Articles Tagged with Boston personal injury attorney

Published on:

Assumption of Risk as a Defense in Boston Personal Injury Cases Has Been Abolished

In some jurisdictions, a defendant in a personal injury case can plead what is known as an affirmative defense such as assumption of risk.  Generally speaking, an affirmative defense is a defense, which does not involve denying much of the allegations. Instead, a defendant will plead plaintiff knew of the risks when engaging in a certain activity or course of conduct, with full knowledge of the consequences, and chose to disregard or “assume” those risks.  By assuming the risks, plaintiff should not be able to fault defendant for engaging in any negligence so it should serve as a complete bar to recovery.

Massachusetts is a Mixed Comparative Negligence Jurisdiction

Boston personal injury lawyerAssumption of risk generally developed into what is known as a pure contributory negligence jurisdiction.   This means that if plaintiff contributed to the accident in anyway by being negligent in is or her own right, it would serve as a complete bar to recovery.  This could be as simple as a plaintiff walking down aisle in a big box retailer and slips on a wet floor while there was a caution wet sign.  In these jurisdictions, it could be argued plaintiff assumed the risk by walking on the floor anyway so the case should be dismissed. This may seem like a harsh result, but it is still the law in a handful of states and the District of Columbia.   Continue reading

Published on:

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

Published on:

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

Published on:

We have all heard of personal injury claims and seen commercials for personal injury law firms. But other than just hearing the term personal injury, and knowing that you are trying to get compensated by the person who caused your injury, not all that much else is often understood by the average personal injury victim.

The Initial Consult in Boston Personal Injury Cases

Car Accident Lawsuit During the initial consultation, the attorney will hear your story about what happened to you and how you were injured.  He or she will likely ask about what medical treatment you are receiving and find out as much information as possible.  This is a private and confidential meeting and there should be no cost to you.  If any personal injury lawyer wants to charge you for an initial consultation, this might be cause for concern. Continue reading

Published on:

It’s summertime, and water slides are a popular activity for adults and children alike. They offer a thrill, but they aren’t always safe. When a child injury occurs on a water slide, our attorneys will examine whether a dangerous condition existed on site about which the park or employees should have known (premises liability) or whether there was some defect in the slide or its components about which the manufacturer or distributor should have been aware (product liability).

A recent child injury in California involved a new water slide at a water park in California.  The ride is called “The Wave” and features a half pipe on an 80-degree decline with a three-story drop. Once the water slide reaches the base, the tube sits on a concrete slab.

Boston personal injury When the 10-year-old rider, who met the minimum height requirement for the ride, reached the bottom of the ride, instead of sliding along to the tube to the pool at the end, he was launched out of the tube and slammed into the concrete base pad. Continue reading

Published on:

While you or you child can get injured during most sports, some are more dangerous than others.  When we think of head injuries, football is often at the top at list.  This is to the point where many parents, even former athletes, will not let their kids play the game at a competitive level.  While football may be first, lacrosse and ice hockey are not far behind.  Rugby is often considered the most dangerous, but until recently it was not that popular in the U.S., so we don’t hear about it often, but that is starting to change.

Boston Personal Injury According to a recent news story from The Mercury News, a college athlete was left paralyzed following a championship win for his team. The 20-year-old athlete is now paralyzed from his chest down.  He already had one major surgery, but he now only has limited movement of his arms and nothing below that.  His family said they know it will be a long road ahead for this young victim, but they hope and pray he will regain his mobility.  He was able to sit up in a chair while in the hospital a day after the surgery, and this is a very encouraging sign. Continue reading

Published on:

When people think about lying out in a hammock, they are typically thinking of lying out in some tropical paradise with the hammock stretched between two palm trees.  They are not usually thinking about New York City.  However, as it turns out, there are hammocks in the big city, and one of these hammocks allegedly resulted in a tourist being injured, according to a recent news report from CBS News.

HammockAuthorities have said the hammock had been placed on the fifth story of a building in lower Manhattan.  Due to high winds and during a big rainstorm, the hammock, along with its heavy wooden base and suspension system, fell from the building and landed on a tourist walking on the sidewalk below. Continue reading

Published on:

Riding an all-terrain vehicle, also called an ATV or “four-wheeler” can be a lot of fun, but it can also result in serious personal injury.  There are a lot ways that an injury can occur on an ATV.  In some cases, we are dealing with an inexperienced driver who has rented an ATV or is using one that belongs to a friend. It is also possible that a rider is seriously injured when sitting on the back on an ATV being operated by someone else.

Boston Personal InjuryThere is no seat belt on most of these vehicles, and it is not hard for a victim to fall and suffer serious injury or event death.  In some cases, we are dealing with an experienced rider who is just going too fast and taking unnecessary risks.   If a passenger is injured in this process who is not related to the operator, he or she might have a valid personal injury claim.  In some cases, the vehicle will even be insured, and in other cases, a homeowner’s insurance policy might cover the victim’s damages for his or her injuries. Continue reading

Published on:

With the winter weather behind us and warmer days ahead, people will not likely be doing all that much snowmobile riding in the near future.  While it is actually becoming more popular for people to put wheels on the ski blades and race on grass fields, this is still not a common activity for most riders.

snowEven though the riding season may be over, there were many people who were injured over the past winter while using a snowmobile or riding on one as a passenger, and some of these victims may have a valid personal injury claim.  This may include a case against a negligent operator, a negligent snowmobile rental company, or even the manufacturer for failure to warn of a known danger. In some cases, the device itself may have been defectively designed or manufactured, and this could lead to a products liability case, which is a special kind of personal injury case. Continue reading

Published on:

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.
Continue reading