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Tag: negligence

Classic negligence: The Truth About the McDonald's Hot Coffee Case

The Truth About The McDonald’s Hot Coffee Case

The McDonald’s hot coffee case lives in legend, standing to many as an example of ‘frivolous’ law suits.  Yet those who hold such opinions have never let the actual facts stand in the way of their attack on the case and the civil justice system. The truth about the McDonald’s hot […]

Why Negotiation Requires Preparation

Negotiation of Personal Injury Cases

Negotiation poses a key opportunity in every legal matter.  Many or most cases settle before trial.  Enlightened negotiation skills increase the likelihood of acceptable final results. Basic skills are the same but we focus here on negotiating personal injury claims. Know Your Case Before Negotiation In a personal injury claim knowing the case brings […]

When Property Dangers Cause Injury

Property Dangers: Premises Liability

Stairways in deplorable condition cause injuries.  But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to […]

Vicarious Liability Flows Upwards to the Company

Vicarious Liability – Responsibility Flows Up

Vicarious liability is a legal theory holding one party responsible for the negligence of another.  An employee drives a company vehicle, causing an accident.  Vicarious liability holds the company responsible. Generally, vicarious liability attaches when a “master and servant” relationship exists.  If so, the master faces responsibility for the servant’s […]

When They Say 'That Never Happened Before'

That Never Happened Before – Defense to an Accident Case?

Something happens.  There’s an accident.  Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to higher-ups in management or an insurance company, this phrase is often repeated as if to say, we did nothing wrong, it’s your own fault. […]

Use of Photo and Video Evidence in Court

Photo and Video Evidence: Always Allowed in Court?

Photographs and video present some of the most effective evidence possible in court.  In the dark ages of photography it took a small investment to buy or rent video equipment.  But now that nearly everyone has a basic camera and video capability at their fingertips through a cell phone, it’s hard […]

Open and Obvious Dangers, a defense?

Does Open and Obvious Defense End an Injury Claim?

Open and obvious dangers present themselves every day.  Cliffs or holes beside a road or walkway.  Construction debris.  The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end […]

Injury Claim Puzzle Pieces

Injury Claim Handling: Hidden Pieces, Unknown Dynamics

Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious.  Imagine a puzzle, but some pieces are hidden. Think about it.  The furnace makes loud noise.  Most homeowners won’t attempt to fix it.  You need to fly cross country.  Will you tune up the jet engines and pilot the aircraft yourself?  Many jobs require expertise. […]

Ghosts in the machine & negligence

Negligence, Gross Negligence & Willful, Wanton Conduct

Failing to use reasonable care causes negligence.  But, negligence comes in degrees.  Different levels of negligence can make a difference. Ordinary Negligence The “reasonable person” standard requires people to conduct themselves as a reasonably careful person would under like circumstances.  Ordinary negligence occurs when someone does something that a reasonably careful person would […]

Supplemental Needs Trusts

Supplemental Needs Trust & Personal Injury

Supplemental needs trusts, if established properly, can protect certain benefits when there is a personal injury settlement. Before the settlement is effectuated, an attorney drafts this trust to hold and disburse settlement proceeds and potentially other property for the benefit of the person receiving the settlement. Certain benefits are needs-based, […]



Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH) areas.

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