Legal Question in Personal Injury in Massachusetts

Fell on Ice dislocated Shoulder

Hello, I slipped this winter on the ice leading up to the door of my apt building. I had complained to the office because there was major ice buildup on the stairs almost everyday. Well, one day I slipped and dislocated my right shoulder. I will need surgury to fix. Is this something that my apartment complex should cover? Are they liable?

Thanks.


Asked on 9/03/04, 12:08 pm

2 Answers from Attorneys

Roger Turgeon Turgeon & Associates

Re: Fell on Ice dislocated Shoulder

David,

It depends on where the ice build-up came from. If it was a "natural accumulation" of ice, the landowner has no legal duty to clean it up, but if it was "unnatural", for example if it was from melt run-off from the roof falling onto the steps because there were no gutters, you have a claim. I would be happy to talk to you about it if you call me. Good luck with the surgery (and get a second opinion first!!)

Roger Turgeon

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Answered on 9/06/04, 10:17 pm
David Summer Law Office of David B. Summer

Re: Fell on Ice dislocated Shoulder

Snow and ice cases depend on whether there was an unnatural accumulation of ice and snow. You may have a case based on the circumstances. You should contact an attorney to discuss the same at your earliest convenience.

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Answered on 9/03/04, 1:22 pm


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