Snow and Ice Accidents
Seasoned Boston Lawyer Helping Those Injured on Dangerous Property
Massachusetts experiences some serious winter weather, including snow storms and freezing temperatures that bring ice. Whether or not you are one of the residents who enjoys the winter landscape, this time of year creates serious dangers when it comes to snow and ice accidents. We have substantial experience assisting injured parties with bringing personal injury claims against the owners of the properties where their accidents occurred. This sort of knowledge is especially important if the accident happened on public or governmental property, or in situations where several entities may be responsible for maintaining the premises. We assist with all phases of the matter, including gathering evidence, locating witnesses, and negotiating with insurance companies on your behalf. A Boston slip and fall attorney at The Law Offices of Barry Feinstein & Affiliates P.C. can assess your case and help you assert your legal rights.
Common Examples of Snow and Ice Accidents in Massachusetts
There are virtually endless ways that snow and ice accidents can occur in Massachusetts, but some types of accidents are more common than others. First, slip and fall accidents occur frequently on walkways or stairways that become icy due to moisture or snow accumulation. Although some ice is unavoidable, there are many ways to prevent slip and falls such as applying salt to the surface to add traction or posting warning signs alerting people to the danger.
When ice accumulates on the eves of buildings, icicles can form. Although many of them remain small in stature, icicles can become large, and if they break off when someone is standing underneath a serious head injury or other type of injury can occur. Snow accumulation on roofs or other surfaces can also put too much weight on the structure, resulting in a structure or building collapse placing any nearby persons or occupants in serious danger.
Massachusetts’ Premises Liability Laws
If you were injured as the result of a snow and ice accident, you can bring a civil claim against the owner and/or maintainer of the property where your accident occurred. This can involve multiple defendants if there are parties who own the premises in addition to parties responsible for maintaining the property. A seasoned premises liability lawyer can help you ensure that you name all potentially liable companies in your complaint. To prevail in the lawsuit, you will need to show that the owner owed you a duty to maintain the premises in a certain manner and that he or she failed to abide by that duty.
The level of care that an owner owes to a visitor depends on the relationship between them. The highest duty of care is owed to persons categorized as invitees, who are invited to the property for a business-related purpose. Common examples of persons in this category are shopping mall or supermarket visitors. Owners owe persons in this category a duty to make routine inspections for unsafe conditions on the property and to fix them or provide adequate warnings. The next category includes licensees, who are persons invited to a premises for social purposes, like family and friends. Owners owe persons in this category a duty to repair or warn against any known dangerous conditions. Property owners owe trespassers a duty to refrain from setting traps or causing intentional harm, but these rules change if the trespassers are minors.
Once you’ve established that the property owner owed you a duty of care and failed to abide by that duty, you must show that this failure was the direct cause of the injuries that you sustained. If the defendant can show that some other factor was to blame for your injuries, you may be barred from receiving compensation. There are different categories of damages available in a premises liability case, including past and future medical bills, lost wages and reduced future earning capacity, and pain and suffering.
Set up a Free Consultation With a Premises Liability Attorney in Boston
Snow and ice-related accidents can be extremely debilitating, especially for elderly persons. If you believe that your slip and fall injury resulted from a property owner’s failure to maintain their premises correctly in Boston, you may be entitled to compensation. Investigating a potential civil claim, gathering evidence, and working with insurance companies can be exhausting, especially if your accident left you with painful injuries, but a skilled injury lawyer can help. We will assist you with all aspects of the claim and help you pursue the outcome that you deserve. We are available to provide legal counsel to individuals in areas around Quincy, Waltham, Lowell, Newton, Cambridge, Somerville, Norwood, Brookline, Dedham, and Peabody. To set up your free consultation, call us at (800) 262-9200 or contact us online.