Search Site
Menu
The Banana Peel

A long-standing physical comedy gag is the person who slips and falls on a banana peel. The interesting thing is that this gag may apply in Boston tort cases as well!

A shopkeeper, or anyone else, has a duty to keep the premises safe for most everyone who comes onto the property. Many times, a case may turn on the owner’s knowledge of the condition. If the owner knew or should have known about the dangerous condition, and yet did nothing to remedy the condition or at least warn visitors, the owner may be liable for an injury. People often slip and fall on wet spots, loose floorboards and, yes, even banana peels.

The color of the banana peel may help determine the owner’s liability. A pair of Massachusetts cases from the early 1900s, Goddard v. Boston and Maine R.R. and Anjou v. Boston Elevated Railway Co., lay out the different scenarios:

  • Yellow. If the plaintiff slips and falls on a yellow banana peel, that means that the peel recently dropped on the floor. An owner can claim no knowledge of the defect in such situations.
  • Brown. If the peel is brown, it has been on the floor for quite some time. The owner is likely to be liable for damages, especially if the plaintiff can prove actual knowledge ― a booming voice over the loudspeakers may have proclaimed “cleanup in Aisle 7.”

This analysis applies in other cases as well. The longer the steps have been loose or the longer the floodlight has been out, the more likely the plaintiff is to recover damages.

Slipping and falling on a banana peel is no laughing matter . Call my office today for your free case review if you have been injured in an accident.

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Your email address will not be published.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

    This firm is great! They negotiated a settlement for us after another firm told us we had no case. The whole process was quick and easy. Colleen was so easy to work with and very responsive.

    Read more

    Ellen Carita

  • google
    5.0/5.0

    Highly recommend this firm! Colleen Santora was my sister's attorney for her motor vehicle accident. Colleen was always responsive and answered all our questions. She was transparent and put 100 effort in the case. She very knowledgeable. I would re...

    Read more

    Warda Khurram

  • google
    5.0/5.0

    My wife with our dog crossed the street when was hit by a car. Our attorney Alexis Cahill was professional, knowledgeable and reliable. We had good communications with her all the time while my wife recovered from her injuries. We are completely sati...

    Read more

    michaelvideohere

  • google
    5.0/5.0

    I got chance make car accident (it's not my fault). Before I didn't have any accident like that one. I choose this agency accidentally due to it's location was convenient to my job. I was surprise (good surprise) that agency lawyer (Colleen Santora) ...

    Read more

    Anatoly Gorbatchev

  • google
    5.0/5.0

    Colleen Santora was a great attorney to have during my motor accident. She is very responsive and great at her job. She supported me mentally and professionally. I recommend her to everyone who wants real results.

    Read more

    Nnamdi Chinemere

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form