Maybe you didn’t see the wet floor because of poor lighting, or there were no warning signs that it was dangerous. You might have stepped on an icy walkway or a broken step. However it happened, you suffered an accident on someone else’s property, and now you’re dealing with injuries.
A slip and fall can quickly turn your life upside-down. A fall may seem minor at first, but injuries can quickly lead to considerable medical expenses, lost wages, and pain that feels like it will never go away.
Liability for an accident like this depends on a) who controlled the property, and b) whether the individual responsible ignored a dangerous condition that led to your accident.
What “Liability” Means in a Slip and Fall Case
Liability is simply the legal responsibility for the accident. Slip and fall claims generally fall under premises liability in Massachusetts. This area of law requires property owners and managers to follow a duty of care to keep their property and premises reasonably safe for all lawful visitors.
Who May Be Liable
After an accident, you may wonder who is responsible for your injuries. More than one person or entity may share the liability:
- Property owners, such as homeowners, landlords, or business owners.
- Property managers, if they were responsible for inspection or maintenance.
- Tenants or commercial occupants, if they controlled the area where the fall happened.
- Contractors or service companies, such as janitorial crews or snow removal companies, in some cases.
Much will depend on the circumstances of your accident. Was it a manager or employee of the business at the location that failed to clear up something slick, or has the property’s owner neglected to repair or replace something necessary?
A Massachusetts slip and fall lawyer can determine the party or parties responsible for your injuries.
Common Hazards That Can Create Liability
While nearly anything can lead to an accident, these are the most common premises liability-related hazards:
- Broken stairs, loose handrails, or uneven surfaces.
- Construction-related hazards
- Poor lighting
- Clutter
- Spills or debris
- Uncleared walkways with ice and/or snow
- Unsafe temporary conditions
- Wet or slippery floors
However you are injured, get immediate medical care. In addition to taking care of yourself, you’ll have records that will be used to document your claim. Continue your medical care as needed and prescribed, and keep all medical records for your premises liability lawyer.
What Must Be Proven
If you plan to file a claim, you’ll need to prove several things:
- The property owner or responsible party caused the hazard, knew about it, or should have known about it.
- The responsible party failed to fix the danger or warn visitors in time.
- The dangerous condition caused your fall and the resulting injuries.
- You suffered damages: medical expenses, lost wages, and pain and suffering.
A Massachusetts slip and fall lawyer can help with gathering evidence, discovering the identities of all responsible parties, and communicating and negotiating with insurance companies on your behalf. The Commonwealth only allows three years to file a claim. If you miss the deadline, you will lose your opportunity to collect compensation.
What If the Injured Person Was Partly at Fault?
If you are told you are partly at fault, it does not necessarily mean your claim is entirely invalid. Massachusetts personal injury law includes the doctrine of comparative negligence, meaning that you may still recover compensation, just not as much.
For instance, if you are found to be 25% at fault for the accident, your ultimate settlement is reduced by 25%. However, if someone is greater than 50% at fault, they will likely not be able to recover. The facts of the case will ultimately determine whether compensation is available.
Why Evidence Matters
Evidence is your strongest proof of your injuries, and can include photos of the area, witness statements, accident reports, and medical records.
It’s important to gather evidence, especially photographs, as soon as possible before the area is changed, cleaned up, or altered.
This evidence and documentation can show both the extent of the injury and liability.
How the Snow Law Firm Can Help
As your legal representative, we can handle the hard work on your behalf while you focus on your recovery. We can:
- Investigate the property condition and identify all responsible parties
- Gather evidence, speak with witnesses, and review insurance issues
- Explain legal rights, build the claim, and negotiate for compensation
We offer new clients a free case evaluation to discuss your case and how we can help with your claim.
What To Do Next
If you’ve been injured in a slip and fall accident, don’t wait to get legal advice for your case. Speak with a Massachusetts slip and fall lawyer as soon as possible to protect your rights and start your claim. Working with a lawyer can help determine liability and whether your claim is worth pursuing.
Remember, there may be multiple parties responsible for the conditions that led to your accident. But without an investigation, you may never find them all.
While three years sounds like a long time to file your claim, it really isn’t when you consider an investigation into your accident, medical care, and gathering evidence. Getting legal help early in the process is important so that vital information isn’t lost, and your lawyer will have a better idea of what you’ll need for medical care long-term.
Let The Snow Law Firm Help With Your Slip And Fall Case
A slip and fall accident can leave you with serious injuries and financial losses. You may be able to recover compensation to help with the expenses associated with your accident.
Contact Snow Law’s trusted personal injury legal team today for a free consultation. There are no upfront fees, and you pay nothing unless we can recover compensation on your behalf.
