Recently in Premises Liability Category

Boston Faces First Blizzard Since Adoption Of New Legal Rule In Slip-And-Fall Cases

As today’s Globe reminds us (hat tip to Ted Frank at Point of Law for bringing the story to my attention), tonight’s blizzard will be the first large snowfall that we’ve seen since the Supreme Judicial Court abolished the so-called “natural accumulation” rule in a decision that was issued while we were enjoying the warmth [...]

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Also posted in Slip and Fall

Massachusetts Homeowners May Be Held Liable For Injuries Caused By Backyard Softball Game

Massachusetts homeowners may be liable for injuries to their guests caused by sports equipment that they provide other of their guests, according to a ruling issued by the Appeals Court last week. In Judge v. Carrai, the Massachusetts Appeals Court ruled that a lawsuit can proceed against party host/homeowners for injuries that were sustained when [...]

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Also posted in Personal Injury

Massachusetts Supreme Judicial Court Abolishes Archaic “Natural Accumulation” Rule In Premises Liability Cases

In what is being hailed as one of the most important Massachusetts premises liability cases in decades, the Supreme Judicial Court last week in Papadopoulos v. Target Corporation abolished the so-called “natural accumulation” rule that had long governed Massachusetts slip-and-fall cases involving snow and ice. The so-called “natural accumulation” rule held that Massachusetts property owners [...]

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Also posted in Slip and Fall

The Law Of Negligence: Traditional And Economic Approaches

Last week, I was breezing through some blog posts over at Concurring Opinions and I saw that law professor Lawrence Cunningham had posted a link to a new law review article that he had written. The post invited criticism of the article and its conclusions. Since the article was on a topic of great interest [...]

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Also posted in Slip and Fall

Massachusetts Tort Roundup

There are two Massachusetts personal injury cases to report on this week. One case, Soderberg v. Concorde Greene Condominium Association, modifies Massachusetts law in slip-and-fall cases, making the law less hostile to plaintiffs. The other case, Lev v. Beverly Enterprises-Massachusetts, Inc., has yet to be decided by the Massachusetts Supreme Judicial Court, but may allow [...]

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Also posted in Liquor Liability, Slip and Fall

Massachusetts Supreme Judicial Court Poised To Change Rule In Slip-And-Fall Cases: Part I

The Massachusetts Supreme Judicial Court is poised to reconsider a longstanding rule in premises liability cases – the so-called “natural accumulation rule” – leading some defense lawyers to fear that the SJC’s decision could pave the way for a tidal wave of new premises liability lawsuits. Under the “natural accumulation rule,” which has been a [...]

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Also posted in Slip and Fall