Articles Posted in Premises Liability

Massachusetts law requires that owners and managers of public and private businesses and properties maintain and secure their property to limit harm to their residents, guests, and patrons. Typically, land and property owners will face liability if they fail to meet their standard of care, and the failure creates a dangerous hazard and causes an injury. Massachusetts injury victims may be able to recover for the damages they sustained because of the hazardous condition.

Premises liability lawsuits often occur because of injuries from slip-and-falls, trip-and-falls, broken or poorly maintained entrances and exits, or inadequate lighting and security. However, business owners may also face liability for damages resulting from toxic chemical exposure. Chemical exposures in workplaces, restaurants, stores, schools, and laboratories can pose a severe danger to a person’s health and well-being. Toxic poisoning usually occurs from inhaling an airborne substance or ingesting contaminated food or water. There are various toxins such as sulfates, gasoline, lead, mercury, and bleaches that may cause severe injuries to a patron or visitor. Exposure to these chemicals may cause various symptoms and illnesses, such as nausea, lightheadedness, shortness of breath, vomiting, rashes, and even death.

For example, recently, a national news report detailed the harrowing chemical incident at a Massachusetts Buffalo Wild Wings. Emergency officials arrived at the restaurant after receiving calls that patrons were becoming ill because of chemical fumes in the establishment. The fumes were released after an employee mixed a popular food service cleaning detergent with a bleach cleaner to sanitize the kitchen floor. The mixture resulted in a toxic chemical reaction that spread throughout the restaurant. Thirteen patrons were hospitalized because of exposure to the fumes and the general manager died. The product manufacturer included a safety information sheet that indicated that the detergent should not be mixed with strong acids; however, it is unclear the employee was trained on the product and whether the products have ever been used in conjunction before this incident.