In the state of Massachusetts, premises liability law allows victims of slip and fall accidents to pursue financial compensation for injuries suffered due to the negligence of a property owner.
It doesn’t matter if the property is commercial or residential—when a property owner doesn't ensure the location is safe for guests, he or she can be held liable for injuries that visitors suffer as a result.
About Slip and Fall Accidents
Sometimes there's a belief that slip and fall accidents are relatively minor and rarely cause serious harm. While it’s true that not every slip results in a severe injury, there are occasions when someone experiences medical complications and possibly life-changing circumstances
The following are hazards property owners should know about and either repair immediately or warn visitors about pending correction:
- Ripped or torn carpeting or other floor coverings
- Cracked or missing floor tiles, paving stones, or bricks
- Wet floors from leaks, spills, weather, cleaning solutions, or other causes
- Missing or broken handrails
- Overly steep, narrow, or otherwise unsafe stairways
- Loose or slippery stairs
- Damaged, broken, or cracked concrete driveways, sidewalks, or parking lots
- Potholes and related hazards
- Walkway obstructions or obstacles
- Improper or damaged lighting
- Other violations of building or health and safety codes
When property owners or managers neglect to safely maintain buildings and locations, or fail to put out signage, barricades, or other notices that dangers exist, visitors or customers should take caution. Otherwise, they face the risk of injuries such as:
- Bruised or broken ribs
- Hip, tailbone or coccyx fractures
- Hand, wrist, and arm sprains, strains, or bone breaks
- Leg, ankle, and foot sprains, strains, or bone breaks
- Head, neck, and spinal problems
- Traumatic brain injuries
Not only are the wounds themselves a concern, but also the continual worry of infection and other complications after surgery or other medical procedures.
Liability in Slip and Fall Accidents
The owner of a property is often the party responsible for maintenance, but that’s not always the case. In situations where a business leases a property, it may be liable for injuries. In a residential apartment or other rental, liability may be split between the resident and the landlord. Determining who the responsible party is a challenge, but an attorney can help.
To start a premises liability lawsuit for a slip and fall, there are some important elements to consider in order to establish a successful case:
- Did the property owner or manager know about the hazard or defect, or should he or she have known?
- How long was the hazard present?
- What caused the hazard to exist in the first place?
- What duty of care did the property owner have towards guests or other visitors?
By examining the answers to these and other questions, you and your attorney can work toward securing compensation for injuries in the form of a damage award. This may include financial recovery for emergency medical treatment and doctor’s visits, physical therapy or rehabilitation, pain and suffering, and other expenses related to the accident.
However, be aware the statute of limitations to file a personal injury claim in Massachusetts is only three years from the date of the incident. Contact an attorney as soon as possible to start the process and ensure your legal right to compensation is fully protected within this time frame.
Get Legal Help Today
If you suffered a serious injury after a slip and fall, Spada Law Group would like to hear from you. Len Spada and his team are dedicated to helping victims of negligence secure financial recovery after an accident. Reach out to us today by phone or through the online contact form and schedule a free consultation to find out how we may be of service to you and your family.