Personal Injury Questions

Swimming Pool Accidents in Massachusetts

In Massachusetts if you are the owner of a private pool, either as an individual, corporation or perhaps part of a club or association, or if you manage a semi-public or a pool open to the public you are responsible for knowing the regulations and laws regarding pool safety.

Finding laws or regulations that govern safety issues for pools in Massachusetts can be a bit difficult. The Commonwealth of Massachusetts adopted the 2009 International Building Code, which governs swimming pool enclosures and safety devices. Here are several codes and regulations often overlooked by pool owners.

Massachusetts code states that residential pool owners must have a barrier covering their pool when not in use. The barrier should not have openings in it that would allow the passage of a 4-inch diameter sphere. The pool should also have self-closing gates. [Read more…]

What is Massachusetts Personal Injury Protection (PIP)?

In Massachusetts, when you’re injured in an auto accident, your insurance policy’s Personal Injury Protection (PIP) coverage should pay your medical bills and other expenses, but those aren’t the only benefits you’re entitled to recover. If you sustain a serious injury, an experienced personal injury attorney could also negotiate a settlement for damages due to your pain, suffering, any permanent disabilities, and lost wages.Massachusetts automobile statutes allow injury victims to collect additional damages from the legally responsible party if injuries or medical bills meet or exceed PIP tort thresholds.

PIP Tort Threshold

Massachusetts No Fault Laws recognize that injuries can have a significant impact on your life. The medical bills and lost wages covered by your Personal Injury Protection coverage were never intended to make up for permanent disabilities or other life altering conditions. The law gives you the right to sue the person who caused your accident if one of the following occurs. [Read more…]

What happens if after we settle we determine we need further medical care and or have permanent disabilities?

Additional Information: Several months ago, my daughter and I were involved in a serious car accident in Hudson, MA. My daughter suffered a brain injury, among other injuries and was diagnosed as clinically depressed after the accident. I am having continued dibilitating migraines and am being monitored by a neurologist. Since we don’t know what our future medical needs will be, how do they calculate an appropriate settlement? The insurance company has already offered a settlement and we have no idea if it is appropriate or not. What happens if after we settle we determine we need further medical care and or have permanent disabilities?

Attorney Answer:

Brain injury cases are extremely complex and need a team of professionals to properly evaluate the case and help you towards resolution. Most importantly it is important to get your daughter proper medical care with a neurologist and a neuropsychologist. They can help determine the extent and duration of your daughter’s injuries. A lawyer who has had experience in the area of head or brain injuries can use that information to settle the case with the insurance company or persuade a jury.

Isn’t there a law in Massachusetts banning texting while driving?

Additional Information:  I was involved in a automobile accident in Marlboro a few days ago.  The other driver admitted that he was texting on his cell phone when he ran the red light and hit my car.  I was taken to the hospital and have a broken arm, and ribs and will need physical therapy.  Isn’t there a law in Massachusetts banning texting while driving? How will that affect my personal injury case?

Attorney Answer
First, yes there is a law that bans texting and the fact that he was texting is evidence of negligence which is what would have to be proved if you were to recover. The violation of any law such as the texting law goes to the heart of proving that the defendant was negligent and ultimately responsible for your injuries. Also the fact that he ran a red light is also a violation of law and evidence of his negligence.

I fell and injuried myself in a Southborough MA restaurant.

Additional Information:

I fell and injured my knee at a restaurant in Southborough.  The carpeting was loose.  There were several other patrons who tripped over the carpet before me, and this all happened in front of the hostess stand.  I’ve had knee surgery and continue physical therapy.  Do I have a case against the restaurant and can I sue for damages as I will probably not be able to participate in sports like I had in the past?

ATTORNEY ANSWER:

The owner of property has a responsibility to those who are on the premises legally to keep the property free from defects and to provide a reasonably safe environment. I believe that on the facts you have a strong case to hold the owner responsible for your injuries. [Read more…]

What’s our liability if our dog bites someone?

Additional Information:

We live in Framingham, MA and I just got a German Sheppard for my kids. My wife is concerned about our liability if the dog bites someone when she gets older. I thought this would be covered by our homeowners insurance.   Is that so? Thank you in advance for your help.

ATTORNEY ANSWER:

Massachusetts has a strict liability standard regarding injuries caused by animals and pets. The owner of the animal can be held liable for any injuries caused by the animal except in rare circumstances. [Read more…]

I am pregnant. Are there any laws protecting my employment?

Additional  Information:

I have been working for my company for over three years.  Recently I became pregnant and informed my supervisor of the fact.  Since that time, he has been acting differently towards me.  I am worried that I may be fired.  I know that I am an “employee at will” according to the employee’s handbook, but I wonder if there are any laws protecting me.

ATTORNEY ANSWER:

Absolutely, Massachusetts has laws protecting employees relating to discrimination because of maternity.  M.G..L.c. 151B §4(1) and M.G.L.c. 149 §105D prevent against sexual discrimination in the workplace and discrimination based on maternity.  You should immediately call a lawyer who handles Employment Discrimination cases.

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