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Were you recently involved in a slip and fall accident in Boston? Is someone else trying to blame you for your own injuries? If so, you should know how Massachusetts’ comparative negligence laws could affect your injury claim. An experienced slip and fall attorney can explain how the law applies to your situation and demand maximum compensation for your injuries.
What Is Comparative Negligence in Simple Words?
Comparative negligence is a legal rule that applies in cases where more than one person is at fault. It involves assigning a percentage of fault to each person based on how their actions might have led to an injury. In slip and fall cases, courts apply this rule by looking at who might have contributed to the accident and deciding what percentage of the blame rests with each party.
Comparative negligence rules differ from state to state. Many states have comparative negligence rules that allow injured parties to recover some compensation even if they are partially at fault for their own injuries. However, other states have strict laws that say you cannot get any compensation if you are even 1 percent at fault.
Massachusetts’ Modified Comparative Negligence Rule
Massachusetts uses a modified comparative negligence rule. The law says you can recover money after a slip and fall incident as long as you were less than 51 percent at fault. If a court finds you 51 percent or more to blame, you cannot claim compensation from other parties.
If your fault is less than 51 percent, you can still recover money. However, the court will reduce the amount based on your share of the blame. For example, if you were 20 percent at fault, the court would decrease your total compensation award by 20 percent.
When you file a personal injury lawsuit in Massachusetts, the court will look closely at each side’s actions before making a decision. Even small details can change how the court assigns blame, so it’s always a good idea to have a knowledgeable personal injury lawyer to advocate for you.
The Impact of Comparative Negligence on Compensation
Massachusetts’ comparative negligence law can decrease the amount of money you receive from a slip and fall claim. The more blame the court puts on you, the less money you can get. If the court decides you carry 40 percent of the blame, you will only be able to get 60 percent of the compensation you might receive otherwise. And if the court says you’re 51 percent or more at fault, you get nothing at all.
Negligent property owners and their lawyers will likely try to push more blame onto you to lower their expenses. A lawyer can prepare your case carefully and present strong evidence to protect your side of the story.
Common Defenses Used by Property Owners
Property owners might try to avoid paying you money after a slip and fall by arguing that you caused or contributed to the accident. For instance:
- They may claim that the slip and fall hazard was open and obvious. In other words, anyone paying attention would have seen and avoided it.
- Property owners might also say they had no time to fix the hazard or didn’t know about it when the incident occurred.
- Sometimes, they might even try to blame you for wearing the “wrong” shoes or for being distracted at the time of your fall.
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An experienced attorney can challenge these tactics and keep the focus of your case where it belongs – on the property owner’s failure to keep their premises safe.
Example Scenarios of Comparative Negligence in Action
Example 1: Maria slips and falls on some ice outside of a Boston grocery store. The store hadn’t salted the walkway, even though the forecast warned of freezing rain. But Maria was wearing flip-flops and walking quickly. A court decides that the store is 70 percent to blame and Maria is 30 percent at fault. Maria files a claim for $100,000, and the court reduces her award by 30 percent. So Maria only gets $70,000 for her slip and fall injuries.
Example 2: James trips over a power cord in a hardware store. The cord was stretched across the floor, but the store had a warning sign posted nearby. James saw the sign but kept walking while looking at his phone. A court finds James 60 percent at fault and the store 40 percent to blame. Because Massachusetts law bars recovery if you are 51 percent or more at fault, James cannot claim any money for his trip and fall.
How a Boston Slip and Fall Lawyer Can Fight Against Comparative Negligence Claims
If you slipped and got hurt on someone else’s property, you might feel unsure about what to do next. A Boston slip and fall lawyer can take steps to protect your rights and build a strong personal injury case for you by:
- Gathering photos, records, and reports to support your version of what happened
- Interviewing witnesses who saw the fall or the conditions that caused it
- Securing surveillance footage showing the slip and fall
- Researching property maintenance records and past complaints
- Using expert witnesses to explain how your injuries happened
- Identifying every person or company that might share legal blame
- Filing all the paperwork necessary to start your claim on time
- Responding to letters and calls from the other side’s insurance company
- Speaking on your behalf during settlement negotiations
- Preparing you for questions if you need to give a statement or attend a hearing
- Reviewing any settlement offers to make sure they adequately address your needs
- Taking your case to court if the other side refuses to agree to a fair outcome
Need Legal Assistance? Contact Our Law Firm Today
If someone is trying to pin the blame on you after a slip and fall accident in Boston, you need and deserve legal representation you can trust. Attorney Christopher Earley of Earley Law Group is here to help. Chris has more than 20 years of experience delivering real results for people like you, providing each one with The Earley Experience. That means we’ll treat you with the utmost respect, keep open and honest communication, and put in maximum effort for maximum results.
Here’s what one client had to say about The Earley Experience:
“Christopher was awesome helping me resolve my slip and fall case. He made it as stress free as possible given my circumstances. I am very happy with the services and will be sure to refer him to friends and family!” – Xiomara D.
When you’re ready to discuss your slip and fall case with a lawyer who cares, contact Earley Law to begin your free initial consultation. We charge you nothing for our time unless we win compensation for you, so there’s no risk or obligation to reach out.
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