Scroll down to browse through all our articles about premises liability claims, including slip-fall accidents, falling merchandise, dog bites, and other injuries caused by property owner negligence.
According to the National Floor Safety Institute, 40 percent of falls in the United States are from an elevated area, such as a staircase. Falls account for nearly eight million hospital emergency room visits each year and are one of the leading causes of missed days from work. Consider this:
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Greater Boston Area Bar Injury Nightclubs and bars are supposed to be places where people can gather and have a good time. However, the chances of a fight breaking out dramatically increase when you take a large group of people and add large amounts of liquor. Alcohol is a great
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Pressurized carbon dioxide paintball guns can shoot paintballs at velocities as high 200 mph. Human tissue and flesh is no match for a paintball bullet traveling over 200 mph. To add insult to injury some paintballers will put their paintballs in the freezer to harden their ammunition in order to increase its devastating affect.
Cases involving accidents at condominiums are unique because a condo can be owned by several different people or an association. For this reason, where in the building or on the property the accident occurred makes a difference in who may be held responsible for any injuries or losses resulting from an accident.
Apartment complex owners and property management companies have a duty to maintain the property in a reasonably safe condition so that tenants, renters, and visitors are not exposed to unreasonable safety risks.
Landlords, building owners or property management companies that fail to properly install and maintain carbon monoxide detectors and warning systems are legally responsible for any deaths or injuries that occur.
Pit bulls are a group of dogs that include a mixture of any of the following breeds: American pit bull terrier, American Bully, American Staffordshire terrier, Staffordshire bull terrier and the America Bulldog. These breeds of dogs are inherently aggressive when provoked and so they were cross bred to develop the best fighting dogs. Pitt bulls were created when bulldogs and terriers were bred together several hundred years ago. Breeders sought to combine the strength of the bulldog with the speed, agility and assertiveness of the terrier.
Their large size, along with their protective instinct, their difficulties interacting with other dogs, and their strong will and independent and stubborn nature combine to make Akitas a dangerous breed of dog. Insurance companies have grouped Akitas in with other dangerous dogs and they have been the subject of breed-specific legislation in other states. They are popular dogs throughout the United States despite the fact that they are the third most likely breed of dog to bite someone unprovoked.
Chow Chows originate from China and are thought to be one of the oldest recognized breeds of dog. They were breed for many purposes including herding, hunting, pulling supplies and guarding. They have a thick coat that resembles a lions mane. They have a sturdy stout build and can weigh upwards of 70 pounds. Chow Chows are pets in many homes however, most insurance companies list them among the high-risk dog breeds because of their over-protective nature aggressive tendencies towards strangers.
Boxers are medium size dogs and can weigh up to 71 pounds. Boxers were bred in Germany using the Old English Bulldog. They were used for dog fighting and big game hunting where they were called to chase and bring down bison and boars. High energy levels and an inherent desire to hunt make this breed dangerous to children.
Doberman dogs are medium-large breed canines originally bred for companionship and to serve as guard dogs. They are intelligent, fast and powerful, and because of their loyalty can be very territorial or protective of their owners. Although Dobermans may not attack as often as some other breeds, they were bred to have an elongated snout that gives them a very strong bite so even a single bite can cause tremendous harm to either a child or an adult.
The word Husky is used to describe many northern breeds and snow breed dogs. The following are a few of the types of Huskies: Siberian Husky, Alaskan Husky, Norwegian Husky and the Greenland Husky. Huskies have great intelligence and physical endurance. They are sled dogs and can run for hundreds of miles. They are famous for competing in the 1,000 mile dog sled race called the Iditarod which takes place in Alaska interior wilderness. These dogs can be restless and aggressive if their owners are not getting them enough exercise.
German Shepherds are large dogs. They were originally bred to be sheep herding dogs and quickly became a favorite for families due to their protective instinct. German Shepherds engage in two forms of biting that usually involve children. The first is the guiding nip and the second is the grab-and-drag. These dogs will bite children using the grab-and-drag bite in order to pull a child out of harms way. Children will sometimes misread this protective instinct and will panic and pull away which can increase injury. If these dogs bite to defend territory or the home or yard they usually will first bark and or growl in order to get the perceived threat to retreat.
Rottweilers will attack adults almost as much as they attack children. Because of their strength they are capable of inflicting great harm even when they are not trying to. Rottweilers are one of the first dog breeds to be developed with a strong prey drive to herd (bred to chase other animals). Because of their large size and herding instinct, rottweilers can cause serious bite injuries with their powerful jaws, but they can also cause injuries that result from being chased, tripped or even pinned by these large dogs.
Bullmastiffs are large dogs and can weigh anywhere from 100 pounds to 200 pounds depending on the sex. Bullmastiffs are not considered one of the inherently vicious breeds of dogs. They can be a family favorite as they are very protective. Although they have a relaxed and lazy way about them they were originally bred to be guard dogs. They were trained to stay quiet and not bark in the face of intruders. The bullmastiffs extremely large size along with the inherently aggressive traits of the Bull breed can lead them to cause serious injuries.
Mobile home park and trailer fires can be a destructive force. A neighbor’s negligence or a landlord’s failure to provide a safe environment, can cause you to lose your home, all of your belongings, or a loved one. A fire started in one home can easily spread to the next home and before you know it an entire park can be engulfed in flames.
Apartment complex fire victims face years of recovery for burns and other respiratory injuries. If a family member dies during the blaze, the landlord or responsible party may be sued for wrongful death if the fire was caused by inadequate safety equipment or fire prevention protocols. Because homes contain flammable materials, like drapes, the apartment dweller may not have enough time to escape or get all members of the family out before the flames, heat and smoke from the fire take over.
Massachusetts law provides protection for victims of dog bites and attacks; especially when young children are the victims. Under Massachusetts law, a dog owner or keeper is strictly liable for dog bites unless the victim was trespassing, teasing, tormenting or abusing the dog, or was committing another tort (wrongdoing.)
Unfortunately, the Massachusetts Building Code wont help us much in our window fall claim. There is not a building code that requires windows to be a specific height from the floor. Therefore, having windows that are extremely low to the ground and easy for short children to access does not constitute negligence itself.
Dubbed “The Insidious hazard” by the U.S. Consumer Product Safety Commission, window blind cords claim one child’s life every month. According to the CPSC window cords caused 1,600 child strangulation injuries between 1996 and 2012 and 300 of those 1,600 injuries resulted in a child’s death. Children ages 4 and under face the greatest risk of window blind cord injuries.
The Massachusetts legislature felt that landowners should owe a greater duty to child trespassers. As a result, the legislature enacted MGL 231 section 85Q, which changed the duty that landowners owe child trespassers. Landowners now owe foreseeable child trespassers a duty of ordinary reasonable care when it comes to man-made artificial conditions on the land.
A landlord can be held liable for injuries sustained to a tenant or the guest of a tenant if the landlord has breached what’s known as the implied warranty of habitability. When a landlord rents a condo, house, room, apartment or some other place used for residential purposes the landlord warrants to the tenant at the time the tenant moves in that there are not any latent defects (A latent defect is a hidden defect in the property that could not have been discovered by a reasonably thorough inspection before the tenant moved in) or patent defects (A patent defect is an open and obvious defect in the property that could have been discovered by a reasonably thorough inspection before the tenant moved in) that will interfere with the use and enjoyment of the premises. The landlord also warrants that the premises will continue to remain in a livable condition for the duration of the entire tenancy.
Most falling merchandise accidents occur in the months of October, November, December and January. Most stores often overstock their shelves during the months leading up to the winter holiday season. December and January are the biggest months in terms of sales for almost every store. These stores are going to do everything they can to maximize sales during this busy season. Sometimes that means overstocking shelves to dangerous levels.
Elevator manufacturers, business and building owners, and elevator maintenance companies have a duty to ensure that elevators are properly installed, maintained and inspected. If they fail to perform through inspections or maintain the elevators up to code then they can responsible for injuries sustained to passengers. Elderly and disabled people rely on elevators to get up and down buildings. They should be able to get on elevators without having to worry if the elevator has been properly installed, maintained or inspected.
Escalator Accident Statistics There are approximately 35,000 escalators in the United States. These 35,000 escalators make roughly 105,000,000,000 trips a year with each transporting an average of 12,000 people a year. Most escalators are located in commercial or retail buildings like airports or department stores. According to The Consumer Product
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Automatic doors, like all electronic devices, are prone to malfunctioning. These doors get a lot of use — some open and close hundreds or even thousands of times a day. Most are banged by heavy shopping carts as customers make their way in and out of the store. This general wear and tear exacts a heavy toll on the doors and can cause them to malfunction. These malfunctions can cause the doors to close too fast or close unexpectedly without warning. As a result customers can suffer injuries if they are hit or sandwiched by powerful electronic doors that close too fast or unexpectedly.
Over 30,000 Wal-Mart shoppers have suffered injuries due to falling merchandise over the last twenty five years. According to Home Depot’s own sources the retail hardware giant has seen as many as 150 falling merchandise claims in a week. There was an eighteen month period where sixty-eight customers actually filed lawsuits against Home Depot.
Homes, condominiums, apartments, bars, and restaurants usually have some sort of porch, deck or balcony built onto the property or building. These structures create space for homeowners, patrons, guests, and tenants to sit outside or gather with friends and family. Decks, porches and balconies that are poorly built, maintained or designed present a serious risk of death or injury, whether it is a small or large porch or balcony on the third floor of a triple decker multifamily home.
Spring break, holiday seasons, and the warm summertime weather leads large numbers of people to gather, socialize and consume alcohol on outdoor balconies, porches and decks. Every year people that gather on these structures fall through or over porch or balcony railings. When most people walk on to a porch or balcony they assume that the structure and the railings are secure, properly constructed, maintained and up to code. Unfortunately, many business owners, homeowners and landlords who have a duty to keep the premises in a safe condition fail to meet their duty.
Dram Shop Duties to Patrons: Suing Bars, Bartenders, Clubs For Getting You Drunk Adult Patron (21 and older) However M.G.L. c.231 § 85T prevents an adult patron over the age of 21 from suing a commercial establishment for injuries resulting from his or her own intoxication unless the injured adult
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