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Articles Posted in Premises Liability

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Massachusetts Court Denies Summary Judgment in Slip and Fall Case

Fast food restaurants handle a high number of customers per day, and it is not uncommon for there to be debris or spills on their floors. It seems inevitable, then, that people would be injured in slip and fall accidents in their establishments. In many instances, a person injured in…

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Massachusetts Court Discusses Claims Against Negligent Employers

Generally, people who are injured at work are barred from pursuing claims against their employer by state workers’ compensation laws. There are some exceptions, though, that will allow parties to file lawsuits alleging their employers negligently caused them to suffer harm and should be held accountable for their losses, such…

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Massachusetts Court Discusses Insurer’s Liability for Injuries on Insured Properties

Property owners generally have a duty to protect people that lawfully enter their buildings from encountering dangerous conditions. If they fail to do so, and people suffer harm as a result, they can be held liable for damages in a civil lawsuit. The duty to protect business invitees from harm…

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Massachusetts Court Discusses Proving Premises Liability Claims

Businesses operated by agents of the federal government are subject to many of the same duties as non-public corporations. For example, if a person suffers harm due to a slip and fall accident at a government facility, the person can pursue premises liability claims against the federal government. In a…

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Massachusetts Court Rules Property Owners Have No Duty to Maintain Public Sidewalks

Under Massachusetts law, when a person dies in an accident, the person’s estate will often seek damages from the parties that may have caused the events leading up to the person’s death. Simply because an accident occurred does not necessarily mean that a party will be deemed liable, however. This…

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Massachusetts Court Discusses a Landlord’s Liability for Failing to Remove Snow and Ice

In Massachusetts, landlords generally owe a duty of care to their tenants to maintain their rental property in a reasonably safe condition, which includes ensuring that snow and ice are cleared from any common area. If a landlord fails to properly clear snow and ice from a property, and a…

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Court Discusses Proof of Causation in Massachusetts Negligence Cases

When a person suffers harm on someone else’s property, he or she may be able to pursue damages via a negligence claim in a civil lawsuit. A plaintiff asserting a negligence claim must establish each element of negligence, though, otherwise, the claim may be dismissed. This was demonstrated in a…

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Massachusetts Court Discusses Admissibility of Expert Testimony in a Slip and Fall Case

Slip and fall accidents are one of the most common causes of personal injuries in Massachusetts. While in many instances, the condition that caused a fall is obvious, in others, it is not clear whether a condition contributed to a fall. Thus, in some cases, a person injured in a…

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Massachusetts Court Discusses Elements of a Negligence Claim Against a Store Owner

Generally, when a customer is injured while shopping at a business, it is due to a dangerous condition. Although a customer injured by a dangerous condition at a business can pursue damages from the business, in most cases, the business will only be deemed liable if it knew or should…

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Massachusetts Court Discusses When Jurisdiction Over Out-of-State Companies Is Proper

In many instances in which a Massachusetts resident suffers harm due to the negligence of a company, the company’s principal place of business is located in another state. As such, if the person files a lawsuit against the company in a Massachusetts court, an issue will arise as to whether…

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