Submitted by Anonymous on Tue, 06/30/2009 - 08:39
I was shopping in a department store a few months ago (I won't mention the name of the store) and I walked into a part of a rack, like a long metal arm that the hangers are placed on for display. This metal arm was hard to see because of the clothes hanging down from the arm above it. Anyway, my knee started bleeding like crazy and I had to get 5 stiches at the hospital and pay a big co-pay. So is that the kind of personal injury that I sue for?
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Editor's Response re premises liability
You are talking about premises liability. Generally speaking, a Massachusetts business or property owner has a duty to others to make sure his property is safe and properly maintained. If the property owner breaches that duty and a person is injured as a result, then that person may be entitled to damages. This area of law can get a little complicated because the duty owned by the property owner may vary slightly depending on the nature of the person who enters the property (invitee, licensee, or trespasser). However, in your case, where you were invited on to the premises by the store owner (invitee), I would guess you have a good claim. Good luck, and I hope your knee is better.