Slip and Fall Accidents Are More Serious Than They Sound
People often minimize slip and fall accidents as embarrassing moments rather than serious injuries. But falls are a leading cause of traumatic brain injuries, broken hips, spinal cord injuries, and other significant harm. When your fall was caused by a dangerous condition on someone else’s property, the property owner may be legally responsible for your injuries and losses.
The Legal Basis: Premises Liability in Massachusetts
Slip and fall claims in Massachusetts fall under premises liability law. Property owners owe a duty of reasonable care to maintain their property in a safe condition for lawful visitors. When they fail to do so — and that failure causes an injury — they can be held liable for the resulting damages.
What You Must Prove in a Massachusetts Slip and Fall Case
To win a slip and fall claim in Massachusetts, you must establish four key elements. First, the property owner owed you a duty of care as a lawful visitor. Second, a dangerous condition existed on the property. Third, the owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. Fourth, that dangerous condition directly caused your fall and injuries. The third element — what the owner knew and when — is often the most contested part of a slip and fall case.
Critical Evidence in Massachusetts Slip and Fall Cases
Winning a slip and fall case depends heavily on evidence. Photographs of the hazard taken immediately after your fall are invaluable. Incident reports filed with the property owner create a contemporaneous record. Surveillance footage may show the hazardous condition and how long it existed before your fall — but it must be requested immediately. Witness statements and medical records documenting your injuries are also essential.
Massachusetts Comparative Fault and Slip and Falls
Property owners frequently argue that the injured person was partly at fault. Under Massachusetts modified comparative negligence, you can still recover as long as you are less than 51% at fault. Your compensation is reduced proportionally by your percentage of fault. Our attorneys build cases that minimize fault attributed to our clients and maximize recovery.
Call Larson Law for a Free Slip and Fall Consultation
If you were hurt in a slip and fall on someone else’s property in Massachusetts, call Larson Law at 508-888-8888. We offer free consultations and work on contingency — no fee unless we win your case.