Massachusetts Legal Blog
Winter is steadily encroaching on Boston, and with it comes the looming dangers of thunderstorms and snowfall. While our weather can be unpredictable, pedestrians always have the threat of suffering serious falls due to icy walkways, wet floors, and snow-covered sidewalks. Many people may attribute these injuries to clumsiness or inattentiveness, but property owners still hold a significant amount of liability for winter slip-and-falls, especially in their own buildings.
Injuries caused by negligent property owners can often lead to a premise’s liability claim, which allows the victim to recover compensation for the damages they have suffered. A viable case requires proving that the property owner knew about a safety hazard, failed to fix it, and that hazard caused injury to the victim. This may involve a large amount of evidence, demonstrations of damages through costly medical bills, and a series of complex negotiations between lawyers. However, some cases must also contend with the ferae naturae doctrine, which can complicate matters further.
The city of Boston maintains a clear distinction between who is legally responsible for private and public streets and sidewalks, and this distinction is critical when filing a claim for injuries in a slip and fall accident. When you file a claim or lawsuit to recover damages, you are asserting three basic facts:
Summer is firmly here, and that means more fun outdoor activities like barbecues, hiking, and taking a dip in the pool. Although they are a great way to take advantage of the warm summer months, swimming pools can be a danger if proper safety measures are not taken. Here at DiBella Law Offices, P.C., we have seen how poor pool-safety practices have led to many premises liability issues and resulted in legal action. Read the rest »
In mid-November, Boston’s local CBS affiliate announced Bostonians should expect a “snowier and colder than average” winter this year. It’s estimated we’ll receive at least 65 inches of snow at Logan Airport, and that number may substantially rise depending on the El Niño factor.
Knowing that we’re in for a cold and wet winter, it’s important to remember sidewalks, steps, and footpaths will require extra care and attention from property owners to prevent sidewalk slip-and-fall injuries. Read the rest »
Thousands of people in Massachusetts ride elevators during their workday, never thinking they could be injured or killed. Everyone, from construction workers to office workers, enters the elevator car assuming that it will be an uneventful ride. But all mechanical devices can fail. And if an elevator fails or malfunctions, there is a good chance that the occupant will be injured. Read the rest »
With over 37,000 seats, Fenway Park is packed to capacity for just about every Red Sox game. While fans typically leave these games with hoarse throats and great memories, they can also leave with injuries. One fan found that out recently, after being struck by a flyaway baseball bat.
Now that the Red Sox are facing the L.A. Dodgers in the World Series, conditions are going to get crowded! Read the rest »
From Fenway Park to Boston Garden to Gillette Stadium, there’s no doubt that Massachusetts has some of the best sports stadiums in the country. But while most of the time you go to see an exciting match-up between two teams and make a lot of great memories, sometimes going to catch a game can be dangerous. So what happens when a spectator is hurt while on the stadium premises? Read the rest »
The Farmers’ Almanac is predicting that 2018 is going to be a very snowy year in Massachusetts. While that may be great news for snowboarders and snowmen-builders, it could be treacherous for residents just trying to get through it to run errands or visit a friend.
So what responsibilities do property owners have when it comes to clearing ice and snow from their properties? And how can residents keep themselves, and others, safe? Read the rest »
A 21-year-old man from Ghent, N.Y., was hiking with his girlfriend when he slipped on a rock and was sent falling to his death below a waterfall at Bash Bish Falls in Mount Washington. Days later, his body was located through the use of an underwater camera; however, Berkshire District Attorney David Capeless initially determined that the body was unrecoverable based on the location. After several days, the body ultimately was retrieved from a crevice beneath the water.
Bash Bish Falls is home to the highest waterfall in the state. It is located next to Mount Washington State Forest, which is in the southwest corner of Massachusetts. When things go very wrong in a park or lake, is someone legally responsible? Read the rest »
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