What kinds of insurance claims are there?

After an accident, you may need to make an insurance claim. Many people work with their attorneys at this stage to make sure any settlement offers they receive are not only fair but also produced efficiently. Personal injury or accident attorneys also work with victims to negotiate better settlements or if they have to go to court to file a lawsuit. For those who are able to stick to insurance claims alone, there are a few different kinds. The first type of claim you will likely file is your first-party claim, which goes to your insurance carrier. The second, a Continue Reading

Your injury may be the fault of a property owner

When you’re hurt in an accident on someone else’s property, you’ll need to prove fault to be compensated. While it might seem like it’s obvious that the property owner is at fault, that’s not always the case. One of the things that you need to prove is that the owner could have prevented the accident. For instance, if the owner knew there was a leaky roof but did nothing about it, an injury caused by the roof collapsing on you could be compensable by law. In the same situation, if the owner knew the roof was leaking and didn’t take Continue Reading

Unintentional drownings: What you should know

Unintentional drownings are most common in the summer months, when children and families go to public pools, lakes and other waterways to cool off. Unintentional drownings affect around 10 people each day in the United States, with two of the 10 being 14 or younger. Even though only one in five people who die from drowning are children, for each death, there are five other children who have to receive emergency medical care for nonfatal submersion injuries. That’s part of the reason why it’s so important for premises owners to make sure pools or lakes aren’t easy for children to Continue Reading

You can file a claim after getting injured on someone’s premises

Falls are very serious and can cost you and your loved ones when it comes to medical bills and care. Every year, there are around 2.5 million older people who are treated in emergency rooms because of fall injuries. Around one out of every five falls results in serious injuries like broken bones or head injuries. Falls are the most common cause of traumatic brain injuries, and they often lead to hip fractures for older people. If not, there are other injuries that may result. For instance, broken bones, cracked wrists, broken arms, hip injuries, broken ankles and other breaks Continue Reading

What are some premises liability facts?

Premises liability can be tricky in some cases, and if you get hurt on someone else’s property, you may have questions you would like to get answers to. Here are a few situations that could occur and the way you can address what you do next. Consider traveling to a hotel. If you fall and hurt yourself, is the hotel liable? That is a good question, and what you’ll need to do is show that the property owner or staff was negligent. For example, if you slip and fall on a broken piece of flooring that was already known about, Continue Reading

Can you file a premises liability claim against the government?

Are there any times when you can file a lawsuit against the government for exposing you to a dangerous premises? Yes, and in fact, it happens more often than you may think. One of the most common kinds of premises liability complaints takes place when people are hurt on sidewalks or due to defects involving the roads. Here’s a good example. Imagine that you’re driving down the street with your child. You have a green light, so you drive into an intersection without expecting anything bad to happen. Suddenly, you get hit by a car. That driver swears that he Continue Reading

Workplaces: Avoid slips, trips and falls with these tips

Preventing workplace slips and falls is important. Even a simple trip can lead to someone falling and hitting their head or twisting an ankle. Broken bones, bruising, dislocations and other conditions can all result from falling, tripping or slipping. It’s normal to trip or slip from time to time; most people have moments where they aren’t paying attention or don’t realize an area is hazardous. Unfortunately, slipping on a staircase, falling on ice or onto sharp objects can all make that mistake very serious. It’s the responsibility of workers and their employers to keep the workplace safe. Hazardous areas should Continue Reading

Who is responsible for icy or wet sidewalks or walkways?

While the summer is still hot, you may not be thinking about the risk of snow and ice. Winter is just around the corner, though, and because of this it’s important to know your town’s laws for premises liability and keeping roads and communities safe from slip-and-fall accidents caused by ice and snow. No one wants to slip on ice or to fall on a wet patch left by melting snow. It’s very likely that you’ve fallen and hurt yourself in the past; even one thin, slick patch of ice can lead to a nasty fall that could cause cuts, Continue Reading

Civil lawsuits and your rights in a rental apartment

A civil lawsuit is any lawsuit that isn’t about a criminal case. So, if you’re trying to sue the owner of a company for leaving ice on his business’ sidewalks, you’ll be filing a civil lawsuit alleging personal injury. Generally speaking, any time your case involves $7,000 or less in damages, you’ll head to small claims court to try to get back your compensation. Now, if your case involves much more complex information and higher bills, like medical bills, which can be in the hundreds of thousands of dollars, you’ll need to file a civil lawsuit with your district court. Continue Reading

How can a homeowner’s liability vary based on the visitor?

Homeowners are often liable for the injuries that take place on their property. There are some exceptions, though, especially when it comes to the type of visitor on the property. There are three types of visitors who could be in a home: invitees, trespassers, and licensees. It’s the homeowner’s responsibility to make sure that people who enter the property are not subject to preventable safety hazards. For instance, if the homeowner invites a person onto the property and he trips on damaged walkways, the homeowner could be held liable for his injuries. Why? Because it was his responsibility to keep Continue Reading

Ski lift accident injures 7, shakes up Massachusetts family

Skiing can be risky, which may be the reason some Boston residents like it. Most participants probably expect they’ll at least reach the top of a ski slope or mountain safely before encountering any problems.That wasn’t the case for several recent visitors to a New England ski resort. Sugarloaf officials blamed a malfunctioning gear box for the failure of braking systems on the King Pine quad chairlift. The lift chairs moved backward 450 feet before a technician used an emergency brake to stop them. Seven people were hurt and three were hospitalized. A Massachusetts man was among the terrified skiers Continue Reading

Can a government be named in a Boston premises liability claim?

At one time, sovereign immunity laws provided full protection for governments against civil claims. The federal government and each state government still maintain sovereign immunity laws, but revised legislation added exceptions to the original rules. In some cases, under certain circumstances, governments can be held accountable for accidents resulting in personal injuries and wrongful deaths. There are no uniform nationwide standards for government immunity in premises liability cases. Immunity laws are state specific. In Massachusetts, for example, local governments may be liable forsnow or ice-related injuries or defects on public property, provided a plaintiff can show the defendant was negligent. Continue Reading

Property owner negligence in Boston premises liability cases

Boston home and business owners are obligated to maintain properties to prevent employee and visitor injuries. Premises liability claims argue property owners are responsible for visitors’ injuries caused by unsafe conditions like inadequate security or lighting, wet floors and icy sidewalks. An owner, operator, occupier – in many cases, an occupier is a tenant — or third party can be blamed for negligence when a customer is injured, by slipping on an untreated icy patch or tripping over an unrepaired pothole in a parking lot. Property owners have been accused of failing to provide proper security to prevent an assault. Continue Reading

How defendant inactions influence a premises liability claim

Boston residents visit commercial establishments daily. Visitors assume places they frequent are safely maintained. Massachusetts property owners are responsible for meeting that reasonable standard to prevent accidents. Slip and fall accidents can happen to anyone, but injuries happen for different reasons. Sometimes, visitors can be faulted for engaging in risky behaviors, like texting while walking or running in inappropriate footwear. However, business owners and operators are required to try to prevent as many accidents as they can, even if they can’t avert them all. The time for preventive actions begins before dangerous property conditions exist is built. For example, health Continue Reading

Lawsuit filed over Boston sports park elevator fall

It takes a lot of behind-the-scenes commitment to operate a venue as large as Boston’s Fenway Park. Massachusetts property owners and operators are responsible for keeping residences and businesses of every size in reasonably safe condition to prevent visitor injuries. A woman who was seriously injured after tumbling down an elevator shaft at Fenway Park in May, recently filed a premises liability claim. The defendants included Otis Elevator Company, a servicing contractor and Fenway Sports Group, the parent company of the Red Sox. The lawsuit alleged negligence caused the 22-year-old woman’s injuries. The victim suffered internal contusions, a traumatic brain Continue Reading

Premises liability and winter weather

Colder temperatures are moving in, and soon Massachusetts residents will see the first hint of the winter to come. While everyone knows that snow can make for treacherous driving conditions, it can also mean slippery walking surfaces and an increased risk of injuries from falls. If you or someone you know is injured after falling on an icy patch outside of a home or business, you may have legal options to pursue monetary compensation for medical expenses or other losses. Under Massachusetts law, home and business owners have the responsibility to take reasonable steps to ensure that their properties do Continue Reading

Premises liability: Understanding comparative fault

In Massachusetts premises liability cases, there is often a debate over who is at fault in an incident and how that plays into any damages awarded in a lawsuit. In extreme cases, where a landlord or business owner was grossly negligent in ensuring that the property was safe or warning visitors that there was a danger present, who was at fault is often fairly evident. In others, when an uninvited guest is injured or someone ignores a warning, things can get more complicated. In most situations, it is expected that the property owner has a responsibility to keep the property Continue Reading

Family of Boston student killed in fire files suit

The tragic fire that occurred at on April 28, 2013, and claimed the life of a Boston University marine science major has resulted in a wrongful death suit. According to reports, the fire took place at 87 Linden St., a building that was rented out to several tenants. The fire reportedly started in one of the lower levels of the building, but the third-floor residents — including the 22-year-old student who died — were not aware of the fire until a smoke detector in the attic went off. By that time, reports indicate the flight of stairs that was the Continue Reading

Overcrowding a safety hazard in Boston’s off-campus housing

A 2013 interpretation of a Massachusetts statute may be having a negative effect on the level of safety precautions landlords are taking before renting to low-income people in the greater Boston area. One population that seems to be particularly affected are college students living in off-campus housing. The Massachusetts Lodging House Statute requires that all lodging houses must have the proper licenses and be subject to safety inspections. Lodging houses must also put in place fire-prevention strategies like hard-wired manual pull stations and sprinklers to comply with regulations. Under the statute, if a landlord did not take the necessary safety Continue Reading

Massachusetts family reaches settlement in boy’s escalator death

Young children love to explore the world around them. Seeing new things automatically makes them want to go check those new things out. Children who visit stores that have escalators are usually drawn to the moving stairs. For one 4-year-old Massachusetts boy, getting on the escalator on the second floor of the Auburn Mall ultimately led to his death in March of 2011. The little boy fell approximately 18 feet from the escalator. He landed on a display case. He died the following day from head injuries caused by the accident. The boy’s death led to an increased focus on Continue Reading

Massachusetts teen dies in Vermont snowboarding accident

Many Massachusetts residents enjoy downhill skiing or snowboarding during the winter months. However, these can be extremely dangerous sports, especially if ski and snowboarding hills are not properly maintained. Sadly, a Randolph, Massachusetts, teen died over the weekend at a Vermont ski resort on his first snowboarding outing. Police reported that the 16-year-old crashed into a sign at the Stratton Mountain ski resort Saturday and died as a result of his injuries. The resort ski patrol said they found the teen shortly after the crash and could not find a pulse. However, emergency workers at the ski resort were reportedly Continue Reading

Massachusetts boy dies when television at school falls on him

When you send your child to school, you reasonably expect that your child will be properly cared for while he or she is there. You have the reasonable expectation that the school has taken stops to ensure that dangerous property hazards have been dealt with in an appropriate manner. For one family, those expectations weren’t realized. The incident occurred at Elm Street School when an 8-year-old child died after a cart and large television fell on him. The child was participating in an after school program when the accident occurred at around 4 in the afternoon. He was taken to Continue Reading

Escalators: a question of safety

Escalators have become a mainstay in many Massachusetts area malls and are one of the main popular means of indoor bodily transportation after the elevator. Unfortunately, as with any modern convenience, the escalator comes with its own risks that users must be aware of before boarding. These risks, which have resulted in numerous injuries and even deaths, have inspired two university researchers to develop a new innovated alternative to escalators. Injuries have been documented on escalators since its inception in the late 1800s. One injury involving a child resulted in the loss of a toe. Another injury involved a man Continue Reading

Woman plunges 17-stories to her death after balcony collapses

A New York woman died after falling from the 17th floor of her apartment. The accident took place on August 1, 2013 just before 1 a.m. The woman was sitting on the railing of her balcony to smoke a cigarette when the railing collapsed and she fell. She died after landing on construction scaffolding that was on the first-floor of the apartment building. Massachusetts residents may be interested to know that a complete investigation of the property was conducted to ensure that other residents’ balconies were safe. The woman was 35-years-old and was on a first date the night of Continue Reading

Amusement park rides not covered by federal regulations

After a woman died in July when she fell out of a roller coaster at a Six Flags theme park, safety advocates in Massachusetts and throughout the nation are questioning the lack of oversight at theme parks in the country. There isn’t an agency that oversees the number of fatalities at amusement parks. One witness reported that the 52-year-old woman was concerned about being properly restrained before the ride began. Another friend who was with her said she tumbled out when the ride plunged down the track. While Six Flags and the company who made the ride are conducting an Continue Reading