Articles Tagged with Boston slip and fall lawyer

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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

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Winter in Boston and across the New England is notoriously hazardous – not just for those in cars, but for those on foot as well. Wet snow is trampled into building entryways and sidewalks are slick with ice.  While a slip-and-fall injury can certainly happen at any time of the year, it is in the winter when we often see an increase to the presence of ice and snow on the sidewalks and roads of the commonwealth.

icewalkSome of these slip-and-fall cases in Boston can result in serious injury, and, in some cases, it is the fault of an adjacent business owner or company responsible for keeping a parking lot maintained that should be held liable for any damages caused. Continue reading

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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. icewalk

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

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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.waterpuddle03

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