On behalf of Aiken & Aiken P.C. posted in Premises Liability on Thursday, June 25, 2015
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.
On behalf of Aiken & Aiken P.C. posted in Car Accidents on Thursday, June 18, 2015
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.
On behalf of Aiken & Aiken P.C. posted in Car Accidents on Tuesday, June 16, 2015
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.
On behalf of Aiken & Aiken P.C. posted in Sexual Abuse on Friday, June 5, 2015
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.
On behalf of Aiken & Aiken P.C. posted in Wrongful Death on Wednesday, June 3, 2015
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.
On behalf of Aiken & Aiken P.C. posted in Sexual Abuse on Saturday, May 30, 2015
An Essex court officer was recently arraigned on multiple sexual assault charges and held on a $50,000 bail. The prosecutor claims that they have DNA evidence to prove the charges. The officer allegedly raped and beat a female inmate that was in his custody. All in all, he is charged with multiple accounts of rape, assault with intent to rape, indecent assault and battery and misleading investigators. These charges stretch from 2009 to 2014.
On behalf of Aiken & Aiken P.C. posted in Premises Liability on Thursday, May 28, 2015
Negligence cases in the Commonwealth of Massachusetts are usually seen as one individual’s behavior causing harm to someone else. For example, an inattentive driver striking a pedestrian or another car, or a surgeon accidentally leaving behind a surgical clamp in a patient. A less well known form of negligence consists of a failure to act when taking action would be necessary to prevent harm, or negligence that takes the form of failing to safeguard against dangerous physical conditions. These variations of negligence can often be found together in circumstances leading to a claim of premises liability.
On behalf of Aiken & Aiken P.C. posted in Wrongful Death on Wednesday, May 20, 2015
A recent cruise ship accident on a coral reef in Bermuda was presumably caused by power failure; which caused a failure in the steering system. While none of the 2,500 passengers and crewmembers onboard was injured, it was surely an experience none of them want to have again.
On behalf of Aiken & Aiken P.C. posted in Premises Liability on Monday, May 18, 2015
Under Massachusetts law as it relates to premises liability, trespassers upon the property of another are generally not owed any duty of care on the part of the property owner. There is, however, one significant exception to this rule: child trespassers.
On behalf of Aiken & Aiken P.C. posted in Car Accidents on Friday, May 15, 2015
Automobile technology has been advancing in recent years that presages the “driverless car”. Cars can now parallel park themselves, and the latest innovations include cars that monitor your blind spots for you, tell you when you are deviating out of your lane, and in some imminent collision situations will even stop themselves if you do not hit the brakes in time. It is only a matter of time before technology matures sufficiently to take you out of the driving picture altogether. In fact, the Internet company Google is one of six companies that has prototype driverless cars on the road right now, working out the bugs in the technology that will ultimately render you obsolete as a driver.
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