‘Notice’ and Massachusetts Slip and Fall Cases

The success of slip and fall cases in Massachusetts hinge on the element of “notice.” Property owners in Massachusetts are required to keep their property in a reasonably safe condition free from defects. These owners must take reasonable measures to insure their property is safe for those lawfully on the property. In order to establish negligence on the part of a property owner, you need to show the owner had notice of the dangerous defect that caused your slip and fall injuries.

Notice can be established in one of three ways. First, you can try to show the owner created the dangerous condition which led to your slip and fall accident. Second, perhaps you can show the owner knew of the dangerous defect but failed to take reasonable steps to remedy it. Third and finally, the element of notice can be satisfied by showing the owner should have known of the dangerous condition, but failed to recognize it and correct it.

As you know from reading this blog, slip and falls, as well as trip and fall cases are tough to win in Massachusetts. But, if you can establish the element of notice – in one of the three above-mentioned ways – then negligence on the part of the property owner may be established.

Nearly twenty years ago when I opened my practice I decided to dedicate my career to advancing the rights of injury victims against powerful insurance companies. Personally, I find great satisfaction in helping good and honest people who have been wronged due to no fault of their own. I am really proud to have earned our clients’ hard-earned trust by running a law firm our clients can always count on to do the right thing.