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Premises Liability

Postal officials say dog bite can come from any dog

On behalf of posted in Premises Liability on Tuesday May 27, 2014

Throughout the country, many cities have moved to draft legislation that bans the ownership of certain breeds of dogs. The efforts stem from the theory that only specific breeds, or mixes thereof, afford the highest probability of generating a dog bite incident. However, according to statistics compiled by many jurisdictions, possibly even in Massachusetts, the truth is that any dog can bite. The U.S. Postal Service is actually speaking out against any bans on particular breeds. The media frequently provides coverage whenever an attack is carried out on a person, particularly when the aggressor is of the vilified Pit bull…

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Law firm must pay premises liability damages to chair victim

On behalf of posted in Premises Liability on Friday November 1, 2013

When a meeting with a professional in his or her office results in a serious enough personal injury to a potential client the purpose of the meeting tends to get lost, and the need for entirely different outcomes may overtake its original purpose. This happened in a locality outside of Massachusetts when a man was meeting with a personal injury lawyer about retaining the lawyer's services. The chair he occupied collapsed and he suffered disabling injuries unrelated to the injuries being discussed in the meeting. The potential client made a claim for personal injury based on premises liability against the personal injury…

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Premises liability for inadequate security applies to businesses

On behalf of posted in Premises Liability on Monday September 23, 2013

If you own a business you may be liable to a customer who was violently injured on your property by third parties if you knew or should have known that such danger existed. A recent article in Huffington Post references two federal cases that discuss the duty owed, if any, in cases claiming injuries from third parties. The rules for premises liability regarding inadequate security claims are basically the same in Massachusetts and the rest of the states. One of the federal cases dealt with a customer being assaulted in a restaurant. The customer was hurt by customers when she asked them to be…

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Study: Amusement park rides pose real dangers to kids

On behalf of posted in Premises Liability on Thursday May 30, 2013

Summer has arrived in Boston after a long winter and stop-and-start spring. That means kids will be tugging on parents' sleeves, asking to go to amusement parks to take a turn on the roller coasters and other rides. A new study will give many parents pause about the risks of their children getting injured, however. The study shows that tens of thousands of kids were treated at hospital emergency rooms after sustaining injuries on theme park or amusement park rides. The study of ride-related injuries shows that 92,885 kids were taken to an ER for treatment between 1990 and 2010. That's…

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Tragedy strikes in backyard, uncovered pool

On behalf of posted in Premises Liability on Tuesday April 16, 2013

Teddy bears, ribbons and lit candles are piling up outside a home south of Boston. Inside the house, parents are grieving the loss of their little boy, just five years old, and little girl, seven years old. The two were found in the black, cold water of a neighbor's uncovered backyard swimming pool. Investigators believe the Long Island, New York, tragedy might well be due to the neighbor failing to erect a secure fence around the pool that would have kept the youngsters safe. Police were called around 3:30 Sunday afternoon by the children's mother, who said her kids had disappeared from…

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Parents file suit against preschool over ‘hogtied’ two-year-old

On behalf of posted in Premises Liability on Thursday April 4, 2013

Sometimes parents' efforts to provide the best for their children go horribly wrong. Look at the recent case of parents far from Boston who chose a church preschool for their two-year-old daughter. The California parents have filed legal claims against the school for failing to provide adequate security, among other allegations, after their daughter was "hogtied" by an unlicensed teacher who then sent the girl's mother a photo of the trussed toddler. The little girl was apparently being punished by the unlicensed teacher for failing to sleep during naptime at the Contra Costa County preschool. The parents state in court documents…

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Recognizing the Danger of Slip and Falls During National Safety Month

On behalf of posted in Premises Liability on Friday June 24, 2011

June is National Safety month, sponsored by the National Safety Council. The month is devoted to alerting the public to safety issues, with a new issue highlighted each week. This week, the focus was on preventing slip and falls and trip and falls. According to the National Safety Council, more than 8.6 million people are significantly injured in falls each year. Injuries span from bruises and broken bones to severe spinal cord injury, brain injury and even death. Slip-and-fall accidents / trip-and-fall accidents can happen anywhere: at a grocery store, on a construction site, at water parks, on a public…

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