Premises Liability

July 29, 2015

Victim of of Parking Garage Rape Speaks Out

A rape survivor is speaking out against the hotel owners and garage owners she feels are partly responsible for the attack she suffered in a Radisson hotel parking garage over six years ago. Kira Wahlstrom, a survivor and a mother, spoke to reporter Karen Anderson from Channel 5 News as well as a Suffolk Superior Court jury about the brutal rape. Kira Wahlstrom is angry about what happened to her, and her anger is only fueled further by the fact that another woman was raped by the same man in the same parking garage just 12 days before her own attack took place.

Kira Wahlstrom has said that she believes former hotel owners and owners of the garage should have provided information about the rape of one of the hotel’s employees to people who had access to both the hotel and the parking garage. Wahlstrom feels as though her rape could have prevented if she were provided with the knowledge of the hotel employee’s rape in advance. She has said in an interview that “The woman that worked there was raped 12 days before by the same man and they didn’t do anything not only to not protect me that was a paying customer but their own employee.”

She went on to say that she feels as though the management company for the parking garage should have also provided additional security to those accessing the area in order to prevent any further attacks from taking place. She recalled the exact events that led up to her traumatizing rape, and has stated to a jury that she still thinks about what happened to her every single day. Continue reading

July 29, 2015

Are Boston Bar Owners Liable For Over-Serving Patrons?

by Altman & Altman

If you are injured by someone whose intoxication is a result of being over-served at a bar, restaurant, or nightclub, you can hold the establishment civilly liable in the state of Massachusetts. This is known as a “dram shop claim,” and it can also apply to social hosts who serve alcohol at a party or other event.

Massachusetts prohibits all alcohol vendors from selling or serving alcohol to a visibly intoxicated person. Doing so can make the vendor liable for negligence. However, the injured person must show that the vendor continued serving alcohol to the visibly intoxicated individual. For example, if the person sitting next to you is still ordering drinks even though his speech is slurred, you can file a personal injury claim if you’re injured when he falls from his barstool and knocks you over. You can also file a dram shop claim against the bar.

Social Hosts

Bar owners and servers are supposed to be professionally trained to detect when a patron is visibly intoxicated. But what about social hosts? If you are injured when an intoxicated guest leaves your neighbor’s birthday party, can you hold your neighbor liable? The short answer is “no.” With very few exceptions, the only way a social host can be held liable for serving alcohol is if he or she serves minors under the age of 21.

July 16, 2015

Boston’s Greatest Bar Allowed to Reopen Following City Inspection

by Altman & Altman

A popular bar near Boston’s TD Garden was allowed to reopen following an inspection by city officials last week.

The Greatest Bar, located on Friend Street, was investigated by Boston police officers and the chief of the Problem Properties Task Force on Thursday night during a raid of its premises for a series of reported violations.

According to WCVB, the owners of The Greatest Bar were issued 16 violations stemming from 30 different incidents reported between 2013 and 2015. The incidents ranged from everything from assaults and fights and patrons being injured, to patrons being overserved, WCVB reports. The owners were ordered to meet with city officials by Friday morning or risk having the bar shut down permanently.

In a statement made to the media, Greatest Bar co-owner Julie Fairweather said, “We are pleased to have been able to work with city officials today to address their concerns,” co-owner Julie Fairweather said in a statement. “We will be ready to work with the city again tomorrow – and moving forward from this point on – to continue making progress in addressing any concerns that they might have.”

“In August of last year, we started reaching out to the property owner, and have had no response since then,” Smith said. “There have been a number of police violations and police presence (has) showed up here. So it boiled up to the point where we felt that we needed to make some sort of action to go into the establishment and say, ‘This is not OK,'” Jerome Smith, chair of the Problem Property Task Force said. Smith went on record to say that The Great Bar is “the worst offender among Boston’s problem businesses.”

According to WCVB, the commissioner of inspectional services, William Christopher, authorities found some violations on Thursday, including problems with egress. The bar has reportedly had problems with overcrowding in the past, but when the task force arrived, there was no issue.

“We take this very seriously. That this is not just a list of places that we think are in trouble,” Christopher said in a statement to WCVB. “These are places where we are going to be very proactive about. We’re going to go out and visit them. We’re going to make sure they adhere to the rules and regulations and offer a safe establishment for people to enjoy.”

May 29, 2015

Framingham, MA Window Fall Lands 7-Year-Old in the Hospital

by Altman & Altman

A 7-year-old boy was injured in Framingham on Friday when he fell out of the third floor window at a condo complex. (Some media reports are saying the window was on the second floor.) The Massachusetts fall accident happened after the window screen popped out.

The boy fell some twenty feet to land on the pavement. He was flown by medical helicopter to a Boston hospital.

According to police, the child sustained serious facial, leg, and head injuries. Both parents were home at the time of the Framingham, MA window fall accident.

May 15, 2015

Peabody Man’s Family Awarded $400K in Massachusetts Slip and Fall Case Against Target

by Altman & Altman

The daughters of a man who sustained injuries in a Danvers, MA slip and fall accident in a Target parking lot will be getting $400,000 in personal injury compensation. Emanuel Papadopoulos was walking back to his car in 2002 when he fell on a patch of dirty ice in the parking lot and broke his hip.

He and his wife filed a Massachusetts premises liability case gainst Target and Weiss Landscaping Company, Incorporated. The latter was hired to get rid of the ice and snow in the lot. Their complaint was dismissed because of the then existing standard, which did not hold property owners liable for injuries involving ice and snow that had naturally accumulated.

It was this case that led to a change in the legal standard for proving negligence in Massachusetts slip and fall incidents where ice and snow are involved. In 2010 the Supreme Judicial Court went on to establish a new standard to hold premise owner accountable about clearing up such accumulations.

April 10, 2015

Man Dies in Massachusetts Falling Tree Accident

by Altman & Altman

A man was killed in Holbrook, MA yesterday while trying to help friends cut down a tree. Daniel Irwin’s friends had been hired to do the job at a local address.

According to police, when Irwin arrived at the scene he appeared intoxicated and his friends tried to get him to leave but he refused. One witness said that Irwin was fatally injured when he walked into a path of the tree as it was falling. He was later pronounced dead.

April 7, 2015

Carbon Monoxide Poisoning Cited in Deaths of Father, His Seven Children

by Altman & Altman

Rodney Todd and his seven kids died yesterday from what police say appears to be an incident of carbon monoxide poisoning. Todd, 36, purchased a generator after the power was shut off to their residence for lack of payment. The names and ages of the children: Tybria, 6, Zycheim, 7, Tyania, 9, Tybree, 10, Tykira, 12, Cameron, 13, and Tynijuiza, 15.

Police discovered the bodies of Todd and his kids after a co-worker reported not having seen him for a number of days. The generator is the suspected source of the carbon monoxide leak. A family member said that Todd bought the generator to keep the family warm.

The Delmarva Power Company was subpoenaed to confirm exactly when the power was cut. Unless an affidavit has been submitted to the Public Service Commission, Maryland law does not allow utility companies to shut off electric service because of lack for payment from November 1 through March 31. According to the company, it cut the power at the family’s home on March 25 not because of unpaid bills but because a stolen electric meter was being used at the residence.

March 30, 2015

Massachusetts Mother Arrested for Hosting Underage Drinking Party: A Reminder to Parents About Social Host Liability Law

by Altman & Altman

A North Andover woman was arrested this weekend for hosting an underage drinking party. According to police, the woman, whose children were also both in attendance, charged teens an attendance fee.

Police officers had received reports of an underage drinking party at the Woodcrest Drive residence Friday night. There were reportedly more than 50 teenagers at the party. The woman also provided alcohol to the teens.

With prom season just around the corner and graduation coming shortly thereafter, we’d like to send a reminder to all parents with teenagers about social host liability law.

What is Massachusetts Social Host Liability Law? Under Massachusetts’ law, a social host is considered anyone who provides alcohol to a guest as an act of hospitality or allows a guest to consume an alcoholic beverage on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls.

In accordance with this law, a social host assumes responsibility for all injuries caused by or sustained by a guest as the result of consuming alcohol. Injuries most often result from some sort of accident, namely drunken driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and ends up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well. Continue reading

February 26, 2015

Teen Dies in Attleboro, MA Drowning Accident at Apartment Complex Swimming Pool

by Altman & Altman

A 17-year-old has died in an Attleboro, MA swimming accident. Ibrahim Iqbal was doing laps at the Crystal Village Apartments indoor pool on Wednesday when he failed to come up for air after swimming to the bottom.

A cousin who was with him called for help and a resident and a building manager pulled the teenager out of the water. Emergency responders took Iqbal to the hospital where he was pronounced dead. The medical examiner is expected to conduct an autopsy.

Depending on what caused the drowning death, Iqbal’s family may have grounds for pursuing a Massachusetts drowning accident lawsuit. Potential liable parties may include the apartment complex, which could lead to an Attleboro premises liability case or, if there was a defect in the pool, then possibly a products liability lawsuit against a manufacturer.

February 19, 2015

Massachusetts Roofs Collapse in Wake of Ice, Snow, Storms

by Altman & Altman

With inches of snow and rain falling onto areas of Massachusetts, ice and snow may be accumulating on roofs, adding unnecessary weight that these structures may not be able to handle. Already, some eight feet of snow has started stacking up on roofs since last month.

According to The Massachusetts Emergency Management Agency, there have already been reports of more than 106 roof collapses, partial collapses, and other big structural problems-not to mention there have likely been incidents that were not reported.

With repeat snowstorms, snow on rooftops can turn into ice, adding eight times more weight. Roof collapses seem to be impacting flat-roofed buildings the most. Already, commercial buildings, schools, homes, and garages have sustained damage.