My husband was in a fatal accident, can I file a wrongful death claim?

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

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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

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I recently discovered toxic mold in my apartment. Am I allowed to withhold rent until the mold is removed?

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

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At a shopping center, I slipped on the wet floor and broke my tailbone. Would I sue the owners of the particular store, or of the entire complex?

Liability depends on many factors, including the exact location where you slipped and the cause of the wet floor. Typically, an individual or corporation owns the building that comprises the shopping center. The owner then rents out specific units to other individuals or corporations. While the tenants are responsible for conditions within their rented units, the landlord typically remains responsible for conditions in the common

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Are autumn leaves a slip and fall liability?

The arrival of fall brings with it the pleasure of watching the leaves turn. Fall is famous in New England because of the many vibrant colors, from bright yellow through to deep violet, that nature treats us to as the days grow shorter. When leaves turn, though, they inevitably have to fall to the ground. Autumn invariably brings with it wet weather as well. Wet

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Food Related Injuries Under Massachusetts Law

Here’s a little-known fact: under Massachusetts law, if you’re injured by a bone lodged in your throat after eating a prepared dish, whether you can recover for your injuries may depend on what kind of bone it is. If it’s a bone from a chicken pot pie, then you may have a viable claim. If it’s a fish bone from a bowl of chowder, then

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Massachusetts Personal Injury Claims Explained

You could be driving down I-290 during rush hour when, suddenly, a person driving a large SUV whips into your lane, causing you to rear-end him. However, there were multiple witnesses who reported to the Massachusetts State Police trooper that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a

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What You Need To Know If Your Child Suffers an Injury Due to Negligence

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim. It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself: Did your child simply fall, or

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