Can I Sue For My Slip And Fall Accident?
It is surprising the number of people who have the misfortune of slipping and falling. Some people that experience these accidents are injured as a result, and some are not. A common question from both categories of people is whether or not a lawsuit can be be filed. Almost anyone can sue anyone else. But, the real question is if the lawsuit will be worth it.
If a property owner fails to reasonably take care of, or maintain his property, and someone is injured, he can be sued for negligence in a Massachusetts court. Negligence is a common word used in personal injury law which means someone was careless, or unreasonable in bringing about injury to someone.
For example, if someone slips and falls in a store on a spilled liquid and is injured, the property owner can be successfully sued if they had notice of the liquid, and failed to clean it up. Or, a landlord can be sued if someone is injured from slipping and falling on icy stairs, if he failed to have the stairs cleared in a reasonable period of time. However, even if a property owner is negligent, you still have to show you were injured in the fall in order to be be able to sue. If there is negligence, but no injury, there is no case. Or, if there is an injury, and no negligence, there is still no case.
If there is negligence and it caused an injury, the injured party can file a lawsuit even if he was partially at fault. This is called comparative negligence, and allows people to sue for slips and falls, only if they were not more than 50% at fault for the accident in Massachusetts. Frequently this comes into play with these cases.
Which Court Should The Case Be Filed In?
Now, which court should the lawsuit be filed? For less serious injuries, and if the medical bills are less than $ 25,000, District Court is the appropriate court. For other cases involving more serious injuries, and damages in excess of $ 25,000, Superior Court is the proper court. Keep in mind too you need to also sue in the appropriate town or county. If you don’t, the case can be dismissed by a judge.
Important Time Limits and Notice Requirements
You also must keep in mind that you have a limited period of time to sue for a slip and fall accident in Massachusetts. Generally, you have three years from the date of injury to file the lawsuit. But depending on the case, you must before filing a lawsuit, send a proper written notice of your claim. This requirement applies to claims against the City of Boston, and claims against the Massachusetts Bay Transportation Authority (MBTA).
Massachusetts Slip And Fall Injury Attorney
Regardless of the type of slip and fall you had, or the type of injuries you sustained, I encourage you to contact the Law Office of Christopher Earley today for free. We would be happy to provide you with a free case evaluation and will tell you whether or nor you have a case that is worth pursuing.