If you slipped and fell because of a dangerous condition or hazard that a property owner ignored and didn’t fix or repair, you may be owed compensation for your injuries. What may seem like a “small” slip, trip, or wrong step could have devastating consequences.
In the state of Massachusetts, premise liability law allows victims of slip and fall accidents to pursue financial compensation for injuries suffered due to the negligence of a property owner. For a free consultation after a fall-related injury, call us today at (617) 889-5000.
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.
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.
What Should I do If I was Hurt in a Slip and Fall Accident?
A slip and fall accident can result in severe injury, serious medical complications, and sometimes life-changing circumstances. It’s important to get medical care as soon as possible so that an attorney can prove your injuries were caused by the slip and fall, especially as some injuries may take a few days to develop. If you slip and fall in public, you should seek medical attention immediately.
If you can, talk to witnesses who might have seen you fall. Get their names and contact information. Take photos of where the accident happened, so you have proof of the condition that caused it.
Bring the incident to the property manager's attention and ask for their name and contact information.
Contact a slip and fall lawyer in Massachusetts as soon as possible after the accident. Spada Law will fight for your claim and get all the evidence needed to support your claim, including video surveillance footage, maintenance records, company safety policies, and much more. The attorney will take over everything — you will never have to talk to the property manager or their insurance company again.
What are the Most Common Slip and Fall Accidents in Massachusetts? Who is Liable?
Fall accidents happen in many different ways. Visitors are at risk of injury whenever there is a hazard, especially in a public place.
Common Causes of Slip and Falls:
- Poorly maintained parking lots
- Spills, leaks, and wet surfaces
- Sidewalks that are broken
- Uneven walkways
- Missing tiles
- Curbs or steps that don’t have proper markings
- Potholes or broken curbs
- Stairs without sidewalks
- Bad lighting
- Tripping hazards, such as power cords
- Failure to remove ice or snow in the winter
These above situations can result in serious injuries if someone slips and falls.
Common Slip and Fall Injuries:
- 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
As with any injury, the injury itself is a concern, but an additional issue is the continued worry of infection and other complications after surgery or other medical procedure.
Liability in Slip and Fall Accidents
Most often, the property owner is responsible for maintaining a property or public area. However, that’s not always the case. If a business leases a property, it's possible that the business, not the property owner, is responsible.
In a residential situation, such as with an apartment or other residential rental property, the liability for an injury may be divided between the renting resident and the landlord.
Who Pays for My Injuries After a Slip and Fall?
The at-fault party will pay for your injuries, medical bills, and any other owed compensation after a slip and fall accident.
Determining who the responsible party is can sometimes be a challenge, but that’s what Spada Law Group’s slip and fall accident lawyers are for.
After a slip and fall, you are entitled to financial recovery for:
- Emergency medical treatment
- Doctor’s visits
- Physical therapy or rehabilitation
- Pain and suffering
- Any other expenses related to the accident
When is The Property Owner Responsible for a Slip and Fall Accident?
Property owners in Massachusetts have a duty to make sure their property is reasonably safe. When property owners or managers fail to maintain buildings and locations safely; or fail to put out caution signs, barricades, or other notices that dangers exist, they may be acting negligently, and visitors or customers should take caution.
Hazards that all property owners should know about and either repair immediately or warn visitors about until the unsafe condition is fixed include:
- Ripped or town carpeting or other floor coverings
- Cracked to missing floor tiles, paving stones, or bricks
- Wet floors from leaks, spills, weather, cleaning solutions, etc.
- Missing or broken handrails
- Overly steep, narrow, or otherwise unsafe stairways
- Damaged, broken, or cracked concrete driveways, sidewalks, or parking lots
- Potholes and related hazards
- Walkway obstructions or obstacles
- Improper or damaged lighting
- A violation of building or health and safety codes
When Might a Property Owner Not be Responsible for a Slip and Fall Accident?
Property owners are only liable if you are injured on their property while some form of a guest or someone who has a right to be there. If you are trespassing, for example, the property owner likely does not owe you a duty of care or safety. This is because they did not even know you were there, and perhaps you should not have been there.
Another example of when a property owner might not be fully responsible is if you were also to blame for the accident. Even if you were partially at fault — for example, if you were texting and walking and not paying attention — you likely still have a valid slip and fall injury claim in Massachusetts.
In Massachusetts, a “modified comparative negligence” rule essentially allows people to recover damages as long as they are not primarily at fault. If you are 51% or less at fault, you can still recover damages for your incident and injuries.
Never assume you are out of luck. There are exceptions to almost all laws and circumstances, so you should always contact an experienced premise liability attorney after any injury so they can assess your claim to see if there may be a successful case for recovery.
How do I Prove the Property Owner was Negligent in Massachusetts?
To establish a successful slip and fall case, an attorney must establish a few elements to start a premise liability lawsuit. To pursue a premise liability claim, we need to prove that the property owner acted carelessly or recklessly, and that their carelessness led to your injuries.
Elements to consider in any slip and fall case:
- The duty of care the property owner had for guests or visitors to the property.
- Whether the property owner or manager was aware of the dangerous condition (the hazard, defect, etc.) or if they should have known about the dangerous condition.
- If the property owner failed to warn of the dangerous situation.
- How long the dangerous condition existed.
- What created the dangerous condition, or what caused the hazard to exist in the first place.
If a reasonable person would have noticed the dangerous situation and either fixed it or put up a warning, we could hold the property owner responsible for your accident.
Proving Negligence in a Massachusetts Slip and Fall Accident Case
If a property owner is responsible for your injury, legally, this means that they were negligent. An injury attorney will use your case to establish the four elements of negligence. These four elements are the same in any negligence case, but the way your attorney proves them is always unique to your injury and your case and circumstances.
- Duty of care: Every property owner has a duty to maintain their property (what is often referred to as “premise”) free from dangers, hazards, or conditions that could cause an injury.
- Breach of duty: A property owner breaches their duty of care if they allow a potentially dangerous condition to exist on their property.
- Causation: This is met if the hazard or dangerous condition led to you falling and caused your injuries.
- Damages: You were “damaged” due to the fall — this includes injuries, medical bills, time missed from work, and more.
How do I Find a Slip and Fall Lawyer in Boston?
Choosing the right personal injury attorney is essential, especially in Massachusetts, where many options are at your fingertips.
Even if case results are not on the attorney’s website, always ask about similar cases they’ve handled and what the results of those cases were for their clients. Reviews are also important because they will help you know whether past clients enjoyed working with the attorney and if they were happy with the case's outcome.
Spada Law Group has a few offices in Massachusetts and can also meet with you virtually. Call our office to set up a free consultation today: (617) 889-5000.
Boston Slip and Fall Injury Lawyer
When you hire our slip and fall attorneys, we collect evidence of the property owner’s negligence and proof of your injury and present it to the property owner’s insurance company.
We negotiate with the insurance company directly. If they don’t agree to a fair settlement for your injuries, we file a personal injury lawsuit and can take the case to trial if that is the best option for you.
Do I Need a Personal Injury Attorney?: How Spada Law’s Injury Attorneys Can Help You Get Compensated for your Slip and Fall Injury Case
After a fall-related injury, you may face debilitating injuries, and the future may seem uncertain and stressful. With the help of an injury lawyer, you are able to focus on your healing and recovery while your attorney focuses on getting you compensation to pay for all of your injury-related costs.
When you hire Spada Law, you pay nothing out of pocket. When we get to work on your case, we use our resources and network to collect evidence, consult with accident reconstructions, experts, and more.
We Help You File Your Insurance Claim
If your slip and fall accident happened because a property owner was negligent, the person or business might be responsible for your damages. Typically, the person’s or business’ liability insurance carrier represents the property owner and pays for your damages. Through the property owner’s insurance, we hold the property owner responsible for all of your injury-related damages.
We handle the entire process of filing and managing your insurance claim so you can continue to focus on healing and getting better.
Types of Compensation You Can Recover For a Boston, Massachusetts Slip and Fall Case
Massachusetts property owners are responsible for ensuring their property is safe for visitors and guests. This includes private homes, properties, community spaces, public parks, restaurants, stores, businesses, apartments, campgrounds, ski resorts, and more.
When a personal injury attorney looks into your slip and fall accident, they know all the factors to assess when determining the compensation you deserve. The attorneys at Spada Law Group will evaluate your injuries and all your damages and seek compensation that is fair for you. That compensation will likely include the following:
- Medical bills
- Ongoing and future medical care costs
- Lost wages and benefits
- Future loss of income
- Pain and suffering
- Diminished quality of life
- Property damage (broken phones, glasses, etc.)
Depending on the severity of your injuries, you may also recover additional damages.
Wrongful Death Cases After a Boston, MA Slip and Fall Accident
While rare, slip and fall accidents can sometimes lead to fatal injuries. Unfortunately, Spada Law Group has handled several fatal slip and fall cases. If a family member died due to a slip and fall case, you may be able to pursue additional compensation through a wrongful death case.
Spada Law has extensive experience with wrongful death cases, and we’re here to help your family navigate this difficult circumstance and fight for justice for your loved one.
How We Help People After Pedestrian Accidents in Massachusetts
- Learn how Spada Law recovered $1,000,000 after a blind man fell into an open hole and died weeks later due to severe head injuries.
- Learn how Spada Law helped a woman who slipped on water recover $390,000 after a knee injury.
Injured In a Slip and Fall Accident in Boston or Massachusetts? Reach out for a FREE Consultation With A Slip and Fall Injury Lawyer
Slip and fall accidents often result in serious injuries and, in some cases, even death. Dealing with a serious injury or loss of a loved one is challenging and stressful enough, but navigating the legal process and dealing with insurance companies doesn’t have to be challenging and stressful.
If you or a loved one were injured in a slip and fall accident in Massachusetts, you have rights and may be able to get compensation for your medical bills, time lost from work, pain and suffering, and more. Our slip-and-fall accident attorneys are here to inform you of all your rights and guide you through the legal process every step of the way.
Over the last three decades, we’ve helped thousands of people in Massachusetts get the recovery they need after a slip and fall accident. Recently, Boston Magazine named Attorney Spada one of Boston’s Top Personal Injury Lawyers. As personal injury lawyers, you never pay us a penny until we win your case. We’re here and ready to help.
We have three offices but proudly serve the entire state with the ability to meet with you remotely from the comfort of your own home. Contact us for a free consultation so we can learn more about your accident and injuries and see how we can help you get the recovery you deserve.