Archive for October 2021
Overcoming an ‘Open and Obvious’ Argument to Succeed in Your Massachusetts Trip-and-Fall Case
When you are injured in a trip-and-fall case, there are several hurdles you will necessarily have to clear. There are also some additional pitfalls that you may encounter depending on the specifics of your case. One of those potential pitfalls is the “open and obvious” rule, which says that, if a hazard is open and…
Read MoreMassachusetts Appellate Court Upholds $20M Judgment in the Case of a Woman Run Down Inside a Chicopee Convenience Store
When you experience the loss of a loved one due to an accident, it is always devastating. If that accident occurred because someone else was negligent, the issues you may be facing multiply. In addition to your family issues, that negligence may create legal issues. The loss of your loved one undoubtedly did major damage…
Read MoreEscaping a Defendant’s Claim of Immunity in Order to Pursue Your Massachusetts Premises Liability Case
When you are injured due to someone else’s negligence, such as in a slip-and-fall or trip-and-fall accident, you may be entitled to compensation for the amount of damages that you’ve suffered. In certain circumstances, though, your ability to recover payment for the full extent of the harm you suffered may be limited, even if you…
Read MoreWhat It Takes To Succeed in a ‘Traditional Theory’ Premises Liability Case in Massachusetts
To win a premises liability case in Massachusetts, you may have multiple options that you can use. If you seek a favorable judgment based upon the “traditional theory” of premises liability, you need proof that the hazard upon which you slipped was something of which the property owner knew or something that had existed for…
Read MoreSuccessfully Pursuing an Out-of-State Entity as Part of Your Massachusetts Premises Liability Case
Slip-and-fall or trip-and-fall accidents are relatively common, but they also can potentially be very serious situations that cause long-lasting or even lifelong impacts upon the people hurt in them. When this harm is a result of the inappropriate action or inaction of others, the injured person may be entitled to a monetary recovery in court.…
Read MoreNegligent Placement of a “Cold Joint” Can Result In Responsible Parties Being Liable for Slip and Fall Injuries
A “cold joint” or “construction joint” is formed during the process of laying concrete when the second batch of concrete is placed after the first set of concrete has begun to settle. As a result of the delay, the two batches are unable to form a completely uniform mix, resulting in a possible “plane of…
Read MoreCancer Can Be a Work-Related Injury for Firefighters in Massachusetts
Firefighter exposed to toxic smoke The Massachusetts Senate approved a firefighter cancer bill that will enable firefighters and other state workers, such as police officers who are regularly exposed to dangerous fire related conditions, to treat cancer as a work related/line of duty injury. This change offers increased protections to first responders who put their…
Read MorePursuing Nursing Home Negligence in Massachusetts: Potentially Going Beyond Just Suing the Nursing Home
According to research by the Urban Institute, nearly 70% of people age 65 and older will develop disabilities during their lifetimes, and more than one-third (35%) of people in that age group will need nursing home care at some point. When we entrust a cherished loved one to the care of a skilled nursing facility, we…
Read MoreTwo Families Sue After Their Loved Ones Died in Falls at Worcester County Nursing Home
When a family makes the often difficult decision to place a family member in a nursing home, they are entrusting that facility with one of their most precious commodities: a loved one. Nursing homes are supposed to be places where those requiring care and attention get what they need. Sometimes, though, that doesn’t happen, and…
Read MoreCMS Fines Worcester Nursing Home $140K After Resident Dies Following Fall and Head Injury
When you entrust a loved one to a nursing home, you are entrusting them with one of the most important parts of your life. Sometimes, accidents are inevitable, even when proper care is provided. Other times, though, injuries happen (or are made worse) because nursing home staff don’t provide proper care, including sometimes not even…
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