By Robert I. Feinberg | Published November 11, 2013 | Posted in Personal Injury | Tagged Tags: premises liability, property owner liability, slip and fall | Leave a comment
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What is the Legal Standard for an Accident on Property?
In accidents on premises, the doctrine as put forth in Oliveri v. MBTA, 363 Mass. 165 (1973) has controlled. It has meant that slip and fall cases involving a foreign substance, whether in a supermarket or otherwise, typically require facts to come within at least one of three categories in order to demonstrate defendant’s lack Read More
Read MoreWhat are the Numbers of Civil Cases Filed in Massachusetts?
At the end of Fiscal Year 2002, there was 37,700 total civil cases pending in the Superior Court of Massachusetts. In 2012, there were 26,631 pending. This difference of 11,069 cases represents roughly a 29.4% decline in the number of cases pending at the Superior Court in that 10-year period. There are possibly several explanations Read More
Read MoreCan I Change Lawyers in a Personal Injury Case?
The Rules of Professional Responsibility require that a contingent fee agreement “be in writing and signed in duplicate by both the lawyer and the client…” S.J.C. Rule 3:07, Rule 1.5(c). The rule sets out the cases in which a contingent fee is permissible—there must be a res, Latin for a thing or object, and in Read More
Read MoreWhat is Involved in Impaneling a Jury?
During the jury empanelment stage of both civil and criminal trials, there are inevitably some prospective jurors who raise their hands when asked whether service would impose an extreme and unusual hardship. Generally, those jurors are excused. Other prospective juror may feel that there is a reason that they cannot be impartial and, in that Read More
Read MoreHow Has the Legal Profession Changed?
When I started practicing law in the 1980s, it is hard for me to fathom that many of the already practicing lawyers were just beginning to interact with women lawyers. Actually, that should not be a major surprise since some law schools didn’t accept women until the 1950s (Harvard) and others had so few women Read More
Read MoreIs 93A Useful in an Accident Case?
Plaintiff lawyers often lament how the Supreme Judicial Court has authored opinions that restrict the rights of plaintiff litigants. But, in truth, there have been many instances where the court has been sensitive to the rights of victims. One such case is Rhodes v. AIG Domestic Claims Inc. 461 Mass. 486 (2012) which gave liberal Read More
Read MoreAre Head Injuries Receiving Proper Attention?
Boston Red Sox backup catcher, David Ross, has just been activated after being on the disabled list for two concussions, each suffered when he was struck by foul tips. It’s amazing to me that I have followed baseball for more than 50 years and this is the first time I recall any catcher being put Read More
Read MoreOf the Library and the Law
The cross-section between academics and the actual practice of law clashed somewhat humorously for me thirty years ago. I was telling two very experienced trial lawyers that one of my law school’s evidence professors was working on an article regarding Congress’ 1934 Rules Enabling Act. They laughed loudly. These trial lawyers must have felt that Read More
Read MoreLaw Through a Lens
Cameras are not used in the federal system. See Federal Rule of Criminal Procedure 53, which states, “Except as otherwise provided by a statue or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.” There has, of course, Read More
Read MoreWhat is a Major Factor in a Personal Injury Settlement?
A recent Boston Globe article described a plaintiff in a significant lawsuit who was awarded $580,000 but netted virtually nothing after the deduction of fees, medical expenses and medical liens. Years ago, I blogged about a “lien” being not necessarily “lean”. There is no question but that liens can lead to very unfortunate results. Liens, Read More
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