Cape Cod Injury Lawyer BlogThe first question that must be answered in any Cape Cod wrongful death or personal injury lawsuit is, “Did the defendant owe a duty of care to the plaintiff?” The answer to this inquiry can be impacted by state statutes, existing case law, local ordinances, the particular facts of the case, the relationship between the […]
Articles Posted in Premises Liability
Massachusetts Appeals Court Sides with Insured in Third Party Claim as to Insurance Coverage in Lead Poisoning Case
In most Cape Cod personal injury lawsuits, the main issue is whether the defendant should be held liable for the plaintiff’s injuries and, if so, the amount of compensation to which the plaintiff is entitled for his or her medical expenses, lost earnings, pain and suffering, and other damages. The defendant’s insurance company is somewhat […]
Massachusetts Was More Convenient Forum in Federal Case Involving Grocery Store Slip and Fall
Ideally, the outcome of a Cape Cod premises liability or personal injury case would be the same regardless of whether it went to trial in a state court or a federal court, before a jury or just a judge, or in the city or in a small town. Justice is justice, right? Unfortunately, the court […]
Massachusetts Court of Appeals Rules Against Insurance Company in Unfair Settlement Practices Lawsuit
Some Cape Cod personal injury cases are multi-faceted. In addition to pursuing several different theories of liability and/or naming several defendants in a suit, a plaintiff may also file multiple lawsuits in different courts, seeking different types of compensation, as the case progresses. For instance, a plaintiff may seek compensation for a business owner’s negligence […]
Massachusetts Appellate Court Says Lower Tribunal Should Not Have Entered Separate and Final Judgment in Tenant’s Suit Against Landlord and Appliance Store Following Explosion
It is not unusual for a Cape Cod premises liability, personal injury, or other negligence-based lawsuit to involve multiple claims against multiple defendants. When this happens, a plaintiff may opt to settlement some claims against some parties, while the remaining claims proceed to trial. The procedural hurdles involved in such a situation must be carefully […]
Massachusetts Court of Appeal Affirms Summary Judgment to Homeowners, Despite Child’s Serious Injury on Zip Line
There are many circumstances that can lead to a Cape Cod slip and fall or premises liability lawsuit. While many such cases involve adults, there can also be situations in which a minor child is injured on another’s property. As with other types of negligence lawsuits, the plaintiff in such a case has the burden […]
Defendants’ Appeal in Slip and Fall Case Dismissed for Failure to File Required Paperwork Within Time Set by Massachusetts Rules of Appellate Procedure
Hopefully, by now most people know how it important it is to file a claim for damages within the statute of limitations following a Cape Cod accident. However, many individuals may not realize that there can be additional matters of timeliness that must also be complied with, if a case is to be handled as […]
Massachusetts Recreational Use Statute Protects Indoor Sports Facility from Dekhockey Spectator’s Premises Liability Lawsuit
When someone is hurt on another’s property, there may be a possibility of filing what is commonly called a “slip and fall” or “premises liability” lawsuit against the landowner or business operator whose negligence caused the accident. Of course, the defendant in such a case is likely to offer up a myriad of possible defenses, […]
$425,000 Damages Award in Slip and Fall Case Affirmed by Massachusetts Court of Appeals
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 at the plaintiff for the […]
Massachusetts Supreme Judicial Court Says Bicycle Accident Case Against Utility Company Should Not Have Been Dismissed on Summary Judgment
All Massachusetts personal injury and wrongful death cases are subject to strict filing deadlines called “statutes of limitation.” Cases not filed within the time set forth by these statutes are almost always dismissed on procedural grounds. It is important to note that, in some cases, there may be other deadlines – sometimes, much shorter deadlines […]