Legal News August 2007

Legal News

May 2008

Don’t Be Scammed by Dishonest Contractors

Home improvement contractors (such as painting, roofing, siding and window replacement) are among the worst for dishonesty. The nature of the business makes it easy to prey upon low and moderate income families.

Their actions typically involve false and deceptive advertisements and misrepresentations as to registration, licenses and insurance coverage. Demanding excessive advanced deposits, cashing deposits personally as opposed to depositing to a business account and refusing to refund deposits are also deemed to be violations.

By spending the time to check out the contractor before any deposit is given, you can save your money and an unnecessary lawsuit. Typically, you should check with the Chamber of Commerce and the Better Business Bureau. Make sure to ask for references and a copy of their contractor’s license and certificate of insurance for general liability and workers comp coverage if applicable.
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Registration as a Sex Offender has Life Long Consequences

Most people, particularly those with children or grandchildren, are very satisfied and content that Massachusetts now has a law which warns, notifies and allows access to sex offender information. Most people think of registered sex offenders as perverts, rapists or child molesters. Hence the creation of the Sex Offender Registry Board, the watchdog created by legislature several years ago.

There are many cases that involve minor sexual offenses and which do not involve violence or danger to the general public. These individuals have no prior arrests or incidences of any kind, but they must under our law register with life long consequences.

One involved a man who as a minor pled guilty to a sexual offense involving a consensual relationship. Statutory rape can be charged regardless of consent, hence the requirement to register as a sex offender. The court felt that the penalty of registration for a crime committed 24 years ago was unfair and relief from registration was granted.

Triple Damages for Unauthorized Cutting Down of Trees

A jury recently found a defendant responsible for cutting down his neighbor’s trees without permission and awarded the neighbor $30,000 in damages. The neighbor proved by expert testimony that the replacement value of the trees came to $30,000. What the average person does not know is that the law under M.G.L. c. 242 §7, requires any damages to be tripled. Thus the final award was $90,000 plus interest and costs.

You must receive written permission from your neighbor to cut down trees which may block your view or for any other personal reasons. If you are able to obtain a written permission slip describing the details permitted, make sure that you give a copy to the tree service because they will not perform the service on someone else’s property without written authorization.

Negligence and Breach of Warranty Case settles for $1 Millionn

In a recent case a 22-year-old factory worker was inserting sheet metal into a mill when his left hand was pulled into the unguarded machine. He sustained a serious injury to his left hand requiring reconstructive surgery, amputation of multiple fingers and insertion of orthopedic hardware. He had a permanent loss of function, disfigurement and deformity.

This young man sued the manufacturer for negligence and the defendant machine service company for breach of warranty for failing to make sure there were proper safeguards or safety measures. The case ultimately settled for $1 million.

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Late Filing of a PIP Application

After a motor vehicle accident your insurance company pays up to $8,000 in Personal Injury Protection benefits, which includes medical bills and lost wages. In the event that you are unable to file the application until three or four months later and you are denied benefits by the insurance company because of late filing, the insurance company must show that it has been harmed by the delay or must pay the benefits. In the event that the insurance company doesn’t pay, it is clear under Massachusetts law that it has violated our consumer protection statute, and double or triple damages plus attorney’s fees may be awarded to you in the event your attorney has to take the matter to court.

Late Model Car Modules Contain Valuable Information

New technology can now be used to establish speed and other details by examining a device known as an “event data recorder”, a component of a vehicle’s airbag control system. In the event of a crash the module stores data that has been continually recorded. This information must be presented at trial through expert testimony. This device may be extremely useful in a civil action for injuries or a defendant’s defense of criminal charges. Therefore, it is imperative after a crash to preserve the vehicle so this module may be used for later analysis.

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