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Private Security Guards’ Treatment of Homeless & Vicarious Liability
The Boston Globe recently exposed a troubling and systemic pattern of private security guards abusing the homeless at TD Garden in Boston. In the wake of a recent assault on a disabled homeless man, private security guards who patrol TD Garden can no longer eject homeless people from the premises. State MBTA Transit Police will […]
Burn & Fire Hazards Result in Recall of Polaris’ Sportsman 850 and 1000 All-Terrain Vehicles
Polaris Industries has issued a recall of approximately 19,200 all-terrain vehicles (ATVs) in the wake of fire and burn hazards. The affected models for the latest recall include the 2015 and 2016 Sportsman 850 and 1000 models. In September 2016, Polaris recalled 53,000 vehicles after receiving numerous reports of vehicle fires resulting in injuries to […]
Homeopathic Teething Tablets Pose Serious Danger to Babies
The U.S. Food and Drug Administration recently announced that an investigation revealed inconsistent amounts of belladonna, a toxic substance, in certain homeopathic teething remedies. In many instances, the level of belladonna greatly exceeded the amount claimed on the labeling. The FDA issued a warning to consumers stating that the teething tablets pose a major risk […]
What Elements Must a Plaintiff Prove in a Personal Injury Case?
If you have been injured in an accident, you may be wondering, “What do I have to prove to win compensation for my losses?” There are four basic elements that you must prove: The defendant owed you a duty of care — Basically, this means the defendant had a responsibility imposed by the law to […]
Comparative Negligence in Massachusetts
It is not unusual for the defendant in a car crash case to claim that the injured plaintiff was careless and bears some or all of the responsibility for the accident. Under Massachusetts law, the defendant has the burden of proving this contributory negligence, just as the plaintiff has the burden of proving the defendant’s […]
Defective Highway Design a Factor in Wrong Way Deaths
In late October five individuals were tragically killed when a wrong-way driver crashed head-on into another vehicle on Interstate 495 in Middleborough, Massachusetts. While the affected communities continue to mourn the traffic loss of life, alterations in signage and design changes to highway ramps could reduce the likelihood of future occurrences. Federal highway safety statistics […]
Personal Injury Statute of Limitations in Massachusetts
If you are injured in an accident, your right to sue does not last forever. The statute of limitations is a law that places time limits on different causes of action. There are many sound reasons for such limits. Over time evidence degrades and disappears. The memories of witnesses fade, or the witnesses could pass […]
Manufacturer Cuts Costs to Increases Profits and this Leads to Needless Deaths and Injuries
At least 14 people have been killed and more than 100 have been injured by faulty inflaters made by Takata, a small Japanese airbag manufacturer. More than 100 million of Takata’s airbags have been installed in cars in the U.S. by General Motors and 16 other automakers. According to a recent New York Times profile, […]
When Do Driving Conditions Become a Factor in an Accident?
The key to whether a driver is legally responsible for having caused an accident is usually negligence. When one driver sues another for damages, the court inquires as to whether the defendant driver was careful or careless. The answer depends upon whether the facts show the defendant’s behavior was reasonable or unreasonable under the circumstances. […]
Boston Globe Exposes Nursing Home Neglect Resulting in Death
The Braemoor Health Center in Brockton, Massachusetts was the recent subject of a damning Boston Globe report which exposed the nursing home’s horrid state of affairs. Among other things, the report details the tragic death of a dementia patient from a heart attack. The nursing home’s nurses and health aides lacked the training to revive […]