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Boston Personal Injury Blog

MBTA's Liability for the Actions of Its Driver: New Case Law

Typically, new litigation is commenced when a plaintiff files a Complaint against the defendant in the appropriate court. In some circumstances, however, additional documentation must be filed or sent ...
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Homeowners' Liability for Wrongful Death: New Massachusetts Case Law

Homeowners who are considering having work done to their homes should ensure that all necessary permits are secured, and that anyone working on the home is adequately qualified. Failure to do so may ...
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What is Interference with Business Relations in Massachusetts?

The tort claim of interference with business relations allows a wronged plaintiff to recover damages in situations where a third party defendant causes a breach of contract or otherwise interferes ...
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What Protections are Available to Whistleblowers in Massachusetts?

In Massachusetts, an employer must not take any retaliatory actions against an employee if the employee engages in specific actions. An employee that is punished in this way is generally thought of as ...
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What is Worker's Compensation, and how does it work in Massachusetts?

In Massachusetts, an employee may seek worker’s compensation relief if the employee has a complained-of harm that is of personal injury in nature. In addition, the injury that the plaintiff ...
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New Case Law: Who is Considered a "Household Member" for Insurance Coverage?

Many personal insurance injury policies provide for coverage to “household members” of the policyholder. But just who qualifies as a “household member”? The Massachusetts ...
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What is the Massachusetts Consumer Protection Act, Chapter 93A?

Massachusetts General Laws, Chapter 93A contains a total of eleven sections about the regulation of business practices for the protection of consumers. Why is this important? Among other reasons, ...
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New Massachusetts Case Law on the Duty of Care

Does a party who leaves heavy-duty equipment unlocked, unattended, and running idle owe a duty of care to a plaintiff whose property is damaged by an unauthorized third-party user of the equipment? ...
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What to do if you are injured at a sporting event?

In New England, we are thankful to be part of the “City of Champions.” Each year, New Englanders flock to Fenway Park, the TD Garden, Harvard Stadium, and Gillette Stadium to see their ...
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Res Ipsa Loquitur in Massachusetts

In Massachusetts, when a party brings a personal injury claim against another, the outcome of the claim generally relies on the legal concept of negligence. Although the act of ‘being ...
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Is my personal injury settlement subject to taxation?

Whether you have been physically injured in an accident, exposed to toxic chemicals or bacteria causing you a physical illness, or were injured in a slip-and-fall, any of those events may cause ...
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New Massachusetts Case Addresses Immunity, Expert Witnesses, and Reduction in Damages

In a recent medical malpractice case, the Massachusetts Appeals Court addressed several important issues, including charitable immunity for defendants, admissibility of expert testimony, and reduction ...
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Surety Bonds in Medical Malpractice Claims? New Massachusetts Case Law

Medical malpractice cases allow plaintiffs to recover for negligent errors made by doctors and other medical professionals, some of which can and do cause grave injuries to plaintiffs. One important ...
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Food Poisoning Lawsuits

We often hear news of disturbing stories about foodborne illness. Whether due to contaminated romaine lettuce or mild food poisoning, foodborne illnesses can make people very, very sick. Foodborne ...
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Social Media and Personal Injury Lawsuits

Undoubtedly, social media platforms such as Instagram, Twitter, Facebook, and Snapchat, among others, impact every aspects of our daily lives. Just as social media can impact your job, friendship or ...
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Premises Liability Overview: Licensees, Invitees, and Trespassers

Property or premises liability complaints are often a result of accidents, such as slip and fall accidents. They may also occur from hazardous conditions, such as fumes or odors. The Commonwealth of ...
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Abuse, Harassment, and Stalking: What You Need to Know

In Massachusetts, abuse is defined as the occurrence of one or more of the following acts between family or household members: 1. Attempting to cause or causing physical harm; 2. Placing another in ...
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Dog Bites in Massachusetts: An Overview

In Massachusetts, a dog owner or keeper is liable for damages if the dog causes personal injury or property damage, and the injured person was not trespassing, committing another tort, or provoking ...
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Deceit and Misrepresentation Discussed in New Massachusetts Appellate Case

Imagine purchasing a life insurance policy for your spouse, then finding out when it’s too late—once your spouse has passed away—that the policy had expired. That’s an ...
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I Have Been Sued. What Are My Options?

When you are sued, it can be a very stressful and confusing time. Your first reaction may be to ignore the lawsuit against you in the hopes that it will just go away. Although it may be tempting to ...
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Liability to Protect Against Foreseeable Car Accidents: New Case Law

A recent Massachusetts appellate case addressed the issue of liability of a convenience store to protect against foreseeable car accidents on its property. The case, Dubuque v. Cumberland Farms, dealt ...
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Can Generic Consumers Sue a Name Brand Drug Manufacturer for Injuries? New Case Law

Do you take prescription medication ? If so, do you take the name brand medication, or do you sometimes turn to its generic counterparts? If you are like many of us, you have probably ingested generic ...
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Controlled Affiliates Under the Massachusetts Tort Claims Act: New Case Law

Does a property owner who is a “controlled affiliate” of a public housing authority also qualify as a public entity by its affiliation? More importantly for purposes of personal injury ...
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A Pharmacy's Duty Regarding Prior Authorizations: New Case Law

Does a pharmacy have a legal duty to notify a prescribing physician when a patient's health insurer informs the pharmacy that it requires a "prior authorization" form from the physician? ...
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The Massachusetts Rule Regarding Neighbors' Trees: New Case Law

As the expression goes, “good fences make good neighbors.” Under some circumstances, however, neighborly disputes can – and do – arise. One of those circumstances deals with ...
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