personal injury

Massachusetts Recreational Use Statute Bars Spectator’s Claim

By on December 4, 2019

Recreational Use Exception The Massachusetts “recreational use statute” provides that owners, both public and private, who make their land available to the public for “recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor” are not liable for personal injuries sustained by such members of the public […]

Open and Obvious Negligence?

By on October 28, 2019

Duty to Warn  In Massachusetts an owner or person in control of property owes a duty of reasonable care to persons lawfully on their premises which includes an obligation to maintain the premises in a reasonably safe condition and to warn visitors of any dangers of which they are aware or reasonably should be aware. […]

Bystander & Zone of Danger Liability

By on October 21, 2019

Bystander Recovery Massachusetts allows recovery for emotional distress, in a personal injury claim, when a person witnesses injury to another, but only in specific circumstances. Such cases often stem from someone witnessing an auto accident, but can occur in many ways. A person can recover as a bystander where the person was never in danger […]

High Court Finds No Exception to Statute of Repose

By on May 6, 2019

Diseases with Extended Latency Periods The June 2018 issue of Legal News featured a discussion of a possible exception to the six-year limit set forth in the Massachusetts statute of repose during which any tort action alleging deficiency or neglect in “the design, planning, construction, or general administration of an improvement to real property” must […]