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Slip and Fall Lawyer in Barnstable, MA

A slip and fall accident is often more than a source of embarrassment. It can result in a debilitating and even life-changing injury. Among young children and elderly adults, falls are a leading cause of disability and even death. If you slipped and fell on someone else’s property—or even on your own property—a Barnstable personal injury lawyer from Kelly & Associates Injury Lawyers can help you pursue compensation from the responsible party or parties.

At Kelly & Associates Injury Lawyers, we know our clients expect results. You never pay us a fee until we win compensation for you. The initial consultation and case evaluation are free, with no risk or obligation, and we can get started on your case right away. You can start the process today by calling our Barnstable office at 1-800-LAW-GUYS.

We Can Recover Compensation for Slip and Fall Injuries on Residential and Commercial Property

No matter where your slip and fall accident occurred, it is likely that at least one or more parties other than yourself bear liability for your injuries. At Kelly & Associates Injury Lawyers, our job as your Barnstable personal injury team is to investigate your injury, identify all parties who may share responsibility, collect evidence proving their liability, and then pursue them for full and fair compensation.

We have helped clients win substantial settlements and judgments for injuries suffered on both residential and commercial property. A slip and fall lawyer in Barnstable, MA wants to put their resources to work for you.

Residential Slip and Fall Injuries

Residential property includes single-family homes, apartments, condominiums, mobile homes, and co-ops. If you slipped and fell on residential property, any number of parties may be responsible, including but not limited to:

  • The homeowner
  • The landlord
  • The tenant
  • The homeowners’ association
  • The builder or architect who designed the home

Our investigative staff gets to work right away. We will uncover evidence that reveals who is financially liable for your injuries. We will then pursue them aggressively for the compensation you deserve.

Commercial Property Slip and Fall Injuries

Commercial property includes office buildings, retail spaces, malls, parking lots, and parking garages. When a person is injured on commercial property, it is often a business that is liable. Businesses often have much greater financial resources than homeowners, making it easier to win a substantial settlement and collect on it.

Potentially responsible parties for your commercial property slip and fall injury include:

  • The business owner
  • The property manager
  • The maintenance company
  • The insurance company

To set up a free case evaluation with a member of the Kelly & Associates Injury Lawyers team today and learn how a slip and fall lawyer in Barnstable, MA will fight for compensation on your behalf, call our office at 1-800-LAW-GUYS.

Premises Liability Laws in Massachusetts

Both residential and commercial property owners and managers in Massachusetts must follow the state’s premises liability laws. These laws require the upkeep of real property and that hazardous conditions be addressed promptly.

To hold a property owner or manager liable for your slip and fall injury, we must demonstrate that they failed to address or provide adequate warning of a dangerous condition on the property. Examples of conditions that frequently lead to slip and fall injuries include:

  • Loose or missing stairs
  • Wet or slippery floors
  • Cracked floors or pavement
  • Missing handrails
  • Unmarked obstacles on the ground
  • Potholes
  • Poor or inadequate lighting
  • Exposed electrical wires

No matter how your injury occurred, our job is to procure evidence that it could have been prevented had the owner or manager upheld their responsibility under the law to maintain a safe, hazard-free property.

To speak with a member of the Kelly & Associates Injury Lawyers team today and set up a free case evaluation in the Barnstable area, call our office at 1-800-LAW-GUYS.

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I would highly recommend Michael Kelly to anyone who is seeking a knowledgeable, experienced, and dedicated lawyer.

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MEET YOUR LAW GUY MICHAEL D. KELLY, ESQ.

Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.

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

BROKEN BONES

A fracture is a broken bone. You may experience a broken foot, broken ankle, fractured hip, broken wrist or other broken bone 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 the affected limb
  • Swelling
  • Bruising
  • Tenderness

BACK AND NECK INJURIES

A fracture is a broken bone. You may experience a broken foot, broken ankle, fractured hip, broken wrist or other broken bone 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:

  • Neck pain
  • Worsening pain with movement
  • Stiffness
  • Loss of range of motion
  • Tenderness or pain in the upper back or shoulders

TRAUMATIC BRAIN INJURIES

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
  • Disorientation, confusion
  • Slurred speech
  • Dilation of one or both pupils
  • Nausea or vomiting
  • A headache that worsens
  • Seizures
  • Weakness or numbness in fingers and toes
  • Inability to awaken from sleep
  • Coma

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 in Boston 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 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 attorney in Boston 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 to ensure a successful Boston slip and fall lawsuit.

WHAT TO DO IF YOU WERE INVOLVED IN A SLIP AND FALL ACCIDENT

  • 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 attorney.

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.

WHAT TO DO IF YOU WERE INVOLVED IN A SLIP AND FALL ACCIDENT

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 premises liability attorneys at Kelly & Associates Injury Lawyers 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 Boston slip and fall lawsuit as well as the projected value of your case.

Read our blog post about Slip and Fall Accidents:

Avoid a Slip and Fall Injury this Winter