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Articles Posted in Premises Liability

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Massachusetts Court Discusses Causation in Negligence Cases

Tragic accidents that result in the death of persons happen all too regularly in Massachusetts. Often, such accidents are the result of harmful conditions that the deceased party experienced on someone else’s property. However, just because a hazardous condition existed near where a person died does not prove that the…

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Massachusetts Court Declines to Uphold Premises Liability Claims Against an Insurer

Broadly speaking, property owners have a responsibility to ensure that people who lawfully enter their buildings do not encounter dangerous conditions. As such, if they neglect to do so and people suffer injuries as a result, they may be deemed for damages in a civil proceeding. The duty to protect…

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Court Discusses Establishing Liability for a Slip and Fall Accident in Massachusetts

People who suffer the loss of a loved one often expect they will have to contend with many things, such as economic losses, grief, and other strong emotions. They rarely anticipate that they will suffer harm during the process of saying goodbye to their loved ones, however. Harmful accidents can…

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Massachusetts Court Discusses Establishing the Standard of Care in a Fall Case

All falls can potentially cause harm but falls from roofs, and other high places typically cause critical injuries. Despite the severity of injuries suffered by people that fall from substantial heights, they can generally only recover damages if they can prove their falls were caused by another party’s carelessness. This…

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Massachusetts Appellate Court Upholds Verdict for Plaintiffs in Premises Liability Stabbing Case

In the recent case of Pena v. Pena, a Massachusetts trial court considered the liability of a property owner for injuries that a visitor sustains due to the acts of a third party. The case provides an important example to litigants about the importance of following procedural rules and retaining an…

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Massachusetts Appellate Court Affirms Defense Verdict in Premises Liability Trip and Fall Case

In the recent case of Peters v. Shaw’s Supermarkets, Inc., the plaintiff was a deliveryman who alleged that he suffered severe injuries when he tripped on a pothole and fell while making a delivery at the defendant’s grocery store location. In his complaint, the plaintiff alleged a cause of action for…

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Massachusetts Court Grants Summary Judgment for Store in Parking Lot Slip and Fall Injury Case

In the recent case of Bowers v. P. Wile’s, Inc., the plaintiff alleged that she was injured at a garden store owned by the defendant in the Cape Cod region. According to her complaint, the plaintiff was at the store traversing a pathway in the parking lot that was roughly six…

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Massachusetts Appeals Court Overturns Summary Judgment for Shopkeeper in Trip & Fall Case

In the recent case of Belanger v. Boys in Berries, LLC, the plaintiff was patronizing a farm store owned by one of the defendants and insured by the other defendant when he tripped over a pallet on the store’s floor and fell. The plaintiff alleged in his complaint that he suffered…

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Massachusetts Appeals Court Reverses Summary Judgment for Defense in Black Ice Slip and Fall Case

Massachusetts law allows a business guest, invitee, or visitor to sue a property owner for injuries that he or she sustains as a result of the property owner’s failure to maintain the premises in a reasonably safe condition. Property owners must also make reasonable repairs to their premises while providing visitors…

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Massachusetts Appeals Court Holds Go-Cart Facility Not Entitled to Exemption Under Recreational Use Statute

In Amaral v. Seekonk Grand Prix Corp., a woman suffered injuries while observing her children operate go-carts at the defendant’s go-cart facility in Massachusetts. The injuries occurred when one of the drivers on the course lost control of the go-cart in which he or she was riding, and it crashed through…

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