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.
The law of negligence is based on the standard of a reasonable person, defined as a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability. The flexibility in this standard carries over to the defense of “sudden emergency.” The sudden emergency […]
The sale of any product in Massachusetts comes with an implied warranty of merchantability from the manufacturer which guarantees that the product is fit for its intended use. The warranty is distinguished from any express warranties specifically stated by the manufacturer or seller, and cannot be waived or disclaimed. The implied warranty is intended to […]
In Massachusetts, Personal Injury Protection (PIP) benefits are available to persons injured in a motor vehicle accident. The compulsory no-fault insurance covers all reasonable expenses incurred within two years of the date of the accident for necessary medical, surgical, x-ray and dental services and for seventy-five percent (75%) of lost wages, up to the applicable […]
One of the more confusing parts of motor vehicle insurance is Uninsured and Underinsured Motorist coverage under Parts 3 and 12 of the standard Massachusetts Automobile Insurance Policy, now in its seventh edition. Uninsured motorist coverage (UM) and Underinsured coverage (UIM) act as personal accident insurance for the named insured and household members if they […]
Recognizing the individual and societal costs of motorcycle accidents, in a 1972 decision – subsequently affirmed by the U.S. Supreme Court upholding the constitutionality of a Massachusetts motorcycle helmet law, the Federal District Court for Massachusetts said: “While we agree with plaintiff that the act’s only realistic purpose is the prevention of head injuries incurred […]
