Articles Posted in Negligence

The idea of holding a person, business, or government accountable for harm that can be felt but not seen is nothing new. For instance, there have been a number of successful lawsuits filed by farmers who claimed that stray voltage harmed their dairy cattle and consequently their bottom lines. Now, a Massachusetts family has reportedly…

While negligence law generally serves to hold those who owe and breach a duty of care to others responsible for any resulting harm proximately caused by the breached duty, this is not always so for governmental entities such as cities, towns, and states. Under the doctrine of sovereign immunity (sometimes expressed as “rex non potest…

In a court of law, there are many different roles – judge, attorney, court reporter, bailiff, juror, etc. Each person has a specific job, and the sanctity of the legal system depends upon each job being carried out correctly. While the judge is charged with the responsibility of interpreting the laws and ruling on the…

You may already be aware that certain filing deadlines, called statutes of limitations, limit the time that an injured person has to file suit against the responsible party. What you may not know is that there are other time limits that must be complied with in certain situations, and the failure to comply with such…

Many people are surprised to learn that, just because you “have insurance,” this does not necessarily mean that you have coverage in all circumstances. Insurance policies are contractual in nature, and you only get what you pay for. Sometimes, there are exclusions that result in a lack of coverage in particular situations. For this reason,…

Medical malpractice lawsuits require an exhaustive review of a patient’s medical records to determine whether an error was made and, if so, whether that error caused harm to the patient. Initially, an expert witness renders an opinion on these issues. Next, a medical malpractice tribunal reviews the case to decide whether the patient has presented…

As evidenced by the steady stream of product recalls these days, there are a great many products on the market that have the potential to harm us. Products liability laws exist to protect those who are hurt by unreasonably dangerous or defective products. Unfortunately, asserting a claim for products liability against the maker, seller, or…

Last month, Massachusetts Senator Ed Markey’s office released a report entitled “Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk.” The report details the vulnerabilities that are becoming more and more commonplace as technology such as wireless data collection, navigation systems, safety monitoring tools, and remote access make their way into automobiles.…

In the case of Barraford v. T&N Limited, the plaintiff was the executrix of a man who had died from mesothelioma in 2002. Believing that her husband’s death was the result of his exposure to asbestos, the executrix filed suit against several asbestos manufacturers in 2004. She did not include the defendant manufacturer in her…

Most of us can relate to the surprise and excitement brought on by an unexpected package. What could it be? A gift sent by a loved one? An item we ordered some time ago and forgot? The possibilities delight us, until we can stand it no more and rip into the package to see what…