Search Site
Menu

What is the Legal Standard for an Accident on Property?

In accidents on premises, the doctrine as put forth in Oliveri v. MBTA, 363 Mass. 165 (1973) has controlled. It has meant that slip and fall cases involving a foreign substance, whether in a supermarket or otherwise, typically require facts to come within at least one of three categories in order to demonstrate defendant’s lack of reasonable care: 1) defendant created or had actual knowledge of condition, 2) proximity of defendant’s employees to dangerous condition, or 3) evidence of organic matter, such as deterioration, that might indicate amount of time that condition was present. There has been some talk that a more recent case, Sheehan v. Roche Brothers, 448 Mass. 780 (2007) has modified the strictures of Oliveri, although, frankly, I think it is dangerous to overemphasize the scope of the Sheehan doctrine.

Our firm has had significant success with supermarket cases and in other cases involving the liability of a landowner or one in control of premises. It is true that a necessary component for a favorable result involves proving some knowledge (actual or constructive) on the part of the defendant’s employees and a failure to remedy in a satisfactory way the hazardous condition. Usually, however, discovery reveals that there was some actual knowledge on some employee’s part and there was a failure to correct the situation so that no one would be injured. Obviously, there is no guarantee of success but I have been struck by how depositions have yielded the very information that is needed to prove negligence under the criteria set out above.

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Your email address will not be published.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

    Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.

    Read more

    Nicholas Lugo

  • google
    5.0/5.0

    I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...

    Read more

    Veronica Pleitez

  • google
    5.0/5.0

    Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.

    Read more

    Brandon Welliver

  • google
    5.0/5.0

    Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...

    Read more

    Marchant

  • google
    5.0/5.0

    Colleen was excellent to work with- great communication from start to finish. Highly recommend!

    Read more

    Paige Duane

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form