On April 1, 2007 a Boston University student went with some friends to a bar and restaurant located in the heart of the city. After spending some time in the establishment, the student walked down the hallway of the restaurant in order to find some quiet space in order to make a phone call. He stood outside the kitchen and across from, what was later discovered to be, a staircase. The staircase was not readily discernible due to the presence of hanging vinyl strips shielding its presence. As the student proceeded with his phone call, he presumably lost his footing and tumbled down the stairs where he was unconscious until an employee of the restaurant found him lying on the floor. After immediately being rushed to the emergency room, the student died two days later due to a basilar skull fracture and a subdural hematoma. These injuries were received as a result of the fall.
The parents of the decedent brought a law suit in superior court in Massachusetts against the establishment claiming wrongful death and violations of Massachusetts General Laws Ch. 93A. Ch. 93A, also referred to as the Consumer Protection statute in Massachusetts, details that:
“ Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” Continue reading →