In a Cape Cod premises liability case, the plaintiff has the burden of proving that the defendant landowner or shopkeeper was negligent in maintaining its property. Of course, the defendant will likely deny that it should be held liable for the plaintiff’s slip and fall accident, pointing the finger back…
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.…
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…
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…
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…
In order to obtain a jury verdict in a negligence case, including a case arising from an accident at an amusement park, fair, or carnival, the plaintiff must prove not only that the defendant owed him or her a duty of care and breached that duty, but also that the…