Additional Information:

I slipped and fell on a puddle of water in the bathroom of a Framingham grocery store.  I have 2 hairline fractures in my hip and one in my shoulder. There was no “caution/ wet floor” sign and there was one witness.  Do I have a personal injury case?

ATTORNEY ANSWER:

Yes, you may have a case.  The grocery store, like all other businesses open to the Massachusetts public, must use “reasonable care” to maintain their property.   Also, a business must warn customers (or anybody lawfully on the premises) about defects such as water on the floor that the business actually knows about or should know about.  In your case, you would be required to prove that the water was on the floor long enough before you slipped that the store should have known about it.  This requires a thorough investigation of the source of the water, the store’s policies and procedures to inspect the bathrooms, etc.  The failure of the store to employ a caution sign may or may not matter.  If for example, the water was left by a customer mere seconds before you entered the bathroom, it is not reasonable to expect the store to learn of the spill and place signs.  If, on the other hand, it appears that the store failed to use reasonable care under the circumstances of your case, e.g., the water you slipped in was very discolored from many other customer’s shoes (indicating the water was present for some time), then you potentially have a winning case.  Note:  your money damages are determined by the nature and extent of your injuries, not from the fact that the store may be legally culpable or failed to use reasonable care. [Read more...]

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A furniture delivery guy came to my house in Framingham last week.  My dog got out of the bedroom and jumped on him.  My dog bit his leg and knocked the guy over. He fell and banged his head on a table.  I’m worried he might sue me.  Would he have a case?

ATTORNEY ANSWER:

Yes, the delivery person will have a case if he suffered bodily injuries or other damages.    In Massachusetts, dogs have their own statute.  Several decades ago the Massachusetts state legislature enacted a written law–a statute–that makes the owner or “keeper” of a domestic dog “strictly” liable for any injuries the dog may cause.    A “keeper” is simply a person who has control over the animal at the time of an incident.  “Strict” liability means that an injured person is not required to prove that the owner or keeper was negligent or did anything wrong.   The statute only requires that the dog injure a person.    The few defenses available to the owner or keeper of a dog include trespass or teasing the dog (except a minor under seven years old.)  For example, if a trespassing burglar is attacked by your guard dog, the felon is not going to get the benefit of the Massachusetts dog statute.  One other important point:  your homeowner’s insurance policy will normally cover these types of cases.  The injury caused by your dog need not occur on your property.  If you are walking your dog in the park and he injures someone, your homeowner’s insurance usually will pay any damages on your behalf.

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The other driver was at fault and was issued a citation.  I had to go to the emergency room after the accident and I still have back and neck pain.  Who will pay my medical expenses and what legal steps do I now take?

ATTORNEY ANSWER:

You have rights under your own policy called “no-fault” benefits to pay medical bills and lost wages.Your insurance company will get their money back from the at- fault insurer. Since you’re not at fault you are entitled to a claim against the at fault insurer if your medical bills are at least $2000.00. The at-fault insurer is required to pay the damage to your car (or reimburse your insurer if you have collision coverage).   As a client of Krasnow, Keller, & Boris we notify both insurers and and provide them with the information they require to process your claim. You concentrate on getting better. [Read more...]

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I was rear-ended by a delivery truck in Marlborough of a pretty large Massachusetts based company and my neck was injured in the accident.  I got the name of the driver and the insurance information but was curious about the liability of the company. Who is liable- the driver? the company or both? I already went to the doctor and am seeing a chiropractor now. Thanks.

ATTORNEY ANSWER:

When you’ve suffered personal injuries due to the fault of someone else,  that person is responsible to pay you damages for your injuries.  If the wrongdoer is an employee working for an employer or company when he or she causes the injuries, then the employer or company may also be held responsible if the employee was acting in the course and scope of his job at the time of the accident.  If so, then the employer is liable together with the employee.  Note, however, that you only collect your damages once.  That is, the insurance company that pays you damages on behalf of the employee and/or employer only pays for your damages once even if both the employee and employer are both at fault (for example an employer fails to fix the brakes on a delivery truck and the driver fails to pay attention while operating the defective truck and strikes you.)  Note also that even if the employee is attending to his own business while working (such as stopping at the bank to cash a personal check), the employer will be held liable as long as the employee is in the process of “substantially furthering” his or her employer’s business.  [Read more...]

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Can I get my lost wages as damages under Massachusetts law in a personal injury lawsuit?  I’ve missed so many days of work because of severe back problems that resulted from the car accident. I’m in the process of finding an attorney, but I was curious about this because it’s really eating into my income (I am out of sick days now).

ATTORNEY ANSWER:

When you’re injured in an auto accident in Massachusetts whether in a car, on foot or on a bicycle you are entitled to Personal Injury Protection benefits (also known as “No- Fault” benefits) which will pay you up to $8000.00 in lost wages.

These benefits are payable to the driver of the insured vehicle even if he/she was at fault.  Paperwork must be completed and your attorney must be knowledgeable in coordinating these payments with your medical bills. An insurer may pay medical bills out of this part of the auto policy, lowering what is left to pay lost wages. If you have Health Insurance this also must be taken into account.  Your attorney must know the Massachusetts auto law inside and out so you can receive the benefits you are entitled to. [Read more...]

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I was injured in Newton from a pretty seriously in a car accident on a residential street. I’ve read an article on selecting a personal injury lawyer, but I am feeling rushed and confused. I’ve been contacted by someone who I think represents an injury attorney. She said I should hire an attorney fast.  What’s the statute on limitations to file a personal injury claim?

ATTORNEY ANSWER:

While it is important to contact an personal injury attorney soon after an accident, you should not be rushed into a decision. You need to hire the right person for the job.  You should talk to an attorney who concentrates in personal injury cases, not someone who does this work “on the side” while handling other areas of the law in their office.

Massachusetts allows three years in most situations (statute of limitations) before your personal injury case ceases to exist unless it is filed in the appropriate court. There are situations where notice must be given well before three years goes by and in at least one type of case, within thirty days of an incident.  At Krasnow, Keller & Boris P.C. you are hiring an attorney with 30 years experience in personal injury. We investigate the incident that caused your injury promptly, and keep you advised every step of the way. [Read more...]

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My sister suffered from a pretty bad injury to head and neck after a boating accident in Boston harbor.  She was riding as a guest when her boat collided with another boat driven by a stranger. With this type of injury are the laws any different?  Do we do anything different other than talking to a personal injury lawyer?

ATTORNEY ANSWER:

Yes, we suggest you consult with an attorney who practices not only personal injury law, but maritime or what is known as Admiralty law as well.  Although a boating accident does have many things in common with a car accident or a slip and fall, there may be significant differences.

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ATTORNEY ANSWER:

Under the old Massachusetts law, a property owner was not liable if a someone slipped and fell on ice or snow while lawfully on the property if the ice or snow had accumulated “naturally” or unchanged from how if fell from the sky.  This meant that as long as a property owner did not change the ice or snow by shoveling it for example, and it remained in its natural condition, there usually was no legal responsibility if someone slipped and fell.  However, a recent Supreme Judicial Court case has now changed the law.  Presently, a land owner may be legally liable if someone lawfully on the premises slips and falls on ice or snow.  The Court eliminated the distinction between “natural” and “unnatural” accumulations of ice or snow and ruled that our courts must now apply to hazards arising from snow and ice the same obligation to use reasonable care that a property owner owes to all lawful visitors as to all other hazards such as broken steps, burned out lights, etc.  The bottom line is that Massachusetts property owners must use reasonable care to remove or treat snow and ice on their properties.  Of course what is reasonable will vary by the circumstances. [Read more...]

Additional Information:

I recently suffered an injury in a car accident on Route 9 in Wellesley. In general, under Massachusetts law, how do I know if I can sue for damages?

ATTORNEY ANSWER:

Although Massachusetts is a “no fault” state when it comes to automobile accidents, this is really only part of the story.  If you are injured as a result of a motor vehicle accident in Massachusetts you may bring a claim or lawsuit against an at fault party if you meet certain criteria including death, suffering a fractured bone, permanent scaring or incurring at least $2,000.00 in reasonably related medical bills.  Many times a trip to the hospital Emergency Room via ambulance results in medical bills exceeding $2,000.00.  Assuming you have a claim, we may seek money damages for you that include only the cost of past and future medical care, but lost wages or other income, as well as pain and suffering and emotional distress.  If others who are dependent on you suffer as well, we may be able to obtain “loss of consortium” damages for them as well, even if they were not with you at the time of the injury. [Read more...]