Under Massachusetts law, medical malpractice lawsuits are subject to both a statute of limitations and a statute of repose. The statute of limitations controls the time during which a claim may be filed after an action accrues, but the statute of repose allows a set amount of additional time in certain instances, including when the…
Continue reading ›In order to obtain a jury verdict in a negligence case, including a case arising from an accident at an amusement park, fair, or carnival, the plaintiff must prove not only that the defendant owed him or her a duty of care and breached that duty, but also that the defendant’s breach of duty was…
Continue reading ›The existence of a pre-existing condition can be an important factor in a workers’ compensation case, but a pre-existing condition, in and of itself, does not necessarily mean that the matter will be resolved in the employer’s favor. Under Massachusetts law, the work injury does not have to be the predominant cause of the injury…
Continue reading ›Landowners and business operators have certain legal duties to those who come onto their property for business purposes. This includes the duty to maintain the property in a reasonably safe condition. However, those who enter another party’s property unlawfully are not necessarily owed the same duty of care. While the landowner does not have the…
Continue reading ›The Massachusetts wrongful death statute provides a legal remedy for those whose loved ones have died due to the negligent, willful, wanton, or reckless behavior of a person or business. If a plaintiff is successful in a wrongful death case, he or she may be entitled to damages, such as the funeral and burial expenses…
Continue reading ›A recent court decision focused on the Ortho Evra patch, a birth control option that prevents pregnancy by transferring synthetic hormones through the wearer’s skin. While arguably more convenient than other forms of birth control, the patch is not without risks, including death. In the case of Niedner v. Ortho-McNeil Pharmaceutical, Inc., the plaintiff was…
Continue reading ›In order to adjudicate a claim, a court must have subject matter jurisdiction, personal jurisdiction, and venue. If subject matter jurisdiction is not present, the only remedy is dismissal of the case because the court lacks the authority to hear the case. With regard to personal jurisdiction and venue, however, there is also the possibility…
Continue reading ›There are many ways in which a product can be deemed defective. Sometimes, only a single defective product results from a manufacturing error. In other words, something went wrong during the process of making the product. In other cases, all of the products in a particular line are found to be defective due to a…
Continue reading ›About a year ago, we shared with you a Massachusetts Court of Appeals decision in a malpractice case in which the issue was whether or not suit had been filed within the three-year statute of limitations set forth under Massachusetts law. The intermediate appellate court decided that the case was timely filed under the continuing…
Continue reading ›Releases and waivers of liability are so commonplace these days that many people sign them without even stopping to consider the consequences. Perhaps they even doubt that such agreements will hold up in court if an accident does happen. The truth is that a release or waiver is an important legal document that has the…
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