Cape Cod Injury Lawyer BlogThe Massachusetts recreational use statute, also known as the Massachusetts public use statute, shields from liability those who make their land available to the public for recreational use in certain situations. Of course, this exemption is not automatic, and a landowner must prove that he, she, or it is entitled to immunity under the circumstances of […]
Articles Posted in Premises Liability
Massachusetts Woman’s Premises Liability Claim Against Inn Fails Due to Her Uncertainty About Cause of Fall – Stewart v. Five Bridge Inn, LLC
Premises liability lawsuits can arise from a number of circumstances: negligent maintenance, defective design, and debris left in walking areas, just to name a few. In these types of cases, sometimes referred to as slip and fall or trip and fall accidents, an injured person can potentially recover damages for medical expenses, lost wages, pain and […]
Claim Handled by Grocery Store’s Self-Insured Corporate Owner Was Not Subject to Laws Pertaining to Insurance Companies – Bingham v. Supervalu
Under Massachusetts law, insurance companies have an obligation to act promptly, fairly, and equitably with regard to the settlement of litigation between its insured and those who make claims against the insured in situations in which the insured’s liability is reasonably clear. They also have a duty to refrain from unfair or deceptive practices. Naturally, questions […]
Food Poisoning Cases in Northwest Cause Concern in Massachusetts and Across the Nation
Americans are eating out more often than ever, spending billions of hard-earned dollars on restaurant meals annually. It therefore comes as no surprise that food poisoning cases, too, are becoming more common. A national chain of Mexican restaurants is now being accused of sickening dozens of people in two states. One of the alleged sufferers […]
Claim Against Massachusetts Bowling Alley Failed, Despite Unknown Substance on Patron’s Hands Following Fall – Finnegan v. Kingpin Entertainment, Inc.
Business owners are supposed to maintain their premises in a reasonably safe condition. This includes performing necessary maintenance, regularly inspecting the property for dangers, and taking other, related steps to keep patrons from being injured. If a property owner or business operator breaches the duty of care owed to a patron, he or she can be held […]
Massachusetts Family Seeks Injunctive Relief and Damages Concerning Son’s Alleged Sensitivity to Powerful WiFi at Fay School
The idea of holding a person, business, or government accountable for harm that can be felt but not seen is nothing new. For instance, there have been a number of successful lawsuits filed by farmers who claimed that stray voltage harmed their dairy cattle and consequently their bottom lines. Now, a Massachusetts family has reportedly filed […]
Massachusetts Town Owed Duty of Care to Student-Athlete on Visiting Varsity Baseball Team – Murray v. Town of Hudson
While negligence law generally serves to hold those who owe and breach a duty of care to others responsible for any resulting harm proximately caused by the breached duty, this is not always so for governmental entities such as cities, towns, and states. Under the doctrine of sovereign immunity (sometimes expressed as “rex non potest peccare,” […]
Letter to Mayor Did Not “Present” Student’s Negligence Claim as Required by Massachusetts Tort Claim Act – Rodriguez v. City of Somerville
You may already be aware that certain filing deadlines, called statutes of limitations, limit the time that an injured person has to file suit against the responsible party. What you may not know is that there are other time limits that must be complied with in certain situations, and the failure to comply with such rules can be just […]
“Mode of Operation” Approach Applicable in Injured Woman’s Premises Liability Lawsuit against Massachusetts Night Club – Sarkisian v. Concept Restaurants, Inc.
The basic concept of negligence law is that those who breach a duty of care owed to another should be held financially accountable for any resulting damages that proximately result from the breached duty. While the idea is simple, proving a particular case can sometimes be difficult. In premises liability lawsuits, for instance, there can be considerable […]
“Resident Relative” of Massachusetts Couple Was Entitled to Defense and Indemnification under Homeowners’ Policy – Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company
When someone is injured and the responsible party does not have liability insurance coverage, the injured person still has a legal right to file suit and obtain a judgment, but collecting the judgment may prove to be a long, arduous, and perhaps impossible task. Contrariwise, difficulties can also arise when a defendant is insured by multiple insurance companies. While […]