Some Great Massachusetts Slip and Fall Information from CBS Channel 3 in Springfield, MA
Here are some great nuggets of information for those injured in a slip and fall accident in Massachusetts that I found over at the CBS channel 3 Springfield, MA website :
Slip and Fall FAQs
Q: Under what circumstances is a landowner liable for damages to someone who is injured in a slip and fall accident?
A: When the landowner has created a defective or dangerous condition on his/her property, or has allowed such a condition to persist for an unreasonably long period of time.
Q: What is an unreasonably long period of time for a landowner to allow a defective or dangerous condition to exist on his her property?
A: That depends on the type of property. It would be much shorter for a grocery store and much longer for the owner of a remote wooded lot. However, it is generally the period of time in which a reasonable landowner would have recognized and repaired/removed the condition.
Q: What types of incidents are commonly classified as slip and fall accidents?
A: In addition to actually slipping on a hazard, material or substance, other claims that are generally classified as slip and fall accidents are trip and falls, twisting accidents or incidents where you move suddenly but don't fall.
Q: What should I do if I am involved in a slip and fall accident?
A: You should seek medical attention immediately making sure to tell your doctor where you fell and what caused your fall. You should also have photographs taken of the area where the incident happened as soon as possible. And finally, you should contact an attorney at your earliest convenience so that your rights may be protected.
Q: Can I file a claim against a property owner if I slip and fall on ice or snow resulting from a storm?
A: Under Massachusetts law, a landowner has no duty to clear a natural accumulation of ice or snow. However, if there is a defect present that combines with ice or snow to cause a slip and fall, the landowner may be liable for any injuries or damages suffered.
Q: If I have a slip and fall accident on my own property can I make a claim under my homeowner insurance?
A: In most cases you cannot make a claim under your homeowner policy for injuries you may have sustained. Most homeowner insurance policies have an exclusion for people who actually live on the property.
Q: If I have a slip and fall accident at work can I sue my employer for injuries that I have sustained?
A: Usually the answer is no. You cannot sue your employer if you are entitled to collect workers' compensation benefits. However, if there is another entity or party who owned or was responsible for maintaining the area where you fell, you may have a claim against that party.
Q: What types of legal defenses are there to slip and fall accidents?
A: Generally, insurance companies will claim you were not paying attention, you were carrying things, your clothing or footwear contributed to your fall or you assumed the risk of entering into an unsafe situation.
Q: If you are partly at fault for your slip and fall accident can you still make a claim for injuries?
A: In Massachusetts you must prove that the Defendant was more than 50% at fault before you can collect damages.
Q: How long do I have to file a claim or lawsuit if I am involved in a slip and fall accident?
A: In Massachusetts there is a three year statute of limitations to file a lawsuit for a slip and fall accident. However, under certain circumstances you may be required to provide a landowner with prompt notice of a slip and fall accident to remain eligible to file a lawsuit. Therefore, if you are injured in this type of accident, you should contact an attorney at your earliest convenience so that your rights may be protected. Stricter notice requirements exist if the fall occurred on public property.
Here is a link to the article: CBS 3 article