Articles Posted in Slip and Fall

Insurance tends to be something that people think about when there’s a major change. You update your insurance policy when you buy a new car and or a new house.slip and fall on ice

Or, maybe you’ve been in a car accident or suffered some other type of loss and have needed to file an insurance claim. You might pay careful attention to your insurance policy coverage and benefits depending on the outcome of the claim.

The Massachusetts Office of Consumer Affairs and Business Regulation and the Division of Insurance is encouraging consumers to think about insurance coverage more frequently. Massachusetts residents should ring in 2020 by taking steps to make sure they are properly insured and protected, the groups said in a news brief issued Dec. 24, 2019. Continue reading

The rock-and-roll singer Meat Loaf says hotel chain Hyatt Corp. is to blame for a fall off a raised stage at a horror convention that has left him unable to perform.Massachusetts personal injury attorney slip-and-fall accidents

Meat Loaf, whose real name is Michael Lee Aday, claims in a lawsuit filed Jan. 13, 2020, in a Texas state court that Hyatt hung curtains from the back of the stage that hid where the stage ended and created a hazard.

Even though the lawsuit was filed in a Texas court, the case is typical of a premises liability lawsuit.

Premises liability is the term used to describe a personal injury case in which the injury was caused by an unsafe condition on someone’s property. Individuals and companies that own and rent property have a duty to maintain the property in a reasonably safe condition. Continue reading

The threat of fall injuries is a commonly overlooked risk, particularly through the long Massachusetts winter months.

As we recently reported, Massachusetts snow removal liability laws can hold business or property owners liable for falls or other injuries caused by the accumulation of ice or snow on public or private property. In some cases, even municipalities may be held responsible, although MGL c. 84, § 21 requires those making claims against a municipality to notify the county, city or municipality of injury or damage resulting from snow or ice within 30 days of an incident.download-2-2

Although winter’s wet and slippery conditions are far from the only cause of fall accidents, ice and snow do add substantial risks for New Englanders. Boston Code of Ordinances 16-12.16 contains addition information about the city’s snow-removal law.

Our Boston injury lawyers know fall injuries are often discounted as frivolous claims. It’s an opinion that is heavily promoted by big box stores, commercial property owners and insurance liability carriers. But the fact is that fall injuries remain a leading cause of serious accidental injury and death in the United States each year.

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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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As we head into the winter months, the weather will turn colder and snow and ice will begin to accumulate on  streets, sidewalks, and parking lots across the Greater Boston area.  While this often creates a picturesque scene, we also see a major increase in the number of slip-and-fall accidents due to that ice and snow.  The main question is whether the adjacent property owner or leaseholder, or both, are liable for the plaintiff’s injuries in connection with these Boston snow and ice injury cases.

Popadopoulos v. Target Corporation

Boston personal injury lawyerPrior to the court’s decision in Popadopoulos v. Target Corporation, a landlord or lease holder was only potentially liable for injuries caused by accumulated snow and ice if the accumulation did not occur due to natural conditions.  For example, if a snowstorm brought several inches of snow to the area, many parking lots would be covered with snow.  This snow might melt partially during the day and then freeze over resulting in very icy conditions.  Continue reading

Jury selection can be very crucial element in Boston slip-and-fall accident litigation. The best injury attorneys know the extensive research that goes into this process, and how to be most effective to maximize the potential for success in trial.

In 2016, a jury returned a verdict in favor of the defendant in a slip-and-fall case in Boston. This case involved a 59-year-old marketing consultant who was walking on a side walk on Somerset Street in Boston.  She was walking next to a shopping center when she slipped on ice and fell.  She alleged that the fall resulted in serious injuries to her lower back as well as her left ankle.  She sued the defendant store owner, landowner and related entities.

Slip and Fall BostonIn many jurisdictions, there is a distinction between the reason plaintiff was on the property in terms of the duty of care owed to plaintiff, if any, and this can greatly effect whether the plaintiff has a valid personal injury claim. These distinctions don’t exist in Boston.

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If you have ever been treated at a hospital, you may have had to be escorted to the exit of the hospital in a wheelchair following your discharge even though you were perfectly capable of walking. The reason they do this is because they do not want to be liable if you trip and fall your way out.

Boston medical MalpracticeThere have been many incidents over the years where someone was walking down a hospital corridor and slipped and fell.  In some cases, these patients were seriously injured in the fall accident. Continue reading

As summer comes to a close and the weather turns colder, Boston tends to get a lot of ice and snow on the sidewalks and in front of businesses. This means we can expect to see a lot of slip and fall accidents. In the Commonwealth of Massachusetts, the law operates somewhat differently than many other states and there have been some fairly recent case decisions from the Supreme Judicial Court that affect liability. The Supreme Judicial Court (SJC), is our state supreme court.

Boston personal injury lawyer One major case in the Commonwealth is Papadopoulos v. Target Corporation 457 Mass. 368. In Papadopoulos, a case involving negligence for slip and fall accidents involving snow and ice removal, the court addressed whether there must be a natural or unnatural accumulation of snow and ice. Prior to this case, there was such a distinction, but the court abolished this distinction with respect to slip and fall premises liability in snow and ice cases. Continue reading

One recent appeal from the Mississippi Supreme Court involved a slip-and-fall accident that was anything but your typical personal injury case. In this case, the plaintiff had slipped and fell in a store owned by the defendant, but that accident occurred in 1989. He was three years old at the time of his accident.

brain scanHe filed the lawsuit against the defendant many years later when he reached the age of majority. In his lawsuit, he alleged that he was seriously injured because the store had negligently allowed the floor to become slick, and he slipped on this floor. He said that, as he developed, it became apparent that he had suffered various injuries as a result of this fall that caused him to have a significant traumatic brain injury. Continue reading

In a recent case from the U.S. Court of Appeals for the Fifth Circuit, plaintiff had filed a personal injury lawsuit after he suffered an alleged slip-and-fall injury in defendant’s big box retail store.  According to court testimony, the plaintiff was walking in the store when he fell on water that had allegedly been left on the floor in a negligent manner.

wet floorPlaintiff’s sister was present when the accident occurred, as was a store employee. It was not clear whether the employee actually saw the plaintiff fall, but she did get a wheelchair owned by the store to transport the victim to the front of the store, where he was taken to a local emergency room to be treated for his injuries. As for the cause of his injuries, plaintiff argued that the store roof was negligently maintained, and that resulted in water leaking from the ceiling and was negligently allowed to pool on the floor, which caused him to slip and fall, resulting in his personal injury.
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