Understanding “Res Ipsa Loquitur” In many personal injury cases, determining whether a party is liable for another’s injuries because of negligence can be difficult. In some cases, it may not be clear exactly how the injury was caused, or perhaps the injured party may have contributed to the accident, which can make determining liability even harder. When two parties are at fault, the fine line of who is more at fault is a blurry one at best. In some situations, however, the cause of the injury is so clear that there can be no mistake that someone’s negligence caused the accident. This is when the doctrine of “res ipsa loquitur” comes into play.
If you were ever arrested and charged with a crime, you might believe that these events from years ago won’t come back to haunt you, but that may not be the case. Past arrests, even if they did not result in convictions or formal charges, remain available on your criminal offender record information (CORI) and visible unless you actively seek to have them removed. This can have lasting impacts on your life, ranging from lost employment opportunitiesto an inability to receive financial aid. The only way to ensure that a record, however minor, does not affect you indefinitely is to request that your files be sealed or expunged by the office of the commissioner of probation.
Do you have a personal injury claim? Accidents happen every day, from auto accidents to injuries from unsafe products. You may be able to receive compensation for your injuries for many of these events, but some may not be suitable for filing a lawsuit. How do you know if your injury equals a personal injury claim?
What Is a “Personal Injury” Case?
Unlike a criminal case, which is prosecuted by the State, a personal injury case is between two private parties and is filed in civil court. Many different types of injuries fall under “personal injury” types of lawsuits. The most common types of personal injury claims are:
· Auto accidents
· Work accidents – many of these would fall under worker’s compensation, but significant injuries could still fall under negligence-based personal injury claims
· Slip and fall accidents
· Product liability injuries
· Medical malpractice injuries
In many of these cases, someone is at fault, but in some cases, at least legally speaking, there may be no one at fault. The primary requirement to file a personal injury claim is that someone was negligent or intentionally malicious, and those actions caused the injury.
In Massachusetts, winter and even spring months can be a wonderland of snow and ice. After winter storm Jonas and several other blizzards this year, walkway conditions have been dangerous for many East Coast residents. Slip and fall accidents most often occur as a result of improperly maintained common areas, especially when conditions are icy, resulting in over 1 million hospital visits per year.
Dogs can be wonderful pets, and many dog owners take responsibility for training and attending to their dogs in public settings. However, dogs are still animals and they can be unpredictable, if a dog attacks a child unprovoked the owners may be held responsible for the actions of their pets.
Dog bites are a serious crime that can cause traumatic personal injuries to the victim and their families.
Earlier this year, an eighteen-month old child from Saugus, Massachusetts was attacked by a dog inside the city’s town hall.
According to reports, the dog was licensed, vaccinated, and, surprisingly, on a leash at the time of the attack.
This goes to show how unpredictable animals can be; even a leashed animal that appears safe can act out of character and harm a human being. This story is not uncommon, as thousands of dog bite cases occur every year. In fact, nearly 1,000 people are hospitalized for dog bites in the U.S. every single day.
With the Boston Marathon just around the corner and spring temperatures on the rise, many runners will take to the streets to continue their training in the next several months. Running Injuries on the Road, this post, you’ll learn why things happen and how to take precautions.
Unfortunately, the combination of runners and drivers on the road is not always a harmonious one. Recently, a Hanover woman was struck and killed by a driverwhile jogging. Amanda Russell, a nurse at Beth Israel Deaconess Medical Center, was training for the Boston Marathon in December, and was hit by a car while on a training run two days before Christmas.
While everyone may have the best intentions when renting a property, sometimes these situations do not work out. Here in this post- Landlords Rights a Guide to Evictions you can learn how these discrepancies come about. Maybe your tenant has stopped paying rentor damaged the apartment beyond normal wear-and-tear, and you are left with no choice but to evict the tenant. Unfortunately, evictions are likely to be a source of aggravation and unanticipated expenses for landlords. Massachusetts law generally favors tenants rights, so it is extremely important to know your rights as a landlord if you find yourself in a situation where eviction has become necessary.