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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, who are owed greater protection from harm. Recently, the Appeals Court of Massachusetts, Essex, discussed what duties property owners owe child trespassers, in a case in which a child was harmed after unlawfully entering a property. If you or your child were injured on another person’s property it is prudent to meet with a seasoned Massachusetts personal injury attorney as soon as possible to discuss your potential causes of action.

Facts of the Case and Procedural Background

Reportedly, the defendant owned an apartment complex that abutted railroad tracks. A fence separated the defendant’s property from the tracks, but there were large gaps and holes in the fence that adults and children used to pass through the property. The plaintiff alleged the defendant was aware that people used the holes and gaps in the fence to access the adjacent property but did not repair the fence.

It is alleged that the plaintiff, a thirteen-year-old girl, walked through the fence and over the railroad tracks with a friend to go to a nearby plaza to go shopping. On the way back from their shopping trip, the friend was struck by a train. The plaintiff attempted to perform CPR on the friend, but the friend died from her injuries.

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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 a person can recover following a car accident, including damages for pain and suffering. Recently, the Appeals Court of Massachusetts discussed what a plaintiff must prove to recover damages for pain and suffering following a car accident, under Massachusetts law. If you suffered harm due to a car accident, it is advisable to speak with a diligent Massachusetts personal injury attorney regarding what damages you may be able to recover from the party that caused your harm.

Factual and Procedural Background of the Case

Allegedly, the plaintiff was riding as a passenger in a vehicle owned by a Vermont resident, when they were involved in an accident with a driver from Massachusetts. The plaintiff reportedly sustained injuries in the accident and subsequently asserted claims against the Massachusetts driver, the Vermont driver, the insurance company of each driver, and his own insurance company. Subsequently, each of the plaintiff’s claims was dismissed,with the exception of the negligence claims against each driver. A jury found that the Massachusetts driver was negligent but that her negligence was not the cause of the plaintiff’s alleged harm and, therefore, entered judgment on her behalf. The plaintiff appealed.

Recovering Damages for Pain and Suffering Following a Car Accident

On appeal, the court noted that during the trial, the plaintiff expressed that he was only seeking damages for pain and suffering from the Massachusetts driver. As such, he was required to prove his injuries met one of the enumerated threshold requirements set forth under Massachusetts law. Specifically, in Massachusetts, a plaintiff can only recover damages for pain and suffering in a lawsuit arising out of a motor vehicle collision in certain circumstances, which includes when the plaintiff’s medical expenses exceed $2,000.00.

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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 the open and obvious exception to a property owners’ duty to warn of hazardous conditions, in a case in which a child was injured while using a zip line. If you or your child were injured on someone else’s property, it is wise to meet with a seasoned Massachusetts personal injury attorney to discuss what you must prove to establish liability.

Factual Background

Allegedly, the older brother of the minor plaintiff spent the night at the home of the defendants. The next day, the minor plaintiff, who was six years old, accompanied his father to the home of the defendants to pick up his brother. When they arrived at the defendants’ home, the minor plaintiff noted a zip line in the backyard.

Reportedly, the minor plaintiff asked his father if he could use the zip line. The father lifted the minor plaintiff onto the zip line and guided him for a few feet and then let him go. The minor plaintiff fell shortly after that, sustaining multiple fractures. The minor plaintiff’s mother instituted a negligence claim against the defendants on behalf of the minor plaintiff, arguing that the zip line was unreasonably dangerous. The defendants filed a motion for summary judgment, which the trial court granted. The plaintiffs appealed. On appeal, the court affirmed.

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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 the appeal. In a recent personal injury case decided by the Appeals Court of Massachusetts, the court explained what constitutes excusable neglect that would permit a party to file a late notice of appeal. If you suffered personal injuries due to someone else’s negligence, it is in your best interest to meet with a Massachusetts personal injury attorney adept at helping injured parties recover compensation to discuss your case.

Factual and Procedural History of the Case

It is alleged that the plaintiff suffered hip injuries while working at a site owned by the defendant.  He subsequently filed a personal injury lawsuit against the defendant. A jury found in favor of the plaintiff, and the defendant filed a motion for a new trial. The court denied the motion. Pursuant to the rules of appellate procedure, the defendant had thirty days to file a notice of appeal. The defendant did not file a notice, however, until eight days after the deadline had passed. The court permitted the late notice of appeal, after which the plaintiff appealed the order allowing late notice.

Excusable Neglect Permitting Late Filing

Pursuant to the Massachusetts Rules of Appellate Procedure, a party appealing a civil case is required to file a notice of appeal within thirty days of when the court enters a judgment or order denying a motion for a new trial. If a party misses this deadline, the court can only permit a motion for leave to file a late notice of an appeal if the party demonstrates excusable neglect. Excusable neglect is only meant to apply in extraordinary or unique circumstances, and not merely a delay caused by everyday oversight. Rather, excusable neglect should only be a valid explanation when it is required to remedy emergency situations.

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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 will rely on experts to offer testimony regarding whether the truck driver breached the duty of care. There are limits as to what an expert can testify to, however, and as shown in a recent wrongful death case decided by a Massachusetts appellate court, if the expert exceeds his or her permitted scope, his or her testimony may be stricken. If you lost a loved one due to someone else’s negligence, you should consult a skilled Massachusetts personal injury attorney to discuss what damages you may be able to recover.

Factual and Procedural Background of the Case

It is reported that the plaintiff’s decedent was riding a motorcycle when he was struck by a commercial truck entering the roadway. The truck was driven by the defendant driver and owned by the defendant trucking company. The decedent ultimately died from his injuries, and the personal representative of his estate filed a wrongful death suit against the defendants. Following a trial, a jury found in favor of the defendant. The plaintiff subsequently moved for a new trial, arguing, in part, that the trial court erred in excluding portions of the plaintiff’s expert’s testimony.

Permissible Scope of Expert Testimony

In Massachusetts, a trial court judge has ample discretion regarding what expert testimony he or she admits. Thus, an abuse of discretion will only be found in cases in which, after considering any relevant factors, the judge’s decision is beyond the range of reasonable alternatives and constitutes a clear abuse of discretion.

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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 the Massachusetts Tort Claims Act (the Act), public employers are exempt from liability in certain circumstances. Recently, the Appeals Court of Massachusetts analyzed whether the Act protects a public employer from liability for inadequate staffing, in a case arising out of a train accident. If you were injured due to the negligence of a person or entity, it is prudent to meet with a capable Massachusetts personal injury attorney regarding your potential claims.

The Plaintiff’s Harm

It is alleged that the plaintiff fell off a platform at a train station. A train owned by the defendant transportation authority subsequently struck the plaintiff, and he suffered serious injuries. The plaintiff then filed a lawsuit against the defendant, arguing in part that the defendant negligently failed to staff the station with a customer service agent or a safety inspector on the day of the plaintiff’s accident. The defendant filed a motion for summary judgment, arguing that it was immune from liability under the Act. The court denied the motion, and the defendant appealed.

Public Employer Immunity Under the Act

Under the Act, a public employer is immune from all claims that arise out of the performance or exercise of a discretionary duty or function, or the failure to exercise such a duty or function. In the subject case, the plaintiff did not dispute the fact that the defendant was a public employer as defined by the Act. Thus, the issue analyzed by the court was whether it was within the defendant’s discretion to determine which course of conduct to undertake and, if so, whether it was the kind of discretion for which the Act provided immunity. The court stated that if a regulation, statute, or established practice dictates a party must take a certain course of action, a defendant’s behavior will not be protected by the discretionary function exception of the Act.

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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 person can file a workers’ compensation claim. Recently, the Appeals Court of Massachusetts, Suffolk, analyzed when traveling constitutes an act taken in furtherance of a business so as to warrant workers’ compensation benefits for injuries sustained during travel, in a case in which the court denied benefits to the estate of a worker who died while traveling. If you were injured while traveling for work, you should meet with a capable Massachusetts workers’ compensation attorney to discuss whether your employer may owe you workers’ compensation benefits.

Facts Regarding the Decedent’s Harm

It is alleged that the decedent, who was the principal of a family-owned business, died in a car accident in February 2014. The decedent’s widow subsequently filed a claim for workers’ compensation benefits. An administrative judge determined that the decedent was not killed during a trip that was undertaken in the furtherance of his company’s business and denied the decedent’s wife’s claim. The review board affirmed, after which the decedent’s wife appealed.

When Travel is a Work-Related Activity

The Massachusetts workers’ compensation acts covers injuries that arise out of work and occur in the course of work. Additionally, injuries suffered while traveling for the business affairs of an employer, that arise out of an ordinary risk of traveling are covered as well. In determining whether the risk of the trip was a personal risk or a risk of the employment, the court must assess whether the employment caused the employee to embark on the journey, or whether the trip was undertaken for other reasons. Continue reading →

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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 dispenses the medication to the customer regardless, the pharmacy may be liable for any harm the customer suffers. The customer must prove that the harm was the result of the pharmacist’s negligence, however, and as shown in a recent case, if the customer fails to do so his or her claim may be dismissed. If you sustained harm because of a pharmacist’s negligence you should speak with a skillful Massachusetts personal injury attorney regarding what you must prove to recover compensation for your injuries.

Factual Background of the Case

Reportedly, the plaintiff visited his physician due to a head cold. He was prescribed a quinolone antibiotic, which he took to the defendant drugstore to have filed. Although there was nothing in the prescribing physician’s records indicating the plaintiff had a quinoline allergy, there was a “hardstop” warning in the defendant pharmacist’s database that the plaintiff was allergic to quinolones. Upon investigation, however, the pharmacist on duty found notes stating that plaintiff had previously been prescribed quinolines and that he denied having a quinoline allergy on numerous occasions. As such, the pharmacist decided to dispense the antibiotic to the plaintiff.

It is alleged that the plaintiff ultimately suffered an allergic reaction to the drug. Additionally, he alleged in caused him to suffer Stevens-Johnson Syndrome, a serious skin disorder. The plaintiff filed a complaint against the pharmacy alleging, claims of negligence, product liability, and unfair trade practices. The defendant filed a motion for summary judgment, and a motion to preclude the plaintiff’s expert from testifying. The court granted the defendant’s motion and the plaintiff appealed.

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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 held liable for other dangerous conditions that cause a person harm. There are limits to the liability, however, as discussed in a recent case ruled on by the Appeals Court of Massachusetts, Suffolk, in a case in which a shooting victim brought a premises liability claim against the operators of the housing development where the shooting occurred. If you were injured on another person’s property it is prudent to meet with a seasoned Massachusetts personal injury attorney to discuss the facts out of which your harm arose and whether you may be able to recover damages.

Facts of the Case

It is alleged that the plaintiff’s decedent was standing on a public sidewalk when she was shot in a drive-by shooting. The decedent was paralyzed as a result of the shooting and ultimately died from her injuries. The plaintiff, decedent’s estate, filed a lawsuit against the defendants, who were the entities that owned the housing development that was adjacent to where the victim was shot. The lawsuit alleged that the defendants negligently failed to provide adequate security in the area and failed to warn the decedent of the dangers present in that area. The defendants filed a motion for summary judgment which the trial court granted. The plaintiff appealed.

A Property Owner’s Duty to Prevent Harm

In order to succeed on a negligence claim in Massachusetts, the plaintiff must first establish the existence of a duty. whether a duty exists is a question of law, resolved by referring to prevailing social values and customs and public policy. The duty imposed on property owners is the duty of reasonable care towards all people who are lawfully on the premises. In some cases, the duty can extend to protecting people lawfully on the property from criminal acts of third parties. A landowner only has a duty to protect a person from the criminal acts of other people if there is a special relationship between the landowner and the person.

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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 required to adopt the opinion of an impartial medical expert with regard to causation, in a case in which the claimant appealed the denial of his request for benefits. If you sustained work-related injuries, you may be entitled to workers’ compensation benefits and should speak with a skilled Massachusetts workers’ compensation attorney regarding what evidence you must produce to recover damages.

Facts Regarding the Claimant’s Injury

Reportedly, the claimant injured his hip and back when slipped on wet plywood while employed as a laborer for a roofing company. He stated he slid down the roof but did not fall off, due to a safety harness. He continued to work the remainder of the day, passing shingles to other workers. He was twenty-six years old at the time of the incident. Two days after the incident, the claimant accepted an offer from the roofing company to shovel snow and subsequently shoveled snow throughout the winter.

Allegedly, the claimant began experiencing back pain shortly after the incident but did not seek treatment for over a month. He subsequently stopped working five months after the incident and filed a workers’ compensation claim against the roofing company, and because the roofing company was not fully insured, against the workers’ compensation trust fund. The claimant was denied benefits, after which he presented his claims to an administrative judge.

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