Articles Tagged with Boston premises liability attorney

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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

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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

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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

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In a recent case from the Maine Supreme Judicial Court, plaintiff was injured when she slipped on ice that had accumulated in front of her dorm room.  Her accident occurred on January 17, 2014. This date is important, because this case deals with a notice requirement when filing against a state or municipal defendant.

1380913_street_light_2-300x265On February 3, 2014, plaintiff’s father contacted the university’s risk management office about his daughter’s injury.  In his email, he notified the school that his daughter broke her leg and tore a ligament.  He further informed the school in his email message that she required surgery to repair the damage from her slip-and-fall accident.  He also stated that he expected the school to assume liability for his daughter’s injury, as it was their responsibility to make the walkways safe in campus areas. Continue reading

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A jury in Chicago awarded $5.4 million to a man who suffered serious back and groin injuries after he slipped and fell on a slick of diesel oil on the ground at a rail yard.

The original verdict was for $9 million, but was lowered by a percentage based on plaintiff’s pdirt oilurported contributory negligence that factored into the fall’s causation.

Plaintiff sued the railroad company for allegedly failing to provide him with the appropriate tools and a safe workplace while he was repairing a leak on site as an independent contractor back in April 2011. The case highlights the fact that although work-related injuries are often compensable only via workers’ compensation benefits, there are sometimes legal avenues to pursue claims against third-parties, such as property owners or general contractors. Continue reading