Slip and fall accidents can be unexpected, especially when you’re just out shopping for groceries or going to a doctor’s appointment. Depending on the circumstances of the incident, you may be able to sue the manager, property owner, or another party for the damages you incurred. Here’s what to know and how our experienced Salem personal injury attorneys can help you file a claim.
The Responsibility of Property Owners to Maintain Safe Premises
A slip and fall occurs when a person loses their footing and falls on someone else’s property. In Massachusetts, property owners, landlords, and managers have a legal obligation to make sure their premises are safe for people. If there’s a hazard that can’t be fixed right away, the person responsible has a duty to warn people of the danger or cordon off the area so no one can come into contact with it.
Most Common Causes of Slip and Fall Incidents
Some of the most common causes of slip, trip, and fall accidents include:
Wet or Slippery Floors
Wet floors are arguably one of the most frequent causes of a slip and fall. Examples of this scenario might be a newly mopped grocery store aisle without a caution sign, or a spilled drink in a restaurant that was never cleaned up.
Icy or Snowy Walkways
New England winters can be harsh, and ice or snow is a common hazard on sidewalks and in parking lots or at the entrances of businesses. While organizations have long been responsible for clearing icy areas around their buildings, a recent decision by the Massachusetts Supreme Judicial Court states that homeowners are also responsible for their sidewalks and other spaces where injury to others could occur.
Read More
Massachusetts Landowners Now Responsible for Snow & Ice
Slip and Fall Accidents in the Winter (Podcast)
Inadequate Lighting
If a business doesn’t have adequate lighting in their establishment, patrons and visitors may not be able to see potential hazards.
For example, a dimly lit stairway or hallway can make broken steps, cracks, and objects in the way harder to see, which substantially increases the risk of a fall. If a hazard would have been visible with proper lighting, the responsible party may be considered at-fault for neglecting to keep the area well-lit.
Poor Maintenance
Broken sidewalks, parking lot potholes, loose carpets, or broken handrails can also cause serious falls if they aren’t properly maintained or fixed in a reasonable time frame. The same concept applies here, and if someone in charge knew or should have known about the problem, the blame could land on them.
How to Bring a Legal Claim Forward with Proof of Negligence
In most slip and fall cases, the plaintiff (the person who is suing) has the burden of proof. This means that if you bring a legal claim forward, you need to show how the at-fault party knew or should have known about the hazard and failed to have it fixed or warn patrons about it. You’ll also need to prove that you were injured and incurred damages as a direct result of the fall.
Should I Negotiate or Litigate My Case?
Many slip and fall cases are settled before reaching trial, especially when the plaintiff brings concrete evidence of negligence on the part of the property owner or manager. A fair settlement offer should be enough to cover current and future medical bills, lost wages, mobility aids, and any emotional or mental suffering the plaintiff endured during the incident.
If the offer you have been made doesn’t account for all of your expenses, you may need to pursue litigation, where a judge or jury will determine who is at fault and how much the damages were.
Need Legal Support After a Slip and Fall? Call Mazow McCullough, PC
If you or a loved one has been injured in a slip and fall accident in Massachusetts, you don’t have to navigate the legal process alone. At Mazow | McCullough, PC, we understand the challenges of growing medical bills, lost income, and uncertainty about the future.
We have years of experience handling premises liability cases, and we can fight zealously for the compensation you deserve. Contact us now for your free complimentary case consultation at (978) 744-8000 or toll-free at (855) 693-9084.
