Lowell Personal Injury Lawyer Blog

What Happens in a No-Fault Car Accident?

Published on: February 28, 2022 | by Marcotte Law Firm LLC

It is an unfortunate truth that car accidents are a common occurrence in this country. When more than one vehicle is involved, establishing fault is crucial to an insurance claim, as well as any potential lawsuit. This makes sense; if it is your fault, you or your insurance company should bear the brunt of any incurred expenses by the other party. However, a minority number of states are what is known as “no-fault states,” and Massachusetts is one of them. So what does this mean?

Let’s begin with what it does not mean. Being in a “no-fault” state does not mean you can run a red light, crash into someone’s car, and not be responsible. When a car accident occurs, someone is still “at fault.” Rather, the primary difference between fault and no-fault states involves car insurance requirements. No-Fault states provide certain types of insurance to people in almost ayn type of accident, no matter whose fault it was.

As you are likely aware, Massachusetts requires every registered car to purchase insurance in four (4) parts.

Premise Liability & Video Surveillance

Published on: February 14, 2022 | by Marcotte Law Firm LLC

We have previously discussed a number of issues surrounding premises liability. For example, in the context of snow and ice, classifications of individuals on your property, and doctrines like attractive nuisance. We are now going to dive into some evidentiary issues that may arise in your claim, specifically in the context of surveillance video in a commercial setting.

As the technology becomes cheaper and more readily available, more and more commercial property owners are investing in video surveillance systems. This is for a multitude of reasons. First and foremost, it helps with loss prevention (stealing). But, it also is a way for property owners or renters to have an eye in the sky to be able to record certain events. This includes many injuries. This is why we always suggest you assume that whenever you are in a commercial property, you are being watched.

As you can imagine, the proliferation of surveillance cameras has significantly impacted premise liability law. More cameras means more evidence in many claims. Cameras are able to see someone when they fall. They also are able to create a timeline as to a person’s movements, or even look to see what caused the hazard that the person tripped on. As surveillance video evidence becomes the norm, so too do a host of related legal issues. Specially, issues of preservations of evidence including what is known as “spoliation.”

Sovereign Immunity and the Mass Tort Claims Act

Published on: October 11, 2021 | by Marcotte Law Firm LLC

In a previous post discussing Premises Liability, we briefly noted two (2) relevant legal doctrines – Attractive Nuisance and Sovereign Immunity. We recently discussed the Attractive Nuisance doctrine, so today will be focusing on the doctrine of Sovereign Immunity and its codification under the Massachusetts Tort Claims Act.

As discussed in previous posts, if you were injured in a car accident or on the property of another, you likely have a cause of action against those persons. However, what happens when the driver of that other car is a government employee or the property you were injured on is a government building? In Massachusetts, it is much harder to file a lawsuit and win when the other party is the government. As you may have guessed, this is due to the aforementioned principle known as Sovereign Immunity.

Sovereign Immunity is a very old legal premise that basically states that the sovereign, i.e., the government in this country, cannot be sued even if an individual is harmed by the acts, decisions, or inactions of the government. It dates back to English law, where people were unable to sue the king. Even in this brief explanation, you can see that this is an exceptionally broad principle that absolves the government of virtually all tortious acts. However, there are limits to Sovereign Immunity.

Swimming Pools, Kids, and Attractive Nuisance

Published on: September 29, 2021 | by Marcotte Law Firm LLC

In a previous post discussing Premises Liability, we briefly noted two (2) relevant legal doctrines – Attractive Nuisance and Sovereign Immunity. We will address Sovereign Immunity and the Massachusetts Tort Claims Act in a subsequent post, but today we want to discuss the other doctrine: Attractive Nuisance.

Premises Liability, property owners have a duty of reasonable care to anyone entering their property. The highest duty of care is owed to those who have express or implied permission to be on that property, known as invitees and licensees under Massachusetts law. An example of this are patrons of a restaurant or supermarket. Trespassers are owed the lowest duty, i.e., people who enter a property without permission. A trespasser cannot sue a property owner for injuries suffered on that property except under “unusually dangerous” situations. There is; however, one group of potential trespassers to whom property owners still owe the duty of reasonable care: young children. This is where the doctrine of attractive nuisance applies. Under this doctrine, property owners can still be found liable for injuries caused to a young child, even one who is trespassing.

Massachusetts defines an attractive nuisance as an artificial condition on the property owner’s land that can “attract” children to trespass onto the land and lead to injury. This means that a natural pond, rock face, or other natural condition on the property is not subject to the laws of attractive nuisance.

How Do I Document an Injury?

Published on: August 2, 2021 | by Marcotte Law Firm LLC

How Do I Document My Car Accident Injuries?

When you’ve been injured in a car accident, your life can be turned upside down. In addition to dealing with the normal hurdles that life brings, you also have to deal with an injury. Now you’re also having to go to doctor’s appointments and therapy visits while also having to deal with the fact that your normal activities now aren’t as easy to do.

How an injury affects your life on a day to day basis is what is generally known as pain and suffering. While many rightly assume that it’s their Personal Injury Lawyer’s job to prove your pain and suffering, it’s actually a joint venture. Like a basketball player without shoes, a personal injury attorney can only do so much to prove injuries if he or she doesn’t have a client who properly documents those injuries.

Sporting Event Injuries

Published on: July 19, 2021 | by Marcotte Law Firm LLC

As we get into the summer months, it is time for all of the fun activities associated with the warm weather and all the “tough” decisions. Hamburger or hot dog? Beach or pool? Red Sox or Yank…(we all know there’s no decision to make there!). One of the state’s best warm weather activities is the annual summer tradition – a trip to Fenway Park to watch the Red Sox. Few things compare with watching a game on a cool summer night at Fenway.

As great as the game is, it can be very easy to get distracted. You look at your phone to respond to a text or take a photo of your family; flag the vendor for a hot dog or cold beverage; or turn to your neighbor to discuss how good the Sox lineup looks. In that instant, a batted ball or a splintered bat can come flying into the stands, causing serious personal injury. Unfortunately, this is becoming a more and more common occurrence. So what happens if you are injured at a baseball game or any other sporting event when something comes from the field of play into the stands? Can I recover damages for my injuries? This article will discuss what causes of action, if any, are available as well as the little-known and very old, “Baseball Rule.”

For the purposes of this article, we will focus on baseball and use Fenway Park where examples are necessary, but these legal issues would also extend to other sports, for example, hockey. If you were injured at a game by a ball or bat, any lawsuit would be filed under a negligence claim. Under a negligence claim, you need to establish that the owners of the stadium did not take reasonable precautions to keep you safe. This is why when you attend a game at Fenway, the team has placed signs all over the park warning fans of the dangers of hit balls and bats, as well as making an announcement over the loudspeaker at the beginning of the game.

What is a Premises Liability Case?

Published on: July 12, 2021 | by Marcotte Law Firm LLC

Many lawyers use the term “premises liability,” which is a phrase that most people don’t use. Therefore, there’s often a misconception about what the term means. In reality, it’s a way to describe the duty owed by a business or property owner. These claims are a type of a negligence lawsuit, which means the focus of a claim is usually on the duty of care owed and whether or not that duty was breached. For your reference, some common examples of these types of claims include, but are not limited to:

“slip and fall” accidents, including snow and ice
Injuries sustained in swimming pools, including drowning

What Makes a Dog Bite Case?

Published on: June 30, 2021 | by Marcotte Law Firm LLC

According to the American Veterinary Medical Association, there are about 77 million dogs in the United States. That is a lot of dogs! If you were to go for a five-to-ten minute walk in your neighborhood, the chances are that you would see at least a dog and very likely come into close contact with one. The majority of the time the interactions are enjoyable – for you and the dog! However, this is not always the case. As car accidents become a likelihood due to the volume of vehicles on the road, the quantity of dogs and interactions with them can also lead to accidents.

The most common of these accidents is in the form of a dog bite, which will be the focus of this article.

Under the Massachusetts Dog Bite Statute, a dog’s owner may be found civilly liable for any damages caused, to person or property, by their dog. The statute applies when a dog causes personal injury or property damage. Even though it is referred to as the Dog Bite Statute, all injuries resulting from a dog are included, not just bites. For example, the statute would apply if a person was knocked down by a large breed dog and suffered a broken wrist. Notably, the statute adds an exception: the injured person must not have been trespassing or committing

Rideshare Accidents Are On the Rise

Published on: June 23, 2021 | by Marcotte Law Firm LLC

Given the prevalence of ridesharing services, i.e., Uber and Lyft, it is understandable that rideshare car accidents involving these services are on the rise. As common as motor vehicle accidents are, it stands to reason that these services would be as likely to be involved in an accident as any other vehicle. However, due the nature of their employment relationships and often three (3) or more parties being involved, ridesharing accidents present a unique set of circumstances that differentiate them from normal motor vehicle accidents and even accidents involving taxi cabs, the service they are replacing.

Where these accidents often differ with ridesharing, is that there are now multiple levels of personal involvement; the rideshare company itself, the driver – who is an independent contractor, the passenger, and any other 3rd parties involved in the accident. The competing interests and responsibilities of these multiple actors can lead to difficulty obtaining relief for an injured party.

An important fact to know is that individuals who drive for rideshare companies are not “employees,” in the legal sense. Rather, they are independent contractors. This is significant for a couple for reasons. First, from the perspective of the driver, they are not entitled to Workers’ Compensation in the event of a workplace accident. Next, you are required to carry your own insurance. As we will see, when the accident occurred in the course of the driver’s day has huge significance. For example, according to Uber’s website, they offer supplemental coverage of

Pedestrian Accidents in Massachusetts

Published on: June 14, 2021 | by Marcotte Law Firm LLC

As the weather turns from winter to summer (does spring even exist anymore in New England?) and as we move back to normal, we will find ourselves outside more often. Walking is a great way to get outside, clear your mind, and generally improve your well-being. Most cities and towns have clearly marked areas for pedestrians to walk, usually in the form of sidewalks and crosswalks. However, accidents do occur. So what happens when, through no fault of their own, a pedestrian is struck by a vehicle? And what are the responsibilities of each party; the pedestrian and the driver?

To answer that we should look at where the accidents typically take place. Two (2) common locations where pedestrian accidents occur are in crosswalks and parking lots. Intuitively, this makes sense as these are areas where people and cars intersect. By their nature, these are high pedestrian-traffic areas. Drivers are taught to be aware of pedestrians in these areas.

Crosswalks