Cape Cod Injury Lawyer Blog

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…

When someone is hurt because of a malfunctioning or dangerous product, he or she is entitled to seek damages via a product liability lawsuit. Possible defendants in such cases include the manufacturer that made the item, the distributor that shipped it, and the retailer that sold it. Most product liability cases involve allegations that there…

Medical malpractice lawsuits require an exhaustive review of a patient’s medical records to determine whether an error was made and, if so, whether that error caused harm to the patient. Initially, an expert witness renders an opinion on these issues. Next, a medical malpractice tribunal reviews the case to decide whether the patient has presented…

As evidenced by the steady stream of product recalls these days, there are a great many products on the market that have the potential to harm us. Products liability laws exist to protect those who are hurt by unreasonably dangerous or defective products. Unfortunately, asserting a claim for products liability against the maker, seller, or…

Medications are supposed to help, not hurt, those who take them. Unfortunately, this is not always so. In the case of Reckis v. Johnson & Johnson, the parents of a young girl gave her what they believed was a safe, over-the-counter medicine, but she almost died as a result. The Facts of the Case The…

Generally speaking, the federal government is responsible for bringing civil or criminal actions against those whom it believes have acted wrongfully in their interactions with the government. However, there are occasions when a private citizen can bring a lawsuit against an individual or company, in essence acting on the government’s behalf. This is called a…

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…

Because we handle many product liability cases, we understand that there are a lot more dangerous products on the market than there should be. Still, it would seem that things like ambulances, police vehicles, and hearses should be counted on to be defect-free. Sadly, this is not always the case. In the past year or…

Workplace injury cases can be complex. Depending upon the facts of the case, a person injured on the job may be entitled to benefits beyond those awarded by the Department of Industrial Accidents. Although there are limitations on the usual workers’ compensation benefits overseen by the Department, lawsuits against third parties who caused or contributed…

Last month, Massachusetts Senator Ed Markey’s office released a report entitled “Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk.” The report details the vulnerabilities that are becoming more and more commonplace as technology such as wireless data collection, navigation systems, safety monitoring tools, and remote access make their way into automobiles.…