Articles Posted in Negligence

Massachusetts Appeals Court Grants Immunity to City in Negligence Case by Man Injured by Gun Returned to Shooter by Police Department
The Law Offices of John C. Manoog III

With some of the deadliest mass shootings in U.S. history occurring in just the past few months, there’s been a lot of talk about the rules, regulations, and laws that pertain to firearms. Very often, the victims of such killings are left with no remedy against the perpetrator. Even if a personal injury or wrongful…

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Massachusetts Appeals Court Affirms Summary Judgment Based on Component Parts Doctrine in Product Liability Case
The Law Offices of John C. Manoog III

A Cape Cod product liability lawsuit can arise from something small and simple or from something large and complex. If the product in question is of the more complex variety, it is possible that there may be multiple defendants involved, especially if the product was made of many different pieces. In cases involving multiple component…

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Massachusetts Appeals Court Affirms Order on $40,000+ Settlement Agreement, Despite Defendants’ Attempts to Avoid Judgment
The Law Offices of John C. Manoog III

There are several familiar expressions warning against a premature assumption as to the outcome of an event. “It ain’t over ’til the fat lady sings.” “Don’t count your chickens before they hatch.” “It ain’t over ’til it’s over.” It’s all sound advice. But what happens if, after the fat lady has sung, the chickens have…

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Recently Recalled Products – Beware, Consumers in Massachusetts and Elsewhere!
The Law Offices of John C. Manoog III

While not every dangerous or defective product is recalled by its manufacturer, it is a good idea to occasionally check the government’s “Recent Recalls” list. It only takes a few minutes, and it could provide important information about a defect in a vehicle, food item, tire, child safety seat, or other product. Cape Cod product…

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How Do Massachusetts Drivers Rank When Compared to Others Across the Country?
The Law Offices of John C. Manoog III

So how bad – or how good – are Massachusetts drivers, really? That all depends on whom you ask. Some sources claim that Massachusetts has some of the best drivers in the country, but other studies lead to a very different conclusion. While we cannot say with 100% accuracy which side has the better argument,…

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Massachusetts Court of Appeals Affirms Defense Verdict in Unfair Settlement Practices Case, Noting Plaintiff’s History of Prior Accidents
The Law Offices of John C. Manoog III

Those who have been involved in a Cape Cod auto accident may be surprised to learn that they may have to file multiple claims, including not only a negligence claim against the party whose actions led to the crash but also a claim against their own insurance company if the negligent party does not have…

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No Relief From Jury Verdict for Litigants in Truck Accident Case, Says Massachusetts Court of Appeals
The Law Offices of John C. Manoog III

One of the most important facets of the American legal system is the right to a trial by jury. The idea is that a jury of one’s peers will be more likely to render a fair and impartial verdict than might a seasoned judge, who might be predispositioned to lean one way or another. Unfortunately,…

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Massachusetts Appeals Court Reverses Judgment for Bar Patron in Case Against Owner of Establishment Following Head Injury Due to Thrown Beer Bottle
The Law Offices of John C. Manoog III

When someone gets hurt on another person’s property, there is a possibility that the injured person may be able to seek compensation from the property owner if he or she can prove that the injuries were caused by the owner’s negligence. Massachusetts premises liability cases – sometimes called “slip and fall” or “trip and fall”…

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Recent Fatal Accident Focuses National Attention on Fair Accidents – Are Massachusetts Amusement Parks and Fairs Safe?
The Law Offices of John C. Manoog III

It’s that time of year again. Many families, trying to squeeze in one more trip before the kids head back to school, make the trek to amusement parks both near and far. Others take advantage of those special once-a-year local fairs and festivals, dazzled by the lights, enticed by the cornucopia of carnival-style foods, and…

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Federal Court in Massachusetts Denies Summary Judgment to Claims Service that Refused to Settle Nursing Home Negligence Case
The Law Offices of John C. Manoog III

Many civil lawsuits are filed each year in the state and federal courts – far too many to be handled efficiently by the court system if a full-blown trial is required in every case. For this and other reasons, settlements are highly encouraged. Under Mass. Gen. Laws ch. 176D, § 3(9)(f), an insurance company has…

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