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There are many circumstances that can lead to a Cape Cod slip and fall or premises liability lawsuit. While many such cases involve adults, there can also be situations in which a minor child is injured on another’s property. As with other types of negligence lawsuits, the plaintiff in such a case has the burden of proving that the defendant breached a duty of care, thus proximately causing damages to the injured party.

If you or your child has been hurt by a negligent property owner, you should speak to an attorney about your case as soon as possible, as there is a statute of limitations that limits the time during which you may take legal action.

Facts of the Case

In a recent case, the plaintiff was a woman who brought suit as the parent and the next friend of her a minor child who was allegedly injured as a result of a fall from a zip line that the defendants had installed in their backyard. Because the zip line did not have a seat, the child’s father held him up by the hips and guided him for a few feet before letting him go. The child traveled a short distance and then lost his grip. Reportedly, his father grabbed him as he was falling, but the child’s arm hit the ground and was fractured so severely that several surgeries were required. In their negligence claim, the plaintiffs focused on the defendants’ failure to install a safety seat attachment to the zip line, arguing that this failure rendered the zip line unreasonably dangerous. The plaintiffs also asserted that the defendants had failed to warn the child of the danger of the zip line.

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Under the common law, the “king could do no wrong” – and hence was not subject to a finding of liability in court for negligent or reckless conduct. In modern times, the concept of sovereign immunity can apply to a government, just as it did to a monarchy. Citizens still do not have the “right” to sue a city, state, or even the federal government under the principles of sovereign immunity.

However, most governmental entities have passed laws that allow themselves to be sued, at least in some circumstances. However, there are almost always limitations on such suits, including those involving a Cape Cod wrongful death claim.

Facts of the Case

In a recent unreported case, the plaintiff was a special administratrix who filed suit against the defendant city public health commission, asserting a cause of action for wrongful death and failure to supervise and/or train employees. According to allegations in the plaintiff’s complaint, the decedent was placed into an ambulance that was under the control of the defendant commission after staff members at an inn called 911 and reported that the decedent was experiencing suicidal thoughts. The defendant reportedly disregarded its usual practice of driving a suicidal patient to the hospital with a police escort; when the defendant’s employees opened the ambulance door, the decedent ran into the street, laid down, and was killed by a motor vehicle moving through traffic.

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Under Massachusetts law, there are certain requirements for those who operate motor vehicles within the Commonwealth. In a Cape Cod car accident case, a dispute may arise as to whether a driver was in compliance with these laws at the time of the accident.

It should be noted that some of the rules that affect Massachusetts drivers may not apply to those from out of state who just happen to be passing through at the time of a collision. A recent court case explores the relationship between the amount of time that a nonresident has spent in the state and the requirements for certain insurance coverage.

Facts of the Case

In a recent unreported court case, the plaintiff was a passenger in a vehicle that was involved in a two-car wreck allegedly caused by the defendant motorist’s negligence. The plaintiff’s suit also named the driver with whom he was riding at the time of the crash, her motor vehicle accident insurance company, and the defendant motorist’s insurance carrier as defendants in the suit. Only the plaintiff’s negligence claim against the defendant motorist proceeded to trial, the remaining claims having been dismissed on summary judgment or stayed.

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If you are facing prosecution for an alleged criminal act in Cape Cod or elsewhere in Massachusetts, it is important that you know and understand your constitutional rights.  A skillful legal advocate can review the facts and ultimately have a profound impact on your Cape Cod criminal defense case.

One of the rights that is generally afforded under the United States Constitution is the right not to be put on trial a second time for the same criminal offense. Of course, there are some conditions that come with the Double Jeopardy Clause, some of which are long-standing and some of which are still being litigated today.

The United States Supreme Court recently weighed in on a case in which a defendant urged that the clause prevented him from being convicted in both state and federal court for the same basic offense.

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In order to receive Massachusetts workers’ compensation benefits for a work-related injury or death, the person filing the claim must be able to show that the accident that led to the injury or death occurred during the course of the worker’s job duties. Usually, this is an easily resolved issue, but sometimes the particular circumstances of an accident can result in substantial disagreement between the parties as to whether the employee was truly acting in the course of his or her employment.

If the worker’s compensation insurance company denies the claim, the matter will likely proceed to a determination by an administrative law judge; this decision may be further appealed, should either side wish to seek review. If you or someone you know is considering filing a claim for a workplace injury or death, now is the time to speak with a Cape Cod workers’ compensation attorney.

Facts of the Case

In a recent case appealed from the Industrial Accident Reviewing Board, the widow of a man who was killed in an automobile accident sought workers’ compensation benefits on the basis that the decedent (who was the principal of a family-owned business) was killed during the course of business. The defendant insurance company denied the claim. A three-day hearing was held before an administrative law judge. The judge denied the widow’s claim, concluding that the trip during which the decedent was killed was not an undertaking that was in the course of the insured company’s business. The Department of Industrial Accidents’ reviewing board summarily adopted the ALJ’s decision. The widow sought further review.

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Hopefully, by now most people know how it important it is to file a claim for damages within the statute of limitations following a Cape Cod accident. However, many individuals may not realize that there can be additional matters of timeliness that must also be complied with, if a case is to be handled as assertively as possible.

One of these important deadlines is the 30-day period for the filing of a notice of appeal following entry of final judgment by a trial court judge. While there are some exceptions to the usual rule, these are few and far between, as the defendants in a recent premises liability lawsuit found out.

Facts of the Case

In a recent case, the plaintiff was a man who fell while maneuvering a pallet jack from his delivery truck to a loading dock operated by the defendants. According to the plaintiff, his fall aggravated osteoarthritis in hip, requiring him to undergo a total hip replacement. The plaintiff’s personal injury lawsuit alleged that the defendants were negligent in failing to maintain the mechanism that bridged the gap between his trailer and their dock, thus causing the accident and his resulting injuries.
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Timeliness is extremely important in a Cape Cod personal injury lawsuit. First of all, a potential litigant has only a limited amount of time in which to assert his or her claim; generally speaking, a claim is barred if it is not filed within the period established by the statute of limitations (although there are a few, very limited exceptions).

Additionally, once litigation has begun, there are more deadlines, including time limits on responding to an opposing party’s discovery requests (such as interrogatories, which are written questions from one party to the other seeking more information about the claim).

When a party fails to meet the deadlines that have been established by the applicable court rules – or by the trial court judge, if a scheduling order has been entered – he or she risks dismissal of a claim that, if successful on its merits, could have yielded valuable compensation for medical costs, lost pay, and pain and suffering caused by another’s carelessness.

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In a Massachusetts negligence action seeking compensation for personal injuries or a loved one’s wrongful death, the plaintiff must prove several things in order to prevail at trial. First and foremost, the plaintiff must be able to show that a duty existed between him or her and the defendant.

If the plaintiff can show that the defendant breached this duty and that, as a proximate result, he or she suffered damages, he or she may be able to recover payment for medical costs, lost wages, pain and suffering, and other associated expenses.

However, if the court does not agree that a duty of some sort existed between the parties, the plaintiff’s case will fail.

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The majority of Cape Cod personal injury cases based on the legal theory of negligence are filed against individuals or businesses. However, governmental entities can also be held accountable for negligence in some situations.

It is important to note that cases against the government may have special rules, including the requirement of giving written notice of one’s claim well in advance of the time that the statute of limitations would otherwise run (sometimes, the injured person has only a matter of days to take action).

There may also be a cap on the amount of damages that a city or other unit of the government will be required to pay.

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One of the most fundamental rights of the defendant in a criminal case is the right to a trial by jury. A seasoned Cape Cod criminal defense attorney can help make sure that this and other important rights are protected. This is very important because a biased, prejudiced, or tainted juror can wreak havoc on what is supposed to be a determination by a “fair and impartial” jury of the defendant’s peers. A knowledgeable defense lawyer can also make sure that the defendant’s other constitutional and legal rights were not violated during the arrest process and, if necessary, file a motion in limine to exclude potentially inadmissible evidence.

Facts of the Case

In a recent case, the defendant was a man who was accused of several crimes relating to the illegal possession and improper storage of firearms and ammunition. When the matter was tried to a jury, one of the jurors was excused during deliberations because she told a court officer that she could not continue to deliberate because she was upset by other jurors being “argumentative.” The juror also mentioned that she was emotional due to health issues being suffered by some members of her family. The trial judge opted to replace the juror with an alternate, and the deliberations continued. After the defendant was found guilty, he appealed. The intermediate court of appeals affirmed the defendant’s conviction. He sought further review from the Massachusetts Supreme Judicial Court.

Decision of the Court

The supreme court vacated the judgments entered against the defendant, concluding that the juror had been discharged for reasons that were “not purely personal” and that, thus, her dismissal was prejudicial error. The court went on to conclude that, because there was sufficient evidence for the trial court to deny the defendant’s motion for a required finding of not guilty, the appropriate thing to do was to remand the case for further proceedings.
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