Cape Cod Injury Lawyer BlogUnder Massachusetts law, people who suffer harm at work are generally precluded from seeking damages from their employer in a civil lawsuit. Instead, their only available remedy is workers’ compensation benefits. They can seek compensation from other parties whose negligence caused their harm, however. If they do, the defendant in the civil lawsuit may attempt […]
Articles Posted in Premises Liability
Massachusetts Court Discusses Liability for Harm Suffered on Another Party’s Property
Property owners have a general obligation to ensure that persons who legally enter their buildings are not exposed to hazardous conditions. If they fail to do so and people suffer injury as a result, they can be held accountable for damages in a civil case. However, as stated in a recent ruling delivered in 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; […]
Massachusetts Court Discusses Establishing Constructive Notice in Slip and Fall Cases
Trip and fall accidents can cause significant injuries that are not only painful but also require substantial time and money to treat. In many cases, such incidents occur due to dangerous conditions that the injured party encounters when walking on someone else’s property. Whether the property owner will be deemed liable for harm suffered in […]
Massachusetts Court Discusses Jurisdiction Over Foreign Defendants
People rarely anticipate that they will sustain injuries while they are on vacation, but slip and fall accidents and other harmful events commonly occur at hotels and resorts. Parties injured in such incidents often choose to seek compensation from the property owners via civil claims. In cases in which the accident occurred in a foreign […]
Massachusetts Woman’s Claim Against Governmental Entity Fails Due to Lack of Timely Notice
In some types of Massachusetts negligence cases, there are special requirements in addition to the usual steps for filing suit against the allegedly responsible party. For instance, a Cape Cod premises liability case involving a governmental entity may require notice of the accident to be given well before the time that the statute of limitations […]
Summary Judgment Reversed in Case of Massachusetts Teen’s Drowning in Swimming Pool
In a Cape Cod premises liability lawsuit, the duty of care that a landowner owes to an individual who comes upon his or her property can vary from case to case. One of the primary considerations is whether the individual had the landowner’s invitation or implied permission to be on the property or whether he […]
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 […]
Massachusetts Appeals Court Affirms Jury Verdict in Favor of Injured Restaurant Patron, Despite Argument that Condition Was Open and Obvious
One of the more common defenses in a Cape Cod premises liability lawsuit is an assertion by the defendant that the condition was so open and obvious that any reasonable person would have noticed it and avoided it. Of course, each case must stand on its own facts when it comes to such matters. Even […]
Massachusetts Woman’s Wrongful Death Case for Husband and Son’s Death in Canadian Hotel Should Not Have Been Dismissed
A Cape Cod wrongful death or personal injury lawsuit cannot succeed unless the plaintiff is able to prove that the defendant’s negligence caused the accident victim’s death or physical harm. This must be proven by a preponderance of the evidence, via legally admissible evidence. Of course, this assumes that the case ultimately makes its way […]