Premises Liability

Aylward v. McCloskey, 412 Mass. 77 (1992)  No liability of homeowners for a natural accumulation of snow and ice on their property which caused injury.

Balcony of college building collapsed injuring four  Settlement for four visitors to the college.

Brillante v. United States, 449 F. Supp. 597 (D. Mass. 1978)  The comparative negligence statute bars recovery in cases in which the plaintiff fails to exercise proper care.

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 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)  In a case involving severe injuries sustained by an 11-year old boy who ran into a closed sliding glass door which had previously been open, it was not error for the judge to instruct the jury on assumption of the risk together with instructions concerning contributory negligence instead of 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 for death of 87-year-old woman who fell while climbing stairs that did not have a railing.