Premises Liability cause thousands of injuries a year, some of which are quite serious. One misstep on a slippery floor or broken step can land an unassuming victim in a wheelchair. A stumble over a manhole cover can cause anything from a broken leg to a permanent spinal cord injury. Premises liability is the law that governs slip and fall accidents and determines who is at fault for them. Premises liability laws vary from state to state and jurisdiction to jurisdiction. There is no cut-and-dry way to determine fault in a slip and fall accident. Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe as well as whether or not the victim was careless, thereby contributing to the slip and fall accident. For example, a restaurateur is not necessarily liable should you fall on a wet floor in the restroom if the area was clearly marked with a yellow "caution" sign.

Is the Property Owner Liable for Your Slip and Fall Accident?

That depends. A victim would have to prove the following in order to hold the property owner responsible and have a premises liability case:

• That the property owner caused the unsafe condition and the subsequent slip and fall accident (by spilling something and not cleaning it up, by digging a hard-to-spot hole in a heavily trafficked area, etc.)
• That the property owner knew about the condition but did not try to correct it (by not posting a sign on uneven ground, etc.)
• That the property owner should have known about the danger, because a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the slip and fall accident (This is the most common situation, as it is not clearly defined and is determined based on common sense). 

Of course, only a qualified personal injury lawyer who specializes in premises liability can truly help you determine if you have a case. Attorney Ahearn has helped hundreds of victims. Contact Attorney Ahearn today for a free consultation regarding your case.

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Massachusetts law provides some the best protection of dog bite victims, especially young children. A dog owner or keeper is strictly liable for dog bites unless the victim was trespassing, teasing, tormenting or abusing the dog, or was committing another tort. A child under the age of 7 is presumed to have done none of those things.

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Medical malpractice, also referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

• Misdiagnosis of, or failure to diagnose , a disease or medical condition;
• Failure to provide appropriate treatment for a medical condition;
• Unreasonable delay in treating a diagnosed medical condition;

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

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A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) of another (the defendant), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.

A wrongful death claim generally consists of the following four elements:

1. The death was caused, in whole or part, by the conduct of the defendant
2. The defendant was negligent or strictly liable for the victim’s death
3. There is a surviving spouse, children, beneficiaries or dependents
4.  Monetary damages have resulted from the victim’s death.

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A repairer, seller or manufacturer of defective goods is liable for injuries sustained by the person(s) using them. Liability may also extend to persons who did not purchase the product, but were using the product in a "foreseeable" manner when the injury occurred. Also, people injured as a result of someone else using a defective product may be able to recover if their injuries were caused by the product's defect.

In other words, the manufacturer of the defective product and its sellers are liable for injuries caused as a result of the defect. Everyone between the manufacturer and retailer, who are considered to be in the "chain of commerce," such as wholesalers or distributors, may be liable even though they did not "cause" the defect.

If the defective part was a component in a larger product (for example, a defective seat belt in an automobile), the component producer may be liable, as well as the manufacturer of the larger product.

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Workers’ compensation law guarantees specific benefits to workers that get hurt on the job. It doesn't matter who is at fault for the injury - the employer or the employee. Workers’ compensation benefits typically include the following:

1. Coverage of your medical costs
2. Disability payments, at least 60% of your average income, greater if your injury resulted in a disability
3. Compensation for permanent disfigurement or scars or loss of function
4. Vocational retraining if the injury prevents the worker from returning to their original job
5. Death benefits for immediate family members if the worker was killed on the job.

Receiving the benefits that you are entitled to can sometimes be difficult. In the interest of the "bottome line, employers and their insurance companies may claim that an injury did not happen at work or that a worker is entitled to less benefits.Insurers and employers have also been known to pressure an employee to return to work sooner than what the doctor is recommending.

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