It’s not uncommon to fall and get hurt while shopping, dining out, or going about your normal workday. Accidents happen. But when that accident is preventable and results in a serious injury, it can become a legal issue.
If you’ve fallen and been seriously injured on someone else’s property due to their negligence, you may be entitled to compensation. These cases are often referred to as “slip and fall accidents.” These are accidents that happen when someone has created a dangerous environment, often by not maintaining an area under their control properly.
To understand the implications for you, let’s take a look at how these accidents can occur, your rights and legal considerations, and what steps you should take if you have such an accident. Our goal is to provide you with the information you need to make informed decisions during what can be a challenging time.
Common Slip and Fall Scenarios
A slip and fall accident can occur in a wide range of places including stores, gas stations, restaurants, workplaces, residences, nursing homes, train stations, hospitals, etc.
Common causes of fall-down accidents include a wide array of scenarios. A partial list of causes includes slippery floors due to a spill or leak, foreign substances on a floor such as oil, wax, or food items, structural defects on premises that violate building code provisions (e.g., defective stairs and railing) an unnatural accumulation of ice or snow that was either due to a structural defect such as a defective downspout or was improperly or inadequately treated (e.g., allowed to refreeze or is somehow made less visible or avoidable secondary to treatment). Negligent supervision of or assistance to an elderly or infirm person in a nursing home or an assisted living facility. A lack of warning signs or insufficient lighting can sometimes strengthen such negligence claims. Uneven surfaces can also cause premises hazards. These include damaged walkways, torn carpeting, or missing tiles.
A hazardous environment can also be created by obstructions such as work materials that haven’t been put away, accumulated debris that has not been cleaned up, or miscellaneous items that have not been properly secured.
Negligence is the failure to use reasonable care under all of the circumstances. In other words, a claimant has the burden of proving that the party in control of the premises in question either did something that a reasonably careful defendant would not have done under the same circumstances or that the party failed to do something that a reasonably careful defendant would have done under the same circumstances. A violation of any applicable regulation can sometimes be deemed evidence of negligence.
The negligence of the claimant is often raised by the defendant whenever any such claims are litigated. Massachusetts has a law called the comparative negligence statute. It only comes into play after the plaintiff proves the defendant was negligent. Once that occurs a question often arises as to whether the plaintiff’s negligence was a contributory or a legal cause of the accident. In substance, in such a scenario, the question becomes to what extent did the plaintiff’s negligence contribute to causing the accident? The plaintiff is barred from recovery (i.e., recovers $ 0) if his or her negligence was a contributory cause of the accident of 51% or more when compared to the negligence of the defendant. Conversely, the plaintiff’s damages are reduced pro rata to the extent his comparative negligence is 50% or less. For instance, if the plaintiff had damages of $100,000 and his comparative negligence is 50% his recovery would be $ 50,000. Moreover, If his damages were $ 100,000 and his comparative negligence was 20%, his recovery would be $ 80,000.
When an Accident Becomes a Case Worth Litigating or Pursuing
The basic elements of case worth litigating or pursuing are:
(1) are provable negligence
(2) real or significant damages
(3) applicable and sufficient insurance coverage
(4) comparative negligence that is clearly less than 51%
What Compensatory Damages Are Available in Massachusetts?
The various types of compensatory damages in Massachusetts include:
- Medical expenses, including past, immediate, and future costs
- Lost wages or a loss of earning capacity due to an inability to work
- Pain and suffering, which includes physical pain and emotional distress and includes any permanent loss of function and/or disfigurement.
- Fatal Injuries can compensate certain surviving relatives for the loss of their loved one and provide for their emotional or financial needs.
What to Do After a Slip and Fall Accident
If you have been involved in an accident, the very first thing to do is to seek medical attention. You should seek help immediately, even if you think the injuries are minor. This will create a medical record of your injury, which will be important if you pursue a claim.
Next, document the scene. Take photos of the hazard that caused your fall, the surrounding area, and your injuries. Not the date, time, and any conditions that may have contributed to the accident.
Report the accident to the property owner, manager, or relevant authority immediately or as soon as possible. This creates an official record and helps to establish the claim.
At this point, you may want to consult with a lawyer. Attorney Mark Horrigan can advise you on your rights and options. He is a seasoned litigator who has successfully litigated many fall-down accidents. He can help you get the right evidence and determine liability along with guiding you through a complex legal system. He will talk with you about your options and help you to understand your rights.
Conclusion
In summary, slip and fall accidents can have serious consequences, but understanding your rights and options can help you reach the result you deserve. Remember to seek medical attention, document the incident, report it, and consult an attorney.
By taking these steps, you can protect your rights and ultimately recover the compensation you deserve.
If you have any further questions or need assistance, don’t hesitate to contact Attorney Mark Horrigan. We’re here to help you through this process and ensure you get the support and justice you deserve.
