Dedicated Massachusetts Slip and Fall Attorney
When you go out in public, you don’t expect to suffer a severe injury as a result of an incident. But slip and fall accidents happen all the time, and they can cause unnecessary pain and suffering for the victim. They are caused by unsafe or unkempt property or foreign substances such as oil, ice or obstructions. Slip and fall accidents can happen anywhere – in a supermarket or grocery store, hotel, office building, park, stairwell, parking lot, or even a person’s own workplace.
If you’re injured as a result of a slip and fall on someone else’s property, you need to understand the laws and the rights you have. But just because the incident occurred on someone else’s property doesn’t make the owner automatically liable. There are factors that must be proven to show negligence on the owner’s part, and they are written out in Massachusetts law.
Premises Liability in Massachusetts
Premises liability, also known as property negligence, outlines cases in which a legal claim for monetary damages is made by a person who was injured as a result of a hazardous defect on a property.
Property owners in Massachusetts have a duty to maintain their property and keep it in a reasonably safe condition for lawful visitors. This includes residential properties such as apartments, condominiums and single-family homes, commercial properties such as shopping malls, retail stores, hotels, hospitals, private schools, university campuses and anywhere else the public is likely to step foot on a regular basis.
Who Is Legally Responsible?
While property owners have a duty to maintain an acceptable standard of safety, they are not automatically liable in the case of an accident. The plaintiff, or person injured that is seeking compensation, has the burden of proof, meaning that he or she must show that there was a defect or hazard on the property and that, in the exercise of reasonable care, the property owner should have known about it and failed to do something to fix it.
There are a few ways the injured party can show negligence:
- The property owner or employees created or had clear knowledge of the hazardous condition
- The property owner or employees were in a position in which they should have seen and corrected the hazardous condition
- The plaintiff was injured because of an interference caused by a foreign substance that was present for a long enough time that the property owner or employee should have known about it
Having sufficient evidence, anecdotal or otherwise, will be the key in proving negligence. Consulting a knowledgeable slip and fall attorney to help you gather evidence and build a solid case surrounding your personal injury is the best way to ensure the best outcome for your situation.
At The Law Office of John J. Strazzulla, we can evaluate your case after a slip and fall accident and help you determine if taking legal action is the best way to proceed.