Premises Liability

Massachusetts residents who have been injured while on someone else's property may be entitled to seek compensation for any damages they have sustained. Of course, the circumstances have to be right in order for a civil claim to be successful. This week's column will address the what is needed to bring a personal injury claim following a slip-and-fall accident. Litigating a personal injury claim against a property owner is not always an easy task. There is a lot of information that the court will want access to in order to make a decision regarding liability. Such information includes: Any witness…

Sidewalks and steps can often be quite useful. They allow the individual to walk along the street in Massachusetts without having to watch for traffic or walk up to a building that is raised above the ground. When using sidewalks and steps, one typically gives very little thought to safety concerns because it is generally assumed that he or she is safe. However, many sidewalks and stairways can quickly become breeding grounds for a serious slip and fall accident. Slippery substances that are allowed to remain on sidewalks and steps can be a hazard for those who use them. During winter…

Massachusetts businesses are responsible for maintaining their property in a way so that it will not be a hazard to those who visit their businesses. Even though this can be a daunting task at times, it is the business's responsibility to protect its patrons while they are on site. Failure to do so can lead to a slip and fall accident as well as other types of injuries. As winter approaches, many businesses will find it necessary to place mats at their entrance for customers to remove snow from their shoes. Additionally, mops will likely be needed for snow and ice that…

It seems as if the news is filled with reports of violence across Massachusetts as well as the rest of the country. One day the headlines provide details about a recent road rage incident; other days the latest shooting is discussed. As a result of the apparent increase in violence, more and more companies and workplaces are taking measures to ensure that their employees and customers remain safe. These businesses recognize the problems that inadequate security can cause. Recently, a hospital was fined because of an apparent lack of security in its facility. Reports indicate that incidents of violence have escalated thus…

Dogs come in a variety of shapes and sizes; some dogs are large with short fur, and other dogs are small with long, flowing fur. While many dogs throughout Massachusetts are friendly and love to be around people and other animals, some dogs are aggressive and pose a threat to those around them. Regardless of the size of the dog, a dog bite can have serious medical and emotional ramifications. While most dogs are friendly and will not attack, media reports of dog bites are all too common. For this reason, it is always a good idea to ask the…

The average Massachusetts resident recognizes the warning signs. Even though they may be in the form of a plastic yellow stand or an orange cone, they mean the same thing – be careful. Whenever there is a known hazard, businesses should place a warning sign marking the area in an attempt to prevent a slip and fall accident until the problem can be taken rectified. Businesses are responsible for maintaining their environment in a manner in which the public will remain safe. This is why they make sure that carpet is tacked down, loose tiles are fixed and spills are cleaned up…

A car accident can happen at any moment. Because of this, most driver education courses emphasize defensive driving techniques that can help in avoiding car accidents. Unfortunately, even the safest driver cannot always avoid the actions of others. Police in Massachusetts are currently investigating a recent collision that resulted in a fatality. The accident occurred in the early morning hours of a day in early June. Police claim that a vehicle driven by a 45-year-old man struck a sports utility vehicle in the rear. As a result of the collision, the driver of the SUV as well as two of…

At this time of year, people in Massachusetts and across the country often flock to home improvement stores as they work to maintain their yards and houses. Unfortunately, a recent incident in the outdoor sections of an out-of-state Lowe's may leave some customers questioning their safety while shopping. The incident could ultimately lead to a premises liability claim. The fire department who responded to the scene claimed that an employee had been bitten by a copperhead, a poisonous snake. However, a spokesperson for Lowe's Companies Inc. has stated that it was actually a customer. The bite reportedly happened in the outdoor section…

For football players and other athletes, their physical well-being could determine the success of their athletic season and future professional prospects. In fact, many people in Massachusetts depend on their overall physical well-being to complete their personal and work responsibilities. NFL star Reggie Bush claims that his football season ended early because of an injury he suffered in a slip and fall accident caused by negligent property conditions. The accident happened when Bush was returning a kickoff. His momentum from the run carried him through the sidelines behind his team's bench. He claims that a concrete area behind the bench caused him to…

Many people in Massachusetts are injured each year as a result of a fall. Some of the injuries suffered are serious, creating extensive pain and suffering. Because of the financial impact of their injuries, some question whether the property owner could have taken additional, reasonable actions that would have prevented or rectified the dangerous property condition that led to a slip and fall accident. While a person has a responsibility to be aware of his or her surroundings, property owners also have a responsibility to take reasonable action to ensure that others are safe. To prove that the owner -- or…