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In a recent case from the Maine Supreme Judicial Court, plaintiff was injured when she slipped on ice that had accumulated in front of her dorm room.  Her accident occurred on January 17, 2014. This date is important, because this case deals with a notice requirement when filing against a state or municipal defendant.

1380913_street_light_2-300x265On February 3, 2014, plaintiff’s father contacted the university’s risk management office about his daughter’s injury.  In his email, he notified the school that his daughter broke her leg and tore a ligament.  He further informed the school in his email message that she required surgery to repair the damage from her slip-and-fall accident.  He also stated that he expected the school to assume liability for his daughter’s injury, as it was their responsibility to make the walkways safe in campus areas. Continue reading

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In a recent case from the Georgia Supreme Court, a plaintiff was injured when she was bitten by defendant’s dog.  She alleged that the attack occurred when she was bitten by the dog while she was visiting defendant’s home.

dog Plaintiff and defendant in this action were neighbors at the time the action was filed.  The defendant’s adult son was planning to move back to his parent’s home and asked if he could bring his dog, which was an American pit bull terrier. This is dog most people would instantly recognize as the pit bull breed.
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One recent appeal from the Mississippi Supreme Court involved a slip-and-fall accident that was anything but your typical personal injury case. In this case, the plaintiff had slipped and fell in a store owned by the defendant, but that accident occurred in 1989. He was three years old at the time of his accident.

brain scanHe filed the lawsuit against the defendant many years later when he reached the age of majority. In his lawsuit, he alleged that he was seriously injured because the store had negligently allowed the floor to become slick, and he slipped on this floor. He said that, as he developed, it became apparent that he had suffered various injuries as a result of this fall that caused him to have a significant traumatic brain injury. Continue reading

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In a recent case from the U.S. Court of Appeals for the Fifth Circuit, plaintiff had filed a personal injury lawsuit after he suffered an alleged slip-and-fall injury in defendant’s big box retail store.  According to court testimony, the plaintiff was walking in the store when he fell on water that had allegedly been left on the floor in a negligent manner.

wet floorPlaintiff’s sister was present when the accident occurred, as was a store employee. It was not clear whether the employee actually saw the plaintiff fall, but she did get a wheelchair owned by the store to transport the victim to the front of the store, where he was taken to a local emergency room to be treated for his injuries. As for the cause of his injuries, plaintiff argued that the store roof was negligently maintained, and that resulted in water leaking from the ceiling and was negligently allowed to pool on the floor, which caused him to slip and fall, resulting in his personal injury.
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In a case from the Arkansas Supreme Court, the plaintiff filed several causes of action in civil court against the defendants for claims related to injuries that occurred in the scope of his employment.  These claims were fairly typical employment-based personal injury claims, such as negligent supervision and negligent retention of a store manager.

brainEssentially, unless there was intentional conduct, such as assault or a kidnapping (false imprisonment), the vast majority of claims filed in a civil lawsuit are filed under a theory of negligence. There are many different types of negligence, but the main different is what type of negligent (careless) conduct the defendant is alleged to have engaged in that resulted in a serious personal injury to one or more plaintiffs. Continue reading

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A jury in Chicago awarded $5.4 million to a man who suffered serious back and groin injuries after he slipped and fell on a slick of diesel oil on the ground at a rail yard.

The original verdict was for $9 million, but was lowered by a percentage based on plaintiff’s pdirt oilurported contributory negligence that factored into the fall’s causation.

Plaintiff sued the railroad company for allegedly failing to provide him with the appropriate tools and a safe workplace while he was repairing a leak on site as an independent contractor back in April 2011. The case highlights the fact that although work-related injuries are often compensable only via workers’ compensation benefits, there are sometimes legal avenues to pursue claims against third-parties, such as property owners or general contractors. Continue reading

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Victims of violent assaults may find themselves reeling, both physically and emotionally, struggling to overcome the trauma. While the criminal justice system may take action to punish the offender, that doesn’t necessarily help the victim and the expenses they have incurred – the medical bills, the lost wages from time off work, the cost of therapy and other expenses. stab

In some situations, it can be worthwhile to pursue legal action in civil court. Such action is sometimes taken against the actual attacker (although insurance does not cover intentional acts, so collecting on damages against defendants who aren’t independently wealthy can be tough). More commonly, though, action is taken against third parties. Third parties can be liable for damages to a crime victim if the defendant breached some duty of care owed to plaintiff. For example, property owners may be liable for failing to protect residents and/or guests from conditions that might invite a criminal assault.

In a recent case before the New York Court of Appeals, the question was asked whether a mental health facility could be liable for injuries sustained in a criminal attack carried out by an adult male patient who had recently been discharged. Plaintiff alleged the facility was negligent in discharging the man, and if it had held him longer, the attack could have been avoided.  Continue reading

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Injuries arising from sports-related activities are generally compensable only under certain circumstances. The reason is because sports are often inherently considered risky, and athletes and participants assume some level of that risk when they agree to engage.karate

Generally, if a sports-related injury involves some type of recklessness or intention to hurt someone, then it can be compensable. Youth sport injuries in particular are where most liability cases arise because they are unique with regard to the age and experience of the persons involved in the sports. Even then, if injuries occurred in the normal course of the sport, collecting damages is going to be tough. However, if injuries occur because the school or league allowed conduct that was outside the scope of the game rules (i.e., allowing use of excessive force, excessive exercise in the heat, etc.), then there could be liability. There could also be damages sought if the coaches or other staffers failed to appropriately respond to a medical emergency.

In a recent sports injury lawsuit out of Indiana, the state supreme court justices ruled that a woman seriously injured by a classmate with a jump-kick in a karate course won’t be allowed to continue with her claim for damages. The issue was she could not prove the defendant acted with recklessness or unreasonableness in the course of his participation such that would warrant a finding of negligence.  Continue reading

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In Massachusetts medical malpractice law, the “loss of chance” doctrine permits recovery of damages for the destruction or reduction of the prospect of achieving a more fadoctorsvorable outcome.

Plaintiffs are the ones who bear the burden in these cases of showing that the physician or other medical professional:

  • Deviated from the accepted standard of care;
  • Deviation proximately caused the injury (i.e., the loss was a foreseeable consequence of negligence and the negligence was a but-for cause of the loss of harm).

Causation of injuries in medical malpractice lawsuits is always proven through expert witness testimony. The loss of chance doctrine is usually applied to cases wherein plaintiff had a 50 percent or less chance of survival or some better outcome prior to the alleged negligence of the doctor. In cases where a plaintiff had a 50 percent or greater chance of survival/ better outcome prior to the alleged wrongful act, courts will usually apply the “more likely than not” standard. That requires plaintiff to prove it is “more likely than not” he or she would have had a better outcome were it not for defendant’s actions. The reason is under traditional concepts of causation, a plaintiff with less than 50 percent chance of a positive outcome wouldn’t have grounds for a claim. The loss of chance doctrine gives them a platform. Continue reading

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In Boston construction accidents, there are often a number of various routes of recovery victims may pursue. First and foremost, there is workers’ compensation, which are benefits obtained by one’s own employer. However, these benefits are generally limited to medical expenses and a portion of lost wages. Exclusivity rules written into workers’ compensation law prevent an employee from suing an employer for more than that, and co-workers are generally protected by this too. But beyond that, there may be opportunity to pursue third-party liability action. construction workers

Third party liability lawsuits are especially prevalent in construction accident cases for two reasons:

  • The personal injuries are often quite severe, so the stakes are high.
  • There are numerous companies and individuals that have a hand in a construction project at any given time.

Liability for worker injuries depends on a myriad of factors, including whether the company in question owed some duty of care to the plaintiff.  Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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