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Recently in Slip and Fall Category
December 26, 2010
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 [...]
Also posted in Premises Liability
August 1, 2010
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 [...]
Also posted in Premises Liability
April 2, 2010
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 [...]
Also posted in Premises Liability
March 9, 2010
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 [...]
Also posted in Liquor Liability, Premises Liability
February 2, 2010
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 [...]
Also posted in Premises Liability

