Additional Information:

My family was boarding a ship for a local Boston whale watching tour when my daughter slipped on the wet walkway connecting the dock to the boat and suffered a knee injury. She had surgery and continues physical therapy.  One of the boat’s employees was approaching with a “caution- slippery” sign just as our daughter slipped and fell.  Do we have a personal injury case?  Would we look for a boating injury attorney even though we weren’t yet boarded?

ATTORNEY ANSWER:

Yes, you probably have a viable personal injury claim.  And, yes, you should consult with an attorney who practices maritime law.  Although your daughter slipped before she boarded the vessel, she was in the process of boarding and the dock appears to be under the control of the boat operator.  Therefore, aspects of maritime law may apply.  In addition, the dock owner might be a defendant as well for failure to maintain the dock.  Either or both the vessel owner or the dock owner will be liable for your daughter’s injuries if we can show either was negligent.  That is, if either failed to act reasonable, e.g. get those signs out faster, then she has a good case.  Like land based law, maritime law provides for a range of damages including medical bills (even if you have health insurance), lost wages and pain and suffering.  [Read more...]

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My daughter and I were involved in a car accident with a delivery truck while driving on the Mass Pike near Southborough.  My daughter suffered from a mild traumatic brain injury, broken nose, jaw and teeth and is having post traumatic stress.  I am having continued debilitating migraines and am being monitored by a neurologist.  What should I think about when I make a decision to  hire a personal injury attorney for this auto accident?

ATTORNEY ANSWER:

Hire an attorney who handles personal injury cases as his or her primary focus.  An attorney who dabbles in personal injury claims and especially in serious injury claims will likely not know how the insurer approaches a claim like yours. The experienced personal injury attorney knows if and when to file a lawsuit and if your condition is permanent, to have the appropriate medical evaluation.  [Read more...]

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I was involved in a car accident on Rte 135 in Ashland.  My car was struck from behind.  As a result of the auto accident my doctor has said I have 25% permanent partial  loss of function of lumbar spine.  What can I expect when I hire a auto accident lawyer?

ATTORNEY ANSWER:

A  permanent injury means you may seek money damages from a wrongdoer now that will take into account an injury that will continue into the future. These permanency damages are part of the total package your lawyer should send to the adverse insurer, including medical bills, lost wages, total and partial disability and a demand for settlement.

Many attorneys send in your information piecemeal to the insurer and then try to negotiate a settlement. A complete package sent to the insurer when you have finished your medical treatment with a final medical report from your doctor describing how any permanent injury effects you is the best  way to maximize a settlement.  [Read more...]

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Recently, I tripped and fell in a store in Dover.  There was loose carpeting and as a result of the accident, I injured my knee.  A witness told me she saw a few other shoppers who tripped over the carpet before me, which is right in front of the register.  I’ve had knee surgery and continue physical therapy.  Do I have a case against the store and can I sue for damages as I probably won’t be able to enjoy skiing as I have in the past?

ATTORNEY ANSWER:

Store owners are required to use reasonable care in providing a safe premises.  If the store owner or employee knew or should have known about  an earlier problem with the carpet that would be important for your attorney to point out that they failed to address a hazardous condition. If your doctor agrees you shouldn’t ski as a result of your injury; this becomes part of your damages along with your medical bills and lost wages.  [Read more...]

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In this market, we couldn’t sell our first home in Sherborn so we are planning to rent it.  Neither my wife nor I have ever been landlords.  With the winter snow and ice approaching, can you please explain Massachusetts law regarding snow and ice, slip and fall liability for a landlord?

ATTORNEY ANSWER:

Legal exposure for injuries resulting from slipping on snow and ice is an evolving area of the law.   Until recently, it was very difficult to prove these cases because our Supreme Judicial Court held that a land owner is not legally responsible for these injuries because ice and snow naturally falling from the sky was not considered a “defect” or hazardous condition.  That has now been changed.  The new rule is that a land owner must use reasonable care in maintaining the property.  This means that ice and snow must be addressed by the owner, but only reasonable care under the circumstances is required.  For example, if an ice storm occurs without warning in the middle of the night and the paper boy falls the next morning before you awaken, the lad probably has no case.  You didn’t act unreasonably under these circumstances.  As a landlord, it is crucial you inform your homeowner’s insurance company if you rent your property to another.  Ice and snow cases are covered by that insurance.  Further, best practices dictates that you require any tenant to purchase renter’s insurance which names you as an “additional insured.”  This type of inexpensive coverage will protect both you and your tenant if someone slips and falls on your property.  The fact that you have rented the house and no longer have direct control over the walkways and driveway does not insulate you from being legally liable or sued whether or not you did anything wrong.   [Read more...]

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My wife and I rented a home for a week’s vacation and invited some friends to enjoy the place with us. One of our friends tripped on a broken step, fell, and injured herself. She has medical bills and lost wages. As the home renter, am I liable for her injury claims, or is it the landlord’s liability?  Furthermore, we live in Framingham, MA but the house we rented is in NH. Does that matter?

ATTORNEY ANSWER:

You’ve raised several complex legal issues in your question, including jurisdictional, substantive and insurance.  First, jurisdictional:  because the injury occurred in New Hampshire, a Massachusetts court might not have the power to render a judgment against a NH landowner for an injury occurring in NH.  I say “might” because if the NH owner had sufficient contacts with MA, such as advertising on Boston Craig’s List, then, arguably, a MA court has jurisdiction.  Second, substantive:  a MA court would probably use or apply NH law because that’s where the injury occurred.  Laws differ state to state.  So, depending on the issues, a different result could happen might occur under NH law than under MA law.  Finally, insurance:  the owner’s home owner’s insurance should cover this accident.  And, yes, you could be sued as well even though you are not an owner.  You had control over the property at the time of the accident and that might be enough to “bring you in.”  Your homeowner’s insurance probably will NOT cover you.  Therefore, it is imperative you seek legal counsel so you may try to protect your assets.  [Read more...]

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My son was injured on a dinner cruise in the Boston harbor. He tripped on a threshold and was taken by ambulance to the hospital.  Because of this incident he has incurred $6000.00 in bills and he stills has scars on his head and legs.  He was very drunk and I think they should have stopped serving him drinks because he was clearly drunk.  Do we need a Boston boating personal injury attorney to fight a case  against the cruise ship company?

ATTORNEY ANSWER:

Yes, you may well have a viable claim against the cruise ship company.  A vessel owner, such as a cruise ship or whale watch company, has a duty or obligation to its passengers to use reasonable care in the operation of its vessel.  This duty of care includes not only driving or navigating the boat, but also in serving alcoholic beverages to the passengers.  If, as you claim, your son was “clearly drunk” then the ship violated its duty of reasonable care when it continued to serve him.   If your son was a minor, then the ship company may be liable even if he exhibited no outward signs of inebriation.  Note, however, you must still prove that the breach of duty by the ship owner caused the injury.  Proving causation is many times the most challenging part of a case and, therefore,  is best done by an experienced Boston boating personal injury attorney.

[Read more...]

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I was in a parking lot in Newton, MA pulling something out of the trunk of my car when I was hit from behind by another vehicle. Whose PIP benefits should pay for my medical expenses? Mine or the other vehicle? Technically, I was “outside” of my car.

ATTORNEY ANSWER:

Your auto insurance pays you PIP benefits for medical bills and lost wages when you are occupying your auto. Occupying is defined in the “easy to read” policy your insurer sends out as “in”, “upon”, “entering into”, or “getting out of”. You would be considered “upon” your car when pulling something out of your trunk and would receive PIP benefits from your own insurer. [Read more...]

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...]