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Cape Cod Injury Lawyer Blog

Massachusetts Court Discusses Liability for Harm Suffered on Another Party’s Property
The Law Offices of John C. Manoog III

Property owners have a general obligation to ensure that persons who legally enter their buildings are not exposed to hazardous conditions. If they fail to do so and people suffer injury as a result, they can be held accountable for damages in a civil case. However, as stated in a recent ruling delivered in a…

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Massachusetts Court Explains How to Establish Liability in a Slip and Fall Accident
The Law Offices of John C. Manoog III

Fast food businesses serve a high volume of customers each day, and it’s not uncommon for trash or spills to accumulate on the ground. As such, people often slip and fall on transient substances on the floors of fast food establishments and suffer injuries. In many cases, a person hurt in an accident at a…

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Massachusetts Court Explains the Scope of Discovery in Federal Litigation
The Law Offices of John C. Manoog III

Ride-sharing companies generally maintain that the people who drive on their behalf are independent contractors, not employees. As such, if a person working for a ride-sharing company causes an accident, the company must likely will deny that it is vicariously liable. Discovery is critical in such cases, and it allows plaintiffs to obtain information that…

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Court Discusses Claim Preclusion Under Massachusetts Law
The Law Offices of John C. Manoog III

Smoking is a deadly habit, and thousands of people die from smoking-related illnesses each year. People in modern society generally understand cigarettes to be dangerous, but in prior times the risks associated with smoking were less clear. As such, in the late 1990s, the Attorney General filed a complaint against cigarette manufacturers and obtained substantial…

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Massachusetts Court Discusses Premises Liability Claims Against the Federal Government
The Law Offices of John C. Manoog III

Many of the same obligations apply to businesses run by federal agents as they do to non-public corporations. For example, if a person is injured at a government building due to a slip and fall accident, the person can file a premises liability claim against the federal government. A Massachusetts court recently clarified what a…

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Massachusetts Court Discusses Negligent Entrustment Claims Against a Car Owner
The Law Offices of John C. Manoog III

A person who lends a vehicle to a dangerous driver in Massachusetts may be found negligent if the driver causes a collision that results in bodily injury. However, there are specific requirements that a plaintiff must meet in order to demonstrate an automobile owner’s culpability for an accident. A Massachusetts court recently considered the negligence…

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Massachusetts Court Discusses Claims Under the Montreal Convention
The Law Offices of John C. Manoog III

International travel is available on several of the airlines that serve Massachusetts. As a result, if a passenger is hurt while flying or disembarking from a plane, it may be difficult to determine whether the airline is liable under US law. In many cases, the Montreal Convention applies, and in order to receive damages, a…

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Massachusetts Court Discusses Pleading Requirements in Federal Cases With State Law Claims
The Law Offices of John C. Manoog III

Every day, people in Massachusetts are harmed by defective products. As a result, numerous people around the state file product liability cases in an attempt to hold parties who sell unsafe items accountable. In many cases, such lawsuits allege that both state and federal laws have been broken. A Massachusetts court recently reviewed the pleading…

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Court Discusses Liability Under Massachusetts’ Dog Bite Law
The Law Offices of John C. Manoog III

Massachusetts, like many states, has a “dog bite” law that holds people strictly liable for any injuries their dogs cause innocent people to suffer. While the dog bite law does not require an injured party to establish negligence to recover damages, it does require proof of other elements, like ownership. In a recent opinion, a…

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Massachusetts Court Discusses Exclusivity Provision of the Workers’ Compensation Act
The Law Offices of John C. Manoog III

In Massachusetts, people hurt at worker can often recover workers’ compensation benefits but are barred from pursuing personal injury claims against their employer by the exclusivity provision of the Workers’ Compensation Act. While the Act may ultimately bar a plaintiff’s claim against her employer, however, a defendant may not be able to prove that it…

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