Search Site
Menu

Mick Jagger: Paint it black; Personal Injury Lawyers: Paint it Yellow

In a personal injury claim brought as a result of a fall on property, such as in a parking lot, the courts will consider whether the defendant had failed to delineate the blocks [the plaintiff having fallen over an automobile bumper block] from the surface of the lot by use of contrasting color or other means of demarcation. Spring v. Foodmaster Super Market, Inc., 2 Mass.App.Ct. 808 ( 1974). Of course, whether there was sufficient lighting on the property also enters into the equation. As with anything, expert testimony can be presented to show that the bumper blocks were situated in a haphazard fashion, lacked demarcation by color, and that the premises provided insufficient lighting. Lay testimony is quite fine on the first two issues, but resort to an expert is helpful on the third as the data is quite scientific on “candle power.”

You have no doubt seen speed bumps on public ways and also in private complexes. Since becoming aware of the Spring case, I have been intrigued to see if those bumps or blocks have been painted yellow. When they are simply the same color as the surface of the driveway, I wonder if they are appropriately safe. I think not and I would point out that the burden of painting those to yellow is very minimal. You may recall reference to the Learned Hand formula, Hand having been a revered appellate judge. Judge Hand created the BPL: a trier-of-fact should assess the burden of undertaking a precaution by comparing it to the probability of the loss times the magnitude of the loss. I suggest that the BPL formula argues for negligence.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    It was a pleasure working with attorney Alexis Cahill. She helped me understand everything and gave me more than I ever thought. She is so nice and an excellent lawyer. I'm glad I went to this co-op.” thank again you for taking care of everyth...

    Read more

    rita botelho

  • google
    5.0/5.0

    Colleen Santora and her partners at Feinberg & Alban went above and beyond in providing efficient and professional representation throughout my recovery process. Colleen is a great attorney that is very knowledgeable and empathetic. She was a pleasur...

    Read more

    ELI-RAN YOUSHAEI

  • google
    5.0/5.0

    Working with this firm was a great experience. Marsha Alban is a great attorney and very easy to work with!

    Read more

    Bronislava Abramova

  • google
    5.0/5.0

    This attorney office is highly efficient, amazing, and professional. They made me feel very comfortable and was invested in my interest. Communication through my whole experience was always professional and prompt. I highly recommend them to anyone w...

    Read more

    Babydoll Babydoll

  • google
    5.0/5.0

    I was in a car accident recently, and was lost in the process of what to do post my injuries. I contacted Feinberg & Alban, where I was introduced to Colleen Santora, who was the best resource I could have ever imagined. Colleen was knowledgable, emp...

    Read more

    OT Tips & Tricks for Kids

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form