Once a duty is established that is owed to the Massachusetts personal injury victim, the fact finder, in determining whether negligence exists, must then determine whether the defendant breached that duty. One way to analyze the issue of breach is to look at whether the conduct in question represents custom or usage. Acts that are performed in the regular course of business, or as a part of a regular routine, may be admissible as evidence to prove negligence when the particular conduct in question cannot be independently recalled. Past acts or habits of an individual also may be introduced as evidence to show that the same act occurred on a different occasion and that the acts or habits constitute a breach of duty to the personal injury victim.
A violation of a safety statute is another way of showing a breach of a legal duty of care. A violation of a safety statute or similar enactment or regulation may be evidence of a violator’s negligence as to all of the consequences that the statute was intended to prevent. Additionally, violation of a criminal statute may be considered by a fact finder as evidence of the defendant’s negligence as to all of the consequences that the criminal statute was intended to prevent.
Another common way to establish breach is through the Massachusetts legal doctrine known as res ipsa loquitur. Res ipsa loquitur means “the thing speaks for itself.” Under this doctrine, it is a legal presumption under Massachusetts law that the defendant was negligent because proof exists both that the instrumentality that caused the injury was in the defendant’s exclusive control and also that the accident does not ordinarily occur without negligence. This doctrine can be used to show negligence when there is no other evidence showing what actually happened on the particular occasion.
A Massachusetts expert witness can also help to establish a breach of duty at a Massachusetts personal injury trial. When an expert, with respect to relevant scientific evidence, would be helpful in demonstrating the reliability and validity of certain acts, their opinions are permitted in a Massachusetts court to prove breach of a duty.
Our Boston, MA personal injury accident attorneys are proud to represent Massachusetts personal injury victims from throughout the Commonwealth of Massachusetts. The overriding goals of our Boston law firm are two-fold. First, we will work tirelessly to provide you or your loved one with outstanding legal representation. The quality of the legal counsel provided by our injury attorneys is top notch. Second, we provide our Massachusetts clients with exceptional client service. The superior quality of our client service truly distinguishes us from other Massachusetts personal injury law firms.
