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Archives for February 2014

Personal Injury Caused By A Dog Attack

Under Massachusetts common law, the owner or keeper of an animal usually considered docile, such as dogs, cats and birds, is liable to an injured person only where there is evidence that the animal was dangerous or had dangerous propensities. There is a statute that imposes greater liability on the owners and keepers of dogs, however. It provides that, if a dog causes bodily injury or injury to property, the owner and the keeper of the dog, or guardian of the owner or keeper in the case of a minor owner or keeper, is responsible, unless the injury occurred in response to the victim taunting, teasing, or abusing the animal, or while the victim was unlawfully trying to enter the animal owner’s property. If you have been attacked by a dog, you can pursue compensation for damages. The Dominguez Firm team can investigate your case and work with the liable party to negotiate a solution.

Building Your Case

Seek medical attention. This is done for two reasons; one is that animal bites are prone to infection even if they seem minor. Second, it is important to have medical documentation to support your claim of injury.

Try to establish ownership or custody of the animal. Identifying the owner or custodian of the animal is imperative to your case. Photographs of the dog or the information from the dog’s license can be helpful in this regard.

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RJA Succeeds In Securing Favorable Judgment On Complex Civil Rights Claim Against A Revere Police Officer

Federal civil rights claims are known to be among the most complex areas of the law and require, for a successful defense, experienced litigators who are well-versed in constitutional law.  RJA’s client, a police officer for the City of Revere, was sued in federal court in Boston for, among other things, allegedly violating the plaintiff’s First, Second and Fourth Amendment rights through an earlier arrest.

Recognizing that the heart of the plaintiff’s case was his civil rights claims, RJA began the defense through a motion to dismiss strategically targeted at just those claims.  Although the standard for a motion to dismiss includes the requirement that the Court accept as true all of the factual allegations made by the plaintiff in his complaint, RJA still was able to convince the federal judge to dismiss all of the plaintiff’s civil rights claims under the Second and Fourth Amendments and, as for the First Amendment, was able to convince the judge to dismiss all of the plaintiff’s possible theories except for one. [Read more…]

Educator’s modeling photos example of legal, moral gray area for employers

by Paula J. Owen – published in Telegram & Gazette

FITCHBURG — Racy photos, sexually graphic blogs and sexually provocative posts on social media sites can be used against you by your employer.

Teachers nationwide have been fired for salacious Facebook postings, online photos and even for modeling for bikini photos. Though it’s not criminal behavior by any means, their actions while off duty were deemed “immoral” by some school districts and determined to have an adverse impact on the school or their ability to teach.

Teachers have also had disciplinary action taken against them for character flaws and have been terminated under various state laws for incompetency, insubordination, neglect of duty, sufficient cause, conduct unbecoming and immorality.

You may read the entire article here: Telegram & Gazette

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