Articles Posted in Premises Liability

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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Yesterday, early evening, a fire broke out at a house on Three Rivers Road in WilbrahamWilbraham House Fire

The investigation into the cause continues today.

An elderly occupant and toddler were able to flee the house fire.

Firefighters had to shut down Three Rivers Road, starting with Circle Drive down to Boston Road.

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This evening, a 3-year-old Woburn boy was submerged underwater in a swimming pool and lost his life. Woburn law enforcement officials were dispatched to the boy’s home on Marlbourough Road close to 5:00 p.m. in response to a 911 report about a child that could not be located. Woburn Boy Drowns

When the officers arrived at the home, they learned the boy had been missing for over an hour. When the police entered the property, the boy’s body was located in the swimming pool behind the house. There was nothing on top of the pool, and it contained foliage but was not full to the top with water.

The toddler was not conscious when retrieved from the pool. He was immediately transported to Burlington’s Lahey Hospital where he was officially declared dead at 9 p.m due to drowning.

According to the Massachusetts State Police and Middlesex District Attorney’s Office, the boy was likely in the pool for quite some time. Due to the toddler’s age, his identity will remain private. There is an ongoing investigation.

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Residents of a Forest Park neighborhood in Springfield woke up Monday morning to a fallen tree. The tree smashed into a 1993 Honda Civic, a house at Springfield tree falling damage23 Vermont Street, and took down city wires. The house on Vermont Street will be reviewed by inspectors of the Department of Code Enforcement for habitability.

Falling Tree Accidents

Falling tree accidents cause hundreds of fatalities each year in this country, and far more than that in injuries. Injuries suffered from a falling tree can result in litigation against the property owner in certain situations. The owner of the tree or land on which the tree stood, had a duty to maintain the land and tree in a safe condition. A victim of a falling tree can sue a landowner if it can be shown that the victim was welcomed on the property by the landowner and if the landowner had reason to believe that harm was possible from its tree falling.

On Friday,  Hyannis, Barnstable, and Yarmouth ambulances were dispatched to a car accident Cape Cod Mall, Hyannis Car Crashscene outside of the Cape Cod Mall on Iyannough Road. Emergency calls related that several individuals suffered harm.

The Barnstable Police are reviewing the situation.

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Assumption of Risk as a Defense in Boston Personal Injury Cases Has Been Abolished

In some jurisdictions, a defendant in a personal injury case can plead what is known as an affirmative defense such as assumption of risk.  Generally speaking, an affirmative defense is a defense, which does not involve denying much of the allegations. Instead, a defendant will plead plaintiff knew of the risks when engaging in a certain activity or course of conduct, with full knowledge of the consequences, and chose to disregard or “assume” those risks.  By assuming the risks, plaintiff should not be able to fault defendant for engaging in any negligence so it should serve as a complete bar to recovery.

Massachusetts is a Mixed Comparative Negligence Jurisdiction

Boston personal injury lawyerAssumption of risk generally developed into what is known as a pure contributory negligence jurisdiction.   This means that if plaintiff contributed to the accident in anyway by being negligent in is or her own right, it would serve as a complete bar to recovery.  This could be as simple as a plaintiff walking down aisle in a big box retailer and slips on a wet floor while there was a caution wet sign.  In these jurisdictions, it could be argued plaintiff assumed the risk by walking on the floor anyway so the case should be dismissed. This may seem like a harsh result, but it is still the law in a handful of states and the District of Columbia.   Continue reading

When a plaintiff is on someone else’s property and is injured as a result of some dangerous condition on the property, the type of legal action likely to be filed is known as a premises liability case.  A Boston premises liability cases is plead under a theory of negligence and alleges that the defendant did not maintain the property in such as condition so as to make it reasonably safe for lawful entrants onto the land.premises liability

Standard of Care in Boston Premises Liability Cases

In Massachusetts, the law regarding the duty of due care owed to lawful occupants on the property was drastically altered as compared to what it was and still is in many other states in a 1973 cases captioned Wilbur M. Mounsey v. P. Ellard & Another (363 Mass. 693).   Prior to this case, the law required a distinction between invitees and licensees when determining if the landowner owed a duty of due care to maintain the property in a safe condition and warn lawful occupants of known, yet hidden, dangers. Continue reading

The term “slip-and-fall” is used to cover a variety of situations where a plaintiff slips and falls to the ground in a manner that results in personal injury.  There are various causes of slip and fall injuries in Boston such as falling on a wet floor in a store or other business, tripping due to an uneven floor surface, or tripping on an object left on the floor just to name a few.  These cases are filed under a type of negligence claim in a premises liability lawsuit.

Assumption of Risk Abolished in Massachusetts as a Defense to Negligence

Boston personal injury lawyerOne common defense in many jurisdictions is known as the assumption of risk.  This is  essentially an argument that plaintiff knew of the risks of whatever activity he or she was engaging in and took the risk of the type of harm that occurred. Continue reading

When we talk about personal injury cases, we are typically talking about someone being injured through the negligence of others.  Negligence is one type of tort (a civil wrong for which the law provides a remedy), which is the most common claim in a Boston personal injury case.

Slip and Fall Boston If you are injured on someone else’s property, and the cause of your injury was largely the result the negligence of the property owner or manager, then you will likely have grounds to file a premises liability lawsuit. Continue reading

Skiing can be a lot of fun, but it can also be a dangerous activity.  Each year, hundreds of people are seriously injured or killed.  According to a recent news article from the Aspen Times, a 12-year-old boy from California died as a result of a skiing accident in which he crashed into a tree at a high rate of speed.

skiingSki patrollers (skiing or snowboarding first aid personnel) first got a report of an injured skier a few minutes after 2 p.m.  They said he was skiing when he hit a tree stump that caused him to lose control and crash into another tree.  For those who haven’t skied before, ski trails are marked according to difficulty, ranging from a beginner single green circle to a double black diamond expert trail.  Victim was skiing on a beginning trail at the time of the accident that ultimately proved fatal. Continue reading