Articles Posted in Negligence

Have you ever wondered what an appellate court takes into consideration when deciding an appeal? The answer is that it depends. The fact is that many issues are possible subjects of an appeal. In a recent case, the issues included the admissibility of certain testimony and demonstrative evidence, as well as whether a new trial…

In order to obtain a jury verdict in a negligence case, including a case arising from an accident at an amusement park, fair, or carnival, the plaintiff must prove not only that the defendant owed him or her a duty of care and breached that duty, but also that the defendant’s breach of duty was…

There are many ways in which a product can be deemed defective. Sometimes, only a single defective product results from a manufacturing error. In other words, something went wrong during the process of making the product. In other cases, all of the products in a particular line are found to be defective due to a…

There are thousands of laws on the books in Massachusetts and across the nation. What happens when two of those laws potentially conflict? For instance, if a driver is obligated to stop for a pedestrian in a crosswalk, but the pedestrian is obligated to obey a pedestrian crossing signal, what happens if both the driver…

When the parties to a lawsuit have rested their cases, the trial judge issues a set of instructions to the jury before they retire to deliberate. The majority of these instructions are general in nature, but some may be fact-specific. The parties may make requests for the court to issue certain instructions, and adverse rulings…

Lawsuits arising from motor vehicle accidents rarely make it all the way to the United States Supreme Court. The vast majority of such cases are settled out of court, and only a few of those that actually reach trial are appealed. However, as a recent case shows, it is possible for a seemingly straightforward negligence…

When an individual is hurt in a motor vehicle collision or other accident, he or she is at a significant disadvantage when negotiating with insurance company professionals who deal with issues such as negligence, comparative fault, and damages on a routine basis. Massachusetts Gen. Laws ch. 93A (the Massachusetts Consumer Protection Act) and ch. 176D…

Many states, including Massachusetts, have statutes in place under which a business that sells alcoholic beverages to a person who is obviously intoxicated can be held liable for the resulting damages, including both personal injury and wrongful death. These statutes are often referred to as “dram shop” acts (so named because spirits were once sold…

When a case is tried to a jury, it is the responsibility of the trial court judge to instruct the jury on the law. This includes both general instructions, such as the burden of proof being on the plaintiff in a civil case, as well as specific instructions that arise from the facts of the…

While it may be tempting to take a “wait and see” approach and hope for a settlement with a negligent party’s insurance company, it is unwise to wait until the last minute to contact an attorney if you believe you have grounds to seek legal redress for a civil wrong. When filing a lawsuit, time…