When a person is injured by a national corporation, pursuing damages against the corporation can be complicated. For example, the injured person must show that the court can exercise jurisdiction over the corporation and that the corporation can be held liable under the claims asserted, otherwise the injured person’s claims…
In Massachusetts, the duty a property owner owes to visitors of the property depends in part on the status of the visitor. For example, property owners owe a minimal duty to trespassers as opposed to those lawfully permitted to enter the property. There is an exception for child trespassers, however,…
Car accidents are common in Massachusetts, and people involved in car accidents often sustain injuries and property damage. Thus, in many cases, a person who incurs damages due to a car accident will pursue claims against one of the drivers involved in the accident. There are numerous categories of damages…
In Massachusetts, property owners generally have a duty to maintain their property in a reasonably safe condition for any lawful visitors. There are exceptions to the general rule, however, such as when the harm presented by a dangerous condition is open and obvious. Recently, the Appeals Court of Massachusetts discussed…
Under Massachusetts law, even if a party obtains a successful verdict at trial, the other side has the right to appeal. As with all civil pleadings, however, if a party fails to file a notice of appeal within the time required by law, it may result in a dismissal of…
When a person dies in a truck accident, the person’s loved ones will often pursue a wrongful death claim against the party that caused the crash. As commercial truck drivers have duties and obligations that go beyond the understanding of the average layperson, in many truck accident cases, the parties…
In most instances, when a person suffers harm because of another party’s negligence, the victim may pursue damages. In certain cases, however, regardless of whether a party acted negligently, the injured person may not be able to recover compensation because the negligent party is immune from liability. For example, under…
Under Massachusetts law, if a person is injured in the course of his or her employment during an activity that arises out of his or her job, the person may be able to recover workers’ compensation benefits. Thus, if a person is injured traveling for his or her job, the…
Pharmacists owe a duty to their customers to ensure that prescriptions are accurately filled and that any relevant health information, such as allergies, is considered prior to dispensing medication. If a pharmacist negligently fails to heed a warning in a customer’s health history that a certain medication is contraindicated, and…
Property owners have a duty to keep their property reasonably safe for those that enter the property, and they can be held liable for harm caused when they breach their duty. While the majority of premises liability claims arise out of slip and fall accidents, a property owner can be…