Under Massachusetts law, a person or company may be liable for wrongful death, if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who
The Massachusetts State Police secured a search warrant for an apartment in Worcester; that warrant was based upon information received from a confidential informant that dangerous individuals had been observed in the residence and that firearms also were present in the apartment. The combination of dangerous individuals with access to firearms made the warrant a high risk endeavor, so the State Police contacted the Worcester
If you’re injured in a ride-sharing vehicle, such as Uber or Lyft, you have a right to get compensation for your injuries and other damages. Financial responsibility typically falls on the insurance company of the at-fault driver, which may be the ride-sharing company’s driver or another driver involved in the accident who caused the crash. The ride-sharing driver’s car insurance coverage will apply to passenger
Chartrand says Duggan ruined his police career By: Amaris Castillo | Lowell Sun DRACUT — A long-simmering feud between Town Manager Jim Duggan and Deputy Police Chief David Chartrand has spilled over into federal court. Chartrand on July 17 filed a civil-rights lawsuit against Duggan, seeking redress for “the unlawful and unconstitutional targeted bullying and retaliatory misconduct” of the town manager, according to the
Each state has a law that sets a deadline for filing a personal injury lawsuit in the state’s civil court system after an accident. This law is called the “statute of limitations,” and the Commonwealth of Massachusetts gives you three years to file a personal injury lawsuit. The three-year time limit typically starts on the day of the accident, which would be the case in
In this case, the complainant, a female dispatcher with the City of Waltham, filed a lengthy charge of discrimination with the Massachusetts Commission Against Discrimination (“the MCAD”) alleging that she was the victim of sexual harassment and a sexually hostile work environment, and also that she was subjected to gender discrimination, disability discrimination (arising out of severe chemical sensitivities) and illegal retaliation by a police
Gym injuries are common, especially minor sprains and pulled muscles. If your own carelessness contributed to the incident, the gym may not be liable. However, when malfunctioning equipment or employee negligence causes an injury, you may have a personal injury case. Gyms are responsible for maintaining a reasonably safe workout environment. The gym should clean equipment regularly and maintain it properly. If you sustain an injury by slipping on a wet
Workers’ compensation is a benefit used by states to compensate employees when they are injured at work. Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. You are entitled to file for workers compensation benefits, if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers must display the name and address of
An aggressive dog is a menace to the neighborhood and, potentially, a source of great legal trouble for the owner. In Massachusetts, a dog and its owner are not granted any leniency in terms of civil liability, even if this is the first occasion on which the dog has bitten someone. Additionally, since Massachusetts is a “strict liability” state, even if a dog is restrained
Landlords are urged to take mold seriously under Massachusetts law. Long term exposure to black mold is potentially harmful to health and may cause a wide range of symptoms and consequences, specially for people with lung diseases or weakened immune systems. Regardless of the provisions of a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This legal doctrine requires the
