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Injuries While Watching Sports

Broken Baseball Bat Hits Fan: Spectator Injuries & The Law

On Friday June 5, 2015, Tonya Carpenter watches the Boston Red Sox from second row seats between home plate and third base at Fenway Park.  Her son and a friend accompany her.  In the second inning, Oakland Athletics third baseman Brett Lawrie steps up to the plate, swings, makes contact with the ball and the bat snaps […]

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Negligent security law

Negligent Security: Property Owners Liable For Security Failure?

Two hockey fans get into a fight in a public restroom during a Boston Bruins game.  Can the one injured seriously sue the TD Boston Garden for failing to provide adequate security? A Superior Court judge in Boston faced that question and, not surprisingly, different versions of what happened.  The man injured claimed that, after an […]

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Workers Compensation Claims

Workers Compensation: Who is Responsible?

Question: I was working for a company through a temp agency and a computer printer dropped on my foot.  I had to go to the emergency room and I can’t work.  The temp agency and the company aren’t talking to me and say my case is too small.  Who is responsible for my workers compensation? […]

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Eating and Distracted Driving

Distracted Driving: Eating While Driving

Eighty per cent of all motor vehicle accidents and 16% of highway fatalities are caused by distracted drivers.  In studies by the National Highway Traffic Safety Administration, or “NHTSA” texting and jabbering on the cell phone top the list of distractions. But eating while driving, something 86% of drivers admit to, also presents a high […]

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Video Surveillance: Can they do that?

Video Surveillance: Used Fairly to Kill Personal Injury Cases?

Anyone with any type of personal injury claim knows or should know that insurance companies use video surveillance to look for behavior that might contradict the claim of injury. Often used in workers compensation claims, investigators armed with small video cameras follow those making injury claims, waiting to catch them lifting, bending, carrying and in other […]

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Pot, Impaired Drivers & Others Substances

Impaired Drivers: Alcohol, Illegal Drugs, Prescription Drugs & Marijuana

The risk of getting into an accident is high enough.  But the number of people driving on various substances doesn’t help. “In 2013-2014 20% of weekend nighttime drivers tested positive for drugs …” National Highway Traffic Safety Administration – February 2015 One national study with a database of over 40 years shows fewer drivers now drink […]

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Can You Sue a City or Town for Failing to Remove Snow Properly?

 Can I sue the city or town for failing to remove enough snow?  I got into an accident because the road was still icy. You “can” sue but the case has a snowball’s chance in you know where. Why? In the early days of U.S. legal history “sovereign immunity” literally meant you could never sue any […]

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Snow Hazards & Driving

Snow, Ice, Bad Drivers and Negligence

Another snowstorm?  Skiers and other winter sports fans love it.  But, driving in snow and ice turns every day routines into a nightmare. Ever get behind a truck or car with snow piled on the roof, and chunks start flying in the air and you hope none of it strikes you?  This violates the rules […]

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School Liability

Can You Sue a School? When, Why and How?

Each state, and the federal government, has enacted its own laws imposing specific procedures which must be followed precisely before a claim can even be considered in court. This article looks at the Massachusetts law. A High School teacher gave his class a football and instructed the class to go outside.  Two teachers led the […]

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Liability Waiver: Effective End to Injury Claim?

Liability Waivers: Attempts to Avoid Injury Claims

People injured while pursuing activities with known risks sometimes find that their efforts to bring a legal claim can be challenged due to their having signed a liability waiver in advance.  It could be a ski injury, an accident at the gym or a personal injury sustained in any sporting activity. Are waivers of liability effective?  […]

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