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Articles Posted in Premises Liability

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Massachusetts Court of Appeals Affirms Summary Judgment to Insurance Company in Dog Bite Case

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…

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Appeals Court in Massachusetts Considers Whether to Vacate $3.2 Million Default Judgment Against Allegedly Negligent Construction Company

Most Massachusetts personal injury lawsuits proceed in a back-and-forth fashion reminiscent of a tennis match. The plaintiff serves his or her complaint on the defendant, and then the defendant responds by filing an answer. The parties then file discovery requests, to which the opposing party files an answer. Motions may…

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Massachusetts Court Affirms Defense Judgment in Construction Accident Lawsuit

Construction site accidents are common in Cape Cod and elsewhere in Massachusetts. Unfortunately, legal claims arising from these types of on-the-job injuries can be more difficult to pursue than more traditional workers’ compensation cases. One reason for this is that those in the construction industry may be injured by someone…

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Massachusetts Appeals Court Affirms Dismissal of Negligence Claim Against Gas Company Due to Lack of Timely Notice

If you are hurt because of a slip and fall-type accident in or around Cape Cod, do you know how long you have to file a claim against the negligent party who caused the condition that led to your fall? You may think you know, but, chances are, you only…

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Dismissal of Wrongful Death Suit Against Homeowners on Summary Judgment Affirmed by Massachusetts Court of Appeals

When someone is killed while working on another’s property, those left behind may wish to consider the possibility of filing a Cape Cod wrongful death lawsuit. Of course, the likelihood of success in such a case depends very much on the particular circumstances of the decedent’s passing. If the personal…

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Massachusetts Court of Appeals Affirms Defense Verdict in Negligence Case Against Inn

There are many steps to receiving fair compensation for injuries suffered due to the negligence of others. The first step in a typical Cape Cod personal injury lawsuit is an investigation into the accident giving rise to the plaintiff’s claim. The case then proceeds through a phase called “discovery,” during…

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Massachusetts Court of Appeals Agrees That Summary Judgment Was Appropriate Following Stabbing in Theater Parking Lot

There are many different circumstances through which a Cape Cod premises liability lawsuit may arise. In a “slip and fall” case, a person may be injured due to a fall caused by a slippery substance on the floor of a grocery store or poorly constructed stairs outside a public building.…

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Neither “Controlled Affiliate” Nor Managing Agent of Housing Authority Are Public Employers Under Massachusetts Tort Claims Act

In most circumstances, a person who is harmed by the negligence of another party can seek monetary compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by the act of negligence. In the case of a public entity defendant, however, there are limitations on, among other…

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Massachusetts Court of Appeals Affirms $20 Million Judgment After Customer’s Death at Convenience Store

Generally speaking, in a Massachusetts personal injury or wrongful death lawsuit, it is the jury’s job to determine not only which party was at fault but also the amount of damages to which the plaintiff is entitled if the defendant is determined to have been negligent. That having been said,…

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Massachusetts Court Affirms Summary Judgment in Slip and Fall Case Based on Exclusivity Provision of Workers’ Compensation Act

Cases involving injuries at one’s workplace can be wrought with many potential complications. For example, a Massachusetts workers’ compensation claim might be met with a denial of benefits on the ground that the “employee” was actually an independent contractor. Under Massachusetts law, independent contractors are not entitled to workers’ compensation…

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