It is an unfortunate truth that car accidents are a common occurrence in this country. When more than one vehicle is involved, establishing fault is crucial to an insurance claim, as well as any potential lawsuit. This makes sense; if it is your fault, you or your insurance company should…
We have previously discussed a number of issues surrounding premises liability. For example, in the context of snow and ice, classifications of individuals on your property, and doctrines like attractive nuisance. We are now going to dive into some evidentiary issues that may arise in your claim, specifically in the…
In a previous post discussing Premises Liability, we briefly noted two (2) relevant legal doctrines – Attractive Nuisance and Sovereign Immunity. We recently discussed the Attractive Nuisance doctrine, so today will be focusing on the doctrine of Sovereign Immunity and its codification under the Massachusetts Tort Claims Act. As discussed…
In a previous post discussing Premises Liability, we briefly noted two (2) relevant legal doctrines – Attractive Nuisance and Sovereign Immunity. We will address Sovereign Immunity and the Massachusetts Tort Claims Act in a subsequent post, but today we want to discuss the other doctrine: Attractive Nuisance. Premises Liability, property…
As we get into the summer months, it is time for all of the fun activities associated with the warm weather and all the “tough” decisions. Hamburger or hot dog? Beach or pool? Red Sox or Yank…(we all know there’s no decision to make there!). One of the state’s best…
Many lawyers use the term “premises liability,” which is a phrase that most people don’t use. Therefore, there’s often a misconception about what the term means. In reality, it’s a way to describe the duty owed by a business or property owner. These claims are a type of a negligence…
According to the American Veterinary Medical Association, there are about 77 million dogs in the United States. That is a lot of dogs! If you were to go for a five-to-ten minute walk in your neighborhood, the chances are that you would see at least a dog and very likely…
The death of a loved one is a truly traumatic experience, especially if that death was sudden and unexpected . The sudden loss of a loved one leaves families with emotional burdens and oftentimes financial ones. So what happens when the death of a loved one is the result of…
One of life’s ironic twists is that someday we may be tasked with caring for an elderly parent, just as they spent the early parts of our lives caring for us. Unfortunately, there are often times when the care needed by an elderly parent or relative exceeds what you are…
Hit-and-Run Accidents Many of us have been involved in a car accident, whether it be a “fender-bender” or something more serious. Regardless of the severity of the accident, it is a jarring experience. Because it happens so suddenly, it takes some time to realize what actually happened. Your brain is…