Case Archives: Premises Liability

Aylward v. McCloskey, 412 Mass. 77 (1992)

Homeowners were not found liable for the injury that occurred as a result of  natural accumulation of snow and ice on their property.

Balcony of college building collapsed injuring four

Settlement for four visitors to the college who were on the balcony that collapsed.

Brillante v. United States, 449 F. Supp. 597 (D. Mass. 1978)

Under the comparative negligence statute, the plaintiff cannot recover damages in cases that proper care was not taken by that party.

Collapse of earthen containment dike at tank farm

Dike collapsed as plaintiff walked on top fracturing ankle. Suit was filed against parent company of the plaintiff’s employer and settled before trial.

Defective apartment window screen

Settlement received from manufacturer, seller and landlord. Toddler fell out of a third-floor apartment window due to dangerous design, installation, and maintenance of the window screen, resulting in severe brain and orthopedic injuries to the child.

Defective roof deck railing

Settlement from landlord for tenant who fell six stories when he leaned on railing which gave way.

Defective shopping center access road

Settlement for family of pedestrian killed after being hit by a car because of failure to install barrier or guardrail in a shopping center access road.

Dilorio v. Tipaldi, 4 Mass. App. Ct. 640 (1976)

An 11-year old boy sustained severe injuries when he ran into a closed sliding glass door, the likes of which had previously been open.  Correctly, the judge instructed the jury on the assumption of the risk, and gave them instructions concerning contributory negligence, rather than giving an instruction on assumption of the risk separately.

Dog bite to adult

Settlement for injuries to 44-year-old attacked by neighbor’s Akita.

Fall on hospital exterior stairway

Arbitration award received for the death of an 87-year-old woman who fell while climbing stairs that did not have a railing.