Articles Posted in Personal Injury

While typically, people can be held liable for causing bodily harm to another individual, when the person who causes an injury is employed by a public employer, such as a city, recovering damages can be complicated. Specifically, the Massachusetts Tort Claims Act (MTCA) protects public corporations from liability in many instances and imposes strict notice requirements that potential claimants must comply with. In a recent Massachusetts opinion, a court discussed what constitutes sufficient notice of a potential tort claim pursuant to the MTCA in a matter in which the plaintiff suffered injuries during an arrest. If you suffered harm due to someone else’s negligence, you could be owed damages and should speak to a Massachusetts personal injury attorney as soon as possible.

The Plaintiff’s Harm

It is reported that the plaintiff was driving home from work when he was pulled over by a police officer employed by the defendant city, based on an anonymous tip that the plaintiff had a gun. The officer forcibly removed the plaintiff from the vehicle, forced him to the ground, and stepped on his neck, collarbone, and shoulder, causing him to sustain a fracture. After the police failed to find a gun in his vehicle, the plaintiff was released.

Allegedly, the plaintiff filed a lawsuit against the defendant setting forth numerous claims, including negligence pursuant to the MTCA. The defendant filed a motion to dismiss, arguing that the plaintiff failed to provide it with the proper notice required by the MTCA. Upon review, the court ruled in favor of the plaintiff. Continue reading →

In Massachusetts, a person that suffers harm due to someone else’s negligence can pursue damages from the negligent party in a civil lawsuit. Additionally, if the negligent party was working on behalf of another individual or entity, the company that employed the negligent party may be held liable as well. Recently, a Massachusetts appellate court explained when an employer might be held liable for an employee’s actions in a case in which the employee assaulted a customer.  If you suffered injuries due to the acts of an employee of a company, you should speak to a vigilant Massachusetts personal injury attorney to assess what parties may be liable for the harm.

Case History

Allegedly, the plaintiff was assaulted by an employee of the defendant. The employee had driven a rented truck to Massachusetts to move a customer for the defendant but was not working at the time of the attack. The plaintiff and her husband filed a lawsuit against the defendant, alleging claims of negligent hiring, supervision, and retention. The defendant filed a motion for summary judgment, arguing that it should not be liable for the plaintiff’s harm because the harm was not a foreseeable consequence of the assailant’s employment. The court granted the defendant’s motion, and the plaintiff appealed.

Employer Liability for the Acts of an Employee

Under Massachusetts law, a plaintiff alleging negligence must provide evidence demonstrating that the defendant owed a duty to the plaintiff to act with reasonable care, but that the defendant breached the duty, and damage resulted in that was caused by the breach. In the subject case, the appellate court found that the defendant breached the duty to inquire into the assailant’s background prior to hiring the assailant. Further, a background check would have revealed that the assailant had an extensive criminal history, including multiple felonies. Additionally, the appellate court noted that the defendant violated its own policy in failing to conduct a background check.

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In Massachusetts, if an employee suffers an injury in the workplace, the employee is typically limited to pursuing a workers’ compensation claim to recover compensation for his or her harm. If the person that suffers an injury while working is not an employee, however, he or she may be able to pursue a claim for damages if the injury was caused by another person’s negligence. As explained in a recent Massachusetts case, though, a person that employs an independent contractor generally cannot be held liable for injuries caused by the negligent acts of the contractor. If you suffered harm due to someone else’s negligence, you may be able to pursue a claim for damages and should consult a trusted Massachusetts personal injury attorney to discuss your harm.

Facts of the Case

It is reported that the defendant homeowner hired a general contractor to perform renovations on her home. In turn, the general contractor hired the plaintiff, a subcontractor, to assist with the project. During the project, the plaintiff severed his thumb while using a table saw he owned. The plaintiff then filed a negligence claim against the defendant, arguing she negligently caused his injury by failing to provide a safe construction area. The defendant filed a motion for summary judgment, which was granted by the trial court. The plaintiff appealed, and on appeal, the appellate court affirmed the trial court ruling.

Employer Liability for Harm Caused by an Independent Contractor

In part, the plaintiff alleged that the defendant should be held liable for the plaintiff’s harm because the defendant retained control over the project. Generally, a person that employs an independent contractor will not be deemed liable for any harm negligently caused by the independent contractor. In other words, the independent contractor’s work should be considered his or her own enterprise, and the independent contractor should be charged with the duty of preventing harm to others.

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When people decided to attend college, they generally assume that whatever school they attend will provide a safe environment. Thus, in some instances in which a person suffers injuries while attending a university, the school will be deemed accountable. Liability will not be imposed in all instances, however, but only when the harm suffered is foreseeable, as discussed in a recent Massachusetts case. If you suffered harm due to the negligence of another party, you may be able to recover compensation and should consult a knowledgeable Massachusetts personal injury attorney to discuss your potential claims.

Facts Regarding the Plaintiff’s Harm

It is reported that the plaintiff, who was a freshman at the defendant university, attended a party with a male freshman that lived in her dorm. The party was hosted by a resident assistant from another dorm. While at the party, the plaintiff became extremely intoxicated and vomited several times. The male freshman offered to walk the plaintiff home, and she accepted. They ultimately ended up in the male’s room where they engaged in sexual intercourse. The plaintiff vomited while in the male’s room.

Allegedly, the following day she reported that she would not have engaged in sexual activity with the male if she had been sober. The male was eventually charged with sexual assault. The plaintiff then filed a lawsuit against numerous parties, including the defendant university. Specifically, among other things, the plaintiff alleged the defendant was negligent for failing to protect her from the assault. The defendant moved to have the plaintiff’s claims dismissed via summary judgment. The trial court granted the motion, and the plaintiff appealed.

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In many instances in which a person is harmed by a corporation, the person will be a citizen of one state, while the corporation will be recognized as a citizen of another state. Thus, in many cases in which a plaintiff seeks damages from a corporation, the case will either be filed in or removed to federal court. Simply because a case is filed in or removed to a federal court does not mean that the court can properly exercise jurisdiction over a matter, however. This was discussed in a recent Massachusetts case in which the District Court assessed whether it had sufficient grounds to exercise jurisdiction over the corporate defendant under the Massachusetts long-arm statute. If you sustained harm due to corporate negligence, it is prudent to meet with a skillful Massachusetts personal injury attorney to discuss what compensation you may be able to recover.

Factual Background

It is reported that the plaintiff’s decedent used the defendant’s cleaners and solvents for automobile parts throughout the duration of his career as a mechanic in Florida. He subsequently was diagnosed with myelodysplastic syndrome and leukemia, which he ultimately died from. The plaintiff then filed a lawsuit against the defendant in Massachusetts state court, alleging the defendant knowingly sold products that contained carcinogens, and that the decedent’s exposure to those products ultimately resulted in his death. The defendant removed the case to the District Court and then filed a motion to dismiss. On review, the court denied the defendant’s motion.

Jurisdiction Under the Massachusetts Long-Arm Statute

For a court to exercise personal jurisdiction over a defendant, a plaintiff must first satisfy the Massachusetts Long-Arm Statute (the Statute). Under the Statute, a court may exercise personal jurisdiction over a company that has its principal place of business in Massachusetts or causes a tortious injury in Massachusetts, either directly or through an agent. A plaintiff alleging jurisdiction based on a tortious injury must demonstrate that a tortious act occurred in Massachusetts. A court evaluating where the harm occurred will assess whether the defendant’s contact’s within the state should be considered the first event in a chain of events that led to the plaintiff’s harm.

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Passengers of planes are not immune to injury, but when their injuries are caused by another party’s intentional or negligent act, it may not always be clear when and where their claims must be filed. This was demonstrated in a recent ruling issued by a Massachusetts district court, in which the court affirmed the dismissal of the plaintiff’s claims due to the plaintiff’s failure to file an action within the time constraints set forth under the Montreal Convention, which establishes the requirements for pursuing certain claims against airlines. If you were injured during a flight, it is advisable to speak to a skillful Massachusetts personal injury attorney regarding what steps you may be able to take to protect your interests.

Facts Regarding the Plaintiff’s Harm

It is reported that the plaintiff, a Massachusetts resident, embarked on a flight on a plane owned by the defendant airline. The flight departed from Boston and landed in London the following day. During the flight, a flight attendant accused the plaintiff of stealing luggage. Thus, without the plaintiff’s consent, his belongings were searched, and he was detained on the plane after it landed, and in the airport in London until it was determined he did not take the missing luggage.

Allegedly, approximately three years later, the plaintiff filed a lawsuit against the defendant in a Massachusetts court, which the defendant moved to the district court. The defendant then filed a motion to dismiss, arguing that the plaintiff’s claims were governed exclusively by the Montreal Convention, and were therefore barred by the applicable statute of limitations. The district court agreed with the defendant’s reasoning, granting the motion. The plaintiff then appealed.

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