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Premises Liability

63-year-old woman injured slipping on child's flashlight in retail store in Swansea, Massachusetts, and receives a $75,000 settlement: A 63-year-old woman fell in a Massachusetts retail store on a child's flashlight that was on the floor that she did not see. It must be noted that the flashlight was in front of a display of flashlights and, as stated, was on the floor. The woman sustained shoulder injuries and ankle injuries necessitating surgery, and sustained lost wages. The issue before the Massachusetts court system was notice of the flashlight being on the floor and also the application of the new "mode of operation doctrine" regarding self-service stores. The "mode of operation doctrine" allows the claim to proceed if it is reasonable that a condition that occurred could exist based upon the store being self service. In addition, there were strong issues of comparative negligence on the part of the woman. Depositions were completed of the store employees and the injured woman and her husband. After a lengthy mediation involving Karns Law Group, the injured woman and her husband, the attorney for the Massachusetts retail store and the Massachusetts retail store which was self insured, the matter settled for $85,000.

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