Articles Posted in Negligence

Electricity is one of those things to which most of us give little thought – until something goes wrong. Unfortunately, things can sometimes go very wrong when a power company acts negligently, sometimes triggering a Massachusetts personal injury or wrongful death lawsuit. Governmental tort liability, including the possibility of immunity from suit, can be an…

There are many procedural hoops that must be jumped through in order for a person injured by an act of medical negligence to be successful in a Cape Cod medical malpractice lawsuit. While potential pitfalls are common in the area of negligence law, this is particularly so in claims against doctors, hospitals, nurses, and so…

In personal injury and wrongful death cases, there are sometimes multiple theories of liability. In a Cape Cod product liability case, for instance, the plaintiff may allege that the defendant manufacturer was negligent in the design of an unreasonably dangerous product and that the defendant should be held accountable for its failure to warn the…

Approximately seven out of every 10 Americans take a prescription medication. While the majority of these drugs are reasonably safe (virtually every medicine has some side effect), there has been a trend in recent years for drugs to be put on the market before the full effects are adequately studied. A number of Massachusetts product…

Bullying is a terrible problem in schools these days. Sometimes, a Massachusetts personal injury or wrongful death claim can arise from injuries caused by bullies. While each case stands on its own facts, a common issue in such cases is, “is the school liable?” In a case that made its way all the way to…

Filing a claim for medical negligence in Cape Cod or elsewhere in Massachusetts can be a complicated endeavor. It pays to talk to an attorney as soon as possible after suspecting that you or someone close to you has been hurt by an act of medical malpractice. It takes a considerable amount of time to…

Unlike car accident or slip and fall cases, Cape Cod medical malpractice lawsuits require that the plaintiff make an offer of proof before a special tribunal. If the tribunal does not find that the plaintiff’s offer is adequate, the plaintiff may post a bond within a certain time period, or he or she may appeal…

A Cape Cod product liability case can arise from many different types of products and can involve several different theories of liability. Claims of strict liability, negligence, defective design, manufacturing defect, breach of warranty, or failure to warn may be alleged, depending on the circumstances. Since product liability lawsuits are subject to both a statute…

When someone leaves the scene of a Massachusetts car accident that results in property damage or personal injuries, he or she can be subject to both a fine and possible imprisonment. A civil negligence case is also a possibility, if the person who was hurt or whose vehicle was damaged in the crash is able…

The fact is, most Massachusetts car accident cases settle out of court, even though the litigants in such cases have a right to have a jury decide the merits of their claims (and defenses). There are many reasons for this, including the costliness and time involved in a jury trial. Additionally, when a case settles,…