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…
When an estate document has been created and executed, courts look at the document itself to determine the will of its creator. The great preference in case law is to stay within the “four corners” of the document, but there are occasions when extra evidence is allowed to be considered…
Generally, when a person with a disability applies for Supplemental Security Income, the Administrative Law Judge evaluating the individual’s claim will assess the evidence submitted by the claimant, including medical records and testimony. If the Judge relies on unsuitable evidence, though, it can result in an inappropriate decision and may…
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…
Defective products harm people throughout Massachusetts on a daily basis. Thus, many people file product liability lawsuits throughout the State to attempt to hold the companies that sell dangerous products accountable. In many instances, such lawsuits involve claims that assert violations of both state and federal law. In a recent…
It is not uncommon for doctors to use products like mesh or artificial joints when operating on patients. While these products should be safe, they often are not, and their defects can lead to significant injuries. People hurt by dangerous products can often recover damages from the manufacturers that developed…
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…
It is not uncommon for people to allow other individuals to drive their cars. For example, people typically allow their spouses to operate their vehicles. If the spouse then causes an accident, the spouse and the owner could potentially be deemed liable for any harm that ensues. As shown in…
Many people who cannot work are able to obtain social security benefits. A key element to eligibility for such benefits is a disability that prevents a person from being able to remain gainfully employed. Thus, people that cannot prove they are disabled will be denied benefits. Recently, a Massachusetts court…