Most personal injury claims assert a theory of liability based on negligence. Parties alleging negligence must prove a duty, a breach of the duty, and causation to recover on their claims. To show causation, a plaintiff must set forth sufficient evidence to show that the harm sustained was a foreseeable result of any alleged breach. In Almeida v. Pinto, the Court of Appeals found that the tenuous connection between the injuries the plaintiff sustained and the defendant’s breach was insufficient to permit the plaintiff’s case to proceed. If you suffered injuries due to someone else’s negligence, you should consult a seasoned Massachusetts personal injury attorney to analyze the facts of your case and whether you should seek damages.
Factual Scenario
Allegedly the defendants hired a contractor to install vinyl siding on the second and third floor of their residence. The defendants paid the contractor $200.00 which was the price suggested by the contractor. The contractor began the installation without a helmet, harness, or any other safety equipment. He fell from a ladder and struck his head and ultimately passed away from his injuries. The plaintiff, who was the administrator of the contractor’s estate, subsequently filed a lawsuit against the defendants, alleging their negligence led to the contractor’s death. The defendants moved for summary judgment, and the court granted the motion. The plaintiff appealed, and the appellate court affirmed.