There have been a few tort cases decided recently by the Supreme Judicial Court of Massachusetts which reflect a more “consumer friendly” approach by our highest court. Specifically, the following cases are relevant examples of this: 1) the Sheehan v. Roche Brothers case which has made the notice prerequisite in slip/trip and fall cases in commercial/retail stores easier to satisfy; 2) the Papadopoulos v. Target Corp. case which has made it easier to prove wrongdoing against a landowner in a snow/ice case; and 3) the Soederberg v. Concord Green case which has eliminated the open and obvious defense in certain types of cases.
Interestingly, it does not appear that there has been an uptick in the number of plaintiff’s tort verdicts but recent decisions by the SJC has certainly made plaintiff’s burdens of proof in certain types of tort case easier to satisfy.
It is critical that you avail yourself of experienced and competent attorneys when deciding how best to proceed in either the prosecution or defense of these types of cases.