Stoughton / Canton Area Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Landlords Can Now Be Liable for Pit Bull Attacks

Bruce Bierhans — Fri, 06 Nov 2009 09:33:32 GMT

It has long been the law in Massachusetts, and in many other states, that if your dog causes injury, you are liable regardless of whether or not you were negligent. This is called "strict liability" and imposes automatic liability on the dog "owner".

However, if you were suing a landlord that was not the dog owner, you had to show that the dog had "vicious propensities" prior to the attack and that the landlord knew or had reason to know of those propensities.

In the case of Nutt v. Florio, the Massachusetts Appeals Court has ruled that where the dog at issue was a pit bull, the issue of the landlord's negligence may go to the jury for a determination of whether or not "the dog had dangerous propensities, whether the defendants knew or should have known about them, and, if so, what actions would have been reasonable, in light of their duty as landlords to protect tenants from reasonably foreseeable risk of harm."

In effect, the court is saying that if a pit bull is involved, you don't necessarily have to show that the dog attacked in the past. The landlord's knowledge that a dog is or may be aggressive may impose a burden on a landlord to be alert for their tenants' safety, particularly where there are complaints from other tenants, or other evidence of "potential" aggression. As stated by Lawyers Weekly, a landlord may now be liable for injuries even though the landlord was not the animal's owner and there was no evidence that the animal had ever attacked anyone before.

Originally posted at InjuryBoard by Bruce Bierhans

Officer Loses Her Job After Filing Slip And Fall Lawsuit

Chrissie Cole — Fri, 17 Apr 2009 11:57:00 GMT

A Casselberry police officer who was fired after she sued the family of a severely brain-damaged toddler, claiming she slipped and fell during a rescue attempt, will not be returning to work. A federal arbitrator has rejected Andrea Eichhorn’s appeal.

Eichhorn and other officials arrived at the Cosmillo residence in January 2007, after the boy had fallen into the backyard pool. His mother had retrieved him and was trying to revive him.

Eichhorn claimed she slipped and broke her kneecap in a puddle of water while at the residence. Although the city had paid for all of her medical care and expenses, she sued the boy’s family alleging negligence.

After a story about the suit appeared in the Orlando Sentinel, hundreds of outraged people called City Hall complaining.

At that time she withdrew the suit, but she was fired by the city anyway.

"The arbitrator's ruling to uphold the city's decision will allow the Casselberry Police Department to move forward and put this unfortunate situation behind us and bring closure for the Cosmillo family," police Chief James Ruf added.

Originally posted at InjuryBoard by Chrissie Cole

Stoughton/Canton Freight Car Accident

Bruce Bierhans — Fri, 28 Mar 2008 14:24:26 GMT

This week, a 112 ton freight car collided with an MBTA commuter train in Canton, injuring 150 people.

The incredible crash occurred approximately 5 minutes after a Stoughton lumber yard employee alerted police that a "runaway" freight car was rumbling down the commuter rail tracks.

According to published reports, investigators are still trying to determine why a "derailing" device failed to stop the car. Although many people received minor injuries, there were reports of broken bones and other more serious injuries.

Originally posted at InjuryBoard by Bruce Bierhans

Slip and Fall Lawsuit Filed Against AutoZone

Chrissie Cole — Thu, 20 Mar 2008 01:54:41 GMT

AutoZone, a popular automobile parts company, was named in a slip and fall lawsuit, filed in Jefferson County District Court, on March 19.

The plaintiff claims the company failed to inspect and maintain the premises or provide warning signs, resulting in her slipping and falling in a puddle of water.

The plaintiff was shopping at the Lucas AutoZone, on July 27, 2007 when she slipped and fell in a puddle of water which had formed from a leak in the ceiling.

"Plaintiff would further show that defendant knew ... of the wet and slippery floor ... and should have prevented plaintiff from being injured," the suit said.

She has requested a jury trial.

Originally posted at InjuryBoard by Chrissie Cole

Philadelphia Attorney Accused of Faking Accidents & Cashing In

Chrissie Cole — Tue, 18 Dec 2007 00:18:07 GMT

A Philadelphia attorney is accused of making bogus accident claims that have netted over $2.5 million over the past 25 years.

Most of the fake cases involved slip and fall accidents outside various business establishments, along with several motor vehicle accidents that turned out to be staged.

An insurance investigator tipped off prosecutors after finding out that a slip and fall outside a North Philadelphia bank never happened as reported on Nov. 1, 2002. That led to charges against the attorney, who faces 31 counts of insurance fraud. Overall, authorities said they found evidence of about 300 cases going back as far as 1981.

He recruited as many as 100 "runners" to look for holes to fall in and cracks to trip over, and then document the claims for the purported victims, who got $300 to $1,000 per case.

In addition to 31 fraud counts, he is also being charged with conspiracy, theft by deception, corrupt organizations, attempted theft by deception and various other counts.

For more information on slip and fall accidents, please visit our help center on Property Owner's Liability.

Originally posted at InjuryBoard by Chrissie Cole