With the warm summer months underway, many Massachusetts residents are flocking to the coastline and waterways to enjoy some of the state’s most popular recreational activities. Whether it is canoeing, swimming, boating, or something else, it is critical that people use caution at all times when engaging in their favorite…
Articles Posted in Personal Injury
Massachusetts Appellate Court Upholds Plaintiff’s Use of Attorney Affidavit in Dram Shop Fatality Case
Massachusetts is one of many states that have enacted a statute allowing accident victims to hold businesses liable for over-serving a patron who leaves the establishment and causes an accident. These statutes are frequently referred to as dram shop acts and provide a basis for recovery for personal injury as well…
Bay State Bike Week Raises Awareness about Massachusetts Bicycle Accident Safety
The infamous Bay State Bike Week took place in mid-May, calling upon bike enthusiasts throughout Massachusetts to organize hundreds of events statewide designed to promote bicycling as a form of exercise and travel as well as creating opportunities for cyclists to mingle. Cycling has a variety of benefits, including providing exercise,…
Massachusetts Nursing Home Resident Suffers Humiliation in Social Media Videos Posted by Aides
Nursing homes provide an important service, providing care and attention for elderly individuals. Unfortunately, there have been many reports and horror stories detailing the abuse, neglect, and horrible treatment that goes on in some of these facilities. A recent example of how some facilities fail to provide the care and…
Massachusetts Appeals Court Reverses Summary Judgment for Defense in Black Ice Slip and Fall Case
Massachusetts law allows a business guest, invitee, or visitor to sue a property owner for injuries that he or she sustains as a result of the property owner’s failure to maintain the premises in a reasonably safe condition. Property owners must also make reasonable repairs to their premises while providing visitors…
Massachusetts Appellate Court Upholds $5.9 Million Punitive Damages Award in Product Liability Action
There are many ways that product liability accidents can occur. Although people are familiar with cases involving motor vehicles, sporting goods, food contamination, and medical devices, countless product-related accidents occur on-the-job. In a recent action, a Massachusetts appellate court considered whether a supposedly defective product was to blame for a construction worker’s…
Massachusetts Appeals Court Holds Go-Cart Facility Not Entitled to Exemption Under Recreational Use Statute
In Amaral v. Seekonk Grand Prix Corp., a woman suffered injuries while observing her children operate go-carts at the defendant’s go-cart facility in Massachusetts. The injuries occurred when one of the drivers on the course lost control of the go-cart in which he or she was riding, and it crashed through…
Massachusetts Appellate Court Rules Emotional Distress Case can Proceed Against Expert Witness
In Harrison v. Roitman, a husband retained a psychiatrist to provide expert witness testimony regarding his wife’s psychiatric state during a highly confrontational divorce proceeding. The expert witness, however, never met the wife or conducted an examination of her, but instead he provided a written report to the presiding judge explaining that…
Massachusetts Legislature to Consider Multiple Bicyclist, Pedestrian, and Motorist Safety Bills
The Massachusetts legislature is set to consider a number of bills that would provide greater protections for bicyclists throughout the state. First, the Vulnerable Users Bill would impose a three-feet law on motorists when passing or operating a vehicle near a so-called “vulnerable user,” even if doing so would require the…
Massachusetts Appellate Court Dismisses Premises Liability Claim for Lack of Causation
In Stewart v. Five Bridge Inn, LLC, a woman suffered injuries while attending a wedding at an inn located in Massachusetts after suffering a fall. In particular, the woman experienced a broken tibia and fibula. The woman filed a premises liability complaint against the inn, alleging that an oddly shaped rock embedded…