Commuters who use public transit in Massachusetts should be able to count on a general level of safety while using the public services. Although not all accidents or injuries can be prevented, it is reasonable for members of the public to expect basic and consistent protections when using potentially dangerous transit services. Sometimes, mistakes are […]
On July 28, 2020, a Florida federal court ruling breached the central defense against claims certain military earplugs were defective, damaging the ear and causing hearing loss. The lawsuits claim the earplugs were improperly designed, and did not completely block loud noises common to the military, such as gunfire and or the operation of heavy […]
One of the most horrific mass shootings in the nation’s history occurred at Sandy Hook Elementary in Newtown, Connecticut. The shooter killed 20 children, all between the ages of 6 and 7, as well as 6 adults before killing himself. The families of those killed have brought a number of legal actions in response to […]
In a recent case before Massachusetts’s Supreme Judicial Court, the court was asked to clarify under what circumstances an injury victim was required to provide 30-day notice in cases involving road defects.
Some laws can lead to harsh results, but when courts apply these laws they generally do so because of an honestly held belief that they are enforcing the law exactly as it is written. In a recent slip-and-fall case before a Massachusetts appeals court, the court dismissed the claim even though the plaintiff claimed she could not have known who the responsible party was within the allotted time.
Unfortunately, bullying happens in schools all over Massachusetts every day. The Massachusetts Supreme Judicial Court issued a ruling earlier this year that clarifies who can be sued when a student suffers physical injuries from bullying. In the case at issue, an elementary school student was pushed down the stairs by a classmate in an act […]
A recent case arose from a bicycle collision on the Cape Cod Rail Trail between a child on a supervised school field trip and a passing cyclist. The injured cyclist and his wife appealed from a Superior Court judgment entered on the defendants’ motion for summary judgment, dismissing their negligence claims against the town of […]
A plaintiff filed suit for negligence under the Massachusetts Tort Claims Act (Act) against the Massachusetts State Police after being attacked by a trained police dog in a parking lot. A state trooper who was an experienced dog handler had been in pursuit of a criminal through that parking lot. The plaintiff sued the police, alleging that […]
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