If you or a family member were injured after slipping and falling, you may be eligible for compensation. However, you are responsible for bringing evidence to show what happened and how it impacted you. Here’s what you need to prove and how an experienced Massachusetts premises liability attorney can help.
4 Elements Needed to Prove Negligence
1. That You Were Owed a Duty of Care
First, you need to prove that another person owed you a duty of care. This means they are legally required to act with reasonable caution or to ensure your safety for a period of time.
Examples of Duty of Care
- Doctors have a duty of care to their patients
- Employers have a duty of care to employees
- Manufacturers have a duty of care to consumers
- Establishment owners have a duty of care to visitors
Slip and fall cases typically involve the latter. Legally, property owners are responsible for maintaining a safe premises and must warn visitors of any hazards they may encounter.
2. That Your Duty of Care Was Breached
Second, you need to prove that the duty of care was breached. For a slip and fall, you must establish that the property owner failed to keep their premises safe or didn’t warn visitors of potential hazards.
Examples of a Breach
Scenario 1: The owner of a store knew that the stairs leading to the front entrance of their establishment were broken but didn’t do anything to fix the stairs or warn anyone visiting the premises that there was a problem.
Scenario 2: A store employee saw a spill but did not clean it up.
3. That You Were Injured as a Result of the Breach
Next, you must prove that you were injured as a result of the breach of duty of care. The injury must not be due to a pre-existing condition or another injury you suffered somewhere else.
So, for a slip and fall case, you must show that the fall was the direct and only cause of your injuries. To do this, you could compare medical records from before the incident to the ones obtained after. If your post-fall records clearly show things like broken bones or a traumatic brain injury, an attorney can establish the link between the two.
4. That Your Injuries Caused You to Suffer Damages
Finally, you need to prove that your injuries resulted in tangible damages. Damages are generally divided into two categories: economic and non-economic damages. Economic damages include things like medical bills you had to pay, wages you lost, and other financial expenses you incurred.
On the other hand, non-economic damages are those that are difficult to quantify, like pain and suffering or emotional anguish.
In Massachusetts, there is no cap on non-economic damages for general personal injury cases. This means that how much you can recover for things like pain and suffering is not limited, and the court can award you as much as is fitting for your injury.
What If I Was Partly At Fault?
Massachusetts is a comparative negligence state, which means if you were partly at fault for your injury, you may still be able to get compensation. The court will assess how much fault you share and reduce your damages award by that amount. As long as you are less than 50% responsible, you likely still have a case.
For example, if the court reviews your case and determines that you are 30% responsible for what happened and your original award was for $500,000, then your actual award would be $350,000.
Case Examples
Scenario 1: A store employee mopped and didn’t put out a wet floor sign, but the person who fell was texting on their phone when they slipped.
Scenario 2: A store owner failed to remove ice from the walkway outside their establishment, but the person who slipped was wearing flip-flops or another type of improper footwear for the weather.
Click here to learn more about slip and fall and comparative negligence cases.
When to Call a Massachusetts Premises Liability Attorney
If you or a family member have slipped and fallen on someone else’s property, especially if it was at a store or another commercial establishment, it’s best to contact a Massachusetts premises liability attorney as soon as possible. A lawyer can help you get the right medical care and negotiate with insurance companies on your behalf, which allows you and your family to focus on recovery.
Reach Out to Mazow | McCullough, PC Today
At Mazow | McCullough, PC, we provide free, no-obligation case consultations. This lets you get an idea of your rights and what steps you should take next to protect them.
Contact us today to learn more or to book your no-cost consultation by calling (978) 744-8000 or toll-free at (855) 693-9084. Or, you can fill out our easy online form, and someone from our legal team will get back to you as quickly as we can.
