Massachusetts natives may not be familiar with the legal phrase 'res ipsa loquitur," which is Latin for 'the thing speaks for itself." The term refers to the plaintiff's right to provide a rebuttal to a defendant by using circumstantial evidence to refute the presumption of negligence. In other words, the burden of proof is placed on the defendant through res ipsa loquitur to prove they were not acting in a negligent manner. When an accident occurs that causes injury, negligence must be proven in order for a person to be held legally liable. Proof can be provided with either direct evidence or circumstantial evidence.
The term 'slip-and-fall" is often used to describe a common type of personal injury case in which a person has been injured after slipping or tripping on another person's property. Slip-and-fall accidents can occur indoors or outdoors, and they can happen on commercial property, residential property or government property.
Most civil lawsuits filed in Massachusetts hinge on establishing that injury, loss or damage was caused by negligence. The law approaches this issue from the perspective of reasonable behavior. An individual may be considered to have acted negligently if they did not behave in a manner that a reasonable person would have.
Massachusetts has established clear guidelines that pertain to when an owner of property will be held legally responsible for lead poisoning of another individual, especially children. The legislature hopes to make property owners more careful in using lead paint and other products that pose a hazard to these children by imposing strict regulations.
Many readers in Massachusetts have likely enjoyed the attractions at Six Flags New England and emerged from the park unharmed. Four individuals at the amusement park giant's Magic Mountain in California were somewhat less fortunate on July 7 when the Ninja, a suspended roller coaster with a top speed of 55 mph, struck a fallen pine tree, derailing the front car in which they were riding and causing them to suffer minor injuries.
Portable defibrillators possess the capability of saving thousands of lives annually in the United States, including in Massachusetts, if the devices were made available to bystanders, to individuals witnesses a person suffering from cardiac arrest. At the present time in the United States, there is no agreement among the states about appropriate rules for the use of these devices, technically known as automated external defibrillators.
Six people were killed and about 13 other injured when a building that was being demolished collapsed June 5. According to Mayor Michael Nutter, one man and five women were killed when the debris fell onto the neighboring thrift store. The injured were transported to the hospital, treated for minor injuries and then released. The empty building used to house a sandwich shop on the first floor and apartments on the upper floors. The buildings on the other side of the building, which housed an adult bookstore and theater, were demolished a few months ago.