Massachusetts Personal Injury Library
Inaction to Prevent Injury May Support a Personal Injury Claim
Your Massachusetts personal injury claim may involve an injury sustained by another party's inaction to prevent your injury. If you are considering filing a lawsuit to seek damages related to harm sustained from someone else’s inaction to prevent injury, you should seek the help of a Massachusetts personal injury attorney.
What do I need to prove injury due to inaction in a personal injury claim?
To prevail in a personal injury claim where inaction is involved, you must be able to prove that:
- The defendant was responsible to act on behalf of your safety
- The defendant was guilty of inaction
- The inaction of the defendant was responsible for your injury
- You suffered damages as a result of the defendant’s inaction
Medical professionals are for the most part exempt from liability, except when they are involved in requested services in which you are injured because of their inaction to prevent injury. Examples may include a doctor failing to recognize complications that could arise from a procedure, or ignorance of symptoms leading to diagnosis of a previously unknown condition.
What about Massachusetts Good Samaritan Laws?
The Good Samaritan Laws in Massachusetts provide protection for any individual making a good faith effort in assisting another in peril, even if they fail to prevent injury or distress. The laws provide that there is a duty to report, but not to aid, victims of violent crimes as soon as it is practical. These laws also cover medical professionals, EMS and the general public trained in CPR as long as they are acting voluntarily on behalf of the injured.
Contacting a Massachusetts Personal Injury Attorney
When questioning your personal injury and whether or not your case is due to inaction on another’s part, it would be in your best interest to contact an experienced Massachusetts personal injury attorney at The Kiley law Group who can investigate your claim and help you file a personal injury lawsuit. Call now to schedule a FREE evaluation of your case – 1-888-208-1695.
