Slip and Fall Accidents

November 11, 2011

Massachusetts Slip and Fall Lawsuit Against McDonald’s Can Proceed, Says Supreme Judicial Court

A case of fortuitous timing has prompted state’s highest court to allow a woman who broke her foot when she slipped in an icy parking lot at a McDonald’s to proceed with her Massachusetts slip and fall lawsuit. Mercilla Lindor was injured in 2007.

In her Massachusetts injury lawsuit, she complained that the condition of the parking lot was so bad that someone else fell right after she did and medical workers had to ask the restaurant’s employees to salt the ground. A judge would later go on to dismiss her complaint because per state law at the time property owners could not be held accountable accidents resulting from acts of nature. He issued his order on July 22, 2010.

However, because the clerk didn’t record the order on the docket until July 28, 2010, the state’s Supreme Judicial Court has decided that the Massachusetts slip accident complaint can proceed. That’s because a ruling is not considered official in Massachusetts until it is docketed by a clerk, and on July 26, 2010-two days before the decision was docketed-the SJC revised the law on landlord liability by ruling property owners-especially commercial ones-are in fact responsible from protecting guests from nature’s actions.

Boston Slip and Fall Accidents
Boston slip and fall injuries can lead to painful, debilitating injuries. Property owners must make sure that their premises are free from any hazards that could cause serious slip and fall accidents. This includes making sure that the ground is safe enough to walk on when the weather conditions are poor. Other common causes of slip and fall accidents include:

• Debris or liquid left on the floor • Failure to post “slippery when wet” warning signs • Poor lighting • Uneven flooring • A missing step • Unnatural ice accumulation • Black ice on the ground
SJC rules against McDonald’s in slip-and-fall case, Business Journal, November 10, 2011
Massachusetts Law About Snow and Ice, Massachusetts Trial Court Law Libraries
Slip and Fall, Justia

More Blog Posts:
Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits, Boston Injury Lawyer Blog, August 16, 2011
Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney, Boston Injury Lawyer Blog, January 26, 2011
Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010 Continue reading

August 16, 2011

Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits

by Altman & Altman

As our Boston injury lawyers have written in the past, Massachusetts slip and fall accidents can cause serious personal injuries for those involved. Hip fractures, back injuries, spinal injuries, and traumatic brain injuries, and even death can result. It is the responsibility of property owners to make sure that there are no slick, slippery, or wet surfaces/floors on their premises than can cause someone to slip and fall.

Four common types of Boston slip and fall accidents:

• The typical “slip and fall,” which involves someone losing traction, slipping on a surface, and falling.
• The “step and fall,” which involves a person falling into a hole or stepping into another type of defect on the flooring/another type of surface and falling.
• The “stump and fall,” which involves an individual stumbling over an obstruction on the ground and falling.
• The “trip and fall,” which can occur when someone trips over an object and falls.

Slip and fall accidents can occur anywhere. Today, however, our Boston premises liability lawyers today would like to report on a number of recent US slip accidents lawsuits over incidents that occurred in stores.

Last month, a woman filed a slip and fall accident case against Walmart. Jennifer Lombrana says she got hurt last March when she slipped and fell in a puddle of water on the ground close to the girls’ clothing section. In another premises liability lawsuit, Crystal Lewis is suing a Family Dollar store for injuries she says she sustained in 2009 when she slipped and fell on a slippery substance that had been left on the store floor. A third woman, Leslie Douglas, is suing Kroger because she says she slipped and fell on water that left on the ground in the grocery store in 2009. Douglas says that she injured her hand, shoulder, and hip.

Storeowners must make sure that any wet/slippery surfaces are wiped/mopped dry right away. In the event that it will take some time before the floor is no longer wet, employees must post warnings to notify people that the ground is slippery. Even if the area where the wet surface is located isn’t frequented by a lot of traffic, you never know who could end walking through the area. The slip hazard must be removed to decrease the chances of injury.

Kroger blamed for slip and fall, Ultimate Pasadena, August 11, 2011
Family Dollar

Kroger

Related Web Resources:
Slip and Fall, Nolo
Premises Liability Overview, Justia

More Blog Posts:
Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney, Boston Injury Lawyer Blog, January 26, 2011
Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010
Supreme Judicial Court’s Massachusetts Slip and Fall Ruling in Lawsuit Against Target Ruling Dissolves Distinction Between Unnatural and Natural Ice and Snow Accumulations, Boston Injury Lawyer Blog, July 26, 2010 Continue reading

May 19, 2011

Does Taking Diuretics Increase the Risk of Massachusetts Fall Accidents at Boston Nursing Homes?

by Altman & Altman

According to data released at the American Geriatrics Society (AGS) 2011 Annual Scientific Meeting, nursing home patients who start taking a diuretic or that up their dose of this drug are at greater risk of becoming involved in a fall accident. Per the study, the chance of falling was upped by over 2-fold within a day of the new prescription or dosage change.

Dr. Sarah D. Berry, who teaches at Harvard Medical School and the Institute for Aging Research, Hebrew SeniorLife, and her colleagues conducted a study involving 1,181 long-term care residents at the Hebrew Rehabilitation Center. The patients had fallen for the first time at least 15 days that after they were admitted to the Boston nursing home. Patients under 60 were not part of the study.

Diuretics help remove fluids from the body through urination. Some side effects from taking diuretics include dehydration, potassium deficiencies, frequent urination, muscle cramps, severe weakness or tiredness, blurred vision, dizziness, increased perspiration, headaches, severe, ringing in the ears, skin rash, vomiting, electrolyte abnormalities, and unusual bleeding or bruising.

Unfortunately, many sick people and elderly seniors are already at risk of falling. If, in fact, this drug is increasing the chances of a Boston fall accident, then assisted living facilities and physicians must exercise caution as to who to administer the medication to while providing adequate supervision so that residents taking diuretics don’t fall. Failure to provide this type of care or supervision can be grounds for a Boston nursing home neglect case.

Diuretics May Boost Fall Risk in Nursing Home Residents, Medscape, May 17, 2011

Related Web Resources:
Institute for Aging Research, Hebrew Senior Life

Diuretics, Mayo Clinic

More Blog Posts:
Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer, April 28, 2011
Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home, Boston Injury Lawyer Blog, April 21, 2011
Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, March 31, 2011 Continue reading

April 19, 2011

Emerson College Student Dies in Boston Roof Fall

by Altman & Altman

Two days after 21-year-old Justin Amorratanasuchad fell four-stories to his death in a Boston fall accident from the top of a South End apartment building, the city is warning landlords to secure their buildings’ rooftops. The Emerson college student was working on a film project on the roof when he stepped backward, lost his balance, and fell. Police discovered his body at the back of the building at around 10:45 am on Sunday. Amorratanasuchad did not live in the building.

According to investigators, it looks as if someone had tampered with the lock to the roof entrance. Following the Roxbury fall accident, the property managers installed metal plates with dead bolts on the door and are planning more improvements.

The Inspectional Services Department is looking to see whether the building managers committed any violations. For example, if the lock had been broken for a while and no efforts were made to repair it, there could be the issue of unsafe maintenance. CSOH Properties LLC of Boston is the property owner.

Just yesterday, another man suffered serious injuries in a Massachusetts roof fall accident. This one occurred on Beacon Street in Brookline. The 22-year-old Babson College student was watching the Boston Marathon with friends when he fell four stories through the rooftop skylight, striking the stairway railings and other objects as he went down. He is expected to recover from his injuries and could be released as early as today.

The building where the Brookline fall accident happened doesn’t have a roof deck. Police are trying to determine whether anyone should have been allowed on the flat roof.

Boston Premises Liability
Landlords, property owners, business owners, store owners, and other owners of private and public properties must make sure there are no hazards on a premise that could cause or allow injuries or death to occur. Failure to fulfill this duty can result in Boston injury or wrongful death recovery for victims and/or their families.

An experienced Boston injury lawyer can talk to you about your legal options.

‘Genius’ Emerson College filmmaker mourned after fall, Boston Herald, April 19, 2011
City warns landlords to secure rooftops, Boston.com, April 19, 2011
Emerson Film Student Falls To His Death From Roof, WBUR.org, April 18, 2011

Related Web Resources:
Inspectional Services Department, Boston.gov
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2010
Massachusetts Fall Accident: Burlington Deck Collapse Injures Six, Boston Injury Lawyer Blog, September 17, 2010
Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof, Boston Injury Lawyer Blog, July 16, 2010 Continue reading

January 26, 2011

Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney

by Altman & Altman

Our Boston injury lawyers recently posted a blog about how the winter months will surely put the new Massachusetts slip and fall standard to the test. Unlike the previous standard, which required that the victim prove that “unnatural” causes and the landowner’s negligence caused the slip and fall snow hazard, now, a person injured in the slip and fall only has to prove that the landowner was negligent or failed to use reasonable care to remove the ice or snow that became a slip hazard. That is, of course, unless the slip and fall accident occurred on a public sidewalk or street.

What can a property owner do to remove snow or ice that has naturally accumulated? Placing salt or sand on the ice is one way. Shoveling snow off walkways is another. That said, the haphazard clearing snow or ice can also create a slip hazard. It is important that you work with an experienced Boston slip and fall law firm that knows how to handle this type of injury case.

Hopefully, the new standard will make it easier for a victim to obtain Boston slip and fall injury recovery. That said, chances for financial recovery in most Massachusetts personal injury cases are usually greater when you retain the services of lawyers that know how to gather and analyze the evidence for this type of case, as well as prove liability.

According to the Centers for Disease Control and Prevention, about a million people are injured in fall accidents and about 20 thousands others are killed in slip and fall accidents each year. Although a slip or trip accident may sound minor, this is often not the case. The pain, discomfort, and disability that can result can cause physical, emotional, and mental hardship-not to mention the toll that medical and rehabilitation costs and lost wages from time off work can take.

Related Web Resources:
Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010
High court changes rules on slip-and-fall lawsuits, Boston.com, July 26, 2010, July 26, 2010
Slip and Fall, Nolo Continue reading

December 23, 2010

Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC

by Altman & Altman

With weather conditions sure to deposit more snow in the region, property owners will have to work extra hard to make sure that Massachusetts slip and fall accidents do not happen on their premises. While preventing this type of premises liability accident is a challenge every winter, the Supreme Judicial Court recent ruling that overturned Massachusetts’ legal standard for snow and ice cleanup on private property may make it easier for an injured party to hold a negligent owner liable.

Under the previous standard, a Massachusetts slip and fall accident victim claiming injury had to prove that the landowner was negligent and that man-made or “unnatural” causes caused the snow hazard. Now, the injured person only must prove that the landowner was negligent or neglected to use reasonable care to remove the hazardous snow or ice conditions. It doesn’t matter whether nature or a human caused the slip hazard. Public sidewalks and streets, however, are exempt from the ruling.

The SJC ruling involves a Danvers, Massachusetts slip and fall accident. In 2002, plaintiff Emanuel Papadopoulos fell and fractured his pelvis at the Liberty Tree Mall parking lot in front of a Target Corp. store. In addition to revising the “reasonable care” standard, the SJC overturned earlier rulings that favored Target and the snow removal company and returned the case to a lower court for consideration under the now new standard. The Danvers premises liability lawsuit has yet to be resolved.

As our Boston personal injury law firm has said in the past, slip and fall accidents can result in extremely painful injuries. Broken bones, hip injuries, shoulder injuries, back pain, neck injuries, traumatic brain injuries, and death can be among the more serious outcomes.

Storm’s aftermath tests court ruling, Cape Cod Times, December 22, 2010
SJC upends 100 years of slip-and-slide law, Boston Business Journal, July 26, 2010

Related Web Resources:
Slip and Fall Accidents, Boston Injury Lawyer Blog
Massachusetts Supreme Judicial Court

Slip and Fall, Nolo Continue reading

December 15, 2010

Water Main Break in Chelsea Leads to Icy Sidewalks

by Altman & Altman

A water main broke in Chelsea around 2 a.m. on Wednesday, and workers will have to replace 12 feet of pipe. A director of Chelsea’s public works department suggested that the pipe broke because it was old and not because of the cold weather. The weather did, however, create icing conditions on Broadway and Beacon St. sidewalks where the water ran.

Icy sidewalks are a main cause of Massachusetts slip and fall accidents. These kinds of accidents can result in broken bones, head or neck injuries, and other serious and painful injuries. In a city like Chelsea, which offers various assisted living options and a nursing home, it is particularly important to take care that premises are safe because persons older than 75 are six times more likely than younger individuals to die as a result of a slip and fall. Slip and fall deaths don’t affect only the elderly, though. Every year, more than 17,000 people die because of slip and fall accidents.

When a property owner unreasonably fails to remove snow or ice accumulations on his/her premises, a person injured as a result may be entitled to compensation. There is no longer a legal distinction between natural and unnatural accumulations in Massachusetts, and plaintiffs no longer have to prove that the snow or ice was in any kind of abnormal state.

Source: The Boston Globe, Repairs underway to Chelsea water main
Continue reading

September 28, 2010

Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall

by Altman & Altman

According to The Tech, Massachusetts Institute of Technology’s oldest newspaper, the parents of Robert M. Wells have filed a Boston wrongful death lawsuit against MIT and the Delta Upsilon fraternity. Wells, a 22-year-old MIT student, died in 2008 after falling five stories from the DU fraternity and sustaining skull fractures, blunt impact to his head, brain contusions, lacerations, subarachnoid hemorrhage, and other injuries.

Michael and Laura Wells are alleging 26 counts of Suffolk County, Massachusetts wrongful death. They claim that the defendants did not remedy or warn about the condition of Wells’ living quarters, which had a heating system that was hard to control and had just one “unreliable thermostat.” As a result, the DU brothers would open the windows during the winter to regulate the temperature in their bedrooms.

However, per the lawsuit, all of the windows on the upper floor of the fraternity lacked bars, screens, locks, or other safety devices. Wells, a DU brother, fell after opening the window next to his bed.

September 17, 2010

Massachusetts Fall Accident: Burlington Deck Collapse Injures Six

by Altman & Altman

According to a Burlington fire official, six people were injured yesterday afternoon when a deck collapsed at a local home. They had gathered at the residence following a funeral when the deck that they were standing on detached from the residence, falling eight feet.

Four of the injured were taken to hospitals for treatment of cuts, scrapes, and possible broken bones following the Massachusetts fall accident. Two people received treatment at the scene.

A local building inspector is investigating the Burlington, Massachusetts deck collapse. It appears as if the wooden deck rotted away at the section where it connects to the home. Fortunately, no one was standing underneath the deck.

Deck Collapses
Unfortunately, deck collapses are not uncommon. According to the North American Deck and Railing Association, since 2003 thousands of people have been injured and a number of others killed in deck collapse accidents. It is the responsibility of the parties that construct decks to make sure that they are made safely and without defects that could make them a danger to those standing on or under a deck. It is a property owner’s responsibility to make sure that a deck doesn’t pose a Massachusetts premises liability to others. Decks must also be properly maintained to ensure that they stay safe.

Common causes of deck collapses:
• Rotted wood • Corroded hardware • Missing or weak connections • Excessive weight • Poor manufacturing • Failure to meet certain standards of safety
Deck collapses can result in serious injuries for those involved. A person standing on a deck that collapses risks sustaining scrapes, bruises, broken bones, internal injuries, traumatic brain injuries, back injuries, and other injuries. A person standing underneath a collapsing deck may sustain head injuries, crush injuries, or spinal cord injuries. Death is also a possibility in both scenarios.

Several Injured In Deck Collapse, WCVB Boston, September 16, 2010
6 hurt in Burlington deck collapse, Boston Herald, September 16, 2010

Related Web Resources:
North American Deck and Railing Association

Proving Fault in Accidents on Dangerous or Defective Property, Nolo Continue reading

August 25, 2010

Man Suffers Head and Neck Injuries From Fall Down Fenway Park Stairs

by Altman & Altman

A man fell down a staircase at Fenway Park during a game last week between the Boston Red Sox and the Los Angeles Angels of Anaheim. As a result of the fall, the man suffered severe injuries to his head and neck.

The fan fell approximately 14 feet down the staircase located at Gate B at Fenway Park. The man, whose name has not been released by the police, was treated by rescue workers at the scene who removed the injured man from the park on a stretcher. Following the treatment which the fan received at the scene of the accident, he was taken to Beth Israel Deaconess Medical Center for further treatment of the serious injuries he sustained in the fall.

In a brief statement to the press, the Red Sox reported that a fan was injured in a fall and was treated at the scene before being taken to the hospital. The Red Sox did not make any further comments about the incident.
Continue reading