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Increasingly, nursing homes and long-term care facilities are seeking ways to shield themselves from litigation stemming from neglect, abuse or negligence by shoving arbitration agreements in front of new patients.
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Boston nursing home neglect lawyers know that in most cases, these agreements are not a mandatory element of acceptance into the facility, and they serve only to diminish the rights of those who have been injured as a result of the nursing home staff’s actions or inaction.

That doesn’t necessarily mean those whose disputes are handled by an arbitrator will be unsuccessful. However, the process tends to be skewed in favor of the facility, which is why we will often first assess whether there is evidence the arbitration agreement was unconscionable. In nursing home abuse cases, this usually is a result of the agreement being signed by someone too ill to make those kinds of decisions on their own, or by someone signing an agreement on the patient’s behalf when he or she did not have the legal authority to do so.
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A customer at a store should have an assurance the property will be in a reasonably safe condition from the moment they walk in the door – sometimes sooner. They should have confidence that if there is any potentially dangerous situation on site, it will be either open and obvious, or they will receive ample warning about it from management.
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When that doesn’t happen and injury results, our Boston personal injury lawyers are here to help initiate a premises liability lawsuit.

In the recent case of Cox, et al. v. Wal-Mart Stores, Inc., it was the doorway itself the plaintiff alleged to be defective and dangerous, and accused the store of failing to warn her about it. This case was removed to federal court upon request of the defendant, after first being filed in Mississippi state courts. Still, because the incident occurred in Mississippi, state law there governs whether the plaintiff has a valid case.
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The U.S. Court of Appeals for the First Circuit has limited liability of the insurance company of a Massachusetts restaurant/bar where a woman was injured following a brawl.
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The issue in Graf v. Hospitality Mut. Ins. Co. was not whether the facility was negligent in providing security or whether that resulted in the plaintiff’s injuries. That was established during a previous lawsuit where the patron sued the restaurant directly, resulting in a $500,000 judgment in her favor.

Boston personal injury lawyers understand the issue in this action was to what extent the bar’s insurance company was liable for $112,000 in prejudgment interest against the owner and an employee of the facility.
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A man was sitting in bar, watching Monday Night Football, when he was toppled by a fellow patron who dove for a souvenir tossed by an actress into the crowd. The man suffered a severe knee injury, which required expensive medical treatments.
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When he sued the owner of the sports bar, he was awarded $6 million at a bench trial in Nevada. However, a review of FCH1, LLC v. Rodriguez by the Nevada Supreme Court resulted in a reversal and remand of the case.

Boston personal injury lawyers find this case especially relevant at this time, when radio stations, bars, sports franchises and others host summer concert series and other events where there are large, tightly-packed crowds. Management of these crowds through ample security and other strategic measures is one way in which these entities can keep their patrons safe – and avoid personal injury litigation.
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In the height of the summer travel season, Boston, with its wealth of history and stunning landmarks is a top destination for tourists.
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Unfortunately, sometimes these travelers suffer injury while they’re in town. Just like anywhere else, there is the potential for car accidents, bus accidents, bicycle crashes, slips and falls and even crimes of opportunity predicated on negligent security.

Boston personal injury attorneys are dedicated to the aggressive civil representation of those who were harmed while visiting our city. These plaintiffs may have special concerns regarding feasibility of travel and other issues.
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A man injured in a Boston bicycle accident has lost his bid to further pursue legal action against the company he claims caused the dangerous condition that resulted in his crash. The Massachusetts Court of Appeals recently ruled in Filepp v. Boston Gas Company Inc. the bicyclist failed to provide proper notice of injury to the defendant within the 30-day window.
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Boston bicycle accident lawyers point to this case as an example of why one of the first things any injured party should do is contact an attorney. Although injury victims bringing ordinary negligence claims have three years in which to file, there may be other requirements about which you are not aware that we can help you to meet quickly, thus reserving your right to pursue litigation and collect compensation.

According to court records in the Filepp case, the plaintiff sustained serious injuries after he fell from his bike in Brookline while riding along Harvard Street. The plaintiff contends the reason he fell was because there was a two-inch rut in the pavement, created by the Boston Gas Company. The firm was reportedly conducting work on gas lines that ran underneath the street.
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A baby girl suffered permanent nerve damage to her right arm and shoulder, following a traumatic birth in which her mother claims the attending physician was negligent.
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Boston birth injury attorneys recognize that one of the most critical components in these kinds of cases is presentation of appropriate expert witness testimony. It’s not enough to show the actions of the doctor proximately caused the injury to the child, as would be the standard in an ordinary negligence claim. Rather, the testimony of a similarly-situated medical professional must establish that the defendant’s actions breached the acceptable standard of care.

The case of Lawrey v. Kearney Clinic, P.C., et al., reviewed recently before the U.S. Court of Appeals for the Eighth Circuit, is a prime example of what can happen when the plaintiff’s chosen medical expert fails to lay this foundation in his or her testimony.
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Usually when we come across the issue of nursing home arbitration agreements, we are looking at it from the perspective of the patient and his representatives attempting to avoid an arbitrator and instead take the case to court.
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The reason is because most of these forced nursing home arbitration clauses contain lots of fine print, and it essentially minimizes the facility’s risk of being held responsible for negligent action, which is typically better suited to determination by a judge and/or jury. Most people don’t realize these agreements often amount to forfeiture of many of the rights that would otherwise be afforded. Boston nursing home negligence lawyers have strategies for successfully striking down these agreements, including arguing that the agreement is unconscionable (inherently unfair) or that the party who signed it on behalf of the patient wasn’t legally authorized to do so.

The recent case of Walker v. Collyer, before the Massachusetts Court of Appeals, was different in that it involved an attending physician at a nursing home attempting to avoid being compelled to participate in arbitration with the widow of a deceased patient, per the terms of an agreement signed by the patient and the facility.
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The Massachusetts Supreme Court has reversed an earlier judgment in favor of a city/ landowner in a slip-and-fall negligence case, wherein a mother attending a parent-teacher conference was seriously hurt after slipping and falling on ice.
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The court found in Wilkins v. City of Haverhill that the purpose of the land, as it relates to the statute, was altered at the time of the incident because it was only open to a small, discrete group during those hours. Had it occurred during normal business hours, the result may have been different.

Boston fall accident attorneys understand at the center of this case is Mass. Gen. Laws ch. 21, 17C. This statute bars claims of ordinary negligence against any landowner (including a government landowner) that has opened the land for use by the public for purposes of education, recreation, conservation, religious activities (as well as a few others) without charging any sort of fee.
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A family alleging the death of a loved one due to a bacterial infection caused by improper insertion of a feeding tube will be allowed to continue with its claim, according to a recent ruling by the Massachusetts Supreme Judicial Court.
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In Estate of Gavin v. Tewksbury State Hosp., the court was faced with whether the proper requirements to bring a medical malpractice for wrongful death under M.G.L. c. 258, § 4(§ 4) had been met. The trial court ruled that those requirements had not been met. A divided appellate court affirmed. The SJC, however, reversed and remanded.

Boston medical malpractice lawyers know that these types of cases require special consideration because both the technical requirements and legal threshold of proof are higher than in claims of ordinary negligence. An attorney with extensive experience in these matters can help guide you through the process.
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1 International Pl Unit 1810
Boston, MA 02110
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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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