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

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

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

New trial granted in bizarre Massachusetts case

A new trial has been granted in a case involving a Framingham man who became paralyzed after he reportedly attempted a front flip into a two-foot wading pool. The man attempted to sue his half brother as a negligent property owner, but he lost the case. However, on May 15th, the highest court in Massachusetts granted the man a new trial based on the Supreme Judicial Court’s ruling that the previous judge gave the case’s jury improper instructions. According to sources, the man, who was paralyzed after doing a front flip into the wading pool and striking his head, lived Continue Reading