Slip and Fall Accidents
For over 25 years we have represented people who have slipped, tripped, fallen and have suffered bodily injury as a result of the negligence of the owner of the properly. Slip and fall accidents happen in a range of environments – in supermarkets, in restaurants, on stairs, on or near construction sites, in rental apartments, in stores. Everywhere. The injuries from such falls range from simple cuts and bruises to head injuries, to broken bones, to injuries to children.
Massachusetts Slip and Fall Cases
- Falls on defective stairs and stairways
- Falls on poorly lit stairways
- Falls at restaurants
- Falls at construction sites
- Falls from water or slippery items left on floors
- Falls from poorly designed walkways, entryways, floors
Personal Injury Areas of Expertise
The Right Slip and Fall Lawyer
What distinguishes these cases is the tenaciousness at which the insurance companies and their defense trial attorneys will attach the victims, and put the blame on them. They investigate the shoes our clients were wearing to see if they were at fault, the clothing to see if it was in the way, the handbag or packages that the victim was holding. The insurance companies often have access to video tape of areas where the incident happened. They interview anyone and everyone who may know something about the accident.
There are many pitfalls to slip and fall cases. Cases against the MBTA have one law. Cases against the state, city and towns have another law. Cases on public streets are yet another law. Cases against residential landlords, have a whole host of laws. In an apartment or other rental, for example, slip and fall cases may be as a result of a housing or building code violation which triggers the breach of warranty of habitability. This would apply to the legal occupants of the apartment, their families and their guests. Landlords can also be held responsible for violations of the Consumer Protection, Chapter 93A law.
Will My Slip and Fall Case Go To Court?
Slip and fall cases are too varied to put in any one category. There are a multiplicity of factors that go into how they play out in a claim against an insurance company. There are various factors in proving your slip and fall case. Even if the evidence seems clearly against the landlord, the insurance company or insurance defense attorney may aggressively defend in an attempt to be a deterrent to future cases. Thus, an aggressive attorney will prepare your claim and your case for all options. Gathering evidence, such as photographs and videos is critical. Securing witness statements is important. Checking that your medical records accurately reflect how the fall occurred is critical. An effective Massachusetts slip and fall attorney will assure that your case is but into the best possible position, in a claim, or if it goes into suit. Remember, however, that filing a lawsuit does not mean that there will be a trial. Continuous aggressive litigation by your attorney often results in resolution prior to trial.
Boston’s Slip and Fall Attorney
Injuries that result from playground falls or falls in other public areas, we must worn our clients that the law protects landlord, including towns and cities, where the area is set up for “recreational use” and there is no fee. Injuries from falls on snow or ice may be difficult because the law requires that there be an “unnatural accumulation.” An experienced slip and fall attorney will be able to determine if the conditions are satisfactory for a claim.
For questions about personal injury cases, please see our Personal Injury FAQs.