say how sorry you are that the other driver was injured in the collision. The defense could use this simple statement as evidence of your admission of fault for the accident. Statements that appear to contradict information you provided in the claim could be used against you. A post that simply says “I’m so glad I’m okay” could be used to indicate you weren’t seriously injured in the accident when you only meant you were glad you didn’t die.

Comments On Your Posts

Comments by others can also hurt your case. For example, a friend jokingly says, “I’m not surprised you were in an accident with your lead foot.” An indication that you have a tendency to exceed the speed limit could be used to attempt to prove that you are an unsafe driver; therefore, you were at fault or partially at fault for the crash.

Tracking Location

Social media can now track your location. This information can be used against you. For example, if the tracking information reveals you attended events, or you were running errands, the insurance company for the other party may use this information as evidence to allege you weren’t hurt as seriously as you claim. If you can go to events and run errands, you must be okay. It wouldn’t matter why you were out of the house; it would only matter that you were able to be out and about after your accident. You might have a difficult time proving that you attended the event out of obligation though it caused a physical hardship for you.

Call A Rhode Island Personal Injury Attorney

If you have been injured in an accident, seek help from an experienced Rhode Island personal injury attorney. Limit your exposure on social media and follow your lawyer’s advice to protect your claim.

Contact the Tapalian Law for a free legal consultation with an accident attorney. You can reach our office by calling 401-552-5000 or by using our online contact form. Our injury lawyers represent clients in Rhode Island and Massachusetts. We offer free consultations 24/7 for your convenience. If you cannot come to us, we will come to you!

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Samsung Galaxy Note 7 Severely Injures Boy

Tapalian Law — Wed, 12 Oct 2016 04:00:00 GMT

CNET reported on the story of a six-year-old boy who was recently injured by a Samsung Galaxy Note 7. The Samsung device exploded while the boy was watching videos. He suffered burns and he is now afraid of all phones, according to family members. The boy’s grandmother said that the device simply burst into flames. The Note 7’s battery exploded and set off smoke alarms in the home. The family called 911 and the boy was taken to a medical center where he was treated.

Other dangerous situations involving the Samsung Galaxy 7 Note have been reported throughout the United States. Samsung responded by taking the device off store shelves and issuing a recall. Airlines have ordered anyone who is flying with one of the devices to shut off the phone during the flight. The device was even linked to a house fire in South Carolina.

Lack of Quality Control

These types of problems with products are often caused by the manufacturing rushing the item to market before it has been thoroughly tested. Other products have been in the news with similar issues, such as the e-cigarette that caused an explosion in a woman’s car and the hover board that randomly caught fire.

While these products are supposed to go through stringent testing before they are sold to the public, some testing and quality control measures may be overlooked in order to meet a deadline. Fatalities and serious injuries are the result of negligent quality control. In some cases, the product may have a design defect. While quality control may catch some design flaws, a few products do make it to store shelves.

Serious Injuries and Product Liability

While the six-year-old boy with the Samsung Galaxy Note 7 is home and recovering physically, he is mentally scarred. He won’t go near these devices and cries to his mother when he sees a phone. This young boy may suffer for a long time due to this traumatic event. Some defective product accidents are much worse. Accident victims can suffer permanent disabilities, scarring, and disfigurement. Injuries from defective products can result in job loss and the inability to perform daily tasks. An injury can impact a person’s life in many ways. The parties responsible for defective products must be held liable for their negligence.

Products like e-cigarettes had estimated sales of $1.5 billion in 2015 and the sale of smartphones resulted in a very handsome profit for companies. However, designers, manufacturers, retailers, and other parties responsible for bringing a product to market must ensure the safety of the public before they release a product and promote it for sale to consumers.

Compensation In A Defective Product Lawsuit

If you have been hurt by a defective product, you may be entitled to compensation for your losses, damages, and injuries. Medical expenses can add up fast when you are facing hospitalization, medical treatments, surgeries, physical therapy, and a prolonged recovery. If you suffered a permanent disability, you may need assistive devices to help you return to as normal of a life as possible. Furthermore, you may require long-term medical care and/or personal care. In addition, you are out of work and not earning any income due to your injuries. Who is responsible for paying you compensation for a defective product?

One or more parties can be responsible for damages in a defective product lawsuit. Because it is crucial that the correct parties be named in the lawsuit, you need to consult with a personal injury attorney who has experience investigating and litigating defective product claims.

In order to name the correct party or parties, your attorney must determine at what stage in the process the defect occurred. If you fail to name the correct party and provide evidence of the party’s negligence, you will be unable to recover compensation for your injuries. Therefore, your choice of a Rhode Island product liability attorney is extremely important as the first step in holding the party who is responsible for your accident liable for your damages.

Call For A Free Legal Consultation With A Rhode Island Defective Product Attorney

Contact the Tapalian Law by calling 401-552-5000 or use our online contact form. Our product liability attorneys represent clients in Rhode Island and Massachusetts. We offer free consultations 24/7 for your convenience. If you cannot come to us, we will come to you.

Johns Hopkins Study Suggests Medical Malpractice More Common Than You Might Think

Tapalian Law — Wed, 05 Oct 2016 04:00:00 GMT

Medical errors are the third leading cause of death in the United States, according to a study by Johns Hopkins. This information should cause concern for anyone who may need medical care in the future. The startling study sheds light on the mistakes made by healthcare professionals that result in the wrongful deaths of many patients each year.

What Did The Research Show?

Researchers analyzed data for medical death rates over an eight-year period. After reviewing the data, patient safety experts concluded that over 250,000 deaths each year are the result of medical errors. The study, published in The BMJ, revealed that medical errors surpass respiratory disease as the third leading cause of death in the United States.

According to the study, there is not a classification for medical errors as a cause of death on a death certificate. Up to this point, medical errors haven’t been included as a reason for death in any method for the collection of national statistics. This has resulted in medical errors being excluded from national health statistics.

The top causes of death in the United States, according to the Centers for Disease Control, are:

Heart disease
Cancer
Chronic respiratory disease

After reviewing the data from four separate studies from 2000 through 2008, the researchers deduced that almost 251,500 deaths were the result of medical errors. This represented approximately 9.5 percent of all deaths each year, thereby placing medical errors as the third leading cause of death above chronic respiratory disease.

Because the top causes of death receive funding for research and become priorities for public health professionals, it is important to ensure that all leading causes of death are included in the list — including medical errors.

Why Medical Errors Happen

A medical error isn’t necessarily an indication of a bad doctor, but of a system that needs to be improved. This includes the absence of safety precautions, lack of protocols, and poorly coordinated patient care. It may also indicate problems with insurance networks, which can delay treatment.

Variations in health care lead to inadequate treatment and more medical errors. When protocols are developed, they streamline the process of medical care to reduce variations while improving the quality of care and reducing the cost of medical care.

More research is needed to understand and fix the problem of wrongful deaths due to medical errors. Until medical errors are listed separately on death certificates and included in national health statistics, this issue won’t receive the funding or the attention it deserves to prevent similar situations in the future.

Legal Help for Medical Malpractice Claims

While medical errors may be unintentional, some errors result in the loss of life. The grief and emotional pain suffered by the family of a medical malpractice victim far outweighs the medical and funeral expenses the family must bear or the loss of income that can substantially impact their futures.

If you have lost someone to what you believe was a medical error, you deserve to be compensated by those who are responsible for your loved one’s death. By holding the people or organizations responsible for the death of your loved one accountable for their actions, you can help change the system to prevent other families from suffering as your family has suffered. By bringing these situations to light, it allows others to make changes to procedures, protocols, and regulations to prevent the same medical errors from occurring again.

Contact A Rhode Island Medical Malpractice Attorney

It’s important to find a Rhode Island medical malpractice attorney who fights for your rights and fights to seek justice for your loved one. No amount of money will ease your grief; however, holding someone accountable for the death of your loved one can provide a measure of closure.

Contact Tapalian Law by calling 401-552-5000 or use our online contact form to schedule a free legal consultation. Our medical malpractice attorneys represent clients in Rhode Island and Massachusetts. For your convenience, we are available 24/7. If you cannot come to us, we will come to you!

Massachusetts Nursing Home Abuse and Substance Abuse

Tapalian Law — Fri, 30 Sep 2016 04:00:00 GMT

When you hear about nursing home abuse, you may think about an elderly patient being physically abused or neglected. While physical abuse and neglect are common in nursing homes, they are not the only forms of abuse. Nursing home abuse includes many forms of physical, emotional, and financial abuse. Furthermore, some nursing home patients are not elderly. A story reported by The Boston Globe earlier this month is an example of how nursing home abuse can take many forms.

Substance Abuse in Massachusetts Nursing Homes

A 43-year old man entered Braemoor Health Center last summer to learn how to walk again following the amputation of his lower leg due to massive infections. He was a recovering heroin addict. He died just three days after he was released from the nursing home from an opioid overdose. According to his family, during the seven months he was in the nursing home, he received increasing doses of opioid medications without receiving substance abuse counseling.

Braemoor is one of at least two nursing homes in Massachusetts that have been cited by state inspectors for serious violations. The violations include a lack of substance abuse treatment and staff training. According to specialists, the number of patients with substance abuse issues in nursing homes is expected to grow as baby boomers reach an age where they need nursing home care. A report by the Office of the Inspector General found that millions of elderly Americans on Medicare are prescribed medications containing commonly abused opioids.

The Massachusetts Health Department said it is “finalizing written treatment guidelines to assist nursing homes in caring for those suffering from substance misuse.” In addition, the Health Department has trained inspectors regarding the abuse of drugs in nursing homes. Unfortunately, this action by the state is too late for the man who died after being discharged from Braemoor. According to his family, they questioned the use of narcotics and asked for assistance when he was discharged. They were told to simply go to the emergency room.

Signs of Nursing Home Abuse

The decision to place a loved one in a nursing home is one of the most difficult decisions a family can face. The fear of nursing home abuse is real. One report revealed elderly abuse in one out of every three nursing homes. It is estimated that one in ten Americans over the age of 60 years has been the victim of some type of elder abuse. Because the risk of nursing home abuse is so great, it is important for families to know the signs of nursing home abuse.

Some of the signs of abuse you want to look for when visiting your loved one are:

Dehydration
Sudden and unexplained weight loss
Bed sores
Fractures and broken bones
Fear of staff
Mood swings
Frequent infections
Unexplained bruises
Welts, abrasions, and cuts
Lack of cleanliness

The U.S. Department of Health and Human Services has more information about elder abuse and the warning signs of nursing home abuse on its website.

Do You Need A Massachusetts Nursing Home Abuse Attorney?

If you suspect your loved one is the victim of nursing home abuse, take action now. Contact our office to meet with a Massachusetts nursing home abuse attorney. You have a limited amount of time to file a lawsuit to hold the nursing home responsible for the abuse. We want to help you seek justice for your loved one.

Contact Tapalian Law by calling 401-552-5000 or use our online contact form. Our nursing home abuse lawyers represent clients in Rhode Island and Massachusetts.

Multi-car Traffic Accident Injures Three in Norton, Mass

Tapalian Law — Fri, 23 Sep 2016 04:00:00 GMT

On September 8, The Sun Chronicle reported three people were injured in a four-car accident on Route 123 (East Main Street) in Norton. All four vehicles involved in the traffic accident were traveling westbound on East Main Street at the time of the traffic accident. One driver was transported to Rhode Island Hospital in Providence and two other drivers were transported to Sturdy Memorial Hospital in Attleboro. All three drivers had non-life-threatening injuries. The fourth driver in the traffic accident was not injured.

According to the police, the driver of a Cadillac SUV collided with the vehicle in front of him causing a chain reaction traffic accident. The driver of the Cadillac SUV has been charged with negligent operation of a motor vehicle and marked lanes violation. The driver of another vehicle involved in the traffic accident was charged with operating a motor vehicle with a suspended driver’s license. Law enforcement officers continue to investigate the traffic accident.

Determining Fault In A Multi-Vehicle Traffic Accident

In order to recover compensation for your injuries, losses, and damages in a traffic accident, you must prove that another driver was at fault for the collision. You must also prove you suffered damages as a result of the traffic accident. Even though the police report is a good place to begin an independent accident investigation, the determination of fault by the police officer is not conclusive proof of fault in a personal injury lawsuit. The insurance company for the other driver may dispute fault, thereby denying your accident claim.

In a multi-vehicle traffic accident, it may be difficult to determine who was at fault for the traffic accident. All of the drivers involved in the collision may have very different versions of how the multi-vehicle traffic accident occurred. The police officer investigating the accident typically listens to each driver’s account of how the accident occurred, in addition to any information provided by eyewitnesses, to determine fault. He may also review the evidence at the accident scene as he makes a decision whether to charge one or more of the drivers involved in the crash.

Why Do Insurance Companies Deny Fault?

If the damages from the traffic accident are substantial, the insurance companies for the drivers may dispute the police officer’s determination of fault. Each insurance company wants the other insurance companies to bear the cost of the accident. Therefore, none of the insurance companies take responsibility for the accident causing the accident victim to be “bounced around” between various insurance adjusters. This process can be extremely frustrating and stressful for an accident victim. Furthermore, if the insurance companies can argue about fault long enough, the statute of limitations may expire preventing the accident victim from filing a lawsuit to force one of the companies to accept responsibility. That being the case, you should contact an attorney as soon as possible after a multi-vehicle traffic accident.

Do I Need A Massachusetts Car Accident Attorney For A Multi-Vehicle Traffic Accident?

It is in your best interest to contact a Rhode Island car accident attorney for any traffic accident, but especially for a multi-vehicle traffic accident. The insurance company for the other driver has a team of professionals working to protect its best interest. The insurance adjuster is not working for you. He will not inform you of your legal rights. Therefore, you need and deserve someone working on your behalf who protects your best interest and who puts your needs first. An experienced Massachusetts car accident attorney investigates the accident to identify and preserve key evidence used to prove fault.

The car accident attorneys of Tapalian Law offer free legal consultations and case evaluations to accident victims. Contact our office by calling 401-552-5000 or use our online contact form to schedule a free consultation. Our personal injury attorneys represent clients throughout Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

Injured or Assaulted by an Uber Driver?

Tapalian Law — Wed, 21 Sep 2016 04:00:00 GMT

A former driver for Uber and Lyft was charged with assault on several female passengers while on the job in California, according to Escondido police. Investigators say there are more victims. A college student reported she was assaulted last week after requesting an Uber car near San Diego. The woman told police the driver picked her up on a college campus and proceeded to turn off the Uber app. She texted her friends to tell them she was uncomfortable and he drove her to another location. There he attacked her in his vehicle. Later that day the driver, Jeremy Vague, was arrested by police at his home. During the investigation, detectives discovered other victims of the same driver.

Safety Tips

Both Uber and Lyft have safety guidelines in place for drivers and passengers, such as Uber’s background check service Checkr. But past behavior may not always accurately predict future behavior. So if a driver has no past criminal history and passes the background check, perhaps has never even been in a car accident- that does not mean passengers are completely safe. It is a good idea to follow safety precautions before hiring a rideshare service.

Confirm Identity: Before getting in the vehicle, confirm that the drivers photo, make & model and license plate of the car matches what Uber or Lyft sent to you.
Check driver ratings: Uber and Lyft allow users to rate their drivers. Read these ratings.
Ride in the backseat: Many of the assault incidents have involved passengers sitting in the front seat of the car.
Don’t ride alone: Try not to be alone in the car if possible. Don’t drink too much which can cause arguments between drivers and passengers.
Don’t give cash: Uber and Lyft charge directly to a credit card. If a driver requests cash, that’s a red flag.

Ridesharing Reduces Car Accidents

A study by MADD says that ridesharing services are cutting down on car accidents and injuries. This is a huge positive. However, with the popularity of these ridesharing apps rapidly increasing, we may see an increase in different types of incidents such as rider/driver assault situations like this. If you or a loved one have been involved in a similar situation or in a car accident in RI or MA, you need legal advice now. Do not delay. You need the experience of the best personal injury lawyer to help you. Contact Dave Tapalian, your injury attorney in RI and MA, for a free case evaluation. For a free consultation, call (401) 552-5000 or email me here .

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