Cape Cod Injury Lawyer BlogUnder Massachusetts law, people who suffer harm at work are generally precluded from seeking damages from their employer in a civil lawsuit. Instead, their only available remedy is workers’ compensation benefits. They can seek compensation from other parties whose negligence caused their harm, however. If they do, the defendant in the civil lawsuit may attempt […]
Articles Posted in Slip and Fall
Massachusetts Court Explains How to Establish Liability in a Slip and Fall Accident
Fast food businesses serve a high volume of customers each day, and it’s not uncommon for trash or spills to accumulate on the ground. As such, people often slip and fall on transient substances on the floors of fast food establishments and suffer injuries. In many cases, a person hurt in an accident at a […]
Massachusetts Court Discusses Premises Liability Claims Against the Federal Government
Many of the same obligations apply to businesses run by federal agents as they do to non-public corporations. For example, if a person is injured at a government building due to a slip and fall accident, the person can file a premises liability claim against the federal government. A Massachusetts court recently clarified what a […]
Massachusetts Court Discusses Establishing Constructive Notice in Slip and Fall Cases
Trip and fall accidents can cause significant injuries that are not only painful but also require substantial time and money to treat. In many cases, such incidents occur due to dangerous conditions that the injured party encounters when walking on someone else’s property. Whether the property owner will be deemed liable for harm suffered in […]
Massachusetts Court Discusses Jurisdiction Over Foreign Defendants
People rarely anticipate that they will sustain injuries while they are on vacation, but slip and fall accidents and other harmful events commonly occur at hotels and resorts. Parties injured in such incidents often choose to seek compensation from the property owners via civil claims. In cases in which the accident occurred in a foreign […]
Defense Verdict in Parking Lot Slip and Fall Case Affirmed by Massachusetts Appeals Court
In a Cape Cod premises liability case, evidence regarding the accident scene can be crucially important. Without photographs or video surveillance of the place where the accident happened, it can be difficult for the plaintiff to convince the jury that the landowner was negligent in creating the dangerous condition that caused the accident or, if […]
Summary Judgment to Insurance Company on Claim for Indemnification in Massachusetts Case Involving Injuries from Altercation Held Erroneous
When it comes to the ultimate outcome of a Cape Cod personal injury case, the availability of liability insurance is one of the most important factors to be considered. Assuming that there is a policy of insurance that covers the occurrence at issue, another important consideration is the policy limits of such coverage. In the […]
Massachusetts Was More Convenient Forum in Federal Case Involving Grocery Store Slip and Fall
Ideally, the outcome of a Cape Cod premises liability or personal injury case would be the same regardless of whether it went to trial in a state court or a federal court, before a jury or just a judge, or in the city or in a small town. Justice is justice, right? Unfortunately, the court […]
Massachusetts Tort Claims Act Protects Transportation Authority from Claim Arising from Discretionary Function
When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. Of course, this defense is not always successful, as there are many situations in which the government can […]
Massachusetts Recreational Use Statute Protects Indoor Sports Facility from Dekhockey Spectator’s Premises Liability Lawsuit
When someone is hurt on another’s property, there may be a possibility of filing what is commonly called a “slip and fall” or “premises liability” lawsuit against the landowner or business operator whose negligence caused the accident. Of course, the defendant in such a case is likely to offer up a myriad of possible defenses, […]