Serving Cape Cod and the Surrounding Areas

Category: Premises Liability

8 injured after SUV drives through crowd at car auction

On Oct. 9, a runaway BMW SUV suddenly accelerated across the floor of a warehouse during an ADESA Boston vehicle auction at a Western Avenue facility in Framingham, Massachusetts. As the vehicle sped up, bystanders were running for safety, and eight of them were injured as it plowed through the crowd. Afterward, the SUV crashed through an interior cinder block wall.

Understanding more about electrical fires

Massachusetts residents might benefit from understanding more about the most common causes of electrical fires. The U.S. Fire Administration estimates that more than 28,500 electrical fires occur in the country each year, resulting in approximately 1,100 injuries and over 300 fatalities annually. Due to the increased use of lights and heating appliances, December and January are the typically the months with the highest number of electrical fires.

How a visitors status affects a premises liability claim

Under the theory of premises liability, property owners can be legally responsible for any accidents and injuries that occur on the property. In some states, the extent of the property owners liability depends on the visitors status. In other words, the property owner owes a different duty of care depending on how and why the injured person came onto the property.В

Does victim compensation always require proving negligence?

Obtaining compensation from a negligent property owner for injuries you received usually entails producing evidence to prove the existence of icy sidewalks, a wet floor or other dangerous property condition. There are situations in which an injured party may use circumstantial evidence to create an inference that a property owner was negligent without introducing evidence directly proving it.

What is the "open and obvious danger" rule?

The general rule of premises liability in the state of Massachusetts is that a property owner or occupier owes a duty to others on the property to keep the property in a reasonably safe condition, which includes a duty to warn of any unreasonable dangers that the owner or occupier knows of. This duty of care does not, however, completely absolve visitors on the property from exercising their own duty of care when it comes to exercising reasonable discretion in recognizing and avoiding dangerous conditions on the property that would be obvious to a reasonable person.

Theres more to premises liability than slip and fall accidents

The slip-and-fall accident, someone unknowingly stepping onto a liquid or other slick substance on the floor of a retail establishment like a supermarket, or tripping on an item carelessly left underfoot, is the prototypical premises liability accident, and the one that most people are likely familiar with. But premises liability can also involve other injury-causing events that have nothing to do with trip hazards or other threats to maintaining balance.

Dangerous conditions can be a source of negligence liability

Negligence cases in the Commonwealth of Massachusetts are usually seen as one individual’s behavior causing harm to someone else. For example, an inattentive driver striking a pedestrian or another car, or a surgeon accidentally leaving behind a surgical clamp in a patient. A less well known form of negligence consists of a failure to act when taking action would be necessary to prevent harm, or negligence that takes the form of failing to safeguard against dangerous physical conditions. These variations of negligence can often be found together in circumstances leading to a claim of premises liability.

What is an "attractive nuisance"?

Under Massachusetts law as it relates to premises liability, trespassers upon the property of another are generally not owed any duty of care on the part of the property owner. There is, however, one significant exception to this rule: child trespassers.

Premises liability rules in Massachusetts

If an individual is hurt on another person’s property, the property owner is generally held responsible for that injury. In some cases, someone who occupies an apartment may be held to the same standard that a landowner would be held to in a premises liability case. When determining the extent of a property owner’s liability, the law looks at whether or not the injured party was allowed to be on the property.

Seeking compensation for slip-and-fall injuries

Every day, there is some level of risk that you may slip and fall and hurt yourself while going about your normal activities around Massachusetts, even if you are paying attention to your surroundings. This is because other people’s negligence can create unexpected or hidden hazards that you are unable to avoid, potentially leading you to suffer emotional, physical and financial damages. This is why it is important to seek compensation for your injuries.