Cape Cod Injury Lawyer BlogThe right of a plaintiff to choose the venue in which to bring a personal injury case is well-established under the law. As a result, the ultimate issues of the case are normally decided by the court in the jurisdiction where the plaintiff files the lawsuit. However, in some cases, a defendant may argue that […]
Articles Posted in Personal Injury
Massachusetts Court Discusses Liability of Public Corporations
While parties can usually be held responsible for inflicting bodily harm on others, recovering damages might be difficult when the person who caused the injury works for a public employer, such as a city. Specifically, the Massachusetts Tort Claims Act (MTCA), guards public corporations from liability in a range of situations and places strict notice […]
Massachusetts Court Explains Employer Liability for Intentional Torts
Generally, employees who are injured while on the job are limited to seeking workers’ compensation benefits, as the exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) precludes them from pursuing civil claims against their employers. There are exceptions to the exclusivity provision, however, that permit for the imposition of liability on an employer […]
Massachusetts Court Discusses Claims Under the Montreal Convention
International travel is available on several of the airlines that serve Massachusetts. As a result, if a passenger is hurt while flying or disembarking from a plane, it may be difficult to determine whether the airline is liable under US law. In many cases, the Montreal Convention applies, and in order to receive damages, a […]
Massachusetts Court Discusses Third Party Liability for Work Injuries
Massachusetts’ workers’ compensation laws generally preclude people who suffer injuries in the workplace from pursuing civil claims against their employers. People hurt at work may be able to recover damages from third parties that contributed to or caused their harm, however. Generally, they must establish that the negligence of the third party caused their harm; […]
Court Explains Immunity Under the Massachusetts Tort Claims Act
People often volunteer in their communities. Unfortunately, during the act of performing good deeds, some people suffer injuries due to the negligence of others. While they can pursue claims for their losses, their ability to recover from their towns may be limited by Massachusetts law, as discussed in a recent opinion. If you were hurt […]
Massachusetts Supreme Judicial Court Establishes New Rule for Seeking a Mistrial in a Restaurant Food Contamination Case
When a restaurant serves unsafe food to a patron and that person is injured as a result, a personal injury claim may be possible. In asserting a Cape Cod food contamination case, the burden of proof is on the plaintiff, meaning that he or she must present evidence sufficient to convince the jury, by a […]
Massachusetts Court Addresses Issue of Whether Lead Inspector Owed Duty of Care to Child Who Lived in Property 20 Years After Inspection
Timeliness can be an important issue in a Cape Cod negligence case. Typically, cases not filed within the applicable statute of limitations and/or statute of repose will be dismissed unless the circumstances fall within some very narrow exception to the general rule. Sometimes, time can also factor into other issues in a given case, including […]
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 […]
Federal District Court Applies Massachusetts Law to Deny Summary Judgment in Negligent Entrustment Case
Having an insurance policy that covers accidents caused by uninsured or underinsured motorists is important. Without such coverage, it is extremely difficult – often impossible – to receive fair compensation for personal injuries or a wrongful death caused by a driver who either doesn’t have insurance at all or who has only minimum coverage. Unfortunately, […]