Articles Posted in Premises Liability

$425,000 Damages Award in Slip and Fall Case Affirmed by Massachusetts Court of Appeals
The Law Offices of John C. Manoog III

In a Cape Cod premises liability case, the plaintiff has the burden of proving that the defendant landowner or shopkeeper was negligent in maintaining its property. Of course, the defendant will likely deny that it should be held liable for the plaintiff’s slip and fall accident, pointing the finger back at the plaintiff for the…

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Massachusetts Supreme Judicial Court Says Bicycle Accident Case Against Utility Company Should Not Have Been Dismissed on Summary Judgment
The Law Offices of John C. Manoog III

All Massachusetts personal injury and wrongful death cases are subject to strict filing deadlines called “statutes of limitation.” Cases not filed within the time set forth by these statutes are almost always dismissed on procedural grounds. It is important to note that, in some cases, there may be other deadlines – sometimes, much shorter deadlines…

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Massachusetts Court of Appeals Affirms Summary Judgment to Insurance Company in Dog Bite Case
The Law Offices of John C. Manoog III

In a Cape Cod dog bite injury lawsuit, there can be a wide variety of issues. As always, the burden of proof lies on the party asserting the claim. Insurance coverage can be an issue in some cases. Depending on the facts, it may be the plaintiff, or it may be the defendant who is…

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Appeals Court in Massachusetts Considers Whether to Vacate $3.2 Million Default Judgment Against Allegedly Negligent Construction Company
The Law Offices of John C. Manoog III

Most Massachusetts personal injury lawsuits proceed in a back-and-forth fashion reminiscent of a tennis match. The plaintiff serves his or her complaint on the defendant, and then the defendant responds by filing an answer. The parties then file discovery requests, to which the opposing party files an answer. Motions may be filed, with responses thereto…

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Massachusetts Court Affirms Defense Judgment in Construction Accident Lawsuit
The Law Offices of John C. Manoog III

Construction site accidents are common in Cape Cod and elsewhere in Massachusetts. Unfortunately, legal claims arising from these types of on-the-job injuries can be more difficult to pursue than more traditional workers’ compensation cases. One reason for this is that those in the construction industry may be injured by someone other than his or her…

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Massachusetts Appeals Court Affirms Dismissal of Negligence Claim Against Gas Company Due to Lack of Timely Notice
The Law Offices of John C. Manoog III

If you are hurt because of a slip and fall-type accident in or around Cape Cod, do you know how long you have to file a claim against the negligent party who caused the condition that led to your fall? You may think you know, but, chances are, you only know part of the answer…

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Dismissal of Wrongful Death Suit Against Homeowners on Summary Judgment Affirmed by Massachusetts Court of Appeals
The Law Offices of John C. Manoog III

When someone is killed while working on another’s property, those left behind may wish to consider the possibility of filing a Cape Cod wrongful death lawsuit. Of course, the likelihood of success in such a case depends very much on the particular circumstances of the decedent’s passing. If the personal representative of the decedent’s estate…

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Massachusetts Court of Appeals Affirms Defense Verdict in Negligence Case Against Inn
The Law Offices of John C. Manoog III

There are many steps to receiving fair compensation for injuries suffered due to the negligence of others. The first step in a typical Cape Cod personal injury lawsuit is an investigation into the accident giving rise to the plaintiff’s claim. The case then proceeds through a phase called “discovery,” during which issues such as the…

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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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Neither “Controlled Affiliate” Nor Managing Agent of Housing Authority Are Public Employers Under Massachusetts Tort Claims Act
The Law Offices of John C. Manoog III

In most circumstances, a person who is harmed by the negligence of another party can seek monetary compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by the act of negligence. In the case of a public entity defendant, however, there are limitations on, among other things, the maximum amount of…

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