DATELINE:  BOSTON, MA�

An upcoming ruling by the Massachusetts Supreme Judicial Court (SJC) has the potential to be a very significant case not only for consumers, but also for the Commonwealth as a whole according to Attorney Lee M. Holland of Tarlow, Breed, Hart & Rodgers.

 

At issue in Joseph Iannacchino & others v. Ford Motor Company & another is the extent to which a plaintiff must sustain a demonstrable injury or loss before looking to the courts for relief from allegedly unfair or deceptive practices under Chapter 93A.  Once they clear this hurdle, for instance, they can access the statuteâ??s powerful treble damages provisions.  Accordingly, the answer is important to anyone who does business in Massachusetts and may potentially face such claims.

 

The Case in a nutshell.

In the Iannacchino case, the plaintiffs are contending that the defendants violated the Consumer Protection Act by failing to recall and fix certain vehicles that allegedly have a defect in their door latching mechanisms that exposes consumers to the risk of serious injury or death. The defendants evaluated the latch mechanisms and decided against initiating a recall.

 

The Superior Court granted the defendantsâ?? motion to dismiss the plaintiffsâ?? claim since the plaintiffs had been able to use the allegedly defective vehicles, and had not suffered any direct personal or economic injury as a result of the alleged defect. In the pending SJC appeal, the plaintiffs challenge the trial courtâ??s dismissal of the claim.

 

Pros and Cons.

Notes Holland, â??Several strong but competing arguments exist for the SJC to consider. On one hand, consumer advocacy groups argue that the ultimate goal should be improved consumer safety, and that it would be perverse to interpret existing law to require a consumer to suffer physical injury as a prerequisite to bringing a claim where it can establish that a defect exists which reasonably poses an increased risk of causing harm to consumers.

 

Conversely, it can be argued that consumers are adequately protected under existing law, but even more so by demand for improvements in safety. Manufacturers have an economic interest in achieving safe products where the market demands them, such as in the consumer automobile industry. Litigation regarding an alleged safety defect that has not resulted in any physical injury consumes resources that manufacturers might otherwise invest in product research and development, thereby hindering efforts to advance safety.

 

Broader societal costs may exist as well. For instance, an unanticipated increase in the litigation risks to which corporations doing business in the Commonwealth are exposed could operate as a disincentive to economic growth . . . .�

 

Stay tuned for the verdict.

It is true that the Iannacchino plaintiffs have been able to use their vehicles and have not suffered any direct injury. Assuming a defect exists in the door latches, however, it is also true that the Iannacchino plaintiffs face an elevated risk of injury every time they go for a drive. Does that elevated risk mean they can sue under the stateâ??s Consumer Protection Act? Stay tuned for the SJC ruling, expected in June 2008.

 

Tarlow, Breed, Hart & Rodgers, P.C.

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers, P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

The firmâ??s areas of expertise include litigation and dispute resolution, corporate law, employment matters, mergers and acquisitions, estate planning, taxation, real estate, bankruptcy, and municipal law.

 

The expertise and collegiality of the firmâ??s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.

 

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

 

 

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Protecting our pets from straying from our homes and backyards is one of the many responsibilities that we have to observe as pet owners. As such, it is very important that we put up some measures in our homes to make sure that they will always be safe. One of the things that we need to have to make sure that our pets stay within our premises is a fence. However, if you don’t want to mar the pristine landscape of your yard and your garden with a fence, then you might like to consider putting up an invisible fence like the PetSafe radio fence.

Knowing More about Invisible Fences

The invisible fence like the PetSafe radio fence was originally meant for those who like to travel in RVs with their pets. This kind of fence enables families with pets to travel around because it is a portable system that they can carry with them wherever they go. Although it was never meant to become a replacement for the wired fences that are usually put up around homes, the plug-and-play function of the invisible fence has now made it one of the most well-known items to have among owners of pets.

These invisible fences like the PetSafe radio fence works by transmitting a mild static correction from the collar that is part of its system. Known as the receiver of the fence system, this collar has two points where the transmission will flow. Once your pet goes beyond the borders that you have set for your invisible fence, the static correction will be transmitted to get its attention. You are assured though that this static will not harm your pet. It will only call his attention so he will not stray too far from your place. You will also be notified if your pet is already near the borders you have set up because a warning tone will sound off at once. This way, the fence will not only work at keeping your pet at bay but will also let you know when he is about to stray.

The Best Invisible Fence for Your Pet

If you really want to get the best invisible fence system for your pet, then you should go for the PetSafe radio fence. Bearing the standard system for radio fences, the PetSafe radio fence can be easily installed as you would only need to bury the wires on the surrounding area where you want your pet to stay in. You will then just put on the receiver collar around your pet’s neck so that he will start getting signals from the system.

Because it comes with the flags and additional wiring that you might need, you can put up the PetSafe radio fence by up to ten acres around your home. However, if you want to avail of a system that has several correction levels, then you should make sure to get the Deluxe Ultralight Receiver instead of just the original one. This is if you want to adjust the levels of correction that you want your pet to receive from his collar once he goes beyond your borders.

The Pet Depot Online

To get your pick of the PetSafe radio fence that you might want to buy, visit Pet Depot Online now. Here, you will not only find a great variety of invisible fences but also be able to see which will bring you great value for your money.

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When you’re injured, you need all the help you can get, and you need it as soon as possible.  Waiting can only possibly hurt your chances at a full and fair recovery.
If you or a loved one has suffered a personal injury, such as broken bones, head injuries, cuts, bruises, scarring, disfigurement, or other catastrophic injury that was caused by someone else’s carelessness or a defective product, the Massachusetts Personal Injury Law Center can help.
You should act fast to protect your legal rights and take action to begin the process to recover the money you are entitled to as compensation for your injuries, lost wages, pain and suffering.
As a VICTIM, you can file a lawsuit to recover damages from whoever is responsible for your injuries as a result of a car accident, slip and fall on another’s property, animal attack, or negligence.
The injury can be physical or psychological, but, to be considered actionable, it must occur due to the purposeful, negligent or unreasonable actions of SOMEONE ELSE, including another driver, your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a legal duty of care.
Damages for which you may be entitled may include, but are not limited to, lost wages, loss of earning capacity, medical bills, future medical care, pain and suffering, and rental car expenses.
In Massachusetts, you do not have to be completely blameless in order to recover money.As long as you are less than 50% responsible for your injuries, the other party at fault can be held liable for their share of the blame.  This is known as the doctrine of modified comparative negligence and our attorneys can analyze your case to see if you may be able to recover money damages, even though you may be partially at fault.
Our attorneys and support staff are here for you. A simple call puts you in contact with a committed, friendly, local attorney who will handle all aspects of your case and work hard to help you get what you deserve.The injury can be physical or psychological, but, to be considered actionable, it must occur due to the purposeful, negligent or unreasonable actions of SOMEONE ELSE, including another driver, your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a legal duty of care.
We will fight for your rights if you have suffered at the hands of another. Our lawyers are extremely responsive and available to provide a free consultation to you regarding your case immediately.
In most personal injury cases you will need to prove NEGLIGENCE in order to prove fault. You do not have to prove that the responsible party intentionally caused your injuries, just that they failed to use reasonable care and that this failure caused your injuries.
In order to successfully recover what is rightfully yours, NOTICE must be given to the respective insurance companies within a reasonable period of time.If necessary, the Massachusetts Personal Injury Law Center’s experienced trial counsel will proceed through a jury trial or bench trial, arguing on your behalf in order to achieve the best possible outcome for you.

Visit Us:
=========
http://www.massachusettspersonalinjurycenter.com

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While we cannot make the pain go away, the Attorneys and Personal Injury Paralegals at the Massachusetts Personal Injury Law Center can help make you whole again, by aggressively protecting your rights and forcing those responsible to pay you money damages.
Personal Injury Law is a unique form of law.  The successful personal injury lawyers at the Massachusetts Personal Injury Law Center are highly experienced, aggressive and actively seek the long-term well being of their clients.  Friendly and effective service is what you receive, including our promise that you will be kept in the loop regarding the status of your case.  And you have the final say whether a settlement offer is accepted or we continue to fight for fair compensation all the way to a jury trial.
If you or a loved one has suffered a personal injury, such as broken bones, head injuries, cuts, bruises, scarring, disfigurement, or other catastrophic injury that was caused by someone else’s carelessness or a defective product, the Massachusetts Personal Injury Law Center can help.
The injury can be physical or psychological, but, to be considered actionable, it must occur due to the purposeful, negligent or unreasonable actions of SOMEONE ELSE, including another driver, your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a legal duty of care.
In Massachusetts, you do not have to be completely blameless in order to recover money.
As long as you are less than 50% responsible for your injuries, the other party at fault can be held liable for their share of the blame.  This is known as the doctrine of modified comparative negligence and our attorneys can analyze your case to see if you may be able to recover money damages, even though you may be partially at fault.
Our attorneys and support staff are here for you. A simple call puts you in contact with a committed, friendly, local attorney who will handle all aspects of your case and work hard to help you get what you deserve.
We will fight for your rights if you have suffered at the hands of another. Our lawyers are extremely responsive and available to provide a free consultation to you regarding your case immediately.
Every state has time limits for bringing legal action called the statute of limitations. In Massachusetts, the statute of limitations for most personal injury lawsuits is three years. Some personal injury cases have special rules regarding how the time limit is applied and calculated.
Massachusetts Personal Injury Law Center will begin an initial investigation to determine both the facts and the circumstances that gave rise to your injuries and the nature of the injuries suffered.  In certain situations where necessary, we will hire private investigators to collect information, and, following the investigation, your attorney at the Massachusetts Personal Injury Law Center will send notice claim letters and letters of representation to the person or company responsible for your injuries and attempt to establish communication with their insurance company.  From here, we will engage in exchanging information with the representative or insurance company of who caused your injuries. After we have received and evaluated all of your medical records and bills from your doctors or health care providers, we will assemble a settlement package and send it to the insurance company to first try to settle your case out of court.

Visit Us:
=========
http://www.massachusettspersonalinjurycenter.com

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DATELINE:  BOSTON, MA…

An upcoming ruling by the Massachusetts Supreme Judicial Court (SJC) has the potential to be a very significant case not only for consumers, but also for the Commonwealth as a whole according to Attorney Lee M. Holland of Tarlow, Breed, Hart & Rodgers.

At issue in Joseph Iannacchino & others v. Ford Motor Company & another is the extent to which a plaintiff must sustain a demonstrable injury or loss before looking to the courts for relief from allegedly unfair or deceptive practices under Chapter 93A.  Once they clear this hurdle, for instance, they can access the statute’s powerful treble damages provisions.  Accordingly, the answer is important to anyone who does business in Massachusetts and may potentially face such claims.

The Case in a nutshell.

In the Iannacchino case, the plaintiffs are contending that the defendants violated the Consumer Protection Act by failing to recall and fix certain vehicles that allegedly have a defect in their door latching mechanisms that exposes consumers to the risk of serious injury or death. The defendants evaluated the latch mechanisms and decided against initiating a recall.

The Superior Court granted the defendants’ motion to dismiss the plaintiffs’ claim since the plaintiffs had been able to use the allegedly defective vehicles, and had not suffered any direct personal or economic injury as a result of the alleged defect. In the pending SJC appeal, the plaintiffs challenge the trial court’s dismissal of the claim.

Pros and Cons.

Notes Holland, “Several strong but competing arguments exist for the SJC to consider. On one hand, consumer advocacy groups argue that the ultimate goal should be improved consumer safety, and that it would be perverse to interpret existing law to require a consumer to suffer physical injury as a prerequisite to bringing a claim where it can establish that a defect exists which reasonably poses an increased risk of causing harm to consumers.

Conversely, it can be argued that consumers are adequately protected under existing law, but even more so by demand for improvements in safety. Manufacturers have an economic interest in achieving safe products where the market demands them, such as in the consumer automobile industry. Litigation regarding an alleged safety defect that has not resulted in any physical injury consumes resources that manufacturers might otherwise invest in product research and development, thereby hindering efforts to advance safety.

Broader societal costs may exist as well. For instance, an unanticipated increase in the litigation risks to which corporations doing business in the Commonwealth are exposed could operate as a disincentive to economic growth . . . .”

Stay tuned for the verdict.

It is true that the Iannacchino plaintiffs have been able to use their vehicles and have not suffered any direct injury. Assuming a defect exists in the door latches, however, it is also true that the Iannacchino plaintiffs face an elevated risk of injury every time they go for a drive. Does that elevated risk mean they can sue under the state’s Consumer Protection Act? Stay tuned for the SJC ruling, expected in June 2008.

Tarlow, Breed, Hart & Rodgers, P.C.

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers, P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

The firm’s areas of expertise include litigation and dispute resolution, corporate law, employment matters, mergers and acquisitions, estate planning, taxation, real estate, bankruptcy, and municipal law.

The expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

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Car accident cases are common and in some point of time in your life perhaps you have come across an accident, without your fault. Mostly, car accident cases are pretty straightforward and often can be handled alone. However if your car accident case is complicated and involves any of the followings like, health loss, financial loss, permanent disability or large damages then consider hiring the personal injury lawyer. In Massachusetts one of the most common practiced areas, is the personal injury law and it caters to the requirement of your personal injury cases to help you in experiencing a rather hassle free claim process.
In Massachusetts if you are a victim of car accident then you are eligible in filing a lawsuit to recover the damage from the other party, responsible for your losses. No matter whether your injury is physical or psychological but to be considered as actionable, it must occur due to the negligence of others.  
The Massachusetts personal injury law is simple and if you or any of your loved one have had an accident and has suffered a personal injury, like broken bones, psychological trauma, head injuries, disability, cuts, bruises, scarring, disfigurement, or other appalling damage, which was caused due to someone else’s negligence, rashness or carelessness then the Massachusetts Personal Injury Law Center can help.
In case if it is an automobile accident at Massachusetts then the Massachusetts Automobile Accident Lawyer or the Boston car accident lawyers are there to help you in settling the compensation claim process while holding your hands throughout the intimidating process. You need to act fast to protect your legal rights and start beginning the claim process with the Massachusetts Personal Injury Attorneys to recover the money that you are entitled to get as the compensation claim.  
Making a personal injury claim is indeed not easy because it needs a thorough understanding of the Massachusetts personal injury law. To provide you the best support theMassachusetts personal injury law center is there with an array of services and with a bench of personal injury lawyers to help you in protecting the rights of people injured by any of life’s unexpected incidents.
With a pool of Massachusetts Personal Injury Attorneys, the Massachusetts personal injury law center supports you throughout the daunting process.

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