Boston Slip-and-Fall Lawyer
With all slip-and-fall injuries, it’s important to take the proper steps to protect your rights.
- First, you should report all accidents to the property owner or manager right away. If you wait, your claim could be lost.
- Second, make sure they write down all the information about your fall and give you a copy for your records.
- Third, get medical attention immediately for your injuries.
- Fourth, make sure to contact an experienced slip-and-fall attorney as soon as possible after the accident so that proper notice is given to the owner of the property and their insurance company. Any delay could compromise your rights later on.
How do you know if you have a legitimate slip-and-fall claim?
You slipped and fell and you were injured. But do you know if the property owner is liable? In most slip-and-fall cases, the injury is obvious. Where and how the injury occurred will determine who is liable and the extent of your claim.
What are you entitled to in a slip-and-fall claim?
Generally speaking, recoverable costs and compensation associated with slip-and-fall injuries include:
- Medical costs
- Lost wages
- Lost earning capacity
- Future costs related to an extended or permanent injury
- Out-of-pocket expenses
- Pain and suffering
Slip-and-fall injuries can be categorized into two types: indoor and outdoor.
Indoor injuries usually occur in a supermarket or some other commercial establishment. They typically involve a foreign substance of some kind, like merchandise that has fallen from a shelf or a liquid substance from a broken bottle or other spilled product. The most important thing to know about foreign substance cases is that they depend in large part on how long the foreign substance had been left unattended on the property.
The store or property owner is only responsible for those substances and conditions that were known about or should have been known about within a reasonable amount of time. The longer a foreign object or substance has been left unattended, the more reasonable it is to hold the property owner liable for injuries occurring as a result of a person falling. A store owner or property owner has a duty to periodically inspect the premises to make sure they are in a safe condition.
Outdoor injuries also usually occur as a result of a defect or foreign substance. The typical outdoor slip-and-fall case involves a hole, broken step or foreign object in an area that is not readily visible. The law requires a property owner to keep his/her premises in a reasonably safe condition for all individuals on the property.
The same rules apply to outdoor foreign substances. The longer a condition is left untreated, the more likely it is the property owner will be responsible for any resulting injuries. The length of time is determined by looking at the substance or defect for signs of wear and tear. For example, where a liquid is involved, the footprints, color and other track marks can define how long the substance has been left unattended. You need an expert to investigate these details if you want to maximize your claim.
A separate and distinct type of slip-and-fall accident has to do with snow and ice.
Previously the law in Massachusetts was very unforgiving with respect to injuries that occurred because of snow and ice. The courts made it clear that unless there was an “unnatural” accumulation of snow or ice, there would be no recovery for injuries that occurred from a fall on these substances. They concluded this due to the fact that we live in New England, where ice and snow is expected in the winter months. Because this was considered to be a natural condition, property owners were not held responsible. In order to make a claim against a property owner, one had to show that the owner was liable in some way for the danger. Things that were considered in these cases were gutters or overhangs that caused water to melt on stairs and walkways that then froze, causing a hazardous condition. A slip-and-fall lawyer in Boston can help you find these details in your case.
Then, the law changed.
As it stood, the law was not in line with other negligence claims and was determined to be unfair to victims of snow and ice falls. Slip-and-fall attorneys across the state, including many from our firm, fought tirelessly to change this archaic, unfair law. Through our efforts and others, the law is now much more protective of injury victims. Homeowners and store owners alike now have a duty to maintain their property in a safe condition from snow and ice. Property owners now have an obligation to use reasonable efforts to remove snow and ice to keep their property safe for visitors. If you fell in the middle of a severe storm, obviously it would be difficult to hold an owner responsible because it would be impossible to remove all snow and ice at that time. However, owners must do the best they can to be responsible for the safety of others. If stairs are left to ice over and no salt or sand is put down, there is certainly an argument that the owner did not use reasonable efforts. Since every slip-and-fall case is unique, a knowledgeable legal team is needed to determine your chances of success with a claim.
The laws are complex; that’s why you need an experienced slip-and-fall lawyer on your side.
We will use our more than 50 years of personal injury law success and the expertise of our 30 legal professionals to see to it that you get the financial compensation you are entitled to, the personal attention you deserve, and any future care you may need. We work only with the best experts, investigators and specialists to maximize your claim. We’ve helped thousands of slip-and-fall victims get the compensation they deserved. Our personal injury lawyers in Boston can help you, too. Call 1-800-660-2270 for a free consultation today. No pressure. Just answers.
What to Do in a Slip and Fall Accident
Slip-and-Fall Accident Case Achievements
Slip-and-Fall in Barn – $3 Million payout
Fall from Roof Injury – $300,000.00
Department Store Slip-and-Fall – $300,000.00
Slip-and-Fall Accident in Supermarket – $275,000.00
Lumbar Disc Surgery from Slip-and-Fall – $200,000.00
Dental and Back Injuries as a Result of Slip-and-Fall – $200,000.00
Fractured Nose and Concussion from Slip-and-Fall – $150,000.00
Hip Fracture from Slip-and-Fall on Ice – $140,000.00
Ankle Fracture from Slip-and-Fall Accident – $65,000.00