Search Site
A long-standing physical comedy gag is the person who slips and falls on a banana peel. The interesting thing is that this gag may apply in Boston tort cases as well!
A shopkeeper, or anyone else, has a duty to keep the premises safe for most everyone who comes onto the property. Many times, a case may turn on the owner’s knowledge of the condition. If the owner knew or should have known about the dangerous condition, and yet did nothing to remedy the condition or at least warn visitors, the owner may be liable for an injury. People often slip and fall on wet spots, loose floorboards and, yes, even banana peels.
The color of the banana peel may help determine the owner’s liability. A pair of Massachusetts cases from the early 1900s, Goddard v. Boston and Maine R.R. and Anjou v. Boston Elevated Railway Co., lay out the different scenarios:
- Yellow. If the plaintiff slips and falls on a yellow banana peel, that means that the peel recently dropped on the floor. An owner can claim no knowledge of the defect in such situations.
- Brown. If the peel is brown, it has been on the floor for quite some time. The owner is likely to be liable for damages, especially if the plaintiff can prove actual knowledge ― a booming voice over the loudspeakers may have proclaimed “cleanup in Aisle 7.”
This analysis applies in other cases as well. The longer the steps have been loose or the longer the floodlight has been out, the more likely the plaintiff is to recover damages.
Slipping and falling on a banana peel is no laughing matter . Call my office today for your free case review if you have been injured in an accident.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...
-
5.0/5.0
Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...
-
5.0/5.0
I had the pleasure of working with Attorney Colleen Santora after I was involved in a car accident. She was very attentive, professional, and courteous throughout our entire case involvement. I appreciate everything she did to help me. She is wonderf...
-
5.0/5.0
I was in a terrible car accident. I was referred to Colleen by a friend. She is amazing! Answered my every call, text and fought for me. Being a hairdresser for 40yrs it was horrible trying to cut hair with a broken hand, but in the end Colleen got m...
-
5.0/5.0
Colleen Santora is an outstanding attorney. I reached out to her after I was hit by a car as a pedestrian and she walked me through every step of the process with clarity and patience. She’s a fantastic communicator, extremely responsive and alway...
Choose a location to review
Feinberg & Alban PC Law office locations:
Awards & Affiliations
Contact us
