Boston Personal Injury Lawyer

Providing Excellent Legal Counsel to Massachusetts Personal Injury Clients Across the Commonwealth
of Massachusetts.

For a FREE CONSULTATION About Your Massachusetts Personal Injury Law Claim, Call (617) 787-3700 today!


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

Negligence can only exist when there is a duty to use reasonable care, which, under Massachusetts law, will be decided by a judge as a question of law in Massachusetts personal injury cases. Certain relationships create a specific duty that arises under Massachusetts law. Massachusetts landowners or occupiers of land, for example, owe a duty of reasonable care to all lawful entrants, as well as a duty to refrain from willful, wanton or reckless behavior with regard to trespassers. A failure to satisfy that duty of care will subject a Massachusetts landowner to liability for money damages. Landowners or Massachusetts occupiers of land are generally not liable for the criminal acts of third persons unless their negligence allowed the crime to be committed.

Additionally, a duty will arise when there is a special relationship between the defendant and the injured Massachusetts plaintiff. A special relationship will be found to exist when harm is foreseeable, when the plaintiff relies on the defendant, and when the defendant is in a position of control. If a defendant has a special relationship with the plaintiff, he or she may be required to use reasonable care to prevent potential harm that is foreseeable, including accidental, intentional or negligent acts of third persons. However, even when a special relationship exists, a defendant will only be held to the duty to exercise reasonable care if the risk of the harm outweighs the burden of protection.

Another common relationship that gives 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 care to third persons for injuries caused by their employees if the employee acted within the scope of his or her Massachusetts employment. A Massachusetts employee will be considered to be working within the scope of his or her employment if: the conduct was the kind that the employee was hired to perform; the conduct occurred within the time and place of the employment; and the conduct was motivated, at least in part, by an intention to further the employer’s interests.

Additionally, Massachusetts employers owe a duty to the public to exercise reasonable care in the hiring and retention of their employees when those employees come into contact with the public in the course of the employer’s business. If a Massachusetts employer breaches these standards of care, the injured party may sue the employer for injury damages, such as medical expenses, lost wages, pain and suffering and loss of consortium.

Some relationships will not result in a duty being owed. Social hosts, for instance, do not have a duty to protect against the criminal acts of their guests, unless the risk of harm is foreseeable. Additionally, an attorney who drafts a will does not have a duty of care to the beneficiaries of the will.

When determining the scope of any duty, it is necessary to analyze the appropriate standard of care involved. The standard of care is the degree of care that a reasonably prudent person in a similar situation would exercise. Negligence results when there is a deviation from that standard of care. The duty of care is to refrain from acts or a failure to act that may unreasonably expose another to a risk of harm. To determine the appropriate standard, the defendant’s actions should be compared to the conduct of the larger community that he or she is a part of.

When the Duty of Care Owed to You or a Loved One Has Been Breached, and Injuries Are the Result, Call Our Boston, MA Personal Injury Lawyer Specialists at 617-787-3700. Our Massachusetts Accident Attorneys Are Available 24/7.

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates consists of a group of Boston accident attorneys who have been personally selected by Gil Hoy because of their exceptional talent, skill, experience, integrity, national reputation and unquestionable expertise.

Many of the Boston, MA attorneys who represent our Massachusetts clients through referral agreements have been honored as among the very best lawyers in Massachusetts and, in fact, America.

Our Boston, MA lawyer advocates 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.

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

Please Contact Our Boston, MA Personal Injury Lawyer Experts if You or Your Loved One Has Been Injured In a Massachusetts Accident. Our Massachusetts Personal Injury Attorney Specialists Can Be Reached at 617-787-3700 or Email Us at











Call Our Boston Personal Injury Lawyers Today at 617-787-3700 or Email Our Boston, MA Injury Attorneys At
Our Massachusetts Personal Injury Law Lawyer Specialists are Available to Assist Our
Massachusetts Personal Injury Accident Clients Twenty Four Hours a Day, Seven Days a Week.

Our Boston Personal Injury Attorneys Have Obtained Millions of Dollars For Our Massachusetts Personal Injury Clients.
Our Massachusetts Personal Injury Attorneys Are Passionate About Representing Our Massachusetts Personal Injury Accident Victims.
Let Our Expert Boston Personal Injury Lawyers Put Our Experience And Skills To Work For You.