The Supreme Judicial Court of Massachusetts recently altered the law surrounding slip and fall accidents. Under the traditional approach, a storeowner would only be liable if there was notice of the dangerous condition that caused the injury. Notice could be shown in one of three ways. First, that the owner created the dangerous condition. Two, that the […]
Call Earley Before It’s Too Late!Important New Massachusetts Premises Liability Decision
Category: Slip and Fall Accidents
You would be surprised how many people in Massachusetts are significantly injured in slip and fall accidents every year. If you are one of these people, it is important for you to know how fault, or negligence, is determined in these cases. Here is a great post provided by Dallas personal injury attorney Jeffrey H. Rasansky […]
The success of slip and fall cases in Massachusetts hinge on the element of “notice.” Property owners in Massachusetts are required to keep their property in a reasonably safe condition free from defects. These owners must take reasonable measures to insure their property is safe for those lawfully on the property. In order to establish negligence […]
In Massachusetts, those injured on the property of a “charitable institution” may face a grim reality. That is because the Massachusetts charitable immunity statute found at M.G.L. 231, section 85k imposes a cap on personal injury damages at $20,000.00. So no matter how bad your injuries, no matter how much your medical bills are, your damages will […]
Slips and falls happen each and every day in Massachusetts. These accidents happen with greater frequency during the winter due to ice and snow accumulations. If the property owner was negligent in failing to maintain the premises of where you fell, you may have a case. But, if you were intoxicated at the time of the fall, […]
The MBTA is sued by hundreds of people each year who claim to have slipped and fell on MBTA property. Slip and fall cases are tough to win in Massachusetts. Really tough. But, they become even more difficult when it is the MBTA that is the defendant. Why? Because they, as an agency, have too few claims representatives, too […]
This is a common question Massachusetts tenants have when the winter rolls around in New England. Here is a good answer to the question provided by the Massachusetts Attorney General’s Office: “A landlord is required to keep all doorways clear of snow so that tenants can come and go, but is not required to shovel the […]
It is not easy to have success with a snow and ice, slip and fall claim in Massachusetts. The reason is that you have to show there was an “unnatural accumulation” of snow and ice that caused your accident. There are three ways under Massachusetts law to show an “unnatural accumulation” of snow and ice. They are: […]
I always tell new and existing clients that slip and fall cases are tough to win in Massachusetts. Often, an insurance company will deny a slip and fall claim because it feels that the victim caused the accident, and was alone responsible for the loss. In that case you need to file a lawsuit, but even then things […]
Children, for various reasons, fall down with alarming frequency. Such accidents can cause a child serious and sometimes permanent physical injuries. I found the following provided courtesy of The Riley Hospital for Children which provides information on how to protect your child from fall down injuries, in a multitude of contexts: Prevent falls from furniture/child care products: […]