Massachusetts Personal Injury Lawyer / Boston, MA Accident Attorneys
Attorney Gil Hoy

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When You or Your Loved One Has Been Injured or Killed As a Result of a Failure to Exercise the Requisite Duty of Care, Call Our Massachusetts Personal Injury Lawyer Advocates at 617-787- 3700 or Email Our Boston, MA Accident Attorneys at Our Massachusetts Attorneys Are Available 24/7.

Negligence can only be proved when a duty to use reasonable care exists, which, under Massachusetts law, will be decided by a judge as a question of law in Massachusetts accident injury cases. Certain specific relationships create a duty of care that arises under Massachusetts law. Massachusetts landowners or occupiers of land, for example, owe a duty to exercise reasonable care with respect to all lawful entrants, as well as a duty to refrain from willful, wanton or reckless behavior regarding trespassers. A failure to fulfill these standards of care will subject a Massachusetts landowner to liability for money damages. Landowners or Massachusetts occupiers of land are generally not responsible for the criminal conduct of third persons unless their negligence allowed the crime to be committed.

In addition, a duty can arise when there is a special relationship between the defendant and the injured Massachusetts plaintiff. A special relationship may exist when harm is foreseeable, when the plaintiff relies on the defendant’s conduct, or when the defendant is in a position of control or authority. If a defendant has a special relationship with the plaintiff, the defendant may be required to use reasonable and appropriate care to prevent potential harm that is foreseeable, including accidental, intentional or negligent acts of third persons. Even when a special relationship exists, however, a defendant will only be held to the duty to exercise reasonable and appropriate care if the risk of the harm outweighs the burden of eliminating the harm by corrective measures. If the burden is too great, the duty of reasonable care is satisfied with no further action being necessary.

Another typical relationship that can give rise to a duty of care is that of a Massachusetts employer and a Massachusetts employee. Employers, for example, may owe a duty of reasonable and appropriate care to third persons for injuries caused by their employees if the employee acted within the scope of his or her Massachusetts employment at the time the injuries were caused. A Massachusetts employee is working within the scope of his or her employment if: the conduct was the kind that the employee was hired to perform for the employer; the conduct took place within the period of the employment; and the conduct was motivated, at least in part, by an intention to serve the interests of the employer. If the employee is acting within the scope of employment, and negligently causes injuries to a third person, the employee is liable under the doctrine known as respondeat superior.

In addition, Massachusetts employers have a public duty to exercise reasonable care in the hiring and retention of their employees when those employees come into contact with the public during the course of the employer’s business. If a Massachusetts employer fails to satisfy these standards of care, and the hiring was negligent, the injured Massachusetts party may sue the employer for damages, including medical expenses, lost wages, pain and suffering and loss of consortium.

Some relationships, under Massachusetts law, will not result in a duty being owed. Social hosts, for example, don’t owe a duty to protect against the criminal acts of their guests, unless the risk of injury is foreseeable. Additionally, a Massachusetts lawyer who drafts a will does not have a duty of care to the beneficiaries of the will.

When evaluating and defining the scope of any duty that is owed to a third party, it is necessary to analyze the applicable standard of care that is involved. The standard of care is the degree of care that a reasonably prudent and thoughtful person in a similar situation would undertake. Negligence happens when there is a deviation from that standard of care. The duty of care that is owed is to refrain from acts, or a failure to act, that may unreasonably expose another party to a risk of injury. To determine the appropriate standard, the defendant’s actions should be contrasted with what is expected with respect to the conduct of the community that he or she is a part of.

When the Duty of Care Owed to You or a Loved One Has Been Not Been Satisfied, and Injuries Are the Result, Call Our Massachusetts Personal Injury Lawyer Specialists at 617-787-3700. Our Boston, MA Accident Attorneys Are Available 24/7.

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is comprised of a group of Boston injury lawyers who have been personally selected by Attorney Hoy because of their exceptional talent, track record, skill, experience, integrity, national reputation and demonstrated expertise.

Many of the Massachusetts lawyers who represent our Massachusetts injury clients as a result of referral agreements have been honored as being among the very best lawyers in Massachusetts and, in fact, America.

Our Boston, MA lawyer professionals have been chosen as Massachusetts Super Lawyers and New England Super Lawyers by Boston Magazine, as Boston's Best Lawyers and Lawyer of the Year by the Boston Globe, and for inclusion in The Best Lawyers in America publication.

When You or Your Loved One Has Been Injured Through No Fault of Your Own, Call Our Massachusetts Personal Injury Lawyer Advocates For Help. Our Boston, MA Accident Attorneys Have Been Helping Massachusetts Personal Injury Victims for Over 25 Years. Call Our Boston Law Firm Today at 617-787-3700. Your Needs Are Our Top Priority!











Call Our Boston, MA Law Firm Today At 617-787-3700 or Email Us At
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