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Recent Posts in negligence Category

34 results found. Viewing page 1 of 2. Go to page 1 2   Next

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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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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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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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 heightened duty of care. That means that because the ...
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Can I Sue a Commercial Landlord for Slip-and-Fall?

Slip-and-fall cases are among 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 ...
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