Articles Posted in Slip and Fall Accidents

The Supreme Judicial Court has thrown out a 125-year old ruling that allows there to be a distinction between snow and ice conditions caused by nature and those that accumulate artificially. In a unanimous Massachusetts slip and fall ruling, the state’s high court said that effective immediately (and retroactively to pending lawsuits) it will no longer be reasonable for a property owner to allow ice or snow to accumulate on a walkway even if either got there by natural means.

The court’s decision comes in the Massachusetts slip and fall lawsuit filed by Emanuel Papadopoulos against Target and Weiss Landscaping, the snowplow company it hired to clear snow and ice from in Liberty Tree Mall. Papadopoulos was involved in the Danvers slip and fall accident in 2002 when he slipped on snow that had turned into ice in the parking area.

While lower courts had ruled in favor of the defendants as a result of the distinction between “artificial” and “natural” ice, which holds that property owners are not violating their duty of care when they don’t remove natural accumulations of ice and snow, the Supreme Judicial Court’s ruling now paves the way for Papadopoulos’s Massachusetts slip and fall lawsuit to go back to a lower court for reconsideration.

Massachusetts fall accidents from elevated heights can lead to broken bones, spinal cord injuries, traumatic brain injuries, and even death. This is why it is so important that property owners, premise supervisors, and other responsible parties make sure that there are no hazardous conditions or situations that can lead to catastrophic falls.

On May 2, Devon Burgess, a former wrestler and all-star lineman for Nauset Regional High School, died when he was injured during a Cambridge fall accident. The 26-year-old was attending a party at an apartment building when he fell off the edge of the flat rooftop.

There was no railing around the sides of the roof. Burgess’s girlfriend says that on the night of the party, a lantern was hung from a tree branch to illuminate the roof edge but that the light may have gone out. She says that Burgess found the branch, which gave way, and that was when he fell. He was killed instantly.

Also that day, Watertown resident Chris Civali, 27, died when he fell from the sliding door located on either the second floor or the third floor of a building. He suffered fatal head injuries. There was no stairwell or balcony on the other side of the door.

Fall Accidents
Unfortunately, fall accidents from elevated heights are not uncommon. If you read the news daily, you will likely see an article about someone who was recently hurt or killed when he/she fell off a building, crane, ladder, staircase, or through a window. This is why it is important that premise owners make sure that the proper safety measures are in place to minimize the chances that a fall accident will happen. Even slip and fall accidents, which usually occur at ground level, can lead to painful, debilitating, and catastrophic injuries.

Former Nauset all-star dies in fall, Cape Cod Online, May 4, 2010 http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20100504/NEWS/5040330/-1/NEWS01
Brookline Police: 27-year-old man dies after fall, Wicked Local, May 3, 2010

Related Web Resource:
Premises Liability Overview, Justia Continue reading

Snow and ice on the ground are not only a danger to motorists, who must drive even more carefully to prevent their vehicles from slipping and sliding so they do not become involved in a Massachusetts motor vehicle crash, but also the ice and slush can prove a danger to people walking on sidewalks, driveways, in parking lots or on wet store floors. This it is why it is so important for cities, business owners, homeowners, and other property owners to clear ice and snow from their premises.

If a Boston slip and fall accident happens, not only is there a possibility that the victim can get seriously hurt-broken bones, hip injuries, back injuries, spinal cord injuries, neck injuries, joint injuries, and traumatic brain injuries are not uncommon-but the premise owner may find that he/she has become a defendant in a Massachusetts slip and fall lawsuit. Granted, Massachusetts landowners are not obligated to clear snow or ice that naturally accumulates on their property. However, if a defect exists that, along with the snow or ice, contributed to causing the Boston premises liability accident, the injury victim may have grounds to sue.

Slip and Fall Accidents
Property owners are not supposed to allow any hazard to remain on their property that can cause slip and fall, trip and fall, or step and fall accidents. Other offending fall accident dangers include spilled liquids or foods, floors that have been just mopped with water/cleaning liquid but have yet to dry, stairwells that lack handrails, uneven surfaces, exposed cables or power cords, item that are left on the ground, cracks on the floor, torn carpeting, loose floorboards, and inadequately lit stairwells.

A slip and fall hazard is a premises liability. If you were injured because a property owner was negligent, you have three years to file a Boston slip and fall lawsuit against the liable party.

Massachusetts slip and fall accidents can take place anywhere. It is important that you get medical help as soon as possible and that you or someone else takes photographs of the accident site while the evidence is still intact.

Snow and ice removal a matter of safety and liability, The Sun Chronicle, February 10, 2010
Related Web Resources:
Slip and Fall Accidents: Proving Fault, Nolo
Tips to reduce slipping and falling in icy and snowy conditions, Dhhs.Mo.gov Continue reading

In Massachusetts, a former Breed Middle School student is suing the city of Lynn for personal injury. Ralph Ozual’s slip and fall lawsuit, filed in Salem Superior Court, is seeking $100,000 in damages.

Ozual’s complaint contends that on January 14, 2002, he sustained serious personal injuries when he slipped an fell on ice and snow in the Breed Middle School yard while walking from the bus to the school entrance. As a result of the Massachusetts slip and fall accident, Ozual says he sustained permanent injuries, including traumatic injuries to his right ankle and growth plate.

The plaintiff, who was a minor at the time, says that he continues to require costly medical attention and treatment for his injuries. His Essex County slip and fall complaint claims the city of Lynn acted carelessly and negligently and was in breech of a warranty agreement when it allowed such a dangerous condition to exist on the school’s premise.

Orit Greenberg, an audience member at a taping of the “Oprah Winfrey Show” on December 5, 2006, is suing Harpo Studios for personal injury.

Greenberg says that she suffered serious and permanent injuries when she fell down a flight of stairs during a mad rush by audience members to secure the best seats.

Greenberg is asking for $50,000 in damages. She says that Harpo Studios neglected to control audience members, who were told that they could sit wherever they wanted. The patrons, who had been in a waiting area, “rushed the gate” and pushed and shoved inro each other as they entered the studio.

In Massachusetts, Middlesex Superior Court Judge Paul Chernoff is suing the state of Massachusetts and Norfolk County for the injuries he sustained when he slipped and fell on the steps of the Norfolk County Courthouse in Lowell in 2004. The commonwealth of Massachusetts, the Norfolk County Commission, and the Division of Capital Asset Management were named as the parties held liable for not making sure that the building was maintained properly.

In his lawsuit, Chernoff alleges that his slip and fall accident occurred because the county and the state did not repair the cracks in the steps of the court building or add handrails. As a result of the unsafe conditions, Chernoff says that he slipped and broke his left kneecap. Since Chernoff’s accident, new handrails have been added to the staircase.

Slip and Fall Accidents