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With statute of limitations looming, liability suit gets filed

In our last post we set up a hypothetical situation involving a slip and fall to highlight the importance of taking decisive action soon after suffering an injury. The reason for this is that the law imposes statutes of limitations and they vary from state to state. Unless you are aware of the specific rules, whether you are in Connecticut or some other state, you could find yourself unable to pursue any recovery action for compensation.

Such is not the case in a matter involving noted attorney Alan Dershowitz. Being a well-known professor emeritus of Harvard Law School, Dershowitz is quite familiar with the limits that the law imposes on would-be plaintiffs. And so it is that he recently decided to file a premises liability suit against TD Garden, the home arena for his beloved Boston Celtics.

The accident in which Dershowitz was hurt happened nearly three years ago. According to the suit, he had gone to use the men's room during the game and found the floor near the sinks and towel dispensers soaked. There were no towels to be had and judging from the volume of water on the floor, Dershowitz believes conditions had existed for more than an hour, representing negligence on the part of property managers.

The 76-year-old Dershowitz says he slipped on the wet floor and landed on his back. In the process, he twisted his right knee and leg. He ended up going to the hospital. For months afterward he had to wear a knee brace and got around on crutches. And to this day he says he is still receiving physical therapy. His complaint says he may still need surgery.

Dershowitz says the decision to sue the arena isn't one he wanted to make but with negotiations going nowhere and the statute of limitations on the horizon, he didn't have a choice. He's seeking recovery for some $7,000 in medical expenses and unspecified economic and other damages.

Source: The Boston Globe, "Alan Dershowitz suing TD Garden for slip and fall," Callum Borchers, June 2, 2015

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