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Massachusetts Slip and Fall Lawsuit Against McDonald’s Can Proceed, Says Supreme Judicial Court

A case of fortuitous timing has prompted state’s highest court to allow a woman who broke her foot when she slipped in an icy parking lot at a McDonald’s to proceed with her Massachusetts slip and fall lawsuit. Mercilla Lindor was injured in 2007.

In her Massachusetts injury lawsuit, she complained that the condition of the parking lot was so bad that someone else fell right after she did and medical workers had to ask the restaurant’s employees to salt the ground. A judge would later go on to dismiss her complaint because per state law at the time property owners could not be held accountable accidents resulting from acts of nature. He issued his order on July 22, 2010.

However, because the clerk didn’t record the order on the docket until July 28, 2010, the state’s Supreme Judicial Court has decided that the Massachusetts slip accident complaint can proceed. That’s because a ruling is not considered official in Massachusetts until it is docketed by a clerk, and on July 26, 2010-two days before the decision was docketed-the SJC revised the law on landlord liability by ruling property owners-especially commercial ones-are in fact responsible from protecting guests from nature’s actions.

Boston Slip and Fall Accidents
Boston slip and fall injuries can lead to painful, debilitating injuries. Property owners must make sure that their premises are free from any hazards that could cause serious slip and fall accidents. This includes making sure that the ground is safe enough to walk on when the weather conditions are poor. Other common causes of slip and fall accidents include:

• Debris or liquid left on the floor • Failure to post “slippery when wet” warning signs • Poor lighting • Uneven flooring • A missing step • Unnatural ice accumulation • Black ice on the ground
SJC rules against McDonald’s in slip-and-fall case, Business Journal, November 10, 2011
Massachusetts Law About Snow and Ice, Massachusetts Trial Court Law Libraries
Slip and Fall, Justia

More Blog Posts:
Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits, Boston Injury Lawyer Blog, August 16, 2011
Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney, Boston Injury Lawyer Blog, January 26, 2011
Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010
A good Boston injury lawyer can help you determine whether you have grounds for a case. It is a good idea to obtain legal representation rather than trying to pursue your claim on your own.