Trip and fall

Court Discusses Establishing Liability for a Slip and Fall Accident in Massachusetts

September 10, 2021 | by John S. Moffa

People who suffer the loss of a loved one often expect they will have to contend with many things, such as economic losses, grief, and other strong emotions. They rarely anticipate that they will suffer harm during the process of saying goodbye to their loved ones, however. Harmful accidents can occur in a graveyard, though, and if they are caused by negligence, the party that owns the cemetery may be held accountable. Proving liability is not always an easy task, though. Recently, a Massachusetts court explained what evidence a person injured in a trip and fall accident must produce to recover damages in a case arising out of a fall in a cemetery. If you were hurt in a fall, it is in your best interest to speak to a seasoned Massachusetts personal injury attorney to discuss your potential claims.

The Plaintiff’s Injuries

Reportedly, the plaintiff attended a funeral service at the defendant’s cemetery. After the service was over, he began to walk over gravestones towards his car. When he was walking, he encountered a soft area, and his foot sunk into the ground, creating a hole that caused him to fall and sustain injuries to his leg and ankle. He subsequently filed a personal injury lawsuit against the defendant, alleging its negligent maintenance of the property caused the dangerous condition that led to his harm. The defendant moved for summary judgment, arguing the plaintiff failed to prove the elements of negligence. The court agreed and dismissed the plaintiff’s claims.

Establishing Liability for a Slip and Fall Accident

Under Massachusetts law, property owners may be held liable for harm suffered by people who legally enter their premises, but only under certain circumstances. Specifically, an injured party must show that the owner knew or should have known that a dangerous condition that posed a risk of harm to invitees existed and that the invitees would not discover the condition or realize the danger and take the actions needed to protect themselves.
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Massachusetts Appellate Court Affirms Defense Verdict in Premises Liability Trip and Fall Case

January 10, 2017 | by John S. Moffa

In the recent case of Peters v. Shaw’s Supermarkets, Inc., the plaintiff was a deliveryman who alleged that he suffered severe injuries when he tripped on a pothole and fell while making a delivery at the defendant’s grocery store location. In his complaint, the plaintiff alleged a cause of action for negligence, asserting a premises liability theory. According to Massachusetts law, property owners have a duty to keep their property in good repair and to fix any known dangerous conditions in a reasonable manner. If the landowner is not able to repair the condition, he or she must take steps to warn guests about the potential danger.

At the close of trial on the matter, the jury returned a verdict in favor of the defendant. The plaintiff appealed, contending that the trial court erred when it provided five specific jury instructions before the jury began its deliberations.

On appeal to the Commonwealth of Massachusetts Appeals Court, the court first noted that during the trial court’s instruction regarding the property owner’s duty to the deliveryman and regarding whether the condition on which he allegedly tripped was open and obvious, the trial court erred. The instruction provided that “a person in control of the premises is not required to supply a place of maximum safety, but only one which would be safe to a person who exercises such care as the circumstances would reasonably indicate.” According to the court, the instruction conflated the jury’s requirement to consider the landowner’s duty to the deliveryman with its consideration of whether the plaintiff acted in a contributorily negligent manner.

Massachusetts Court Grants Summary Judgment for Store in Parking Lot Slip and Fall Injury Case

December 12, 2016 | by John S. Moffa

In the recent case of Bowers v. P. Wile’s, Inc., the plaintiff alleged that she was injured at a garden store owned by the defendant in the Cape Cod region. According to her complaint, the plaintiff was at the store traversing a pathway in the parking lot that was roughly six feet wide. Although the pathway was paved, the areas adjacent to the pathway were covered with gravel stones. In the rock and masonry industries, the types of rocks that were used are referred to as river stones. The store also often displayed merchandise along this pathway in close proximity to the stones.

The plaintiff stated that she tripped on one of these stones while walking across the pathway and that it caused her to fall. According to her testimony, she did not see the river stone before she stepped on it. Other testimony offered at trial suggested that the store had maintained this pathway with adjacent gravel areas for over 10 years and that the store operator had not been notified of any other trip and fall accidents involving the stones on the pathway.

Despite this, the store did have some notice that from time to time the river stones would become dislodged from the areas adjacent to the pathway and wind up on its surface. One of the responsibilities for store employees was to inspect the path to ensure that it was free of any stones.

Massachusetts Appeals Court Overturns Summary Judgment for Shopkeeper in Trip & Fall Case

November 16, 2016 | by John S. Moffa

In the recent case of Belanger v. Boys in Berries, LLC, the plaintiff was patronizing a farm store owned by one of the defendants and insured by the other defendant when he tripped over a pallet on the store’s floor and fell. The plaintiff alleged in his complaint that he suffered injuries to his shoulder and hip, including painful fractures

All property owners, including shopkeepers, have a duty to keep their premises in safe, good working condition, to repair any dangerous or unsafe conditions, and to provide warnings to consumers about any known dangerous conditions that the shopkeeper has not fixed or is not able to fix. When it comes to stores that sell food, spilled food and slippery surfaces are a common issue. While there are a variety of general requirements that apply to food store owners, the level of maintenance, upkeep, and warnings that the shopkeeper must maintain is determined according to a reasonableness standard.

The defendants moved for summary judgment, which is a motion that asks a court to make a conclusive ruling on a case. In a motion for summary judgment, the moving party contends that there are no issues of material fact requiring a jury’s determination and that the court can decide the parties’ dispute as a matter of law. The trial court granted the defendant’s motion for summary judgment, and the plaintiff appealed.