A slip and fall accident is a type of premises liability case. These cases occur when a commercial property owner or private property owner is negligent in keeping their property in a safe condition, including neglecting to maintain the property, do needed repairs or keep up the property.
If you suffered a serious slip and fall injury due to an unsafe condition on another’s property in Boston, Massachusetts, you may be worried about your loss of income and how to pay the medical bills and should contact a Boston slip and fall lawyer. You may be entitled to seek compensation to cover your medical care and other expenses related to your fall injury by filing a slip and fall lawsuit. If you have been injured as a result of slipping and falling and you believe a property owner was at fault, talk to an experienced Boston slip and fall lawyer. Our experienced premises liability attorneys at the law firm of Kelly & Soto Law know Massachusetts law regarding premises liability and are ready to answer your questions and discuss your legal options.
Our fall attorneys at Kelly & Soto Law are available to provide a free consultation about your serious injury. As part of our commitment to client service, you will deal directly with your attorney rather than with a paralegal. We are aggressive in pursuing maximum compensation for our clients who have been injured.
- 1 How Can Our Boston Slip And Fall Lawyer Help?
- 2 Causes Of Slip And Fall Accidents
- 3 Causes Of Trip And Fall Accidents
- 4 Types Of Slip And Fall Injuries
- 5 Proving Fault In Slip And Fall Cases
- 6 What Is The Statute Of Limitations On Slip And Fall Claims?
- 7 Did The Property Owner Know About the Danger And Neglect to Fix It?
- 8 Slip, Trip And Fall Injury Occurred On Commercial Property
- 9 Slips, Trips And Falls On Government Property
- 10 Slip, Trip And Fall Accident Occurred On Private Property
- 11 What To Do If You Were Involved In A Slip And Fall Accident
- 12 What You Should Do Right After The Injury Occurred
- 13 Contact Our Law Firm And Talk To A Boston Slip And Fall Lawyer
How Can Our Boston Slip And Fall Lawyer Help?
A slip and fall case is a civil lawsuit filed by an injury victim, seeking compensation for the injury. Slip and fall cases depend on the specific facts of the accident. For that reason, it is important to contact an experienced slip and fall lawyer immediately after an accident.
An energetic fall lawyer in Boston at Kelly & Soto Law will evaluate your accident and outline your legal options free of charge. If we handle your slip and fall injury case, we will conduct a prompt investigation and gather evidence of the property hazard and the property owner’s negligence. Lengthy delays in contacting an experienced Boston personal injury attorney and getting an investigation underway can give the property owner time to correct the unsafe condition. That can make it more difficult to document that your injury was caused by a property hazard.
We will work to help you recover maximum compensation for medical care, lost wages, and pain and suffering related to the slip and fall accident.
Causes Of Slip And Fall Accidents
Slip and fall accidents and trip and fall injuries are among the most common types of premises liability claims. Many falls occur on hazardous walking surfaces. Wet or slick surfaces can cause shoes to lose traction. The common causes of slip and fall accidents include:
- Wet or oily floors in commercial properties
- Spilled foods and liquids
- Broken steps, broken handrails
- Uneven surfaces
- Holes in property, creating trip and fall hazard
- Inadequate lighting
- Broken sidewalks
- Icy sidewalks
- Freshly mopped floors.
Causes Of Trip And Fall Accidents
Trip-and-fall accidents occur when your foot or leg strikes or catches on an obstruction, causing you to lose your balance.
The common causes of trip and fall accidents include:
- Torn or wrinkled carpet
- Uneven steps
- Raised threshold
- Poor lighting
- Debris or clutter in walkways
- Uncovered cables or wires
- File drawers being left open
- Obstructed view
- Broken sidewalks
- Potholes in parking lots
Types Of Slip And Fall Injuries
A fracture is a broken bone. You may experience a broken foot, broken ankle, fractured hip, broken wrist or other broken in a slip and fall accident. A serious bone fracture can cause time off work, reduced mobility and months of medical treatment.
Symptoms of broken bones include:
- Intense, throbbing pain
- Difficulty walking or moving affected limb
The impact of a slip and fall can cause a fractured vertebra in the neck or back, a slipped disk, or other serious spinal cord injuries.
- Neck pain
- Worsening pain with movement
- Loss of range of motion
- Tenderness or pain in the upper back or shoulders
Falls are the most common cause of traumatic brain injuries. Brain injuries may be mild, moderate or severe:
Symptoms of TBI include:
Loss of consciousness
Dilation of one or both pupils
Nausea or vomiting
A headache that worsens
Weakness or numbness in fingers and toes
Inability to awaken from sleep
Proving Fault In Slip And Fall Cases
Massachusetts imposes certain legal duties on property owners and business owners that rent properties. Both homeowners and business owners have a duty to all lawful visitors to keep the property in reasonably safe condition to prevent falls and other accidents. When a property is not adequately maintained or does not have warning signs of dangers, accidents can cause costly injuries. In some instance, a company contracted to maintain a property or remove snow and ice may also be liable.
What Is The Statute Of Limitations On Slip And Fall Claims?
Time Limits to file a claim: The ‘Statute of Limitations’, any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person’s legal claim will be barred and his or her right to sue a property owner will be lost forever.
The Massachusetts General Law, Chapter 260, Section 2A provides a finite window of time to research and file premise liability claims. We have at most three years so it is imperative we start the process as soon as possible. Preserving evidence that could increase the success of your case such as security footage, gathering witness statements and collecting photos of evidence are just a few items that need to be completed in the first few days or weeks so they are not lost.
Did The Property Owner Know About the Danger And Neglect to Fix It?
If a slip and fall lawyer can show that the property owner was aware or should have known of the unsafe condition and failed to fix it or post an adequate warning, then the property owner may be held liable for the injuries caused.
Slip, Trip And Fall Injury Occurred On Commercial Property
When our law firm is investigating premises liability accidents on commercial property in Boston, our premises liability attorneys look for prior accident reports of injuries occurring at the same location and surveillance camera tape that can help reveal how long a hazard has been present. This evidence can be used to show that the property owner should have been aware of the hazard and had time to correct it or post an adequate warning.
The owner of a commercial building like a department store or parking lot that has a code violation is liable for any injuries sustained as a result of the defective property condition. The failure of a building owner to inspect the property regularly and correct hazards may be the basis of a Massachusetts slip and fall injury claim.
Boston receives significant amounts of snow each year, which can create slippery conditions for slip and fall accidents. A property owner or the person controlling the property is responsible for removing accumulations of ice and snow and keeping the property reasonably safe. In some instances, companies contracted for snow and ice removal may be liable if they failed to uphold their duty.
Slips, Trips And Falls On Government Property
Slip and fall claims involving accidents on a publicly owned property are more complicated to pursue. The City of Boston, the Commonwealth of Massachusetts and the federal government are protected from serious injury lawsuits by sovereign immunity.
The Massachusetts Torts Claim Acts spells out the circumstances in which a civil lawsuit may be filed against the City of Boston or Commonwealth of Massachusetts, seeking compensation for injuries caused by negligence by a government or a government employee. You generally have to give notice to the government agency of a pending legal claim within a certain short period of time. These notification deadlines are often quite tight, making it important to contact a slip and fall lawyer immediately to review your injury and offer guidance.
Slip, Trip And Fall Accident Occurred On Private Property
Homeowners and owners of private property have a legal duty to maintain their property in reasonably safe condition to prevent injuries to guests and visitors. Private property owners also have a duty to warn of dangers on the property. The extent of the duty of care that a private property owner owes depends on the status of the visitor that comes onto the property. For example, a private property owner would have a greater responsibility to ensure the safety of an invited guest than a trespasser. Private property owners also have an obligation to secure their property so that swimming pools and structures that would pose an attractive nuisance to children do not pose a hazard.
What To Do If You Were Involved In A Slip And Fall Accident
If you sustain an injury while on another person’s property, there are certain steps that you should take.
What You Should Do Right After The Injury Occurred
- Seek medical attention for your injuries.
- Use your phone camera to take photos of the condition that caused your fall.
- Write down the names of witnesses to your fall.
- Record the name of the supervisor or owner of the location of your fall.
- Report the incident to the property owner, landlord or property manager.
- Do not speak to the property owner’s insurance company until you have consulted a slip and fall lawyer.
You should report the accident to the property manager or property owner. It is a good idea to follow with a certified letter to the property owner or property manager briefly describing the accident. Keep a copy of the letter. Informing the property owner promptly of your injury will strengthen your position if you eventually file a slip and fall claim.
According to MGL c. 84, Section 18-20, an injured person has to notify the property owner of the injury or damage from snow or ice on their premises within 30 days of the injuries occurred or they will forfeit the right to file a claim at all.
Contact Our Law Firm And Talk To A Boston Slip And Fall Lawyer
If you believe that your fall injury was preventable and was caused by someone else’s carelessness or disregard for safety, talk to a knowledgeable slip and fall lawyer in Boston who can evaluate the accident. Our slip and fall attorneys at Kelly & Soto Law are experienced in handling slip and fall accident claims and trip and fall accident cases in Boston and the surrounding towns.
After a brief discussion with you regarding the facts and details surrounding your accident, we will be able to provide you a better idea concerning the likelihood of success of your injury claim as well as the projected value of your case.
Read our blog posts about Slip and Fall Accidents:
Updated August 28, 2017