My mother slipped while walking through an icy mall parking lot and broke her arm. Who is responsible for her injury?

Slip and fall accidents are common when weather conditions are wet and icy. As a Massachusetts resident, there are a few things to consider, if you’re contemplating filing a personal injury claim after a slip and fall on snow or ice in a public place. When it comes to maintaining the safety of public areas, such as parking lots or sidewalks, the property owner has a duty to exercise reasonable care. This is a legal duty, and breach of that duty can result in liability for negligence. The periodic inspection of the property and the removal or remediation of snow and ice within a reasonable time is the duty of property owners to reduce the risk of falls and injuries. However, while the duty to

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I was bitten by a neighbor’s dog a year ago, can I file a personal injury lawsuit now?

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 the event of a dog bite. If you don’t get your lawsuit filed within three years, you may lose your right to have a court hear your injury case. Many states have a “one bite rule” where dog owners are protected (to some degree) from liability the first time their dog injures someone, if they

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I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

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 its Workers’ Compensation insurer and mandated policy information. To qualify for workers’ comp benefits, you must have a work-related injury or illness causing disability for five full or partial calendar days. However, the days do not need to be consecutive. Injuries need to be reported to your employer, who is then required to file the

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My neighbor allows her dog to run loose. While walking my own dog, the neighbor’s bit me. What recourse do I have under the law?

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 or an owner otherwise takes “reasonable precautions,” the owner may still be liable. If you plan on filing a claim or a lawsuit, be sure to take pictures of your injuries and bring documentation from your doctor. If you’ve previously taken pictures of the dog running loose, that is also helpful. There may be additional,

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