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Jury selection can be very crucial element in Boston slip-and-fall accident litigation. The best injury attorneys know the extensive research that goes into this process, and how to be most effective to maximize the potential for success in trial.

In 2016, a jury returned a verdict in favor of the defendant in a slip-and-fall case in Boston. This case involved a 59-year-old marketing consultant who was walking on a side walk on Somerset Street in Boston.  She was walking next to a shopping center when she slipped on ice and fell.  She alleged that the fall resulted in serious injuries to her lower back as well as her left ankle.  She sued the defendant store owner, landowner and related entities.

Slip and Fall BostonIn many jurisdictions, there is a distinction between the reason plaintiff was on the property in terms of the duty of care owed to plaintiff, if any, and this can greatly effect whether the plaintiff has a valid personal injury claim. These distinctions don’t exist in Boston.

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There are many fun and exciting things to do in Boston throughout the year, but in some cases, engaging in these activities could result in serious personal injury. As we head into the fall, there will be people doing all kinds of outdoor activities, such as going to apple orchards, taking hayrides at local pumpkin patch and attending sporting events.  However, even these seemingly safe activities could result in serious personal injury if there is any negligence on behalf of the event organizers or property owners.

Boston personal injuryAccording to a recent news article from ESPN News, a young girl was seriously injured at Yankee Stadium when she was hit in face with a foul ball off the bat of Todd Frazier.  The young girl was sitting in the lower level seating area when the ball hit her in the face.  Using this season’s new technology that measures the hit speed of every batted ball, they were able to determine that the baseball was traveling at 105 miles-per-hour when it came off the bat.  Continue reading

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With the winter months approaching, many in New England including Massachusetts will head to the slopes for a day or weekend ski trip.  While this can be a lot of fun, it can also result in serious personal injury or even death.  There is no question that skiing has inherent risks, but that should not excuse a ski resort from liability.Boston Injury Lawyer

One thing that may limit the chances of recovery in a personal injury lawsuit is the waiver of liability most skiers are presented with when they get a lift ticket. The reason we use the term presented with, is because they do not often require skiers to actually sign anything.  Instead, they say when you put the lift ticket on the zipper of your ski parka, you have effectively accepted the terms of the waiver. In many cases, the waivers will include a complete waiver of any liability on behalf of the ski area operators.  This waiver can be very inclusive, and may even go so far as to include a waiver of liability for intentional conduct on behalf of employees. Continue reading

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People often hear the term statute of limitations on television shows such as “Law and Order” when dealing with criminal cases, but rarely think of the statute of limitations terms of civil cases.  While this makes for very exciting television, the reality is that in the real world, the opposite is generally true.  Many crimes do not have a statute of limitation meaning that a person could be on the run for decades and still be tried when they return to the proper jurisdiction.

Boston Medical MalpracticeEven if a person does not return, they can often be arraigned when they are not present to toll the statute of limitation sand  stop the clock.  On the one hand, in civil case, the statute of limitations is very much a big deal, and while there are certain exceptions for people who are incapacitate for one or more reasons, the law can be very unforgiving when dealing with statutes of limitations. Continue reading

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If you have ever been treated at a hospital, you may have had to be escorted to the exit of the hospital in a wheelchair following your discharge even though you were perfectly capable of walking. The reason they do this is because they do not want to be liable if you trip and fall your way out.

Boston medical MalpracticeThere have been many incidents over the years where someone was walking down a hospital corridor and slipped and fell.  In some cases, these patients were seriously injured in the fall accident. Continue reading

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As summer comes to a close and the weather turns colder, Boston tends to get a lot of ice and snow on the sidewalks and in front of businesses. This means we can expect to see a lot of slip and fall accidents. In the Commonwealth of Massachusetts, the law operates somewhat differently than many other states and there have been some fairly recent case decisions from the Supreme Judicial Court that affect liability. The Supreme Judicial Court (SJC), is our state supreme court.

Boston personal injury lawyer One major case in the Commonwealth is Papadopoulos v. Target Corporation 457 Mass. 368. In Papadopoulos, a case involving negligence for slip and fall accidents involving snow and ice removal, the court addressed whether there must be a natural or unnatural accumulation of snow and ice. Prior to this case, there was such a distinction, but the court abolished this distinction with respect to slip and fall premises liability in snow and ice cases. Continue reading

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If a child suffers abuse or neglect at a daycare facility, there is a high likelihood police will be called. This could be because the parents called the police, but the manager at a daycare center is also a mandated reporter and must contact the police.  The Massachusetts Department of Children and Families (DCF) typically gets involved, and it may result in charges being filed against the daycare staff member or manager/owner responsible for the alleged child abuse and neglect.

Boston Personal Injury However, charges may not be filed right away.  The police and DCF may first wish to conduct and investigation.  This can include interviewing witnesses, reviewing camera footage at the daycare, examining medical records pertaining to the child, as well as speaking with parents and the child if the child is old enough to communicate. Continue reading

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There was a time when it seemed like nothing would stop the increase in football’s popularity in America. However, recent years have involved a better understanding of the serious risk of head injury the sport poses. From the professional leagues down to Pop Warner, there have been studies and anecdotes highlighting the potential dangers. We have a better understanding of concussion and traumatic brain injury occurrences in the sport, leading many parents to disavow the sport, refusing to let their child play.

It is true there is a certain level of assumed risk that comes with playing football. Some may even argue injuries are part of the game. But when serious injuries occur in a football game – or more likely, in practice – the question is who may be held liable?

Boston personal injuryThere are many incidents that can be attributed to the negligence of a coach or staff, setting the stage for a personal injury lawsuit. These incidents can range from heat stroke (allowing players to practice too long outdoors without adequate water, shade or rest) to traumatic brain injuries. Such occurrences can have a damaging and lasting effect on youth and their families. Where coaches, schools, staff or others had a duty of care to try to prevent such injuries, they may be held to account. Continue reading

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When we are dealing with a medical malpractice cases, we are typically dealing with action founded under a theory of negligence. In a standard negligence case, the elements of the tort are duty, breach, causation, and damages. The duty is a duty of due care to act as a reasonable and prudent person so as to prevent a foreseeable injury to foreseeable persons and property.

Boston medical Malpractice In the case of medical malpractice, we use the same standard, but instead of the reasonable and prudent person, we use a reasonable and prudent medical professional performing that same procedure. For example, in the case of heart surgeon preforming an operation, a surgeon is supposed to act as reasonable and prudent heart surgeon would act in performing the same procedure. Continue reading

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In Taylor v. Trimble, a case from the California Court of Appeal, plaintiff’s five-year-old son drowned in a horrific swimming pool accident. After the death of his son, he filed a complaint arguing general negligence against the defendant for failing to adequately supervise the child.

pool accidentsAccording to court records, on the date of the incident, the homeowner defendants had a social gathering that the decedent child attended with his mother. Neither the child nor the mother knew how to swim. After the child first arrived and went into the shallow end of the pool, which they named the kiddie wading area, defendant watched the child play. She watched him until the child’s grandfather arrived.  He was a captain for the Los Angeles Fire Department and said he would take over the duty of watching child while he was in the pool. Continue reading