Premises Liability Category Archives — Page 7 of 7 — Cape Cod Injury Lawyer Blog Published by Cape Cod, Massachusetts Injury Attorney

Summary Judgment to Cape Cod Store Was Improper in Massachusetts Woman’s Slip and Fall Suit – Bowers v. P. Wile’s, Inc.

Published on: May 19, 2015 | John C. Manoog III

In 2007, the Supreme Judicial Court of Massachusetts adopted the so-called “mode of operation” approach to premises liability lawsuits. Under this doctrine, a person who is injured as a result of an allegedly dangerous condition on someone else’s property does not have to prove that the property owner had notice – either actual or constructive – […]

Massachusetts Anti-SLAPP Statute Did Not Protect Insurance Company That Failed to Make Reasonable Settlement Offer – Chiulli v. Liberty Mutual Insurance Company, Inc.

Published on: April 6, 2015 | John C. Manoog III

There are some cases in which liability is clear cut and the only real decision is the amount of the check that one party will write the other. In other cases, the issues are multiple, including who was at fault and to what degree. Recently, a Massachusetts appellate court was called upon to determine whether […]

Federal Appellate Court Dismisses Lexapro Product Liability Suit Pending in Massachusetts Federal District Court – Marcus v. Forest Pharmaceuticals, Inc.

Published on: February 25, 2015 | John C. Manoog III

Product liability cases can run the gamut from household items to automobiles to medical devices and drugs. One particular drug, an antidepressant manufactured by Forest Pharmaceuticals and commonly known as “Lexapro,” recently came under fire in the case of Marcus v. Forest Pharmaceuticals, Inc. Lexapro, which belongs to a class of antidepressants known as “selective serotonin […]

From Snowsuits to Lawsuits – How Bad Weather Affects Massachusetts Personal Injury Litigation

Published on: February 18, 2015 | John C. Manoog III

It may be cliché to talk about the weather, but in a winter like the one we are currently experiencing, it is unavoidable. The Bay State has been hit by one blizzard after another, with accumulations measurable not just in inches but in feet. Such extreme weather is bound to affect our lives in many […]

Massachusetts Business Owner Arrested for Destroying Evidence Following Patron’s Injury

Published on: July 23, 2014 | John C. Manoog III

No business owner wants to be sued, but most understand that the possibility of being held financially responsible for a customer’s injuries is part of doing business. That’s why liability insurance exists, after all. Unfortunately, one Massachusetts business owner was apparently so zealous to avoid a possible premises liability lawsuit that he is now facing criminal […]

No Insurance Coverage Owed to Tavern in Massachusetts Inadequate Security Suit Falling Under “Assault and Battery” Exclusion

Published on: June 4, 2014 | John C. Manoog III

Massachusetts law requires property owners to keep their premises safe. When a business or homeowner breaches this duty and someone is hurt, the injured person can file a premises liability lawsuit seeking money damages. In a successful premises liability case, an injured person may be able to receive compensation for medical bills, lost wages, and pain and suffering. Although many premises […]

Massachusetts SJC Overrules Fire Escape Limitation When Owners Are Strictly Liable For Injuries Caused By Building Code Violations — Sheehan v. Weaver

Published on: April 22, 2014 | John C. Manoog III

On April 10, 2014, the Supreme Judicial Court of Massachusetts decided on a strict liability case, Sheehan v. Weaver, where an apartment renter fell from a two story apartment staircase when the guardrail broke. Strict liability is a statutory tort that allows a plaintiff to hold a person liable for injuries regardless fault. The question […]

In Massachusetts, a Building Owner Can Be Liable for the Death of a Patron by Violating Building Safety Codes — Klairmont v. Gainsboro Restaurant, INC

Published on: February 26, 2014 | John C. Manoog III

Last year the Supreme Judicial Court of Massachusetts made an important ruling about wrongful death and survival claims in Klairmont v. Gainsboro Restaurant, INC. The ruling clarified whether loved ones could bring a survival action under Massachusetts consumer protection act, Massachusetts General Laws Chapter 93A § 9 (“c. 93A”). Any time families lose a loved […]

Supreme Judicial Court of Massachusetts Rules Property Owner May Be Liable for Certain Open and Obvious Hazards — Dos Santos v. Coleta

Published on: November 27, 2013 | John C. Manoog III

Recently in Dos Santos v. Coleta, the Supreme Judicial Court of Massachusetts further defined the role of the “open and obvious” rule in premises liability cases. Under the “open and obvious” rule, the defendant in a negligence case is relieved of their duty of care if the hazard is open and obvious. However, a property […]

Massachusetts apartment fire kills mother, daughter

Published on: September 14, 2012 | John C. Manoog III

A tragic Massachusetts fire in a multi-family apartment house in Uxbridge has claimed the lives of a 45-year-old woman and her 6-year-old daughter. The young girl had just started first grade in the community school system, and she and her mother had lived in one of the apartment units on the first floor of the […]