Posts Tagged ‘comparative negligence’

Attorney Marc Breakstone commented as a legal expert in a Boston Globe article this week on Worcester Polytechnical Institute’s (WPI) response to a negligence lawsuit, brought by a former student who was raped while studying abroad. The college responded that the student was partially responsible.

“It’s a strategy that, frankly, often backfires in trial because the jury gets incensed,” Attorney Breakstone said.

This is a comparative negligence argument. This is traditionally an argument defense lawyers try and make for slip-and-fall cases or other accidents. In these cases, juries are left to assign a percentage of blame on the defendant and the plaintiff. In this case, Attorney Breakstone called the use, “repugnant.”

According to The Boston Globe, the student was raped in Puerto Rico, by a security guard who worked at the apartment building where students lived. The security guard was a convicted felon at the time. He has since been convicted for her rape and is now serving a 20-year prison sentence.

The student and her parents have sued WPI, alleging the school failed to properly ensure the apartment building was safe for students. The lawsuit was filed against WPI and several administrators and seeks unspecified damages from the college, including legal costs.

In response, WPI’s attorneys have asserted the victim was partially responsible because she ignored the information and training provided by the college, as well as her own common sense, and she drank excessively that night and followed the security guard onto the roof, where the crime occurred.

About Attorney Marc Breakstone

Attorney Marc Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has represented clients in Massachusetts for 30 years. He works tirelessly to ensure his clients receive full and fair compensation as well as achieve the most favorable medical result.

He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice. He regularly provides legal commentary to the media on complex cases involving negligence, medical malpractice and transportation.

About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling motor vehicle accident cases resulting in serious personal injury or wrongful death. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.