Posts Tagged ‘negligence’
When You Can Pursue a Massachusetts Property Owner for Injuries Caused by a Third-Party Assault
In Massachusetts, a property owner has a legal duty to those on their property to maintain it in a reasonably safe condition. While many people may associate this obligation with maintaining the property in a hazard-free condition to avoid trip-and-fall and slip-and-fall accidents, the duty actually goes beyond just that. One of the other obligations…
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 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 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…
Read MoreArbitration Agreements, the People Signing Them, and Their Impact on Your Massachusetts Nursing Home Negligence Case
When a loved one has been hurt, or has died, while in the care of a nursing home, it is a stressful time, and you very likely have a lot on your mind. Worrying about whether or not that arbitration agreement document you or your sibling signed when your mom or dad was admitted to…
Read MoreNursing Home Admission Forms and the Impact They Could Have on a Future Negligence Lawsuit in Massachusetts
For many people, the decision to enter (or to place a loved one in) a nursing home is a difficult and stressful one. The time when the patient first goes into the facility is one filled with many changes and many necessary things to consider. One thing that may be easy to overlook is the…
Read MoreMassachusetts Nursing Home Resident’s Family Avoids Arbitration, Then Lands $500K Settlement in Wrongful Death Case
A development in a Massachusetts nursing home negligence case serves as an important reminder of many things, but one in particular. That one particular thing is just how incredibly important it is to be ready to oppose, and defeat, a facility owner’s motion to derail your case via arbitration. Failure to avoid arbitration at this…
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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