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Cape Cod Injury Lawyer Blog

Massachusetts Court Discusses Evidence of Other Claims in Personal Injury Cases
The Law Offices of John C. Manoog III

Under Massachusetts law, people who suffer harm at work are generally precluded from seeking damages from their employer in a civil lawsuit. Instead, their only available remedy is workers’ compensation benefits. They can seek compensation from other parties whose negligence caused their harm, however. If they do, the defendant in the civil lawsuit may attempt…

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Court Explains Establishing Gross Negligence Under Massachusetts Law
The Law Offices of John C. Manoog III

People typically rely on police forces to keep their communities safe. While generally, the risk of harm is from outside sources, some people are in danger of injuring themselves. In such instances, if the police fail to perform their professional duties to stop a person from committing acts of self-harm, they could potentially be liable…

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Massachusetts Court Discusses Personal Injury Claims Arising Out of Harm on Planes
The Law Offices of John C. Manoog III

Passengers on flights are not exempt from harm, but it is not always apparent when and where their claims must be brought when their injuries are caused by another party’s intentional or negligent behavior. This was illustrated in a recent decision by a Massachusetts district court, which upheld the dismissal of the plaintiff’s claims due…

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Massachusetts Court Discusses Grounds for Changing the Forum of a Case
The Law Offices of John C. Manoog III

The right of a plaintiff to choose the venue in which to bring a personal injury case is well-established under the law. As a result, the ultimate issues of the case are normally decided by the court in the jurisdiction where the plaintiff files the lawsuit. However, in some cases, a defendant may argue that…

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Massachusetts Court Discusses Negligent Entrustment Claims
The Law Offices of John C. Manoog III

It is not unusual for people to lend their cars to acquaintances or family members. However, what appears to be a simple favor might unwittingly expose someone to liability. To put it another way, if the person renting the car is later involved in a collision, the vehicle’s owner may be held accountable for negligent…

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Massachusetts Court Discusses Choice of Law Considerations in Federal Cases
The Law Offices of John C. Manoog III

In many cases, a person who has been harmed by a dangerous product lives in a state other than the one where the product was created. As a result, if the aggrieved party chooses to sue the manufacturer for damages, the case may be filed in federal court. When determining blame in a product liability…

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Massachusetts Court Discusses Liability of Public Corporations
The Law Offices of John C. Manoog III

While parties can usually be held responsible for inflicting bodily harm on others, recovering damages might be difficult when the person who caused the injury works for a public employer, such as a city. Specifically, the Massachusetts Tort Claims Act (MTCA), guards public corporations from liability in a range of situations and places strict notice…

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Massachusetts Court Explains Jurisdiction Over an Out-of-State Vehicle Owner
The Law Offices of John C. Manoog III

People frequently allow their spouses to drive their cars without a second thought. If the spouse causes an accident, though, both the spouse and the owner may be held responsible for any injuries that arise as a result of the collision. Under Massachusetts law, though, liability will only be imposed on both spouses, if the…

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Massachusetts Court Explains Employer Liability for Intentional Torts
The Law Offices of John C. Manoog III

Generally, employees who are injured while on the job are limited to seeking workers’ compensation benefits, as the exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) precludes them from pursuing civil claims against their employers. There are exceptions to the exclusivity provision, however, that permit for the imposition of liability on an employer…

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Massachusetts Court Discusses Evidence in Personal Injury Matters
The Law Offices of John C. Manoog III

Those who are hurt on the job may be eligible to obtain workers’ compensation benefits. They may also be able to file civil claims for damages if their injuries were caused by someone other than their employer. During civil cases, defendants will commonly try to submit proof of the plaintiff’s payments from other sources, but…

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