In Massachusetts, when a person injured at work seeks workers’ compensation benefits, he or she must prove the elements of his or her claim, which includes establishing that his or her injury was caused by a work-related incident. Recently, the Appeals Court of Massachusetts discussed whether an administrative judge is…
Massachusetts Injury Lawyers Blog
Court Analyzes Liability Under the Massachusetts Tort Claims Act
In Massachusetts, government entities and agencies can be held liable for negligence under the Massachusetts Tort Claims Act (Act). There are certain exceptions to the Act, however, that insulate municipalities and public employees from liability. A Massachusetts appellate court recently discussed when a municipality may be held liable for harm…
Massachusetts Court Discusses Jurisdiction Over Non-Resident Defendants
If a person is harmed by a defective product, he or she can pursue a claim for damages from the manufacturer of the product. Even if you can prove a product is defective, however, you prove that the court can validly exercise jurisdiction over the manufacturer to recover compensation. The…
Court Discusses Jurisdiction Under the Massachusetts Long-Arm Statute
The law affords injured individuals the right to pursue claims against the person or entity that caused their harm, in a jurisdiction of their choosing. While in many cases a plaintiff’s jurisdictional choice will remain undisturbed, a plaintiff does not have an absolute right to dictate where an action will…
Court Discusses Constructive Notice in Massachusetts Slip and Fall Cases
Under Massachusetts law, property owners owe a duty to anyone that legally enters the property to maintain the property in a safe condition. When a property owner fails to comply with its duty and allows foreign objects to remain on the floor, it may cause a slip and fall accident.…
Court Explains Massachusetts Exception to Duty to Maintain a Safe Property
In Massachusetts, business owners generally have an obligation to make their premises safe for visitors and can be held liable for any injuries caused by a dangerous condition on the property. There are some exceptions to the general rule, however, that permit business owners to avoid liability even if a…
Court Analyzes Relevance of Alcoholism in a Residual Functional Capacity Evaluation
In evaluating a person’s claim for Social Security Disability Insurance (SSDI) benefits, the Social Security Administration must engage in a multiple-step process to determine if a person is disabled, and if so, whether the person has a residual functional capacity to obtain gainful employment. Recently, the United States District Court…
Massachusetts Court Discusses Immunity Under the Recreational Use Statute
In Massachusetts, property owners are expected to maintain their property in a relatively safe condition. The duties imposed on property owners apply regardless of whether the owner is an individual or business. Even if the injured party can prove he or she was injured on a person or entity’s property,…
Massachusetts Court Discusses Negligence Versus Malpractice Claims Against Nursing Homes
Many people entrust the care of their loved ones to a nursing home. Unfortunately, many nursing homes provide inadequate care resulting in nursing injuries and illnesses to nursing home residents. While nursing homes and their medical staff can be held liable for providing negligent care, it is important for anyone…
Massachusetts Court Discusses Retail Store Liability for Dangerous Conditions
There are drug stores throughout Massachusetts that people visit regularly to fill their prescriptions and purchase health and grooming implements. Drug stores are like any other retail establishment, in that they have a duty to make sure their premises are reasonably safe for any customers shopping in the store. The…