Massachusetts Personal Injury Blog

Read the Massachusetts Personal Injury Blog to get the latest information on Massachusetts personal injury law, cases, safety tips, and general interest topics about Essex County, Massachusetts.

When The Clock Runs Out: The Federal Tort Claims Act

By on January 31, 2018

The Federal Tort Claims Act (FTCA) is the exclusive remedy for tort actions against the United States.  Such actions include personal injury and medical malpractice claims caused by the negligence of Federal employees. Like the Massachusetts Tort Claims Act (MTCA), discussed in the April 2017 issue of Legal News, the FTCA abrogates traditional sovereign immunity […]

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 […]