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Articles Posted in Premises Liability

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Massachusetts Court Discusses Evidence Establishing Liability in Slip and Fall Cases

Slip and fall accidents are a common cause of personal injury in Massachusetts. While a slip and fall accident can occur anywhere, some businesses, such as grocery stores and restaurants, experience a greater number of slip and fall accidents due to the increased likelihood of a by debris or liquid…

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Massachusetts Court Discusses Liability Under the Child Trespasser Statute

In Massachusetts, the duty a property owner owes to visitors of the property depends in part on the status of the visitor. For example, property owners owe a minimal duty to trespassers as opposed to those lawfully permitted to enter the property. There is an exception for child trespassers, however,…

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Court Discusses Open and Obvious Exception to Massachusetts Property Owners’ Duty to Warn

In Massachusetts, property owners generally have a duty to maintain their property in a reasonably safe condition for any lawful visitors. There are exceptions to the general rule, however, such as when the harm presented by a dangerous condition is open and obvious. Recently, the Appeals Court of Massachusetts discussed…

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Court Discusses Jurisdiction Under the Massachusetts Long-Arm Statute

The law affords injured individuals the right to pursue claims against the person or entity that caused their harm, in a jurisdiction of their choosing. While in many cases a plaintiff’s jurisdictional choice will remain undisturbed, a plaintiff does not have an absolute right to dictate where an action will…

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Court Discusses Constructive Notice in Massachusetts Slip and Fall Cases

Under Massachusetts law, property owners owe a duty to anyone that legally enters the property to maintain the property in a safe condition. When a property owner fails to comply with its duty and allows foreign objects to remain on the floor, it may cause a slip and fall accident.…

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Court Explains Massachusetts Exception to Duty to Maintain a Safe Property

In Massachusetts, business owners generally have an obligation to make their premises safe for visitors and can be held liable for any injuries caused by a dangerous condition on the property. There are some exceptions to the general rule, however, that permit business owners to avoid liability even if a…

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Massachusetts Court Discusses Immunity Under the Recreational Use Statute

In Massachusetts, property owners are expected to maintain their property in a relatively safe condition. The duties imposed on property owners apply regardless of whether the owner is an individual or business. Even if the injured party can prove he or she was injured on a person or entity’s property,…

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Massachusetts Court Discusses Retail Store Liability for Dangerous Conditions

There are drug stores throughout Massachusetts that people visit regularly to fill their prescriptions and purchase health and grooming implements. Drug stores are like any other retail establishment, in that they have a duty to make sure their premises are reasonably safe for any customers shopping in the store. The…

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Massachusetts Court Discusses Sufficiency of Evidence to Prove Notice of a Dangerous Condition in a Slip and Fall Case

Slip and fall accidents are one of the most common causes of personal injury. When a person is injured in a slip and fall accident at a business, the person may be able to recover compensation from the business owner for any harm the person suffered. To successfully prove the…

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Massachusetts Court Discusses Duty to Disclose Hidden Defects in a Premises Liability Case

Under Massachusetts law, a property owner has a duty to keep the property in a safe condition to prevent the harm of individuals entering the property. When a property owner breaches this duty and a person is injured due to a dangerous condition, the property owner may be liable for…

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