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August 2015 Archives

Sarkisian v. Concept Restaurants, Inc.: The SJC Expands the Mode of Operation Approach to Premises Liability in Massachusetts

On June 23, 2015, the Supreme Judicial Court handed down its most significant decision in the area of premises liability since 2010. See Sarkisian v. Concept Restaurants, Inc., SJC-11786, 2015 WL 3833877 (Mass. June 23, 2015). In Sarkisian, the court was asked to "decide whether the 'mode of operation' approach to premises liability, adopted . . . in Sheehan v. Roche Bros. Supermkts., Inc., 448 Mass. 780, 788, 863 N.E.2d 1276 (2007), applies to slip-and-fall incidents occurring outside of the context of self-service establishments." Id., at *1.