Posts Tagged ‘fall’
Winning Your Trip-and-Fall Case in Massachusetts
In many situations, there may be more than one type of legal theory that allows you to win your case and obtain a recovery of damages. For one woman who broke her hip trying to enter a Cape Cod garden store, she was able to advance her premises liability lawsuit even though she didn’t have…
Read MoreOvercoming 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 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 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…
Read MoreThe Many Ways in Which Nursing Homes Can Be Negligent… and the Harm that Can Result from that Negligence
Nursing home negligence cases are particularly distressing because they represent a failure by someone (or several someones) to provide the standard of care that they should, and that failure resulted in someone’s beloved friend or family member getting hurt… or worse. Nursing homes and nursing home employees have both an ethical and a legal obligation…
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