Slip and Fall Accidents

September 9, 2013

Stadium safety issues emerge again after fan is killed at 49ers game

Tragedy struck the sports world yet again this weekend, as another fan fell to his death while leaving a football stadium in California.

The man, whose name has not yet been released, fell on Sunday afternoon from the elevated Jamestown walkway that travels around Candlestick Park, where the San Francisco 49ers and Green Bay Packers were playing.

Off-duty paramedics and police offers tried to help the man, but the man had already passed. Initial eyewitness reports indicated that the man was intoxicated at the time of the incident, though investigators are still trying to determine what caused the man to fall.

Fan safety has been a very important topic in professional sports, as fan injuries have become more and more prevalent at sports stadiums. Also this weekend, some rowdy fans from the University of Maryland were injured after a section of bleachers collapsed at Ludwig Field during a soccer match against Duke. Last month a 30-year old Atlanta Braves fan died during a baseball game at Turner Field when he fell nearly 70 feet from the upper viewing deck.

Premises Liability Cases

When incidents like this occur, the first questions people usually ask are “Why did this happen?” and “Who is responsible?” People are also concerned about how the incident could have been prevented and how future similar incidents could be prevented. Referring back to an earlier blog we posted about fan injuries in stadiums, there are several things that can explain the legal responsibility a stadium owner has to a fan that has been injured while at the vicinity.

Owners and managing companies of these large stadiums are fully aware of the types of risks posed to individuals who visit their establishments, and often tickets to sporting events or concerts are printed with a disclaimer and assumption of potential risk statement. These statements essentially mean that by purchasing the ticket, the guest understands the risk for injury and assumes responsibility should he or she be injured at the stadium. The statements also relieve the stadium’s owners or managers from assuming legal liability for the injured person.
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August 15, 2013

When Hosting a Party, Remember to Serve Responsibly

by Altman & Altman

With summer still in full force, we would like to remind you to be responsible when hosting get-togethers this season. Whether you’re hosting a graduation party, barbeque, or any kind of social get-together where alcohol is being served, you bare a huge responsibility to your guests and their safety.

Massachusetts Social Host Liability Law is an extremely important subject, because what many people do not realize is that the actions of their guests, even after a guest has left the party, may fall under the responsibility of the host.

What is Massachusetts Social Host Liability Law?

In Massachusetts, a social host is anyone who provides alcohol to a guest, as an act of hospitality without exchanging money. A social host is also considered someone who not only provides alcohol for his or her guests, but allows a guest to consume alcohol on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls. Under Massachusetts law, by furnishing alcohol and permitting guests to consume it on his or her property, the host assumes liability. Hosts are not always adults, and can include minors as well.

According to Massachusetts Social Host Liability Law, liability includes all injuries caused by alcohol by both the person who caused the accident as well as the person who served the alcohol. The most common type of accident is drunk driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and winds up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.

Social Host Liability Law and Minors

Massachusetts is very clear about laws on underage drinking. Anyone under the age of 21 is not allowed to consume alcohol. Period. As a parent, it may be tempting to allow your underage son or daughter to have friends over for a party, especially during prom or graduation season, or if your son or daughter is home from college. Taking the keys and requiring guests to sleepover is not the way to prevent minors from getting hurt because of alcohol. Even if a minor injures him or herself without driving, you are still responsible for providing a place to consume alcohol, condoning its consumption, and supplying the beverages. Under Massachusetts General Laws, Chapter 138, Section 34, any person who supplies alcohol to a person under 21 is subject to a $2,000 fine and faces up to a year of imprisonment.

A common concern many parents with teenagers have is what to do if their underage child has a party while they’re not at home. There is potential that the parents can be held responsible, whether or not a guest is injured. However, Massachusetts law does not attach civil liability if the parents of the accused minor did not supply the alcohol that was consumed. Simply put, a parent who supplied the alcohol that was consumed at the underage party is liable, whether knowingly or unknowingly, is responsible. However a parent who did not supply the alcohol at the party (if for instance the minors brought his/her own alcohol), and had no knowledge of the party, would not be held liable. Another issue to be aware of is that you may be civilly liable if your underage child drinks at another person’s house and then injures someone, under the circumstance that you previously gave either explicit or tacit permission for them to consume
alcohol at someone else’s party.
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April 27, 2013

With Older Adults More Prone to Massachusetts Fall Accidents, Boston Nursing Homes Should Exercise the Needed Care to Protect Patients

by Altman & Altman

According to the CDC, every year, out of every three adults in the 65 and older age group, one of them will be involved in a fall accident-and less than 50% of those that fell will tell their healthcare provider. Considering that fall accidents are the leading cause of injury deaths among seniors who belong to the 65 and older age group, these figures are very disturbing.

At Altman & Altman, LLP, our Boston nursing home neglect and abuse lawyers represent families whose loved ones suffered serious injuries, health complications, or died in a Massachusetts fall accident at a long-term care facility. Nursing home providers know that fall accidents are common for the major demographic that they treat and it is their job to exercise the necessary preventive measures so that residents don’t become a fall accident danger to themselves, such as:

• Removing any spilt liquids, fluids, or foods from the floor • Installing handrails in hallways and in shower stalls • Providing nursing assistance to patients that cannot walk or move properly without help • Installing bed rails • Following proper procedures when using a lift to raise, lower, or transfer a patient from a bed to another bed, wheelchair, gurney, or surgical table • Properly training and educating staff about Massachusetts nursing home falls.

April 26, 2013

Boston Slip and Fall Cases Give Victims A Chance at Financial Recovery

by Altman & Altman

A Massachusetts slip accident on a banana peel, a wet floor, or an icy patch on the sidewalk that causes a fall accident might not seem like a big deal in theory, but, in truth, it can cause serious injuries to the person involved. Back injuries, broken hips, spinal cord injury, traumatic brain injury, and even death all have been known to happen in Boston slip and fall accidents, and unless you get legal help, you may find yourself in a deep financial hole with seeming no way out even as you cope with all the other painful ramifications of being involved in this type of incident.

At Altman & Altman, LLP, our Boston premises liability lawyers have more than half a century’s experience assisting Massachusetts slip and fall accident victims get the financial compensation that they are owed. We also have Masachusetts workers’ compensation attorneys that can help employees make sure that they receive all the work injury benefits they are entitled to for their slip/step/stump/trip and fall accident that occurred on the job.

Slip and fall claims are usually based on incidents that occurred on someone else’s property. The premise may be a private one, like someone’s home, a public one, such as a city park or a sidewalk, or a property that is owned by and entity and frequented by members of the public, such as a stadium, a shopping mall, or a supermarket.

January 30, 2013

Traumatic Brain Injuries, Broken Bones Can Happen During Boston Slip and Fall Accidents on Ice or Snow

by Altman & Altman

Our Boston slip and fall accidents represent clients that have been injured in premises liability cases on other people’s property. While slip accidents can happen year round, winter weather conditions can increase the likelihood of such an incident happening, especially when there is snow or ice on the pavement or ground.

While some Massachusetts slip and fall injuries tend to be mild in nature-bumps, sprains, and bruises, depending on the severity of fall and/or where/how a person lands, TBIs, back injuries, ACL/MCL tears, hip fractures, broken bones, and even death can happen. Such injuries are be costly, requiring surgeries, other medical expenses, rehabilitation, and time off from work to recover.

Fortunately, you may be able to seek legal remedies for the harm that you have suffered. Property owners can be held liable for Boston slip and fall injuries that occur on their property if the could/should have done something to remedy the slip hazard before the accident but did not. Also thanks to the ruling in Papadopoulos v. Target Corp. a few years back by the Massachusetts Supreme Judicial Court, property owners now can be held liable for a slip and fall accident on ice and snow regardless of whether or not the accumulation of either element was natural or unnatural (for example, slip hazards caused by snow that had been shoveled or trampled on or an icy patch created by water coming from a gutter). This means that even if the ice or snow accumulated due to the forces of nature, premise owners must still clear up such hazards. Now, with this established reasonable standard of care, whether or not a property owner is liable will depend on whether or not he/she exercised the necessary ice/snow removal efforts in light of how dangerous a hazard these elements on the ground might prove to others.

December 31, 2012

New Year’s Eve is the Deadliest Time of Year for Boston Pedestrian Accidents

by Altman & Altman

According to the journal Injury Prevention, New Year’s Eve is when people are most at risk for becoming involved in a fatal pedestrian accident. One reason for this is that while inebriated individuals might choose to walk rather than drive, drinking too much alcohol still impairs one’s physical abilities, judgments, and reflexes regardless, making one more prone to involvement in a traffic crash. One option for avoiding such risks might be to take a cab. Another alternative is staying over at wherever you plan to celebrate.

That said, there are Boston pedestrian accidents that occur on New Year’s Eve because a motorist was distracted, multitasking, texting while driving, talking on a cell phone, or drunk. Please contact Altman & Altman, LLP to request your free case evaluation if you were involved in a Massachusetts traffic accident that you believe was caused by another party.

No one wants to start or end the year involved in any type of collision, but it can happen. Because the state follows modified comparative negligence system, an injured party can recover Boston injury compensation compensation as long as his/her fault in causing the incident was 50% or less.

November 13, 2012

Parking Risks and How to Avoid Them

by Altman & Altman

Parking is a part of most people’s everyday work routine into which they probably don’t put much thought. While it may seem like a mundane part of one’s daily routine, the reality is that most people use parking lots several times a day without acknowledging the inherent safety risks until it is perhaps too late. Though parking lots are a breeding ground for all sorts of accidents, it is important for employers and employees to know their dangers in order to help prevent accidents from occurring.

The two most common and preventable accidents that occur in parking lots are security accidents and slip, trip or fall hazards.

The National Crime Victimization Survey, conducted by the Bureau of Justice Statistics, reports that more than 1 in 10 property crimes occur in parking lots or garages. Other violent crimes occur in parking lots due to the nature of these spaces. Dark or unlit areas provide the perfect environment for crimes to occur, especially given that many people walk to their cars alone. Parked cars also provide hiding spots for predators who can crouch behind them and remain unseen for long periods of time.
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May 30, 2012

Local 19-Year-Old Killed in Accident

by Altman & Altman

A 2010 graduate of Newton South High School, Lucas Voss-Kernan, was on a “dream road trip” with friends when he fell from an abandoned fuel tank and died. The incident occurred on Friday at Gas Works Park in Seattle, Washington. The area has seen a number of accidents at the park, according to Detective Mark Jamieson of the Seattle Police Department, resulting from “people trying to scale the fences to climb the old gas plant structures still standing in the park.”

The park was opened to the public by the city in 1975, according to a spokeswoman for Seattle Parks and Recreation, although Voss-Kernan was in a fenced-off area of the park when he fell from one of the gas tanks at some point just after midnight. The medical examiner reported that the cause of death was blunt force trauma.
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May 5, 2012

Massachusetts Workers’ Compensation: Boston Slip and Fall Accidents Can Cause Serious Injuries on the Job

by Altman & Altman

If you’ve been injured in a Boston slip and fall accident, you could be entitled to both Massachusetts workers’ compensation benefits and third party compensation. Our experienced Boston injury lawyers can help with both types of claims.

Although you generally cannot sue your employer for injuries sustained on the job, you should be entitled to work injury benefits even if you caused the accident. You will want to file your work injury claim as soon as possible. However, unfortunately, it isn’t always an easy process that is free from complications, which is why it is a good idea to retain a Boston, Massachusetts workers’ compensation law firm that can make sure you get not just all of the benefits that you are entitled to, but also that you are paid in a timely manner and without unwarranted delays. (There are insurers that will try to argue that your injury or illness wasn’t from your job. This is just one of the reasons why having legal representation is to your benefit.)

Massachusetts Workers Compensation

November 11, 2011

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

by Altman & Altman

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 Continue reading