Articles Posted in Negligence

Many civil lawsuits are filed each year in the state and federal courts – far too many to be handled efficiently by the court system if a full-blown trial is required in every case. For this and other reasons, settlements are highly encouraged. Under Mass. Gen. Laws ch. 176D, § 3(9)(f), an insurance company has…

Police dogs are used by many law enforcement agencies across the country to assist officers as they search for drugs, locate missing individuals, and, sometimes, help apprehend suspects who attempt to flee the scene after being arrested. Just as human officers can occasionally make mistakes, so, too, can K-9 officers. When this happens, should an…

A liability insurance policy is, at its essence, a contract. In determining whether to enter into the agreement, an insurance company is entitled to rely on certain representations made by the would-be insured and to price its product accordingly. Once the agreement is made, the insured has the right to demand that the insurance company…

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 of care, that the duty…

Sometimes, it’s hard to know whose side to take. In a recent case between a teacher and a town that had allegedly breached its agreement to “eradicate any and all records” with regard to an accusation that the teacher had recklessly exposed a child to an allergen, the court came down on the side of…

Most people are aware that there are deadlines for the filing of a lawsuit in a personal injury case. However, simply filing suit within the statute of limitations does not guarantee that a case will be considered in compliance with all rules pertaining to timeliness. There may also be a statute of repose or –…

While an insurance company is not obligated to settle every liability action that is filed against one of its insureds, those in the insurance industry do have certain obligations when it comes to the fair handling of claims. A failure to comply with the law in this regard can result in substantial penalties being levied…

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. By contrast, specific jurisdiction exists…

When a driver fails to act in a reasonably prudent manner, and someone else is hurt, the negligent driver can be held liable for the injured person’s medical expenses, lost wages, and pain and suffering. Unfortunately, not every at-fault driver has high enough limits on his or her automobile liability policy to pay fair compensation…

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 landowner owed a duty…