A slip and fall accident can happen anywhere in Massachusetts, whether that’s a grocery store aisle, an office parking lot, or an apartment building’s staircase. Those who own, control, or possess property have a legal duty to keep their premises reasonably safe for visitors. When they fail to fix or warn about unsafe conditions, serious injuries can occur.
Massachusetts slip and fall premises liability law allows victims to hold property owners and managers responsible for preventable harm. If you or a loved one was injured after slipping and falling on someone else’s property, you may be eligible for compensation. DiBella Law Injury and Accident Lawyers can help you understand your rights and options. Contact us today for a free consultation.
- Massachusetts property owners, tenants, and managers must keep their premises reasonably safe and can be liable for hazards they fail to fix or warn visitors about.
- Massachusetts no longer follows the old “natural accumulation” rule that once protected property owners from liability for injuries caused by naturally fallen snow or ice. Snow and ice must now be treated like any other dangerous condition when determining liability.
- Injured people can recover compensation if they are 50 percent or less at fault under the Massachusetts modified comparative negligence law.
- Liability may involve multiple parties, and evidence such as photos, surveillance footage, and maintenance records is essential to proving a claim.
Understanding Slip and Fall Accidents in Massachusetts
Premises liability is a legal principle that holds those in control of property responsible for maintaining a safe environment on their premises. When someone slips, trips, or falls because of a dangerous condition that the responsible party failed to repair or warn about, that individual or business may be liable for the resulting injuries. That means they may be responsible for the injured person’s damages.
Slip and fall accidents can occur in nearly any setting, including shopping centers, restaurants, apartment buildings, office complexes, and public sidewalks. Common causes include wet floors, uneven pavement, torn carpeting, cluttered walkways, and poor lighting.
Icy surfaces during the winter months are also a leading slip and fall hazard in Massachusetts. Snow and freezing rain can quickly turn sidewalks, stairs, and parking lots into slick, unstable surfaces. Property owners can often minimize the risk these conditions pose by taking proper precautions, and not doing so can lead to catastrophic outcomes.
For example, a shopper might encounter a patch of ice outside a Boston retail store after an overnight freeze and suffer a serious fall. If the property owner knew—or should have known—about the icy condition but failed to treat it, the shopper could hold them responsible for their injuries.
Massachusetts-Specific Slip and Fall Laws
Premises liability law in Massachusetts requires property owners and occupants to maintain their premises in a reasonably safe condition for lawful visitors. This responsibility includes taking reasonable steps to address hazards caused by snow and ice.
For many years, the “natural accumulation doctrine” protected property owners from liability for injuries caused by naturally fallen snow or ice. The Massachusetts Supreme Judicial Court ended that rule in 2010 with the case Papadopolous v. Target Corp. The court decided that property owners must treat snow and ice like any other dangerous condition.
The state’s modified comparative negligence law also affects these cases when an injured person is partially at fault for their own slip and fall. An injured person can still recover compensation if they’re 50 percent or less at fault, but their damages will be reduced by their percentage of fault. If they’re at least 51 percent at fault, they cannot recover compensation.
Who Is Responsible for a Slip and Fall Accident?
Anyone who had control over the dangerous condition that caused a fall and failed to address it may be liable, such as:
- Property owners: Business owners, landlords, and homeowners are responsible for regularly inspecting their properties, repairing known hazards, and maintaining up-to-date safety measures.
- Tenants: Individuals or businesses that lease property must maintain the areas they control in a safe condition for customers, employees, and visitors. This includes promptly cleaning spills, posting warning signs for hazards, and keeping walkways free of obstructions.
- Property managers: Those who oversee a property’s day-to-day operation must address safety complaints promptly and coordinate timely maintenance or repairs.
- Maintenance contractors: Contractors hired to perform upkeep—including snow or ice removal contractors—are responsible for completing their jobs safely and thoroughly.
In many cases, liability may be shared among multiple parties when each contributes to creating or ignoring a hazardous condition.
General Negligence Principles
To establish that another party was negligent, a plaintiff must show:
- The plaintiff was owed some duty of care by the defendant.
- The duty of care was breached by the defendant.
- The plaintiff incurred damages.
- The damages to the plaintiff were a result of the defendant’s actions or inactions.
For example, a retail store has a duty to maintain the premises of the business in a manner that demonstrates reasonable care and safety for customers. If an unsafe condition exists, store management has a responsibility to warn customers. A defendant has a duty to recognize feasible dangers that could exist as well.
How Our Massachusetts Slip and Fall Lawyers Can Help
Our attorneys have extensive experience representing clients in slip and fall claims throughout Massachusetts. We have what it takes to prove that the property owner or manager failed to maintain safe conditions and that their negligence led to your injury.
When we take on your case, we’ll immediately start gathering the facts through a deep investigation. Our team will review evidence, such as surveillance footage, maintenance logs, photos of the scene, and reports of the dangerous condition. We may also interview witnesses and work with third-party experts to identify what went wrong. We also analyze medical records to connect your injuries directly to the hazard.
Slip and fall claims often involve overlapping insurance coverage from business liability, landlord, renter’s, and homeowner’s policies. Our Boston personal injury lawyers can identify which policies apply to your case and pursue maximum compensation from each.
If you were injured on someone else’s property because of the owner’s carelessness, you may have a right to compensation through a civil premises liability claim. DiBella Law is ready to explain your options under Massachusetts slip and fall premises liability laws and help you move forward. Contact us online or call 855-342-3552 (855-DiBella) for a free case evaluation.
Frequently Asked Questions (FAQs)
We answer common questions about Massachusetts slip and fall laws below.
Who Can File a Slip and Fall Lawsuit in Massachusetts?
You can file a slip and fall lawsuit in Massachusetts if you were legally on someone else’s property and were injured because the property was not kept in reasonably safe conditions. To have a valid claim, you must show that the party in control of the property knew or should have known about the dangerous condition and failed to repair it or warn you in time. Our Boston premises liability lawyers are here to evaluate your case and help you determine if you have a valid claim.
How Long Do I Have To File a Claim for a Slip and Fall Accident in Massachusetts?
The Massachusetts statute of limitations for most personal injury claims is three years. That means you have three years from the date of your injury to seek compensation for your slip and fall injury.
Can I Still File a Lawsuit if I Was Partially at Fault?
Yes. Massachusetts’ modified comparative negligence law allows you to recover compensation if you’re less than 51 percent at fault for your injury. However, your compensation will be reduced by your percentage of fault.
What Kind of Compensation Can I Expect From a Slip and Fall Lawsuit?
Settlement values vary widely depending on factors such as injury severity and available insurance coverage. Slip and fall settlements in Massachusetts often range from a few thousand to several hundred thousand dollars, but particularly severe cases can exceed those amounts. Our Boston slip and fall attorneys can calculate your claim’s unique value and pursue the results you deserve.