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	<title>Accident Victim Lawyers</title>
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	<link>http://frobertallison.com</link>
	<description>Essex County MA Personal Injury Attorney</description>
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		<title>Massachusetts Personal Injury Damages</title>
		<link>http://frobertallison.com/uncategorized/massachusetts-personal-injury-damages.html</link>
		<comments>http://frobertallison.com/uncategorized/massachusetts-personal-injury-damages.html#comments</comments>
		<pubDate>Fri, 27 Apr 2012 12:57:53 +0000</pubDate>
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		<guid isPermaLink="false">http://frobertallison.com/?p=768</guid>
		<description><![CDATA[Massachusetts Personal Injury Damages &#8211; Proving a Personal Injury Claim You may be entitled to personal injury damages if you prove that the defendant was negligent and the defendant&#8217;s negligence caused you to suffer injury or harm. Burden of Proof In order to obtain compensation, your attorney must prove your damages by a fair preponderance of the evidence (or in other words, when all of the evidence is weighed that the matter is more probably true than not). Purpose The purpose of personal injury damages is to restore you to the position you would have been in had the wrong not occurred. The purpose is not to reward you or punish the defendant. No Special Formula There is no special formula under personal injury law to assess your damages in a personal injury claim. The jury is obligated to assess what is fair, adequate, and just. The jury must award &#8230; <a href="http://frobertallison.com/uncategorized/massachusetts-personal-injury-damages.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Massachusetts Personal Injury Law</title>
		<link>http://frobertallison.com/uncategorized/personal-injury-lawsuits-in-massachusetts.html</link>
		<comments>http://frobertallison.com/uncategorized/personal-injury-lawsuits-in-massachusetts.html#comments</comments>
		<pubDate>Mon, 16 Apr 2012 06:35:18 +0000</pubDate>
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		<guid isPermaLink="false">http://frobertallison.com/?p=462</guid>
		<description><![CDATA[Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another&#8217;s negligence or intentional misconduct. What are the statutes of limitations on filing a personal injury lawsuit in Massachusetts? Under Massachusetts Personal injury actions must be filed within 3 years from the date of the injury.  A person injured in a hit-and-run accident must file a personal injury action within 6 months after learning the identity of the negligent driver.  However, no action may be brought beyond the initial 3 year limitations period. Title 5, Chapter 260]]></description>
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		<title>The Perils Of Social Media – Think Before You Share</title>
		<link>http://frobertallison.com/blog/the-perils-of-social-media-think-before-you-share.html</link>
		<comments>http://frobertallison.com/blog/the-perils-of-social-media-think-before-you-share.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 15:30:11 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Blog]]></category>

		<guid isPermaLink="false">http://frobertallison.com/?p=583</guid>
		<description><![CDATA[When using social media you should be cautious and consider the potential consequences of what you post because all your “friends” may not be friendly. Social media sites, such as Facebook, Twitter, LinkedIn and MySpace, are social networking sites where people can share information about their personal and professional lives, including posting photographs and sharing information about daily activities. These sites enjoy broad use, are convenient and have many advantages such as allowing people to keep up with friends, family and colleagues in an increasingly busy world. The influence and power of social media has turned “friend” into a verb, and is credited with the ability to provide instant global networking support, such as to dissidents in Lybia and Iran. However, social media is also a very revealing tool and can have a profound impact on individual lives and even legal cases. Employers increasingly review the public social media profiles &#8230; <a href="http://frobertallison.com/blog/the-perils-of-social-media-think-before-you-share.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Social Host Liability In Massachusetts</title>
		<link>http://frobertallison.com/blog/social-host-liability-in-massachusetts.html</link>
		<comments>http://frobertallison.com/blog/social-host-liability-in-massachusetts.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 15:22:09 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Blog]]></category>

		<guid isPermaLink="false">http://frobertallison.com/?p=581</guid>
		<description><![CDATA[The Legislature and/or the Supreme Judicial Court is poised to change the law of social host liability in Massachusetts. In 1986, the state’s highest court recognized that a social host who had served alcoholic beverages to guests at a party, would be liable to a person injured by an intoxicated guest’s negligent operation of a motor vehicle where a social host who knew or should have known that his guest was intoxicated, nevertheless permitted him to have an alcoholic drink and, thereafter, because of his intoxication, the guest negligently operated a motor vehicle causing the third person’s injury. The court, however, made clear that a social host could be held liable for injury to third parties caused by the drunk driving of a guest only in cases where the host had actually served alcohol or made it available. Through the years, in subsequent decisions, the high court has steadfastly continued &#8230; <a href="http://frobertallison.com/blog/social-host-liability-in-massachusetts.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Slip And Fall Claims And The Law On Snow And Ice</title>
		<link>http://frobertallison.com/blog/slip-and-fall-claims-and-the-law-on-snow-and-ice.html</link>
		<comments>http://frobertallison.com/blog/slip-and-fall-claims-and-the-law-on-snow-and-ice.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 15:14:45 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://frobertallison.com/?p=580</guid>
		<description><![CDATA[In the case of Papadopoulos v. Target Corporation, 457 Mass. 368 (2010), the highest court in Massachusetts drastically changed the law with regard to liability resulting from the hazards created by snow and ice. Prior to the change the law stated that if someone slipped and fell on a natural accumulation of snow or ice then there was no liability on the part of the person who owned or controlled the land. The law imposed responsibility only where the snow and ice that created the hazard was an unnatural accumulation caused by an artificial source, such as a downspout, gutter or roof, or where a natural accumulation became unnatural as a result of human disturbance, such as foot traffic. The reason for the distinction was that an owner could control artificial and manmade sources, but was not responsible for snow fall and ice that formed naturally due to weather conditions &#8230; <a href="http://frobertallison.com/blog/slip-and-fall-claims-and-the-law-on-snow-and-ice.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Playing It Safe – Recreational Use Statutes</title>
		<link>http://frobertallison.com/blog/playing-it-safe-recreational-use-statutes.html</link>
		<comments>http://frobertallison.com/blog/playing-it-safe-recreational-use-statutes.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 15:09:43 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Blog]]></category>

		<guid isPermaLink="false">http://frobertallison.com/?p=579</guid>
		<description><![CDATA[With hints of Spring already in the air, thoughts of warm weather activities are not far behind. Whether planning a day outing to the park or a longer recreational vacation, it’s wise to also plan to be safe because your safety is in your hands and, under the law, your responsibility. All states, including Massachusetts, have recreational use statutes. These laws were enacted to encourage land owners to make their properties available free of charge (or for only a nominal fee) to the public for recreational uses. The encouragement takes the form of protecting the land owner from legal liability for any accidents that may happen when the user is on the property for recreational purposes. The only exceptions are for intentional harms and for gross negligence. The Massachusetts Recreational Use Statute covers any person having an interest in land including the structures, buildings, and equipment attached to the land, &#8230; <a href="http://frobertallison.com/blog/playing-it-safe-recreational-use-statutes.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Slip And Fall Claims And The  Law On Open And Obvious Dangers</title>
		<link>http://frobertallison.com/blog/slip-and-fall-claims-and-the-law-on-open-and-obvious-dangers.html</link>
		<comments>http://frobertallison.com/blog/slip-and-fall-claims-and-the-law-on-open-and-obvious-dangers.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 15:06:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://frobertallison.com/?p=578</guid>
		<description><![CDATA[Who is responsible when someone is injured by a hazard that is open and obvious such as a defect in a stair or an obstacle left on a traveled path? Until recently the law in Massachusetts held that a landowner’s duty to protect lawful visitors against dangerous conditions on his property ordinarily does not extend to dangers that would be obvious to persons of average intelligence. If a danger was “open and obvious” meaning that a reasonable person would have discovered the danger, then the landowner had no duty to warn of the hazard or fix it. Recent cases from the Massachusetts Appeals Court, however, have revealed a important adjustment in the way liability is assessed when dealing with open and obvious dangers that the public may encounter every day. The courts are now applying the standard of whether a reasonable would have appreciated the danger and avoided it. As &#8230; <a href="http://frobertallison.com/blog/slip-and-fall-claims-and-the-law-on-open-and-obvious-dangers.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Slip And Fall Cliams And The Mode Of Operation Rule</title>
		<link>http://frobertallison.com/blog/slip-and-fall-cliams-and-the-mode-of-operation-rule.html</link>
		<comments>http://frobertallison.com/blog/slip-and-fall-cliams-and-the-mode-of-operation-rule.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 14:58:36 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://frobertallison.com/?p=576</guid>
		<description><![CDATA[Chances are you’ve been to the grocery and seen grapes, lettuce leaves, green beans, etc. on the floor of the produce aisle. These stray fruits and vegetables are the result of customers who serve themselves from the open displays and represent a hazard to shoppers. Recognizing trends in premises liability and the nature of self-service establishments, Massachusetts adopted the “mode of operation” rule in the case of Sheehan v. Roche Brothers Supermarkets, Inc., 448 Mass. 780 (2007). The rule is extremely important for people injured in slip and fall accidents at a self-service store. Self-service stores are supermarkets, cafeterias and other businesses where the consumer selects the merchandise or food from displays as opposed to an employee getting the product for the customer. The “mode of operation” approach allows a customer injured as a result of a condition that foreseeably developed from the way a store is operated to recover &#8230; <a href="http://frobertallison.com/blog/slip-and-fall-cliams-and-the-mode-of-operation-rule.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Highlights Of Massachusetts Bicycle Laws</title>
		<link>http://frobertallison.com/blog/highlights-of-massachusetts-bicycle-laws.html</link>
		<comments>http://frobertallison.com/blog/highlights-of-massachusetts-bicycle-laws.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 14:56:09 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://frobertallison.com/?p=575</guid>
		<description><![CDATA[Whether you drive a vehicle or ride a bicycle it’s wise to review the laws relating to sharing the road for the safety of all. Bicyclists have the right to use all public ways in Massachusetts except limited access or express state highways where signs specifically prohibit bicycles. When riding on public ways, bicyclists must observe the same basic traffic laws and regulations that apply to motor vehicle operators, such as riding in the same direction as vehicles and obeying traffic lights and right-of-way laws. Indeed, since January 2011, bicyclists may be issued citations for traffic violations under the same procedure used for motorists. A bicyclist: must use hand signals to stop or turn, but the signal does not have to be continuous or made at all if both hands are needed for the bike’s safe operation. A bicyclist must keep one hand on the handlebars at all times and &#8230; <a href="http://frobertallison.com/blog/highlights-of-massachusetts-bicycle-laws.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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		<title>Revised Law Provides Greater Protection For Your Home</title>
		<link>http://frobertallison.com/blog/revised-law-provides-greater-protection-for-your-home.html</link>
		<comments>http://frobertallison.com/blog/revised-law-provides-greater-protection-for-your-home.html#comments</comments>
		<pubDate>Fri, 30 Mar 2012 14:51:14 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://frobertallison.com/?p=574</guid>
		<description><![CDATA[A declaration of homestead protects a person’s principal residence from creditors. Changes to the Massachusetts homestead law (G.L. c. 188, §§ 1-10) effective in March 2011 make it easier than ever to declare a homestead and secure this valuable protection in these unpredictable economic times. First, the revised homestead law now gives automatic protection of $125,000.00 on a home that does not declare a homestead exemption with the Registry of Deeds. Second, if you own any interest in property and occupy or intend to occupy the home as a principal residence you may file for a homestead exemption. This declaration of homestead will protect against attachment, seizure, execution on judgment, levy or sale for the payment of debts to the extent of $500,000.00 per residence, per family. People who are disabled or 62 years of age or older, regardless of marital status, will be exempt up to $500,000.00 each. If &#8230; <a href="http://frobertallison.com/blog/revised-law-provides-greater-protection-for-your-home.html">Read more <span class="meta-nav">&#8594;</span></a>]]></description>
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