Massachusetts Tort Law Manual
Basic slip and fall to complex product liability

- Product Number: 2000286B00
- Publication Date: 9/7/2021
- Edition: 3rd Edition 2017, with 2019 & 2021 Supplements
- Copyright: © 2021 MCLE, Inc.
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Product Description
Product Description
An authority on virtually every type of tort claim actionable in the Commonwealth of Massachusetts, MCLE's Massachusetts Tort Law Manual provides practical guidance on spotting the issues, building a case or a defense, and buttressing your client's position with case law that is both on point and compelling. Whether your case involves a defective medical device, liquor liability, a wrongful death claim, or a slip on ice, you can use this book to counsel your client, draft effective pleadings, and make your strongest case.
Recent updates:
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Update: August 2021
Dear Subscriber:
Thank you for augmenting your library with the 2021 supplement to the Massachusetts Tort Law Manual. This latest supplement brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the many issues addressed in this supplement include
- the Supreme Judicial Court's adoption of the "but for" test—and elimination of the "substantial contributing factor" test—for determining causation in most negligence cases;
- the limits of a landlord's responsibility for the actions of a tenant's pit bull;
- a jury's use of expert testimony to help distinguish ordinary negligence from gross negligence;
- the insufficiency of a merely custodial relationship to establish an adult's duty of care toward a child guest;
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opinions finding for purposes of the wrongful death statute that
- the personal representative of a decedent's estate was bound by the decedent's release, and
- the statutory beneficiaries of a decedent's estate were bound by an arbitration agreement signed by the decedent's attorney-in-fact under a power of attorney;
- a Supreme Judicial Court decision holding that claims for a tenant's slip and fall on snow or ice in a common area sound in tort and may not be recovered in contract under the implied warranty of habitability;
- a $25,000 increase (effective January 1, 2020) in the procedural threshold for actions brought in the District and Superior Courts;
- developments in law and enforcement practice relating to privacy and data security;
- case law clarifying that certain claims against landowners involving child trespassers may be brought either as a common law claim for negligence or a statutory claim under G.L. c. 231, § 85Q;
- duties to plaintiffs who allege that they were harmed as a result of negligent security measures;
- the responsibilities of indemnitors and indemnitees with respect to claims implicating a contractual indemnification clause;
- cases addressing the scope of exemptions to the Massachusetts Tort Claims Act; and
- updated judicial commentary from Superior Court associate justice Maynard M. Kirpalani.
We trust you will find this latest version of the Massachusetts Tort Law Manual an invaluable resource for your busy practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: May 2019
Dear Subscriber:
Thank you for augmenting your library with the 2019 supplement to the Massachusetts Tort Law Manual. This latest supplement brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the many issues addressed in this supplement include
- what if any duties a hospital owes with respect to a psychiatric patient released from commitment under G.L. c. 123, §§ 6 and 8;
- the liability of a brand-name drug manufacturer to the purchaser of a generic form of the drug if the manufacturer "intentionally failed to update the label on its drug, knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use";
- imputation of fault to a company's senior management pursuant to the in pari delicto doctrine;
- a university's duty to protect students from sexual assault or harassment;
- remedies that may be available for a wrongful litigation claim;
- liability for failure to secure a vehicle that was then used without authorization to damage the plaintiff's property;
- the standards for assessing the foreseeability of a violent act occurring on the defendant's premises; and
- updated judicial commentary from Superior Court associate justice Maynard M. Kirpalani.
In addition, the Massachusetts Tort Law Manual now includes as an appendix the complete contents of Obtaining and Using Medical Records in Massachusetts by Victoria M. Santoro Mair—a detailed guide to the law, procedure, available documentation, and strategy needed for effectively handling medical records in civil litigation. More than two dozen forms and other useful exhibits are included along with the text.
We trust you will find this latest version of the Massachusetts Tort Law Manual an invaluable resource for your busy practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: July 2017
Dear Subscriber:
Thank you for updating your library with the 2017 edition of the Massachusetts Tort Law Manual. This latest edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the many developments reflected in this edition include the following:
- recent case law regarding inadequate warnings for medical devices;
- the Supreme Judicial Court's holding that an affidavit submitted in a liquor liability case under G.L. c. 231, § 60J need not be based on personal knowledge, so long as it "provide[s] identifiable sources of information that are reasonably reliable, and set[s] forth details of that information";
- recent case law on substantive and procedural considerations applicable to defamation claims;
- further expansion of the "mode of operation" approach applied in slip-and-fall cases;
- an update on large settlements reached in cases under the Telephone Consumer Protection Act and the Health Information Technology for Economic and Clinical Health (HITECH) Act;
- case law on the requirements for presentment under the Massachusetts Tort Claims Act;
- a recent U.S. Supreme Court case on equitable tolling under the Federal Tort Claims Act; and
- extensive revisions to the book's discussions of negligent security and contribution and indemnity.
We trust you will find this latest version of the Massachusetts Tort Law Manual an invaluable resource for your busy practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: August 2021
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Table of Contents
Table of Contents
expand allChapter 1 expandNegligence
Buy ChapterExhibit 1A
- Plaintiff’s Interrogatories to the Defendant—Company Buy FormExhibit 1B
- Plaintiff’s Interrogatories to the Defendant—Individual Buy FormExhibit 1C
- Defendant Company’s Interrogatories to the Plaintiff (Injured Party) Buy FormExhibit 1D
- Defendant’s Interrogatories to the Plaintiff (Consortium) Buy FormExhibit 1E
- Plaintiffs’ Requests for Production of Documents and Other Items to Defendant Company Buy FormExhibit 1F
- Defendant Company’s Requests for Production of Documents and Other Items from Plaintiff John Smith Buy FormExhibit 1G
- Plaintiffs’ Request for Jury Instructions Buy FormExhibit 1H
- Defendants’ Request for Jury Instructions Buy FormChapter 2 expandProducts Liability
Buy ChapterExhibit 2A
- Product Standards Buy FormExhibit 2B
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 2C
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 2D
- Plaintiff’s Requests for Production of Documents and Other Items Buy FormExhibit 2E
- Defendant’s Requests for Production of Documents and Other Items Buy FormExhibit 2F
- Jury Instructions Buy FormChapter 3 expandMedical Device Products Liability
Buy ChapterChecklist 3.1
- Information Required in a Premarket Approval Application Buy FormChecklist 3.2
- Information to Request from the FDA Regarding an Allegedly Defective Medical Device Buy FormExhibit 3A
- References Buy FormExhibit 3B
- Excerpt from Quality Audit Worksheet Buy FormExhibit 3C
- Stages in the Development of a Medical Device Buy FormChapter 4 expandLiquor Liability
Buy ChapterExhibit 4A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 4B
- Defendants’ Interrogatories to the Plaintiffs Buy FormExhibit 4C
- Plaintiff’s Request for Production of Documents and Other Items Buy FormExhibit 4D
- Defendants’ Request for Production of Documents and Other Items Buy FormExhibit 4E
- Plaintiff’s Request for Jury Instructions Buy FormExhibit 4F
- Defendant’s Request for Jury Instructions Buy FormChapter 5 expandWrongful Death Claims
Buy ChapterExhibit 5A
- Summary of Damages in Wrongful Death Actions Buy FormChapter 6 expandEmotional Distress
Buy ChapterChecklist 6.1
- Defenses to a Claim for Intentional or Reckless Infliction of Emotional Distress Buy FormExhibit 6A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 6B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 6C
- Model Requests for Production of Documents and Other Items Buy FormExhibit 6D
- Sample Jury Instructions Buy FormChapter 7 expandDefamation
Buy ChapterChapter 8 expandThe Warranty of Habitability
Buy ChapterExhibit 8A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 8B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 8C
- Plaintiff’s Requests for Production of Documents and Other Items Buy FormExhibit 8D
- Defendant’s Requests for Production of Documents and Other Items Buy FormExhibit 8E
- Jury Instruction Buy FormChapter 9 expandSlip and Fall
Buy ChapterExhibit 9A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 9B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 9C
- Plaintiff’s Request for Production of Documents and Other Items Buy FormExhibit 9D
- Defendant’s Request for Production of Documents and Other Items Buy FormExhibit 9E
- Requests for Jury Instructions Buy FormChapter 10 expandInitial Steps in Litigating a Motor Vehicle Tort Action
Buy ChapterExhibit 10A
- Sample Complaint Buy FormExhibit 10AA
- Cover Letter to Court for Notice to Offer Medical Report Buy FormExhibit 10B
- Sample Cover Sheet (Superior Court) Buy FormExhibit 10BB
- Notice of Intention to Offer Medical Report Buy FormExhibit 10C
- Sample Cover Sheet (U.S. District Court) Buy FormExhibit 10CC
- Affidavit of Counsel Buy FormExhibit 10D
- Sample Statement of Damages (Massachusetts District Court) Buy FormExhibit 10DD
- Affidavit Pursuant to G.L. c. 233, § 79G Buy FormExhibit 10E
- Letter to Client After Suit Is Filed Buy FormExhibit 10F
- Sample Motion for Ex Parte Real Estate Attachment Buy FormExhibit 10G
- Sample Affidavit in Support of Ex Parte Attachment Buy FormExhibit 10H
- Sample Plaintiff’s Request for Documents Buy FormExhibit 10I
- Sample Notice of Taking Deposition (Rule 30) Buy FormExhibit 10J
- Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy FormExhibit 10K
- Sample Plaintiff’s Interrogatories Buy FormExhibit 10L
- Sample Plaintiff’s Interrogatories Buy FormExhibit 10M
- Plaintiff’s Motion for Defendant’s Criminal Record Buy FormExhibit 10N
- Plaintiff’s Request for Admission Buy FormExhibit 10O
- Sample Acknowledgment Letter to Client Buy FormExhibit 10P
- Sample Tracking Order Buy FormExhibit 10Q
- Sample Answer to Complaint Buy FormExhibit 10R
- Cross-Claim Buy FormExhibit 10S
- Third-Party Complaint Buy FormExhibit 10T
- Defendant’s Interrogatories to Plaintiff Buy FormExhibit 10U
- Defendant’s Interrogatories to Codefendant Buy FormExhibit 10V
- Request for Documents to Plaintiff Buy FormExhibit 10W
- HIPAA Authorization Buy FormExhibit 10X
- Authorization for Wage and Salary Information Buy FormExhibit 10Y
- Request for Documents to Codefendant Buy FormExhibit 10Z
- Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy FormChapter 11 expandMisrepresentation
Buy ChapterExhibit 11A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 11B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 11C
- Plaintiff’s Request for Production of Documents and Other Items Buy FormExhibit 11D
- Defendant’s Request for Production of Documents and Other Items Buy FormExhibit 11E
- Sample Jury Instructions: Negligent Misrepresentation Buy FormExhibit 11F
- Sample Jury Instructions: Intentional Misrepresentation Buy FormChapter 12 expandIntentional Torts to Persons
Buy ChapterChapter 13 expandTortious Interference with Business Relations
Buy ChapterChapter 14 expandInvasion of Privacy
Buy ChapterChapter 15 expandTorts to Property
Buy ChapterExhibit 15A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 15B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 15C
- Plaintiff’s Request for Production of Documents Buy FormExhibit 15D
- Defendant’s Request for Production of Documents Buy FormExhibit 15E
- Plaintiff’s Request for Jury Instructions Buy FormExhibit 15F
- Defendant’s Request for Jury Instructions Buy FormChapter 16 expandChapter 17 expandNegligent Security
Buy ChapterChecklist 17.1
- Steps in Planning to Investigate Crime at Particular Premises Buy FormChapter 18 expandContribution and Indemnity
Buy ChapterChapter 19 expandChapter 20 expandLimitation of Actions
Buy ChapterChapter 21 expandPreparation of a Plaintiff’s Case
Buy ChapterChapter 22 expandPreparation of a Defendant’s Case
Buy ChapterExhibit 22A
- Defendant’s Motion for Directed Verdict After the Plaintiff’s Case Buy FormChapter 23 expandMediation
Buy ChapterChapter 24 expandLiens
Buy ChapterAppendixObtaining and Using Medical Records in Massachusetts
Buy ChapterExhibit A1
- Checklist of Hospital Medical Records That May Be Needed in Litigation Buy FormExhibit A10
- Trial Subpoena Buy FormExhibit A11
- Notice of Intention to File Rule 13 Application Buy FormExhibit A12
- Application for Rule 13 Order Buy FormExhibit A13
- Rule 13 Order Buy FormExhibit A14
- Request for Production of Medical Records Buy FormExhibit A15
- Index Tabs for Ordering and Filing Medical Records Buy FormExhibit A16
- Massachusetts Medical Libraries Buy FormExhibit A17
- List of Medical References Buy FormExhibit A18
- Letters to Physicians Buy FormExhibit A19
- Plaintiff’s Offer of Proof and Supporting Affidavits Buy FormExhibit A2
- Typical Laboratory Report Form Buy FormExhibit A20
- Demand Letter Buy FormExhibit A21
- Checklist for Deposing an Adverse Expert Physician Buy FormExhibit A22
- Supreme Judicial Court Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents Buy FormExhibit A23
- Section 79G Forms Buy FormExhibit A24
- Section 79C Forms Buy FormExhibit A25
- Medical Terms Buy FormExhibit A3
- Illustration of Reference Range from Taber’s Cyclopedic Medical Dictionary Buy FormExhibit A4
- Medical Records Tracking System Buy FormExhibit A5
- Authorization to Use or Disclose Protected Health Information Buy FormExhibit A6
- Letter Accompanying Patient Authorization to Release Records Buy FormExhibit A7
- Motion to Compel Production of Documents from Hospital Buy FormExhibit A8
- Deposition Subpoena Buy FormExhibit A9
- Notice of Taking Deposition Buy Form - Editors & Authors