By Robert I. Feinberg | Published February 19, 2025 | Posted in Premises Liability | Tagged Tags: Fall, premises liability, Slip | Comments Off on How Can a Victim of an Icy Sidewalk Slip and Fall Recover Damages?
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How Can a Victim of an Icy Sidewalk Slip and Fall Recover Damages?
In Massachusetts, property owners owe a duty of care to those who enter or use their premises, including pedestrians who may be injured by hazardous conditions on abutting sidewalks. When a person slips and falls on an icy or snowy sidewalk and is injured, they have the right to recover damages if it can be Read More
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Common Causes of Elevator Accidents and Who Is Liable
Elevator accidents, while relatively rare, can result in severe injuries or even fatalities. These incidents often stem from a variety of causes, including mechanical malfunctions, human error and poor maintenance practices. Understanding what causes these accidents is critical to identifying parties that may be held liable for damages in such cases. Here are some of Read More
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What to Do if You’re Hurt on a Stairway on Commercial Premises
Property owners are legally responsible for maintaining safe premises, including stairways. When stairway accidents occur due to negligence in maintenance or design, injured parties may have the right to seek compensation for their injuries. Here’s an overview of liability in stairway accidents and the steps an injured person should take. Stairway trips and falls can Read More
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Facing the “Open and Obvious” Defense in Premises Liability Cases
Property owners have a responsibility to ensure their premises are reasonably safe for visitors and to provide adequate warnings about any hazardous conditions. Similarly, visitors are expected to exercise reasonable care while on the property. But what happens when an obvious danger is present, and someone gets injured by it? In such cases, couldn’t both Read More
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The Right to Sue for Injuries on a Property Depends on Your Right to Be There
A property owner has a legal responsibility to ensure their property is safe for those who enter it and to compensate those injured due to unsafe conditions. However, the level of care a property owner must provide varies depending on the legal status of the person entering the property, categorized into invitees, licensees, and trespassers. Read More
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Property Owners’ Duty to Keep Sidewalks Clear of Snow and Ice
In Massachusetts, property owners have a legal obligation to maintain their premises in a reasonably safe condition. This includes protecting the safety of pedestrians by keeping sidewalks and steps clear of snow and ice. Failure to do so may result in liability for injuries sustained by individuals due to the owner’s negligence. The duty to Read More
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Special Risks Customers Face in Big Box Retail Stores
Big box retail stores have become a staple of consumer culture, offering a vast array of products at lower prices. However, with their vast inventory and high customer footfall, these stores also present unique challenges and risks for shoppers. Customers can face a range of dangers, from cluttered aisles to poorly trained employees and inadequate Read More
Read MoreCommonsense View of Fault in a Fall Down Case
As you are aware by now, many of my blogs have dealt with the concept of landowner liability. Maybe that’s just a fancy way of referring to an owner of property. For example, many such personal injury cases involve a commercial establishment which has a duty to maintain its property, inside and out, in a reasonably safe manner. From my experience, I would have to say that one very helpful factor, one that has come up a lot in recent cases, is if the condition that causes the accident has been a long standing condition.
Thoughts on the Processing of a Personal Injury Case
Over the past several years the point of these blogs has been to try to educate the consuming public, to those who might have a case or those wondering about the lawsuit/litigation process. As in any profession, there can be misconceptions about what happens. In the past I’ve discussed how long a case takes. Certainly there are no hard and fast rules on that.
Common Arguments from Defendants in a Premises Accident Lawsuit
I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:
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