In a recent Appeals Court case, the court looked at whether or not a business was responsible for taking care of the abutting sidewalk. For any personal injury lawsuit to move forward in Massachusetts, the injured person must show that the defendant owed him or her a duty under the law. Businesses must use reasonable care to keep their premises safe. In this premises liability lawsuit, the question centered on what the scope of responsibility was for the defendant businesses.
The injured person fell on black ice outside a commercial area and filed a negligence action against parties connected to the business abutting the sidewalk. The defendants moved for summary judgment, arguing that there was no duty upon them to reasonably maintain the sidewalk for the injured pedestrian. The defendants also argued that there was no proof that they created the unsafe conditions on the sidewalk. The trial court agreed, dismissing the action. The appellate court took up the injured pedestrian’s appeal, affirming the lower court’s ruling.
In its decision, the Appeals Court pointed to the local ordinance, which places a limited duty on landowners to remove snow and ice from adjacent sidewalks. The appellate court stated that the businesses owed a general duty to the municipality but not specifically to injured pedestrians. The court hinged its distinction on a prior 2010 ruling in Papadopoulos vs. Target, 457 Mass. 368 (2010). This case also involved a slip and fall on a patch of ice in front of a store. The injured pedestrian also filed suit against the store and the maintenance company. The main legal issue revolved around the “Massachusetts rule,” which distinguished between natural and unnaturally accumulated ice. The court chose to abolish that distinction, but it did emphasize the duty property owners have to take care of their property. That summary judgment for the defendants in Papadopoulos was vacated, but the Appeals Court in the present case distinguished that case by the fact that the injury occurred on the property, in the parking lot, as opposed to on a public sidewalk. The court in this case ruled that the defendants owed no duty of care to the injured pedestrian and that there was no reasonable chance to prove that the black ice was caused by the businesses. The dismissal stayed in place.
This slip and fall lawsuit supports the need to have experienced Massachusetts personal injury attorneys at your side. Familiarity with the law is essential in any premises liability case. The lawyers at Karsner & Meehan have the well-honed knowledge to determine which actions must be taken to fully and aggressively pursue the financial damages you need to become whole again. For a free, confidential consultation, contact our office at 508-822-6600.
More Blog Posts:
Massachusetts Workers’ Compensation Reviewing Board Looks at Mental Health Benefits, December 30, 2016, Massachusetts Injury Lawyers Blog
Massachusetts Appeals Court Finds Son Cannot Receive Underinsured Motorist Benefits From Mother’s Policy, December 20, 2016, Massachusetts Injury Lawyers Blog
Federal Circuit Court of Appeals Case Gives Insight on Social Security Disability Determinations, November 18, 2016, Massachusetts Injury Lawyers Blog