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As a personal injury lawyer, I certainly encounter accidents relating to bad weather. These can take the nature of snow and ice, fall downs or auto accidents where the at-fault driver did not adjust for inclement conditions.
A fall down injury occurring because of snow and ice is often compensable. These usually serious injuries will result in a recovery if the condition causing them came about because of an “unnatural accumulation” of ice and snow. In contrast, a natural accumulation, the law states, is not something the landowner must remove or even treat.
The above is a confusing concept. The guiding principle is that bad weather is part and parcel of living in Massachusetts or New England. Consequently, the person suing need show that a defect was present on the property, such as a hole for example. That defect in combination with snow and ice will lead to the determination of an unnatural accumulation and, therefore, increase the chances of a liability finding/settlement.
As for automobile accidents in bad weather, your attorney should ask if the driver being sued acted appropriately in the bad weather conditions. A defendant may say that skidding was inevitable; I prefer to say that the driver failed to act reasonably given the prevailing weather conditions. This is after all what negligence is all about.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
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My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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