People injured in car accidents will often pursue damages from the party responsible for causing the accident via a personal injury lawsuit. When the defendant in a case arising out of a collision is a person, the process of proving liability is relatively straightforward, but when the responsible party is…
Typically, discovery is conducted after a plaintiff files a lawsuit. In some cases, though, a plaintiff who does not have enough information to adequately institute claims against a defendant may file a complaint for discovery. This will allow the plaintiff to obtain the evidence needed to determine whether there is…
While most negligence cases are ultimately resolved based upon the merits of the plaintiff’s claims, some cases are dismissed on procedural grounds. Even if a person’s claims are dismissed due to the failure to comply with the statutory rules, however, relief may be available via a motion to vacate in…
It is not uncommon for a business to hire a company to clean and perform maintenance on the business premises. In such instances, a dispute may arise as to which party is liable if a person subsequently suffers injuries in a slip and fall accident caused by an improperly cleaned…
Many students find college challenging and struggle to adapt and succeed. Tragically, some students feel as if they are unable to go on and ultimately die due to suicide. Whether a school that is aware of a student’s mental health struggles can be deemed liable for the student’s death by…
Under Massachusetts law, entities that offer means of transportation to the public are known as common carriers. In addition to the general duty of reasonable care imposed on most companies and individuals, the law imposes a duty on common carriers to provide safe transportation for their passengers. As such, if…
Organized sports often involve some degree of risk of bodily harm. Thus, acts that under normal circumstances may constitute tortious behavior will be deemed acceptable, and people who engage in such activities are typically deemed to waive the right to pursue damages for injuries. There are some exceptions, though, as…
It is well-established under the law that a plaintiff has the right to choose the forum in which to file a personal injury case. Thus, a court in the jurisdiction where the plaintiff files a case will usually determine the ultimate issues of the matter. In some instances, though, a…
In addition to the obligation to act with reasonable care imposed on most parties in Massachusetts, parties that own or operate commercial trucks must comply with the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). Thus, a person injured by a careless commercial truck driver may be…
While typically, people can be held liable for causing bodily harm to another individual, when the person who causes an injury is employed by a public employer, such as a city, recovering damages can be complicated. Specifically, the Massachusetts Tort Claims Act (MTCA) protects public corporations from liability in many…