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Recent Posts in duty of care Category

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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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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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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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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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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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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Can a Suicide be the Result of Medical Malpractice or Negligence?

There was an interesting report about suicide in the U.S. released by the Center for Desease Control and Prevension in their weekly publication, " Morbidity and Mortality Weekly Report ". In ...
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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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