Cape Cod Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Landlords Can Now Be Liable for Pit Bull Attacks

Bruce Bierhans — Fri, 06 Nov 2009 09:30:29 GMT

It has long been the law in Massachusetts, and in many other states, that if your dog causes injury, you are liable regardless of whether or not you were negligent. This is called "strict liability" and imposes automatic liability on the dog "owner".

However, if you were suing a landlord that was not the dog owner, you had to show that the dog had "vicious propensities" prior to the attack and that the landlord knew or had reason to know of those propensities.

In the case of Nutt v. Florio, the Massachusetts Appeals Court has ruled that where the dog at issue was a pit bull, the issue of the landlord's negligence may go to the jury for a determination of whether or not "the dog had dangerous propensities, whether the defendants knew or should have known about them, and, if so, what actions would have been reasonable, in light of their duty as landlords to protect tenants from reasonably foreseeable risk of harm."

In effect, the court is saying that if a pit bull is involved, you don't necessarily have to show that the dog attacked in the past. The landlord's knowledge that a dog is or may be aggressive may impose a burden on a landlord to be alert for their tenants' safety, particularly where there are complaints from other tenants, or other evidence of "potential" aggression. As stated by Lawyers Weekly, a landlord may now be liable for injuries even though the landlord was not the animal's owner and there was no evidence that the animal had ever attacked anyone before.

Originally posted at InjuryBoard by Bruce Bierhans

Couple Suing Over Slip-and-Fall at Grocery Store

Chrissie Cole — Tue, 28 Aug 2007 09:17:33 GMT

A woman injured in a slip-and-fall accident at the local grocery store, has filed a personal injury lawsuit against the store. The lawsuit was filed on August 21, in Kanawha Circuit Court, against Save-A-Lot.

The suit claims that on December 10, 2005, the woman was in the Cedar Grove store when she slipped and fell on a "wet, slippery substance which was not immediately visible to the naked eye and for which there were no warning signs."

The woman injured her left arm, left knee and face in the fall. She required hospitalization and medical expenses that cost $13,000 according to the suit.

The husband claims he suffered loss of wifely services from his wife. The suit seeks compensatory and punitive damages.

Originally posted at InjuryBoard by Chrissie Cole

Lawsuit Filed Over Slip & Fall at Kroger

Chrissie Cole — Wed, 25 Jul 2007 01:16:12 GMT

A woman injured in a slip and fall accident has filed a personal injury lawsuit against Kroger and the store manager. The suit alleges the manger allowed a "slip hazard to remain on the floor without any warning."

The suit alleges negligence by the defendants for allowing dangerous conditions to exist and for "failing to provide adequate seating so its patrons can safely seat and dine."

She is suing for her physical impairment, loss of earning capacity and inability to attend to the needs of herself and family.

If you or a loved one has suffered injuries in a slip and fall accident, you can contact one of our personal injury lawyers for a free and confidential consultation.

Originally posted at InjuryBoard by Chrissie Cole

Marshall University Board Named in Slip-and-Fall Lawsuit

Chrissie Cole — Wed, 27 Jun 2007 13:11:09 GMT

The Marshall University Board of Governors has been named in a slip-and-fall lawsuit filed by a woman that fell on Marshall's Huntington Campus.

The woman, along with her husband, filed the lawsuit, June 8, in Kanawha Circuit Court, naming the Board of Governor's of Marshall University as the defendants.

The suit claims on September 8, 2005, the woman was walking on campus nearby the entrance of the memorial Student Center, when she tripped over a raised curb and fell. She was injured when she fell, including a fractured ankle.

The lawsuit claims the Board of Governors didn't properly maintain the sidewalk nor remove any obstacles. The suit seeks compensation for her injuries and damages.

Her husband claims he has lost the consortium, services and companionship of his wife and seeks compensation.

Originally posted at InjuryBoard by Chrissie Cole

Burger King Slip and Fall Trial Set to Begin

Christina Cole — Thu, 17 May 2007 18:18:20 GMT

On May 14th, a Madison County Circuit Court Judge began jury selection in a slip and fall lawsuit against Burger King and Aramark Uniform & Career Apparel.

The woman filed the lawsuit against the Bethalto Burger King and Aramark on November 3, 2005. The suit seeks damages in excess of $100,000.

She claims on May 28, 2004, she was visting Burger King when her foot caught the edge of the floor mat which caused her to trip and fall. Her left shoulder and knee were injured in the fall.

The lawsuit claims "It was the duty of Burger King to maintain the premises in a reasonably safe condition for their customers." The suit further claims Aramark failed to supply floor mats that sat flush on the floor and laundered their floor mats in a way that caused them to be become distorted.

The claim says she suffered pain of the mind and body, lost money and became liable for medical expenses that were no fault of her own that she was unable to pay due to her injuries.

Originally posted at InjuryBoard by Christina Cole

Man Suing Burger King for Slip & Fall

Christina Cole — Fri, 19 Jan 2007 02:09:47 GMT

A Cabell County man is suing Burger King fast food after he was hurt while visiting the establishment. Michael S. Stevens is suing Burger King, after slipping and falling in the men's restroom.

On September 11, 2005, Stevens, went in the restroom and crossed the floor to the sink when he slipped and fell on the floor. He reached with his arms to try and break his fall but struck his shoulder into the wall. Stevens sustained an acromioclavicular separation of the right shoulder, radicular low back pain and other injuries to his body in general.

"The tile is smooth, and is without a non-slip surface," states the lawsuit. The area did not have a "Caution Wet Floor" sign displayed at the time of the incident.

The suit was file on January 11th and states Burger King neglected the safety of the public due to lack of a non-slip surface. Stevens seeks coverage of past medical bills that total more than $11,600, future medical bills and compensatory and punitive damages. Stevens has demanded a trial by jury.

Originally posted at InjuryBoard by Christina Cole