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December 9, 2011

Premise Liability Hazards Increase Risk of Accidents Involving Shoppers in Boston, Elsewhere

Shoppers in Massachusetts who survived Black Friday without injury should consider it a small feat considering it is the most dangerous shopping day of the year. Even though the big event is over, shoppers and consumers will still be packing malls and shopping venues in the weeks to come, on the hunt for irresistible deals and gifts.
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Injuries from shopping accidents in Massachusetts are more common this time of year when a business or merchant doesn't take the necessary precautions to keep their premises hazard free.

We remind you of the post we did in October on our Boston Personal Injury Attorney Blog when we reported that a Massachusetts woman is filing for compensation following a 2006 shopping injury at a WalMart that left the bone in her ring finger exposed. The woman had tried to reach for a gift located on the top shelf and snagged her ring on a metal latch sticking out from the shelf. This accident, also known as degloving, could have been avoided if the WalMart had ensured customer safety by properly maintaining the property.

Boston premise liability lawyers find in many cases that retailers and store owners are considered negligent if they knowingly leave a hazard unattended. Maintaining the store property, including parking lots, sidewalks, and inside the premises is vital to keeping customers and employees free from injury.

There are several types of shopping-related injuries but the most common is slip and fall accidents, which are sometimes caused by an icy sidewalk, a freshly mopped floor, or cluttered aisles to name a few. Shopping cart injuries are also common this time of year when a child's finger gets stuck, a cart topples over or is left unattended in an overcrowded parking lot. Head and neck injuries can often result when a customer is struck by a falling object from a shelf or boxes fall from an unsafely stacked store display.

Elevator and escalator injuries are also common when customers are riding and experience a malfunction. Overcrowding on these riding apparatuses can make them dangerous and present an exit hazard when customers can't escape during an emergency situation.

Store owners and merchants are also responsible for keeping parking lots safe and hazard free. This means keeping surveillance cameras functioning properly, security cars patrolling the area and maintaining a well-lit parking environment to protect shoppers from assault or theft when they return to their cars. If a winter storm dumps an accumulation of snow, clearing the lots and sidewalks and laying down salt on top should be a top priority to prevent a slip and fall accident from occurring.

Shoppers are urged to use extra caution this time of year as stores will be overcrowded and liable for accidents. Keep close tabs on your children in the store and in the parking lot. Stay alert for shopping hazards like displays or falling objects. Try to avoid shopping after dark or during the busiest parts of the day like lunchtime or after work.

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December 11, 2010

Premise liability injuries in Massachusetts a danger at malls, retailers this holiday season

Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.
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As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

-Slip and fall accidents

-Wet floors

-Dark parking lots

-Broken or uneven sidewalks or walking surfaces

-Loose handrails or fault stairwells

-Merchandise or shelving fixtures falling from height

-Elevator or escalator accidents

-Assault on business property

-Negligent security

-Parking lot accidents

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August 17, 2010

Massachusetts negligent security claim could result from bystander death in Boston pub

A 23-year-old bystander was reportedly killed in a Boston pub when a piece of bar glass pierced his jugular during a fight between two other patrons, the Boston Globe reported.

The victim was out with friends at the popular Lansdowne Pub near Fenway Park. Just after midnight, a patron allegedly threw a beer mug, which shattered and sent shards of glass flying. A piece of glass pierced the victim's jugular vein. Bleeding profusely, he was rushed to Brigham and Women's Hospital, where he died less than 30 minutes later.

Nothing will make things right for this young man and his family. But a Boston injury lawyer should be called to assist with thoroughly reviewing the circumstances of this case. Certainly the man who threw the glass should be held responsible. It's also possible that a negligent security claim could be filed against the bar.

A thorough investigation will help determine whether the at-fault patron in this case was excessively intoxicated; whether he had caused problems for other patrons previously; or whether the bar's owner or staff could have taken additional precautions. A negligent security claim permits a victim to collect damages from a business or property owner when an injury could have been prevented by reasonable precautions.

In this case, two of the victim's friends were also treated for cuts; one was hit in the head so hard he suffered a possible concussion and needed medical staples to close the wound.

The 25-year-old defendant was charged in Roxbury District Court with manslaughter and two counts of assault and battery with a dangerous weapon. He entered pleas of not guilty and was being held on $75,000 cash bail.

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