Search Site
Menu

Keeping Up With the Law

Contrary to popular belief, the law is constantly changing. So what does this mean for injury victims? Well, it means that when hiring a lawyer it is vital to the success of your case that you retain a lawyer who is knowledgeable and on top of local laws and any changes that occur.

Even the smallest change can greatly affect your case or the strategy upon which you and your lawyer rely.

For example, recently there was a major change regarding snow and ice and premises liability. In 2010, the court reversed a century-old law in Papadopoulos v. Target. Prior to this case, liability was based on whether there was a natural or unnatural accumulation of ice and snow.

If there was a natural accumulation of ice or snow, the property owner was not at fault. If, however, the accumulation was unnatural, the owner was to blame.

So what is the problem here? Case after case, it became difficult to determine what was a natural and what was an unnatural accumulation of snow. In Papadopoulos v. Target, the victim slipped on a patch of ice in the parking lot of a Target store.

Now in Massachusetts, property owners must maintain their property and keep it safe regardless of whether snow and ice accumulation is natural or unnatural. The plaintiff must still prove negligence. However, he or she need not worry about a counter defense claiming the perilous ice or snow was the fault of Mother Nature.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen was great to deal with and communication was easy.

    Read more

    Graham Eyres

  • google
    5.0/5.0

    Colleen represented both my daughter and myself in a car accident case. It was a tricky and very involved case with many detail oriented issues to deal with. She handled everything with confidence and grace and supported us through what were some ver...

    Read more

    Rhonda Brouder

  • google
    5.0/5.0

    I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...

    Read more

    Anne O'Leary

  • google
    5.0/5.0

    Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...

    Read more

    Branden B.

  • google
    5.0/5.0

    My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results

    Read more

    Jane sungurov

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form