As a Massachusetts slip and fall attorney it is common to have a client who is partly at fault for the accident. However, even if the client is partly at fault, he/she may still bring a claim. As long as you were not more than 50% at-fault for the accident, you can still recover damages from the insurance company that insures the property you fell on. From my experience handling these claims through the years, I have learned that it is extremely rare for the slip and fall accident victim to not be at least partly at-fault for a slip and fall accident.
Insurance companies will not pay those claims where they feel that the victim is more than 50% at fault. The insurance adjuster will argue, in order to deny a claim, that the slip and fall victim was not wearing proper footwear, and that caused the accident. Or that the the victim was intoxicated, or was running at the time of the accident, or, generally, that the victim was not being careful enough under the circumstances, etc.
Therefore, as long as your attorney can establish that you were not more than 50% at-fault for the accident, then your attorney may have success negotiating a settlement on your behalf, or bringing the case to a successful verdict at trial. Call Massachusetts slip and fall attorney Christopher Earley today for your free, no-obligation consultation.