Electricity is one of those things to which most of us give little thought – until something goes wrong. Unfortunately, things can sometimes go very wrong when a power company acts negligently, sometimes triggering a Massachusetts personal injury or wrongful death lawsuit. Governmental tort liability, including the possibility of immunity…
As we go about our daily lives, we often find ourselves on property that we neither own nor control. This can include the hallway of a hotel in which we are staying on vacation, the floor of the supermarket in which we purchase our weekly groceries, and the sidewalk from…
A Cape Cod product liability case can arise from many different types of products and can involve several different theories of liability. Claims of strict liability, negligence, defective design, manufacturing defect, breach of warranty, or failure to warn may be alleged, depending on the circumstances. Since product liability lawsuits are…
When someone gets hurt on another person’s property, there is a possibility that the injured person may be able to seek compensation from the property owner if he or she can prove that the injuries were caused by the owner’s negligence. Massachusetts premises liability cases – sometimes called “slip and…
It’s that time of year again. Many families, trying to squeeze in one more trip before the kids head back to school, make the trek to amusement parks both near and far. Others take advantage of those special once-a-year local fairs and festivals, dazzled by the lights, enticed by the…
When a person is hurt on another person’s property, he or she has a right to seek compensation through a premises liability lawsuit. Of course, just as in any negligence case, the burden of proof is on the plaintiff to prove that the defendant owed him or her a duty…
The term “hearsay” is sometimes used in everyday language to mean gossip or an unsubstantiated rumor. However, the term has a very specific meaning within the legal context. In the law, it refers to one person’s testimony about another individual’s statement or words. Generally, hearsay statements are not admissible in…
Before a court can exercise jurisdiction over a defendant in a lawsuit, there must be personal jurisdiction – either general or specific. General jurisdiction is much broader, subjecting a defendant to suit in the forum state in all matters, even those that have no direct relationship to the forum state.…
There are four components in a basic negligence lawsuit: duty, breach of duty, causation, and damages. Whether a duty exists in a given situation is usually a question of law to be resolved by the court. Recently, a Massachusetts appeals court was called upon to resolve the issue of whether a…
Have you ever wondered what an appellate court takes into consideration when deciding an appeal? The answer is that it depends. The fact is that many issues are possible subjects of an appeal. In a recent case, the issues included the admissibility of certain testimony and demonstrative evidence, as well as whether…