Personal Injury

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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 […]

Workers’ Compensation & the Traveling Employee

By on September 15, 2017

The Massachusetts workers’ compensation statute provides that if an employee “receives a personal injury arising out of and in the course of his employment, or arising out of an ordinary risk of the street while actually engaged, with his employer’s authorization, in the business affairs or undertakings of his employer,” he shall be paid by […]

What is required to file a tort claim against a public employer?

By on April 26, 2017

Presentment requirement statute under the Tort Claims Act The Massachusetts Tort Claims Act (MTCA) eliminated traditional sovereign immunity from lawsuits for the state, cities and towns and most agencies, and permits tort claims to be brought against public employers in accordance with the procedure set forth in the Act, including presentment of claims within two […]