Slip and Fall

June 27, 2016

Alcala v. Marriott Int’l, Inc,. – Icy Sidewalk Slip-and-Fall Lawsuit To Be Retried

The Iowa Supreme Court has set for retrial the case of Alcala v. Marriott Int’l, Inc., a slip-and-fall case that involves a hotel business guest who was injured after a fall on an ice-slicked walkway on the property.

Boston residents are well familiar with the phenomenon of ice and snow during the brutal winter months. Of course, it’s not something many want to spend time thinking about at the start of summer, but it’s worth keeping abreast of legal developments on this front because it does affect many in Massachusetts for a good six months out of the year.

In Massachusetts, the 2010 ruling of Papadopoulos v. Target Corp. upended the previous slip-and-fall standard when it came to snow and ice, which was that there was no liability for naturally-accumulated ice and snow, but there was for unnaturally-accumulated ice and snow. The Maine Supreme Judicial Court held that a property owner owed a duty to lawful visitors in both cases to protect them from hazards arising from snow and ice. Whether a property owner’s action is “reasonable” will depend on a myriad of factors, including likelihood of injury, probable seriousness of such injuries and how great a burden it is to reduce or avoid that risk altogether. Continue reading

April 9, 2016

Slip-and-Fall at Outdoor Garden Sales Center Causes Brain Injury

by Jeffrey S. Glassman

A woman in Nevada is seeking recovery for brain injury she suffered in July 2013 after a slip-and-fall at a home improvement store while she was shopping for palm trees for her garden. She alleges the outdoor area was covered with water, and presented an unreasonable risk of injury to business invitees on the property.

Defendant store, meanwhile, contends plaintiff was contributorily negligent and that she actually fell on top of a four-foot orange “caution” cone that was placed near the accumulated water to warn customers of the risk. Plaintiff has countered this was not sufficient as there was no “Wet Floor” sign and defendant knew this was not enough to warn customers, considering there had been 33 similar falls at other stores across the country – including two previous slip-and-fall accidents at this very same location.

The 38-year-old mother of three said as a result of her slip-and-fall, she suffered a fractured skull and brain injury that resulted in a permanent loss of smell and taste. Continue reading

October 22, 2015

Tennis Star Sues US Open over Slip and Fall

by Jeffrey S. Glassman

Those who followed the United States Open tennis tournament are probably aware that tennis star Eugenie Bouchard was injured in an alleged slip and fall incident in the trainer’s room at the United States Tennis Association (USTA) Billie Jean King National Tennis Center (NTC) in Flushing, New York.

She recently filed a lawsuit in federal court in New York against the USTA, in which she alleges the organization had allowed a foreign substance to accumulate on the floor of the trainer’s room at the NTC, and this caused her to slip and fall, which resulted in a serious head injury. Specifically, her complaint alleges that following a match in the evening, she went to the trainer’s room inside the female locker room, where she slipped on the then-unknown substance and was seriously injured. Continue reading

October 11, 2015

Plaintiff Sues Wal-Mart after Alleged Slip and Fall

by Jeffrey S. Glassman

According to a recent news article from the West Virginia Record, a woman slipped and fell inside a Wal-Mart store and is alleging negligence in connection with her premises liability case against the big box retailer.

In her complaint against the retailer she alleged there was a foreign substance on the floor inside the store. She said the store management was negligent in allowing the substance to accumulate on the floor in June of 2013. She claims the liquid caused her slip and fall in manner that resulted in substantial physical pain and suffering. Continue reading

July 7, 2015

Sarkisian v. Concept Restaurants, Inc.: Slip and Fall Accidents in Massachusetts

by Jeffrey S. Glassman

In Sarkisian v. Concept Restaurants, Inc., an appeal from the Supreme Judicial Court of Massachusetts (SJC), plaintiff slipped and fell at a nightclub in Boston owned and operated by defendant.

According to court records, the nightclub was licensed to hold 574 occupants at a time and contained a wooden dance floor, which was approximately 50 feet in length. There were two bars at which employees served alcoholic and nonalcoholic drinks, and these bars were both located on the dance floor itself. One of the bars was 50 feet in length and the other was 15 feet long. Customers were allowed to take their drinks served in plastic cups on the dance floor or drink them in any other part of the nightclub including the lounge area that was accessible by a flight of stairs.

Plaintiff and her friends entered the nightclub on an evening when the club was staffed by eight security guards, three bar backs and a manager, in addition to the DJ playing music and the bartenders. All personnel were responsible for making sure the dance floor was cleared of debris and safe for walking and dancing. Continue reading

June 30, 2015

Customer Sues Big Box Retailer for Slip-and-Fall Injury

by Jeffrey S. Glassman

According to a recent article from the WV Record, an injured customer is suing a major big box retailer for an alleged slip-and-fall accident resulting in personal injury.

This female plaintiff has alleged multiple negligence claims against defendant as being responsible for her slip-and-fall injury, which occurred in May of 2013 during a shopping trip to the store. In her complaint, plaintiff asserts she was in the pedestrian walkway of the store when the accident occurred. She further alleges defendant had breached its duty of care owed to her by allowing standing water to remain in the area designated for pedestrian traffic. Continue reading

June 27, 2015

Alan Dershowitz Sues Boston Arena for Slip-and-Fall Injury

by Jeffrey S. Glassman

Boston Attorney and Harvard Law professor Alan Dershowitz, best known for his role on the O.J. Simpson defense team during the world-famous murder trial, is making headlines once again. This time, according to a recent news article from The Boston Globe, Dershowitz is suing the TD Boston Garden arena where the Boston Bruins and Boston Celtics play for alleged negligence involving a slip and fall accident.

Through his complaint, Dershowitz alleges he was at the arena while attending a Boston Celtics game nearly three years ago. While at the arena, he went to use one of the bathrooms in the facility and slipped on an allegedly wet floor near the sinks and fell to the ground, injuring himself. He is blaming the hazardous condition of the floors on the arena operator’s failure to adequately supply the bathroom with paper towels. Continue reading

March 6, 2015

Madonna Suffers Whiplash from Stage Fall

by Jeffrey S. Glassman

As most of us have heard by now, Madonna fell off a stage during a performance at the Brit Awards. Madonna was performing during the awards ceremony and blames her fall on a wardrobe malfunction.

During her performance, she was wearing a cape that was supposed to fall off her shoulders. The cape failed to fall and caused her to be pulled backwards off the stage. According to a recent news article from BBC News, Madonna says wardrobe personnel were worried her cape would fall off early and tied it extra tight to make sure that didn’t happen. When it was time for the cape to fall, Madonna was at the top of a flight of stairs designed for the set, and she pulled the string as she was instructed to do in an attempt to release the cape.

At this point the cape did not release and it started to strangle her. She realized she could either intentionally fall off the stage or be strangled by the cape. She chose to fall, saying that she had fallen off her horse many times and knew the proper way to take a fall. When she landed on the ground, Madonna says she hit the back of her head and suffered whiplash. Medical personal preformed an initial test to determine if she suffered a concussion, and also someone was posted to watch over her with a flashlight until early the next morning to make sure did not present any new signs of head injury.
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February 24, 2015

Two People Buried by Snow From a Cambridge Roof

by Jeffrey S. Glassman

The greater Boston area has been slammed by numerous winter snowstorms over the last month with significant snowfall accumulation. According to a recent news report from News 10, two people were injured when a large amount of snow fell off the roof of an ice rink in Cambridge. A 33-year-old man and 20-year-old woman were completely buried under then snow, and a rink operator had to help out. It has been reported both victims were hurt by the snow, but not seriously injured.
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February 2, 2015

Icy Sidewalks and Personal Injury in Boston

by Jeffrey S. Glassman

While predictions for the next “Storm of the Century” have proven wrong in much of the county, over the past two weeks Massachusetts has been slammed with heavy snowfall. With heavy snowfall comes the responsibility to clear snow and ice from sidewalks, streets, and parking lots. While many homeowners and store owners are good about making sure their property is safe for pedestrians, some are not.

If you are on someone else’s property and suffer a fall as a result of snow or ice that has not been properly cleared, you have a case if you are seriously injured. Falls on snow or ice can lead to broken bones, nerve damage, traumatic brain injury (TBI) and other serious health conditions.
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