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 […]
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.
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 […]
Motor vehicle liability insurance varies greatly among states, from the amount of minimum coverage required to different standards that govern the right to recovery for bodily injury resulting from an accident. In Massachusetts there exists a limited no-fault system, referred to as Personal Injury Protection (PIP), which covers the insured and passengers for medical expenses, […]
As mentioned in a Massachusetts civil case published in the July 2017 issue of Legal News, discovery (the evidence and information gathering stage of a civil case) is broad and permits a party to obtain information from the opposing party through a variety of means regarding any matter, not privileged, which is relevant to the […]
Benjamin Franklin famously said, “In this world nothing can be said to be certain, except death and taxes.” Less certain is whether a legal claim survives the death of a party. In Massachusetts, the Legislature enacted a survival statute “to abrogate the common law rule that tort actions were personal and, thus, did not survive […]