Do “surface waters” covered by property flood insurance include rainwater that accumulated on an enclosed roof one or more stories above the ground? The landlord and operator of a suburban Massachusetts hospital disagree with their insurers on the answer to …
A driver who suffers a sudden medical emergency and crashes into another vehicle may be held liable for the accident even if never diagnosed with the condition or never advised not to drive. If the driver knew or should have …
An eye surgeon’s English language mandatory arbitration agreement with a patient is valid and enforceable where the patient claimed if it had been in his first language, Spanish, he would not have signed it. The Massachusetts Supreme Judicial Court has …
A commercial landlord is not liable for a “targeted, execution-style shooting” that took place on her property as it was not reasonably foreseeable and no reasonable security measures could have prevented it, the Massachusetts Supreme Judicial Court has ruled. The …
Whether a half-inch granite protrusion on a crosswalk under repair is sufficient to support a negligent claim is a matter for a jury to decide, not a court granting summary judgment for a contractor doing work for a municipality. Furthermore, …
If a person’s right to bring a personal injury lawsuit has expired by the time of his or her death, the person’s estate is barred from bringing a wrongful death suit in Massachusetts for the benefit of the beneficiaries. The …
Massachusetts car dealerships that provide customers with a courtesy vehicle to use while their car is being repaired are protected by federal law from liability should the courtesy car be in an accident, despite a state law that presumes the …
A Massachusetts town is immune from liability for the death of an ATV rider who was killed after striking a wire cable strung across a right of way on town land by the owner of the adjacent private property. The …
An act of physical abuse is not excluded by an abuse and molestation exclusion in a homeowners insurance policy unless the act involves “an imbalance or misuse of power in addition to being physically harmful,” the Massachusetts Supreme Judicial Court …
A grocery chain is entitled to recoup costs it incurred defending an automatic door installer against negligence claims brought against them both, but it is not entitled to recover the costs it incurred defending itself under the terms of the …
