Articles Posted in Negligent Security

Massachusetts Appeals Court Agrees with Lower Tribunal That Moving Company Could Not Be Held Liable for Employee’s After-Hours Sexual Assault on Non-Customer
The Law Offices of John C. Manoog III

There are four things that must be proven in a Cape Cod negligence case: duty, breach of duty, damages, and causation. “Duty” means that the plaintiff has to show that the defendant had an obligation to either act in a certain manner or refrain from acting in a particular way. “Breach of duty” occurs when…

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Massachusetts Court of Appeals Rules Against Insurance Company in Unfair Settlement Practices Lawsuit
The Law Offices of John C. Manoog III

Some Cape Cod personal injury cases are multi-faceted. In addition to pursuing several different theories of liability and/or naming several defendants in a suit, a plaintiff may also file multiple lawsuits in different courts, seeking different types of compensation, as the case progresses. For instance, a plaintiff may seek compensation for a business owner’s negligence…

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Massachusetts Court of Appeals Agrees That Summary Judgment Was Appropriate Following Stabbing in Theater Parking Lot
The Law Offices of John C. Manoog III

There are many different circumstances through which a Cape Cod premises liability lawsuit may arise. In a “slip and fall” case, a person may be injured due to a fall caused by a slippery substance on the floor of a grocery store or poorly constructed stairs outside a public building. If the property owner breached…

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Massachusetts Appeals Court Affirms Defense Verdict for Landlord in Negligent Security Case Arising from Stabbing – Wess v. Butterworth
The Law Offices of John C. Manoog III

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…

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Massachusetts Court Affirms $70,500 Judgment Against Bar Operators After Alleged Stabbing – Pena v. Pena
The Law Offices of John C. Manoog III

You may already know that business operators and landowners can be held liable for injuries that occur on their property. Slip-and-fall accidents (also called fall down accidents or trip and falls) fall under a category of negligence law known as premises liability. What you may not know is that businesses’ and property owners’ liability can…

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Massachusetts Anti-SLAPP Statute Did Not Protect Insurance Company That Failed to Make Reasonable Settlement Offer – Chiulli v. Liberty Mutual Insurance Company, Inc.
The Law Offices of John C. Manoog III

There are some cases in which liability is clear cut and the only real decision is the amount of the check that one party will write the other. In other cases, the issues are multiple, including who was at fault and to what degree. Recently, a Massachusetts appellate court was called upon to determine whether…

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Massachusetts Woman and Daughter Unintentional Recipients of Package Containing Marijuana – Tobin v. Federal Express Corporation
The Law Offices of John C. Manoog III

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…

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No Insurance Coverage Owed to Tavern in Massachusetts Inadequate Security Suit Falling Under “Assault and Battery” Exclusion
The Law Offices of John C. Manoog III

Massachusetts law requires property owners to keep their premises safe. When a business or homeowner breaches this duty and someone is hurt, the injured person can file a premises liability lawsuit seeking money damages. In a successful premises liability case, an injured person may be able to receive compensation for medical bills, lost wages, and…

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