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Massachusetts high court orders new trial for premises lawsuit

A property owner in Essex County is legally responsible for guests on their property and this means that any condition which could pose a threat to someone should be addressed. For instance, inadequate lighting around a pool could lead to a slip and fall and subsequent injuries for someone. Even if a homeowner assumes that someone will see the dangers of a situation, they are still required by law to eliminate anything that could cause injury.

This is the finding of the Massachusetts Supreme Judicial Court recently. The high court ordered a new trial for a premises liability lawsuit brought on by a man who suffered a paralyzing injury on private property. The man had lost a jury trial after suing the property owners for putting a 2-foot wading pool near a trampoline.

The injury occurred when the man attempted to perform a flip and land in the wading pool in 2005. The high court said that the homeowners should have been aware that someone could get hurt with the two items so close together. As a result, the man will have the opportunity to present his case again in court.

Hazardous conditions on private property can put someone at risk for serious injury, impacting their ability to make a living for themselves and enjoy life. In such cases, compensation can be requested to pay for future medical costs and continued care as well as the emotional damages the victim has suffered. Victims of injuries on private or public property may find it helpful to speak with an experienced attorney.

Source: The Republic, “Mass. court reinstates lawsuit by man injured by jumping from trampoline into wading pool,” Denise Lavoie, May 15, 2013


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