Serving Cape Cod and the Surrounding Areas

Archives for: June 30th, 2015

Does the doctrine of negligence per se apply in Massachusetts?

Sometimes an injury that is actionable in civil court can include an aspect of criminal law. Many states will consider a statutory violation by a defendant in a negligence case to benefit the plaintiff’s case by making the burden of proof easier to carry, by holding that the proof of such a violation establishes a rebuttable presumption that the defendant was negligent. This use of statutes is known as “negligence per se”.

Who can bring a wrongful death action in Massachusetts?

Any time that a person dies as the result of the negligent, reckless or intentional act of another there are two classes of victims: the deceased person, and his or her loved ones. The Massachusetts wrongful death statute acts to preserve any cause of action that the deceased person may have had against the person or entity that caused his or her fatal injury, but this brings up the question of how, if the decedent is not available personally to file the lawsuit and cannot personally recover any damages from a jury award, a case is to be brought forward.

What is the "open and obvious danger" rule?

The general rule of premises liability in the state of Massachusetts is that a property owner or occupier owes a duty to others on the property to keep the property in a reasonably safe condition, which includes a duty to warn of any unreasonable dangers that the owner or occupier knows of. This duty of care does not, however, completely absolve visitors on the property from exercising their own duty of care when it comes to exercising reasonable discretion in recognizing and avoiding dangerous conditions on the property that would be obvious to a reasonable person.

Getting the compensation you deserve after a car accident

No one leaves their home expecting to get into a serious car accident. You don’t approach an intersection anticipating being in a head-on collision with a drunk driver or with a distracted driver whose texting and driving caused his or her vehicle to drift into your lane of travel.

Role of others besides negligent driver unclear in car accident

Sometimes, the cause of a car accident can be a combination of the conduct of a negligent driver and the conditions existing at the time at the location where it occurred. An accident investigation of a recent car collision raises questions about the role work done by a contractor for the state may have played in contributing to the accident.

Theres more to premises liability than slip and fall accidents

The slip-and-fall accident, someone unknowingly stepping onto a liquid or other slick substance on the floor of a retail establishment like a supermarket, or tripping on an item carelessly left underfoot, is the prototypical premises liability accident, and the one that most people are likely familiar with. But premises liability can also involve other injury-causing events that have nothing to do with trip hazards or other threats to maintaining balance.

Most sexual assaults at schools are going unreported

According to a recent report, officials at colleges in Massachusetts are not being informed of sexual assaults taking place on their campuses. The state legislature is considering a law that would require local police departments to work in cooperation with universities and colleges to make it easier for the victim of sexual assault to file report of the incident.

What is a survival action?

Wrongful death is the cause of action that many people think of first when they lose a loved one because of the negligent, reckless or intentional act of someone else. But there is another kind of lawsuit that can arise from circumstances that involve the death of a family member. This is known as a survival action.