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Recent Posts in negligence Category

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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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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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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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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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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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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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Personal Injury Liability and Duty to Maintain a Sidewalk

To what extent is a business liable for personal injuries suffered on a sidewalk in front of the business? Does the business have a duty to maintain the sidewalks? In the recent case of Halbach v. ...
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Types of Brain Injuries and Their Devastating Effects

Most people realize that the brain governs how the human body works. Without it, we would not think, feel, move, and breathe. Because of its importance, an injury to the brain can result in ...
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Injuries to the Head and Brain

Injuries to a person’s head or brain are among the most serious of all types of injuries. When the injury to the head or brain is the result of someone else’s negligence, the victim or ...
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Ride-Sharing Accidents and Their Effect on Consumers

With the sharing economy on the rise, ride-sharing companies are becoming equally as popular. Ride-sharing allows a driver to share a seat in their car with someone for a small fee. Specifically, ...
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What does breach of the duty of care mean under Massachusetts law?

Personal injury cases can be complicated, and in some situations, it might be unclear whether the injuries you have suffered will evolve into a legal case. The most common way to prove fault in a ...
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Wrongful Death Actions Resulting From Construction Accidents

Imagine this hypothetical scenario: Robert, a father of four and late husband to his wife Elizabeth, lived in Massachusetts. He worked on various construction projects for his employer, a regional ...
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Wrongful Death Actions as a Result of a Car Accident

Motor vehicle accidents are tragic, especially when the result of the accident is that someone or several people die or suffer injuries in connection with the incident. When someone passes away as a ...
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What are some examples of a heightened duty of care in Massachusetts?

One of the key elements in a claim for negligence is proving that the defendant owed to the plaintiff a duty of care. In Massachusetts, there is a duty of cared owed to every foreseeable person. A ...
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Accident Aggravating a Preexisting Condition

Suppose a person is injured in a motor vehicle accident. The victim is seriously hurt, and the accident worsens a previous injury that the victim had suffered. May the victim recover for his or her ...
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Suing Multiple Defendants

A florist delivery van driver is texting his boss while driving. He rear-ends a car stopped at a traffic light, injuring the car’s driver and damaging the vehicle. A 17-year-old drives her ...
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I was in an accident with an out-of-state driver. What are my options?

One of the most gut-wrenching and scary experiences one might face is a motor vehicle accident. Complicating matters even more is when the other driver involved is from out of state. Imagine that you ...
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Duty to Trespassers in Massachusetts

Many people wonder whether they can be held liable for injuries sustained by trespasser who is injured on their land. Suppose that a group of teenagers decided to skip class on a cold winter day and ...
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Are punitive damages awarded in Massachusetts personal injury cases?

The most tragic aspect of being a personal injury attorney in Massachusetts is the human aspect: all too often, we help people who have been injured, often severely and in some cases having suffered ...
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What does the reasonable person standard mean in Massachusetts?

When bringing a negligence suit in the Commonwealth, a typical suit has four elements: duty, breach, causation, and damages. In establishing the first element of duty, the Commonwealth has established ...
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