Archive by Author

Personal Injury Claims – The Warranty of Habitability and Covenant of Quiet Enjoyment in Massachusetts

By on February 28, 2018

In Massachusetts there are three ways a residential landlord can be liable to a tenant for personal injuries caused by defects in rented premises: negligence, breach of the warranty of habitability and breach of the covenant of quiet enjoyment. A claim for negligence is not specific to residential landlords and can be brought by anyone […]

Time Limits on Civil Judgments & Executions

By on December 29, 2017

A civil judgment means the act or order of the trial court finally adjudicating the rights and obligations of the parties to the case. A judgment includes a decision and order in favor of the plaintiff or defendant based on the merits, which becomes final if not appealed, and generally awards money damages or injunctive […]

The Component Parts Doctrine in Massachusetts Product Liability Cases

By on December 15, 2017

A recent Appeals Court case affirms that in a Massachusetts Product Liability Case, as a general rule, the manufacturer of a non-defective component part has no duty to warn of risks posed by the assembled product that arise out of the addition of other components and the decisions made, and actions taken, by downstream actors, […]

Design Defects & Expert Evidence

By on November 28, 2017
When Expert Evidence is Necessary

In Massachusetts, to establish a product’s liability claim for defective design a plaintiff must show that the manufacturer of a product “failed to exercise reasonable care to eliminate avoidable or foreseeable dangers to the user of the product.” A defective design case thus requires proof that the product is not reasonably safe for its intended […]

New Rule for Medical Malpractice Tribunals in Massachusetts

By on November 9, 2017
New Rule for Medical Malpractice

Medical malpractice cases are often cumbersome and lengthy. The tribunal process alone can take as long as a year, and sometimes even more. In 2018, this will all change thanks to Superior Court Rule 73 recently approved by the Supreme Judicial Court. How Medical Malpractice Tribunals Work Today As discussed in the December 2015 issue […]