In order to prevail on a claim that one has suffered personal injury, property damage, or a loved one’s wrongful death, the plaintiff in a Massachusetts negligence lawsuit must be able to prove four elements: duty, breach of duty, damages, and causation.
The question of whether causation exists in a given case is dependent, in part, on whether the injury that befell the plaintiff was reasonably foreseeable to the defendant under the facts of the case.
Facts of the Case
In a recent lawsuit between two businesses who shared a parking lot, the plaintiff alleged that one of the defendant’s employees left a piece of heavy-duty equipment unlocked, unattended, and running (with keys in the ignition) in the parties’ shared parking lot in the middle of the night and that an “unauthorized third-party” (i.e., a vandal) used the piece of equipment to inflict extensive damage on some of the plaintiff’s property. Continue reading