Articles Posted in Personal Injury

m_709045-1-300x200Slip and fall accidents in the U.S. are a top driver of personal injury claims. A slip, trip, or fall may unexpectedly occur to anyone, anywhere. It may happen at your favorite corner store you’ve been visiting for years to buy snacks, or it can happen in the brand-new big box store that opened down the road. Regardless of how it occurred, if you are injured in a slip and fall accident in a store, it’s essential to speak with an experienced slip and fall lawyer in Providence, Rhode Island to be aware of your legal rights and know what steps you should take. With over two decades of success winning compensation for clients throughout RI and MA, Attorney David Tapalian will explain how to proceed following a slip and fall accident in a store, including:

  • Your legal rights as a victim.
  • Proving negligence to claim compensation.

Chronic-pain-300x190When you suffer a painful injury, it’s normal to want the quickest solution to end the discomfort, particularly when the pain affects your quality of life or ability to work. For instance, an avid runner with a knee injury is left unable to practice the sport they love and enjoy the benefits of being physically fit. In many cases, pain from an injury can negatively affect a person’s ability to perform the qualifications required by their job and earn a living. A construction worker required to lift heavy loads will be negatively affected by a shoulder injury and unable to adequately perform their job requirements. If your ability to enjoy a certain quality of life or make enough money to support your family has been compromised due to an injury you suffered in an accident, discuss your legal options with a Rhode Island personal injury lawyer. Attorney David Tapalian will ensure your legal rights are protected and you receive the proper medical treatment needed to regain your quality of living.

When Surgery is Recommended

When receiving treatment after an injury you suffered in an accident, your doctor will recommend a plan of care. A number of factors will be accounted for when advising what medical care options are best now, and potentially in the future.  Depending on the type of injury and what body part is affected, surgery may be recommended by your physician. If the injury was a result of negligence, like an auto accident or motorcycle crash, the insurance company’s medical opinion will also be taken into consideration. The insurance company representing the at-fault party will consult with their own team of medical experts to make recommendations based on what is in the best interest of protecting the company and assessing liability. Sometimes surgery will be the most effective option, however there may also be alternative methods of care to consider, like physical therapy, although not all medical professionals will take these into consideration or discuss them with the patient.

crosswalk-photo-300x225An unfortunate series of pedestrian accidents in Providence and elsewhere in Rhode Island this year have brought to light the question of whether or not pedestrians are safe crossing the street in the state. Circumstances surrounding each incident are different, yet each had a tragic outcome. A driver in Westerly who hit and killed a pedestrian was accused of drunk driving. On North Main Street in Providence, a female motor vehicle operator hit a pedestrian and fled the scene; the man died and the driver was tracked down using local video footage. Near the state house, a well-known local, Superior Court Judge Richard Licht, was seriously injured by a car while walking across Smith Street. As a personal injury lawyer in Providence, RI for over 20 years, Attorney David Tapalian has helped a number of people hurt in pedestrian accidents throughout RI and MA and knows the outcomes of these dangerous collisions are frequently tragic resulting in severe or life-threatening injuries.

RI Pedestrian Deaths

In 2020, Rhode Island experienced 17 pedestrian fatalities, according to the most recent data provided by the National Highway Traffic Safety Administration (NHTSA). Based on the number of total traffic fatalities that year, 67 traffic accident-related deaths, pedestrians accounted for 25.4% of the total traffic fatalities in Rhode Island. Clearly, the safety of those on foot is a concern.

1415857667lnxuo-300x225Drivers in Rhode Island, Massachusetts, and across the U.S. are being urged by automakers to check their vehicles for airbag recalls as another death was confirmed this month related to a Takata airbag inflator. The vehicle involved in the fatality, a 2006 Ford Ranger pickup truck, was part of a major recall and issued an urgent “do not drive” warning in 2018. It had yet to undergo repairs. Additional fatalities believed to be caused by malfunctioning airbags recently prompted Stellantis (formerly Fiat Chrysler) to issue an urgent “do not drive” order for certain 2005-2010 motor vehicles. Makes and models include the Dodge Charger, Magnum, and Challenger, and the Chrysler 300. The company is urging drivers of these cars who have not yet undergone a vehicle inspection in accordance with previous recall campaigns to not operate the vehicle until they have it inspected and repaired as deemed necessary. Attorney David Tapalian has helped clients throughout RI and MA who have been injured in auto accidents due to airbags and vehicle malfunctions. A faulty airbag can cause serious personal injury and even death. While airbags save the lives of thousands each year in car crashes, a defective airbag can dangerously put a driver and passengers in harm’s way.

Why are Some Airbags Dangerous?

Over time, when exposed to high heat and humid conditions, it’s been shown the metal parts inside the defective airbag may rupture. These explosions of shrapnel can result in severe injuries or death to the driver and/or their passengers. The National Highway Traffic Safety Administration (NHTSA) has confirmed at least 22 deaths in the U.S. due to defective Takata airbag inflators, and over 400 alleged injuries. Takata supplied these defective airbags to a large number of automakers, resulting in one of the biggest recalls in U.S. history. According to the NHTSA, approximately 67 million air bags are included in the recall in tens of millions of vehicles.

uber-image-2-300x169On April 30, 2021, Will Good, a 30-year-old restaurant cook in Boston, hailed an Uber for a late-night ride home from work to his home in Somerville. No one could have predicted how life-changing this ride would be. During the commute, the driver of the Uber vehicle swerved and crashed into a parked car, the impact causing Mr. Good to hit his head on the passenger headrest and slump onto the backseat, unable to move.  Following a two month stay at Massachusetts General Hospital and an additional two months at Spaulding Rehabilitation, the Boston car accident ultimately left Good paralyzed as a quadriplegic.

As a personal injury lawyer helping victims throughout RI and MA, Attorney David Tapalian knows how critical injuries to the neck and head can be and unfortunately, many have tragic or life-altering outcomes.  A music lover who enjoyed his job cooking at Uni, a Japanese restaurant, Will Good is now confined to a wheelchair with around the clock nursing care requiring two caretakers alternating day and evening shifts.

A lawsuit filed by attorneys on behalf of Mr. Good this past Tuesday in Suffolk Superior Court, alleges Uber was negligent in hiring the driver responsible for the crash and, based on the driver’s past history, knowingly put others in harm’s way. With a questionable driving record dating back to 1996 showing multiple moving violations, crashes, at least 20 citations, and a state-imposed driver retraining, there is hardly a doubt that the Uber driver was a potential danger to others on the road.

d1e62beb9ca912ae944207879b08c173-2-300x237A South Carolina woman recently won a monumental lawsuit against Walmart alleging negligence on the part of the retail store. Originally filed in 2017, the lawsuit stemmed from an injury that took place in June 2015. While shopping at a Walmart store, the claimant, April Jones, stepped on a rusty nail left on the floor next to some pallets. The nail punctured her shoe and became lodged in her foot. Despite seeking medical treatment, infection followed resulting in the amputation of her toe. Subsequently, the infection spread to Jones’ entire right foot, ultimately resulting in the amputation of her right leg just above the knee. Ms. Jones was awarded $10 million in damages for her medical expenses. As a personal injury lawyer for over two decades, Attorney David Tapalian expertly handles premises liability claims throughout Rhode Island and Massachusetts.

What Responsibility Does a Store Have to its Customers?

In all states, including Rhode Island and Massachusetts, owners of property must make a reasonable effort to maintain their property to ensure the safety of visitors. A property owner, such as a retail store, is responsible for inspecting the condition of the property on a regular basis, making timely maintenance repairs and making every effort necessary to ensure a safe environment. If the owner fails to do so and is someone is injured on the property, the owner may be held liable for the person’s damages if found negligent.

9a90a86c2ae2d5864366b3108eeff17a-300x200Recently completed, a two-way protected bike lane on South Water Street is facing both wide support as well as opposition from local residents, businesses, and city officials.  Part of Providence’s Great Street Initiative, which proposed adding 60 miles of bike lanes, the new bike lane debuted this fall with an aim of making the city streets safer and more environmentally friendly. The majority of bike accidents take place in urban areas, and as a personal injury lawyer in Providence, Attorney David Tapalian understands the danger bicyclists and pedestrians face when sharing the road with cars, trucks, and SUV’s. A bike is no match for a heavy motor vehicle and a collision between the two will all too often result in severe injury, or death, for the bicyclist.

Part of Providence Great Streets Initiative

Dubbed by supporters as an “urban trail”, the two-way lane on South Water Street can be used by bicycles and other non-car modes of transportation, such as scooters. Ideally, it will allow a safer mode of transportation for, and reduce the risk of injury to, bicyclists and other pedestrians. In addition to improved safety, supporters tout health and climate benefits as well as the project’s ability to attract people to the city and improve the quality of life for residents. Having a safer option for those seeking alternative modes of transportation to work or school, as well as those seeking to use the lane for recreation or exercise will allow users to explore more environmentally friendly options.

DSCN5905-300x225With the beautiful Fall weather and rise in temperature over the summer months, motorcycle riders and bicyclists have taken to the streets to enjoy the open air. More than a year into a pandemic, people are increasingly more comfortable being out and itching to do so. Unfortunately, Rhode Island has also seen an increase in the amount of motorcycle accidents in the state over the past few months. As of August, Rhode Island experienced 10 fatal motorcycle crashes.  In fact, these types of collisions are about one-third of the total vehicle accident deaths in the state. In comparison, past years have seen approximately 13 motorcycle fatalities in total.  As a personal injury lawyer in Providence, RI, for over 20 years, Attorney David Tapalian has seen the complete devastation suffered by families after a losing a loved one in a tragic, and too often preventable, motorcycle accident and wants all drivers to increase their awareness of this serious safety concern. With months still left to go in 2021, it’s important for both motorcyclists and other drivers on the road to take note.

Importance of Wearing a Helmet

Plenty of data shows that wearing a helmet can significantly increase your chances of surviving a motorcycle accident, as well as minimize the severity of the injuries suffered. This is one simple step, yet a very critical one, that motorcyclists can take to protect themselves from potentially life-threatening injury. Motorcyclists are less protected than those travelling in cars and therefore, are more prone to serious and life-altering injuries if involved in a collision. Sadly, the majority of motorcyclists who were killed in crashes this year in Rhode Island were not wearing helmets, according to Peter Alviti, Director of the Rhode Island Department of Transportation.

m_Tesla_1-203x300Tesla is well-known for their innovations in the electric vehicle industry, notably their Autopilot system technology. Autopilot is not designed to be used solely without human input; however, many users treat it that way which has resulted in a rash of deadly accidents, and legal action, against the enormously lucrative company. Tesla claims their systems are designed to reduce automobile crashes caused by human error and distractions, which account for a majority of the roughly 40,000 traffic fatalities in the U.S. each year. However, the NHTSA has a dozen active investigations into crashes involving this assistive driving technology, and recently released a list of at least 10 fatalities from crashes involving Autopilot since 2016.

While Autopilot can help control certain aspects of driving the car, such as changing lanes, the driver must still maintain awareness of their surroundings despite stories of drivers that fall asleep at the wheel or read a book while relying on the vehicle technology to make decisions for them. These actions are dangerous as the system is not meant to be self-driving and can result in serious injuries, or death, to both the driver and innocent motorists, pedestrians, or bicyclists. Attorney David Tapalian is an experienced personal injury lawyer who helps victims of car accidents in Rhode Island and Massachusetts, including those crashes caused by a negligent or distracted driver.  If you’ve been the victim of a dangerous auto accident, call 401-552-5000 to see how Tapalian Law can help you hold the negligent driver liable for your injuries.

Recent Tesla Accidents 

m_woman-treadmill-run-silhouette-300x193Driven by the demand for at-home workout equipment during the pandemic, Peloton, maker of the popular exercise bikes and at-home fitness machines, experienced a huge boost in sales of their products and quadrupled their stock value.  That may soon change. This week, the company issued a recall of its Tread+ and Tread treadmills. The recall arrives amidst reports of dozens of injuries, and the death of a young child, associated with the company’s machines.

In March, a 6-year-old boy died in an accident involving a Peloton treadmill. At Tapalian Law, as personal injury lawyers, we know there is never a way to make sense of a death from a devastating accident, and it can seem perhaps even more tragic and senseless when it involves a child. Sadly, childhood injuries from accidents are the number one cause of death in kids under the age of 19, according to the CDC.

In April, the U.S. Consumer Product Safety Commission issued an “urgent warning” to owners of the treadmills to stop using them immediately. The warning came after the commission received 72 reports stating adults, children, pets, and objects had been pulled under the rear of the machine. Of the 72 reports, 29 involved children, including the death of the young boy. At the time, Peloton fought back against the agency’s request calling it “inaccurate” but has since apologized, acknowledged its wrongdoing, and issued the equipment recalls.

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