What You Need to Know About Slip and Fall Accidents
If you have suffered severe injuries due to a fall, our Boston slip and fall lawyer can help you understand your legal rights to get injury claims for your injuries resulting from another’s carelessness. Several types of slip and fall accidents may occur on another person’s property or company, including wet or slick surface areas, stairway falls, veranda falls, parking ramp falls, automobile accidents, sidewalk falls, and shower falls. However, there are two things you should do immediately after the accident: get any necessary medical attention and speak with a slip and fall accident attorney about what transpired.
See that you file an accident report, photograph the scene, and secure the evidence. That being said, each slip and fall accident is unique. It would be to your best advantage to retain the services of our Massachusetts personal injury lawyers who can advise you on the specifics of your injury claim.
In general, property owners are obligated to provide a safe environment for individuals allowed inside their houses. If you can show that the property owner was negligent and was aware of, or should have been aware of, the hazardous or defective condition that caused your slip and fall, you may be entitled to compensation for your injuries.
Quick Summary:
- A slip and fall injury is when you fall on someone else’s property due to a dangerous condition, and you are hurt. That can happen in various places, including stores, workplaces, or public sidewalks. Many things can cause a slip and fall, including wet floors, uneven surfaces, poor lighting, or broken stairs.
- The property owner or manager is often liable for your injuries. That can include homeowners, business owners, tenants, or government entities responsible for public sidewalks. To win a slip and fall case, you must show the property owner was negligent. That means they didn’t take reasonable care to keep the property safe. Our attorneys can help you gather evidence to prove the owner’s negligence caused your fall.
- Slip and fall laws differ by state, and Massachusetts has a three-year statute of limitations to file a lawsuit. That means you have three years from the accident date to sue the property owner. Exemptions exist for certain situations and conditions such as age and disability.
- Massachusetts follows a comparative negligence system for slip and fall accidents. That means any award you receive may be reduced based on the percentage of blame you share for the accident. For instance, if you are found 20% at fault, your compensation will be reduced by 20%.
What is a Slip and Fall Accident?
Slip and fall accident refers to personal injury cases where a person falls or stumbles and gets injured on another’s property. Slip and fall incidents fall under premises liability since they occur on someone else’s property (or “premises”), and the property owner may be considered at fault and be held legally liable.
These accidents can happen in various settings, such as public places, workplaces, or private residences. Slip and fall accidents can result in a myriad of injuries ranging from broken bones to fractures to spine injuries.
What are the Common Causes of Slip and Fall Accidents?
Slip and fall accidents can occur due to various causes. Here are some common causes of slip and fall accidents:
- Wet or Slippery Surfaces – spills, leaks, or freshly mopped floors without proper warning signs
- Ice and Snow – accumulated ice or snow on walkways, parking lots, or staircases
- Rainwater or Moisture – entrance areas or poorly designed drainage systems that allow rainwater or moisture to accumulate
- Loose Rugs or Mats – ripped carpeting, ill-fitting or wrinkled rugs, and mats can cause individuals to trip or slip when walking over them
- Cracked or Uneven Flooring – damaged sidewalks, parking lots, or floors with uneven surfaces
- Loose Floorboards or Tiles – loose or broken floorboards, loose tiles, or carpeting that is not securely fastened
- Damaged Stairs or Handrails – Broken or poorly maintained stairs, missing handrails, or inadequate lighting on staircases can lead to a serious accident
- Insufficient Lighting – Inadequate illumination and lighting in walkways, staircases, parking lots, or other areas can make it difficult for individuals to see potential hazards and increase the risk of slips, trips, and falls
- Obstacles or Debris on Walkways – improperly secured cables or cords, accumulated debris, fallen leaves, objects, equipment, or clutter left in walkways or aisles can obstruct safe movement and lead to falls
- Lack of Proper Signage or Warnings – failing to provide clear and visible warning signs about potential hazards, such as wet floors, construction zones, or uneven surfaces, can contribute to slip and fall accidents
- Lack of Safety Measures – inadequate installation or lack of safety measures, such as handrails, non-slip surfaces, or proper lighting
Who is Liable in a Slip and Fall Accident?
To recover from a slip and fall injury received on another’s property, a liable party must exist whose carelessness resulted in the harm. Property owners proven negligent must be held accountable for the fall accident.
Commercial Property
To be legally liable for injuries sustained on another’s property as a result of slipping or tripping and falling, the property owner of a shop, restaurant, or other company (or an employee of the business):
- Must have been responsible for bringing the spill, worn or torn spot, or other slippery or dangerous surface or item underfoot.
- Must have been aware of the dangerous condition but did nothing about it, or
- Should have known of the dangerous surface because a “reasonable” person caring for the property would have discovered and removed or repaired it.
The third case is the most prevalent and the most ambiguous. In these instances, liability is determined by common sense. The law evaluates whether an owner or occupant of the property was prudent by deciding whether the efforts to secure the property were reasonable. In slip-and-fall commercial property lawsuits, various persons or companies may be liable for an individual’s injuries.
Residential Areas
Landlords may also be held accountable for slip and fall accidents sustained on rented property in residential settings. For a landlord to become liable for an accident, a tenant must establish the following:
- The landlord had control over the condition that caused the slip and fall.
- Correcting the condition would not have been prohibitively expensive or complicated.
- A serious injury was a foreseeable result of failing to correct the condition, and
- The landlord’s failure to take reasonable precautions to avoid an accident resulted in the tenant’s slip and fall injury.
Public Premise
Specific requirements apply when slip and fall accidents that result in serious injury happen on government-owned land. Specifically, there are rigorous notification requirements and extensive immunity rules that may absolve government institutions of accountability for accidents on their premises.
How is Liability Proven in Slip and Fall Accidents?
Slip and fall incidents are one of the leading causes of hospitalization that may entail substantial medical bills. In slip and fall cases, we must establish that the property owner was negligent. Establishing liability is crucial in determining who should be held accountable for the accident and who is responsible for compensating the injured party.
The Property Was in a Bad/Dangerous State
If a property owner invites people to the premises for a business reason, these individuals are characterized as invitees, and they are owed the highest duty of care.
Landowners must generally repair or warn about dangerous conditions and make reasonable and recurring inspections of their properties. Regarding social guests like friends and family, a property owner must repair or warn about any threatening conditions they know or should have known after a reasonable inspection.
The Landowner Was Aware of the Property’s Condition
In some slip and fall cases, the landowner creates a hazardous condition. Any evidence that the landowner contributed to a slippery surface is useful to a Boston slip and fall lawyer trying to establish liability. If you can show that the landowner knew about the defect but failed to take appropriate action, that can also be compelling. Common locations where slip and fall accidents occur include supermarkets, shopping centers, restaurants, nightclubs, hotels or motels, and apartment complexes.
What is Massachusetts’ Law On Slip and Fall Accidents?
Massachusetts law states that for slip and fall accidents, the statute of limitations is three years. That means you have three years from the accident date to file a lawsuit in Massachusetts. If you wait too long, the court will likely dismiss your case. This time limit applies to injuries and property damage caused by the fall.
What is Comparative Negligence in Slip and Fall Cases?
In Massachusetts, if you sue for a slip and fall, the property owner might try to say you’re partly to blame. That is common nationwide and can hurt your chances of getting a lot of money. Here’s why:
- The owner might claim you should’ve seen the danger.
- They might say they warned people about the hazard with cones or signs.
- They could argue you weren’t paying attention or wearing the right shoes.
Massachusetts has a law that lowers your compensation if the court decides you share some blame. That means getting less money or even nothing at all.
Why Do I Need a Boston Slip and Fall Lawyer?
Massachusetts premises liability law requires all residential, commercial, and public property owners to maintain their properties, offer a safe environment for visitors, and appropriately warn them of any dangerous situations.
When a slip and fall accident happens due to the property owner’s careless attitude in maintaining the property or correcting a hazardous situation, the owner may be held accountable in a premises liability case. Given the difficulties inherent in claiming damages after an accident, it is prudent to retain the services of an experienced injury attorney to handle your injury claim. Here are some reasons why you might need a Boston slip-and-fall lawyer:
- Proving Fault: Slip and fall cases hinge on showing the property owner’s negligence caused your fall. A lawyer can help gather evidence and build a strong case to maximize your compensation.
- Understanding Complexities: Massachusetts law has specific time limits and negligence rules (like comparative negligence) that impact your case. A lawyer can navigate these legal twists and turns.
- Negotiating Effectively: Dealing with insurance companies or property owners directly can be challenging. A lawyer has the experience and knowledge to negotiate a fair settlement on your behalf.
- Serious Injuries: Slips and falls can cause serious injuries like broken bones or brain trauma. A lawyer can ensure you receive compensation for medical bills, lost wages, and pain and suffering.
- Going to Court: If a fair settlement isn’t reached, a lawyer will be essential to represent you in court and fight for the compensation you deserve.
Call our Boston Slip and Fall Lawyer Now!
Slip and fall accidents in Massachusetts can have devastating consequences, leading to injuries, medical expenses, and emotional distress. Understanding the legal landscape surrounding slip and fall accidents is crucial for protecting your rights and seeking compensation. If you were injured in a slip and fall accident and believe you are entitled to compensation, our personal injury law firm is ready to assist you with your claim. Our attorneys can also extend a hand in other personal injury practices such as:
At the Law Offices of Barry Feinstein & Affiliates P.C., we have extensive experience handling slip and fall accidents and other personal injury cases. Our Boston slip and fall lawyer possesses in-depth knowledge of MA laws and regulations, allowing us to navigate the complexities of your case with precision.
Don’t let the pain of a slip-and-fall accident define your future. Our personal injury law firm is here to shoulder the legal burden for you and fight passionately on your behalf. We serve people around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. To schedule a free consultation with a personal injury or wrongful death attorney, call or contact us online.
