Premises Liability Category Archives — Page 5 of 7 — Cape Cod Injury Lawyer Blog Published by Cape Cod, Massachusetts Injury Attorney

Massachusetts Appeals Court Affirms Defense Verdict, Despite “Whopper” Told by Defendant’s Representative in Deposition – Wright v. Reithoffer Shows, Inc.

Published on: October 26, 2016 | John C. Manoog III

In order to obtain a jury verdict in a negligence case, including a case arising from an accident at an amusement park, fair, or carnival, the plaintiff must prove not only that the defendant owed him or her a duty of care and breached that duty, but also that the defendant’s breach of duty was […]

Premises Liability Verdict in Favor of Deceased Pub Patron’s Family is Affirmed by Massachusetts Appeals Court – Bernier v. Smitty’s Sports Pub, Inc.

Published on: October 12, 2016 | John C. Manoog III

Landowners and business operators have certain legal duties to those who come onto their property for business purposes. This includes the duty to maintain the property in a reasonably safe condition. However, those who enter another party’s property unlawfully are not necessarily owed the same duty of care. While the landowner does not have the right to intentionally or […]

Federal Court in New York Finds that Personal Jurisdiction and Venue of Premises Liability Case Are in Massachusetts – Bonkowski v. HP Hood, LLC

Published on: September 21, 2016 | John C. Manoog III

In order to adjudicate a claim, a court must have subject matter jurisdiction, personal jurisdiction, and venue. If subject matter jurisdiction is not present, the only remedy is dismissal of the case because the court lacks the authority to hear the case. With regard to personal jurisdiction and venue, however, there is also the possibility […]

Massachusetts Woman’s Signature on Release Bars Her Claim Against Allegedly Negligent Horse Farm Following Fall – Markovitz v. Cassenti

Published on: August 25, 2016 | John C. Manoog III

Releases and waivers of liability are so commonplace these days that many people sign them without even stopping to consider the consequences. Perhaps they even doubt that such agreements will hold up in court if an accident does happen. The truth is that a release or waiver is an important legal document that has the […]

Summary Judgment Ruled Improper in Slip and Fall Case Against Massachusetts Farm and Retail Store – Belanger v. Boys in Berries, LLC

Published on: July 19, 2016 | John C. Manoog III

Store owners, including those that own grocery stores, convenience markets, and other establishments selling food, have a responsibility to keep their premises in a reasonably safe condition. Although there are some general requirements, the specifics of what is considered “reasonable” can vary from case to case. Generally, the term “reasonably safe condition” means that, at a […]

Massachusetts Appeals Court Affirms Defense Verdict for Landlord in Negligent Security Case Arising from Stabbing – Wess v. Butterworth

Published on: July 5, 2016 | John C. Manoog III

When the parties to a lawsuit have rested their cases, the trial judge issues a set of instructions to the jury before they retire to deliberate. The majority of these instructions are general in nature, but some may be fact-specific. The parties may make requests for the court to issue certain instructions, and adverse rulings may result in […]

Massachusetts Appeals Court Affirms Defense Verdict in Premises Liability Case Against Grocery Store – Peters v. Shaw’s Supermarkets, Inc.

Published on: June 28, 2016 | John C. Manoog III

Generally speaking, businesses and other landowners have a duty to maintain their premises and warn visitors of known dangerous conditions. A failure to do so can result in an award of monetary damages to a person who is hurt due to the business owner’s breach of duty. Of course, such cases are often highly contested, with […]

Massachusetts Court Reverses Summary Judgment in Case in Which Body Shop Employees’ Use of Hose May Have Created Ice that Led to Fall on Public Street – Fleming v. A Plus Auto Body, Inc.

Published on: May 11, 2016 | John C. Manoog III

When the negligence of a landowner or business operator causes a guest or customer to fall and suffer injuries, the injured person can file a premises liability lawsuit to seek monetary compensation for medical expenses, lost wages, pain and suffering, and other damages. Typically, the defendant in such a case will attempt to avoid a […]

Summary Judgment Was Appropriately Denied When Plaintiff Was Not Injured “by Reason of a Defect in or Upon the Way” – Landry v. Massachusetts Port Authority

Published on: April 19, 2016 | John C. Manoog III

Any time that a person is hurt due to someone else’s failure to act in a reasonably prudent manner, there is the possibility of recovering money damages via a negligence lawsuit. This includes injuries caused by government employees, but lawsuits against the government are somewhat different from lawsuits against individuals or businesses. For instance, notice should be given […]

Massachusetts Court Affirms $70,500 Judgment Against Bar Operators After Alleged Stabbing – Pena v. Pena

Published on: April 11, 2016 | John C. Manoog III

You may already know that business operators and landowners can be held liable for injuries that occur on their property. Slip-and-fall accidents (also called fall down accidents or trip and falls) fall under a category of negligence law known as premises liability. What you may not know is that businesses’ and property owners’ liability can […]