Massachusetts Personal Injury and Workers' Compensation Law Blog
Boston Slip And Fall Accident Cases Are Hard To Win
Many people mistakenly assume that if they slip and fall they must have a case, and that they will receive a settlement. That is not true. The fact that you were injured does not make a case. What first needs to be shown is liability before a slip and fall case will have any chance for success.
There is no question that proving liability for a slip and fall claim can be challenging. Unlike with car accident cases, liability isn’t always clear cut and easy to establish. Many victims of slip and fall accidents never recover a dime for this very reason. Boston slip and fall accident cases are hard to win indeed.
For slips and falls on snow and ice, you need to be able to show the property owner, landlord, or snow removal company failed to reasonably remove the snow and ice that led to your fall. That can be challenging because the standard is “reasonableness” so it can be hard to establish liability when some, but not all of the snow and ice was removed.
When someone slips and falls in a store, liability is established by showing the property owner knew about, or should have known about, the condition or hazard that caused you to fall, and failed to address it before you fell. If for example there was water on the floor for 30 minutes before you slipped on it and it was never addressed by the store, then liability would be likely established. But if it was there for a just a few minutes before the fall, then liability would be much harder to show.
Keep in mind even if you are partially at fault for causing the slip and fall, Massachusetts law still allows you to recover compensation. This is called comparative negligence and is very typical for slip and falls, as well as trip and fall accident cases.
For those that slip and fall fall at work, they have a workers’ compensation claim, without needing to prove liability. Workers comp benefits pay for missed time from work (whether it be total or partial disability), medical bills, and loss of function, as well as any compensation for any scarring or disfigurement that resulted from the slip and fall accident.
Contact A Slip And Fall Attorney In Boston
If you did slip and fall and sustain injuries, and feel as though someone was negligent, then contact a Boston slip and fall lawyer for a free consultation. These cases are hard and are best positioned for success when handled properly with an experienced attorney’s assistance.