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Premises Liability – What is it and Who is at fault?

Winter is coming, and there will be snow and ice. In fact, if it’s anything like last year, there may be a lot of snow and ice.

Injuries due to snow and ice may be cause for damages in a premises liability case. Premises liability in Massachusetts, however, applies to many types of injuries and accidents, not just those caused by our weather.

The term “premises liability” covers any kind of accident that arises from a condition on a property. This can include snow or ice, an obstruction, defective workmanship, inadequate maintenance, a slippery floor, broken stairs, or any other environment that causes one to fall, slip, or trip. The range of potential conditions covered by premises liability is very wide; because of the numerous conditions potentially covered and the complexity of the law, it is highly advisable to consult an experienced personal injury attorney if you have questions. [Read more…]

Snow and Ice. Slip and Fall

Winter in Massachusetts is a time of snow, ice and even hail. Property owners now have to worry about the potential liability they face from snow and ice, which can cause slip and fall injuries more than ever before. In 2010, the MA Supreme Court basically changed property liability rules to include what is known as “unnatural” accumulation as a hazard.

What is unnatural accumulation?
Property owners always had to worry about clearing sidewalks. This holds true for homeowners, businesses and even municipalities. However, many never think about someone being injured on their property once they have cleared snow-covered areas. With this new rule, Massachusetts defines unnatural accumulation as piles of shoveled snow, snow that has been tamped down by foot traffic and even ice patches that are formed because water was dripping from a gutter or off a roof. There may be other cases where this may apply, but in general, this is what is considered.

Under what is known as “reasonable care” statutes, Boston business owners are allowed up to three hours to clear snow and ice from their storefronts. Residents are allowed up to six hours. Worcester on the other hand is allowed up to 12 hours. [Read more…]

Massachusetts Wrongful Death Lawsuits

Losing a family member is painful and when your family loses a family member because of the action or inaction of another person, the loss is compounded with anger. In addition to losing your loved one, you are facing a life without their companionship and in addition, very real monetary losses. There is no doubt that no amount of money will ever mitigate the loss but the fact remains, you have the legal right in the Commonwealth of Massachusetts per Massachusetts General Laws Chapter 229, Section 2 to file a wrongful death lawsuit.

Filing Wrongful Death Claims
To file wrongful death claim, the personal representative of the decedents estate must work with a personal injury attorney in Massachusetts who understands the statutes that apply to wrongful death. Should the decedent not have a will at the time of their death, the probate court will appoint a person to bring the claim. A successful suit that results in damages awarded will be distributed according to the laws of the Commonwealth of Massachusetts. [Read more…]

Auto Accidents – A Skilled Injury Attorney Will Make The Difference

Car accidents happen all the time, and they oftentimes leave one or both parties with injuries that require medical attention. Medical bills are expensive and it is important that you are not financially ruined because of the fault of another. Consult with an experienced personal injury lawyer to fight for your interests, and make sure you are compensated for your medical bills and suffering.

Personal injury lawyers are especially important when you are in an accident with a commercial truck or other large corporately insured vehicle. The insurance and transportation companies want to settle with you as quickly as possible. Do not sign any papers they put in front of you without consulting an experienced personal injury lawyer even if what they are offering seems like a lot of money. If you waive them of liability by accepting their offer and it turns out you have more extensive medical bills than you thought at the time of signing, you are out of luck; you will have to cover the costs for yourself. [Read more…]

Massachusetts Law Regarding Dog Bites

Dog bites are terrifying when they happen. They are painful and may become a major medical problem for the person bitten. If the bite is serious enough, it may require stitches. Infection is also a problem in this case. Massachusetts law, Part I, Title XX, Chapter 140, Section 155 is specifically written to deal with this personal injury matter.

Is The Dog Owner Always Liable?
Dog bites happen for different reasons and the law takes this into account. If a person is committing trespass or teasing the dog, then the law recognizes this as provocation of the animal. The dog owner will not necessarily be held liable if provocation is a factor. If there is no proven provocation, the responsibility is with the dog owner for the actions of their dog. [Read more…]

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