Premises Liability

April 20, 2018

Here’s Why Slip-and-Fall Accident Happen

Numerous people across the state will visit the emergency room annually for help due to slip-and-fall accidents. Some injuries will not be serious and after some quick treatment they’ll be on their way will not result in a hospital stay. However, other injuries can be severe such as fractures, breaks or even a fatality. Hundreds of slip-and-fall accidents can take a financial toll on the victim and his or her family. The most common reasons for this accident are the condition of surfaces and the lack of job training at the businesses.

Slip-and-fall accidents happen when the walking surfaces are left in an unsafe condition, like with water or other liquids. This is because of failure to maintain the surface, like removing the hazard timely. The surface can also be unsafe due to the weather, such as tracked-in snow. Even an attempt to do the right thing, like keep floors clean, can result in an accident. When signs are not posted to notify guests that the floor is slippery a dangerous accident can occur.

A walking surface that is not level is also cause for concern. Carpeting that is fraying or cracks and potholes can cause a slip-and-fall accident. The law mandates that property owners keep their land safe for guests who are invited onto the property. This means clearing any potential dangers.

April 19, 2018

Drinking Wells Safe to Drink From, Near Truck Accident, Gasoline Spill Caused by Springfield Man (Update)

by Jeffrey S. Glassman

Drinking wells, near the April 9 oil spill around I-91 of North Thompsonville, in Enfield are safe for drinking, according to health inspectors.

They were evaluated after a fuel tanker collided, rolled over and dumped over 2,500 gallons of gasoline on the southbound Exit 49 ramp of I-91 of the Massachusetts state line.

A government spokesperson stated that the wells had been safe since April 13 The spokesperson also revealed that a private agency — ATC — is keeping on eye on the drinking water as well. ATC is filing reports with the state Department of Energy and Environmental Protection.

According to Massachusetts law enforcement, the collision occurred after 1 p.m. on April 9. The driver of the truck was Jonathan Andrew Edwards, 32, of West Springfield, Massachusetts. He did not to clear the ramp’s bend. The truck rolled, ending up on the right shoulder.

April 19, 2018

SUV Crashes into Brockton Gas Station, Cars, Causing Injury

by Jeffrey S. Glassman

A terrifying car collision at a gas station in Brockton put one individual in the hospital with injuries.

The cameras inside the Gas Depot station recorded the full accident. In the video, a dark car is seen entering the station when a black Sport Utility Vehicles speeds in, rams into a couple of gas pumps and stops on the top of the dark car.

The accident, occurred at approximately 10 a.m. today and did not result in more casualties.

Brockton Fire officials who arrived on scene report that a third vehicle was also smashed into on Main Street in connection to this accident. Only the three individuals were involved.

Fortunately, not one of the gas tanks ignited and no one was run over. Law enforcement will begin an inquiry into the reason for the accident.

April 19, 2018

UMass Student Scott Erlandson Dies in Unknown Accident

by Jeffrey S. Glassman

Freshman Scott Erlandson, a student at UMass Amherst, has died in an unknown accident.

Representative of UMass Amherst released the news today. Erlandson is the third student fatality this semester. Another student, Caleb Martin, passed away in a car collision.

School officials refuse to release the details or circumstances surrounding his death.

Students and staff are advised to utilize therapy services being offered by the school.

April 19, 2018

Wilbraham House Fire Under Investigation

by Jeffrey S. Glassman

Yesterday, early evening, a fire broke out at a house on Three Rivers Road in Wilbraham.

The investigation into the cause continues today.

An elderly occupant and toddler were able to flee the house fire.

Firefighters had to shut down Three Rivers Road, starting with Circle Drive down to Boston Road.

April 17, 2018

Woburn Child Dies in Family Pool

by Jeffrey S. Glassman

This evening, a 3-year-old Woburn boy was submerged underwater in a swimming pool and lost his life. Woburn law enforcement officials were dispatched to the boy’s home on Marlbourough Road close to 5:00 p.m. in response to a 911 report about a child that could not be located.

When the officers arrived at the home, they learned the boy had been missing for over an hour. When the police entered the property, the boy’s body was located in the swimming pool behind the house. There was nothing on top of the pool, and it contained foliage but was not full to the top with water.

The toddler was not conscious when retrieved from the pool. He was immediately transported to Burlington’s Lahey Hospital where he was officially declared dead at 9 p.m due to drowning.

According to the Massachusetts State Police and Middlesex District Attorney’s Office, the boy was likely in the pool for quite some time. Due to the toddler’s age, his identity will remain private. There is an ongoing investigation.

April 16, 2018

Springfield Home Crushed as Tree Topples Over

by Jeffrey S. Glassman

Residents of a Forest Park neighborhood in Springfield woke up Monday morning to a fallen tree. The tree smashed into a 1993 Honda Civic, a house at 23 Vermont Street, and took down city wires. The house on Vermont Street will be reviewed by inspectors of the Department of Code Enforcement for habitability.

Falling Tree Accidents

Falling tree accidents cause hundreds of fatalities each year in this country, and far more than that in injuries. Injuries suffered from a falling tree can result in litigation against the property owner in certain situations. The owner of the tree or land on which the tree stood, had a duty to maintain the land and tree in a safe condition. A victim of a falling tree can sue a landowner if it can be shown that the victim was welcomed on the property by the landowner and if the landowner had reason to believe that harm was possible from its tree falling.

April 13, 2018

Injuries Reported at Cape Cod Mall Car Crash

by Jeffrey S. Glassman

On Friday, Hyannis, Barnstable, and Yarmouth ambulances were dispatched to a car accident scene outside of the Cape Cod Mall on Iyannough Road. Emergency calls related that several individuals suffered harm.

The Barnstable Police are reviewing the situation.

February 5, 2018

Assumption of Risk is Not a Defense in Boston Personal Injury Cases

by Jeffrey S. Glassman

Assumption of Risk as a Defense in Boston Personal Injury Cases Has Been Abolished

In some jurisdictions, a defendant in a personal injury case can plead what is known as an affirmative defense such as assumption of risk. Generally speaking, an affirmative defense is a defense, which does not involve denying much of the allegations. Instead, a defendant will plead plaintiff knew of the risks when engaging in a certain activity or course of conduct, with full knowledge of the consequences, and chose to disregard or “assume” those risks. By assuming the risks, plaintiff should not be able to fault defendant for engaging in any negligence so it should serve as a complete bar to recovery.

Massachusetts is a Mixed Comparative Negligence Jurisdiction

Assumption of risk generally developed into what is known as a pure contributory negligence jurisdiction. This means that if plaintiff contributed to the accident in anyway by being negligent in is or her own right, it would serve as a complete bar to recovery. This could be as simple as a plaintiff walking down aisle in a big box retailer and slips on a wet floor while there was a caution wet sign. In these jurisdictions, it could be argued plaintiff assumed the risk by walking on the floor anyway so the case should be dismissed. This may seem like a harsh result, but it is still the law in a handful of states and the District of Columbia. Continue reading

December 2, 2017

Litigating Premises Liability Cases

by Jeffrey S. Glassman

When a plaintiff is on someone else’s property and is injured as a result of some dangerous condition on the property, the type of legal action likely to be filed is known as a premises liability case. A Boston premises liability cases is plead under a theory of negligence and alleges that the defendant did not maintain the property in such as condition so as to make it reasonably safe for lawful entrants onto the land.

Standard of Care in Boston Premises Liability Cases

In Massachusetts, the law regarding the duty of due care owed to lawful occupants on the property was drastically altered as compared to what it was and still is in many other states in a 1973 cases captioned Wilbur M. Mounsey v. P. Ellard & Another (363 Mass. 693). Prior to this case, the law required a distinction between invitees and licensees when determining if the landowner owed a duty of due care to maintain the property in a safe condition and warn lawful occupants of known, yet hidden, dangers. Continue reading