“Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

Gas station

In Massachusetts, environmental rules require the installation of “positive limiting barriers” at gasoline service stations to contain gasoline spills of up to 5 gallons.

June 13, 2018
Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog

On June 1, the U.S. Court of Appeals for the First Circuit decided the case of Potvin v. Speedway, Inc., a personal injury case subject to the laws of Massachusetts. In Massachusetts, environmental rules require the installation of “positive limiting barriers” at gasoline service stations to contain gasoline spills of up to 5 gallons. At a self-service station now owned by Speedway, Inc., the plaintiff, a passenger in a car being serviced, exited the car but tripped on these barriers and was injured. She sued Speedway in state court, and the case was removed to federal court.

Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com



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