Articles Tagged with Premises Liability

download-1Bourne, MA (July 11, 2018) – A toddler playing at a Cape Cod water park on Tuesday suffered a serious injury.  The child, identified as a 2 year old girl, was at a splash pad at Buzzards Bay.  The child was going down a slide at the Splash Pad when she suffered an injury causing her to lose a toe, according to the Bourne Police Department.  Paramedics rushed the girl to a hospital to receive treatment.  The park was closed and the area was cordoned off while the incident was investigated.

A witness, Josephone Bevilacqua, believes that the area where the child was hurt is not safe for guests.  Bevilacqua said “as a parent, I can’t understand how rocks and water are safe.”  The park is closed indefinitely at this time.  It is unclear how exactly the girl lost her toe in in the incident as further details were not immediately available on Tuesday.

Massachusetts Premises Liability Attorney

download-3-5Falmouth, MA (June 30, 2018) – A child was airlifted to a local hospital after a near-drowning incident at a hotel pool in Falmouth on Friday.  Authorities have not released the nameof the child involved, however, they say that that it is a 10 year old.  The 10 year old was inside a pool at the Sea Crest Hotel around 2:45 pm Friday when the distress call came in to police and emergency officials.

Officers responded to the scene.  The child was evaluated and then airlifted to a Boston hospital for immediate medical attention.  There is no word on the child’s condition at this time and police in Falmouth are still investigating the incident

Boston Premises Liability Attorney

download-2-2Premises liability accidents can present a host of complicated legal issues.  We have all likely experienced or witnessed a slip and fall at a store or else we know someone that has.  Everyone has gone shopping at one point in their lives and seen a sign which warns them of a wet floor or some other slipping hazard.

Slip and fall accidents come within an area of law known as premises liability.  Premises liability refers to the legal responsibility of the owner or person in control of a piece of property to maintain the property in a safe condition for lawful visitors.  When an owner fails to uphold this duty and a visitor is injured, the owner can be legally responsible under a premises liability theory.

Negligence in Premises Liability Cases

download-2In shocking news out of Andover this afternoon, two people suffered serious injuries in a propane gas tank explosion.  The explosion took place around 4:00 pm at a Mobil gas station on Osgood Street.  Rescue and emergency officials quickly arrived on scene after receiving calls regarding the blast.  The injured victims sustained severe injuries and had to be airlifted to local hospitals.  There was no further update on their condition.

The Occupational Health and Safety Administration currently has officials on site working to determine the cause of the blast.  The gas station will remain closed while investigators continue to work on site.  There is no word on when the store will re-open for business.  The victims of the explosion were not immediately identified.

Massachusetts Personal Injury

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

Carlson v. Town of South Kingstown, a case from the Supreme Court of Rhode Island, involved a plaintiff who was injured at local little league game.  According to court records, the plaintiff went to a little league game at a field maintained by the town.  She was there to watch her son play in the baseball game.

baseballs-1192309-300x225Plaintiff had been standing at a chain link fence that separated her son’s team’s dugout from the batting cage where pitchers could warm up during the game, so she could see what was happening.  After the game, when she went to meet her son in the dugout, she testified that she felt her foot fall into a hole or divot in the ground.  When her foot fell into the hole, she suffered three separate fractures in one leg. Continue reading

According to a recent report from CBS, a woman was killed in a skiing accident in Wisconsin. The 24-year-old woman was skiing when she hit a tree. Ski patrol personnel immediately responded to the scene of what would later prove to be a fatal accident, and they also called 911, so local authorities could provide additional assistance.

1380245_winter_street_sceneryWhen the local sheriff’s deputies arrived, ski patrol had already taken the victim down to the base of the mountain in a toboggan, so she could be provided additional medical attention and transported to a hospital by medevac helicopter or ambulance. Continue reading

Slip and fall accidents can happen anytime. They can happen in stores when the management negligently fails to clean up a spill or mark the area with a wet floor sign, and they can happen when a tile or section of concrete is left in a state of disrepair that causes someone to trip. However, in the winter we tend to see many more slip and fall accidents occurring outside when someone slips on snow or ice.

1272047_snowIn some cases, an outdoor slip and fall is simply nobody’s fault. In other cases, the city should have plowed better, and in other cases, the accident is to blame on the negligence of a shop or business owner that had a duty to clear the snow and ice in their parking lot, but failed to do so. This could be considered negligence and the basis for a personal injury lawsuit. Continue reading

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.

caution-wet-floor-sign-1-1006453-mIn 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

According to recent news from The Reporter, the CEO of Jelly Belly, the famous candy company that produces the popular candy of the same name, has issued a public statement about a fatal tank accident that occurred on his privately owned property.

tank-series-3-1503813Authorities say a visitor was run over and killed by a military-style tank or armored vehicle on property owned by the candy company CEO. The accident is still under investigation. CEO Herman Rowland issued the statement, in which he said his entire family is still in a state of shock. He went on to say an invited guest of the family was there for a family reunion, when he “was involved in an off-road vehicle accident on private property.” He then went on to express many good qualities about the victim and how his loss has affected the family. Continue reading