Premises and Product Liability
Over the past decades, John W. Brister has tried many dozens cases involving traumatic personal injuries caused by the use of unreasonably dangerous industrial equipment and machinery, consumer products and household appliances. Many of these cases have been prosecuted on appeal, are frequently cited by other lawyers and courts, and have become leading legal precedent in Massachusetts products liability law. Such cases include Marques v. Bellofram Corporation, 28 Mass. App. Ct. 277, 550 N.E.2d 145 (1990); Barbosa v. Hopper Feed, Inc., 404 Mass. 610, 537 N.E.2d 99 (1989); Colter v. Barber-Greene Company, 403 Mass. 50, 25 N.E.2d 1305 (1988); Dayton v. Peck, Stow and Wilcox Co. (PEXTO), 739 F.2d 690 (1st Cir. 1984). The firm has also litigated products liability cases involving toxic substances at the trial level and on appeal.
In addition, the firm has represented persons harmed either by defective and dangerous conditions on premises or by a defendant's failure to assure that adequate security precautions were undertaken on its property. Reported cases include: Bateman v. Consolidated Rail Corp., 45 Mass. App. Ct. 916, 698 N.E.2d 1277 (1998) (assault by attendant); Foley v. Boston Housing Authority, 407 Mass. 640, 555 N.E.2d 234 (1990), (negligent security precautions and failure to warn claims) Gage v. Westfield, 26 Mass. App. Ct. 681, 532 N.E.2d 62 (1988), (wrongful deaths arising out of collision with train) and Doherty v. Town of Belmont, 396 Mass. 271, 485 N.E.2d 183 (1985) (recovery for personal injuries under the Massachusetts Tort Claims Act).
In addition, the firm has represented persons harmed either by defective and dangerous conditions on premises or by a defendant's failure to assure that adequate security precautions were undertaken on its property. Reported cases include: Bateman v. Consolidated Rail Corp., 45 Mass. App. Ct. 916, 698 N.E.2d 1277 (1998) (assault by attendant); Foley v. Boston Housing Authority, 407 Mass. 640, 555 N.E.2d 234 (1990), (negligent security precautions and failure to warn claims) Gage v. Westfield, 26 Mass. App. Ct. 681, 532 N.E.2d 62 (1988), (wrongful deaths arising out of collision with train) and Doherty v. Town of Belmont, 396 Mass. 271, 485 N.E.2d 183 (1985) (recovery for personal injuries under the Massachusetts Tort Claims Act).