Articles Posted in Premise Liability

The fatal mauling of a 14-year-old Dighton boy has dog-bite safety in focus as spring gets underway in New England.

The boy, who was a freshman at Bristol-Plymouth Technical School, was mauled by four dogs while helping a dog owner who had traveled to Boston, the Herald reported. He had been dropped off by his grandmother to do chores on the property. A neighbor called 911 to report a pack of dogs attacking a human.dog-attack-225x300

Responding officers found the boy on the ground of the property located off Maple Swamp Road.  The dogs were Dutch shepherds and Belgian malinois. Dighton is just outside Providence, Rhode Island, about 45 minutes south of Boston. The USA Today reported there are indications that the property owner may be a professional dog breeder.

While it’s not often discussed, or often thought about, Our Boston dog bite attorneys know dog bites are a common occurrence. Dog owners have a legal responsibility to prevent their animals from injuring an innocent party. Spring is a particularly dangerous time as dog owners return to the streets and parks with their animals.

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Failure to clear ice and snow from your property may result in liability if someone falls or is otherwise injured this winter.

Many property and business owners may still be under the impression that Massachusetts law does not hold them accountable for injuries resulting from failure to remove ice and snow from sidewalks, parking lots or other locations on their property. However, a landmark 2010 ruling by the Massachusetts Supreme Judicial Court in Papadopoulos v. Target Corp., changed Massachusetts snow-removal law for the first time in more than a century.

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The ruling rejected long-held common law, which generally held property owners were not responsible for injuries created by naturally accumulated ice and snow. In the court’s opinion, Justice Ralph Gants wrote it  “is not reasonable for a property owner to leave snow or ice on a walkway where it is reasonable to expect that a hardy New England visitor would choose to risk crossing the snow or ice, rather than turn back or attempt an equally or more perilous walk around it.’’

These are complex cases involve state law, and municipal ordinances and are best handled by an experienced Boston injury lawyer. Additionally, the law makes a distinction between naturally accumulated snow and ice and dangerous conditions that contribute to winter-weather risks.

While there is no set mandate regarding how quickly snow and ice must be removed under state law, many communities have passed snow-removal ordinances that include time limits. In most cases, liability extends to public sidewalks in front of a business or residence.

For example:

  • City of Boston gives business just three hours. Residents are given six hours.
  • Worcester’s ordinance states removal must occur within 12 hours.

 

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An apartment fire at 16 Fairgrounds Road in Sturbridge caused fatal injuries to an elderly woman who lived there. The fire occurred on April 22 and was caused by a microwave oven. Sturbridge Woman Killed in Accidental Apartment Fire

Fire officials further discovered that the apartment lacked an operable smoke detector. Firefighters immediately transported her to the hospital but she later died.

The Worcester County District Attorney’s office will release the name of the victim at a later date.

State and local fire officials are working with the building’s owner to ensure that each apartment has an operable smoke detector with functioning back-up batteries.

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A New Bedford police officer was struck by a car Monday morning. New Bedford Police Injured in Car Accident

The officer was on foot in a construction area on Church Street when the officer was hit. The accident occurred at about 11 a.m.

The office was injured and treated at the scene. The officer is believed to make a full recovery.

Although, the incident looks to be an accident, the incident is under full investigation.

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Nearly 24 hours after a multi-vehicle crash at the Gas Depot in Brockton, a female victim of the crash was declared dead today.Brockton Gas Station Multi-Vehicle Accident Fatality

Reports from the Plymouth County District Attorney’s office indicate that victim as in her 50s and had refused treatment at the scene of the accident on Thursday. The female eventually arrive at the Brockton Hospital where she was then transferred to Beth Israel Hospital where she succumbed to her injuries.

On Thursday, around 10 a.m., law enforcement were dispatched to the gas station at Main Street and Perkins Street. There, they discovered that a GMC Yukon collided into the female victim’s vehicle, before crashing into the gas station – slamming into a pole in the process. The GMC Yukon was stopped by another vehicle at the gas station.

The identities of the people involved have not been released.

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On Thursday afternoon Boston firefighters were dispatched to a home for something other than a fire. Boston Firefighter Rescue

They were able to save a female resident after she was trapped underneath a grate in the rear of the house.

According to reports, she was attempting to keep warm.

Numerous people across the state will visit the emergency room annually for help due to slip-and-fall accidents. Some injuries will not be serious and after some quick treatment they’ll be on their way will not result in a hospital stay. However, other injuries can be severe such as fractures, breaks or even a fatality. Hundreds of slip-and-fall accidents can Massachusetts personal injury attorney slip-and-fall accidentstake a financial toll on the victim and his or her family. The most common reasons for this accident are the condition of surfaces and the lack of job training at the businesses.

Slip-and-fall accidents happen when the walking surfaces are left in an unsafe condition, like with water or other liquids. This is because of failure to maintain the surface, like removing the hazard timely. The surface can also be unsafe due to the weather, such as tracked-in snow. Even an attempt to do the right thing, like keep floors clean, can result in an accident. When signs are not posted to notify guests that the floor is slippery a dangerous accident can occur.

A walking surface that is not level is also cause for concern. Carpeting that is fraying or cracks and potholes can cause a slip-and-fall accident. The law mandates that property owners keep their land safe for guests who are invited onto the property. This means clearing any potential dangers.

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Drinking wells, near the April 9 oil spill around I-91 of North Thompsonville, in Enfield are safe for drinking, according to health inspectors. West SPringfield water contamination personal injury

They were evaluated after a fuel tanker collided, rolled over and dumped over 2,500 gallons of gasoline on the southbound Exit 49 ramp of I-91 of the Massachusetts state line.

A government spokesperson stated that the wells had been safe since April 13 The spokesperson also revealed that a private agency — ATC — is keeping on eye on the drinking water as well. ATC is filing reports with the state Department of Energy and Environmental Protection.

According to Massachusetts law enforcement, the collision occurred after 1 p.m. on April 9. The driver of the truck was Jonathan Andrew Edwards, 32, of West Springfield, Massachusetts. He did not to clear the ramp’s bend. The truck rolled, ending up on the right shoulder.

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A terrifying car collision at a gas station in Brockton put one individual in the hospital with injuries.  Brockton Cash Station Collision

The cameras inside the Gas Depot station recorded the full accident. In the video, a dark car is seen entering  the station when a black Sport Utility Vehicles speeds in, rams into a couple of gas pumps and stops on the top of the dark car.

The accident, occurred at approximately 10 a.m. today and did not result in more casualties.

Brockton Fire officials who arrived on scene report that a third vehicle was also smashed into on Main Street in connection to this accident. Only the three individuals were involved.

Fortunately, not one of the gas tanks ignited and no one was run over. Law enforcement will begin an inquiry into the reason for the accident.

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Freshman Scott Erlandson, a student at UMass Amherst, has died in an unknown accident.UMAss Amhert student fatality

Representative of UMass Amherst released the news today. Erlandson is the third student fatality this semester. Another student, Caleb Martin, passed away in a car collision.

School officials refuse to release the details or circumstances surrounding his death.

 

Students and staff are advised to utilize therapy services being offered by the school.

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