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The woman, a student at MSU, was 18 at the time of the alleged rape. She filed a lawsuit, claiming  that the men gang-raped her, and that the university’s counseling center discouraged her from coming forward with the allegations.

According to the lawsuit, the rape occurred a week after Michigan State lost to Duke in the 2015 Final Four. The woman, who is currently a student at MSU, says she was at an East Lansing bar when one of the three men bought her a drink. Shortly thereafter, she was invited to a party by one of the basketball players, who also claimed that her roommate would be there.

As soon as she arrived at the “party”, in an off-campus apartment, the woman realized her roommate wasn’t there and began “feeling discombobulated” and “thought she might have been drugged.” According to the lawsuit, one of the players threw her down on a bed and raped her, and the other two men soon began taking turns. A few hours later, she woke up and called a taxi. A Boston sexual assault attorney can help you determine how to proceed if you’ve been the victim of rape or any other type of sexual assault.

School Counselors Discouraged Victim From Reporting the Rape

The woman says she immediately reported the rape to MSU’s Counseling Center. Although the counseling staffer was initially supportive, “the counselor’s demeanor completely changed,” once the victim revealed that the three men involved were basketball players. Another staffer entered the conversation, informing the woman that reporting the rape may not be in her interest.

In response to the allegations about discouraging the plaintiff to come forward, staff at MSU’s counseling center said that “we have had many other students in the same situation who have reported, and it has been very traumatic for them.” The plaintiff also claims that staff said they had received several reports of cases involving “guys with big names” and that it would be in her best interest to “just get yourself better.” They also told her, “if you pursue this, you are going to be swimming with some really big fish.”

This is not the first time MSU has been pegged for a lack or transparency with regard to sexual assault cases. In fact, the school has been overseen by the Department of Education since 2014 due to mishandled sexual assault cases involving football and basketball players. A MA sexual assault lawyer can help you protect your rights if you’ve been the victim of rape or any other type of sexual assault.

April is Sexual Assault Awareness Month

Sexual Assault Awareness Month (SAAM) is an annual campaign that raises public awareness about sexual assault and how to prevent it, especially as it pertains to college campuses. According to statistics, one in five women are sexually assaulted while in college, and 43 percent of college women say they have experienced violent dating behaviors. And Massachusetts is no exception. In 2014, a total of 283 rapes at colleges were reported in MA, but only seven percent of those were ever reported to the schools. Continue reading

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Now that backup cameras have been a common feature in new vehicles for several years, research is underway to determine whether they are actually saving lives. The Los Angeles Times recently reported that, “Despite the growing prevalence of backup cameras, federal data shows that this technology hasn’t significantly cut down on cars backing into people and causing them harm.”

According to the National Highway Traffic Safety Administration (NHTSA), between 2008 and 2011, the percentage of new cars with backup cameras installed spiked from 32 percent to 68 percent. During that same time period, back-over injuries only dropped less than eight percent, from 13,000 to 12,000. A Boston motor vehicle accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Fatal back-over accidents, however, have decreased more significantly. The Los Angeles Times reported that, “The fatality rate has improved somewhat, dropping 31% over the same period.” Even so, back-over fatalities are actually quite rare. Deaths caused by a vehicle moving in reverse fell from 274 to 189 during the three-year period between 2008 and 2011. The article did not indicate how many of these accidents involved a backup camera, if any.

When you ask someone who uses a backup camera if they think it’s effective, most say “absolutely!”. There is no doubt that they can improve the driving—and parking—experience. Obviously, avoiding hitting another car, pedestrian, or bicyclist is the main goal of a backup camera, but they also help us avoid backing over a bicycle left in the driveway by one of our kids, or a dog that decides to run behind the car.

Backup Cameras Will Soon be a Requirement

As of May 2018, all new vehicles weighing at least 10,000 pounds will be required to have a backup camera. According to the NHTSA, these cameras can prevent serious injuries and deaths, especially among small children. Even though—according to Autotrader—only 200 people die in back-over accidents each year, at least 14,000 suffer injuries. Backup cameras can all but eliminate these accidents. A MA car accident attorney can help you recover damages if you’ve been injured by the negligence of another.

“Deaths from back-over crashes thankfully are pretty rare, but they still are tragic,” said the vice president of research at the Insurance Institute for Highway Safety (IIHS), Jessica Cicchino. “We know that rear cameras can help, but they’re not a silver bullet.”

The Most Effective Vehicle Safety Features Available Today

Backup cameras aren’t the only vehicle safety feature reducing serious injuries and deaths. The following features are touted by the United Services Automobile Association (USAA) as being among the most effective.

  • Lane-keep assist
  • Electronic stability control
  • Adaptive cruise control
  • Adaptive headlights
  • Collision warning system
  • Active park assist
  • Drowsiness alert
  • 360-degree camera

“The movement toward autonomous vehicles – self-driving cars – has brought high-tech safety features to today’s cars, too,” said USAA’s director of property and casualty loss prevention and safety programs, Jim Clifford. “Many of the groundbreaking advances in the area of car safety have come from these efforts.” Continue reading

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According to a recently-released National Safety Council (NSC) report, the number of accidental deaths and injuries is at an “all-time high.” In fact, the rate of accidental deaths spiked more than 7 percent in 2015, accounting for an additional 146,571 lives lost that year. As a result, accidental deaths have become the fourth-leading cause of death in the United States. Only heart disease, cancer, and chronic lower respiratory disease take more lives.

According to the NSC’s Ken Kolosh, we shouldn’t refer to these deaths as accidental because “they’ve been proven over and over again to be 100 percent preventable.” By using terms like accidental or unintentional, we create the assumption that nothing can be done to prevent these injuries and fatalities. The reality is, when people follow certain safety precautions, the risk of accidental injury or death drops dramatically.

Over the past thirty years, U.S. deaths have actually dropped by nearly 20 percent, while “accidental” deaths have risen about 27 percent. To further emphasize the severity of this problem, consider the following calculation: if accidental deaths had followed the trend of overall deaths, nearly 60,000 lives would have been saved in 2015. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Why the Increase in Accidental Deaths?

According to the NSC, factors contributing to the increase in accidental deaths may include:

  • An increase in unintentional poisonings, fueled mostly by the nation’s opioid crisis (opioid overdoses are involved in 46 deaths every day in this country);
  • An unexplained rise in fall-related deaths;
  • Rise in deaths related to car crashes (nearly 38,000 deaths in 2015)—many experts believe distracted driving is to blame, but there are also simply more motor vehicles on the road than at any time in history.

The NSC predicts that the 2016 figures will be even higher—it estimates a six percent or greater increase (these figures won’t be released for at least several months).

How to Prevent Accidental Deaths

Accidental poisonings by way of opioid and other prescription drug overdoses can be avoided by discussing possible drug interactions with your doctor and ensuring that all medications are properly labeled and stored in your medicine chest. You should also:

  • Take medications exactly as prescribed;
  • When first taking a medication, report any problems to your physician immediately;
  • Never take another person’s painkillers’
  • Use a pill box to organize multiple medications;
  • Keep a diary of how much medication you are taking and when you take it.

Motor vehicle accident fatalities can be reduced by following the safety precautions below:

  • Never drive under the influence of drugs or alcohol;
  • Do not speed;
  • Always wear a seatbelt;
  • Avoid driving in inclement weather whenever possible;
  • Avoid driving late at night whenever possible;
  • Never text or talk on the phone while driving;
  • Make sure your vehicle is in good working order at all times;
  • Obey traffic rules.

Accidental deaths related to falls can be reduced by following the tips below:

  • Avoid getting excessively drunk;
  • If you need glasses, wear them;
  • Area rugs should have non-slip backing, and corners that stick up should be nailed down;
  • Place a rubber mat in your tub or shower;
  • Keep walkways well lit and clear of clutter and debris;
  • If using a ladder, make sure that it is in good repair and you know how to use it properly;
  • Avoid walking on icy sidewalks or wet floors;
  • If you have balance problems, use a walker or cane;
  • Maintain your health and physical fitness through regular exercise.

A MA injury lawyer can help you recover damages if you’ve been injured in any type of accident. Continue reading

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Earlier this month, a pedestrian bridge collapsed at the Florida International University. Six people were killed and nine were injured. One of those injured—a cyclist—has filed the first lawsuit following this tragic accident.

According to the lawsuit, 24-year-old Marquise Rashaad Hepburn was cycling under the bridge when a large section of the bridge fell onto the roadway below. To avoid being crushed by the 174-foot span of concrete, a motor vehicle driver swerved, crashing into Hepburn. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.

Hepburn’s lawsuit claims that the negligence of three companies contributed to the bridge collapse. It names the company responsible for designing and constructing the bridge, the company responsible for providing inspection services, and the company responsible for reviewing the bridge’s design.

Tests Were Being Performed at Time of Collapse

The brand-new pedestrian bridge wasn’t even officially open when the collapse occurred. All of the victims were on the roadway below. Inspectors had noticed some cracking a few days earlier, but said the cracks were not a safety issue. According to the complaint, stress tests of the bridge were being conducted on the morning of the collapse. Workers adjusted the bridge’s tension rods, a delicate process which can become problematic if a rod is over-tightened or made too loose.

Had traffic been re-routed during these tests, the injuries and fatalities could have been avoided. Further, a March 13 voicemail left by the bridge project’s lead engineer for an official of the Florida Department of Transportation, reveals the engineer’s comments about visible cracks in the bridge. According to the lawsuit, the engineer didn’t seem overly concerned with the cracks.

In addition to the pending civil lawsuit, the Miami-Dade Police Department is launching a criminal investigation into the matter.

What Causes a Bridge to Collapse?

Bridge failure can occur for myriad reasons. Some of the most common include:

  • Design defects
  • Improper construction materials
  • Inadequate maintenance
  • Inadequate inspections

Continue reading

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Spring is only days away, and with warmer weather comes more bikes on the roads. Bike accidents can occur for many reasons, but when motor vehicles are involved, crashes are often deadly. According to data from the National Highway Traffic Safety Administration (NHTSA), 818 bicyclists were killed in accidents involving motor vehicles in 2015. Thousands more were injured.

To dramatically reduce your risk of serious injury or death on a bicycle, follow the tips below.

Always Wear a Helmet

The Insurance Institute for Highway Safety reports that wearing a helmet reduces the risk of head injury by up to 85 percent. In fact, according to the Snell Memorial Foundation, “the number of bicycling head injuries requiring hospitalization exceeds the total of all the head injury cases related to baseball, football, skateboards, kick scooters, horseback riding, snowboarding, ice hockey, in-line skating, and lacrosse.”

Stay Visible

Wearing bright clothing and gear will help motorists see you, even from blocks away. At night, you should ride with a headlight and tail light and wear a white helmet and clothing. If you don’t frequently ride at night and don’t want to outfit your bike with lights, you can adhere a temporary blinking red or white light to your clothing if you happen to be out after dark. But the absolute best way to stay safe is to avoid riding after dark, whenever possible. A MA bicycle accident attorney can help you recover damages if you’ve been injured in a bicycle accident involving a motor vehicle.

Tips for Drivers

Unfortunately, drivers of motor vehicles can occasionally get aggressive with cyclists. This is especially true in the spring, when bike traffic spikes. Although road rage is never a good idea, it’s even worse when a cyclist is involved. The lack of a safe enclosure can be deadly in a car-bicycle collision. Follow the tips below when you are driving this spring / summer season.

  • When you pass a cyclist, give them several feet and pass quickly.
  • Never honk at a cyclist. This can scare them, resulting in a serious accident. Don’t worry, cyclists can hear a car approaching, there is no need for your horn.
  • Before opening your car door, always check to see if a cyclist is approaching. It is known as “dooring” when a cyclist crashes into a just-opened car door. Dooring can be deadly.

A Boston bicycle accident lawyer can help you determine how to proceed if you’ve been injured by a motor vehicle driver.

Bicycle-motor vehicle collisions commonly involve one of the following situations:

  • A motor vehicle turning in front of a cyclist;
  • A motor vehicle pulling out of a driveway or parking spot directly in front of a cyclist;
  • A motor vehicle failing to yield at a stop sign or red light;
  • A distracted motor vehicle driver;
  • A motor vehicle driver’s failure to look both ways;
  • A motor vehicle driver who is under the influence of drugs or alcohol.

Continue reading

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Even a minor car accident can be deadly when a pedestrian is involved. With advancing vehicle technology, it would seem logical to assume that motor vehicle accidents – including those involving pedestrians – would decrease. But just the opposite is true. According to the Governors Highway Safety Association (GHSA), “nearly 6,000 pedestrians were killed in motor vehicle crashes in the U.S. in 2017, marking the second year in a row at numbers not seen in 25 years.”

What is responsible for the increase in pedestrian deaths? Although the cause is not certain, the two-year increase does correlate with two trends in particular – marijuana legalization and smartphone use.

Pot and Cellphones?

The GHSA report doesn’t claim that pedestrian deaths are directly linked to either of the trends mentioned above; rather it states that “more recent factors contributing to the increase in pedestrian fatalities might include the growing number of state and local governments that have decriminalized the recreational use of marijuana, which can impair judgment and reaction time for all road users.”

Car and Driver delved deeper into the potential link between pedestrian deaths and legal pot. It reported a 16.4 percent increase in pedestrian deaths in states that had legalized marijuana and a 5.8 percent decrease in all other states. A Boston motor vehicle accident lawyer can help you protect your rights if you’ve been injured due to another’s negligence.

The Dangers of Distracted Walking

In addition to weed, the GHSA noted increasing smartphone use as another potential cause of the rise in pedestrian deaths. And it wasn’t focused on smartphone use behind the wheel – although that is likely also a factor. We’ve all seen pedestrians who are not paying attention to the walkway or road ahead of them, entranced by whatever is on their smartphone screen. The reality is – distracted walking can be deadly.

In 2015, the National Safety Council officially added distracted walking as a cause of “unintentional death or injury.” And more than half of all adult cell phone users surveyed by the GHSA admitted to accidentally running into something while distracted by their phones.

The Problem isn’t Likely to Go Away Anytime Soon

More than 2,000 people visit the emergency room annually for injuries related to distracted walking, but orthopedic surgeon Claudette Lajam believes the problem will only increase as more features – a.k.a. distractions – are added to our devices.

Pedestrian Accident Statistics

The following statistics were outlined in the GHSA report:

  • Most pedestrian accidents occur after dark – 72 percent in 2014.
  • In the first half of 2016, there were 2,660 fatal pedestrian accidents, compared to 2,486 during the same period in 2015.
  • Nearly 6,000 pedestrians died in 2016.
  • About 15 percent of all auto accident fatalities involve pedestrians.
  • Pedestrian deaths increased by 22 percent between 2014 and 2016.
  • The following four states accounted for 42 percent of all pedestrian deaths – New York, Texas, Florida and California.

A MA personal injury lawyer can help you recover damages if you’ve been injured due to another’s negligence. Continue reading

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Spring is only days away, and with warmer weather comes more bikes on the roads. Bike accidents can occur for many reasons, but when motor vehicles are involved, crashes are often deadly. According to data from the National Highway Traffic Safety Administration (NHTSA), 818 bicyclists were killed in accidents involving motor vehicles in 2015. Thousands more were injured.

To dramatically reduce your risk of serious injury or death on a bicycle, follow the tips below.

Always Wear a Helmet

The Insurance Institute for Highway Safety reports that wearing a helmet reduces the risk of head injury by up to 85 percent. In fact, according to the Snell Memorial Foundation, “the number of bicycling head injuries requiring hospitalization exceeds the total of all the head injury cases related to baseball, football, skateboards, kick scooters, horseback riding, snowboarding, ice hockey, in-line skating, and lacrosse.”

Stay Visible

Wearing bright clothing and gear will help motorists see you, even from blocks away. At night, you should ride with a headlight and tail light and wear a white helmet and clothing. If you don’t frequently ride at night and don’t want to outfit your bike with lights, you can adhere a temporary blinking red or white light to your clothing if you happen to be out after dark. But the absolute best way to stay safe is to avoid riding after dark, whenever possible. A MA bicycle accident attorney can help you recover damages if you’ve been injured in a bicycle accident involving a motor vehicle.

Tips for Drivers

Unfortunately, drivers of motor vehicles can occasionally get aggressive with cyclists. This is especially true in the spring, when bike traffic spikes. Although road rage is never a good idea, it’s even worse when a cyclist is involved. The lack of a safe enclosure can be deadly in a car-bicycle collision. Follow the tips below when you are driving this spring / summer season.

  • When you pass a cyclist, give them several feet and pass quickly.
  • Never honk at a cyclist. This can scare them, resulting in a serious accident. Don’t worry, cyclists can hear a car approaching, there is no need for your horn.
  • Before opening your car door, always check to see if a cyclist is approaching. It is known as “dooring” when a cyclist crashes into a just-opened car door. Dooring can be deadly.

A Boston bicycle accident lawyer can help you determine how to proceed if you’ve been injured by a motor vehicle driver.

Bicycle-motor vehicle collisions commonly involve one of the following situations:

  • A motor vehicle turning in front of a cyclist;
  • A motor vehicle pulling out of a driveway or parking spot directly in front of a cyclist;
  • A motor vehicle failing to yield at a stop sign or red light;
  • A distracted motor vehicle driver;
  • A motor vehicle driver’s failure to look both ways;
  • A motor vehicle driver who is under the influence of drugs or alcohol.

Continue reading

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When we put our children on the school bus each day, we hope that the bus driver will be responsible, drive safely and look out for the best interests of everyone on board. Fortunately, background checks and driving-history screenings help to ensure that most bus drivers will do just that. But it’s far from a fool-proof system.

A recent tragedy involving a school bus accident resulted in the death of six-year-old Ariana Haynes. According to police reports, the school bus rolled onto its side after taking a left turn too fast, then attempting to veer to the right. Ariana was ejected from the bus and suffered critical injuries. She died in the hospital the next day.

According to Ariana’s parents, the negligent and reckless bus driver is responsible for their daughter’s death. As a result, they have brought a lawsuit against the driver and Houston County schools. The driver has been criminally charged with vehicular homicide and reckless driving. A Boston motor vehicle accident attorney can help you determine how to proceed if another’s negligence has caused you harm.

The lawsuit alleges that the bus driver’s use of excessive speed and failure to use caution, make a legal left turn and apply the brakes in a proper manner all contributed to Ariana’s death. The family is seeking damages, including punitive, from the bus driver and school district.

When a School Bus Accident Occurs, Who is Responsible?

A number of parties could potentially be liable in a school bus accident that causes injury or property damage. The nature of the accident and the underlying cause will factor heavily into making this determination. If a school bus accident occurs, the following parties may be responsible:

  • Driver
  • School district
  • Private school
  • Non-school operator of the bus: church, sports team, etc.
  • Private contractor providing transportation to a school or other organization
  • Manufacturer of the school bus
  • Parts manufacturer
  • Third party repair company
  • Entity responsible for roadway construction and maintenance, or design
  • Driver of another vehicle

When school bus accidents occur, it is essential to hire an experienced MA motor vehicle accident attorney because these lawsuits can become overwhelmingly complicated. And school bus accidents do occur. In fact, according to the National Highway Transportation Safety Administration (NHTSA), school buses account for more bus fatalities than any other type of bus, 37 percent to be exact. Even so, school busses are still the safest way for children to get to and from school.

Always Use Caution Around a School Bus

You can do your part to help prevent school bus-related accidents, by following the tips below.

  • When approaching a school bus stop in your vehicle, slow down even if you don’t see any children. Kids may dart into the street, especially when they’re running late.
  • Obey bus laws and familiarize yourself with the flashing lights system: yellow lights mean the bus is preparing to stop, red lights mean the bus is stopped and children are getting on or off.

Kids are 70 times more likely to get to school safely on the bus than via any other mode of transportation. If we all work together to ensure the safety of our children – to and from school, in school and at home – we can dramatically reduce the incidence of childhood injuries and death. Continue reading

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Jacob Moore, an 18-year old gymnast, is the first man to accuse gymnastics doctor Larry Nassar of sexual abuse. Nassar was the team physician for USA Gymnastics for about 20 years.

One day after practice in April 2016, Moore went to Nassar’s office to receive treatment for an injured shoulder. According to Moore, after Nassar advised him that acupuncture would be the most effective treatment, the doctor pulled down Moore’s pants and began administering acupuncture to his genital area. A MA personal injury lawyer can help you determine how to proceed if you’ve been the victim of sexual harassment or abuse.

Not surprisingly, the unorthodox “shoulder treatment” did not relieve Moore’s shoulder pain. It did, however, leave him feeling “quite uncomfortable.”

“I left his basement thinking that did not help at all,” Moore said. “It’s frustrating when you have an injury and thinking you’re gonna get legitimate medical treatment, and you’re not getting that, for sure.”

And there was another person in the treatment room with Moore and Nassar during the incident – a young female gymnast. As he performed the disturbing treatment, Nassar asked the woman if she had ever seen a man’s body part before.

Moore made the decision to make his story public after nearly 200 girls – his own sister among them – came forward and testified against Nassar. Last week, the University of Michigan student joined a civil federal suit against the disgraced doctor.

“I was inspired by my sister and everyone else in this community to come out and help bring change to what allowed this to happen,” said Moore. “I don’t want (other victims) to be scared to come out because of stigma that guys can’t be sexually abused or taken advantage of.”

Nassar Sentenced to Decades in Prison

Earlier this year, Nassar admitted that he used his position of authority as a doctor to abuse his victims, and pleaded guilty to criminal sexual conduct. In addition to those charges, he was sentenced on multiple charges of child pornography.

According to the civil lawsuit against Nassar, “There is no known medical connection between shoulder pain which can be treated through acupuncture in the area of a male’s genitalia. Plaintiff Jacob Moore believes the conduct of Dr. Nassar was sexual assault, battery, abuse, molestation and harassment performed by Defendant Nassar for Defendant Nassar’s sexual pleasure and gratification.”

USA Gymnastics terminated Nassar in 2015 after receiving several complaints about the doctor. But he continued treating Michigan State University patients until further allegations were made public a few months later. In November 2016, Nassar was placed under arrest.

How Was the Abuse Allowed to Go On for So Long?

According to the lawsuit, USA Gymnastics failed to inform the public – or even other gymnasts – about the allegations against Nassar after the organization dismissed him in 2015. As a result, Moore and other victims continued to suffer abuse for nearly a year after Nassar’s dismissal. A Boston personal injury lawyer can help you recover damages if you’ve been the victim of sexual abuse. Continue reading

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A two-year-old girl was killed in a tragic accident inside a Payless ShoeSource store last week. Ifrah Siddique was crushed when a large mirror fell as she was trying on shoes. The child was rushed to the Southern Regional Medical Center, but died from her injuries.

This tragedy calls into question the legal responsibilities of stores and other businesses, as well as the legal rights of those who are injured on their premises. Sadly, serious injuries and deaths in retail stores occur with relative frequency. Stores and other businesses open to the public often have heavy foot traffic, leading to an increased risk of something going wrong, eventually. Usually these incidents are minor, but not always.

Add frequent moving and re-arranging of displays and other heavy items to the inherent hazard of heavy foot traffic, and the risk of slip and fall accidents, traumatic brain injuries and death increases dramatically. Although minor accidents are sometimes difficult to predict – or prevent – serious injuries and fatal accidents should never occur. But they do. If you are injured due to a store’s negligence, a Boston personal injury lawyer can help you determine how to proceed.

Who is Liable?

Patrons of retail stores and other businesses open to the public have legal rights protecting them from harm. When a patron or guest is injured, property owners can be liable under the theory of premises liability. In many cases, the property owner and business owner are two different parties. Because there may be multiple parties involved, determining liability can be a complex process. The property owner may be entirely off the hook if the injury was a result of negligence on the part of the business itself, or its employees. In some situations, all three are liable. And if an outside vendor was involved, things can become even more complicated.

When negligence – whether on the part of the property owner, business owner, employees or outside vendor, or any combination thereof – results in a patrons death, the family may bring a wrongful death lawsuit against the responsible parties. A MA wrongful death attorney can help you recover damages if you have lost a loved one due to another’s negligence.

Premises Liability in MA

If a property owner owes you a legal duty of care and breaches that duty, you may be able to recover compensation for any injury or damage that results. That being said, whether you are entitled to compensation – and the level of that compensation – will be dependent on multiple factors. Why you were on the property is one of the most important factors.

  • Customers and others invited onto a property for the purpose of doing business are classified as invitees under MA law. Invitees are owed the highest duty of care.
  • Under MA law, friends and others who are invited onto a property for the purpose of a casual visit are classified as licensees. The duty of care owed to them is intermediate.
  • Trespassers are, of course, owed the lowest duty of care.

Continue reading

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