Slip and Fall Accidents

While tripping, stumbling and falling down are all part of life, at times, slipping and falling may be caused by negligence and, therefore, entitle you to compensation. The main factor in determining whether you receive monetary compensation for your slip and fall is whether you can prove the property owner is liable (or responsible) for your accident.

Proving Liability for Slip and Fall Accidents

One of the following three stipulations must be true for you to prove that a property owner is liable for slip and fall:

1. The property owner or an employee of the property owner somehow directly contributed to the danger inherent to the "fall site."
2. The property owner or an employee of the property owner knew about and failed to fix the damaged or dangerous fall site.
3. While the property owner or an employee of the property owner didn't know about the danger, either is negligent because he or she should have noticed the danger, as any "reasonable" person would be able to identify it.

Although the final stipulation is the most common slip and fall situation, it is also the most difficult to prove, namely because of the ambiguity of what a "reasonable" person is and what "should have noticed" entails.

As a result, most judges and juries focus on trying to decipher whether a property owner reasonably and adequately kept the property safe.

You May Be Entitled to Compensation for Your Slip and Fall If…

• a property owner doesn't regularly clean, fix or look over the property
• a property owner doesn't have proof of regular property maintenance
• no sign, cone or other object was used to try to warn you and others about the hazard
• the object causing the trip and fall should have been moved during day time or high traffic hours
• the tear, moisture or uneven ground had been in place for enough time that the property owner should have noticed it
• you fell over an object that should not have legitimately been underfoot

Your Liability

Keep in mind that, while the property owner may be, in part, liable for your slip and fall, your own behavior and negligence may have also contributed to the accident. If the property owner's lawyer can prove some distraction, misbehavior or carelessness caused you to avoid noticing the hazard, you may not be entitled to much or any compensation.

Lawyers and Compensation for Slip and Fall Accidents

During your consultation, a Massachusetts personal injury lawyer can determine whether you have a case and how much compensation you will likely receive.

Your lawyer will also:

• gather witness statements supporting your version of events
• take pictures of the hazard or hazardous area to help prove your case
• present your case in court or during mediation (or arbitration) hearings
• help you get more money faster, which, in turn, helps you get the medical attention you need to move on with your life.

For a free consultation with an experienced slip and fall attorney, contact us today.

175 Central Street
Suite 215
Lowell, MA 01852

Tel: 800-483-9219