Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24 by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05 by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48 by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20 by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26 by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42 by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49 by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31 by Tarrant |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51 by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18 by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Negligence when using cell phone
No, there is no hard and fast rule or law that creates fault or liability based solely on the fact that one party was using her cell phone. After all, it is not illegal in Massachusetts for adults (over 18) to drive while using a cell phone. The issue of whether you were at fault in an accident or negligent (and thus liable to pay damages to another) will depend on the facts of the incident.
However, it is certainly possible that your use of a cell phone during an accident could increase the changes of you being found negligent or liable for damages by a court. For example, in a situation where a fact finder is attempting to apportion the blame of the parties, say in a case where a pedestrian jay-walked and was hit by a car, cell phone use could certainly be a large factor in shifting the blame to the driver. If the driver is paying attention, two hands on the wheel, and a pedestrian steps in front of her car outside of a cross-walk, then it seems like the pedestrian is more at fault. But what if the driver is using his cell phone and not paying attention? Then, perhaps, both parties share some of the fault, and the likelihood that the driver will have to pay some damages increases. Under the Massachusetts modified 'comparative negligence' system, a defendant can collect for their damages even if they were also negligent. Hope that helps.