Cape Cod Injury Lawyer Blog

On April 10, 2014, the Supreme Judicial Court of Massachusetts decided on a strict liability case, Sheehan v. Weaver, where an apartment renter fell from a two story apartment staircase when the guardrail broke. Strict liability is a statutory tort that allows a plaintiff to hold a person liable for injuries regardless fault. The question…

When most people are in a car accident, they expect that their automobile insurance will cover their injuries. However, when an accident happens, some people are surprised to learn that their own insurance company might try to deny payments. Insurance companies consider their shareholders and the bottom line. They know how to manipulate the law…

This may come as a surprise but a recent insurance company survey has ranked Massachusetts drivers as among the best and safest drivers in the nation. However, the survey also ranks Massachusetts as one of the worst when it comes to drunk driving fatalities. An annual survey by Car Insurance Comparison.com ranks the worst drivers…

Hyannis and Portsmouth communities know that accidents may happen while at work, and they know worker’s compensation laws will help them with their injuries and loss of work. However, not all workplace injuries are caused by accidents and may be caused by the willful and malicious acts of another person. Some jobs deal with violent…

Steering Column When we get in our vehicles and drive on Massachusetts’ roads, we do not expect that our vehicles may cause us injury. However, GM has recently come under fire for a faulty ignition switch that has been linked to at least 12 deaths and more than 1.6 million vehicles recalled. The problem comes…

Massachusetts requires that all medical malpractice claims go through a medical tribunal under Massachusetts General Laws Chapter 231 § 60B (“§60B”) to review the claims and decide whether medical malpractice occurred. As an example, a recent Massachusetts appeals court decision ruled that a medical malpractice plaintiff did not bring sufficient evidence to allow the case…

In the age of social media, it is critical that lawyers warn their clients about the legal consequences of sharing information. A Florida Court, the Third District Court of Appeals, ruled that an age discrimination plaintiff will not receive his $80,000 settlement due to a post his daughter made on Facebook. While in the middle…

Last year the Supreme Judicial Court of Massachusetts made an important ruling about wrongful death and survival claims in Klairmont v. Gainsboro Restaurant, INC. The ruling clarified whether loved ones could bring a survival action under Massachusetts consumer protection act, Massachusetts General Laws Chapter 93A § 9 (“c. 93A”). Any time families lose a loved…

Everyday we purchase products, and when we purchase these products we expect that they are safe and will not cause us injury. These injuries can come from the everyday hazards of life; however, sometimes the injury comes from an inherent defect in the product we purchased. If you have been injured by the failure of…

As difficult as this may be to read, do not yet put away the snow shovels. The recent snow storms and bitter cold show that Cape Cod still has some winter left. Even Punxsutawney Phil predicted another six weeks of winter. Property owners have a duty of care to maintain their property in a safe…