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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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Slip and fall accidents are one of the most common causes of personal injury. When a person is injured in a slip and fall accident at a business, the person may be able to recover compensation from the business owner for any harm the person suffered. To successfully prove the business owner should be held liable, however, the injured party must prove that a dangerous condition caused the fall, and the business owner knew or should have known of the condition. A Massachusetts appellate court recently analyzed what constitutes sufficient evidence to prove a business owner should have had notice of a dangerous condition in a slip and fall case. If you were recently injured in a slip and fall accident it is essential to retain a trusted Massachusetts personal injury attorney to represent you in your pursuit of damages from the business owner.

The Slip and Fall Accident

Allegedly, the plaintiff and her daughter stopped at a fast food restaurant on August 14, 2014. It was raining heavily that day, and the plaintiff and her daughter parked by the front entrance of the restaurant. The plaintiff was holding her daughter’s hand and entered the restaurant via the front door, walking in front of her daughter. As soon as she entered the restaurant, the plaintiff’s right leg flew forward, and she fell onto her left knee. She then noticed there was water everywhere and the water had pooled in a three to four-foot puddle on the floor. While there was a mat and yellow cone by the side entrance, the plaintiff stated that there were none by the front entrance.

It is reported that the plaintiff filed a negligence claim against the defendant restaurant. The case proceeded to a bench trial, during which the defendant filed a motion for involuntary dismissal pursuant to Mass. R. Civ. P. 41(b)(2) which the court denied. The court ultimately found in favor of the plaintiff, after which the defendant appealed. On appeal, the defendant did not dispute that the plaintiff suffered injuries but argued that as the plaintiff did not produce evidence as to how long the water had been on the floor, she failed to establish that the defendant should have known of the water.

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Workplace injuries not only cause physical harm, they often inhibit a person’s ability to earn an income as well. Most employers carry workers’ compensation insurance, however, which provide wage loss benefits to employees injured in the workplace in certain instances. As recently explained by the Appeals Court of Massachusetts, however, wage loss benefits are meant to replace income lost due to a workplace injury and an injured employee will not be eligible for such benefits if he or she is able to earn more than he or she earned prior to the injury. If you suffered a workplace injury and can no longer earn an income, it is critical to retain a knowledgeable Massachusetts workers’ compensation attorney to help you pursue any benefits you may be owed.

The Claimant’s Injury and Workers’ Compensation Claim

It is reported that the claimant suffered a work-related injury in January 2013. He underwent physical therapy, after which he attempted to return to work but claimed that he was unable to perform the functions of the job. The employer’s workers’ compensation insurer paid the employee total incapacity benefits initially but filed a request to discontinue the benefits. Subsequently, in July 2015, an administrative judge granted the insurer’s request. The judge found that the claimant was partially disabled but was able to return to light duty work at least three-quarters of the hours he previously worked. Additionally, the judge found that three-quarter time work exceeded the stipulated weekly wage, even at minimum wage. Thus, the judge terminated the claimant’s total incapacity replacement benefits. The claimant appealed.

A reviewing board then vacated the administrative judge’s decision and recommitted the case for further review, due to the fact that the administrative judge did not review the claimant’s medical documents. The administrative judge then reviewed the medical documents, and once again denied the claimant’s wage loss claim. The reviewing board then affirmed the judge’s decision.

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Under Massachusetts law, a property owner has a duty to keep the property in a safe condition to prevent the harm of individuals entering the property. When a property owner breaches this duty and a person is injured due to a dangerous condition, the property owner may be liable for the injured person’s harm. In some instances, a dangerous condition will clearly constitute a breach of the duty to keep a property reasonably safe, but in other cases, such as when a person is injured due to a hidden defect, it may not be clear if the property owner should be held liable. Recently the Appeals Court of Massachusetts analyzed a property owners’ duty to disclose hidden defects in a case in which a contractor was injured when he fell through a roof that was structurally unsound. If you suffered injuries due to a hidden defect on a Massachusetts property it is vital to engage a skillful Massachusetts personal injury attorney to assist you in seeking any compensation you may be owed from the landowner.

Facts Regarding the Injured Party’s Fall

It is reported that the plaintiff was hired by the defendant contractor to install a roof on a building’s property. The defendant contractor was hired by the defendant property owner. Prior to the completion of the project, the defendant property owner advised the defendant contractor that he wanted the roof of the porch to be re-shingled. The plaintiff began working on the porch roof. Initially, the plaintiff used a ladder, but he then climbed onto the porch roof to continue re-shingling. The porch roof collapsed, causing the plaintiff to fall twelve feet to the ground. The plaintiff, who was a hemophiliac, required extensive medical treatment. He subsequently filed a negligence lawsuit against the defendant property owner and defendant contractor. The plaintiff ultimately settled with the defendant contractor.

Allegedly, it was undisputed that the porch roof was not a safe work surface. The plaintiff argued that the defendant property owner should be held liable for his injuries regardless, due to the fact that the roof had hidden defects. Following a trial, the jury found the defendant property owner negligent but found the plaintiff’s negligence exceeded the negligence of the property owner and therefore, awarded the plaintiff no damages. The plaintiff subsequently appealed.
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In most cases, the statute of limitations for personal injury claims in Massachusetts. When the harm alleged is reportedly caused by a defect in a roadway, however, the injured party is required to provide notice to the government or quasi-government entity that is responsible for the roadway within thirty days of the accident. Recently, in a case arising out of harm caused by a defect in a roadway, the Supreme Judicial Court of Massachusetts held that the thirty day notice requirement did not apply to private entities, including utility companies. If you were suffered harm in an accident caused by a defect in a street or road it is in your best interest to meet with a skilled Massachusetts personal injury attorney to discuss your case and what you must do to preserve your right to pursue damages.

Facts Regarding the Subject Accident

Allegedly, the plaintiff was riding his bicycle on a public road when he struck a utility cover that was not aligned with the surface of the road and sustained injuries. The plaintiff notified the city in which the road was located of his injuries within thirty days. On the thirty-first day after his accident, the city notified the plaintiff that it would not pay his claim, because the defendant utility company was responsible for the utility cover. The plaintiff subsequently notified the defendant of his injuries, and filed a lawsuit against the defendant, alleging the defendant’s negligence caused his harm. The defendant filed a motion for summary judgment, arguing that the plaintiff’s claim was precluded due to his failure to notify the defendant of his injuries within thirty days as required by the Massachusetts road defect and notice statues. The court granted the defendant’s motion, after which the plaintiff appealed.

Road Defect and Notice Statute  

On appeal, the court noted that the Massachusetts road defect statute imposes liability for personal injuries caused by defects in roads. The notice statute requires a party injured by a road defect to provide the city, town, or county that is obligated to maintain and repair the road with notice of the injury within thirty days. The court stated that while the road defect and notice statutes clearly imposed an obligation on a party injured by a road defect to notify the government entity charged with repairing the road within thirty days, it was not clear whether the injured party was required to provide notice to a private entity that was responsible for the road. The court ultimately concluded that the legislature did not intend to displace an injured party’s common law remedy against private parties who responsible for defects in the road. Thus, the court reversed the trial court ruling and reinstated the plaintiff’s claim.
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If a person is unable to work due to an injury or chronic illness, he or she may be able to seek social security disability benefits. In order to obtain social security disability benefits, a person must be deemed disabled by an administrative law judge. In determining whether a person is disabled, the judge must employ a five-step process, during which any relevant facts and evidence are weighed. As set forth in a recent case decided by the United States District Court for the District of Massachusetts, the judge is required to properly weigh the medical evidence offered by both sides, and the failure to do so can result in a reversal of the judge’s ruling. If you suffer from an impairment that renders you unable to perform meaningful work, you should retain an experienced Massachusetts social security disability attorney to help you seek disability benefits.

Facts Regarding the Plaintiff’s Disabilities

Allegedly, the plaintiff was diagnosed with sickle cell anemia when she was sixteen. She worked as a legal secretary for several years but stopped working for a decade due to her disease. She resumed work as a legal secretary for another ten years and then was self-employed as a French translator and personal care assistant for four years. The plaintiff was then diagnosed with breast cancer, for which she underwent a mastectomy. Following the surgery, she became increasingly fatigued. She was also diagnosed with avascular necrosis of the left shoulder.

It is reported that the plaintiff filed a claim for Social Security Disability benefits, which was denied. She then filed a motion for reconsideration, which was also denied. A hearing was subsequently held by an administrative law judge to determine if the plaintiff was eligible for benefits. During the hearing, letters from two of the plaintiff’s treating physicians were introduced. The letters stated that due to the limitations caused by her chronic health conditions, the plaintiff was unable to work. Conversely, letters from the state agency’s medical consultations stated the plaintiff could resume her work as a legal secretary. The judge ultimately denied the plaintiff’s claim, and the plaintiff appealed.
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Wrongful death claims allow a personal representative of an estate to seek compensation for any pain and suffering their loved one experienced prior to his or her death, as well as medical expenses and loss of the deceased person’s services and income. While it is obvious that a wrongful death claim can only be pursued in the event of a person’s death, it is less clear whether an arbitration agreement entered into by a decedent is binding on the decedent’s personal representative in the pursuit of a wrongful death claim.

The  United States Court of Appeals for the First Circuit recently certified the question of whether an agreement to arbitrate entered into by a person prior to his or her death is binding on the person’s beneficiaries to the Massachusetts Supreme Judicial Court (SJC). If you suffered the loss of a loved one due to someone else’s negligence, it is essential to consult an experienced Massachusetts personal injury attorney to assist you in pursuing your wrongful death claim.

The Decedent’s Arbitration Agreement

It is reported that the decedent was taken by ambulance to a nursing home run by the plaintiffs. Upon her admission, the defendant, who was the decedent’s daughter, signed multiple documents on behalf of the decedent, including an Alternative Dispute Resolution Agreement (the Agreement). The defendant was permitted to sign these documents pursuant to a document executed by the decedent, granting the defendant power of attorney. The Agreement stated that any disputes would be resolved exclusively by mediation, and if mediation was unsuccessful, binding arbitration. The decedent died and the defendant subsequently filed a wrongful death lawsuit against the plaintiffs in state court.

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It is commonly understood that parties harmed due to someone else’s negligence must pursue their claim within the time frame set forth by the applicable statute of limitations, otherwise they waive the right to recover. In certain instances, a statute of limitations can be tolled, such as in cases where an illness or defect could not have been discovered within the time permitted. In other cases, a statute of repose applies and strictly limits the time frame in which a case can be pursued.

Recently, the Supreme Judicial Court of Massachusetts ruled that the six-year statute of repose for tort actions arising out of improvements to real property related operated to eliminate all claims after the applicable period has run, even if the cause of action was not discoverable within that time frame. If you suffered harm due to exposure to a dangerous chemical or product you should meet with an experienced Massachusetts personal injury attorney to discuss the facts of your case and your potential claim for compensation.

Alleged Facts Regarding the Plaintiff’s Harm

Reportedly, the defendant manufactured and sold turbine generators and directed that asbestos be used in the installation of the generators. The defendant also supervised the installations. The plaintiff’s decedent was exposed to asbestos during the installation of the generators in two different power plants, which were constructed between 1971 and 1978. He was diagnosed with mesothelioma in 2015 and subsequently sued the defendant, alleging the defendant negligently exposed the him to asbestos during the construction of the plants. The defendant filed a motion for summary judgment, arguing that the claims were barred by the six-year statute of repose for tort actions arising out of any deficiency or neglect in the design, planning, administration, or construction of any improvement to real property. The district court stated that it was unclear whether the statue applied to cases involving diseases with extended latency periods and certified the question to the Supreme Judicial Court of Massachusetts.

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