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Providing Excellent Legal Counsel to Clients Across Massachusetts. For a FREE CONSULTATION, NO FEE UNTIL WE GET YOU MONEY ON YOUR MASSACHUSETTS PERSONAL INJURY CASE! |
Our Boston Injury Law Firm Has Obtained Millions of Dollars in Damages For Our Massachusetts Clients. Call the Boston Lawyers at Our Massachusetts Personal Injury Law Office 24/7 at 617-787-3700 or Email Us at info@gilhoylaw.com.Once a duty has been shown to exist under Massachusetts law, the fact finder, in determining whether negligence is present, must next determine whether the defendant breached that duty of care. One way to evaluate and analyze the question of breach is to consider whether the conduct in question represents a particular custom or common usage. Acts that are routinely performed in the regular course of business may be admissible as evidence to establish negligence when the particular conduct in question cannot be recalled independently. Past habits or acts of an individual or entity also may be introduced as evidence to show that the same act or habit occurred on a different occasion and that the act or habit constitutes a breach of duty to the Massachusetts accident victim. In other words, evidence of the regular course of business, custom or habits of the alleged wrongdoer may be introduced as evidence to show that the wrongdoer's conduct conformed with past practice with regard to the particular actions being considered. A violation of a safety statute is another method of demonstrating a breach of a duty of care under Massachusetts law. Such a violation is considered to have probative value. A violation of a safety statute or similar enactment or regulation may be used as evidence of a violator’s negligence as to all of the negative results that the statute was designed to prevent. In addition, violation of a criminal statute may be regarded by the fact finder as evidence of the defendant’s negligence with respect to the consequences that the criminal statute was designed to prevent. Another way to establish a breach of duty is through the Massachusetts legal doctrine called res ipsa loquitur. Res ipsa loquitur means “the thing speaks for itself.” Under this doctrine, there is a presumption under Massachusetts law that a defendant was negligent, because proof is available to show both that the instrumentality that caused the plaintiff’s injury was in the defendant’s exclusive control and also that the accident would not ordinarily occur without someone’s negligence. This Massachusetts doctrine can be used to prove negligence when there is insufficient evidence showing what actually happened on the particular occasion. A Massachusetts expert witness can also be useful to show a breach of duty during a Massachusetts personal injury trial. When an expert, on a topic of relevant scientific evidence, would be helpful and useful in showing the reliability and validity of certain acts, that expert’s opinions are permitted in a Massachusetts court to prove the breach of a duty. Our Boston Injury Law Firm is Here to Help 24/7. Call Our Massachusetts Personal Injury Law Office Today at 617-787-3700.Our Boston, MA accident attorneys are honored to represent Massachusetts personal injury victims from throughout the Commonwealth and beyond. There are two fundamental goals of our Boston law office. First, we will work tirelessly and relentlessly to provide you with outstanding legal representation. We are outstanding lawyers. The quality of the legal services provided by our injury attorneys is first-rate. Second, we provide all of our clients with exceptional client service and care. The superior quality of our client service and care truly distinguishes us from other law firms. Your needs are our top priority! Largest Massachusetts Cities: Other Massachusetts Cities and Towns of Note: Massachusetts Counties and Massachusetts Regions: Our Boston Injury Law Firm Has Some of Boston's Best Accident Lawyers. Call Our Massachusetts Personal Injury Law Office 24/7 at 617-787-3700. Your Needs Are Our Top Priority!
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Our Expert Massachusetts Personal Injury Attorneys Have Obtained Millions of Dollars For Our Massachusetts Personal Injury Clients. |