In 2007‚ Virginia resident Mercilla Lindor fell outside a Massachusetts McDonald’s during some nasty weather. She broke her foot and was immediately transported to a nearby hospital.
Lindor took the case to court‚ but a judge dismissed her complaint at the request of the fast food chain on the grounds that property owners could not be held liable for acts of nature. It was a slap in the face to Lindor‚ who was held to blame for the slip-and-fall accident.
The clerk recorded the judge’s order on July 28‚ 2010‚ 6 days after he issued it (July 22‚ 2010). (Note: According to Massachusetts law‚ a ruling is official when a clerk dockets it.)
In a July 26‚ 2010‚ ruling (between July 22 and July 28)‚ the SJC flipped the state’s law on landlord responsibility‚ ordering that property owners are responsible for protecting lawful guests from natural hazards‚ especially on commercial property.
Shockingly‚ with some lucky legal timing and a favorable decision made today by the state Supreme Judicial Court‚ Mercilla Lindor can now proceed with a lawsuit against McDonald’s Restaurant of Massachusetts.
Find a Premises Liability Claim Lawyer
If you or someone you love has been injured in a slip-and-fall accident in San Diego County on someone else’s property‚ you may be eligible for compensation for your damages. Contact the slip-and-fall injury attorneys at the Jurewitz Law Group. Call our personal injury office at 888-233-5020.
An injury that occurs on a slippery floor can lead to surgery‚ physical therapy‚ and hefty medical bills. If you’ve been a victim of a property owner’s negligence‚ you should have a San Diego personal injury lawyer review your case. You may be entitled to compensation for your injuries.
To be successful in a slip and fall claim‚ you’ll have to prove that the property owner was negligent. This means you must show that the property owner had a duty to maintain the premises and breached that duty. Then it must be proven that the breach of duty caused the accident‚ and the accident resulted in damages.
When the Floor is Slippery Property Owners Can Be Held Accountable
Property owners have a duty to warn others of dangerous conditions. If the floor is slippery‚ the property owner should post signs or rope off the area. They are also required to exercise reasonable care.
A safe environment should be maintained on the property to protect the public. If the dangerous condition is considered "open and obvious," then the property owner won’t have a duty of care.
Your best bet is to meet with a San Diego personal injury lawyer after you’ve been injured on a slippery floor. A lawyer can determine whether the owner of the property was indeed negligent and help you take steps toward financial recovery.
Act Now For Help with Your San Diego Slip and Fall Claim
If you or a loved one have been injured in a slip and fall accident in California the Jurewitz Law Group is here to help. Before you hire an attorney or even speak to the insurance adjuster‚ order our free California personal injury guide. When you’re ready to get started on your case‚ simply contact our law offices online or by phone – 888-233-5020. The consultation is free!