The short answer: it depends if you want it to or not. Most cases involving personal injury such as motor vehicle auto accidents are resolved before trial. The reason most cases settle before trial is that jury, as well as bench trials (a judge decides the case outcome), are so uncertain. Their outcomes are so […]

Boston homeowners are now required to remove snow and ice from sidewalks abutting their property. Failure to do so may result in civil penalties. Here is a link to this new ordinance which will likely, if complied with by Boston homeowners, substantially reduce the incidence of slips and falls in Boston. Here is a link […]

If you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam). This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states: “When the mental or physical condition (including the blood group) of a […]

Here are some various notice requirements in Massachusetts that you must be aware of if you have been injured: Defects in public way causing personal injury or property damage – 30 days; Snow or ice on a public way or private property causing personal injury or property damage – 30 days; Ski area operators’ negligence […]

If you have tripped or fallen on a Boston sidewalk or street, and sustained injury, you face a grim reality. G L c. 84, Sec. 15 places a $5000.00 cap on these claims. That is right!  No matter how serious your injury, how much your medical bills amount to, and how much in lost wages […]

I am pleased to announce the launch of my third blog, The Massachusetts Slip and Fall Information Blog which like this blog, is aimed at informing Massachusetts injury victims of their rights and remedies following an accident. But this new blog will be more nuanced and will concentrate solely on Massachusetts slip and fall law. I […]

It is not easy to have success with a snow and ice, slip and fall claim in Massachusetts. The reason is that you have to show there was an “unnatural accumulation” of snow and ice that caused your accident. There are three ways under Massachusetts law to show an “unnatural accumulation” of snow and ice. They are: That […]

Slip and fall cases are tough to win in Massachusetts. Often, an insurance company will deny a slip and fall claim because it feels that the victim caused the accident and was alone responsible for the loss. In order to defeat this notion, it is often important to hire an engineer who, through testing, photography and […]

The Supreme Judicial Court of Massachusetts recently altered the law surrounding slip and fall accidents. Under the traditional approach, a storeowner would only be liable if there was notice of the dangerous condition that caused the injury. Notice could be shown in one of three ways. First, that the owner created the dangerous condition. Two, that the owner knew […]

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A. Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers. It is written in a way which makes the law a little less confusing and easier to understand. It is a FREE monthly […]