Articles Posted in Premise Liability

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Slip and fall accidents can happen anytime. They can happen in stores when the management negligently fails to clean up a spill or mark the area with a wet floor sign, and they can happen when a tile or section of concrete is left in a state of disrepair that causes someone to trip. However, in the winter we tend to see many more slip and fall accidents occurring outside when someone slips on snow or ice.

1272047_snowIn some cases, an outdoor slip and fall is simply nobody’s fault. In other cases, the city should have plowed better, and in other cases, the accident is to blame on the negligence of a shop or business owner that had a duty to clear the snow and ice in their parking lot, but failed to do so. This could be considered negligence and the basis for a personal injury lawsuit. Continue reading

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During the holiday season, consumers like to hit the malls to find the perfect gifts for loved ones. Unfortunately, holiday shopping can be stressful on the body. While there are some risks from lifting heavy items and carrying stacked shopping bags, the biggest dangers occur when stores and shopping malls don’t have effective safety plans and protocols in place. christmas-star-1420864 copy

Stores and malls can be held accountable in situations where there is an injury caused by negligence. Consumers need to know their rights and must be aware of the risks associated with holiday shopping so they can stay safe throughout the season.

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Rapper Rick Ross is in the news again with more legal trouble. This time his trouble is not related to criminal charges filed against him for assault and kidnapping involving an alleged pistol whipping incident. According to recent news report form Gossip Extra, Ross and his mother are being sued as co-defendants for an alleged slip and fall injury that occurred in his mother’s Florida home.

952313_gavelThe plaintiff said the injury occurred in 2011, and he is now filing a lawsuit because of the claimed tremendous pain he suffered when he tripped on the rail of an iron gate on the property. There is no mention as of yet for why plaintiff waited so long to file his claim and whether there are any issues with the statute of limitations. Continue reading

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In Boston and the surrounding area, Dunkin’ Donuts is a very popular place to get a cup of coffee. Much like Starbucks in the rest the country, it seems like there is a Dunkin’s Donuts on just about every other block. According to a recent news article from CNBC, one woman sued the donutmaker after suffering a serious injury at one of their stores and settled the case for around half a million dollars.

dunkin-donuts-0007-1329666This particular accident resulting a serious personal injury occurred at one of the company’s stores in New Jersey. The plaintiff claimed she was carrying a tray of hot coffee when she tripped on a parking spot barrier that was not in its proper place outside the store. The re-bar spike was sticking up dangerously and was the reason she fell. Continue reading

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According to a recent news article form Fox News Insider, a two-year-old boy was injured when fell into the cheetah exhibit at a zoo in Cleveland. Witnesses and zoo officials say the boy’s mother was dangling him over the cheetah enclosure when she lost her grip on the child and dropped him approximately ten feet into the pit.

danger-sign-1-1199939-m.jpgOnce the boy hit the ground, his parents quickly entered the pit themselves and came to the aid of their son. Zoo officials said the cheetahs never came anywhere near the boy or his parents, and the animal caretakers were able to free the family from the Cheetah exhibit without any problems. The boy apparently suffered what zoo officials said was a minor leg injury as result of falling ten feet and was taken to a local hospital for evaluation and treatment. Many people questioned for this story and other media outlets have expressed amazement the boy was not attacked by the cheetah, though it is not known how likely it would have been for well-fed animals in captivity to act in an aggressive manner in any case.

Zoo officials have also stated how it is unfortunate that it appears the mother was dangling the child over the cheetah exhibit, according to multiple eyewitness reports, and, therefore, the zoo will be asking police and prosecutors to charge the parents with child endangerment. However, it should be noted, the family has not been charged with any crime in connection with this incident.
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With an end to this harsh Massachusetts winter almost in sight, we hope to get through the next month or so without more serious accidents due to icy and snowy conditions.

hockey-game-479643-m.jpgRecently, a group of two dozen youth hockey players, coaches, and parents narrowly escaped a potentially fatal roof collapse at the local ice rink in Canton, Massachusetts, according to a recent news article from NECN.

Witnesses say the team was at the rink for early morning practice when a large section of the roof came crashing down without any significant warning signs. Around 7 a.m., the team was on the ice, when they heard loud noses from the room. Around a second later, the coach heard a loud snap and started screaming. He was screaming for the kids to get off the ice. Witnesses say there were seven kids directly under the section of roof that came crashing down, and they barely had time to hear their coach’s voice and get out of the way before being crushed by the falling roof, snow and ice.
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Airbnb allows people to rent out their home to overnight guests in order to bring in some extra cash. The service is popular in cities like Boston, where there is a high demand for hotels and short-term rental homes.

However, as Engadget reports, listing a home on Airbnb creates myriad legal challenges including the potential violation of agreements preventing subleasing as well as city-specific restrictions on rental properties. asset protection.jpg

One big issue that is a concern for those renting out their homes (or for landlords whose tenants rent out space) is what happens if someone gets hurt in the home. A Boston premises liability lawyer knows a property owner or a renter is generally responsible in situations where an injury happens in the home if the injury occurs as a direct result of a failure to maintain the property. The specific standard of care that a property owner has differs depending upon the status of the person inside. However, since Airbnb facilitates commercial transactions, homeowners and renters would typically be expected to exercise extreme caution in ensuring these properties are safe.
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Powers v. 31 E 31 LLC, a case from the New York Court of Appeals, involved plaintiff who was injured at a friend’s apartment building. After a night of drinking, plaintiff and some friends went to apartment where the accident occurred.

rusty-roof-1445317-m.jpgWhile at the apartment, the group stepped through a window to access the roof deck. The window opening was nearly a foot and a half wide and a little more than two feet high. The roof area flat enough to walk on was five feet wide and extended the entire length of the building. The portion of the roof abutted the exterior wall of the next building.

At one portion of this flat roof, an airshaft separated the two buildings. The airshaft consisted of a 25-foot vertical drop with no railing or other protection to keep people from falling into the shaft. The opening of the shaft was approximately four feet by eight feet.
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Our Boston personal injury lawyers understand that, in premises liability cases, the defendant will often to try to escape liability by claiming that the plaintiff was injured by an obvious danger.

993863_ladder.jpgIn Pinson v. 45 Development, a contractor was hired to install an electronic sign at a store. He was a master sign electrician with years of experience. He was using a bucket truck to get to the sign canopy. The canopy was constructed in such a way that he not have a place to stand. It was basically a metal frame with vinyl stretched over top. There was no way to gain access from underneath the sign.
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Our Boston personal injury lawyers understand that the need to prove both liability and damages separately can be confusing to plaintiffs.

hospitalroom1.jpgMetzler v. BCI Coca-Cola Bottling, decided by the Supreme Court for the State of Arizona, involved a plaintiff who was shopping at a grocery store in Tucson. While in the store, she slipped on water that was leaking from a refrigerator. The refrigerator was not owned by the store; rather, a soft drink company that had placed the refrigerator in the store owned it.

The personal injury suffered by the plaintiff was severe, and she made an offer to settle the case for $150,000. The defendant rejected the case, and it went to trial. The jury found that the defendant was responsible for the plaintiff’s injuries and awarded her a verdict in the amount of $1.5 million.
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