Under sovereign immunity, governmental entities may be immune from lawsuits arising from the negligence of their employees. Over the years, the courts carved out several exceptions to the doctrine, and in 1978 the Commonwealth passed the Massachusetts Torts Claims Act, Mass. Gen. Laws c. 258, § 4 (the “Act”), specifying the circumstances in which immunity…
Continue reading ›Over the past several decades, arbitration clauses have increasingly been used to resolve legal disputes. An Arbitration clause is an agreement between two contracting parties to settle their disputes in arbitration as opposed to going to trial. Their increased use has several justifications including reducing court volume. It may be strange to find an article…
Continue reading ›Massachusetts has one of the strongest Consumer Protection Acts in the country. Under Massachusetts General Law Chapter 93A, known as Massachusetts Consumer Protection Act, the Attorney General or a consumer can bring a legal action against unfair or deceptive conduct in the market place. This includes unfair and deceptive settlement practices when insurance companies unreasonably…
Continue reading ›A 29 year-old woman was visiting relatives in Massachusetts when she tried to use an inflatable swimming pool slide that was imported and sold by Toys R Us, Inc. and ToysrUs.com, LLC (“Toys R Us”). As she slid down head first, the slide collapsed when she reached the bottom and her head struck the concrete…
Continue reading ›In the summer months, people take advantage of the warm weather by riding bikes instead of driving. But it is important for bicycle riders to follow the rules of the road as well as other safety measures. According to news reports, a Wellfleet teenager was riding his bicycle in a busy section of Route 6…
Continue reading ›According to the Cape Cod Today, the Provincetown Police Blotter reported several animal calls for the two weeks ending at July 22, 2013.During that time period, the local police responded to one dog bite incident and several loose and lost dogs, among other matters. In all likelihood, there were many more unreported dog bite cases…
Continue reading ›According to a recent article in the Cape Cod Times, Harwich police attempted to pull over the driver of an SUV for driving recklessly along Route 28 heading west. The driver refused to stop and continued driving before striking and killing a 62-year-old Orleans man who was waiting at a bus stop. The destruction continued…
Continue reading ›On July 4th, as many people celebrated the birth of the nation, a man was killed in a hit-and-run accident on the Sagamore Bridge, the gateway to Cape Cod. Injured victims of car accidents involving negligent drivers are entitled to receive compensation for their injuries and losses. Additionally, if someone tragically dies in a car…
Continue reading ›A wrongful death civil claim is not limited to fatal car accidents. In Massachusetts, this type of legal proceeding is appropriate whenever someone negligently or intentionally causes or contributes to the death of another individual. A fatal accident involving two dirt bikes has resulted in criminal charges in Plymouth. The tragedy occurred last December. A…
Continue reading ›A wrongful death civil lawsuit in Massachusetts is not limited to fatal motor vehicle accidents. Rather, our laws deem a wrongful death to have occurred whenever someone loses their life as a consequence of the negligence of another. If the negligence is deemed to have caused or substantially contributed to the death complained of, liability…
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