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Your email address will not be published.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

    Very professional firm, always pay attention to detail. Knowledgeable and successful. Written on behalf of Mikhail Zaytsev.

    Read more

    Yelena Wise

  • google
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Craig Donovan

  • lawyers
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Client

  • lawyers
    5.0/5.0

    Большое спасибо сотрудникам компании Feinberg & Alban и особенно Marsha Alban за высокий профессионализм и внимательное отношение к клиентам. Благ...

    Read more

    Client

  • google
    5.0/5.0

    We would recommend Atty. Colleen Santora and the entire team at Feinberg & Alban highly. We had a major auto accident in 2012 and my husband also at a bad motorcycle accident as well four years after. We have always relied on her, She is a class act ...

    Read more

    Kyle Meahl

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form