Slips and falls are highly common, and the resulting injuries can be debilitating. If you’re dealing with a slip and fall injury that has cost you lost wages, medical bills, or other damages, you may have a personal injury case. Property owners can be held liable under Massachusetts law if they fail to correct any condition on their property that they knew or reasonably should have known about. The slip and fall accident lawyers at Steinger, Greene & Feiner in Boston can hold negligent owners responsible and get you the compensation you deserve.
Understanding Slip and Fall Accidents in Massachusetts
There are many different types of slip and fall injuries, and they can occur anywhere. Some of the more common cases involve:
- Parking lots: Near commercial properties like retail and grocery stores, parking lots and parking garages are often owned by the store or a retail leasing company. Both have a responsibility to make sure conditions are safe for customers to walk and drive. When parking lots are not cleared of snow, don’t have appropriate signage, or have cracking and broken pavement, slip and falls can happen. Rollaway shopping carts and other debris can also cause injuries.
- Damaged stairs: Landlords, residential vacation property owners, and commercial property owners, like bar and restaurant owners, can be responsible for slips and falls if they neglect to repair stairs or fail to clear busy staircases.
- Wet floors: Slip and fall accidents can happen if restaurant or store employees fail to clean up spills or post a sign warning customers about the hazard.
- Snow and ice: Many slips and falls occur in the winter. Cities and towns are responsible for plowing the roadway, and residential and commercial property owners are responsible for removing snow and ice from their driveways and walkways.
Other causes of slip and fall accidents include inadequate lighting, damaged stair railings, and areas under construction that lack proper warning signs.
Slip and fall accident cases can sometimes fall under the area of premises liability law, which holds a premise owner or property manager responsible for making sure there are no unsafe conditions on a property that could cause injury or death to a resident, visitor, worker, or patron.
Legal Framework for Slip and Fall Accidents in Massachusetts
When you’re injured in a slip-and-fall accident, there are key questions you need to ask right away to determine who is at fault for the accident. When it occurs on someone else’s property, some questions you need to ask include:
- Did the property owner create the hazard?
- Did the property owner know about the defect?
- Did the defect occur with such regularity or exist for such a length of time that the property owner should have known about it?
- What level of care did the property owner owe to the person who was injured?
- Was the injured person a social guest? An employee? A patron of a business?
By answering these questions, a slip-and-fall lawyer will be able to determine who was at fault for your accident and hold them accountable. It’s important to contact a lawyer and file a claim as soon as possible after your accident while the evidence and memories are fresh.
According to Massachusetts General Law, Chapter 260, Section 2A, slip and fall accident victims have three years from the date of the accident to file a claim. The sooner you act to preserve surveillance video, witness statements, photo evidence, and other information, the better.
Injuries on Snow and Ice
Massachusetts also has snow and ice laws that can affect slip and fall injury claims. Property owners cannot be shielded from liability by doing nothing to clear snow and ice from their property. They must use reasonable care to maintain the property by clearing snow and ice from parking lots, sidewalks, and driveways to keep them in a reasonably safe condition for guests.
If you suffer injuries or other damages from snow and ice, it’s important to note that you have 30 days to notify the property owner of the incident, according to Massachusetts General Law, Chapter 84, Section 18.
Why You Need a Boston Slip and Fall Injury Lawyer
In order to prove negligence and receive compensation for your slip and fall injuries, you need to show that:
- The property owner owed you a duty of reasonable care;
- The property owner breached that duty;
- Your injuries were a direct result of that breach;
- You suffered compensable injuries.
This is where a Boston slip-and-fall attorney comes in. They will collect all information to meet this legal standard and demonstrate that a property owner’s negligence resulted in your injuries and that you should be compensated for your injuries.
At Steinger, Greene & Feiner, we have more than two decades of experience holding negligent parties accountable for their actions and securing maximum compensation for our clients. We are dedicated personal injury lawyers and slip and fall cases are one of our areas of expertise.
Client Testimonials
Our former clients report complete satisfaction with the way we handled their cases. Hear why we’re the leading Boston slip and fall injury lawyers.
Client Testimonials
1645 Palm Beach Lakes Boulevard #900, West Palm Beach
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I’m delighted that a business that operates in Florida is so skilled and capable. I look forward to working with them on my behalf, and they understand how important it is to be heard -
Steinger, Greene & Feiner took my case and I could not be happier. They have worked hard for me to obtain compensation for my injuries related to a car accident. They are very professional and always took time to answer my calls and … More any questions I may have had through out the process. I would highly recommend this firm.
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The only firm that was willing to take on my case. They were my last hope after talking to 5 other firms. my friend recommended them and I’m glad he did. legal assistant, paralegal and lawyer are very professional and communicative.
The Process of a Slip and Fall Case
After meeting with a Boston slip and fall lawyer for a consultation to discuss the facts of your accident and determine that you have a case, your attorney will:
- Investigate the accident: Investigating the accident often includes visiting the scene where it occurred to understand what happened and if there was negligence on the part of the property owner.
- Obtain witness statements: If one or more people witnessed your accident, they can significantly support the validity of your case. Witness accounts provide an important third-party, unbiased perspective of the incident, which supports your claim.
- Seek expert advice: Accident reconstructionists, engineers, and other experts can help determine what caused the accident and who is at fault. They can also testify on your behalf in court if necessary.
- Consult local permits: Your attorney will check with local government agencies to see if the owner had the right permits for the property at the time of the accident. If they did not, this can support your argument that negligence or improper maintenance was involved.
Your attorney will use the evidence they found during their investigation to estimate the value of your damages and handle all negotiations with insurance companies to recover these damages. Insurance negotiations can be frustrating and time-consuming, but an experienced slip-and-fall attorney has the resources and expertise to secure you full and fair compensation.
Most slip and fall accidents settle outside of court, but if the insurance company is not willing to compromise or you suffered particularly severe injuries, you may go to court. Massachusetts has a modified comparative negligence rule, which still applies in court. This rule means that any damages awarded to the slip and fall victim are reduced by the percentage of their fault. If a victim is found to be 15% at fault for the accident, their total compensation would be reduced by 15%.
Common Injuries From Slip and Fall Accidents
Slip and fall injuries can be minor, but they can also be very severe, especially if someone falls on concrete or down a flight of stairs.
Common slip and fall injuries include:
- Head injuries, including concussions and traumatic brain injuries
- Broken bones
- Broken hips or pelvis
- Torn muscles or tendons
- Neck or back injuries
- Paralysis
- Cuts and lacerations
Compensation in Slip and Fall Cases
Compensation in slip and fall accident cases can include:
- Current and future medical costs
- Lost wages
- Rehabilitation expenses
- Pain and suffering, and other damages
To secure a fair amount of compensation for medical bills, it’s important that you seek medical attention and have a documented record of your injuries. Your attorney will use your medical records to calculate the value of your losses and the compensation you deserve.
Compensation is usually sought from insurance companies, but which insurer you contact depends on who is responsible for your accident.
If you slip and fall on a public property, the property owner may be liable. Injury victims can file a claim against the property owner’s insurance carrier or file a personal injury lawsuit and go to court.
If you slip and fall at someone else’s home and are able to show that the homeowner’s negligence caused your accident, you may have a case in suing that individual for damages. Often, a lawsuit is filed against the homeowner’s insurance company rather than the person directly. In order to sue, you have to prove that there was a dangerous condition on the property that caused your accident, that the owner was aware of the condition and did nothing to resolve it, and that you suffered injuries that were directly related to the slip and fall accident.
If you slip and fall at work and are out of work for five days or more because of your injuries, you can file a workers’ compensation claim through your company’s workers’ compensation insurer.
Slip and Fall Accident FAQs
What Must a Business Do To Prevent Slip and Fall Accidents?
Businesses are responsible for providing safe conditions for their visitors. This includes making sure the property is maintained and any potentially dangerous conditions are addressed. Failure to do so can result in injuries from minor scrapes and sprains to serious head trauma and even death.
Who Is Responsible for a Slip and Fall Accident?
Property owners, homeowners, landlords, and others could be responsible for a slip and fall accident. This is because of the legal concept of “premises liability,” which means that property owners or managers are responsible for what happens on their property. They must ensure their property is maintained and reasonably safe for visitors.
How Can You Prove Your Fall Was Caused By Negligence?
To recover compensation for a slip and fall accident, you must prove that the property owner was negligent. In order to do this, you must demonstrate that the owner knew about or should have known about the hazard and failed to fix it. An experienced Boston slip and fall injury lawyer can help gather evidence to prove the negligence of the property owner.
How Long Does It Take To Settle a Slip and Fall Accident Case?
The amount of time it takes to settle slip and fall accident cases depends on the facts of the case and whether it must go to court. Reviewing your case with a slip-and-fall attorney can help you understand more about how long your case may take to settle.
What If I Slip and Fall at Work?
If you slip and fall at work and are out of work for five or more days because of your injuries, you are eligible to file a workers’ compensation claim through your company’s workers compensation insurer. In work slip and fall cases, your company’s workers’ compensation insurer would pay your medical bills and related expenses. Usually, your provider will submit the bills directly to the insurer on your behalf to pay.
Get in Touch With an Expert Boston Slip and Fall Lawyer
Our attorneys are highly familiar with Massachusetts snow and ice laws and premise liability laws that apply to slip and fall accident cases. If you’ve been injured in a Boston slip and fall accident, don’t hesitate to contact us so you can recover the full amount of compensation you deserve.
We operate on a contingency fee basis, meaning you don’t pay a penny until we win your case. Contact us for a free, no-obligation case consultation today.