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Is There an Exception to The Statute of Repose?

By on May 15, 2018
Personal Injury Claims

Massachusetts law sets a six-year limit during which any tort action alleging deficiency or neglect in “the design, planning, construction, or general administration of an improvement to real property” must be commenced. The six-year clock begins to run upon substantial completion of the improvement. Unlike a statute of limitation, a statute of repose cannot be […]

First Steps to Buying a House in MA

By on April 26, 2018
Buying a home in Massachusetts

You’ve saved for a down payment and have started perusing the real estate listings in magazines and on the internet. Before you start attending open houses or calling a real estate broker, you may want to visit your bank for a mortgage pre-approval letter. When you’ve decided that you’re serious and you’re ready to buy […]

Can a Meatball Be Unreasonably Dangerous?

By on April 14, 2018
Personal Injury Meatball

In a tragic Massachusetts personal injury case, a seven-year-old first grade student suffered traumatic brain damage after choking on meatballs served in the cafeteria of a public school. The student and his parents sued the manufacturer of the meatballs for negligence and breach of the warranty of merchantability arguing that the formula used for the […]

Can a Massachusetts Tenant’s Use of Property Defeat a Warranty of Habitability Claim?

By on March 30, 2018

Using a mixture of Massachusetts law on comparative negligence and products liability, a recent case from the Northeast Housing Court answered yes, and dismissed all claims against a defendant landlord although a jury had found the landlord negligent. By statute, Massachusetts has adopted the rule of “modified comparative negligence.” Under this rule, a plaintiff is […]