Articles Posted in Premises Liability

When someone is injured and the responsible party does not have liability insurance coverage, the injured person still has a legal right to file suit and obtain a judgment, but collecting the judgment may prove to be a long, arduous, and perhaps impossible task. Contrariwise, difficulties can also arise when a defendant is insured by…

In 2007, the Supreme Judicial Court of Massachusetts adopted the so-called “mode of operation” approach to premises liability lawsuits. Under this doctrine, a person who is injured as a result of an allegedly dangerous condition on someone else’s property does not have to prove that the property owner had notice – either actual or constructive…

There are some cases in which liability is clear cut and the only real decision is the amount of the check that one party will write the other. In other cases, the issues are multiple, including who was at fault and to what degree. Recently, a Massachusetts appellate court was called upon to determine whether…

Product liability cases can run the gamut from household items to automobiles to medical devices and drugs. One particular drug, an antidepressant manufactured by Forest Pharmaceuticals and commonly known as “Lexapro,” recently came under fire in the case of Marcus v. Forest Pharmaceuticals, Inc. Lexapro, which belongs to a class of antidepressants known as “selective…

It may be cliché to talk about the weather, but in a winter like the one we are currently experiencing, it is unavoidable. The Bay State has been hit by one blizzard after another, with accumulations measurable not just in inches but in feet. Such extreme weather is bound to affect our lives in many…

No business owner wants to be sued, but most understand that the possibility of being held financially responsible for a customer’s injuries is part of doing business. That’s why liability insurance exists, after all. Unfortunately, one Massachusetts business owner was apparently so zealous to avoid a possible premises liability lawsuit that he is now facing…

Massachusetts law requires property owners to keep their premises safe. When a business or homeowner breaches this duty and someone is hurt, the injured person can file a premises liability lawsuit seeking money damages. In a successful premises liability case, an injured person may be able to receive compensation for medical bills, lost wages, and…

On April 10, 2014, the Supreme Judicial Court of Massachusetts decided on a strict liability case, Sheehan v. Weaver, where an apartment renter fell from a two story apartment staircase when the guardrail broke. Strict liability is a statutory tort that allows a plaintiff to hold a person liable for injuries regardless fault. The question…

Last year the Supreme Judicial Court of Massachusetts made an important ruling about wrongful death and survival claims in Klairmont v. Gainsboro Restaurant, INC. The ruling clarified whether loved ones could bring a survival action under Massachusetts consumer protection act, Massachusetts General Laws Chapter 93A § 9 (“c. 93A”). Any time families lose a loved…

Recently in Dos Santos v. Coleta, the Supreme Judicial Court of Massachusetts further defined the role of the “open and obvious” rule in premises liability cases. Under the “open and obvious” rule, the defendant in a negligence case is relieved of their duty of care if the hazard is open and obvious. However, a property…