In Massachusetts, there are two types of liquor liability claims which can derive from the over-serving of alcohol to a person. As a result of that over-serving, that intoxicated person then goes out and causes an injury to another person. The first situation is called Social Host Liability, wherein the owner of a house or …
Construction Sites and Fall Protection
According to OSHA, falls are the leading cause of death on construction sites. In 2010 there were 774 construction site related fatalities with 264, roughly one-third, of these resulting from falls. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and hazard-free workplaces. The Occupational Safety & Health Administration …
Exceptional Verdict
Congratulations to the attorneys and to the plaintiffs who were just awarded a 63 million dollar verdict in a case against Johnson & Johnson. The plaintiff suffered horrific and permanent injuries, requiring 16 surgeries and resulting in over a million dollars in medical bills. The result is a victory, not only for the litigants but …
Potholes and Other Defects in Public Ways
Most of us in Massachusetts are still, unfortunately, digging out from this weekend’s Blizzard of 2013. Many highways and public works crews are still working to clear snow and debris from the streets some three days later. Today’s rain is not making their jobs any easier. Once the snow, slush, and ice are cleared, however, …
Bus Companies Owe Passengers The Duty Of Utmost Care
The major news in Boston this weekend was the Saturday night crash of a tour bus carrying a group of Philadelphia high school students who had just completed a visit to Harvard University and was returning to Pennsylvania at the time of the crash. According to reports, the bus was traveling on Soldiers Field Road …
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Settlement Funding Prior to Resolution of a Case and its Implications
In the realm of personal injury claims, once a lawsuit is filed, there are a number of settlement funding companies out there who will advance the funds of the settlement in order to be paid back once an actual settlement is received. This may seem like a perfect scenario: Get your money now and just …
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Medical Records in Litigation
In the context of personal injury litigation, medical records play a critical role. Under Massachusetts General Laws Chapter 233 section 79G, medical records of a treating physician or hospital are admissible at trial. That means the jury considering your case gets to read them and consider everything that is in them as evidence. However, this …
