By Robert I. Feinberg | Published July 24, 2024 | Posted in Personal Injury, Premises Liability | Tagged Tags: injury compensation, owner responsibility, premises liability | Comments Off on Facing the “Open and Obvious” Defense in Premises Liability Cases
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Facing the “Open and Obvious” Defense in Premises Liability Cases
Property owners have a responsibility to ensure their premises are reasonably safe for visitors and to provide adequate warnings about any hazardous conditions. Similarly, visitors are expected to exercise reasonable care while on the property. But what happens when an obvious danger is present, and someone gets injured by it? In such cases, couldn’t both Read More
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The Right to Sue for Injuries on a Property Depends on Your Right to Be There
A property owner has a legal responsibility to ensure their property is safe for those who enter it and to compensate those injured due to unsafe conditions. However, the level of care a property owner must provide varies depending on the legal status of the person entering the property, categorized into invitees, licensees, and trespassers. Read More
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Property Owners’ Duty to Keep Sidewalks Clear of Snow and Ice
In Massachusetts, property owners have a legal obligation to maintain their premises in a reasonably safe condition. This includes protecting the safety of pedestrians by keeping sidewalks and steps clear of snow and ice. Failure to do so may result in liability for injuries sustained by individuals due to the owner’s negligence. The duty to Read More
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Special Risks Customers Face in Big Box Retail Stores
Big box retail stores have become a staple of consumer culture, offering a vast array of products at lower prices. However, with their vast inventory and high customer footfall, these stores also present unique challenges and risks for shoppers. Customers can face a range of dangers, from cluttered aisles to poorly trained employees and inadequate Read More
Read MoreCommonsense View of Fault in a Fall Down Case
As you are aware by now, many of my blogs have dealt with the concept of landowner liability. Maybe that’s just a fancy way of referring to an owner of property. For example, many such personal injury cases involve a commercial establishment which has a duty to maintain its property, inside and out, in a reasonably safe manner. From my experience, I would have to say that one very helpful factor, one that has come up a lot in recent cases, is if the condition that causes the accident has been a long standing condition.
Thoughts on the Processing of a Personal Injury Case
Over the past several years the point of these blogs has been to try to educate the consuming public, to those who might have a case or those wondering about the lawsuit/litigation process. As in any profession, there can be misconceptions about what happens. In the past I’ve discussed how long a case takes. Certainly there are no hard and fast rules on that.
Common Arguments from Defendants in a Premises Accident Lawsuit
I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:
Is a Premises Liability Case Affected By the Open and Obvious Rule?
A premises liability case is one in which a person sustains an injury while on somebody else’s property, whether it be a landlord, business or other entity. These cases almost always involve an issue of management or control over the premises. The question is whether the landlord or other person in control exercised reasonable care in maintaining the area.
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