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I like to think of our firm as being far different from the "average" law firm - and I've structured my firm so that we
are different - and better, than most firms. More and more these days, law firms are merging to create huge firms of enormous size and complexity. While that may be good for the partners who sit at the top of these firms and collect enormous fees, it isn't good for everyday clients. Firm size doesn't equal talent, and it doesn't produce better results.
We're different: We remain nimble and fast-acting, not slow and lumbering as many larger firms are.
We'll also actually come to you if you need us to: We're the only firm that we know of who actually makes "House Calls." Imagine That.
What makes my expertise and my firm the better choice for most clients, are two things: 1) My professional experience, and 2) My attitude. I previously worked for the liability insurance industry, and as such I know how insurance companies operate and I know how to achieve the best results for clients who have been injured due to someone else's negligence - whether resolving the case before a trial, or at trial.
I know how to try and win these cases, and my attitude is one of relentless pursuit until the best result possible is achieved.
Take a tour of our website to learn more. Then call us at our office number:
(781) 320-0062; or my mobile phone number:
(617) 285-3600, if you have any questions. We'll give you a
free 15-minute consultation over the phone.
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Professional affiliations and news organizations featuring Attorney Kickham:
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Massachusetts Association of
Criminal Defense Lawyers
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William D Kickham
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Attorney Kickham's Profile
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Finally, it's summer In Massachusetts - Or is it? With the cool temperatures we've had all month, it doesn't feel like summer -- even though we're now in the month of July. After the brutal winter we had, my attitide is, "Bring on the heat!"
As I've said before, you're receiving this free Newsletter for one of three general reasons: 1) You're currently either a client or a friend of mine; 2) You've previously visited our website,
www.kickhamlegal.com, and emailed me a legal question; or 3) You're a friend or client of my beautiful wife, Debbi K. Kickham (
www.marketingauthor.com.)
This month's July Fourth Newsletter covers a couple of items:
1) An activity that almost everyone loves over July Fourth and all summer, but that, unfortunately, can sometimes become very dangerous, very quickly: Swimming pool injuries. Not exactly pleasant to think about, but it's better to know some important information about this seasonal subject
before
you need to, than to confront it suddenly after an injury occurs, without any knowledge of it whatsoever. Believe me, events like these can impact a person's life, more suddenly and more seriously than many people might think. This is true whether you own a swimming pool, or are using someone else's.
2) Secondly, we're glad to announce that we're about to debut a
new and re-designed website for www.kickhamlegal.com. The website will have a new look and feel to it, and
will be more responsive to tablets and smartphones. We'll send out an announcement on it in the next couple of weeks, and we hope you like the new look and feel!
In the meantime, stay well and call us anytime you need a
free consultation involving an accident or injury caused by someone else's negligence. Our website,
www.kickhamlegal.com, has an extensive amount of legal information about Massachusetts personal injury law. Visit us there today! You may either call us at our
Office Phone: (781) 320-0062; or call me directly on my
Mobile Phone: (617) 285-3600; or email me directly at:
bill@kickhamlegal.com. We'll return your call promptly. We respond to client calls 24/7, so
if you need to reach us on a night or weekend, call: (617) 285-3600.
Best Regards,
William D. Kickham, Esq.
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Summer is usually a time when thoughts turn to cooling off and leisurely days around a swimming pool. That makes perfect sense, but in my view as a Boston injury attorney who handles swimming pool injuries and drowning accidents, not enough people are aware of the dangers of backyard swimming pools - whether in-ground or above-ground. In my legal career, some of the worst injuries I have seen have involved swimming pool injuries. Why? Because while minor injuries (such as a sprain or a broken limb) aren't life-altering, injuries involving swimming pools are often of the catastrophic variety: Broken necks, broken backs, paralysis, massive brain injuries, and even death. While having a swimming pool at your house can add to a home's market value - legally, it can pose serious, and even deadly, hazards.
Statistically, the safety and legal risks that are associated with swimming pools are very high. Those risks go beyond just injuries that the owners of the pool can sustain themselves. Guests - invited and even sometimes uninvited - represent primary liability risks. When guests are injured at a backyard swimming pool, the liability exposure for the homeowner is very high. Liability for swimming pool injuries can sometimes attach to situations that some people might not expect. This occurred in a recent case involving a teenager who was ostensibly told by the owners of a backyard swimming pool to supervise younger children at the pool. Seem like a fairly responsible move by the homeowners?
It wasn't.
It resulted in the death of a 3-year-old boy who was visiting, who drowned in the family's swimming pool while being "supervised" by the teenager that had been assigned that task by her parents. After the boy fell into the family pool, the teenager "froze" for a significant period of time and didn't immediately jump into the pool to rescue the youngster. As a result, the boy drowned when it appeared that he could have been saved with a quick response. The deceased boy's parents sued the parents of the teenage supervisor (whose parents owned the pool.) The damages were in the millions.
Whether an issue of supervision is present or not, the injuries and drowning deaths that occur are o
ften sustained by children or young adults. This is so for a variety of reasons:
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It is difficult to know exactly how deep a given area of the pool is, because unlike in commercial settings (such as hotels) and municipal pools, there is almost never any signage at the edge of the pool indicating pool depths at particular points along the pool. This increases the odds that neck and back injuries will result when someone jumps into a too-shallow area of a pool.
This type of liability generally falls under an area of law known as "premises liability." Legally, property owners in Massachusetts have an obligation to provide a safe environment for visitors and guests. In the event of a pool accident, an experienced premises liability attorney should be consulted. Swimming pool injuries and deaths involve complex medical and legal issues. When young children are injured, these injuries frequently involve neurological and cognitive impairment that may not become apparent for months or years.
The types of injuries suffered in swimming pool accidents usually group as follows:
- Fractures resulting from improper diving or falling on hard, wet surfaces around the pool.
- Head and brain injuries or spinal cord damage resulting from collisions in the pool or unsafe diving conditions.
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Toxic reaction to excessive use of chemicals
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Brain damage resulting from lack of oxygen in near-drowning accidents, particularly involving children.
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Death by drowning
Additionally, there is also the risk from something that can't be seen: Bacterial infection in the pool: In particular, a parasite called cryptosporidium, which can survive in chlorinated water for up to ten days. In case you think this is rare and low-risk, t
he Centers for Disease Control (CDC) recently issued a report that says illnesses caused by
cryptosporidium
impacted at least 1,788 people and resulted in at least 95 hospitalizations and one death, during the CDC's latest study.
The parasite is commonly found in backyard pools. It is too small to see, but if a swimmer becomes infected the illness can result in severe gastrointestinal illness and fever.
Most people think, incorrectly, that chlorine will kill this parasite. Wrong. Chlorine kills many bacteria, but not all - and not this parasite, either. The CDC's advisory says the best ways you can protect your family or guests are as follows:
- Make sure swimmers shower off before entering the pool. This will help keep the parasite from entering the water. This rule should be strictly enforced.
- Anyone expeiencing symptoms should stay out of the water to prevent the spread of the parasite.
- No infants with diapers should be allowed in the water.
Aside from individual homeowners, potential defendants in a swimming pool accident case commonly include a condominium association, an apartment building owner, a day camp or summer camp operator, a school district or university, or a hotel/motel resort. In some cases, where negligent installation or repair of a pool played a role in the accident, the manufacturer or installer of the pool might be liable as well.
Swimming pools are meant to be fun - so have fun; just do it safely. In the unfortunate event that you or someone you know has been injured in a swimming pool accident,
contact our office for a free consultation. We are experienced with this type of litigation, and can provide you with the expert legal guidance you will need.
In sum, I'd say this to any owner or operator of a swimming pool, whether residential or commercial: Stay cool this summer. But when it comes to legal measures,
be cool when it comes to safety. Or things could get a lot hotter than you think.
Our Office Phone: (781) 320-0062
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