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Published on:

Brian C. Dever 508-738-2272 BDever@Kecheslaw.com

Brian C. Dever
508-738-2272
BDever@Kecheslaw.com

In a few months, as the seasons begin to change and summer gives way to fall, our focus may turn to the trees of New England, as their leaves begin their annual change in color. It happens every fall, and it brings visitors in to the area from all over the country, and the world. Trees are a part of the New England identity, so much so that, in Massachusetts, we have a special statute concerning harm to trees and the amount of money a landowner can recover if his or her trees are cut down by another.

Pursuant to Mass. Gen. Laws ch. 242 §7, Willful Trespass to Trees, a landowner may recover damages for the loss of trees, timber, wood, or underwood, caused by the actions of another. If trespasser does not have a good reason to believe that the trees were on his/her land, then those damages are automatically multiplied by three, which is called treble damages. The case law informs us that “good reason” requires something more substantial than a (false) belief in property lines. According to Palmer v. Davidson, 211 Mass. 556, 98 N.E. 623 (1912), a mere belief that one has the right to cut down trees does not create a “good reason” that the trees are on his/her land. The statute creates an affirmative duty on the part of the tree cutter to investigate his/her rights prior to cutting down any trees. The duty can be satisfied by getting a surveyor or through a professional examination of the deed to the land. Thus, if someone has paid a surveyor to assess their property rights, and relying on that surveyor’s incorrect statements cuts down trees on another’s land, they would not be liable for treble damages, but would still be liable for the damage to the trees.

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Steve C. Zoni 508-822-2000 SZoni@Kecheslaw.com

Steve C. Zoni
508-822-2000
SZoni@Kecheslaw.com

Swimming Pool Injuries

Now that summer is here and the temperatures are heading north of 90 degrees, everyone is heading to the beach, pool or lake to cool off with friends and family.

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Ryan P. Kelley (508) 738-2627 RKelley@kecheslaw.com

Ryan P. Kelley
(508) 738-2627
RKelley@kecheslaw.com

Lead Poisoning and Massachusetts Law

With the recent press about the lead in Flint, Michigan’s water system, and the lawsuit brought by the residents of Flint, a lot of people are wondering about the signs of lead poisoning and the long term effects.

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Brian C. Dever 508-738-2272 BDever@Kecheslaw.com

Brian C. Dever
508-738-2272
BDever@Kecheslaw.com

Ikea Recalls over 29 Million Dressers After Tragic Deaths of Children

Ikea announced that it is recalling 29 million chests and dressers in the United States, and an additional 7 million from Canada, after disturbing reports of at least 6 deaths of small children related to the product. According to a New York Times article by Mike McPhate, the dressers and chests have been responsible for at least 6 deaths and more than 70 injuries. One of Ikea’s most popular models, the Malm, accounts for a large number of the recalled products. The article stated that the dressers are toppling over when children attempt to climb the drawers like a ladder, causing the dresser to fall forward and cause a crush injury. Apparently, the dressers are “balanced” in such a manner that they are top heavy, and if any pressure is applied to the front of them, they will fall forward. All of the 6 children who have tragically lost their lives were under 3 years of age. While all of the fatalities involved small children, older children and adults have been injured by these dressers unexpectedly toppling over, according to a recent Reuters article. Clearly, these dressers pose a danger to anyone. According to CPSC chairman Elliott Kaye, who serves as the head of the federal government’s consumer protection division, “It is simply too dangerous to have the recalled furniture in your home unanchored, especially if you have young children.”

Published on:

Ryan P. Kelley (508) 738-2627 RKelley@kecheslaw.com

Ryan P. Kelley
(508) 738-2627
RKelley@kecheslaw.com

Pedestrians Injured in Crosswalk or Struck by Motor Vehicles

As one can imagine, accidents involving a vehicle striking a pedestrian very often involve serious personal injuries that result in significant medical expenses and lengthy periods of time lost from work, as well as many cases with permanent, lasting injuries that drastically alter a person’s ability to live life as they are accustomed to. Have you, or someone you know, been injured in a crosswalk accident, or injured while crossing a road due to a motor vehicle striking you?  If so, you very well may have a legal claim against the driver who caused the accident.  Contact Keches Law Group today to have an experienced attorney evaluate your claim and assist you in pursuing the compensation you may be entitled to.

Published on:

Ryan P. Kelley (508) 738-2627 RKelley@kecheslaw.com

Ryan P. Kelley
(508) 738-2627
RKelley@kecheslaw.com

Motorcycle Accidents

Motorcycle accidents are very serious, given the lack of the protection for the person or persons riding the motorcycle in the event of a collision.  Consequently, a lot of motorcycle accidents result in very serious injuries, that can cause substantial medical expenses, long periods of time missed from work, and sometimes permanent injuries that drastically affect a rider’s, or passenger’s, ability to go about their daily life. If you or a family member have been injured in a motorcycle accident in Massachusetts, Rhode Island or Connecticut, the attorneys at Keches Law Group can help you determine whether you have a legal claim against the driver who struck you, and we will work for you to get you the compensation you are entitled to.

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Claudine A. Cloutier 508-738-2272 CCloutier@kecheslaw.com

Claudine A. Cloutier
508-738-2272
CCloutier@kecheslaw.com

Should I take a PIP Deductible?

In short – NO!  PIP or personal injury protection benefits are part of the limited no-fault system for motor vehicle crashes in Massachusetts.  If you are injured in a motor vehicle crash, unless you die, suffer a fracture, lose a body part or significant function, or a sustain disfigurement, you must incur $2,000 in medical bills in order to file a claim for pain and suffering against the negligent party.  See https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D

Published on:

Adam Becker 508-822-2000

Adam Becker
508-822-2000

Early Tuesday Morning, June 29, 2016, Thomas O’Day of East Bridgewater, aged 52, was tragically killed while picking up lane marking cones on Route 93 in Medford, MA near the Roosevelt Circle exit.  According to the Massachusetts State Police, the incident occurred when the worker was struck by a drunk driver.  Another worker was injured in the incident as well.  At the time of the incident, Mr. O’Day was working for HiWay Safety Systems, Inc. which is subcontracted by the Massachusetts State Transportation Department to perform highway marking.

The driver, James Scoville of Chelmsford, has been charged with vehicular homicide and operating under the influence.   Scoville’s parents stated that both they and their son were devastated by the incident.  Bostonglobe.com has reported that Scoville had worked a double shift on Monday as a waiter at State Street Provisions, a restaurant on Long Wharf in Boston.

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claudine
Claudine Cloutier

1-508-822-2000

By the second year of law school, every law student knows that in order to successfully pursue a personal injury claim based on negligence, the plaintiff must establish four elements: 1) duty of care; 2) breach of that duty of care; 3) damages; 4) a causal nexus between the breach and the damages.  But what do these mean if you’re the person injured? Although each of the elements has volumes of legal treatises attempting to interpret and explain it, a basic understanding is not difficult.

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Erica Pereira
Erica Pereira

508-822-2000


Under current Massachusetts law, drivers may carry as little as $20,000 in liability insurance. This can compound upon the otherwise unspeakable tragedy of losing a loved one to a fatal motor vehicle accident with economic hardship. In the event of an automobile accident resulting in death caused by negligence, most of the liability insurance would be consumed by hospital and funeral expenses. This would leave the family of the deceased with very little. It will also leave a family with dependent children in a serious economic predicament.