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Articles Posted in Premises Liability

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 person is injured in an accident caused by an unsafe condition on the business’s property. The United States Court of Appeals, First Circuit recently discussed one of these exceptions, in a case in which it found the business owner was not liable for a contractor’s harm, where the harm was caused by the condition the contractor was hired to remedy. If you were injured in an accident while you were visiting a business, it is prudent to meet with a trusted Massachusetts personal injury attorney to discuss whether you may be able to recover damages for your harm from the business owner.

Factual Scenario

It is alleged that the plaintiff worked for a cleaning company that was hired by the defendant car dealership to clean the dealership. The contract between the defendant and the cleaning company specified that the cleaning company was required to scrub all the service floors six times a week with a degreasing product. On the day of the alleged incident, the plaintiff was working at the defendant dealership. At one point, he walked around a pallet when he lost his balance and fell.

Reportedly, after the plaintiff fell, he observed an accumulation of oil on the floor by the pallet. After the fall, he continued to clean the dealership floors, including the area where he fell. It was ultimately revealed that the plaintiff suffered a significant knee injury in the fall. He subsequently filed a lawsuit against the defendant, asserting claims of negligence and failure to warn. The defendant filed a motion for summary judgment, arguing that the condition was open and obvious. The court granted the defendant’s motion, noting that there is no duty to protect a plaintiff from a danger that the plaintiff was hired to cure. The plaintiff appealed.

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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, however, the injured party may be denied damages if an exception to the general rule applies. For example, as discussed in a recent case decided by the Appeals Court of Massachusetts, under certain circumstances a property owner that permits people to use its property for recreational purposes can avoid liability. If you suffered injuries in a recreational facility it is prudent to meet with a skillful Massachusetts personal injury attorney to discuss the circumstances under which you were injured and your potential claims for pursuing damages.

Factual Background of the Plaintiff’s Harm

Allegedly, the plaintiff was at the defendant indoor sports facility, watching her son play dek hockey. When she was leaving the bleachers after the game, she fell and suffered a torn ligament in her knee. She sued the defendant, alleging that it negligently failed to properly secure the bleachers. The defendant filed a motion to dismiss, arguing that it was insulated from liability by G.L. c 21, § 17C, which is known as the recreational use statute. The trial court granted the defendant’s motion, dismissing the case. The plaintiff appealed.

Immunity Under the Recreational Use Statute

Under the recreational use statute, landowners are protected from liability for negligence claims brought by people who suffered injuries while using the land for recreational purposes with no charge. In the subject case, it was undisputed that the plaintiff did not pay a fee to use the defendant’s facilities. The plaintiff argued, however, that she paid an indirect fee for the use of the defendant facility, through payments made to her son’s dek hockey league to allow him to play in the defendant facility.

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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 United States District Court for the District of Massachusetts recently addressed what a plaintiff must prove to recover damages following a slip and fall accident in a drug store. If you suffered injuries in a slip and fall accident in a retail store it is essential to consult a seasoned Massachusetts personal injury attorney to assess whether you may be able to seek compensation for your harm.

Factual Background of the Case

Reportedly, the plaintiff was shopping at the defendant drug store when she slipped and fell on a lip balm ball that was on the floor. She subsequently filed a lawsuit against the defendant, asserting a negligence claim. The defendant filed a motion for judgment on the pleadings, arguing that the plaintiff’s complaint failed to allege that the defendant owed plaintiff a duty or breached any duty owed. The plaintiff did not respond to the motion. The court subsequently granted the motion, dismissing the plaintiff’s claim.

Retail Store Liability for Plaintiff’s Harm

In Massachusetts, a retail store may be held liable for injuries suffered because of a dangerous condition on the premises that the store did not create, but only if the plaintiff can show that the store knew of or should have known of the dangerous condition, and that the condition posed an unreasonable risk of harm. Further, the plaintiff must show that the store could not reasonably have expected the plaintiff to discover the dangerous condition or protect himself or herself from harm and that the store failed to use reasonable care to protect the plaintiff.

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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 business owner should be held liable, however, the injured party must prove that a dangerous condition caused the fall, and the business owner knew or should have known of the condition. A Massachusetts appellate court recently analyzed what constitutes sufficient evidence to prove a business owner should have had notice of a dangerous condition in a slip and fall case. If you were recently injured in a slip and fall accident it is essential to retain a trusted Massachusetts personal injury attorney to represent you in your pursuit of damages from the business owner.

The Slip and Fall Accident

Allegedly, the plaintiff and her daughter stopped at a fast food restaurant on August 14, 2014. It was raining heavily that day, and the plaintiff and her daughter parked by the front entrance of the restaurant. The plaintiff was holding her daughter’s hand and entered the restaurant via the front door, walking in front of her daughter. As soon as she entered the restaurant, the plaintiff’s right leg flew forward, and she fell onto her left knee. She then noticed there was water everywhere and the water had pooled in a three to four-foot puddle on the floor. While there was a mat and yellow cone by the side entrance, the plaintiff stated that there were none by the front entrance.

It is reported that the plaintiff filed a negligence claim against the defendant restaurant. The case proceeded to a bench trial, during which the defendant filed a motion for involuntary dismissal pursuant to Mass. R. Civ. P. 41(b)(2) which the court denied. The court ultimately found in favor of the plaintiff, after which the defendant appealed. On appeal, the defendant did not dispute that the plaintiff suffered injuries but argued that as the plaintiff did not produce evidence as to how long the water had been on the floor, she failed to establish that the defendant should have known of the water.

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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 the injured person’s harm. In some instances, a dangerous condition will clearly constitute a breach of the duty to keep a property reasonably safe, but in other cases, such as when a person is injured due to a hidden defect, it may not be clear if the property owner should be held liable. Recently the Appeals Court of Massachusetts analyzed a property owners’ duty to disclose hidden defects in a case in which a contractor was injured when he fell through a roof that was structurally unsound. If you suffered injuries due to a hidden defect on a Massachusetts property it is vital to engage a skillful Massachusetts personal injury attorney to assist you in seeking any compensation you may be owed from the landowner.

Facts Regarding the Injured Party’s Fall

It is reported that the plaintiff was hired by the defendant contractor to install a roof on a building’s property. The defendant contractor was hired by the defendant property owner. Prior to the completion of the project, the defendant property owner advised the defendant contractor that he wanted the roof of the porch to be re-shingled. The plaintiff began working on the porch roof. Initially, the plaintiff used a ladder, but he then climbed onto the porch roof to continue re-shingling. The porch roof collapsed, causing the plaintiff to fall twelve feet to the ground. The plaintiff, who was a hemophiliac, required extensive medical treatment. He subsequently filed a negligence lawsuit against the defendant property owner and defendant contractor. The plaintiff ultimately settled with the defendant contractor.

Allegedly, it was undisputed that the porch roof was not a safe work surface. The plaintiff argued that the defendant property owner should be held liable for his injuries regardless, due to the fact that the roof had hidden defects. Following a trial, the jury found the defendant property owner negligent but found the plaintiff’s negligence exceeded the negligence of the property owner and therefore, awarded the plaintiff no damages. The plaintiff subsequently appealed.
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Under Massachusetts law, a party who is injured by someone else’s negligence typically has three years from the date of the injury to pursue a claim against the negligent party. In certain cases, however, such as when a person is injured on a public way, the law requires that the injured party provide notice of any potential claim to the allegedly negligent party in a much shorter time frame.

As shown in a recent case decided by the Appeals Court of Massachusetts, the failure to provide notice of a claim for injuries arising from a defective way can be fatal to a plaintiff’s case, regardless of the cause of the delay. If you suffered harm due to an accident caused by a defective way, you should consult a skilled Massachusetts personal injury attorney as soon as possible to discuss your options for seeking damages.

Factual and Procedural History

Allegedly, the plaintiff suffered injuries to her foot while she was walking on a public way in Boston, due to a depression in the road. She provided notice of the claim to the city within thirty days, as required by G. L. c. 84, §§ 15 & 18, commonly referred to as the defective way statute. About three months later, the city sent a letter to the plaintiff denying liability and stating that the defendant gas company was the party responsible for the way in question. The plaintiff sent notice to the defendant gas company the following day and subsequently filed a lawsuit against both the city and the defendant gas company. The defendant gas company filed a motion to dismiss due to late notice, which the court denied. The case proceeded to trial. After the close of the plaintiff’s case, the defendant gas company filed a motion for a directed verdict due to the late notice. The court granted the motion, and plaintiff appealed.

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If you suffer injuries in a slip and fall in a public area such as a hotel garage, it may not immediately be evident who is responsible for maintaining the portion of the premises in which you were injured. Massachusetts law permits you to pursue claims against all parties that may be potentially liable, and where it is unclear which party’s negligence caused your injury, it is left to the fact finder to determine liability.

Recently, in a case before the United States District Court for the District of Massachusetts, the court held that it was up to the jury to decide whether a hotel or a company that provided valet service for the hotel was responsible for injuries suffered by an individual who fell in the hotel parking lot. If you sustained an injury because of someone else’s negligent behavior, it is in your best interest to meet with an experienced Massachusetts personal injury attorney to discuss your options for seeking compensation from the party that caused your harm.

Facts Surrounding the Plaintiff’s Injury

The plaintiff worked as a manager for a rental car company at a location in a Boston hotel. He was responsible for checking nine parking spots in the hotel’s garage. He was inspecting the spots in the spring of 2014 when he claimed that he tripped and fell on an uncovered drain hole in one of the parking spots. He sustained serious injuries in the fall.

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Under Massachusetts law, if you slip and fall due to ice on someone else’s premises, you are required to provide the party responsible for the premises written notice of the place, time and cause of injury within thirty days. The Appeals Court of Massachusetts recently held in Lewis v. Rocco Realty Trust, that a plaintiff who failed to provide the required notice was precluded from recovering from the defendant. If you were injured in a slip and fall accident caused by ice, it is essential to seek the assistance of an experienced Massachusetts personal injury attorney as soon as possible, as any delay may result in the waiver of your right to recover.

Factual Background

Purportedly, plaintiff filed a Complaint in which he alleged that he sustained injuries in a slip and fall accident that occurred three years earlier in a parking lot owned by the defendant. Plaintiff asserted the defendant’s negligent maintenance of the parking lot caused his fall. Defendant filed an Answer asserting, in part, plaintiff’s Complaint should be dismissed due to plaintiff’s failure to provide notice of the claim within the required time period. Defendant then filed a motion for judgment on the pleadings. Defendant attached correspondence from plaintiff’s counsel to its motion. The letter, which was dated eight months after the fall, included the date of the alleged incident and stated plaintiff suffered injuries because of the negligent condition of the premises but did not state plaintiff fell or allege that ice was the cause of plaintiff’s injuries.

Generally speaking, a property owner does not have a duty to prevent dangerous or harmful acts of third parties. Under Massachusetts personal injury law there is an exception to the general rule, in that a property owner can be held liable for ignoring criminal activity it knew or should have known was occurring on the premises. In Charles Northrup v. National Amusements, the Appeals Court of the Commonwealth of Massachusetts recently clarified that a property owner will only be liable for a criminal act occurring on its property if it had knowledge of prior similar acts.

In Northrup, the Plaintiff was sitting in his vehicle in the parking lot of the Defendant’s movie theater, when he was stabbed by an individual suffering from schizophrenia and other mental illnesses. Plaintiff subsequently sued the Defendant for negligence, alleging the Defendant’s failure to provide police protection on the premises caused his injuries. The Defendant filed a Motion for Summary Judgment, arguing the stabbing was not foreseeable. The trial court granted Defendant’s Motion and Plaintiff appealed. On appeal, the Appeals Court of the Commonwealth of Massachusetts affirmed.

The court noted that while police reports indicated there were thirty incidents at the movie theater in the three years prior to the incident, only three of the incidents resulted in an arrest, and only one incident involved a violent act. The remainder of the incidents involved theft and other property crimes. Additionally, the internal incident reports written by the Defendant indicated there were seventy-one incidents in the three-year period prior to the stabbing. While most of the incident reports did not indicate any criminal activity, four of the reports indicated violent acts, including one report of an incident in which rocks were thrown at children when they were leaving the theater.

The owner and manager of an apartment building attempted to extend the umbrella of immunity under the Tort Claims Act, G.L. c. 258 Sec. 2 to avoid liability for a serious injury Massachusetts slip and fall accident.  A resident of a public housing development fell while descending the stairs in his apartment building.  He filed suit against the city’s housing authority, the company that owned the property, and the company that managed the property.  The owner and manager moved for partial summary judgment, asserting they were public employees.  The motion was denied and the defendants appealed.

The Massachusetts Torts Claims Act arose out of a case law precedent known as “sovereign immunity”.  This legal concept shielded the government from liability if someone was injured as a result of the negligence stemming from a governmental agent.  The Massachusetts legislators created the Tort Claims Act to delineate when this privilege applied and when exceptions to this privilege occurred.  While the Act increases the ability for an injured person to find legal relief, public employees are shielded from liability.  The defendants in this suit argued they were public employees as “controlled affiliates” for a housing authority apartment complex.  The controlled affiliate of a local housing authority is an entity with the power to own and manage residential real property which is within the legal control of the housing authority.  The trial judge found controlled affiliates do not fit within the scope of the definition of “public employee” found within the Tort Claims Act. 

The defendants came into their respective positions in 2009, when the housing authority realized the rehabilitation project costs exceeded the public funds available to them.  The project was partially financed through five other sources, including an equity investment seeking to take advantage of the Federal Low Income Housing Tax Credit program.  The tax credits are available to investors providing funds for qualified low income housing projects with rent restrictions and a minimum share of rental units for moderate and low income households.  The housing authority cannot utilize these tax credits, so in order to keep outside investors on board, they “sell” the use of these credits and transfer the ownership of the housing project to a “controlled affiliate”.  The apartment complex in this suit was transferred over to the owner, giving him 99.99 percent ownership interest and the manager, giving him .001 per cent ownership interest. 

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