Bullying is a persistent and ever growing problem throughout the schools in our nation, including schools in Massachusetts. While generally bullying is thought of as causing emotional harm, it often results in physical harm as well. Parents may be unsure who should be held accountable when their child suffers a…
Under the Massachusetts Workers’ Compensation Act (the Act) an individual who suffers a workplace injury is entitled to benefits. While obtaining benefits due to a covered injury is generally a relatively straightforward process, it can become complicated if your employer is unable to provide benefits. Generally, employers maintain insurance policies…
Generally speaking, a property owner does not have a duty to prevent dangerous or harmful acts of third parties. Under Massachusetts personal injury law there is an exception to the general rule, in that a property owner can be held liable for ignoring criminal activity it knew or should have…
Insurers can raise an “affirmative defense” during the proceedings related to a claim for Massachusetts workers’ compensation benefits. One such defense is allowed by the Worker’s Compensation Act, which prevents someone from receiving benefits when they’ve rejected treatment that can lessen her or his suffering through reasonable remedies and operations…
The Commonwealth’s Supreme Court reviewed a new issue recently in a Massachusetts wrongful death law suit. The legal question was whether a pharmacy was required by law to notify the prescribing physician after the patient’s health insurer advises the pharmacy that it needs a “prior authorization form” filled out by the…
The owner and manager of an apartment building attempted to extend the umbrella of immunity under the Tort Claims Act, G.L. c. 258 Sec. 2 to avoid liability for a serious injury Massachusetts slip and fall accident. A resident of a public housing development fell while descending the stairs in his apartment…
A Massachusetts car accident resulted in an estate filing suit against a convenience store chain after a speeding driver ran into the deceased as he crashed into the front of the store. The deceased’s husband and executor alleged the company had experienced several front-of-store “car strikes” and knew of the risks…
Lawsuits against government entities used to be very difficult to pursue. For a long time, government entities were protected by sovereign immunity, a doctrine founded on the idea the “king” could not be bothered with litigation. Eventually, the Commonwealth’s legislature changed the reliance on this precedent by enacting the Tort…
The Massachusetts Appeals Court affirmed a verdict holding the son and power of attorney of the decedent accountable for a million dollars after he removed his father’s girlfriend as the beneficiary of several accounts. The long-time girlfriend of 38 years and the defendant son were to both benefit from the division…
Massachusetts workers’ compensation is available to employees of businesses who are injured while performing duties for the employer in the scope of their employment. Whether or not benefits are issued to an injured person hinges on whether the injured person is considered to be an employee. The Massachusetts Supreme Court…