Slip & Fall Accidents
Slip and Fall Accidents Attorney in Boston, MA
If you have suffered severe injuries due to a fall, you must understand your legal rights to get injury claims for your injuries resulting from another’s carelessness. Several types of slip fall accidents may occur on another person’s property or company, including wet or slick surface area, 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 & 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 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. Call now to schedule a free case review with a personal injury law firm in Boston, MA.
Premises Liability Lawyer Representing Residents of the Boston Area
According to Massachusetts law, premises liability claims can arise from any type of accident or harm that results from a landowner’s failure to maintain their property in an appropriate and safe condition. One of the most common hazards that people face on property is a slip and fall accident. This can involve spilled liquid at the supermarket or uneven walkways outside a building, among other examples. There are many different elements that a Boston slip and fall lawyer must prove before a victim will be entitled to compensation.
At The Law Offices of Barry Feinstein & Affiliates P.C., we know how daunting and complicated this process likely seems. Our seasoned team of legal professionals can assist you with all aspects of your claim, including identifying evidence and negotiating with insurance companies. Contact us as soon as possible to learn more about how we can assist you with protecting your rights.
What Is a Slip and Fall Accident?
The phrase “slip and fall accident” refers to a personal injury case where a person falls or stumbles and sustains an injury on another’s property. Typically, these instances come under the broader category of “premises liability” claims. Slip and fall incidents often occur on someone else’s property (or “premises”), and the property owner may be considered at fault and be held legally liable.
Numerous hazardous circumstances, such as ripped carpeting, uneven flooring, inadequate illumination, narrow steps, or a damp floor, might cause someone to trip and sustain a catastrophic injury. Similarly, if someone stumbles on a fractured or broken public pavement or falls a flight of stairs, the same applies. Additionally, a slip and fall lawsuit may emerge when an individual slips or falls outdoors due to rain, ice, snow, or a concealed danger, such as a pothole in the ground.
Liable Parties
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 who are proven to be 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 lawsuits involving commercial property, various persons or companies may be held liable for an individual’s injuries.
Residential Property
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.
Proving Liability in a Slip and Fall Claim
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.
The Property Was in a Perilous State
There are many questions to consider after suffering an injury due to a careless landowner. Massachusetts law requires landowners to ensure that their properties are in good condition for various individuals. 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 any known dangerous conditions and make reasonable and recurring inspections of their properties. When it comes to social guests like friends and family, a property owner must repair or warn about any dangerous conditions they know or should have known after a reasonable inspection.
The Landowner Was Aware of the Property’s State
In some slip and fall cases, the landowner creates a hazardous condition. Any evidence showing that the landowner contributed to a slippery surface is useful to a slip and fall attorney in Boston who is 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.
Our Massachusetts personal injury attorneys understand that establishing fault in slip and fall incidents may be challenging. We are to help you, and we have what it takes to get you the compensation you deserve. Schedule a consultation with our Boston personal injury lawyer today!
The Liable Party’s Carelessness Caused Your Injuries
After you show that the defendant owed you a duty of care but failed to maintain the premises according to this duty, you must show that this failure was the direct cause of your injuries. You must also show that the types of injuries that you sustained were a foreseeable outcome of the defendant’s negligent upkeep of the property. This often requires your Boston slip and fall attorney to consult with an experienced expert witness who can testify about the accident and how the defendant was ultimately responsible for it.
Getting Compensated
The final phase of the matter involves determining the amount of compensation you are entitled to receive. There are many items of compensation that you can potentially request from a defendant. The main category that victims seek is compensation for past and future medical bills. This is especially important if your injury results in long-term disabilities or conditions that will require ongoing medical care. You can also seek compensation for missed wages and any reduction in earning capacity that stems from permanent or long-term disabilities. Moreover, if your significant other is affected by your injuries, they can bring a loss of consortium claim to seek compensation for the loss of your companionship and support. Speak with a premises liability lawyer today to learn more about ensuring that you receive the maximum compensation you deserve.
Why Do Accident Victims Need a Massachusetts Slip & Fall Attorney?
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.
You deserve reasonable compensation for your suffering, whether you or a loved one were hurt in an accident. Pursue damages! You deserve compensation for lost wages, medical expenses, emotional distress, and other types of pain. Put your trust in our legal team to assist you in obtaining the medical and financial resources necessary for recovery.
Our injury attorneys are here to help ease your pain and suffering. We usually get a favorable verdict each time we represent a client. Consult with a reliable personal injury attorney in Boston, MA. Hire a lawyer from The Law Offices of Barry Feinstein & Affiliates P.C. today!
Get Advice from a Tenacious Slip and Fall Lawyer in Boston
If you were injured in a slip and fall accident and believe that you are entitled to compensation, we are ready to assist you with your claim. There are many issues to consider, and having the experience and knowledge of a seasoned trial lawyer on your side can make a major difference in how your claim progresses. We serve people in the areas 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 us at 800.262.9200 or contact us online.
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