Additional Information: 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,

Additional Information: 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

Additional Information: 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. 

Additional Information: 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.

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

Additional Information: 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

Additional Information: 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

Additional Information: 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

Additional Information: 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