This is the first of a two part Blogpost,which looks at a Boston area personal injury case where the insurer avoided payment for an accident involving a youth soccer player injured by a goal post. PART ONE- THE UNDERLYING FACTS In this recent appellate decision, a participant in a Sudbury youth soccer…
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Liabiliity for Personal Injuries from Accidental Death of Teenager Greater If Andover Mother Was Present During Overnight Party
SOCIAL HOST LIABILITY – PART TWO This is part Two of a two part blogpost, in which Boston Personal Injury Lawyer, the attorney, analyzes liability issues in the recent drowning death in Andover, Massachusetts. It now appears that a parent was present in the Andover home where an overnight teenage party…
Boston Personal Injury Lawyer Analyzes Drowning Death of Wellesley Teenager: Were Absent Parents liable
SOCIAL HOST LIABILITY, PART ONE This is part One of a two part blogpost, in which Boston Personal Injury Lawyer, the attorney, analyzes liability issues in the recent drowning death in Andover, Massachusetts. In the early morning of February 16, 2009, sixteen year old Concord Academy student, Elizabeth Mun, was…
Employee’s Right to Benefits for Work Related Injury not Defeated by Pre-existing Condition if Employer Fails to Show that Earlier Injury was Predominant Cause of Disability says Massachusetts Appeals Court
A worker was entitled to medical and disability payments under the Massachusetts worker’s compensation statute for a work related injury even though there was evidence in his own medical record that he had a pre-existing back condition. The Massachusetts Appeals Court determined that the insurer for the employer had failed…
Downtown Boston Construction Accident Leaves One dead and One seriously Injured when Hydraulic Lift Topples to Ground
A serious and deadly construction accident, which took place in downtown Boston on Saturday, February 7, 2009, reminds of the dangers associated with construction related work, and in particular work being performed at high elevations using lift equipment. In the Saturday incident, a mobile lift toppled and fell into a…
Jury Award to Victim of Forklift Accident for $1.5 Million Upheld by U.S. First Circuit Court of Appeals
The wife of an employee who suffered injuries while operating a forklift, which resulted in his death, is entitled to keep an award of $1.5 million awarded by a jury who found that the manufacturer of the forklift beached a duty it owed to the subsequent users of the machine,…
Worcester Area Car Accident Reminds of Duty of Emergency Responder to Stop before Proceeding through Intersection
A January 22, 2009 collision between a police cruiser responding to an auto accident and a vehicle driven by an Auburn woman has reminded us of a law little known to most, which limits the unfettered rights of official vehicles responding to an emergency. While it is well known that laws require…
When Does an An Injury Arising out of an Intentional Act Mean No Insurance Coverage is Available for the Accident Victim
Accidents often arise out of situtions where someone’s conduct causes injury to another, and it appears that the act causing injury was carried out intentionally. The most obvious type of situation is an assault and battery. Someone hits you in the face with their fist and causes injury, requiring medical…
Personal Injury Claim Possible after Police Officer Allegedly Used Excessive Force in Detention of Woman in Prostitution Sting Says U.S. Appeals Court
A police officer who prevented an suspected prostitute from leaving a hotel by grabbing her in a hotel hallway and then detaining in her in a hotel room, after physically preventing her from leaving the premises, may be liable for personal injuries as the result of using excessive force, but not for…
Holiday Bonfires Pose Severe Risk as Evidenced by New Year’s Party in New Hampshire Where Three Woman Were Critically Burned
A severe fire related accident occurred as the new year struck in Freedom, NH. The location was a lakeside private home owned by one of the group, all recent graduates from Holy Cross College. The group was outside celebrating and had a bonfire going on an old grill. It appears…