Slip & Fall Lawyer in Boston
Icy sidewalks, crosswalks with potholes, loose debris on the floor—all can lead to catastrophic slips and falls. When these accidents happen, you may be left with serious injuries, such as bruises, broken bones, concussions, or even spinal cord injuries.
If you’ve suffered a slip and fall injury due to another’s negligence, you may have grounds for a lawsuit. That’s where our skilled Boston slip and fall lawyers at the Fogelman Law Firm come in. We’ve helped many Boston residents fight for compensation in their personal injury cases and can help you do the same.
Common Causes of Slips & Falls
The most common causes of slip and fall accidents in Boston include:
- Wet floors from spilled liquids or recently mopped floors
- Weather conditions, such as ice or compact snow accumulation on entryways, sidewalks, and walkways
- Poor lighting in various areas, such as hallways, stairwells, or parking garages
- Loose debris on the floor, such as strewn electrical cords or mats and rugs without non slip backing
- Broken handrails in bathrooms, stairwells, and similar areas
- Uneven flooring or ground, such as large cracks in sidewalks, sudden bumps in grassy lawns, or potholes in roadways
If these conditions were caused by another’s negligence, you may hold them accountable for their actions. For example, suppose you’re at the grocery store and slip on a section of recently mopped floor that was unmarked. In this instance, you may pursue legal action against the grocery store.
Slip & Fall Accidents: Private vs. Public Property
In Massachusetts, where you sustain your slip and fall injury matters. The legal framework varies between injuries on private property versus those that occur on public property.
On private property, the property owner or current tenant usually bears responsibility for maintaining the premises in a reasonably safe condition. These properties include homes, businesses, and rental properties. So, if you slip and fall due to a hazardous condition that the owner knew about or should have known about, such as an icy sidewalk or wet floor, you may hold the owner liable for your injuries.
On the other hand, suppose you slip and fall on public property, such as a sidewalk, park, or government building. In these cases, pursuing legal action becomes more complicated. Governmental entities in Massachusetts have certain legal protections, so pursuing a lawsuit against them can be tricky.
Our knowledgeable Boston slip and fall lawyers are well-versed in both types of cases. So, whether you slip on a wet, unmarked floor in a government building or fall on an icy sidewalk on private property, we can help.
Understanding the Importance of Fault
Fault is a key contributor to Massachusetts slip and fall lawsuits. The state follows a comparative negligence rule, which means that your ability to recover damages can be affected by your level of fault in the accident, if any. If the court finds you to be more than 50% at fault for the incident, you may be unable to recover any compensation.
For example, suppose you slip on an icy sidewalk, but you are distracted by texting. In this case, the court may find that your own negligence reduces or eliminates your ability to claim damages.
If you’re found to be less than 50% at fault for the incident but still partly to blame, your compensation will drop by your percentage of fault.
Both parties will likely bring evidence to prove the other party’s responsibility for the incident. Given that fault can greatly impact damages, it’s important to consult a knowledgeable Boston slip and fall lawyer who can help you put your best foot forward.
Types of Damages Available in Slip and Fall Cases
Multiple types of damages can be available in a Boston slip and fall case. The first type, called economic damages, applies to the financial losses associated with your case. This can include medical expenses, such as bills for hospitalization, rehabilitation, and medication, lost wages, and loss of future earning capacity.
The second type, called non-economic damages, covers the non-financial aspects of your case. For example, it may compensate you for the pain and suffering or permanent injuries you experience. Since these factors are subjective, there isn’t a set-in-stone number that applies to these types of damages. Instead, your lawyer will carefully evaluate the specifics of those losses, often using the total economic losses to determine a fair amount to pursue.
Talk to Our Experienced Lawyers at the Fogelman Law Firm Today
If you or a loved one has sustained an injury in a Boston slip and fall accident, our experienced team at the Fogelman Law Firm is here to help. We’ve helped many people from Boston and beyond navigate the complexities of the legal system and can help you do the same. Contact us today at (617) 559-1530 or complete our online contact form to get started with a free consultation.
Frequently Asked Questions
How Long Do You Have to File a Boston Slip & Fall Case?
Under Massachusetts law, you have three years to file a personal injury lawsuit against the at-fault party in your slip and fall case. This timeframe is called the statute of limitations. If you don’t file your claim within this timeframe, you may lose your ability to pursue legal action against the at-fault party, so it’s important to act quickly and talk to a knowledgeable lawyer as soon as possible.
What Evidence Do You Need in a Boston Slip and Fall Case?
Multiple types of evidence can be helpful in a Boston slip and fall case, including surveillance footage and video, witness statements, photos from the scene, or even physical evidence from the scene. The types of evidence available in your case may vary, as every situation is different. Your lawyer will collect all pertinent evidence that may support your case.
