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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, blaming the plaintiff for the accident or denying that the condition that led to the injury had been in place long enough for the defendant to have legal notice of it.

In some situations, there may be another possible defense, such as the recreational use statute.

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In a Cape Cod premises liability case, the plaintiff has the burden of proving that the defendant landowner or shopkeeper was negligent in maintaining its property. Of course, the defendant will likely deny that it should be held liable for the plaintiff’s slip and fall accident, pointing the finger back at the plaintiff for the accident or denying that the dangerous condition described by the plaintiff even existed. It is up to the jury to resolve the factual issues between the parties.

Facts of the Case

In a recent unpublished appellate court case, the plaintiff was reportedly an 84 year-old man whose shoe caught in an “eroded concrete surface” near a gas pump, causing him to fall. The plaintiff filed a negligence lawsuit against the defendant gas station owner, seeking monetary compensation for the injuries that he suffered in the fall. At trial, a fellow customer, who witnessed the incident, testified that the disrepair was readily apparent and had been in place for quite some time. In response, the defendant insisted that the gap that caused the plaintiff’s fall was so minor a defect that, as a matter of law, it could not give rise to a violation of the defendant’s duty of care to the plaintiff.

The jury found in the favor of the plaintiff (who was joined in the action by his wife, who asserted a loss of consortium claim), awarding him $450,000 and his wife $200,000. The trial judge issued a remittitur, reducing the plaintiff’s damages award to $300,000 and the wife’s to $125,000. The plaintiffs accepted the remittitur. The defendant filed a motion for judgment notwithstanding the verdict and/or for a new trial; the trial court denied both motions.
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Under Massachusetts law, those who are injured or lose a loved one due to another’s negligence have a limited amount of time in which to file a Cape Cod personal injury claim against the responsible party.

It is important to note that certain situations, such as cases involving a governmental entity, can result in much shorter deadlines, sometimes only a matter of days, than the general statute of limitations would suggest.

When a claim is not timely filed, the injured person will, most likely, be deemed to have waived his or her right to recover money damages.

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If you believe that you or someone in your family has been hurt by the negligence of a doctor, hospital, or other health care provider, you probably have several questions. “How do I file a claim?” “How do I prove my case?” “If I win, how much will the judgment be?”

Another important question – sometimes overlooked by those who are not familiar with the civil justice system – is, “How long do I have to file a Cape Cod medical malpractice lawsuit?” Generally speaking, the answer to this question is “three years.” However, calculating the exact date that a claim becomes time-barred can sometimes be difficult. This is because determining the date that the claim begins to run (and the three-year clock begins to tick) is not always simple.

Facts of the Case

In a recent (unreported) case, the plaintiff was a man who claimed that he suffered an injury to his urethra due to a nurse’s negligent catheterization of him when he was a patient at the defendant hospital in October 2009. The plaintiff was reportedly told that he might urinate blood for a short while but that the bleeding would stop soon. The plaintiff not only had bloody discharge in his urine, but also he experienced painful urination that lasted for several years. However, he did not return to the defendant hospital for further medical treatment until June 2012. According to the plaintiff, he suffered from post-traumatic stress disorder and a phobia that made him fearful of seeking medical attention.

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Those who have lost a loved one to the negligence of another person, a business, or a governmental entity should be aware that there is a finite amount of time for filing a Massachusetts wrongful death claim. Not only does the plaintiff’s lawsuit need to be filed by a certain date, he or she also has a limited amount of time in which to serve the defendant with a copy of the complaint.

While there are a few, very limited exceptions to the requirements of the statute of limitations and service of process rules for such claims, almost all untimely claims are dismissed by the courts.

Thus, it is important to talk to an attorney as soon as possible if you believe that your loved one died due to another’s negligence.

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All Massachusetts personal injury and wrongful death cases are subject to strict filing deadlines called “statutes of limitation.” Cases not filed within the time set forth by these statutes are almost always dismissed on procedural grounds.

It is important to note that, in some cases, there may be other deadlines – sometimes, much shorter deadlines – in addition to the general statute of limitations. Again, failure to act within the required time period can be fatal to a plaintiff’s case.

One example of this is a claim against a city or municipality. In these cases, at least some type of minimal legal action (such as the giving of notice) must be taken within a matter of days, or else the plaintiff will be barred from monetary recovery against the responsible governmental entity.

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In a Cape Cod dog bite injury lawsuit, there can be a wide variety of issues. As always, the burden of proof lies on the party asserting the claim.

Insurance coverage can be an issue in some cases. Depending on the facts, it may be the plaintiff, or it may be the defendant who is seeking a declaration from the court to the effect that the plaintiff’s claim (if it is ultimately proven) is covered by a particular policy of insurance.

As in other cases in which an insurance company seeks to avoid liability for one reason or the other, proving that there is insurance coverage can be just as difficult a battle – if not even more so – than proving the elements of the underlying case.

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Most Cape Cod medical malpractice cases are settled out of court, but some do proceed to trial. During trial, it is likely that at least a couple of expert medical witnesses will testify, one on behalf of the plaintiff and one on behalf of the defendant.

Because a lot can hinge on the testimony of the parties’ respective witnesses, it is not unusual for evidentiary and procedural issues to arise during this phase of the trial.

It is up to the trial court judge to resolve these issues, subject to review by the appellate court if either party seeks a review of the trial court’s decision(s) in this regard.

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As technology evolves, so does Massachusetts criminal law. Just as those who intentionally engage in criminal activity often rely on technology such as cell phones to conduct their business, police officers and others in law enforcement increasingly rely on information obtained through technology that, just a decade or two ago, may not have even existed.

When an arrest is made based on information obtained through the use of a technological device, the courts must consider whether police acted lawfully in light of the 4th Amendment prohibition against unlawful searches and seizures, as well as other relevant legal principles.

Facts of the Case

In an appellate case arising from a decision of the Supreme Judicial Court for the County of Suffolk, the defendant was a man who was indicted on a charge of trafficking cocaine in violation of Massachusetts General Laws ch. 94C, § 32E(b) after police found cocaine and cash in a crawlspace located inside his residence. This evidence was found during a warrantless search, to which the defendant consented after police obtained his location through use of the defendant’s cell site location information. The defendant filed a motion to suppress the cocaine and cash on the grounds that they had been the fruit of an illegal search and seizure.

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If you are the parent of an infant or toddler, you probably already know that there are more baby products on the market than ever before. When choosing from a seeming multitude of options, how can you be assured that you are buying a product that is safe, rather than a potentially dangerous product that may eventually become the subject of a Massachusetts product liability lawsuit?

The unfortunate fact is that you cannot know, with absolute certainty, which items are safe, and which are not. However, there are some ways to research a particular product before making a purchase.

The federal government has a website that is somewhat of a “clearinghouse” for recalls and product advisories concerning several different products, including consumer products aimed at children and child safety seats.

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