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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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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 caused by negligent acts, in a case in which a bystander was injured during a police investigation. If you were injured by a person working for a government entity or municipality it is essential to speak with a knowledgeable Massachusetts personal injury attorney regarding the facts surrounding your harm and what damages you may be able to pursue.

Factual Background of the Case

It is reported that the plaintiff was having a conversation on the sidewalk with her sister and her sister’s boyfriend, when they were approached by three police officers. The officers were responding to a 911 call made by the plaintiff’s sister, due to a domestic dispute with the boyfriend. One of the officers grabbed the boyfriend from behind and began to conduct a pat down and frisk the boyfriend. The boyfriend pulled a gun out of his pants and began shooting at the officers. The officers returned gunfire and subsequently fatally shot the boyfriend. During the exchange of gunfire, the plaintiff was shot in the leg by the boyfriend.

Reportedly, the plaintiff sued the defendant city, alleging a claim of negligence. The case proceeded to trial. Following the close of the plaintiff’s case, the defendant moved for a directed verdict. The trial court denied the defendant’s motion. At the close of the evidence the defendant renewed its motion, which was again denied. The jury awarded the plaintiff $253,391.73, which was reduced to $100,000 pursuant to the Act. The defendant then filed a motion for a judgment notwithstanding the verdict, which the court denied. The defendant appealed. Continue reading →

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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 United States District Court for the District of Massachusetts recently discussed the requirements for exercising jurisdiction over a non-resident company, in a case in which the plaintiff was allegedly injured at work by a defective container. If you suffered harm due to a defective product you should meet with a skilled Massachusetts personal injury attorney to discuss what damages you may be able to pursue.

Factual and Procedural Background

Reportedly, the plaintiff, who lives in Massachusetts, worked at a chemical manufacturing company owned by the defendant employer. In January 2016, while the plaintiff was working, a defective container exploded, causing a fire. The plaintiff suffered severe injuries as a result of the explosion. He subsequently filed a workers’ compensation claim, and then filed a lawsuit against numerous defendants, including the manufacturer of the defective container. The defendant manufacturer moved the case to federal court, and then filed a motion to dismiss due to lack of personal jurisdiction. Upon review, the court granted the motion.

Exercising Jurisdiction Over Nonresident Companies

Under Massachusetts law, when personal jurisdiction is called into question the plaintiff bears the burden of proving a court’s exercise of personal jurisdiction is valid. In assessing whether personal jurisdiction can be exercised over a non-resident company a court must determine whether the exercise of jurisdiction comports with the Massachusetts long-arm statute and with the Due Process Clause of the United States Constitution.

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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 be heard. Rather, in cases where the defendant argues that jurisdiction is improper, the plaintiff must establish that the court can validly exercise personal jurisdiction over a defendant. Recently that United States District Court for the District of Massachusetts analyzed whether jurisdiction over an out of state defendant was proper under the Massachusetts long-arm statute, in a case in which the defendant was an out of state corporation. If you were injured by a company that is based in another state, you should consult a seasoned Massachusetts personal injury attorney to discuss the appropriate manner in which to pursue damages for your harm.

Facts of the Accident

It is alleged that the plaintiff, who is a resident of Massachusetts, was vacationing in Florida, at a resort owned by the defendant, when she was injured in a scooter accident. The defendant does not own or lease any property in Massachusetts or have any offices or employees in Massachusetts and is not registered as a foreign corporation in Massachusetts. The plaintiff then filed a lawsuit against the defendant in the United States District Court for the District of Massachusetts. The defendant moved to dismiss the plaintiff’s complaint, arguing the court lacked personal jurisdiction over the defendant. The court granted the defendant’s motion, and the plaintiff appealed.

Massachusetts Long-Arm Statute

The Massachusetts long-arm statute, Mass. Gen. L. c. 223A, § 3, permits a court to exercise personal jurisdiction over a person or company who directly or indirectly conducts business in Massachusetts if the alleged cause of action arises out of the business conducted in Massachusetts. The first prong of the long-arm statute can be met by showing the defendant engaged in the purposeful solicitation of business from the residents of Massachusetts, while the second prong requires a plaintiff to show that “but for” such solicitation, she or he would not have suffered harm.
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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. The Appeals Court of Massachusetts recently analyzed what evidence a person injured in a slip and fall accident caused by debris must produce to prove the property owner had constructive notice of the condition, in a case in which the plaintiff reportedly fell due to gum on a stairway. If you were injured in a slip and fall accident in Massachusetts you should meet with a proficient Massachusetts personal injury attorney to discuss what evidence you need to prove liability for your harm.

Facts of the Case

Reportedly, the plaintiff suffered injuries when she stepped on chewing gum and fell down a flight of stairs in the defendant’s building. She described the gum, which was stuck to the bottom of her shoe, as gray, black, and dirty. She subsequently filed a lawsuit against the defendant, alleging the defendant negligently failed to clean, inspect, and maintain the stairway. The defendant filed a motion for summary judgment, which the court granted. The plaintiff then appealed.

Constructive Notice Under Massachusetts Law

Under Massachusetts law, it is well established that a property owner is liable for injuries sustained on its property if the property owner knew or should know of conditions on the property that create an unreasonable risk of harm, and that invitees will either not discover the condition, but fails to protect invitees from the condition despite this knowledge. In cases involving slip and falls, the first element is met if the property owner caused the foreign substance to be on the floor, had actual knowledge of its presence, or if the substance had been on the floor so long that the property owner should have constructive notice of its existence.
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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 person is injured in an accident caused by an unsafe condition on the business’s property. The United States Court of Appeals, First Circuit recently discussed one of these exceptions, in a case in which it found the business owner was not liable for a contractor’s harm, where the harm was caused by the condition the contractor was hired to remedy. If you were injured in an accident while you were visiting a business, it is prudent to meet with a trusted Massachusetts personal injury attorney to discuss whether you may be able to recover damages for your harm from the business owner.

Factual Scenario

It is alleged that the plaintiff worked for a cleaning company that was hired by the defendant car dealership to clean the dealership. The contract between the defendant and the cleaning company specified that the cleaning company was required to scrub all the service floors six times a week with a degreasing product. On the day of the alleged incident, the plaintiff was working at the defendant dealership. At one point, he walked around a pallet when he lost his balance and fell.

Reportedly, after the plaintiff fell, he observed an accumulation of oil on the floor by the pallet. After the fall, he continued to clean the dealership floors, including the area where he fell. It was ultimately revealed that the plaintiff suffered a significant knee injury in the fall. He subsequently filed a lawsuit against the defendant, asserting claims of negligence and failure to warn. The defendant filed a motion for summary judgment, arguing that the condition was open and obvious. The court granted the defendant’s motion, noting that there is no duty to protect a plaintiff from a danger that the plaintiff was hired to cure. The plaintiff appealed.

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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 for the District of Massachusetts analyzed whether evidence of alcoholism should be considered in evaluating a person’s residual functional capacity in a claim for SSDI benefits. If you are unable to work due to a disability, you should meet with a skilled Massachusetts social security disability attorney to discuss your eligibility for SSDI benefits.

Facts Regarding the Plaintiff’s Health

It is reported that the claimant had a history of chronic alcohol abuse. From 2009 through 2012, she presented to the emergency room on several occasions for treatment due to alcohol withdrawal and underwent in-patient alcohol treatment numerous times. During each visit to the hospital and admission for alcohol treatment, the claimant’s mood and mental status were assessed, and it was routinely noted that she suffered from varying degrees of anxiety.

Allegedly, the claimant began treating with a psychiatrist in 2015, and was diagnosed with anxiety and depression. In October 2015, the claimant filed an application for SSDI benefits, alleging that she was unable to work since May 2008 due to her anxiety and depression. Her claim was denied, and she exhausted her administrative remedies. Thus, the claimant’s appeal was heard by the district court. Continue reading →

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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, however, the injured party may be denied damages if an exception to the general rule applies. For example, as discussed in a recent case decided by the Appeals Court of Massachusetts, under certain circumstances a property owner that permits people to use its property for recreational purposes can avoid liability. If you suffered injuries in a recreational facility it is prudent to meet with a skillful Massachusetts personal injury attorney to discuss the circumstances under which you were injured and your potential claims for pursuing damages.

Factual Background of the Plaintiff’s Harm

Allegedly, the plaintiff was at the defendant indoor sports facility, watching her son play dek hockey. When she was leaving the bleachers after the game, she fell and suffered a torn ligament in her knee. She sued the defendant, alleging that it negligently failed to properly secure the bleachers. The defendant filed a motion to dismiss, arguing that it was insulated from liability by G.L. c 21, § 17C, which is known as the recreational use statute. The trial court granted the defendant’s motion, dismissing the case. The plaintiff appealed.

Immunity Under the Recreational Use Statute

Under the recreational use statute, landowners are protected from liability for negligence claims brought by people who suffered injuries while using the land for recreational purposes with no charge. In the subject case, it was undisputed that the plaintiff did not pay a fee to use the defendant’s facilities. The plaintiff argued, however, that she paid an indirect fee for the use of the defendant facility, through payments made to her son’s dek hockey league to allow him to play in the defendant facility.

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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 seeking damages in a nursing home negligence lawsuit to retain an attorney who can identify the appropriate theory of liability, to avoid waiving the right to recover damages. This was demonstrated in a recent nursing home negligence case filed in the United States District Court for the District of Massachusetts, in which the court held that some of the plaintiff’s claims sounded in medical malpractice and must be dismissed due to the lack of an expert opinion. If your loved one sustained harm because of nursing home negligence, you should speak with a proficient Massachusetts personal injury attorney to explore your options for seeking damages.

Facts Regarding the Plaintiff’s Decedent’s Harm

Allegedly, the plaintiff’s decedent was a resident in the defendant nursing home. Prior to admission he was diagnosed with numerous chronic conditions, including dementia, and regularly suffered falls. He was noted to be a fall risk and to have a tendency to wander upon his admission. After the decedent was admitted to the defendant nursing home he began to fall regularly. The defendant developed fall precautions with regard to the decedent’s wheelchair, but he continued to fall. No other changes were made to prevent his falls.

Reportedly, approximately two years after the decedent was admitted to the defendant nursing home he fell and suffered a subdural hematoma. He died later that day. The plaintiff, the representative of the decedent’s estate, filed a lawsuit against the defendant, alleging claims of negligence and wanton, reckless and willful conduct. The defendant moved for summary judgment on the claim that it was negligent in failing to institute a fall intervention plan for the decedent prior to his death, on the grounds the claim was truly a medical malpractice claim and lacked sufficient expert support. Upon review, the court granted the motion. Continue reading →

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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 United States District Court for the District of Massachusetts recently addressed what a plaintiff must prove to recover damages following a slip and fall accident in a drug store. If you suffered injuries in a slip and fall accident in a retail store it is essential to consult a seasoned Massachusetts personal injury attorney to assess whether you may be able to seek compensation for your harm.

Factual Background of the Case

Reportedly, the plaintiff was shopping at the defendant drug store when she slipped and fell on a lip balm ball that was on the floor. She subsequently filed a lawsuit against the defendant, asserting a negligence claim. The defendant filed a motion for judgment on the pleadings, arguing that the plaintiff’s complaint failed to allege that the defendant owed plaintiff a duty or breached any duty owed. The plaintiff did not respond to the motion. The court subsequently granted the motion, dismissing the plaintiff’s claim.

Retail Store Liability for Plaintiff’s Harm

In Massachusetts, a retail store may be held liable for injuries suffered because of a dangerous condition on the premises that the store did not create, but only if the plaintiff can show that the store knew of or should have known of the dangerous condition, and that the condition posed an unreasonable risk of harm. Further, the plaintiff must show that the store could not reasonably have expected the plaintiff to discover the dangerous condition or protect himself or herself from harm and that the store failed to use reasonable care to protect the plaintiff.

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