Cape Cod Injury Lawyer Blog

Trial judges can sometimes reach different outcomes in cases involving similar issues, such as those involving workers’ compensation disputes and subrogation liens filed by insurance companies. In a recent case, the state’s highest court was faced with two cases in which trial judges had rendered very different decisions in cases involving basically the same issue.…

A recent jury verdict returned in a medical negligence case tried in the Hampden Superior Court is making headlines across the state. According to media reports, the family of a girl, now 11, who was allegedly injured due to negligent medical treatment during her birth, sued six doctors who were involved in the mother’s obstetrical…

If it seems as if there have been considerably more recalls, fines, and product safety alerts than usual as of late, it is not your imagination. In all, some 973 vehicle, equipment, child safety seat, and tire recalls were issued in 2015, affecting 87,596,264 products. Now, the United States Department of Transportation has launched a…

The United States Supreme Court has two basic types of jurisdiction: original and appellate. “Original jurisdiction” refers to cases over which the Court may hold a trial and render a judgment based upon the facts and the law. By contrast, “appellate jurisdiction” is the power of a court to review and, if warranted, revise decisions…

The 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…

In November, we told you about accusations – and a civil lawsuit – against national restaurant chain Chipotle Mexican Grill. Since then, the number of customers allegedly sickened after consuming food in the restaurants has climbed significantly, with a number of Massachusetts consumers (including dozens of Boston College students) now included in the total. Now,…

In the civil court system, a case begins with the plaintiff filing a lawsuit against the defendant(s), setting forth the various claims under which the plaintiff seeks relief. As the case progresses, each side is afforded an opportunity to discover information about the strengths and weaknesses of the other’s case and, if desired, take depositions…

Under Massachusetts law, a competent adult has a legal right to forgo medical treatment if he or she so chooses. Of course, being able to exercise this right necessitates that a patient have knowledge of the options of treatment available to him or her, as well as the potential risks of each. A physician’s failure…

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…

As many as 15 million Americans suffer from food allergies or sensitivities to certain food products, such as tree nuts, peanuts, and gluten. For such consumers, exposure to certain allergens can cause reactions as mild as a headache and as severe as anaphylaxis. This is one of many reasons why the correct labeling of food…