Did You Slip and Fall on Someone Else’s Property?
As residents of Boston know, winter in the city can be harsh. The ice and snow can create a combination that is treacherous for both drivers and pedestrians. And while drivers certainly have many fender benders due to the winter weather, it is pedestrians who suffer the most with fall injuries.
If you have been the victim of a slip-and-fall in Boston due to icy or snow-covered pavement, a call to (617) 870-0907 should be made as soon as you have been seen by a medical professional. The personal injury lawyers at DiBella Law Injury and Accident Lawyers, have been working with victims just like you for nearly two decades to ensure they receive full compensation.
Give us a call today to discover how we can assist you.
Pedestrians’ Right to Safe Access in the Winter
All property owners in Boston have a legal responsibility to maintain clean and clear access for the public. This includes snow removal, as well as the application of de-icing chemicals when needed. Not only do the laws of premises liability cover stores, shopping centers, businesses, schools, and apartment complexes, but they also include private residences. And in this case, access includes not only sidewalks and steps but also parking lots and other grounds that could be used by lawful guests or residents of the property.
Tenant Responsibilities
If a property is not occupied by the landlord, such as a retail space that is rented to a business or an apartment unit, it is normally the tenant’s responsibility to maintain the property in a safe condition.
In other cases, the property owner will contract with a snow removal company for their services. The terms of snow removal and other maintenance duties should be clearly defined in any lease or rental agreement for a Boston property.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
Comparative Negligence
The Commonwealth of Massachusetts follows a legal practice known as comparative negligence. This means that a person could be considered partially responsible for his or her own injuries. The victim can only seek compensation if he or she was less than 51% at fault for the fall.
In the case of winter weather in Boston, a slip-and-fall injury victim could have been running or wearing improper footwear for the conditions, which contributed to his fall on the slippery sidewalk. If icy conditions are determined to be the major factor in the fall, more than 49%, then the victim can pursue legal action against the person responsible for maintaining the sidewalk.
Comparative negligence also comes into play when the compensation is determined. If the jury decides the victim is 25% responsible for the fall, then he would receive only 75% of the verdict. In this case, a verdict of $100,000 would be reduced to $75,000, as the victim must assume 25% of the financial responsibility as well as the blame.
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Why Hire a Boston Lawyer for a Slip-and-Fall Injury?
Slip-and-fall injuries can be challenging to prove in any instance, but winter weather can make them even more difficult. There are more opportunities for the property owner to accuse the victim of contributing to his own injuries by making a poor judgment or acting in a careless manner. But with nearly two decades of experience in Boston, the lawyers at DiBella Law Injury and Accident Lawyers, know how to hold negligent property owners accountable and secure fair compensation for victims.
To schedule a free consultation with a Boston personal injury lawyer, call (617) 870-0907 today. We offer four convenient locations, including our Boston office at 100 Cambridge Street on the14th floor. We will explain your options to you and help you to secure the compensation you deserve.
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