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Channel: Slip and fall – Massachusetts Lawyers Weekly
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Negligence – Slip and fall

Where the plaintiff claims that a Target department store was negligent and failed to warn her of a puddle of rainwater before she slipped and fell, Target’s motion for summary judgment must be denied...

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Negligence – Slip and fall – Ice – Parking lot

Where a plaintiff who slipped on an icy parking lot on her way to work has brought suit against the defendant landowner, the defendant did not owe the plaintiff a duty of care.

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Negligence – Slip and fall – Dance floor

Where a plaintiff broke her leg in two places when she slipped and fell on a dance floor at a nightclub owned by the defendant, she cannot prevail on a negligence claim given the short length of time...

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Negligence – Slip and fall – Snow

Where a plaintiff was injured in a slip and fall incident in a parking lot owned by the defendant supermarket, the defendant must be denied summary judgment on the plaintiff’s negligence claim under...

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Negligence – Slip and fall – Snow

Where a defendant snow removal contractor has moved for summary judgment in a negligence action brought by a plaintiff who was injured when he fell in a parking lot, the summary judgment must be denied...

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Negligence – Slip and fall – Theater – Mode of operation

Where a plaintiff’s slip and fall at the defendant’s movie theater allegedly was caused by ice spilled on the floor, the defendant is not entitled to summary judgment under the mode of operation...

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Negligence – Slip and fall – Tiles

Where a defendant retail store has moved for summary judgment in a slip-and-fall case, the motion must be allowed for lack of evidence that the plaintiff’s fall was caused by any defect of which the...

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Negligence – Slip and fall – Snow – Shared driveway

Where a defendant was awarded summary judgment in a negligence action brought by the plaintiff, the plaintiff’s allegations were insufficient to show any breach of a duty of care, so the judgment must...

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Negligence – Slip and fall – Ice

Where a plaintiff who fell on the icy surface of a parking lot at commercial premises claimed that the defendant, as owner of the premises, negligently failed to maintain the lot in a reasonably safe...

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Negligence – Slip and fall – Contributory negligence

Where a plaintiff moved for a new trial or additur after a jury, finding the plaintiff to have been 40 percent negligent in a slip and fall accident, awarded the plaintiff $20,000 in damages, the...

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Negligence – Slip and fall – Stairs

Where the plaintiff injured herself by falling down the bottom few steps of a flight of stairs at a Target store and alleges negligence on the part of the company that managed the construction of the...

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Privilege not waived in deposition

A Superior Court judge’s decision in a slip and fall case sheds new light on what a deposing lawyer can do when a witness changes key portions of his testimony after conferring with counsel midway...

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Negligence – Slip and fall – Pharmacy

Where a plaintiff was injured when he slipped and fell in the defendant’s pharmacy, the defendant was correctly awarded summary judgment because of the plaintiff’s lack of proof. “On April 2, 2008,...

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Negligence – Slip and fall – FTCA

Where a judgment was entered for the United States on a negligence claim asserted by a plaintiff who slipped and fell in a military “PX,” the evidence did not show actual or constructive knowledge of a...

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Negligence – Slip and fall – Store

Where a plaintiff customer of the defendant’s store injured her rotator cuff in a slip and fall caused by a pool of liquid on the store floor, the defendant must be awarded summary judgment given a...

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Negligence – Slip and fall – Restaurant

Where a plaintiff slipped and fell in a restroom at the defendant’s restaurant, he cannot show that the defendant caused or was aware of a puddle of water that caused the fall. Summary judgment must...

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Negligence – Slip and fall –‘Mode of operation’

Where a defendant club was awarded summary judgment in a suit brought by a plaintiff who was injured during a bachelorette party, the judgment must be affirmed given the inapplicability of the ‘mode of...

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Negligence – Slip and fall –‘Mode of operation’

Where a plaintiff suffered a fractured hip when she slipped on a stone from a gravel area maintained by the defendant retail store, an award of summary judgment for the defendant must be reversed, as...

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Shopper hurts back after slipping on cherry pit

A 59-year-old woman was shopping in the produce section of an established supermarket when she slipped and fell, injuring her back. A cherry pit was later found to have been present on the floor at the...

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Negligence – Slip and fall – Contributory negligence

Where a plaintiff moved for a new trial or additur after a jury, finding the plaintiff to have been 40 percent negligent in a slip and fall accident, awarded the plaintiff $20,000 in damages, the...

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