People trip and fall every day in Massachusetts. These falls result in serious injuries. They cause people and families significant pain and major disruptions to their lives. When they look for compensation, insurance companies and the corporations that cause the injuries say "the defect was too small ... a reasonable person would not trip over that."
So how small is too small? The Massachusetts Appeals Court has recently held that half an inch is NOT too small. This is a major win for injured people across the Commonwealth.
In the case of Joan Arruda v. Newport Construction Corporation, Joan Arruda was walking into a crosswalk with her granddaughter when her foot caught a protruding granite block. The granite block was a decorative edging that should have been flush with the roadway. The construction company intended to make it level in the spring. However, they allowed the defect to remain without any warning for pedestrians.
A Superior Court Judge dismissed the claim after concluding that the one-half inch defect was "too minor or insubstantial" to support a negligence claim. The Appeals Court vacated the
judgment and remanded the case for further proceedings.
If you have been injured after tripping and falling, call an experienced lawyer immediately. Andrew Silvia has extensive experience handling these types of cases. Even if other attorneys think the defect is too small, sometimes it takes an attorney who's willing to take your case to the top. Andrew Silvia will not stop fighting to get you the compensation you deserve.
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