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Recent Posts in negligence Category

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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Comparative Negligence in Massachusetts

Suppose that two drivers driving on a busy road collide. Driver A is injured, but both drivers are partially at fault for accident—Driver A ran a stop sign, but Driver B was speeding at the time ...
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What is the Massachusetts lead paint law and how does it work?

As one of the oldest states in the United States, Massachusetts contains many older homes. Some of these homes were or are wrought with various hazards, among them lead paint. Hundreds of young ...
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When is an employee acting within the scope of his or her duties for purposes of a negligence claim?

In Massachusetts, the law requires that for a plaintiff to prove a case in negligence, the plaintiff must prove that: (1) the defendant owed a duty to the plaintiff; (2) the defendant breached that ...
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Recent Case Law Regarding the Massachusetts Tort Claims Act

Does the Massachusetts Tort Claims Act offer immunity from a lawsuit against a state police K-9 officer in a case where a police dog bites an innocent bystander during a police chase? This was the ...
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What must be proven, generally, in a negligence case?

Negligence is a significant subject in personal injury law, and the negligent operation of a motor vehicle is common within the personal injury context. Generally, negligence occurs when a party or ...
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Liability for Teen Drivers in Motor Vehicle Accidents

Motor vehicle accidents are the principal cause of death among persons aged 15 to 20, according to National Center for Health statistics. Indeed, Insurance Institute for Highway Safety numbers show ...
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Damages for Emotional Distress

Massachusetts law allows recovery for emotional distress damages. Prerequisites for awarding these damages depend on whether the mental harm was negligently or intentionally inflicted, which this ...
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Parents' Liability for the Negligence of a Minor Child

Several states allow for a parent to be liable for the acts of his or her child or children. Massachusetts is one of these states. Massachusetts permits recovery via a “willful act” ...
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Duties Owed to Your Guests and Business Visitors in Your Home

When you invite someone to your home, what are the legal duties that you owe to him or her? Are all guests on your property, including trespassers, treated equally regarding the duties that are owed ...
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SUV Rollovers fatalities

Improving drivers' safety has been an ongoing concern for car manufacturers, lawmakers, and citizen drivers. Each year, car accidents are the cause of 42,000 fatalities, making them a major cause ...
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Can I Sue a Commercial Landlord for Slip and Fall

Slip and fall cases are of the most common personal injury cases. People slip, fall down, and hurt themselves far more often than the general population realizes. If you have fallen and gotten injured ...
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Is Driving an Unregistered Vehicle Negligence?

If you've been involved in a car accident which has resulted in your injury or the injuries of others, and there was a vehicle involved which was unregistered, you are probably wondering the ...
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Is Driving without a License Negligence Per Se?

Is driving without a driver's license a bad idea? Yes, obviously, it's not only a bad idea, it's criminal. If you were pulled over while driving without a license, the officer would likely ...
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Speeding in motor vehicle accidents and severe injuries

How does speeding contribute to motor vehicle accidents and more severe injuries? Speed limits are set in an attempt to limit traffic with the intent to improve traffic safety and reduce the number of ...
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School Zone & Bus Accidents

Don't be that guy. The distracted or careless guy that somehow misses the flashing yellow lights indicating he has entered a school zone and has to slow way down. Or worse, the guy who, instead of ...
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Food Allergies Are No Joke . . . But Maybe . . .

If you are a Louis CK fan, you may have already seen his new special "Oh My God", currently on HBO, in which he talks about his "of course. . . but maybe..." concept. Hilarious. Of ...
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Can I Sue the MBTA?

Yes. The MBTA is a corporation established to serve a public purpose and is liable in tort for negligence. As a common carrier, the MBTA has a high duty of care. That means that because the T's ...
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Can I Sue the Post Office?

Perhaps. It really depends on the facts of your case. Here's why. In the United States, like most all countries, we have the doctrine of sovereign immunity. Sovereign immunity protects the federal ...
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Do I have a Massachusetts Slip & Fall Case?

Massachusetts slip & fall law changed dramatically in 2007 and it's evolved further since. Slip and Fall cases are premises liability cases in which the plaintiff was injured by slipping and ...
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What is Negligence?

What is negligence? Although the term is used outside of the practice of law, primarily to create the implication of mistakes of great magnitude, the definition of "negligence" is a legal ...
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